HomeMy WebLinkAbout20063315 HEARING CERTIFICATION
DOCKET NO. 2006-86
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1568
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (AN
OFFICE AND STORAGE BUILDING FOR MATERIALS USED BY OIL AND GAS
OPERATIONS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PEDRO SAUCEDO
A public hearing was conducted on December 27,2006, at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny Luna
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December8,2006,and duly published December 13,
2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Pedro
Saucedo for a Site Specific Development Plan and Use by Special Review Permit#1568 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone District(an office and storage building for materials used by oil and gas operations)
in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record,
and advised the applicant's representative, Leland Askeland,Western Engineering Consultants, Inc.,
that he has the option of continuing the matter to a date when the full Board will be present.
However,if he decides to proceed today,it will require three affirmative votes, or in the case of a tie
vote, Commissioner Long will listen to the record and make the determining vote. Mr. Askeland
indicated he would like to proceed today.
Jacqueline Hatch, 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 south of Weld County Road 20 and east of Weld County Road 31. She
stated the Use by Special Review application was submitted to correct an active zoning violation
on the applicant's property located within the Aristocrat Ranchettes Subdivision; however, upon
submittal of the application, staff recommended the applicant relocate the business to a property
not located within a subdivision. She stated the violation will be corrected and dismissed upon
removal of the equipment from the original property. She further stated the applicant has proposed
to place a 80-foot by 100-foot storage building on the site,and the parking of employee vehicles will
be screened by vinyl fencing. She stated the hours of operation are expected to be 7:00 a.m.to 8:00
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p.m., Monday through Saturday, as stated in the application materials. Ms. Hatch stated the
applicant has requested to utilize the existing oil and gas access for access to the property, and
staff is in support of the request. She stated the surrounding properties are primarily agricultural in
nature, and nine referral agencies reviewed the request. In response to Chair Geile, Ms. Hatch
stated six agencies replied with comments that have been addressed in the Conditions of Approval
and Development Standards, including the Weld County Zoning Compliance Officer, Department
of Public Works, Department of Public Health and Environment, Department of Building Inspections,
the Colorado Division of Water Resources,and the Fort Lupton Fire District. She further stated the
Division of Wildlife and Platte Valley Soil Conservation District did not provide a response, and
letters of opposition were received from three surrounding property owners. In response to
Commissioner Jerke,Ms. Hatch stated all equipment will be stored inside the storage building,and
vinyl fencing will be provided to screen the outdoor parking of employee vehicles. Responding to
Chair Geile, Ms. Hatch stated the site is approximately 34 acres in size.
Char Davis, Department of Public Health and Environment, stated the applicant will utilize a septic
system for the residence, storage building, and office, and the permit has been issued; however,
it has not yet been finalized. She stated the site will utilize a commercial well,and staff has received
information from the State verifying a permit to construct the well has been issued. Commissioner
Vaad stated one of the surrounding property owners has concerns with oil contamination of the
ground and water,and questioned whether the applicant will be required to install a trap. Ms. Davis
stated the applicant will not be allowed to install a floor drain since the site will utilize a septic
system, and clarified that the washing of vehicles is not anticipated at the site.
Peter Schei, Department of Public Works, reviewed Development Standards#5,#16,#17,and#18
for the record. He stated the applicant is required to apply dust suppressant on Weld County
Road 20, approximately 300 feet in front of adjacent residents, which is a typical requirement.
Gabriela Ramirez represented the applicant and stated the fencing has been completed on the
property, and the equipment and materials have always been kept very neat and clean.
Jay Pointer, surrounding property owner, stated he is opposed to the application. He stated he
previously bought his property because it was located within a rural setting, and industrial uses do
not belong in a rural setting. He stated the industrial intensity is not compatible with his interpretation
of the Weld County Comprehensive Plan for A(Agricultural) Zoning. He further stated that he is
self-employed; however, to keep the area as a rural residential setting, he leases land off-site to
store his equipment and machinery. Mr. Pointer stated the property owner to the east,
Mr. Bauserman, has received several violation citations by Weld County staff, and the condition of
his property is unsightly due to the large amount of outdoor storage on the site. He stated the
applicant should buy or rent property that is properly zoned for the storage of large equipment, in
order for the area surrounding his residence to remain agricultural in nature. In response to
Commissioner Masden, Mr. Pointer stated his property is approximately five acres in size.
