HomeMy WebLinkAbout20212571.tiffHEARING CERTIFICATION
DOCKET NO. 2021-53
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND THIRD MINOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 3MUSR21-95-1075, FOR OPEN PIT MINING AND
MATERIALS PROCESSING (SAND GRAVEL AND STONE), AN ASPHALT AND
CONCRETE BATCH PLANT, 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) TO ADD ONE (1) ADDITIONAL 4,800 SQUARE -FOOT COMMERCIAL
BUILDING FOR MAINTENANCE AND STORAGE OF PIPELINE MATERIALS AND
EQUIPMENT, TO ADD AN ADDITIONAL 25 PARKING SPACES FOR RV STORAGE
NEAR CAMP LAKE, TO ADD 12 CAMPING SPOTS AROUND CAMP LAKE, TO ALLOW
OVERNIGHT CAMPING ALONG THE SOUTH LAKE, AND TO ALLOW CAMPING IN
THE FLOODPLAIN, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - R.M. HINER CONSTRUCTION COMPANY,
INC.
A public hearing was conducted on September 1, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro -Tern
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
la I hereby certify that pursuant to a notice dated August 18, 2021, and duly published
August 20, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request
of R.M. Hiner Construction Company, Inc., for a Site Specific Development Plan and Third Minor
Amended Use by Special Review Permit, 3MUSR21-95-1075, for Open Pit Mining and Materials
Processing (sand gravel and stone), an asphalt and concrete batch plant, 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) to add one (1) additional
4,800 square -foot commercial building for maintenance and storage of pipeline materials and
equipment, to add an additional 25 parking spaces for RV storage near Camp Lake, to add 12
camping spots around Camp Lake, to allow overnight camping along the South Lake, and to allow
camping in the floodplain, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
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le Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site and relayed 18 referrals were sent out with 11 agencies
responding. She stated the original USR-1075, was approved in 1995, the First Amendment,
AMUSR-1075, was approved in 2011, and the Second Amendment, 2MUSR19-1075, was
approved in 2019. She explained the applicant requested changes to the Development Notes and
some of the Development Standards (DS), indicated Staff recommends the Development Notes
be included as DS and explained the primary change with this application is to allow camping in
the floodplain. She reviewed each of the applicant's requested changes, provided Staff's
recommendation regarding each proposed change, described the surrounding properties and
relayed notice was sent to 57 surrounding property owners. She stated the Department of
Planning Services is recommending approval of the application with the Conditions of Approval
and DS, as proposed, and displayed images of the site and surrounding views. In response to
Chair Moreno, Ms. Aungst confirmed there are some campsites in the floodplain on the northern
edge of the property and along Camp Lake.
E Mike Bare, lease holder of the water ski operations, represented the applicant and stated the
applicant had proposed to leave the campers and support trailers on member's campsites,
opposed to moving them to the designated storage, asserting that would be an easier and more
organized way to store them. He added the applicant would be willing to anchor the
campers/trailers, per Federal Emergency Management Agency (FEMA) standards, and members
will not be allowed to use the campsites in the off season. Regarding Development Note (DN) #8
(DS #29) — (portable toilets and trash containers) he stated Staff's recommended language of "All
portable toilets and trash containers shall be located outside of the floodplain/floodway" is not
achievable as Camp Lake is entirely in the floodplain. He asserted, in order for the trash
containers and toilets to be adequately available, and for service purposes, they would have to
be in the floodplain, but he did offer to anchor the portable toilets to the ground using T -posts.
Regarding DN #10 (DS #31) — (campers, RVs, boats and trailers in the floodplain) he requested
Staff's recommendation of the language, "so long as they are constantly manned", be removed
and responding to Commissioner Saine, Ms. Aungst provided clarification on what "constantly
manned" means. In response to Ms. Aungst's explanation, Mr. Bare stated members leave their
campers onsite when they go home in the evening and Commissioner Freeman shared his
understanding of the purpose of the campsites. With regard to DN #16 (DS #36) — (number of
people allowed at each campsite) Mr. Bare relayed the applicant would prefer 14, o..osed to 12,
and noted it is unlikely members would have that many people at their campsite. Regarding
DS #10 (screening of portable toilets), he stated the Espanola Subdivision has the only
surrounding residential properties, indicated the campsites cannot be seen from there, and
relayed he did not believe the language was necessary. With regard to DS #37 (number of units
allowed at each campsite), he stated the proposed eight (8) unit limit would help avoid congestion.
