HomeMy WebLinkAbout20042411 HEARING CERTIFICATION
DOCKET NO. 2004-77
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1458
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND
GAS SUPPORT AND SERVICE FACILITY,IN THE A(AGRICULTURAL)ZONE DISTRICT
- KENNETH SHANNON
A public hearing was conducted on September 1, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
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 13,2004,and duly published August 18,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Kenneth
Shannon for a Site Specific Development Plan and Use by Special Review Permit#1458 for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility, in
the A(Agricultural)Zone District. Lee Morrison,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 unfavorable recommendation of the Planning Commission into the record
as written. She stated the site consists of two parcels connected by the Union Pacific Railroad,and
she gave a brief description of the property location. She explained the southern parcel will have
storage compartments,along with outdoor storage,and the northern parcel will have the office and
additional outdoor storage. Ms. Hatch stated the applicants are proposing a 200-foot by 100-foot
structure on the north side of each lot, and she gave a brief description of the surrounding uses.
She stated 15 referral agencies reviewed this proposal,one did not comment,and twelve responded
with comments that have been addressed through the Conditions of Approval and Development
Standards. She further stated staff received no comments from the Division of Wildlife, City of
Brighton,Town of Lochbuie,or Adams County; however,they did receive two letters of opposition
from surrounding property owners regarding the close proximity to homes,drainage,groundwater
contamination,screening,and noise. Ms. Hatch stated the Planning Commission did recommend
denial of this request based on inconsistency with the Fort Lupton Intergovernmental Agreement and
the finding that this is an urban development outside of the Urban Growth Boundary area. In
response to Commissioner Jerke, Ms. Hatch stated this is within the three-mile referral area of the
City of Fort Lupton. Mr. Morrison stated the Urban Growth Boundary is mapped, whereas the
referral area is a three-mile radius from the city limits. Ms. Hatch clarified the subject site is not
within the Urban Growth Boundary Area; however, it is within the three-mile referral area. Mr.
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HEARING CERTIFICATION - KENNETH SHANNON (USR #1458)
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Morrison stated the Board does not have to review this case in relation to the terms of the
Intergovernmental Agreement.
Char Davis, Department of Public Health and Environment,stated each of the proposed buildings
will be required to have a septic system,and there is a Condition of Approval stipulating that the well
must be permitted for commercial use. In response to Chair Masden, Ms. Hatch stated the
buildings will be 200 feet by 100 feet.
Donald Carroll, Department of Public Works, stated the site is located adjacent to Weld County
Road 27,also known as Old Highway 85,which has an average daily traffic count of approximately
4,000 vehicles. Mr. Carroll stated he evaluated the north and south parcels as two separate
locations with two individual access points, and he is requiring the applicant to match up the
accesses with the existing accesses on the west side of Weld County Road 27. The applicant will
need to place the gates far enough from the road to allow room to park while opening the gates to
prevent staging or parking on Weld County Road 27. Mr. Carroll stated the applicant will also be
required to pave both accesses for a distance of 50 feet into the site, with adequate turning
radiuses. He further stated the stormwater drainage ponds on the plat are in the Union Pacific
Railroad right-of-way;however,Condition#1.G states the Railroad Company was opposed to that
use and the issue must be corrected. In response to Commissioner Jerke,Mr.Carroll stated traffic
will need to go north to Weld County Road 6 or south to Weld County Road 2 and then west to
Highway 85. Responding to Commissioner Geile, Mr. Carroll stated his comments and
requirements are based on the application which reflects 15 people will use the site on a daily basis.
He further stated this area is in transition and the requested improvements are consistent with what
has been done at similar properties in the area. Responding to Commissioner Jerke, Mr. Carroll
stated Weld County Road 27 is classified as a collector status road, which requires 80 feet of
right-of-way; however, since it is an old highway there may be 100 feet of right-of-way. He further
stated Condition#1.M.4 requires the applicant to reserve 40 feet of right-of-way on their side of the
section line.
Ken Alles, Alles and Associates, Inc., represented the applicant and referenced a letter dated
June 14, 2004, marked Exhibit E. He stated the letter indicates they no longer intend to use the
Union Pacific Railroad property, the retention ponds will be located on the site, and both of the
entrances will be inset to allow adequate room to park while opening the gates. He displayed an
overhead transparency, marked Exhibit J, and stated the offset distances have been clarified to
address the Planning Commission's comments, and the building on the northern parcel will be
moved to the center of the site. Mr.Alles stated the two parcels are separated by a residential lot,
the detention ponds will be located in the northeast corners of the parcels,and he reviewed the site
design which addresses site distance and better access from the road. He stated this will be an
oil and gas support facility which will be used for storage of pipe and associated equipment. He
stated the Planning Commission expressed concern regarding the septic system for the adjacent
residential property which is partially located on the northern parcel. He stated on June 4,2004,the
applicant sent a letter to the owner of the residential lot,marked Exhibit F,assuring Mr.Stutz access
to the septic system for maintenance. He stated this facility is not dependent on the Union Pacific
Railroad, and the site plan has been redesigned to not use that property. Mr. Alles stated the
applicant has indicated vehicles will go to either the northern or southern parcel and then go to the
work site; there should be minimal traffic between the two sites. He stated due to the size of the
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current operation,both sites will not be developed at the same time. He further stated this property
is in an industrial area, with the exception of a few residences in the near vicinity.
