HomeMy WebLinkAbout20081176.tiff HEARING CERTIFICATION
DOCKET NO. 2008-29
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1642
FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (FRACKING COMPANY),
AN AGRICULTURAL SERVICE ESTABLISHMENT (COMMODITY STORAGE AND
DRYING), AND A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(RECYCLING BUSINESS), IN THE A (AGRICULTURAL) ZONE DISTRICT - LUCERNE
COMMONS, LLC
A public hearing was conducted on April 16, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated March 28, 2008, and duly published April 2, 2008,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Lucerne
Commons, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1642
for an Oil and Gas Support and Service Facility (fracking company), an Agricultural Service
Establishment(commodity storage and drying),and a Use Permitted as a Use by Right,Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts(recycling business),
in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record.
Hannah Hippely, 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. She
stated the site is located near the intersection of State Highway 392 and County Road 39, and she
gave a brief description of the uses of surrounding properties, including Use by Special Review
Permit#1355 for an agricultural-related business. She indicated the Lucerne Subdivision is located
directly west of the site, and an additional residence is located directly north of the site. She stated
twelve referral agencies reviewed the proposal, and nine responded favorably or provided
comments which have been addressed through the Conditions of Approval and Development
Standards. In response to Chair Jerke, Ms. Hippely displayed a map of the surrounding area and
photographs of the site. She indicated Condition of Approval #1.A may be deleted, since the
applicant has completed the condition, and Condition of Approval #1.M, requiring a Surface Use
Agreement, may also be deleted, since Exhibit F indicates that Petroleum Development
Corporation fully supports the application. She further indicated Condition of Approval#1.O.4 may
be deleted, since the Colorado Department of Transportation (CDOT) has withdrawn the request
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for additional right-of-way, as described in the letter provided as Exhibit E. She stated the facility
is now proposing a public drop-off, and the applicant's representative will provide further
clarification; however, staff recommends that a Development Standard be added to limit the hours
of operation for public drop-offs from 8:00 a.m., to 5:00 p.m., Monday through Friday. In response
to Commissioner Masden, Ms. Hippely stated the applicant will utilize the existing buildings on the
site; however, the buildings will be utilized for new purposes. She clarified the buildings were
previously used for agricultural storage, and no new buildings will be constructed at the site. She
further clarified the applicant will make slight modifications to the existing buildings,and the outdoor
storage component of the request is only for the equipment associated with the fracking company.
Lauren Light, Department of Public Health and Environment, stated the site is provided with water
from the North Weld County Water District, and a septic permit was issued at the site in 2001, to
accommodate six people, and was installed; however, the permit was never finalized by the
Department of Public Health and Environment. She indicated she has discussed the issue with the
applicant,two additional percolation tests were completed,and the test completed near the fracking
company building came back high. She clarified the soils on the site are good, therefore, she
believes the high levels may be attributed to traffic. She recommended the applicant install a new
septic system to the southwest of the fracking building, and another septic system adjacent to the
recycling building. She stated the commodity building will utilize portable toilets, as the building is
only utilized seasonally. She further stated the Department is in support of the recycling uses;
however, she recommended a Development Standard be added to address State requirements
concerning solid waste requirements for recycling operations. She requested the addition of a
Development Standard, to state, "The applicant shall adhere to the requirements listed within
Section Eight of the Colorado Solid Waste Regulations." Responding to Chair Jerke, Ms. Light
indicated the Department's concerns regarding the septic systems have been adequately
addressed.
Don Dunker, Department of Public Works, stated State Highway 392, east of the railroad tracks,
has an average daily traffic count of approximately 3,700 vehicle trips per day, and the average
daily traffic count along County Road 39 is approximately 1,300 vehicle trips per day. He stated
the access to the site is located on State Highway 392, therefore, CDOT has jurisdiction over the
access. He stated the existing detention pond located on the site may be utilized for water quality,
and the site is not located within the floodplain. He indicated the site is surfaced with gravel, and
the Department is requiring that the applicant provide curb stops for the parking spaces and
adequate signage to guide internal traffic at the site.
