HomeMy WebLinkAbout20062327 HEARING CERTIFICATION
DOCKET NO. 2006-53
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1458 FOR OIL AND GAS SUPPORT AND SERVICES, AND A USE
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF
EXPLOSIVES) IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH
SHANNON/KS ENTERPRISES II, LLC
A public hearing was conducted on August 30, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 11,2006,and duly published August 16,2006,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Kenneth
Shannon/KS Enterprises II,LLC,fora Site Specific Development Plan and Amended Use by Special
Review Permit#1458 for Oil and Gas Support and Services, and a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(storage of explosives) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County
Attorney, made this a matter of record. 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 gave a brief description of the location of the
site, which consists of two parcels connected by the Union Pacific Railroad, and reviewed the
surrounding land uses. Ms.Hatch stated the existing permit is fora Mineral Resource Development
Facility with oil and gas support services, and the applicant is proposing to store less then 600
pounds of DOT Division 1.4 Oil Well perforating charges and 1,500 feet or less of 80 grains/ft
detonating cord on the site in two outdoor Type 2 magazines that measure 8-foot by 8-foot by 8-foot,
two small indoor magazines, and one Day-Box in the warehouse.
Ms.Giauque advised the applicant's representative,Steven Bain,that he has the option of continuing
this 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 Vaad will listen to
the record and make the determining vote. Mr. Bain indicated he would like to proceed today.
2006-2327
L tai, PL1739
(to 49-ozp-OFD
HEARING CERTIFICATION - KENNETH SHANNON/KS ENTERPRISES II, LLC (AMUSR#1458)
PAGE 2
Ms. Hatch proceeded by stating staff received one letter of concern from a surrounding property
owner,and the Conditions of Approval and Development Standards will help ensure compatibility.
She stated 17 referral agencies reviewed the proposal, five responded with no concern, seven
provided comments that have been addressed in the Conditions of Approval and Development
Standards, and staff received no response from Adams County, the City of Brighton, the Union
Pacific Railroad, United Power,or the West Adams Conservation District. Ms. Hatch submitted a
memorandum,marked Exhibit H, requesting change to Development Standard#5 to replace"five
(5)"with"thirty(30)". In response to Commissioner Jerke,Ms.Hatch stated the facility currently has
five employees; however, the applicant is requesting up to 30 employees. She stated there is
adequate parking,and the employees will not be on the site at all times,which was explained in the
application materials that were provided to the referral agencies.
Char Davis, Department of Public Health and Environment, stated the water source will be a
commercial well,and the site will be served bya septic system that is permitted and installed. She
stated Development Standard#17 should be modified to remove the words"Commercial and." She
further stated she has no conditions on the amendment,since all the health issues were met for the
existing use.
Donald Carroll, Department of Public Works, stated the site is clean, the existing accesses are
adequate, there is stormwater retention on the site, and the pond is six feet deep.
In response to Chair Geile,Mr.Bain stated he and the applicant have reviewed and concur with the
Conditions of Approval and Development Standards as proposed and modified. In response to
Commissioner Masden,Mr.Bain stated the storage facilities are approved by the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).
Andy Silva,Excel Services,stated he is currently operating his business at two locations in Sterling
and Fort Morgan,Colorado. He stated he has been in the perforating business for25 years,and all
of the facilities are ATF-approved and inspected annually.
Richard Stutz, surrounding property owner between the two sites, expressed concern with
decreased property values due to all of the industrial and commercial development moving into the
area. There being no further comments, Chair Geile closed public testimony.
Mr.Bain stated the magazine will be located in the northeast corner of the property,which is furthest
from Mr. Stutz's property. He stated they will not be storing explosives, nor detonating them,
therefore,there will be no impact to the land. In response to Commissioner Masden,Mr. Bain stated
he is not aware of any discussions between the applicant or Mr.Stutz regarding the purchase of his
land.
Commissioner Masden moved to approve the request of Kenneth Shannon/KS Enterprises II,LLC,
for a Site Specific Development Plan and Amended Use by Special Review Permit#1458 for Oil and
Gas Support and Services, and a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (storage of explosives) 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
2006-2327
PL1739
HEARING CERTIFICATION - KENNETH SHANNON/KS ENTERPRISES II, LLC (AMUSR#1458)
PAGE 3
record. His motion included amending Development Standard#5 to replace"five(5)"with "thirty
(30)",and modifying Development Standard#17 to state,"This facility shall adhere to the maximum
permissable noise levels allowed in the Industrial Zone District,as delineated in Section 25-12-103,
C.R.S." The motion was seconded by Commissioner Long, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:15 a.m.
This Certification was approved on the 6th day of September 2006.
=-" APPROVED:
BOARD OF OUNTY COMMISSIONERS
iss3 fay__
WELD C TY, COLORADO
ATTEST: �._DA s � 1,./.fi�
"'�"�f O �d�4 4 " : J`Geile, Chair
Weld County Clerk to the B (fi-/ �,,,.:,. \l �� 5
David E. Long, Pro-Tem
BY: \ L? 1 , 'j-t-ci2 GL
Deput lerk to e Board - 1--7 /v'-L._
W' 'am H. Jerke
TAPE #2006-32 \.,
Robert D. Masden
DOCKET#2006-53 EXCUSED
Glenn Vaad
2006-2327
PL1739
EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#1458 - KENNETH SHANNON/KS ENTERPRISES II, 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 08/15/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff E-mail re: Applicant Mailing Information
(dated 08/03/2006)
F. Tom and Ida Sakaki Letter of Opposition dated 08/18/2006
G. Planning Staff Certification and Photo of sign posting
H. Planning Staff Memorandum re: Changes to Draft
Resolution, dated 08/17/2006
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