In response to Commissioner Geile, Kenneth Shannon,applicant,stated some pipe will be stored
outdoors. Don Clamps represented the applicant and stated he is proposing privacy screening for
all adjacent property owners;outside storage will consist of pipe and equipment;and the screening
will consist of modern materials that will be well maintained. He further stated the applicant will also
provide screening from Weld County Road 27. In response to Commissioner Jerke, Mr. Shannon
stated the northern parcel is 5.9 acres and the southern parcel is 7.0 acres. In response to Chair
Masden, Mr. Shannon stated this property will be used fora pipeline business and the associated
equipment will be stored outdoors. He stated the buildings will be for maintenance facilities and
storing some fittings,and most times the equipment will be at the work sites. He stated employees
will come to the site, load the pipe,and take it directly to the job site. Responding to Chair Masden,
Ms. Hatch stated the applicant will be required to submit a Waste Handling Plan. Ms. Davis stated
there is also a Condition of Approval requiring the applicant to obtain the appropriate State permits
for above/under ground storage tank facilities. She stated there will not be a floor drain or pit in the
buildings, which indicates this will be a dry facility and the materials will be stored in barrels.
Responding to Chair Masden, Mr. Shannon stated they will likely develop the north end first. Ms.
Hatch stated the Landscaping Plan will need to explain the potential for phased screening prior to
recording the plat. Mr. Shannon stated both properties will be fenced regardless of when they
commence with development.
Richard Stutz, resident between the northern and southern parcels, expressed concern with
industrial uses moving into residential areas and lowering real estate values. He stated he has
received a letter from the applicant assuring him access to the septic system; however, he
expressed opposition to the applicant fencing off his access to the Union Pacific Railroad property
which he uses to access the back of his property. He stated all of the surrounding residences have
shallow wells which may be contaminated by chemicals from the maintenance facilities, and he
requested the applicant not be allowed to fence the right-of-way leading to his well. He stated Weld
County Road 27 is very busy with commuters and it is not an appropriate route for industrial uses
which will create additional traffic hazards. In response to Commissioner Jerke, Mr. Stutz stated
he has not received a purchase offer from the applicant, but he would be very interested in selling
his property.
Mr. Morrison stated the Fort Lupton Planning Commission took the position that this is an urban
development in a non-urban area,which is the area between an Urban Growth Boundary and the
referral area. He clarified that to approve this application, the Board must find it is not an urban
development or that there is no legal way to deny it. He explained this is for a Use by Special
Review Permit in the A(Agricultural)Zone District,and the specified uses have been a historical use
allowed under that zoning. Secondly, he stated urban development is defined as that which
demands urban municipal services,such as central water,road networks,storm drainage,sewer,
parks, etcetera. In response to Chair Masden, Mr. Stutz stated his property is one acre.
Mr.Clamps stated they felt this was a good property for the proposed use because it is surrounded
by so many other industrial uses. He stated staff is requiring 49 parking spaces;however, he stated
that exceeds their needs. Ms. Hatch explained warehouses require one parking space for every
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HEARING CERTIFICATION - KENNETH SHANNON (USR #1458)
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1,000 square feet, plus one space for every three employees, which equals 49 parking spaces.
Commissioner Jerke commented this type of warehouse is different;however, Ms. Hatch stated the
Code does not distinguish between different types of warehouses. Mr. Clamps stated half that
many would be adequate. Commissioner Jerke stated 9 spaces by the office is appropriate, and
he proposed reducing the warehouse parking to 20 spaces. Mr. Clamps stated they are required
to supply a 10-foot utility easement around the entire site; however, he questioned whether the
existing easement on the Union Pacific Railroad property would be adequate on the east. Ms. Hatch
stated the easement area is typically in the setback area, and Mr. Clamps agreed to comply with
the requirement. He referenced Condition#1.M.7,and Mr.Carroll stated the tracking pad should be
50 feet from the existing asphalt into the property. In response to Commissioner Jerke, Mr.Clamps
stated they are aware of the road impact fee to be assessed with the Building Permits. Responding
to Commissioner Geile, Mr. Shannon explained he is going to fence around the septic area to
prevent anyone from parking equipment there, and that may be in Mr. Stutz's line of view when
backing out of his driveway. In response to Chair Masden, Mr. Shannon stated purchasing Mr.
