HomeMy WebLinkAbout20112828.tiff HEARING CERTIFICATION
DOCKET NO. 2011-68
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0004, FOR AN OIL AND GAS SUPPORT FACILITY (WATER HAULING) AND
ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(MAINTENANCE AND FABRICATION OF NEW AND EXISTING TRUCKS), PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL)
ZONE DISTRICT- SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY
A public hearing was conducted on October 26, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
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, Heidi Hansen
Public Works representative, Mary Evett
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 to consider the
request of Soto Gonzales, c/o Foster Trucking, Inc. / Donn Foster and Mary Lee Hardy, for a
Site Specific Development Plan and Use by Special Review (USR) Permit, USR11-0004, for an
Oil and Gas Support Facility (water hauling) and any use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District
(maintenance and fabrication of new and existing trucks), provided that the property is not a lot
in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and provided a brief description of the location of the facility. He stated the City of Greeley
indicated it had no conflicts with the proposal; however, it did provide some comments regarding
the engineering components. He stated the City of Evans and the Town of Kersey did not
provide a referral response. He gave a brief description of the surrounding land uses, indicated
the site will be accessed from County Road 60.5 (formerly known as Highway 263), and stated
(1. : CAi fL / k), )J2_ 2011-2828
PL0674
HEARING CERTIFICATION - SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY (USR11-0004)
PAGE 2
the USR will encompass two lots which total nine acres in size. Mr. Ogle stated the applicants
have indicated they plan to remove all of the existing structures. He stated 18 referral agencies
reviewed the proposal, five responded favorably, or provided comments that have been
addressed in the Conditions of Approval and Development Standards, and staff received no
correspondence from surrounding property owners. He indicated the photographs of the site
and surrounding properties are included in the original case file for review.
Heidi Hansen, Department of Public Works, reiterated the site is accessed from County
Road 60.5, which is a collector status roadway requiring 80 feet of right-of-way at full buildout,
and presently there is 60 feet. She stated staff is requesting the placement of a standard
tracking pad to prevent tracking of mud and dirt onto the public roadway, the applicant will be
required to enter into an Improvements Agreement, and there is a joint access with the adjoining
property, which is a good working arrangement. Ms. Hansen stated the site drawing reflects the
proper floodplain boundary; however, the proposed use will be on the other side of the ditch and
it will not create an issue. In response to Commissioner Conway, Ms. Hansen stated she will
research the average daily traffic (ADT) count and follow up with the relevant information.
Mary Evett, Department of Public Health and Environment, stated the applicants have submitted
a Will Serve letter from the North Weld County Water District, and there is an existing septic
system which the applicants intend to abandon and replace with a new engineer-designed
system for the shop/office building. She stated the fabrication of vehicles may occur on the site
and if painting occurs the applicants will need to check with the Air Pollution Control Division to
obtain an Air Pollution Emission Notice (APEN), as required in Development Standard #8.
Ms. Evett stated the applicants will also need to submit a Waste Handling Plan to address the
disposal of wastes from the wash bay and floor drains in the shop, and a Dust Abatement Plan
to ensure the access drive and parking areas are surfaced with gravel or recycled asphalt and
that dust is controlled. She stated staff has no other concerns.
Cameron Knapp, Drexel BarrelI Engineering, represented the applicants and stated the two lots
consist of nine acres, the Ogilvy Ditch bisects the property, and the proposed development will
be located north of the ditch, including a 100-square-foot, single-story metal frame building. He
stated there will be adequate parking for 30 semi-trucks on a gravel or recycled asphalt surface,
as well as 15 employee parking spaces, and the building will have a small office with a restroom
facility and a wash bay for maintenance of trucks and some fabrication of new trucks.
Mr. Knapp stated the facility will not encroach on the floodplain, the property slopes from north
to south, and runoff will be conveyed to a stormwater quality pond prior to discharge. He
indicated the existing septic system, outbuildings, and houses will all be removed and a new
engineered septic system will be installed. He stated domestic water will be supplied by the
North Weld County Water District, and the floor drains will drain to a containment tank which will
be emptied and hauled away by a licensed handler. He further stated there is a shared 30-foot
access easement which has an improved turning radius for trucks, and the first 100 feet will be
surfaced with asphalt and contain two cattle guards to prevent tracking of debris onto the public
roadway. In response to Commissioner Rademacher, Mr. Ogle clarified the USR will
encompass both Recorded Exemption lots, all of the structures shown on the aerial photograph
will be removed, the site will be scraped clean, and the new building will be constructed north of
the ditch.
