HomeMy WebLinkAbout20091115.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL #1.I
FOR USE BY SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on January 28, 2009, by Resolution #2009-0197, the Board of County
Commissioners approved the application of JLW Investments, LLC, 351 Glencoe Street, Denver,
Colorado 80220, for a Site Specific Development Plan and Use by Special Review Permit #1679
for an Oil and Gas Support Facility (Class II - oilfield waste disposal facility) in the A (Agricultural)
Zone District on the following described real estate, to -wit:
Lot B of Recorded Exemption #748; being part of the
NE1/4 of Section 18, Township 6 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners is in receipt of a request to review
Condition of Approval #1.1 for Use by Special Review Permit #1679, submitted by Jesse White,
Manager, JLW Investments, LLC, and
WHEREAS, on May 11, 2009, the Board of County Commissioners reviewed the
Department of Planning Services staff comments and heard the testimony presented, and
WHEREAS, the Board of County Commissioners finds that the applicant's method of
complying with Condition of Approval #1.1, by utilizing the existing earthen berm on the site as
adequate screening, is acceptable and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the applicant's method of complying with Condition of Approval #1.1 for Use
by Special Review Permit #1679, be, and hereby is, found to be acceptable and reasonable.
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2009-1115
PL2000
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RECONSIDER CONDITION OF APPROVAL #1.1 (USR-1679) - JLW INVESTMENTS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of May, A.D., 2009.
ATTEST:
Wel_ ounty Clerk to the
BY
AP
ounty Attorney
Date of signature.
BOARD OF COUNTY COMMISSIONERS
WELD CO NT RADO
illiam F. Garcia, Chair
l C <G tvfz C� �N
Dougl c Radema. er, Pro-Tem
Sean P. Conway
Davi
2009-1115
PL2000
lik
COLORADO
MEMORANDUM
TO: Board of County Commissioners
FROM: Chris Gathman — Planner III
SUBJECT: Request to remove condition of approval 1.1— USR-1679
Application: USR-1679
Legal Description: Lot B of RE -748, located in part of the NE4 of Section 18, T6N, R63W of the 6th P.M.
Location: North of and adjacent to State Highway 392 and approximately 1/4 mile East of County Road 61
Background: On January 28, 2009 the Board of County Commissioners approved USR-1679 for a "A Site
Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield
Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural) Zone District."
The Department of Planning Services recommended and the Planning Commission subsequently attached a
Condition of Approval to address screening of the site from residential properties within the platted townsite of
Barnesville located approximately 500-600 feet to the west/southwest of the site. The intention of this condition
was to provide additional screening beyond the 10 -foot berm that had already been installed along the western
portion of the USR-1679 site.
USR-1679 was approved with the following condition of approval (Condition of Approval 1.1): "The applicant
shall submit a Landscape and Screening Plan to the Department of Planning Services for review and
approval. The Landscape Plan shall address screening of the facility from the residences to the south and
west of the site."
To this date no objections have been received from neighboring property owners re: the
screening/landscaping of this property.
Request: Jesse White on behalf of JLW Investment LLC has requested that condition 1.1 be removed as a
condition of approval for USR-1679. Mr. White contends that the previously installed berm provides
adequate screening to the west and that no additional landscaping needs to be required.
Pictures of the berm along with the tanks and outbuildings associated with USR-1679 are attached.
2009-1115
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Weld County Planning Department
GREET FY DFFICF
MAY nf2nn4
RECEIVED
May 4, 2009
The Weld County Board of County Commissioners
915 10th St.
Greeley, CO 80632
RE: Use by Special Review — 1679 Resolution
Condition of Approval 1.I
Dear Commissioners:
351 Glencoe Street
Denver, CO 80220
303.349.7586 mobile
303.975.6480 facsimile
Regarding the above captioned matter I am writing as requested by the Weld County
Department of Planning Services, more specifically a request made by Mr. Chris Gathman, AICP,
Planner III.
Through various courses of correspondence, mainly e-mail's, with the Planning Department and
Commissioner Long I have addressed the issue of screening the Apollo 15-18 I Waste Water Facility as
stipulated under Weld County Use by Special Review ("USR") Resolution 1679 condition of approval 1.I.
For your convenience said condition of approval reads verbatim as follows:
"The applicant shall submit a Screening Plan to the Department of Planning Services, for review
and approval. The plan shall address screening of the facility from the residences to the south
and west of the site. If the Screening Plan includes landscaping, an Irrigation Plan shall be
submitted with the Screening Plan, outlining the source of irrigation and an irrigation schedule
for the landscaping to be installed on the site.
JLW Investment, L.L.C. ("JLW") has submitted to the Weld County Department of Planning
Services information documenting the facility is screened from to the south by mature, established well
maintained trees, and to the west by a 435' long x 10' tall earthen berm; Planning Department
personnel have also visually verified the same. Considering the circumstances and on site conditions
JLW has screened the facility in this manner and has requested such be considered acceptable as said
condition of approval does not stipulate in which manner the facility be screened only that it must be
screened. Research of the current Weld County Code by JLW contract engineers suggests these
screening methods are acceptable. As such JLW respectfully requests condition of approval 1.I. be
considered meet or removed from USR 1679.
If you have any questions feel free to contact me at 303.830.0888 x 203 during normal business
hours or at 303.349.7586 anytime; I can also be reached via e-mail at iwhiteaapollooperatine.com.
Regards,
JLW INVESTMENT, L.L.C.
Jesse L. White, CPL, Manager
cc. Department of Planning Services
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