Stutz's property would be a financial burden at this time;however,he would like to incorporate that
area into the operation in the future. Mr.Clamps stated the existing driveway on the north end of the
Stutz property encroaches the subject property by a couple of feet,therefore,the fencing will result
in a narrower driveway for Mr. Stutz. He stated there is adequate room on the south side of Mr.
Stutz's property to access the rear of his property. He further stated the existing outbuildings are
also close to the northern property line. Chair Masden suggested setting the fence back to allow
for the historical access drive to Mr. Stutz's property. Mr. Clamps stated the septic area extends
north beyond the access easement,and he proposed drafting an access easement to mitigate the
concern. Commissioner Jerke proposed making a perpetual easement a Condition of Approval.
Chair Masden commented the access easement already exists by prescription. Mr. Morrison stated
the issue could also be addressed by requiring the access easement to be shown on the plat. Mr.
Carroll referenced an aerial photograph showing a road approximately 50 feet north of the overhead
power lines. Mr. Clamps explained that is an agricultural access for ditch maintenance; however,
Mr.Stutz's comments were referring to his driveway,which is only a few feet over the property line.
Responding to Chair Masden, Mr. Clamps stated they will properly permit the well through the
Colorado Division of Water Resources for any water uses related to the operation. Commissioner
Vaad commented adding language that specifies the applicant will provide access should be
adequate to resolve the neighbor's concern. Mr. Morrison reiterated the issue could also be
resolved by simply showing the area on the plat. Mr. Clamps clarified the area to be shown is the
few feet north of the driveway and not the road that is approximately 50 feet further north.
Responding to Chair Masden,Mr.Clamps stated they have reviewed and concur with the Conditions
of Approval and Development standards. In response to Commissioner Vaad, Ms. Hatch proposed
adding Condition of Approval#1.M.16 to state,"An easement for ingress and egress shall be shown
on the plat consistent with the historical use on the north side of the property owned by Richard A.
and Nancy J. Stutz, 1752 Weld County Road 27, Brighton, Colorado 80601."
Commissioner Vaad found that this proposal is not contrary to the Fort Lupton Intergovernmental
Agreement because it is a non-urban development,it is compatible with the surrounding uses,and
the Conditions of Approval and Development Standards will ensure the protection of the health,
safety, and welfare of the County. Based on those comments, Commissioner Vaad moved to
approve the request of Kenneth Shannon fora Site Specific Development Plan and Use by Special
Review Permit #1458 for a Mineral Resource Development Facility, including an Oil and Gas
2004-2411
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HEARING CERTIFICATION - KENNETH SHANNON (USR #1458)
PAGE 5
Support and Service Facility,in the A(Agricultural)Zone District,with the Conditions of Approval and
Development Standards as entered into the record. His motion also included the addition of
Condition #1.M.16 to state, "An easement for ingress and egress shall be shown on the plat
consistent with the historical use on the north side of the property owned by Richard A.and Nancy J.
Stutz, 1752 Weld County Road 27, Brighton, Colorado 80601." The motion was seconded by
Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing
was completed at 11:35 a.m.
This Certification was approved on the 8th day of September 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEkD COUNTY, CO
' Robert D. Masden, Chair
tit; d �,, Clerk to the oard= y
1861 `''L�
t‘'.;. 1 William H. ke, Pro-Tem
;!e ty Clerk to the Board
M. JYe.e
TAPE #2004-38 f
David Long
. 1
DOCKET#2004-77
Glenn Vaad
2004-2411
PL1739
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1458 - KENNETH SHANNON
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 07/20/2004
and 03/16/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Conditions prior to scheduling,
dated 06/21/2004
F. Applicant Letter to Richard and Nancy Stutz re:
Access, dated 06/04/2004
G. Applicant Two Letters requesting to proceed with
hearing process, dated 07/02/2004 and
06/24/2004
H. Richard and Nancy Stutz Letter of Opposition, dated 08/30/2004
Planning Staff Certification and Photo of sign posting,
submitted 09/01/2004
J. Applicant Overhead Transparency of Site Map,
submitted 09/01/2004
K.
L.
M.
N.
O.
P.
Q.
R.
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF SEPTEMBER, 2004:
DOCKET#2004-74 - FRED AND CAROL LEY
DOCKET#2004-76 - MILDRED MAE SARCHET LLC
DOCKET#2004-77 - KENNETH SHANNON
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