2011-2828
PL0674
HEARING CERTIFICATION - SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY (USR11-0004)
PAGE 3
No public testimony was offered concerning this matter. In response to a prior question from
Commissioner Conway, Ms. Hansen stated the average daily traffic count for County
Road 60.5, taken in the year 2010, was approximately 2,988 vehicles. Responding to
Commissioner Rademacher, Mr. Ogle stated the Code requires screening of outdoor storage;
however, the trucks will only be parking overnight and then leave during the day. Commissioner
Rademacher commented it does not appear screening is warranted in this case, due to the
floodplain and limited surrounding uses; therefore, the Board agreed to delete the screening
requirement under Conditions of Approval #1.C.11 and #1.E. In response to Commissioner
Rademacher, Mr. Knapp confirmed the trucks are only parked overnight; the drivers get their
assignments and then go off-site to get water to be delivered to various oil and gas sites.
Responding further to Commissioner Rademacher, Ms. Evett confirmed Condition of
Approval #1.F simply requires the name and contact information of the company selected to
dispose of the maintenance and fabrication waste. In response to Commissioner Rademacher
regarding Development Standard #22, Ms. Hansen stated this is standard language which
should be revised to remove the words "Homeowners' Association". Responding further to
Commissioner Rademacher, Mr. Knapp stated the hours of operation addressed in
Development Standard #38 are sufficient. In response to Commissioner Conway, Mr. Knapp
confirmed they do have contracts for water filling sites. Responding to Chair Kirkmeyer,
Mr. Knapp stated the applicants have reviewed, and agreed to abide by, the Conditions of
Approval and Development Standards, as proposed and modified.
Commissioner Long moved to approve the request of Soto Gonzales, c/o Foster Trucking, Inc. /
Donn Foster and Mary Lee Hardy, for a Site Specific Development Plan and Use by Special
Review Permit, USR11-0004, for an Oil and Gas Support Facility (water hauling) and any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone District (maintenance and fabrication of new and existing trucks), provided that
the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. His motion
included the deletion of Conditions of Approval #1.C.11 and #1.E, and the modification of
Development Standard #22 to delete the words "Homeowners' Association". The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:32 a.m.
2011-2828
PL0674
HEARING CERTIFICATION - SOTO GONZALES, CIO FOSTER TRUCKING, INC. / DONN
FOSTER AND MARY LEE HARDY (USR11-0004)
PAGE 4
This Certification was approved on the 31st day of October, 2011.
BOARD OF COUNTY COMMISSIONERS
WEj70/COUNTY, COLORADO
ATTEST: � �.�c. <1 'vc�t2 - %,),(�4I.i1� of�'cz
Barbara Kirkmeyer, air
Weld County Clerk to the Board --- C _.
_-�/� q • Sean P 1 ro-Tem C
BY: ep tean2 / I6
Deputy C rk to the Board � C,/l/
EA?) Willi F. Garcia
isbit}'{?ate David E. Long
acher
r
fir's
® •cii ' j oug s Rade
2011-2828
PL0674
k
tu
I
2 \
k -Zr
■ \_ \ ,
U 6 \
0
z \re
LLI v• 2 % » i
° ) ) � ±
k
z 0 \ to 2 / raj
o D 2 - / `
Z • 2w 0 ■ 9 CO
[ F- E ILI" k / ®
F MO
2 -0 oz J / C
® « 0 ■ 2 ) ") ® \
% § Z.3 E
z § � .-
0
izi k
0 < k 2
j OO� } � / $
# $ 2 k
k \ \ i /
Ca 2g 0 8 )
§ § § w § C / .\
w 0 0 S z \
= 00 a_
EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0004 - SOTO GONZALES, C/O FOSTER TRUCKING, INC. / DON
FOSTER AND MARY LEE HARDY
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.
E.
F.
G.
H.
J.
K.
L.
M.
N.
Q.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello