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Home My WebLink About20221687.tiffHEARING CERTIFICATION DOCKET NO. 2022-47 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0008, FOR OIL AND GAS SUPPORT AND SERVICE FOR ESTABLISHMENTS PRINCIPALLY ENGAGED IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING DIRECTIONAL DRILLING, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN AND JODI WARREN A public hearing was conducted on June 22, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick County Attorney, Bruce Barker Department of Planning Services representative, Maxwell Nader Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated May 17, 2022, and duly published May 20, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Brian and Jodi Warren, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0008, for Oil and Gas Support and Service for establishments principally engaged in serving the oil and gas industry, including directional drilling, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, explaining the business is operated out of a large pole barn on the north side of the property, which includes storage of equipment and vehicles. Mr. Nader explained the active Zoning Violation from operating without first obtaining the necessary permitting. He relayed staff received letters from 13 surrounding property owners (SPOs): three (3) of which were in regard to an access dispute that does not involve the County, one (1) letter had comments regarding the future use of the property and its potential to negatively impact farming, one (1) letter was about the truck traffic on County Road (CR) 43, and there were eight (8) letters of support. He shared the Development Review comments and described the surrounding uses and modification of the request language for clarification purposes. Mr. Nader displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Saine, Mr. Nader displayed the shared access. G C : pi_crp/m4) 1/3o/22 2022-1687 PL2825 HEARING CERTIFICATION - BRIAN AND JODI WARREN (USR22-0008) PAGE 2 Lauren Light, Department of Public Health and Environment, stated the existing residence is served by The North Weld County Water District, the septic system is permitted for five (5) bedrooms, there is a restroom in the shop for employees, and there is no record of a Minor Repair Permit; however, a Condition of Approval (COA) for the Minor Repair Permit is listed. She explained an Engineer Review is necessary for the restroom to ensure it is adequate for the business, which is also listed as a COA. Ms. Light stated portable toilets may be used for the business and the application indicates the location is for storage of equipment and vehicles only, no repairs. She relayed Development Standards (DS) #16-#25 address Environmental Health issues and there are no outstanding items. Tim Naylor, AGPROfessionals, represented the applicant and narrated a PowerPoint presentation (Exhibit G). He reiterated there are currently three (3) employees, who access the site daily to park their personal vehicles and take company trucks to the job site(s), and there are no on -site employees other than the owner/manager, thus Structural Engineers are reviewing the building and will submit findings for a Change of Use Permit. Mr. Naylor explained a drainage update is not necessary, as there have been no changes. He relayed the neighbor to the south has an easement, which is a civil matter. Mr. Naylor reiterated the number of vehicles, hours of operation, and number of employees, and stated the application meets the seven (7) requirements of a USR, is consistent with the Comprehensive Plan, and meets the intent of the A (Agricultural) Zone District. He described surrounding USRs, floodplain, portable toilets, septic system, Nuisance Management Plan, and parking surface, while reiterating access is on CR 43. In response to Commissioner Moreno, Mr. Naylor confirmed the shop had a restroom that was unpermitted and will be re-evaluated to ensure it is suitable for commercial use, and portable toilets will be used until the evaluation is complete. Greg Worrell, surrounding property owner, provided Exhibit D, and explained his thoughts regarding compatibility. Mr. Barker commented upon Exhibit F, which is a copy of the Order regarding the civil suit. In response to Commissioner Saine, Mr. Barker explained the Order states there is access. In response to Chair James, Mr. Worrell relayed several problems, to which Chair James confirmed all access issues are part of the Civil suit and not within the purvue of the Board. Brandon Ferguson, SPO, stated he has lived on his property for approximately eight (8) years, and relayed he believes his property would be most affected by the Use requested. Wayne Alm, SPO, stated he has been approached by both parties, he has no issues with either party, and has entered a letter of support. Melanie Worrell, SPO, discussed the access. ID Tim Naylor further discussed the access location, and requested review of DS #3, #4, and #6. After some discussion, the Board agreed to Strike DS #3 (hours of operation), DS #4 (on -site employees), and DS #6 (repair of equipment). El The Board further discussed the Conditions of Approval and Development Standards in their entirety and Commissioner Moreno requested DS #23 have words "and be screened from public 2022-1687 PL2825 HEARING CERTIFICATION - BRIAN AND JODI WARREN (USR22-0008) PAGE 3 view" added to the end of the paragraph. The Board agreed to all of the aforementioned changes. In response to Chair James, Ms. Light confirmed the A (Agricultural) District' and 'Residential' carry the same noise level standards. =' No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. In response to Chair James, Mr. Naylor indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. In response to Commissioner Saine's request for recusal, Mr. Barker advised recusal cannot occur after the hearing has neared conclusion. Commissioner Freeman moved to approve the request of Brian and Jodi Warren for a Site Specific Development Plan and Use by Special Review Permit, USR22-0008, for Oil and Gas Support and Service for establishments principally engaged in serving the oil and gas industry, including directional drilling, 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 motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:58 a.m. This Certification was approved on the 6th day of July, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da4,0 .444.; EXCUSED DATE OF APPROVAL Scott K. 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