HomeMy WebLinkAbout20220067.tiffHEARING CERTIFICATION
DOCKET NO. 2022-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0017, FOR OIL AND GAS SUPPORT AND SERVICE PRINCIPALLY ENGAGED
IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING PAINTING OF OIL AND GAS
SEPARATORS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT — JEREMY MARTIN
A public hearing was conducted on January 5, 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
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated November 9, 2021, and duly published
November 12, 2021, in the Greeley Tribune, a public hearing was conducted to consider the
request of Jeremy Martin, for a Site Specific Development Plan and Use by Special Review
Permit, USR21-0017, for Oil and Gas Support and Service principally engaged in serving the oil
and gas industry, including painting of oil and gas separators outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this
a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the 6.44 -acre parcel location. He stated the site is located within the three (3) mile
referral area of the City of Fort Lupton, City of Brighton and Adams County. Adams County, in
their referral dated September 23, 2021, indicated no conflict with their interest, and the City of
Fort Lupton and the City of Brighton did not respond. He described the property and the location
within the City of Brighton's Comprehensive Plan, Future Land Use Map boundary, which
identifies the property as Agricultural and Open Space, and explained the property is not within
the Geologic Hazard Overlay District, Agricultural Heritage Overlay District, Airport Overlay
District, Municipal Separate Storm Sewer Systems (MS4) or a Special Flood Hazard Area. He
relayed Planning Staff finds the applicant is compliant with the City of Brighton's Future Land Use
Map. Mr. Ogle described adjacent lands, surrounding land uses and USRs, and confirmed 11
surrounding property owners (SPOs) were noticed, with one (1) response received, dated
December 6, 2021, from Larry Johnson who raised several concerns. Mr. Ogle stated the
Conditions of Approval (COA) require a Screening Plan be submitted, and there will be two (2)
full-time employees present during delivery of equipment and during painting operations. He
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explained the site's primary use is to paint 48 -inch oil and gas separators, pipe racks, bullet
scrubber, and other oil and gas vessels, he described delivery of the equipment to be painted,
and stated the property will not be used for long-term storage of separators or other oil and gas
equipment. He shared each item to be painted will be steam cleaned to remove incidental dust
using trailer -mounted water tanks and a Hotsy (hot water pressure washer), and the
trailer -mounted water tanks are filled off -site. Mr. Ogle explained the hours of operation, shared
up to 80 gallons of water -based paint will be stored onsite for use in the business operations, and
there are no nuisance noise or odor expected. He said no outside lighting is proposed and
described the anticipated delivery and pick-up of equipment to be painted. He confirmed the
access from County Road (CR) 21, designated on the Weld County Classification map as a local
gravel road, and stated the most current average daily traffic (ADT) counted 115 vehicles per day,
with 20 percent being trucks and the 85th percentile speed is 46 mph. Mr. Ogle stated a Drainage
Narrative has been submitted, and he described the location of the existing access and the
existing improvements. He shared 17 referral agencies reviewed the case, with eight (8) offering
comments, and specific recommendations are listed in the COA and Development Standards
(DS). Mr. Ogle entered the favorable recommendation of the Planning Commission into the record
as written and displayed images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, explaining the existing residence on the site is served by a domestic well and septic
system which was, grandfathered in 2006. She stated a portable toilet and bottled water will be
used for the business and it has been stated that the business cannot utilize the domestic well,
as it is not permitted for commercial use. She explained an Air Pollution Emissions Notice Permit
(APEN) is not required for painting at levels calculated by the applicant; however, if they exceed
the calculations submitted, an APEN may be required. She stated the State requests records be
kept for the business ensuring compliance, and DS #17 addresses air emissions. Ms. Light stated
DS #15 — 23 address Environmental Health items. In response to Chair James, Ms. Light
confirmed the state will request the records for review.
Kelsey Bruxvoort, AGPROfessionals, LLC, represented the applicant and reiterated the
location and size of the site, described other potential items to be painted, and explained painting
will occur one (1) to two (2) times per week. Ms. Bruxvoort confirmed there will be no long-term
storage at the site. She displayed a PowerPoint presentation, marked Exhibit D, and explained
the operation will be consistent with the intent of the A (Agricultural) Zone District. Ms. Bruxvoort
relayed the paint extends the life of the equipment and the site is compatible with existing and
future development. She described the surrounding USRs, and relayed the closest resident is
approximately 1,000 feet north of the operation area, who provided a letter stating he has no
issues with the operation and does not request screening from view. She stated the site is not
located in a floodplain, or geological hazard or airport overlay district. Ms. Bruxvoort further stated
a Professional Engineer evaluated the paint volumes and volatile organic compound (VOC)
emissions and determined the operations will be within acceptable, regulatory limits; therefore,
an APEN filing is not required., although the facility will maintain records to ensure compliance
with APEN filing and emission standards. She relayed a Nuisance Management Plan was
prepared, no outdoor lighting is proposed, and confirmed up to two (2) employee vehicles per day
will access the site. She confirmed the traffic per day for drop-off and pick-up of items.
Ms. Bruxvoort stated she believes the standards for a USR have been met and requests approval
of the application. In response to Commissioner Moreno, Ms. Bruxvoort confirmed the operation
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HEARING CERTIFICATION - JEREMY MARTIN (USR21-0017)
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is proposed to occur during daylight hours, as summer gives a larger window depending on
weather conditions.
No public testimony was offered concerning this matter.
The Board discussed the Conditions of Approval, and in response to Commissioner Freeman,
Mr. Ogle explained the Screening Plan. Ms. Bruxvoort stated she believes the setback will provide
enough screening and requested removal of COA #1.B (screening). In response to Chair James,
Ms. Bruxvoort stated there is no health benefit to screening. Mr. Ogle also requested removal of
COA #1.C.5 regarding screening., and Chair James suggested removal of DS #8 (screening). In
response to Commissioner Moreno, Ms. Bruxvoort requested "daylight hours", and it was decided
to strike DS #3 (hours of operation). Ms. Bruxvoort requested the number of on -site employees
be increased for more flexibility, and Ms. Light confirmed this would not affect health issues. It
was decided to increase the number of employees up to four (4). Ms. Bruxvoort also requested
DS #5 be amended to be up to ten (10) vehicle visitsper week, and Mr. Ogle concurred. Ms.
Bruxvoort requested COA #1.A (address Colorado Division of Water Resources) be changed to
shall "attempt" to address. The Board agreed to all of the aforementioned changes.
No public testimony was offered concerning the amendments to the Conditions of Approval
and Development Standards.
In response to Chair James, Ms. Bruxfort, on behalf of the applicant, indicated they have
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
JR Commissioner Moreno moved to approve the request of Jeremy Martin for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0017, for Oil and Gas Support and
Service principally engaged in serving the oil and gas industry, including painting of oil and gas
separators 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 Saine, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:32 a.m.
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PL2805
HEARING CERTIFICATION - JEREMY MARTIN (USR21-0017)
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This Certification was approved on the 19th day of January, 2022
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Scott K. James, Chair
2022-0067
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