HomeMy WebLinkAbout20042341 HEARING CERTIFICATION
DOCKET NO. 2004-76
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1480
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND
GAS SUPPORT AND SERVICE FACILITY,IN THE A(AGRICULTURAL)ZONE DISTRICT
- MILDRED MAE SARCHET, LLC
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 Mildred Mae
Sarchet, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1480 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 favorable recommendation of the Planning Commission into the record
as written. Ms. Hatch gave a brief description of the surrounding land uses and the location of the
site,which is 77.7 acres; however,only 1.5 acres will be covered under this Use by Special Review
Permit. She stated 11 referral agencies reviewed this proposal, two did not comment, and five
provided comments that have been addressed in the Conditions of Approval and Development
Standards. She further stated staff received no comments from the Town of Firestone, Platte Valley
Fire Protection District, or the two ditch companies,and a letter of opposition was received from a
surrounding property owner expressing concern regarding incompatibility, noise, and traffic.
Char Davis, Department of Public Health and Environment, stated the septic system is permitted
for residential uses;however,since there will be employees using the restroom facility in the rental
house, the system will need to be upgraded to allow commercial uses, which will require an
engineer's evaluation. She stated the applicant is in the process of changing the well classification.
2004-2341
PL1738
HEARING CERTIFICATION - MILDRED MAE SARCHET, LLC (USR#1480)
PAGE 2
Donald Carroll, Department of Public Works,stated Weld County Road 28 is a collector status road,
with an average daily traffic count of 500 vehicles. He stated the site has a circle drive,and staff is
requesting the applicant use the east end as the primary access and install a 50-foot tracking pad
to prevent material from being deposited onto the paved County road.
Robert Sarchet, represented the applicant and stated Mark Brown is the tenant who rented the
house and developed the business after moving in. Mr.Sarchet stated he is the property manager
and he is trying to cooperate with the tenant to permit the operation rather than terminating the rental
agreement. He stated they are in the process of upgrading the well and septic system, and he
clarified the work is done off-site, so the operation does not generate much traffic. In response to
Commissioner Geile, Mr. Sarchet stated they were approved for a Recorded Exemption on 1.7
acres of the site,and the remainder is still in agricultural production. Ms. Hatch explained this Use
by Special Review Permit will only cover 1.5 acres of the 77-acre site. She explained the property
owner is in the process of doing another Recorded Exemption on another portion of the property,
and while staff was doing a field check,this operation was discovered. Mr. Morrison explained the
Weld County Code does not require an exact survey for a Use by Special Review boundary
because the permit does not create a separate parcel. He stated notes on an aerial photograph or
a drawing are sufficient to designate the permit boundary when a full lot is not being used for the
permitted use. Mr.Sarchet stated this site is used primarily for parking,they will not be constructing
any new structures, and if the tenant leaves or the use ceases, the only change will be a
commercial well on the site.
No public testimony was offered concerning this matter. In response to Chair Masden, Mr.Sarchet
stated he has reviewed and concurs with the Conditions of Approval and Development Standards
as proposed. In response to Commissioner Geile,Ms. Hatch confirmed the Planning Commission
did recommend approval of this request.
Commissioner Vaad moved to approve the request of Mildred Mae Sarchet, LLC,for a Site Specific
Development Plan and Use by Special Review Permit#1480 for a Mineral Resource Development
Facility,including an Oil and Gas Support and Service 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 CommissionerJerke,and it carried unanimously. There being no further discussion,
the hearing was completed at 10:35 a.m.
2004-2341
PL1738
HEARING CERTIFICATION - MILDRED MAE SARCHET, LLC (USR#1480)
PAGE 3
This Certification was approved on the 8th day of September 2004.
APPROVED:
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Robert D. Masden, Chair
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William H. J ke, Pro-Tern
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TAPE#2004-38
David . Long
DOCKET#2004-76
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2004-2341
PL1738
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1480 - MILDRED MAE SARCHET, 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 07/20/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Applicant's letter addressing
Conditions prior to scheduling, dated
07/26/2004
F. Planning Staff Certification and Photo of sign posting,
submitted 09/01/2004
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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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