HomeMy WebLinkAbout20191921HEARING CERTIFICATION
DOCKET NO. 2019-52
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0126, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE INCLUDING LOCATION AND OPERATION BASES FOR
BUSINESSES WHOSE PRIMARY ACTIVITY INCLUDES THE FOLLOWING KINDS OF
USES: PARKING AND MAINTENANCE OF EXPLORATION, PRODUCTION OR
WORKOVER EQUIPMENT; EQUIPMENT AND STORAGE YARDS FOR ROAD AND
PIPELINE CONSTRUCTION CONTRACTORS, AND PRODUCTION UNIT SET-UP AND
MAINTENANCE CONTRACTORS; PARKING AND MAINTENANCE FOR TANK AND
WATER SERVICE COMPANIES; STORAGE AND RENTAL YARDS FOR PIPE AND
PRODUCTION EQUIPMENT; FIELD OFFICES USED BY PRODUCTION -RELATED
RECORDS AND MAINTENANCE PERSONNEL; AGRICULTURAL SERVICE.
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS, INCLUDING FERTILIZER STORAGE, MIXING, BLENDING AND SALES; ANY
USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING
STORAGE AND STAGING OF COMMERCIAL VEHICLES, GENERAL CONTRACTOR,
STORAGE, MAINTENANCE, REPAIR OF CONSTRUCTION PRODUCTS AND
EQUIPMENT SALES AND WELDING OPERATIONS); ANY USE OF A RESEARCH,
REPAIRING, MANUFACTURING, FABRICATING, PROCESSING, ASSEMBLING OR
STORAGE NATURE MAY BE CONDUCTED OUTSIDE OF AN ENCLOSED BUILDING,
AREAS FOR PARKING VEHICLES OR EQUIPMENT, AND OUTDOOR STORAGE,
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS AND MORE THAN THE
NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT
OR PARCEL IN THE A (AGRICULTURAL) ZONE DISTRICT - CLIFF SIMPSON
A public hearing was conducted on May 29, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair -
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
f I hereby certify that pursuant to a notice dated March 13, 2019, and duly published
March 20, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
Ct•.PL(KOITO, P)(1+8)%t:Ftfu_)
Oet I IlaI7aILI
2019-1921
PL2660
HEARING CERTIFICATION - CLIFF SIMPSON (USR18-0126)
PAGE 2
of Cliff Simpson, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0126, for Mineral Resource Development Facilities, Oil and Gas Support and Service
including location and operation bases for businesses whose primary activity includes the
following kinds of uses: parking and maintenance of exploration, production or workover
equipment; equipment and storage yards for road and pipeline construction contractors, and
production unit set-up and maintenance contractors; parking and maintenance for tank and water
service companies; storage and rental yards for pipe and production equipment; field offices used
by production -related records and maintenance personnel; Agricultural Service Establishments
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee
or contract basis, including fertilizer storage, mixing, blending and sales; Any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking storage and staging of commercial vehicles, General Contractor, storage,
maintenance, repair of construction products and equipment sales and welding operations); Any
use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature
may be conducted outside of an enclosed building, areas for parking vehicles or equipment, and
outdoor storage, provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions and more
than the number of cargo containers allowed as a Use by Right per legal lot or parcel in the
A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
a Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
mentioned the property is not within a three (3) mile referral area of a municipality, and described
surrounding properties and uses. The Department of Planning Services sent notice to four (4)
surrounding property owners (SPOs) and received no correspondence in return. He explained
they received three (3) phone calls from area residents and described the nature of those calls.
He stated the applicants have their residence in an outbuilding utilized for commercial uses, and
mentioned some of the current and potential uses of the proposed USR. He noted the number of
employees, hours of operation, and number of product deliveries per week. He stated a
commercial building permit will be required for the existing structure and the site has a current
Zoning Violation, ZCV18-00122. He indicated 12 referral agencies reviewed the application,
four (4) offered comments, he entered the favorable recommendation of the Planning
Commission into the record as written, and displayed images of the site and surrounding views.
Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, mentioned there is an existing access on County Road (CR) 45, and
provided daily roundtrips and average speeds. She stated the Department of Public Works (PW)
is requesting an Improvements Agreement and tracking control, and indicated the site meets a
drainage exception.
12 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated a septic system permitted for four (4) bedrooms and a tap from the North
Weld County Water District currently serve the residence. Additionally, she indicated the applicant
is required to put in a commercial septic system for business, and this will need to happen prior
to the recording of the map. She indicated maintenance, washing, and chemical storage will occur
onsite, and Development Standards (DS) #20-32 address Environmental Health (EH) items.
2019-1921
PL2660
HEARING CERTIFICATION - CLIFF SIMPSON (USR18-0126)
PAGE 3
IR. Tony Evans, Encompass, LLC, represented the applicant and explained the applicant is
primarily a farmer, but made the broad USR request in case other business opportunities present
themselves. He requested the Improvements Agreement and Right -of -Way (ROW) survey
requirements be removed from the Conditions of Approval (COA).
a No public testimony was offered concerning this matter.
