HomeMy WebLinkAbout20242141.tiffHEARING CERTIFICATION
DOCKET NO. 2024-35
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 1 MJUSR24-12-0061, FOR EXPANSION OF AN OIL AND GAS
SUPPORT AND SERVICE FACILITY (PARKING, STAGING AND MAINTENANCE OF
OIL AND GAS TRUCKS AND STORAGE OF PORTABLE TOILETS) IN THE
A (AGRICULTURAL) ZONE DISTRICT — COLORADO PROPERTY HOLDING
COMPANY, LLC
A public hearing was conducted on August 21, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 17, 2024, and duly published July 19,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Colorado
Property Holding Company, LLC, for a Site Specific Development Plan and Major Amended Use
by Special Review Permit, 1MJUSR24-12-0061, for expansion of an Oil and Gas Support and
Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable
toilets) in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this
a matter of record.
. = Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
and described the sign posting and location of the site. She stated 13 referrals were sent
out, 11 were returned with no concerns, and two (2) did not respond. She relayed the applicant
has requested an amendment to expand their operations to include oil and gas support and
service, which will consist of roustabout activities, parking of approximately 140 trucks,
including 25 semi -trucks, five (5) hydro -vac trucks, 70 work pickup trucks and 30 trailers, with
approximately 100 employee vehicles, as well as the outdoor storage of portable toilets. She
explained trucks and oil and gas equipment will be maintained within the two (2) commercial
buildings, one (1) of which is existing and one (1) is proposed. Ms. Aungst described the storage
area of the portable toilets, explaining the amendment includes increasing the number of
employees to 150, with ten (10) being onsite and 140 being offsite, increasing the number of
trucks to 140, and the second shop. She explained since hours of operation are 24/7, employees
will pick up trucks and equipment, and arrival and departure will be staggered. She shared there
is existing landscaping around the residence and along County Road (CR) 42, and additional
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HEARING CERTIFICATION - COLORADO PROPERTY HOLDING COMPANY, LLC
(1 MJUSR24-12-0061)
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screening on CR 49 is a Condition of Approval (COA). Ms. Aungst explained 171 parking spaces
are proposed for the employee vehicles and work trucks, two (2) of which will be ADA compliant,
staff requests the ADA spaces be increased to eight (8), and 35 spaces are proposed for parking
of the hydro -vac trucks and 25 spaces for semi -trucks. She stated the residence and shop are
both currently utilizing a commercial well, Permit #294098; however, the referral comments from
the Division of Water Resources state the well should be re -permitted for use other than drinking
-water and sanitary purposes. She explained the applicant is working with the Central Weld County
Water District and the Division of Water Resources to ensure the water well is properly permitted.
Ms. Aungst disclosed a Probable Cause/Show Cause case is currently pending and this
amendment request is a response to correct the violation. She described surrounding uses,
explained Notice was sent to the five (5) surrounding property owners (SPOs), and no
correspondence was returned. She shared, per the Development Review staff, access is on CR
42, which is designated as a local, gravel road, the latest average daily trips counted 139 vehicles
per day, with 33% trucks, and the 85th percentile speed is not available. She explained the traffic
information submitted indicated approximately 175 daily workday roundtrips and provided the
percentages of directional traffic. She stated an Improvements and Road Maintenance Agreement
was executed and recorded and will be reviewed for updates, if necessary. She also stated a
Preliminary Drainage Report was submitted, a Final Drainage Report with a detention pond
design and a Weld County Certificate of Compliance will be accepted and approved prior to
recording the amended USR map, and a Grading Permit is required. Ms. Aungst entered the
favorable recommendation of the Planning Commission into the record, as written, and displayed
images of the site and surrounding views.
11 Lauren Light, Department of Public Health and Environment, stated the commercial well
serves the site, along with a septic system permitted for seven (7) employees, thus review of the
existing septic system is required. She said portable toilets may be used for employees who are
onsite for two (2) or less consecutive hours per day. She shared a Nuisance and Waste
Management Plan was submitted, both shops should have floor drains, which will be connected
to the vaults, which will be appropriately sized, alarmed and cleaned out with the Hydro -vac
service, as necessary. She stated there will be three (3) fuel storage tanks, which will have to
comply with state regulations and a possible Spill Prevention Control and Countermeasure
(SPCC) Plan, and the applicant shared on -site dust will be contained by watering surfaces as
necessary. Ms. Light shared noise from idling trucks is estimated to be 31.4 db(A), and the site
must comply with a residential noise limit of 55 db(A) during the day, and 50 db(A) at night,
measured at 25 feet from the property line. She explained the department has 17 Development
Standards (DS) to be adhered to, in addition to the original USR DS, and there are no additional
concerns with the request.
