HomeMy WebLinkAbout20241195.tiffHEARING CERTIFICATION
DOCKET NO. 2024-22
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0003, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING
A 3,750 -SQUARE -FOOT STORAGE AND EQUIPMENT MAINTENANCE BUILDING
FOR COMPANY VEHICLES ONLY, SCREENED OUTDOOR STORAGE OF COMPANY
VEHICLES, COMPANY EQUIPMENT AND MATERIALS ASSOCIATED WITH OIL AND
GAS OPERATIONS AND ONE DOUBLE WALLED FUELING STATION, OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - HUTTON FAMILY TRUST, C/O K -LA CONSTRUCTION, LLC
A public hearing was conducted on May 22, 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, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Ryan Fernandez
The following business was transacted:
—�-- I hereby certify that pursuant to a notice dated April 17, 2024, and duly published April 19,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Hutton Family Trust, c/o K -La Construction, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR24-0003, for Oil and Gas Support and Service, including
a 3,750 -square -foot storage and equipment maintenance building for company vehicles only,
screened outdoor storage of company vehicles, company equipment and materials associated
with oil and gas operations and one double walled fueling station, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney,
made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
provided the general location of the site. He relayed the site is within the Coordinated Planning
Agreement (CPA) area of the Town of Ault, which did not send a referral response, and stated
the subject site is outside of the town boundary, the Primary Growth Boundary and the Town of
Ault's Planning Area, according to their Future Development Use Plan Map. He described the
surrounding USRs, mentioned notice was sent to 18 surrounding property owners (SPOs), and
relayed no correspondence was received regarding the application. Mr. Ogle stated the applicants
own the business on the site, which he described for the record, and relayed the residence on the
site will not be used for office space and will not be occupied. He provided the hours of operation,
number of employees, and shared, per the Development Review staff, there is an existing,
cc: PL(£R/KW/DA/KRIP- )
07/30124
2024-1195
PL2913
HEARING CERTIFICATION - HUTTON FAMILY TRUST, C/O K -LA CONSTRUCTION, LLC
(USR24-0003)
PAGE 2
permitted, residential access onto County Road (CR) 86. He relayed the applicant will be required
to obtain a new Commercial Access Permit to upgrade the access to commercial standards, and
provided traffic data for CR 86. He stated Development Review is requesting a Road Maintenance
Agreement, the site meets an exception to stormwater detention, mentioned 13 referral agencies
reviewed the case, and three (3) offered comments. Mr. Ogle entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views.
El Ryan Fernandez, Department of Public Health and Environment, stated the existing
residence is served by the North Weld County Water District and a septic system, permitted for
three (3) bedrooms. He relayed portable toilets will be utilized for on -site employees, a new drain
and vault are to be installed in the existing, large out -building, and there will be one (1) fuel storage
tank onsite.
IR Bob Choate, Attorney with Coan, Payton and Payne, LLC, represented the applicant,
displayed an image of the site, and described the existing structures and surrounding properties.
He relayed the applicant had spoken to the adjacent property owner, who had no concerns
regarding the operation, and confirmed the application did stem from a Zoning Violation.
Mr. Choate explained the services the business provides, stated the applicant applied for an
Access Permit, which is pending, and relayed the main building is an agricultural out -building,
which will be upgraded to commercial Building Code standards. He relayed the existing residence
is in great condition, confirmed it will not be used for the business, but requested the applicant be
allowed to occasionally sleep in the house, if necessary.
IR No public testimony was offered concerning this matter.
Mr. Ogle confirmed there is not a Development Standard (DS) that prohibits use of the
residence, as a residence. Commissioner Freeman suggested the Board delete DS #4 (hours of
operation) and the Board agreed.
El No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
In response to Chair Ross, Mr. Choate indicated, on behalf of the applicant, they had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
IR Commissioner James moved to approve the request of Hutton Family Trust,
do K -La Construction, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR24-0003, for Oil and Gas Support and Service, including a 3,750 -square -foot storage
and equipment maintenance building for company vehicles only, screened outdoor storage of
company vehicles, company equipment and materials associated with oil and gas operations and
one double walled fueling station, outside of subdivisions and historic townsites 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
2024-1195
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HEARING CERTIFICATION - HUTTON FAMILY TRUST, C/O K -LA CONSTRUCTION, LLC
(USR24-0003)
PAGE 3
motion was seconded by Commissioner Saine, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:39 a.m.
This Certification was approved on the 5th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, o ORADO
ATTEST:
Weld County Clerk to the Board cr
BY.
Deputy Clerk to the Bo
Kevir1D. Ross, Chair
Lori Saine
Perry L. B �% , Pro-Tem
t --
Mike Freeman
Sc6tt PC. James
2024-1195
PL2913
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