Cody Hollingsworth, AGPROfessionals, LLC, represented the applicant and stated the site has
been historically utilized for agricultural commodity storage, including potato storage buildings, a
scale,office,truck service building,and a grain storage building. He indicated the applicant intends
to continue utilizing the site for commodity storage within the north building and grain bins,with the
addition of an oil and gas support and service facility, and the recycling business. He stated the
recycling business uses will primarily include storage of recycling products, packaging,office space
for shipping and receiving, outdoor parking, and wholesale trade recyclables. He clarified the site
will act as a transfer station, which means the recyclable materials will be received, bundled, and
then transferred or shipped to a recycling center. He further stated one of the buildings will be
utilized as a truck service and dispatch center, which is why outdoor parking will be utilized. He
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indicated the proposed uses at the site are compatible with surrounding uses,and he reiterated the
proposal received unanimous approval from the Planning Commission. Mr. Hollingsworth indicated
all storm runoff will be captured on the site, clarified the pond on the site is a retention pond, and
indicated the placement of the new septic systems on the map provided. He stated CDOT has
approved the existing access on State Highway 392, the facility will generate approximately one
truck trip per hour, during an eight-hour workday, and approximately 22 employee trips per day,
as well as seasonal commodity traffic.
In response to Commissioner Masden, Mr. Hollingsworth clarified a total of 56 truck trips will occur
weekly. He further stated the current potato storage building can hold the equivalent of up to
370 tandem-axle trailers, and the other commodity building can hold approximately double the
amount. He clarified the commodity storage is seasonal, and deliveries and pick-ups will occur
twice per year. Responding to Chair Jerke, Mr. Hollingsworth indicated the recycling business will
accept paper and plastic materials, mainly documents from local businesses which need to be
shredded, baled, and shipped to a recycling center. Further responding to Chair Jerke,
Mr. Hollingsworth indicated the baled materials will be shipped from the site through semi-trailers,
and the rail service will not be utilized. In response to Commissioner Rademacher,
Mr. Hollingsworth confirmed all shredding and baling activities will take place within the east
building on the site. Responding to Commissioner Garcia, Mr. Hollingsworth indicated the applicant
will ensure that the ditch company has plenty of space to maintain the ditch, as requested in the
referral response.
Bruce Johnson, surrounding property owner, stated he owns property to the east of the site, and
he expressed his concerns regarding the movement of waste materials from the facility onto his
property. He indicated the site was originally a part of his farm, and so far he has not had problems
with waste materials on his site. In response to Commissioner Rademacher, Mr. Johnson
expressed his concern about waste materials leaving the site when the wind blows, and the
possible emission of odors from the oil and gas facility on the site. Commissioner Rademacher
indicated the recycling activities take place within an enclosed structure,therefore, he expects that
Mr. Johnson will experience a very small amount of waste materials blowing from the site onto his
property. In response to Chair Jerke, Ms. Hippely read Development Standard#9 into the record,
which addresses the applicant's responsibility to control waste materials on the site. Chair Jerke
indicated if the applicant does not comply with this standard, a surrounding property owner could
initiate the violation process. Responding to Commissioner Masden,Ms. Hippely indicated she has
not specifically discussed the emission of odors at the site, and she is not sure what type of
offensive odors the recycling business would create at the site. In response to Mr. Johnson,
Ms. Hippely clarified the Oil and Gas Support and Service Facility will be solely utilized for the
storage of equipment related to a fracking company.
Mr. Hollingsworth reiterated all recycling activities will take place within the building,which will help
to control the spread of trash, the Oil and Gas Support and Service Facility will operate as a
dispatch center and service center for trucks, and no additional oil and gas activities will occur at
the site. Responding to Commissioner Long, Mr. Hollingsworth indicated the recycling business
will not utilize disposal bins outside of the building for material drop-off, and materials will only be
collected during business hours.
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In response to Chair Jerke, Mr. Hollingsworth indicated he, and the applicant, have reviewed, and
concur with, the Conditions of Approval and Development Standards.
