HomeMy WebLinkAbout20111368.tiff HEARING CERTIFICATION
DOCKET NO. 2011-30
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1075 FOR OPEN PIT MINING AND MATERIALS PROCESSING (SAND,
GRAVEL AND STONE), AN ASPHALT AND CONCRETE BATCH PLANT, FOR AN OIL
FIELD BUSINESS, MORE SPECIFICALLY DEFINED AS AN OIL AND GAS SUPPORT
AND SERVICE FACILITY - PIPELINE AND ROUST-A-BOUT; AND A PRIVATE
COMMERCIAL RECREATIONAL FACILITY (WATER SKIING LAKE AND PRIMITIVE
CAMPSITE FOR WATER SKIING MEMBERS), IN THE A (AGRICULTURAL) ZONE
DISTRICT- R.M. HINER CONSTRUCTION COMPANY, INC.
A public hearing was conducted on May 25, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, EXCUSED
Commissioner Sean P. Conway, EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long, Acting Chair Pro-Tern
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representatives, Don Carroll and Clay Kimmi
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011,
in the Fort Lupton Press, a public hearing was conducted to consider the request of R.M.
Construction Company, Inc., c/o Jim Arnold, for a Site Specific Development Plan and Amended
Use by Special Review Permit #1075 for Open Pit Mining and Materials Processing (sand,
gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more
specifically defined as an Oil and Gas Support and Service Facility— Pipeline and Roust-a-bout;
and a private commercial recreational facility (water skiing lake and primitive campsite for water
skiing members), along with commercial hunting (hunting on a fee basis) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record.
Acting Chair Pro-Tem Long stated all references to hunting have been excluded from the
application and advised the applicant's representative, Melanie Foslien of KBN Engineers, the
applicant has the option of continuing this matter to a date when the full Board will be present.
However, if the applicant decides to proceed today, it will require three (3) affirmative votes, or
the matter will be denied. Ms. Foslien indicated the applicant would like to proceed today as
planned.
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Kim Ogle, 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.
Mr. Ogle stated the subject property is located south of and adjacent to County Road 641"O"
Street; east of and adjacent to 25th Avenue. The site is not located within an Intergovernmental
Agreement Area (IGA), but is within the three-mile referral area for the City of Greeley. Mr. Ogle
stated the referral response from the City of Greeley, dated April 26, 2011, indicated the
proposed use is within the City's Urban Growth Boundary and is immediately adjacent to the
Municipal City limits. The City is concerned about how the application relates to the City of
Greeley's 2060 Comprehensive Plan, Land Use, Section LU8A7, relating to the river corridor,
and recommended the applicant contact the Colorado Division of Wildlife (CDOW) regarding the
proposed hunting activities. He added that staff sent a referral to the CDOW and did not receive
a response. Mr. Ogle added that the City is also concerned with the proposal as it relates to the
City's Comprehensive Plan, Environment, Section EN1A2, which states, "Uses should maintain
and enhance the Poudre River Trail and Corridor for natural resource and habitat preservation,
as well as for educational use and enjoyment by the public in an appropriate manner." The
referral from the City further stated, "The applicant should note that the prevailing uses along
the Poudre Trail are non-motorized in nature; accordingly, motorized boating activities are not
consistent uses and, could damage sensitive shore lines." Mr. Ogle stated the applicant has
utilized the site since 1995, and is seeking to increase the number of recreational camping sites
from six (6) to thirty-eight (38). He described the surrounding land uses and stated the
Department of Public Works is requiring access to the facility from North 23rd Avenue, which is
maintained by the City of Greeley, and is west of and adjacent to the Platte Valley Juvenile
Facility. Mr. Ogle stated no phone calls or letters were received regarding this application;
however, sixteen (16) referral agencies reviewed the proposal; eight (8) responded with
comments, and some with specific conditions. He stated the applicant is currently in violation
with the Department of Building Inspection, since there are several structures on the site without
the appropriate building permits, including docs, patio decks, and canopies for overhead
structures. Mr. Ogle further stated all references to commercial hunting or hunting on a fee
basis have been removed from the application, including Development Standard #47. He
added staff has proposed the modification of Development Standard #46 to, "Hours of operation
for the water skiers shall be from sunrise to sunset, from April 1st, through September 30th, of
any given year." He also indicated Development Standards #32 and #48 are the same and
suggested #48 be removed and renumber as appropriate.
