HomeMy WebLinkAbout20153200.tiff HEARING CERTIFICATION
DOCKET NO. 2015-94
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0033, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (PARKING AND STORAGE OF HOT OIL
TRUCKS AND RELATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT
-JOSH PEARSON
A public hearing was conducted on October 14, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Mike Freeman, Pro-Tem
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, Jennifer Petrik
Health Department representative, Lauren Light
Building Official representative, Jose Gonzalez
The following business was transacted:
• I hereby certify that pursuant to a notice dated August 28, 2015, and duly published
September 2, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Josh Pearson, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0033, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (parking and storage of hot oil trucks and related equipment) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
• Chair Pro-Tern Freeman advised Sheri Lockman, Lockman Land Consulting, LLC,
representing the applicant, that, since Chair Kirkmeyer was not able to be present, it will require
three affirmative votes to approve the matter.
O Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the intent is provide an oil and gas service business to include parking
seven (7) hot-oil trucks, six (6) employee personal vehicles, equipment and tank storage, and
on-site fuel storage. He described the daily operations, normal business hours, and the request
for no restrictions to the hours of operation given the nature of the oil and gas industry and the
demands for services at all hours. Mr. Gathman stated this application is in response to a Zoning
Violation, ZCV15-00032, regarding the operation and storage of commercial vehicles without
proper Zoning Permits. Mr. Gathman explained there are two existing single family residences in
close proximity along with adjacent properties currently used for agriculture production. He
clarified the applicant is proposing to screen the site from the nearest residences. Mr. Gathman
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reported the site is located within the three (3) mile referral area of the Town of Gilcrest which did
not return a referral response. He displayed images and entered the favorable recommendation
of the Planning Commission into the record as written. In response to Commissioner Conway, Mr.
Gathman stated staff has not received any correspondence from the nearest neighbors.
la Jennifer Petrik, Planning Services Engineer representative, provided a brief overview of the
transportation plans and requirements and the relevant roads and access points. She defined the
average daily traffic counts and stated the travel routes and directional percentages as proposed
by the applicant. Ms. Petrik clarified there is road base on the surfaces, no changes to the
imperviousness of the site, no Improvements Agreement is required, and based on the updated
drainage code, the applicant is exempt. She stated a grading permit is not required because the
site will not be altered and she reviewed the recommended Development Standards. In response
to Commissioner Cozad, Ms. Petrik stated the accesses are pre-existing and are acceptable as
long as they are not causing a safety hazard. In response to Commissioner Moreno, Ms. Petrik
verified the traffic counts were the most recent on record.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the house on-site is not associated with the business but is located within the
boundaries of the USR and is served by septic and the Central Weld Water District. She clarified
that for the business, it is acceptable to use portable toilets for the drivers and, because there is
fuel storage on-site, the applicant must comply with the State Regulations. She reviewed the
typical Development Standards relative to Environmental Health and stated there were no issues
with the application.
• Ms. Lockman represented the applicant and stated the two long-time, adjacent neighbors
submitted letters stating no concerns with the business. She clarified the accesses were already
in place. Ms. Lockman stated the County map needs corrections to the property line, and the
setbacks are adequate.
El No public testimony was offered concerning this matter.
El In response to Commissioner Conway, Mr. Gathman and Ms. Lockman pointed out the
surrounding property owners in agreement with the operation. Both submitted letters of
acquiescence.
• Josh Pearson, applicant, stated in response to Commissioner Cozad that his office space
is off-site. In response to Commissioner Moreno, Ms. Lockman clarified the nature of the business
demands the hours of operation not be restricted.
el In response to Commissioner Cozad, Jose Gonzalez, Building Inspection representative,
stated the reason for the Change of Use is because there is no permanent record for the shed
on-site and the fuel tanks require permitting as well. He explained what is inspected and used to
determine the information and requirements. Ms. Light interjected that the fuel tanks must be
registered with the State and the State also looks for secondary containment. Ms. Lockman
clarified the applicant leases the tanks through Hill Petroleum and he has contacted them asking
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for the permits. Lastly, in response to Commissioner Cozad, Ms. Petrik reiterated the tracking
control measures and defined the requirements for triggers related to the necessity for an
Improvements Agreement, which would not be necessary based on the low traffic impact.
In response to Commissioner Cozad, Mr. Pearson stated he is not aware of any tracking
problems and they already have gravel on the access roads. Ms. Petrik interjected that the site
meets the requirements, therefore, no improvements are necessary.
CI Commissioner Cozad suggested a correction to the language on Development Standard
(DS) #10. Mr. Gathman recommended deleting Conditions of Approval (COA) #1.C.4 and #1.C.7
because the requirements have been met.
In response to Chair Pro-Tem Freeman, Mr. Pearson indicated he has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Conway moved to approve the request of Josh Pearson, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0033, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (parking and storage of hot
oil trucks and related equipment) 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
Cozad, and it carried unanimously. There being no further discussion, the
by CommissionerCo a
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hearing was completed at 10:31 a.m.
This Certification was approved on the 19th day of October, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: [� �,�,/ EXCUSED
,d4o•ti Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
n _ Mike Freeman, Pro-Tem
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ad� can P. Conway
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