Ms. Hippely reiterated the recommendation to delete Conditions of Approval #1.A, #1.M,
and #1.O.4, with the necessary re-lettering and re-numeration, and the Board concurred with the
deletions. She further recommended the language previously described for the hours of operation
be added as new Development Standard #5, with the necessary re-numeration, to state, "The
public drop-off of recyclables shall be limited to the hours of 8:00 a.m., to 5:00 p.m., Monday
through Friday." In response to Chair Jerke, Mr. Hollingsworth indicated he concurred with the
proposed language. Responding to Commissioner Garcia, Ms. Hippely indicated the public
vehicles will not drive into the building to drop off materials,therefore, the language could be added
to state that the bins containing the recyclable materials shall be stored within the building. In
response to Chair Jerke, Mr. Hollingsworth clarified the public drop-off of materials is a secondary
use,and the primary use will be for commercial drop-off of materials. He further clarified an on-site
employee will receive and manage any public materials dropped off, and all materials will be
brought inside the building immediately and placed into the proper bins. Further responding to
Chair Jerke, Mr. Hollingsworth clarified the materials are technically unloaded outside of the
building, but are immediately moved inside of the building. Ms. Hippely recommended the addition
of a second sentence to new Development Standard #5, to state, "The bins associated with the
public drop-off of recyclables shall be located inside of the building,"and the Board concurred with
the addition of the second sentence.
Ms. Light recommended the addition of a new Development Standard #9, with the necessary
re-numeration, to state, "The applicant shall adhere to Section Eight of the Colorado Solid Waste
Regulation(6.CCR.1007-2)." Responding to ChairJerke, Mr. Hollingsworth indicated he concurred
with the proposed language, and the Board concurred.
In response to Commissioner Masden, Ms. Hippely indicated the Landscape and Screening Plan
will consist of the plan to screen the adjacent property to the north, and some landscaping along
State Highway 392. She further stated the applicant has proposed to provide screening along the
ditch,from the northwest corner of the agricultural commodity building,to the edge of the property,
which will effectively screen the truck parking, and she indicated the placement of the screening
on the map provided. She stated the Department of Planning Services is satisfied that the
proposed screening is adequate;however,staff is requesting more details regarding what materials
will be utilized for screening and landscaping. Responding to Chair Jerke, Mr. Hollingsworth
indicated the applicant is agreeable to providing screening and landscaping, as indicated on the
provided map.
Commissioner Rademacher indicated he originally had concerns with requiring the applicant to
provide screening; however, since there is a subdivision located to the northwest of the site, it is
appropriate to provide screening. He further stated the screening will also help to keep debris from
leaving the site. He expressed his appreciation to staff and the applicant, and indicated the lack
of opposition from neighbors is positive.
Commissioner Long concurred and questioned whether it would be appropriate to consider the
future plans within the surrounding area in order to provide screening from Mr. Johnson's property;
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however, he understands the Development Standards provide for the necessary mitigation
measures should blowing debris become an issue at the site. Chair Jerke indicated the applicant
must comply with the requirements of the ditch company as well.
Commissioner Long moved to approve the request of Lucerne Commons, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1642 for an Oil and Gas Support and
Service Facility(fracking company),an Agricultural Service Establishment(commodity storage and
drying), and a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (recycling business), 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.A, #1.M, and #1.O.4, with the necessary
re-lettering and re-numeration, and the addition of new Development Standards #5 and #9, with
the necessary re-numeration, as previously described. The motion was seconded by
Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:45 a.m.
This Codification was approved on the 21st day of April, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
a� WELD COUNTY, COLORADO
I_�A 4
ATTEST: �' 7 �� t' �� EXCUSED DATE OF APPROVAL
4 }w-'�` iiamH.. Jerke, Chair
Weld County Clerk to th
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'� IA V Robert M saert; 15ro-Tem
BY: _ (1,1
De. ty Cler 'to the Board ti/L'
ilh m F. rcia
cNL
David E. Long
Dougla Rademac r
2008-1176
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1642 - LUCERNE COMMONS, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/04/2008,
02/19/2008, and 02/05/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff E-mail from CDOT, dated 04/10/2008
F. Planning Staff Letter of Support from PDC, dated
04/07/2008
G. Planning Staff Certification and photo of sign posting
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