Don Carroll, Department of Public Works, stated staff has worked with the applicant to resolve
the Department's concerns. Mr. Carroll stated staff has recommended the main access for the
facility will be located off County Road 64/"O" Street, west of the Platte Valley Juvenile Facility;
the road is paved and maintained by the City of Greeley. He indicated that secondary access to
the site is adjacent to the Weld County Medical Clinic and this access point will only be used for
emergency access only; there will be no access to the site via the Espanola Subdivision, and no
additional accesses will be granted. Mr. Carroll recommended deleting Development
Standards#31 and #50 from the Resolution. He added the applicant is still mining and
transporting material from the site, and the new application is requesting the addition of an
asphalt and concrete batch plant. Mr. Carroll stated the proposed campsites are shown on the
plat as being located outside of the floodplain and staff needs to ensure that no campsites or
overnight parking will be located in the floodplain or the floodway, and portable boat docks must
be anchored down due to the possibility for flooding.
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Clay Kimmi, Department of Public Works, stated the applicant has moved all of the campsites
from the floodplain, since Recreational Vehicles (RVs) are potential hazards for a loss of life and
plugging, should the RVs be swept downstream and caught under a bridge. Mr. Kimmi
indicated that in order for the County to be compliant with FEMA Regulations, flood hazard
permits are needed for any of the boat docks to ensure they are adequately anchored. He
suggested Development Standard #28 be modified to, "There shall be no campsites or
overnight parking located between the Cache La Poudre River and the lakes, unless the
applicant provides proof of acceptance by FEMA of a Letter of Map Revision (LOMR) showing
the areas are located outside of the 100-Year Floodplain." The Board concurred with this
modification.
In response to Commissioner Garcia, Mr. Kimmi stated there is potential for erosion issues
between the subject property and the County property; however, there have not been any to
date. He stated there is approximately forty (40) to fifty (50) feet between the campsites and the
access road to the jail, and if there are any issues with erosion, the subject property would be
affected before the County's property. Mr. Kimmi stated mining on the property started in the
eighties (80's) and Acting Chair Pro-Tem Long stated any erosion would have occurred already.
In response to Commissioner Garcia, Mr. Ogle stated that Russian Olives are considered
noxious weeds in Development Standard #32.
Mary Evett, Department of Public Health and Environment, stated the water to the site is
provided by the North Weld County Water District (NWCWD) and the use of public toilets for the
recreational facility was approved per USR-1075 in 1995. She stated there are three (3)
existing septic permits for the property which include one (1) for a three (3) bedroom modular
home, the second for a two (2) bedroom home and office, and the third for a two (2) bedroom
mobile home and office. Ms. Evett indicated restrooms must be available for employee use,
and if one of the existing septic systems is to be utilized for employees, it must be evaluated by
a Colorado Registered Engineer, and portable toilets and bottled water may be utilized at the
working face of the mine. She further stated the applicant still needs to provide a variety of
different permits and plans and Development Standards #3 through #25 address environmental
health items consistent with these operations.
Ms. Foslien clarified the address for the facility is actually 2220 "O" Street, Greeley,
Colorado 80634. Ms. Foslien stated the employees are welcome to utilize the restroom and
hand washing facilities located at the headquarters for the mining operations, which is located
approximately one-half mile east of the site. She also asked if the Board would consider
allowing recreational use on the property, prior to the recording of the plat and meeting the
Conditions of Approval and Development Standards. Ms. Foslien asked for clarification of
Development Standard #10 and whether the applicant is responsible for providing restrooms
and hand washing facilities for the mining operations, as well. In response to Acting Chair
Pro-Tern Long, she stated the portable restrooms will be for the patrons of the campsites;
however, there are currently no restroom facilities for the employees on the site.
