HomeMy WebLinkAbout20021200.tiff HEARING CERTIFICATION
DOCKET NO. 2002-24
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1375
FOR A USE PERMITTED AS A USE BY RIGHT IN THE INDUSTRIAL ZONE DISTRICT
(23,000 SQUARE-FOOT CONTRACTOR'S OFFICE AND SHOP FACILITY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - JAMES TERRY
A public hearing was conducted on April 24, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 5, 2002, and duly published April 10, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of James Terry for a Site Specific Development Plan and Use by Special
Review Permit#1375 for a use permitted as a Use by Right in the Industrial Zone District (23,000
square-foot contractor's office and shop facility)in the A(Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Lauren Light, 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. Ms. Light stated James Terry currently
owns this property; however, David Nelson, Nelson Pipeline Constructors, has the property under
contract to purchase. She stated the pipeline company installs underground utilities,such as water
and sewer lines, the office will be 7,000 square feet in size, and the company will employ
approximately 15 people. Ms. Light stated the shop will be 13,000 square feet in size, and employ
approximately ten people. She further stated that although the company employs up to 200 people,
most go directly to the work sites. She gave a brief description of the location of the parcel, which
is approximately 64 acres in size, and added the Use by Special Review Permit will only
encompass 12 acres of the parcel,with the remainder utilized as farmground. Ms. Light stated the
site is accessed by an access easement from State Highway 52. Condition of Approval #1.D
requires the submittal of an amended Recorded Exemption, which will allow this property to have
55 feet of frontage onto State Highway 52 and amend the existing access agreement. Ms. Light
stated Condition of Approval #1.E requires the submittal of an access permit from the Colorado
Department of Transportation (CDOT),and a traffic study has been submitted to CDOT. Ms. Light
gave a brief description of the surrounding property uses, and stated Mr. Terry owns the home
located directly south of this site. She stated Nelson Pipeline has the first option to buy if Mr. Terry
decides to sell that site. Ms. Light stated the storage area will be screened with opaque fencing
CC; FL, Ht co) ptc) 2002-1200
PL1590
HEARING CERTIFICATION - JAMES TERRY (USR #1375)
PAGE 2
and a majority of the property will remain in agricultural production. Ms. Light stated due to the
commercial aspects of the facility, staff did review this proposal in accordance with the
requirements of a Site Plan Review regarding landscaping, signage, parking, lighting, circulation,
trash enclosure, and outside storage areas. She stated the site layout was revised to address the
concerns of Kerr-McGee regarding an additional access to the well head. She further stated 14
referral agencies reviewed this proposal, two indicated no conflict, seven agencies included
comments which have been addressed in the Conditions of Approval and Development Standards,
and five agencies did not respond. Ms. Light stated the request from the City of Fort Lupton
regarding landscaping will be addressed through Condition of Approval#1.C,and the request from
the Fort Lupton Fire Protection District to review a full set of building plans is addressed under
Condition of Approval #10.
In response to Commissioner Jerke, Don Carroll, Department of Public Works, stated the main
access to the site is from State Highway 52, and the applicant was referred to CDOT for any
improvements. Mr. Carroll stated he did review the access for safety and drainage issues;
however, he did rely heavily on the comments from CDOT. Responding to Commissioner Geile,
Mr. Carroll stated Condition of Approval#4.A requires the applicant to place a Stop sign at the exit,
which is a standard requirement for any commercial site which accesses a State Highway. Mr.
Carroll concurred with Commissioner Masden's comments that there is a hill on Weld County
Road 23 and the line of site is much better in the flat area to the west as proposed by the applicant.
Dana Leavitt, Jim Sell Design, stated the applicant originally proposed a fence line which ran to the
south of an existing gas well operated by Kerr-McGee. However, they have since expanded the
fence line to encompass the 12 acres of the building envelope. He further stated they have also
furnished Kerr-McGee with a second access to provide 24-hour access to the well site, as required
by the Conditions of Approval. Mr. Leavitt stated a traffic study was done on the existing access,
as well as working with CDOT, to ensure there is adequate turning radiuses and sight distance.
In response to Commissioner Masden, Mr. Leavitt stated at the request of Kerr-McGee nothing can
be stored within 75 feet of the wellhead, and no facilities will be allowed within 150 feet. He further
stated the new facilities will not be allowed within 300 feet of the tank batteries. Responding further
to Commissioner Masden, Mr. Morrison explained the Colorado Oil and Gas Commission
regulations do not address movable objects within the setbacks.
No public testimony was offered concerning this matter. In response to Chair Vaad, Mr. Leavitt
stated he and the applicant have reviewed and agree with the Conditions of Approval and
Development Standards.
Commissioner Jerke moved to approve the request of James Terry for a Site Specific Development
Plan and Use by Special Review Permit #1375 for a use permitted as a Use by Right in the
Industrial Zone District (23,000 square-foot contractor's office and shop facility) 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. The motion was seconded by Commissioner Long, and it carried unanimously. There
being no further discussion, the hearing was completed at 12:45 p.m.
2002-1200
PL1590
HEARING CERTIFICATION - JAMES TERRY (USR#1375)
PAGE 3
This Certification was approved on the 29th day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �. ��
'��`% 42)\ GI Vaad, Chair
County Clerk to tha:o. �^ ) �1 17
t 1861 ��. _, 4 , c, 1.
l� David E. L g, Pro-T
BY: /.�_ . 4 ,-• . .G� j
Deputy Clerk to the : [TT; 271 4.(,4/
fr
M. J. Geile
TAPE #2002-15 G1,1
ian H. JRrke
DOCKET#2002-24
Robert D. Masden
2002-1200
PL1590
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1375 - JAMES TERRY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/16/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
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