HomeMy WebLinkAbout20112881.tiff HEARING CERTIFICATION
DOCKET NO. 2011-69.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0011, FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT,
CONSTRUCTION AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL) ZONE
DISTRICT-TODD AND RHONDA AMEN
A public hearing was conducted on November 2, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated September 16, 2011, and duly published
September 21, 2011, in the Fort Lupton Press, a public hearing was conducted on October 26,
2011, to consider the request of Todd and Rhonda Amen, for a Site Specific Development Plan
and Use by Special Review Permit, USR11-0011, for an Oil and Gas Support Facility
(roust-a-bout, construction and excavating service) in the A (Agricultural) Zone District, at which
time the Board deemed it advisable to continue the matter to November 2, 2011, at the request
of the applicant due to a scheduling conflict. Bruce Barker, County Attorney, made this a matter
of record. Chair Kirkmeyer advised the applicants' representative, Sheri Lockman, that the
applicants have the option of continuing this matter to a date when the full Board will be present.
However, if they decide to proceed today, it will require three affirmative votes, or in the case of
a tie vote, Commissioner Conway will listen to the record and make the determining vote. Ms.
Lockman indicated the applicants would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is currently in violation, as a result of an anonymous complaint, for the
operation of a business without the necessary zoning permits; however, approval of this USR
will correct the violation. He gave a brief description of the location of the 81.74-acre site, which
is not within a three-mile referral area for any municipality, and he indicated the soils are
classified as "Other" by the U.S.D.A. Soils Map of Important Farmlands of Weld County.
Mr. Ogle gave a brief description of the surrounding land uses and stated there are nine
property owners within 500 feet of the site; however, staff did not receive any correspondence
regarding the application. He stated staff initially recommended denial of the application for
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failure to demonstrate adequate sanitary sewage and water systems; however, the Planning
Commission is recommending approval based on the understanding that the facility will be
operating on a part-time basis and that bottled water and portable toilets will be suitable.
Mr. Ogle explained the Colorado Division of Water Resources submitted a referral response,
dated August 18, 2011, indicating that since the site is larger than 70 acres, the applicants
would likely be able to obtain two exemption well permits: one full domestic permit, including
outdoor water use and commercial drinking, and a sanitary well permit. The Division also
indicated the two permits could be obtained if each permit were assigned a specific 35 acres, or
more, of the property. He stated the Weld County Department of Public Health and
Environment is requiring permanent drinking water and sewage disposal facilities for employees
and drivers; however, the applicants are requesting approval to allow portable toilets, hand
sanitizer, and bottled water since the drivers will only be at the site for a short period of time.
Lastly, Mr. Ogle referenced images of the site and surrounding area, which were included as
part of the official record.
Heidi Hansen, Department of Public Works, stated County Road 49 is classified as an arterial
roadway requiring 140 feet of right-of-way at full buildout. She stated the average daily traffic
count, taken in June 2009, was approximately 2,980 vehicles. She further stated County
Road 38 is a local roadway requiring 60 feet of right-of-way at full buildout. She indicated the
business access will be from County Road 38, the internal drive will be surfaced with recycled
asphalt, employees will arrive in personal vehicles and depart in five one-ton trucks, there is
some storage of equipment, and they did provide a water quality depression for stormwater
runoff. In response to Commissioner Rademacher, Ms. Hansen stated there is no traffic count
within the vicinity of the access.
Mary Evett, Department of Public Health and Environment, stated there is an existing septic
system for the residence, which is designed for five (5) bedrooms, or ten (10) people, and it is
served by a domestic well. She stated, at the Planning Commission hearing, the applicant
requested permission to provide portable toilets and bottled water for the drivers, in lieu of
having to re-permit the domestic well, which is covered under Development Standard #10. She
further stated maintenance repairs are done at an off-site repair shop, although they do some
maintenance on the one-ton trucks. Ms. Evett stated the applicants submitted a Waste
Handling Plan which addresses the removal/disposal/recycling of maintenance waste, and Rural
Disposal provides trash pickup. She stated the applicant also provided a Dust Abatement Plan
which indicates recycled asphalt will be placed on the access driveway to minimize dust, and
Development Standards#3 through #15 are the standard Health items for this type of facility.
Ms. Hansen addressed Commissioner Rademacher's previous question and indicated the
closest traffic count was taken in the year 2008, approximately 1.5 miles west of County
Road 49 for a total of 52 vehicles; however, this is not an accurate reflection of the traffic in the
subject area.
Ms. Lockman submitted additional photographs, marked Exhibit E, showing the storage and
parking area when most of the equipment was present. She stated the remaining photographs
were taken from County Road 38 and demonstrate it is very hard to see the business from the
road.
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No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Ms. Lockman explained the employees come and park their personal vehicles and then leave
the site in the company vehicles for the remainder of the day. Chair Kirkmeyer stated the issue
of permanent water and sewage may need to be reviewed in the Code; however, in this
particular case it does not appear necessary since there are no on-site employees. In response
to Commissioner Rademacher, Ms. Lockman stated the applicant is satisfied with the limit of
eleven employees. In response to Chair Kirkmeyer, Ms. Lockman stated the applicants have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
proposed.
Commissioner Garcia moved to approve the request of Todd and Rhonda Amen for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0011, for an Oil and
Gas Support Facility (roust-a-bout, construction and excavating service) in the A (Agricultural)
Zone District, at the request of the applicant, based on the recommendation of the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 7th day of November, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -ii- a/,/l/ )1,vS1, %/Atti "
Barbara Ki eyer, CX�air
Weld County Clerk to the Board
EXCUSED
,/) Sean Co Pro-Tem
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0011 - TODD AND RHONDA AMEN
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 10/04/2011)
D. Clerk to the Board E-mail re: Continuance, dated 9/20/2011
E. Applicant Photographs of site
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