Sharon Hiner, property owner, stated Richardson Consolidated is conducting the mining at the
site and the company's headquarters are located approximately one-half mile from the facility.
Ms. Hiner added the employees do not work at the site eight (8) hours per day; rather, they
arrive at the site, load the truck and leave the facility. In response to Acting Chair
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Pro-Tern Long, Ms. Hiner stated this is a historical use and it will continue to be in the future.
Commissioner Rademacher stated he is in conflict with Development Standards #10 and #14.
In response to Commissioner Rademacher, Ms. Foslien reiterated the permanent water supply
is for the existing residential buildings at the site. In response to Acting Chair Pro-Tern Long,
Mr. Ogle stated this application is inclusive of all the uses in the original application and the
amendment is only for the recreational component of increasing the number of campsites from
six (6) to thirty-two (32). In response to Commissioner Rademacher, Ms. Hiner stated the
employees have access to the restroom facilities on the site, if needed; however, they typically
do not. After further discussion, the Board agreed to strike Development Standard #10 and
amend #14 to clarify it is only for the permanent residences and any employees.
In regard to the applicant's request to operate prior to the recording of the plat, Mr. Ogle stated
normally staff requires the USR plat to be recorded before allowing the use on the property to
occur. Mr. Ogle stated staff is concerned about the existing structures on the site related to the
recreational use, including the docks and temporary structures. These items were constructed
without building permits and staff would like for them to be permitted and engineered. In
response to Acting Chair Pro-Tern Long, Mr. Ogle stated staff would also like for the canopies
on the site to be anchored, as well, to prevent them from floating downstream in case of a flood.
Mr. Kimmi stated according to FEMA Floodplain Regulations, anything that has the ability to
float downstream, needs to be anchored to the site. He stated that the boats are usually
anchored or tied to the docks; however, the docks are not currently anchored into the bank to
prevent them from being swept downstream, in case of a flood. Mr. Kimmi added that KBN
Engineering recently provided drawings of the "proposed" anchors for the docks and the
Department of Building Inspection has indicated concern about several sheds and other larger
structures on the site that may require a building permit. In response to
Commissioner Rademacher, Mr. Kimmi stated users of the facility have been water skiing at the
lake since 1995, and have been out of compliance since that time.
No public testimony was offered concerning this matter. Commissioner Rademacher
recommended the deletion of Conditional of Approval #1.H from the Resolution regarding
delineating the location of the hunting blinds and arrays. He stated he is in agreement with
allowing the applicant to continue water skiing at the site and move forward with building
permits, and if the County finds something out of compliance, they will address it. In response
to Acting Chair Pro-Tem Long, Mr. Kimmi stated the County is responsible for following FEMA's
guidelines and regulations.
Commissioner Garcia recommended the Board provide a time limit for the applicant to obtain
the appropriate building permits at the site. Acting Chair Pro-Tem Long suggested
Development Standard #29 be amended to, "Prior to the commencement of the 2012 season,
portable boat docks must be anchored, per engineered design. A Flood Hazard Development
Permit (FHDP) must be obtained prior to the installation of the boat docks," and the Board
concurred.
Mr. Kimmi stated, from the floodplain perspective, the boat docks are located within
the 100-Year Floodplain Boundary; however, the sheds/other structures are not. Mr. Ogle
stated since the sheds and other structures are larger than 120 square feet, they require
building permits. He referred to Condition of Approval #5, which indicates the applicant has
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acknowledged the concerns specific to active building permit violations and will provide written
evidence they will be taken care of.