In response to Chair Geile, Ms. Ramirez stated she has reviewed,and concurs with,the Conditions
of Approval and Development Standards as presented. Commissioner Vaad stated Development
Standard#18, regarding the application of dust suppressant chemicals, is not clear. He further
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stated the dust suppressant chemicals should be applied in front of any residences immediately
adjacent to the site, and he does not understand how the 300-foot portion is measured. In response
to Commissioner Vaad,CommissionerJerke stated the customary application of chemicals is done
150 feet on both sides of the access of any surrounding residences along the road. In response to
Chair Geile,Mr.Schei stated the residences adjacent to the Saucedo property,along Weld County
Road 20, should receive 150 feet of dust suppressant to the west and east of their respective
accesses. Following discussion between Commissioner Jerke and Mr. Schei, Mr. Barker
suggested a modification of the first sentence of Development Standard#18 to read as follows: "The
applicant shall apply an adequate dust suppression chemical (magnesium chloride or calcium
chloride) for approximately 300 feet of Weld County Road 20, starting and proceeding west from
the property entrance." Responding to Commissioner Jerke, Mr. Pointer stated the frontage
exposure of his property along Weld County Road 20 is approximately 524 feet. Commissioner
Vaad stated dust abatement chemicals are applied within 300 feet of the residence,to keep the dust
out of the house. In response to Commissioner Vaad, Ms. Ramirez stated she understood that the
applicant would be responsible for a total of 600 feet of dust suppression, and she agreed with the
modification of Development Standard#18. She further clarified the only building on the site will be
the storage building, and all outside vehicles will be screened by the fencing. Mr. Barker stated he
would define exact language for Development Standard #18 to reflect the required 600 feet of
applied dust suppressant chemical. (CLERK'S NOTE: After the hearing, Mr. Barker provided the
modified language for Development Standard #18, marked Exhibit I.)
Commissioner Jerke moved to approve the request of Pedro Saucedo for a Site Specific
Development Plan and Use by Special Review Permit#1568 fora Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District(an office
and storage building for materials used by oil and gas operations) in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the Planning Commission,with
the Conditions of Approval and Development Standards as entered into the record. His motion
included the modification of Development Standard#18. Commissioner Jerke stated his concerns
are resolved with the provision of dust suppression chemicals for surrounding residences. He
stated the applicant will house all equipment within a storage building,and adequate screening will
be provided for the property. The motion was seconded by Commissioner Vaad , and it carried
unanimously. There being no further discussion, the hearing was completed at 10:35 a.m.
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This Certification was approved on the 3rd day of January, 2007.
APPROVED:
BOARD OF NTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: /LEW IE z`
. J. Geile, r
Weld County Clerk to the Bo(
Not �USED
BY: Pyes , g d E. Long, Pro-Tem
J c .' i 7 '`�� tC '/�A_'
Deput Clerk to the Boar /7
• m H. Jerke
TAPE #2006-45
Robert��.,Masden
DOCKET#2006-86 dretsr
Glenn Vaad
Due to a turnover in board members,and lacking a quorum of those present at said meeting, I have
affixed the signatures of past board members to this hearing certification. I hereby certify that this
is a true and correct account of the business cond d at said hearing.
'4
Jennifer na
Deputy I k to the Board
2006-3315
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1568 - PEDRO SAUCEDO
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 08/15/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
10/23/2006
F. Kerr-McGee Letter re: Easement and Right-of-Way
Grant, dated 10/17/2006
G. Applicant Fax re: Hearing Date Request, dated
11/03/2006
H. Planning Staff Certification and Photo of Sign Posting
County Attorney Modified language for Development
Standard #18
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