HomeMy WebLinkAbout20153042.tiff HEARING CERTIFICATION
DOCKET NO. 2015-87
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0029, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY(OUTDOOR STORAGE OF OUT
OF SERVICE VEHICLES AND STORAGE UNITS ASSOCIATED WITH AN OIL FIELD
SERVICE COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - KIMZEY
CASING SERVICE, LLC
A public hearing was conducted on September 23, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 14, 2015, and duly published
August 19, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Kimzey Casing Service, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0029, for a Mineral Resource Development Facility, including an Oil and Gas
Support and Service Facility (outdoor storage of out of service vehicles, storage units and man
camp structures associated with an oil field service company) in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
Chair Pro-Tem Freeman advised Robert Fullop, applicant, that, since Commissioner
Kirkmeyer was not able to be present, it will require three affirmative votes, or in the case of a tie
vote, Commissioner Kirkmeyer will listen to the record and make the determining vote.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and suggested the language "man camp structures"be deleted from the title description
due to the temporary nature of storage until these items can go to auction. He clarified the USR
application is a result of a Zoning Violation, ZCV14-00246. Mr. Gathman described the site
location, surrounding uses and nearest residences and pointed out the elevation differences
which provides some natural visual screening. He stated staff received one (1) letter of opposition
from a surrounding property owner listing concerns with trash and human waste being dumped
on the property, suggested this Use should be in an Industrial area, and requested if it is approved,
to require outdoor vehicle storage be enclosed completely and weeds be removed. Mr. Gathman
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clarified there is a noise limit in place and based on responses, there is a screening requirement
regarding the storage area as a Condition of Approval. He reported there is a dumpster on-site
for waste. Staff sent out 12 referrals and responses were either not returned or indicated no
conflicts. He stated the site is in the three (3) mile referral area of the Town of Kersey, but not in
the Intergovernmental Agreement Cooperative Area; however, no referral response was received
from the Town of Kersey. Mr. Gathman entered the favorable recommendation of the Planning
Commission into the record as written and reported that the applicant stated at Planning
Commission that if screening is required, he will screen with a 6-foot cedar fence. Mr. Gathman
displayed images of the site.
U. Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements and stated the most recent average daily traffic count
on County Road (CR) 51 was 105 vehicles with 27%trucks. He provided the estimated daily traffic
for the site is two (2) passenger vehicles per day and the potential for one truck trip per month.
He stated an Access Permit was granted, AP#15-00217, and no Improvements Agreement nor
Drainage Study would be required.
la Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the site is currently served by the Central Weld County Water District and the
septic on-site is adequately sized to accommodate six (6) people, which exceeds the number of
people that will be at the site. She reported no concerns. In response to Commissioner Conway,
Ms. Light responded the dumpster should accommodate any trash concerns.
Mr. Fullop, applicant, explained the history of the company and admitted being unaware that
the company owned this parcel. He further explained the scope of the business and the
consequential cleanup of the property. He stated there is a family moving to the site and will be
responsible for the maintenance and security of the property. Mr. Fullop clarified there is
equipment on the site but most of it is being sent to auction, including the man camps. He also
explained he had looked at fencing options and decided on a cedar fence for durability.
la No public testimony was offered concerning this matter.
El In response to Commissioner Conway, Mr. Gathman stated the surrounding property owner
that complained was not at the Planning Commission hearing. Further in response to
Commissioner Conway, Mr. Fullop stated he had driven to the home twice and left business cards
and received no response. In response to Commissioner Cozad, Mr. Fullop reported they have a
service that mows the weeds once a month and he explained the extensive repairs needed to the
home and property that they have performed. Mr. Fullop pointed out the equipment in the pictures
that has either gone to auction or will go to auction. Commissioner Conway clarified the possibility
of leaving the language regarding the man camp structures in the description for the applicant's
protection from violation until they can be auctioned off. Mr. Barker interjected the temporary
nature of the situation lends to the removal from the description but perhaps some additional
language would be helpful. Commissioner Cozad concurred regarding defining the temporary
nature of these structures as on-site for 30-days or less, because they are going to auction as
soon as possible. Commissioner Conway suggested it be added as a Development Standard
(DS), rather than in the description. Chair Pro-Tern Freeman stipulated a 60-day time limit may
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better suit the applicant. After further discussion, the Board agreed to insert language provided
by Mr. Gathman as a new DS #5, to read: "Unoccupied man-camp structures on the site shall be
stored for a period not to exceed sixty (60) days."
El In response to Chair Pro-Tern Freeman, Mr. Fullop indicated he has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
ei Commissioner Conway made a motion to amend the Resolution to accept staff
recommendation to delete from the title, "man-camp structures."Commissioner Cozad seconded
the amendment to the Resolution. The motion carried unanimously.
Commissioner Conway made a motion to accept the language provided by staff to amend
the Resolution and add the new Development Standard#5 and renumber accordingly. The motion
was seconded by Commissioner Cozad and carried unanimously.
Commissioner Conway moved to approve the request of Kimzey Casing Service, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0029, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (outdoor
storage of out of service vehicles, and storage units associated with an oil field service company)
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
and entered into the record. The motion was seconded by Commissioner Moreno, and it carried
unanimously. Commissioner Cozad stated her appreciation for the applicant being present and
getting the property cleaned up and further encouraged him to continue to be a good neighbor.
Commissioner Conway concurred and added his thanks to the applicant for improving the area.
Commissioner Moreno expressed his appreciation. There being no further discussion, the hearing
was completed at 10:37 a.m.
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This Certification was approved on the 28th day of September, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddedfitiv
C ;4 EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
.0C/ Mice Freeman, Pro-Tem
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