HomeMy WebLinkAbout20142879.tiff HEARING CERTIFICATION
DOCKET NO. 2014-68
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0032, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE
A (AGRICULTURAL) ZONE DISTRICT- DAVID BASHOR
A public hearing was conducted on September 24, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated July 24, 2014, and duly published July 29,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of David
Bashor, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0032,
for a Mineral Resource Development Facility, including an Oil and Gas Support and Service
Facility (water depot) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
▪ Chair Rademacher advised Sheri Lockman, Lockman Land Consulting, LLC, representing
the applicant, that she had the option of continuing this matter to a date with the full Board,
since Commissioners Kirkmeyer and Conway were not able to be present. If she decides to
proceed today, it will require a unanimous approval or be deemed denied. Ms. Lockman
indicated they would like to proceed today.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He showed pictures and aerial and facility layout maps, and said the site is in
a rather remote area. He stated there will be an estimated 30 round-truck trips per day, with
24/7 operations, and he reviewed the haul route. He noted the main comments in Grover's
referral pertained to traffic, and the nearest land owner is 1.5 miles west of the site.
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El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He stated the site is south of Grover on CR (CR) 89 (a local gravel
road); the last traffic count was in 2009, at 20 vehicles, and there is an approved access. Water
loaded trucks leaving the site will go south on CR 89, then take CR 110 to CR 390. Staff is
requesting an Improvements and Road Maintenance Agreement.
IEJ Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said portable toilets are fine (Development Standard #11), and Condition
of Approval #7 may be deleted, as there will be no septic system. The waste handling plan asks
drivers to take trash with them, and not all the drivers will be the applicant's employees;
therefore, at the Planning Commission meeting it was decided to add Condition of Approval
#6.A: "A sign shall be posted stating: No disposal of wastes is allowed."
e Mr. Gathman elaborated on the Town of Grover's referral response, stating their second
concern was depletion of their water supply and their ability to sell water.
e Ms. Lockman explained this is a water load-out facility which is run somewhat like a gas
station, and there are very few homes along the proposed haul route. Mr. Carroll confirmed an
official haul route will be established. In response to Chair Rademacher's question, Ms.
Lockman said most of their customers are to the south. Chair Rademacher said trucks should
be allowed to go any direction for service via the shortest route, and Ms. Lockman confirmed the
applicant would like to see the haul route restrictions removed.
El No public testimony was offered concerning this matter.
Condition of Approval #7 was removed by consent of the Board, and Commissioner
Freeman confirmed a haul route seems unnecessary. Condition of Approval #1.C. was
discussed in terms of the dust control and the haul route requirements. Chair Rademacher
requested dust control and the haul route be removed. Mr. Carroll confirmed the agreement
should only cover damage to the road. El Mike Livengood, Senior Foreman, Department of
Public Works, reviewed the roads in the area; after discussion, a consensus was reached that
one mile in both directions from the facility on CR 89 would be adequate for the purposes of the
Improvements and Road Maintenance Agreement. He explained that without a haul route it
becomes more difficult to access compensation for road damages. E Commissioner
Freeman said these are based on traffic, and he is concerned the applicants may end up paying
for another company's traffic; and, in addition, seven miles is a long way to look at road
damages. El Commissioner Garcia added that nothing prevents the applicant from being a
good neighbor if someone complains, and, if dust control is needed for 30 trucks, the applicant
can address that without a requirement. There was further discussion regarding dust control,
and it was noted that a future Board could require the applicant to provide dust control because
of that Condition of Approval. Ms. Lockman noted that, due to her conversations with owners of
all the properties on CR 89, she does not foresee houses being built in this area. In response to
being asked how staff knows damage is being done, Mr. Carroll said there are usually obvious
soft spots at the entrance of a facility. Ms. Lockman said as long as 'proportional share' is
included, the applicant is fine with whatever the Board decides. Mr. Yatabe said the best way to
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move forward is to give direction to staff, but to leave the conditions in for the future. Therefore,
it was concluded that the reference to dust control will stay in the Resolution, but staff is directed
to use common sense.
IR In response to Chair Rademacher, Ms. Lockman indicated she and the applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
El Commissioner Freeman moved to approve Site Specific Development Plan and Use by
Special Review Permit, USR14-0032, for a Mineral Resource Development Facility, including an
Oil and Gas Support and Service Facility (water depot) 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 Garcia, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 29th day of September, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
R�TTEST: thiliwt, �C vdo�� Dbilglas Rademac r,Cha X10 (jrl
Weld County Clerk to the Board
EXCUSED
oases` Barbara Kirkmeyer, Pro-Tem
BY. ar. ! - I ! 1 '(lust1 _t.\ � . /
D, silty Clerk to the Boar', " t XCUSED
f'':an P. Conway
1‘ 1 • ike Fr
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Wi lam F. Garcia
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