Mr. Evans reiterated his request to remove the Improvement Agreement and Right -of -Way
survey requirements, and after discussion about traffic count and times of high use, Chair
Kirkmeyer suggested deleting "Improvements and" as well as "for off -site improvements" from
COA #1.F (Improvements and Road Maintenance Agreement). Mr. Evans requested COA #1.1.9
(delineate and label ROW on the site map for CR 45) be deleted, but per Ms. Balzano's
recommendation, the Board agreed only to remove the words "future and". Chair Kirkmeyer
suggested deleting COA #1.B (Screening Plan), adding Dark Sky Policy language to COA #1.C
(Lighting Plan), and deleting COA #1.D (Sign Plan). She confirmed they will leave COA #1.H
(Onsite Wastewater Treatment System) in, per Ms. Light's previous recommendation, and
suggested deleting COA #1.1.5 (screening of outdoor storage, staging, and parking), the "(s)" in
"location(s)" in COA #1.1.10, and COA #1.1.7 (signs delineated on the map). In response to Chair
Kirkmeyer, Mr. Ogle clarified COA #4.C and COA #5.A, and lastly, she suggested deleting COA
#6.A and #6.C. The Board was in agreement with all of the suggested changes.
With regard to the Development Standards, Chair Kirkmeyer suggested adding "up to" to
DS #4 (number of employees), and after discussion on DS #5, regarding the number of
commercial vehicles allowed, the Board agreed to change the number of tandem trucks from two
(2) to four (4), and the number of tractor trailers from 16 to 20. Chair Kirkmeyer suggested deleting
DS #8 (Screening Plan), adding the Dark Sky Policy to DS #10, and deleting DS #11 (number of
roundtrips per day). In DS #16 (Improvements Agreement) and #17 (annual review of
Improvements Agreement) she suggested changing "Improvements"to "Road Maintenance"and
deleting the second sentence of DS #23 (compliance with the Colorado Air Quality Commission's
Air Quality Regulations). She suggested deleting DS #28 (noise standard), DS #39 (state -issued
permits) and DS #40 (non-compliance of state -issued permits).
a No public testimony was offered regarding the changes made to the Conditions of Approval
and Development Standards.
In response tp Chair Kirkmeyer, Mr. Simpson indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
_'a---" Commissioner Moreno moved to approve the request of Cliff Simpson for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0126, for Mineral Resource
Development Facilities, Oil and Gas Support and Service including location and operation bases
for businesses whose primary activity includes the following kinds of uses: parking and
maintenance of exploration, production or workover equipment; equipment and storage yards for
road and pipeline construction contractors, and production unit set-up and maintenance
contractors; parking and maintenance for tank and water service companies; storage and rental
yards for pipe and production equipment; field offices used by production -related records and
2019-1921
PL2660
HEARING CERTIFICATION - CLIFF SIMPSON (USR18-0126)
PAGE 4
maintenance personnel; Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including
fertilizer storage, mixing, blending and sales; Any Use permitted as a Use by Right, Accessory'
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking storage
and staging of commercial vehicles, General Contractor, storage, maintenance, repair of
construction products and equipment sales and welding operations); Any use of a research,
repairing, manufacturing, fabricating, processing, assembling or storage nature may be
conducted outside of an enclosed building, areas for parking vehicles or equipment, and outdoor
storage, provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions and more than
the number of cargo containers allowed as a Use by Right per legal lot or parcel 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 Conway, and it carried unanimously. There being no
further discussion, the hearing was completed at 2:15 p.m.
This Certification was approved on the 3rd day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: r'/. ,vC.
Weld County Clerk to the Board
BY�O�.a.R
Tepputy Clerk to the Board
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Date of signature: Ocolg)0lfl
Steve Moreno
2019-1921
PL2660
ATTENDANCE LIST
pfi'Zq IZOIG
�vri Ile•
NAME
41"��.
i6"nta ♦ t
EASE PL
5 i+.r 1 y�z .�r P�sy�,?.f4�
PRINTI•EGIBLY
s. y }q� „l,T �Mti Y 5
ADDRESS (CITY ST fZIP)COUNTY
'c 'u� CN
OF
RE Sa.,.IDENCE
SPEAKING.
ri(Y/N0
,
/�I^
Ptv
. ,
i llr5 1441Y1W1010(
CoLICehtiaJol, CO SOa3a.
pkjais. hotywmcincipiahtrOSsenerlifipienn
• c#to
..