Commissioner Rademacher suggested the addition of "shall attempt" to Condition of
Approval #9. Mr. Ogle clarified the City of Greeley requested a thirty (30) day notice to the
County Sheriff's Office and the Greeley Police Department that there will be active hunting on
the site. He stated there was also concern about the stockpiling of materials in the Poudre
River Floodway and Floodplain.
In response to Acting Chair Pro-Tem Long, Mr. Ogle stated the applicant is requesting to store
boats, and structures, etcetera, on the premises, behind the two (2) residences to the west of
the lake property. After further discussion the Board concurred to remove "temporary docks,
shelters, portable fire pits, picnic tables, duck blinds and decoys" from Development
Standard #53.
Commissioner Rademacher suggested the deletion of Development Standard #60.
Commissioner Garcia inquired whether the County would have any way to address erosion
control if this Development Standard is deleted. Mr. Kimmi stated the County might not be able
to come back to the applicant, but it would be a civil matter. Mr. Barker stated this is a good
requirement to have; however, the degradation or erosion of the lake banks that causes water to
spill over into the County's lakes, or any other lakes, would be a civil matter. He added it is not
in the applicant's best interest to allow this to happen and if it does, getting rid of the USR will
not do anything; however, it will allow the County to go to court to enforce or remedy the
damages. Mr. Ogle stated Development Standard #60 was on the original USR. After further
discussion the Board concurred to delete#60 and #63.
Responding to Acting Chair Pro-Tem Long, Ms. Foslien stated she has reviewed, and concurs
with, the Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Garcia moved to approve the request of R.M. Construction Company, Inc., c/o
Jim Arnold for a Site Specific Development Plan and Amended Use by Special Review
Permit#1075 for Open Pit Mining and Materials Processing (sand, gravel and stone), an
Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil
and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial
recreational facility (water skiing lake and primitive campsite for water skiing members) 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 entered
into the record. His motion also included removing all references to "hunting on a fee basis"
from the application, deleting Condition of Approval #1.H, modifying Condition of Approval #9 by
replacing "shall address" with "shall attempt to address," deleting Development Standard #10,
modifying Development Standard #14 to state, "A permanent, adequate, water supply shall be
provided for drinking and sanitary purposes for employees to access and permanent
residences,"modifying Development Standard #28 to, "There shall be no campsites or overnight
parking located between the Cache La Poudre River and the lakes, unless the applicant
provides proof of acceptance by FEMA of a Letter of Map Revision (LOMR) showing the areas
are located outside of the 100-Year Floodplain,"modifying Development Standard #29 to, "Prior
to the commencement of the 2012 season, portable boat docks must be anchored, per an
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engineered design, and a Flood Hazard Development Permit(FHDP) must be obtained prior to
the installation of the boat docks," deleting Development Standard #31, modifying Development
Standard #46 by replacing "September 15th of any given year" with "September 30th of any
given year," removing Development Standards #47, #48 and #50, modifying Development
Standard #53 to state, "All boats, campers and similar recreational equipment owned by
members and guests of the Hiner Lakes Recreational Club, shall be removed from the premises
or stored in an approved, screened on-site storage area at the end of each season," and
deleting Development Standards#60 and #63. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 12:06 p.m.
This Certification was approved on the 1st day of June, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �
►' c��_ E �` EXCUSED
1' ,++'•' i1 Barbara Kirkmeyer, Chair
Weld County Clerk to th ::�;: ■`�" `*
�" EXCUSED
BY: f 01(4/� r � , is 4, Sean P./ y, Pro-Tem
Deputy Clerk to the Ba`ar:�`� �` ,:./ C.
- William F. Garda
j
David E. Long, Ac 'ng Char Pro-Tem
L o gl s Radem cher
2011-13641
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1075 - R.M. HINER CONSTRUCTION COMPANY, INC.,
c/o Jim Arnold
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated May 3, 2011)
D. Kim Ogle E-mail with Updated Request, dated May 23, 2011
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