Regarding DS #69 (storage of boats/campers/recreational equipment), Mr. Bare stated the
applicant would prefer members be able to store their equipment on -site, at the individual
campsites. With regard to DS #71 (outdoor storage restricted to the areas delineated on the
approved 3MUSR map), he stated he needs confirmation from Staff on where the approved areas
are. Regarding DS #73 (RV storage shall be located outside of the floodway and floodplain), he
requested the language include "boat" and "support trailer", in addition to RV. With regard to DS
#77.e (size of deck permitted at campsites), he requested a deck dimension of 30'x50', opposed
to 10'x20', requested the words "patio" and "paver patios" be added, and stated there are four (4)
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- R.M. HINER CONSTRUCTION COMPANY, INC.
or five (5) existing, patios (poured and pavers), noting the Weld County Building Department gave
him verbal permission to install said patios without Building Permits, and he doesn't think they
realized the sites were in the floodplain. Lastly, Mr. Bare requested clarification as to whether they
are being held to the standards of the approved, certified floodplain map, or the new, proposed
floodplain map.
Herman Ybarra, surrounding property owner, stated he lives west of 25th Avenue and there
has been no communication about additional mining from the applicant. He expressed concern
about health issues related to dust from the site and Commissioner Freeman clarified the purpose
of the amended application is for additional campsites and was not related to the mining
operations. Mr. Ybarra relayed he had no concerns with additional camping sites.
e Ms. Aungst suggested adding "Lot B of RE -1807; being part of" to the legal description,
explained floatable materials are not allowed in the floodplain; therefore, trash containers and
portable toilets should be outside of the floodplain. Mr. Choate relayed some of the applicant's
requests were against FEMA regulations, which the Board cannot override. In response to
Commissioner Freeman, Ms. Aungst stated a portable toilet can be placed in the floodplain if it is
raised, anchored and has a Floodplain Permit. Answering Mr. Bare's earlier question regarding
which floodplain map standards they are being held to, Ms. Aungst relayed Staff will be using
"best available data°, on the new, proposed map and in response to Commissioner James, she
stated DS #49 addresses FEMA's requirements. Commissioner Freeman suggested removing
the last sentence of DS #29, but per Mr. Choate's recommendation, the Board agreed to only
strike the word "floodplain". Responding to Mr. Choate, Ms. Aungst clarified a Floodplain Permit
can be issued for a portable toilet and confirmed multiple requests (toilets) can be combined into
one (1) Permit. The Board discussed DS #31 (equipment allowed in the floodplain during non -
daylight hours), agreed to strike "so long as they are constantly manned" from the last sentence
and in response to Mr. Bare, Ms. Aungst explained the requirements for anchoring in the
floodplain, citing Section 23-11-360.H of the Weld County Code. Responding to Commissioner
Buck, Ms. Aungst explained the difference between a mobile home and an RV, asserting an RV
is viewed as more of a vehicle since it has tires, and relayed they can be in the floodplain, but
they need to be elevated and anchored. Mr. Bare indicated the applicant is going to develop an
Emergency Notification Plan to notify members in the case of an emergency.
e Commissioner Saine recapped the changes that had been made thus far and the Board went
on to discuss the proposed changes made by Mr. Bare during his presentation. They agreed to
the proposed changes in DS #36 —14 people will be allowed at each campsite, DS #37 — no more
than eight (8) units for each campsite, DS #69 and DS #73 adding "boats and support trailers"
and in DS #73 deleting the word "floodplain", per Mr. Choate's suggestion. In DS #77.e they
agreed to delete "10 feet x 20 feet" and add "up to 30' x 50' patio or". Ms. Aungst expressed
concern about it being a permanent structure in the floodplain and stated the applicant would
need a Floodplain and a Building Permit for any patio or deck in the floodplain. The Board agreed
to all of the aforementioned changes.
e In response to Chair Moreno, Mr. Bare indicated he had reviewed, and on behalf of the
applicant, agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
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HEARING CERTIFICATION - R.M. HINER CONSTRUCTION COMPANY, INC.
(3MUSR21-95-1075)
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IE Regarding the findings in the Resolution, Commissioner Freeman referenced Finding #2.E,
stating there are no operational changes being implemented and referencing Finding #2.F, stated
some Development Standards were amended to comply with FEMA regulations that were not in
place when the original USR was approved.
Commissioner James moved to approve the request of R.M. Hiner Construction Company,
Inc., for a Site Specific Development Plan and Third Minor Amended Use by Special Review
Permit, 3MUSR21-95-1075, for Open Pit Mining and Materials Processing (sand gravel and
stone), an asphalt and concrete batch plant, 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) to add one (1) additional 4,800 square -foot commercial
building for maintenance and storage of pipeline materials and equipment, to add an additional
25 parking spaces for RV storage near Camp Lake, to add 12 camping spots around Camp Lake,
to allow overnight camping along the South Lake, and to allow camping in the floodplain, outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the
recommendation of Planning staff, the previously stated findings, and with the Conditions of
Approval and Development Standards, as amended. The motion was seconded by Commissioner
Buck, and it carried unanimously. There being no further discussion, the hearing was completed
at 11:10 a.m.
This Certification was approved on the 15th day of September, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dicks.) jC.Lio%ei
Weld County Clerk to the Board
BY: i v
eputy Clerk to the Board
Steve
oreno, C
'r
c• . Ja es, Pro -T
Perry L. Buc
2021-2571
PL0990
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