Hannah Dutrow, AGPROfessionals, Inc., applicant's representative, indicated they had not
had contact with any of the Commissioners regarding this case.
Hannah Dutrow, AGPROfessionals, represented the applicant, recited history of the company
and narrated a slide show presentation. She stated there are 35 employees, one residence, one
shop building, and several storage and parking areas on the property. She described the original
USR, the proposed amendment, and the proposed screening and lighting. Ms. Dutrow reiterated
the comments given by Planner Aungst.
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No public testimony was offered concerning this matter.
In response to Chair Ross, Ms. Dutrow introduced proposed changes: DS #6 - number of
commercial vehicles does not equate to the number of employees. Ms. Aungst explained this DS
tracks the number of commercial vehicles which are being requested, which information is useful
in determining violations, if any are reported, but it was agreed to strike DS #6 as the amount is
controlled by the size of the site. In regard to DS #7, Derelict Vehicles — Ms. Dutrow explained it
could be reasonably stated there are derelict vehicles due to the maintenance shop. Chair Ross
stated derelict vehicles are always a violation. Ms. Aungst stated commercial vehicles are defined
by the Weld County Code and there are non-commercial junkyards, which allows derelict vehicles,
but does not include commercial vehicles. It was decided to retain DS #7. In regard to DS #8,
roll -off and dumpsters shall not be stored on the site - Ms. Dutrow requested clarifying language
to state, "storage will occur within the designated screened areas, on the site". Ms. Aungst stated
part of the violation is the storage of dumpsters, which she indicated were not a part of the service
provided. Ms. Dutrow relayed there are a handful of dumpsters that are currently stored but will
be relocated. In response to Chair Ross, Ms. Aungst suggested it state: "No permanent storage
of roll -offs and dumpsters shall be allowed on the site," explaining the definition of temporary is
six (6) months. In regard to DS #11, the existing and proposed landscaping and
screening - Ms. Dutrow reiterated there is no water allowed for outdoor watering, thus she
requested the "existing" portion of the statement be stricken. Ms. Aungst explained there is some
landscaping along CR 42, which is natural screening that provides the screening of the
commercial business. She stated leaving the word "existing" would be recommended, as
maintenance purposes is the key request in this instance. Commissioner Freeman requested
clarification concerning a screening plan versus a landscaping plan, and it was decided to remove
"the existing and proposed landscaping". In regard to DS #12, the Board agreed to strike
"landscaping and" and the last two sentences of the paragraph. In regard to DS #26, Noise
Levels - Ms. Dutrow requested a change from residential to commercial or light industrial noise
zone. Ms. Light stated a Noise Modeling Report generally shows how commercial or industrial
noise standards would be met, it is currently permitted as residential, and if stricken, it would fall
under the noise statute for the county, which would be the 50/55, which is the same as the
residential level. Ms. Light stated noise readings are difficult to obtain, especially when the
property fronts a major roadway. The Board agreed to strike DS #26 in its entirety. In regard to
DS #34, permanent, adequate water supply, after discussion, it was decided to add "as
applicable". Ms. Aungst pointed out two other areas of the draft Resolution where "landscaping"
is called out and the Board agreed to remove references to landscaping from COA #1.G and
#1.H.4.
In response to Chair Ross, Ms. Dutrow, on behalf of the applicant, indicated they have
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
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HEARING CERTIFICATION - COLORADO PROPERTY HOLDING COMPANY, LLC
(1 MJUSR24-12-0061)
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Commissioner James moved to approve the request of Colorado Property Holding Company,
LLC, for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR24-12-0061, for expansion of an Oil and Gas Support and Service facility (parking,
staging and maintenance of oil and gas trucks and storage of portable toilets) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards, as amended. The
motion was seconded by Commissioner Buck, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 4th day of September, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.COLORADO
ATTEST:
Weld County Clerk to the Board C4ettaffiBY: '
Deputy Clerk to the Board
Lori Saine
2024-2141
PL2202
ATTENDANCE LIST
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