N
Di �G�/LfQ
39O Von, roenten St
I -+thews,,, Co so 7-2-8
d;c14. searsG44yassenegyfip.c.extet
ise
V
e/beGGo1. Lit -a
6aNgl5"gi to n,,rsnon+ Co 5050y
rebccc_a Licdert sun. ,444- in eso.esL..A
Cy.,
f
et/4 ha M..nrl re-
111C 1✓V\locw) Ciror COllta g Co
on'+
eY1eh{leb/ffiSo'^Gtl -Cor1
p6?vr:lZ
Y
JEFF /ttu., ytLo
370 ✓s44a0,r, Sr L4kCwupOcoBozzc'}
i11 "aiiptceaa r31te. cs-'
Js:�w
V
11 kam Salve,L
37B Ilan &felon SI.4uaaacrd, 01202as
/
aim schaeP 4I(,cra.Jcnv r7Ip
ijcc
N
JDIm._ 5uativo t_
$co V4- Am—CrealtALCO
a
I c ai rvotACOsr�meamte e,
LN�
N
Jac 6.0e-l--Ftnp
2Tovi
31D!/�4NGoRObilvSTr laktw�'co
ua
'aifre.'.1,ikIeQ
j«y.p��++�t.�,l�,4T:e„.��%�.�,,.
W
(11 Sawn&
100 IA Ave. CO 00631
gilled1 ' 1I �eeaweti' w / ma
vote �4e1(n
Evulo ct
(l�.
5kiwin {'C5
3IottriCoepon/ Si-., k6weaorco
4 cw'n.ba{esellki rro.sseni*.con
Jr. r ,son
Nf
too iV1.IA,(.e/-
viz° nµ' 4.c! E{. �ulvea r)
, r � o2OZ
`
-�eJ-$�wl.U2✓1N.w�e.�. Gpbt,�
/'
'f¢I-p.[�S.u�
i.J
Aly/
I le_ e,.._.:till l� a i
r/i4,,eG ea:9C1� /' r�
C'✓/.�
/!,i i 4-. rsa...1i i% 76--,C(6/q/✓,r,'ln1A'(`,/4y'.�'f /
v�/as
,&J
4/
Wnleallrt.ito
V
�y,,�y ,i'
r yf 123
A15,, 11123
avi tia- a
(�,alY�. j�j�liiW("V��C,�v
I n Wee g u
?-&qs3 c!� 8'(0
J J J
Mal
4�
i
oaemai P Gt/c.e6(
,l a 37$ c, f& /(u -E7
let/..226
II!
AirRi,//y( r,,.. 17l
,o0 3 Ric r/J F47oA?Co
wr= cA
A I
v]ey //to
pC /K-rarraren..(3
(J[�. l �4lr•'.%.Fan K W AJP/a1
/GM�(/�a... /�►,
A d�re�/ ,., /y�o1rn0 r/_con
2.Rr. e(
N
/�/
l `o,j--
3° 6''1{``�✓uCkst t 63'I
P�par-\69&tw' s�reca.,, tor,
Uel6
✓v
1a.J
.- rrt., 7n 2i:at.3I
GL%.1�n1�� �/ •
�,L.,.� Cash
%_/e
�`
S� • "hrr J ...r
3a724; t kt-t-Y emir
�
.�s'yo. I r
tSl,.4..z-d& ditt.;A Le.. in_
$kL+wwvl 3mS_
30110 Art,e O(9'3(
c,
f
tale/16 6°WCpnitdStnat,.L,/VI Id )04
/l 1
1 \'.rev c-jyr1'1„-•..tb
).)t- .t.L A.. / ,ep idest
Y\ _7y,\L0 ALt, ce— weel..A
ri
ATTENDANCE LIST
2C1 2,010I _.
2
NAME .L21PLEASE LEGIBLY
ADDRESS(CITY, STATE ZIP) r
EMAIL ,
_ F r
hCOUNTY OF`
.`RESIDENCE
a SPEAKING
' WN
PRINT
De e.A 14; r-i-
15VI eal;- ,:0.s%.,*?gfato
k r4, /voi.to.Cowl
r
V
JD e• of 1Z, s ‘C
G 68, s Ac c o a , L.J .aA4g
w (it -7
mart•& ie1(fotc;o
8'1oN Yates' Or." WO
Min s
v\/
70 G.J Pi -rut())
i i n P. 1
ley ` ev5(A_
1941 6dive.- 609 1, &ter
a`at'eNtsurLta ta-tad- Give
kefd_
it-"
8c ch N,.pos
2oq,o E y2�_^ rt A.r gem
ne,ar
Q. -n- S�1" ?0.V-sFs.,
2.209 1 Th AUF GattEi -630''1
Lap
N
G/d weSont, akykt.4L
avast? etsu6,-e-e/a,?ia63/
Lie /I
!✓
1-141.4 11ZowR2In66
Ztatra 0-d 11 at CO cols
rAtd
0asSoA .1,) 4 X OJ(s
(3745 ('L 114 C co soot
co iI1€sbc40 kaJ. �—
tjt
Y
Al
S-c.as \&\\'�
`&.316_O toy �ae�.te�
Ic:kA\!
W e
1 mv,.
I4l -0 5„o X31
eve -Lo KlI.01-€1,._ �
tt
1l
Y
yy/ua
I 1\ ce rt6rim
-I,AyAz
JIa..O �V'\avttGc_..
.'°'3y /vy�wn3e�.crr c..o�,A1>a..
Ls, (d
1000 L t 2 R c_s__
a.3 i u 1 C__''\_ LL ?c,(I'51.
VC. o5A.C1tQ_ 'N «
WLAvTh
Y
,
Hello