HomeMy WebLinkAbout20183372.tiff HEARING CERTIFICATION
DOCKET NO. 2018-117
RE: CHANGE OF ZONE, COZ18-0004, FROM THE 1-3 (INDUSTRIAL) ZONE DISTRICT AND
A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT -
NGL WATER SOLUTIONS DJ, LLC
A public hearing was conducted on October 31, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated September 14, 2018, and duly published
September 19, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of NGL Water Solutions DJ, LLC, for Change of Zone, COZ18-0004, from the 1-3
(Industrial) Zone District and A (Agricultural) Zone District to the 1-3 (Industrial) Zone District.
Frank Haug, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
indicated the site is west of and adjacent to County Road (CR) 27 and south of CR 6 and stated
the site is within the three (3) mile referral area of the Cities of Fort Lupton and Brighton. He
mentioned the site is also located within the Fort Lupton Cooperative Planning Agreement area
and within the Urban Growth Boundary area of the City of Brighton. Mr. Ogle indicated the
property has a split zone district with approximately 19 acres zoned industrial and the remaining
35 acres zoned A (Agricultural). He described the surrounding land zonings and additional
adjacent roads, and he referred to the PowerPoint and explained the City of Fort Lupton's zoning
and land designations. Mr. Ogle indicated the City of Fort Lupton had concerns regarding the
application and described the City of Brighton's designated zoning and land uses. He explained
the City of Brighton's referral stated the subject site is in the City of Brighton's Urban Growth
Boundary and should be annexed into the city. He explained the applicant did not want to annex
the property at the present time, and indicated the land had historically been used for agriculture.
Mr. Ogle explained there is an overhead transmission line cited within an easement that dissects
the property in an east and west direction. He explained concerns of the Fulton Irrigation Ditch
Company, and stated Planning staff received several phone calls and emails regarding this
application. He stated 13 referral agencies reviewed this case and five (5) responded with
conditions or comments addressed in the staff recommendation. He clarified, if the application is
approved it will extend the 1-3 zoning and indicated any proposed uses of the site would require
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a site plan review. He explained the Code criteria requirements and referred to an email received
from the City of Brighton requesting the Board to postpone the hearing for 90 days in order for
the City of Brighton and Weld County staff to meet and discuss a Coordinated Planning
Agreement. Mr. Ogle explained further concerns from the City of Brighton and stated the email is
included as Exhibit E. Mr. Ogle provided images of the site and surrounding views and entered
the favorable recommendation of the Planning Commission into the record as written.
• Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the access for the site is under the jurisdiction
of the City of Brighton and presented the drainage and grading requirements.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water will be provided by a commercial well and a septic system will provide
sewer. He indicated Conditions of Approval (COA) #1.F.2-4 address Environmental Health items.
• Doug White, represented the applicant and indicated the site is located in a very active,
industrial area, and explained NGL purchased the property with a life estate agreement. Mr. White
explained future plans for the proposed site and the reasoning behind the Change of Zone
request. Mr. White provided a drone perspective of the proposed parcel (Exhibit F) and in
response to Commissioner Conway, indicated where the current Industrial zoning is.
Holly Prather, Community Development Director for the City of Brighton, referred to the Weld
County Code criteria and explained how the application does not meet the requirements. She
indicated concerns with traffic safety and road impacts. She suggested changes to the Conditions
of Approval and stated NGL has not addressed the issues of the City of Brighton and has not
obtained the proper permits. In response to Commissioner Kirkmeyer, Ms. Prather explained her
knowledge of Weld County's involvement with the City of Brighton's planning of the area, stated
the public notices are communicated through press release and newspaper, and mentioned the
scheduled road improvements to CR 27. After further discussion, Ms. Prather and Commissioner
Kirkmeyer clarified the annexation of Vestas.
• Mary Falconberg, Assistant City Manager for the City of Brighton, clarified the involvement
of the previous owners of the proposed parcel and explained the annexation of Vestas. He
described surrounding facilities and mentioned this site will only create a small number of jobs.
He indicated the City of Brighton has a vision for headquarters in the proposed area. He indicated
the proposed land use has a history of explosions and earthquakes that does not fit with the vision
of the area. In response to Commissioner Conway, Mr. Falconberg stated there is an
Intergovernmental Agreement (IGA) with the City of Fort Lupton and the City of Brighton is ready
to extend it to designate CR 6 as the dividing line. In response to Commissioner Conway,
Mr. Falconberg stated the City of Brighton has annexed all of Vestas and the 65 acres north of
Vestas, which is all Brighton has north of CR 6. He indicated they offered annexation to a number
of properties surrounding Vestas and stated there has been no forced annexation.
• Greg Mills, Brighton City Council Member, represented the north end of the City of Brighton
and stated the land along CR 27 and south of CR 6 is designated as employment industrial which
is meant to attract regional, job creating, employment. He explained the proposed use of this land
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is not compatible with the City of Brighton's land use plan. He reiterated the facility would create
few jobs and explained other concerns. He stated energy is important and the City wants to ensure
the facilities in this corridor are creating jobs.
Mark Humbert, Brighton City Councilman, discussed traffic and transportation, and reiterated
the site is located on CR 27 which is their main road. He indicated the impacted section of North
Main is within Brighton's city limits, and stated Brighton has not yet been approached regarding
an access permit. He summarized the requirements NGL will be required to meet prior to
obtaining the access permit and provided the average truck traffic increase if this site is to be
approved. He mentioned concerns of the truck routes and impacts to roads, and discussed the
application parcel being a gateway into the City. In response to Commissioner Kirkmeyer,
Mr. Humbert referred the questions to planning regarding the road improvements required of
Vestas. In response to Commissioner Cozad, Mr. Humbert stated there would be an
Improvements Agreement made with Brighton upon receiving the access permit.
Ken Kreutzer, Mayor of the City of Brighton, stated the City of Brighton's request is not
contentious and reiterated some of the concerns regarding the application. He echoed the request
for the Board to delay the decision of this application, to allow for Weld County and the City of
Brighton to enter into a Coordinated Planning Agreement. In response to Commissioner Conway,
Mr. Ogle stated aside from the letter received from the City of Brighton and the conversations with
the City of Brighton's Oil and Gas Attorney, there have been no other correspondence between
Weld County and the City of Brighton since Planning Commission. In response to the same
question, Ms. Prather stated nothing has been done in regards to the Change of Zone application,
however; in regards to the Coordinated Planning Agreement, she had met with Tom Parko,
Planning Director for Weld County.
Mr. White clarified the future plans for a large waste water pipeline through Weld County
from the west to deliver water to the facility and stated the site will need to receive trucks; however,
it will not be a truck-centric facility. He indicated their goal is to have the right-of-way lined up for
the pipeline by next summer and stated the application was submitted in May. He stated the City
of Brighton is against oil and gas and passed Ordinance #2283 prohibiting oil injection wells.
Mr. White provided further history between the applicant and the City of Brighton, and asked the
Board to stand their ground on this parcel, which is in unincorporated Weld County. In response
to Commissioner Kirkmeyer regarding the applicant's relationship with the Fulton Ditch Company,
Mr. White stated the applicant had their own survey done by a third party, which indicated there
was no easement found with the Fulton Ditch Company. He referred to Spence McCaullie, NGL
Project Manager, who stated they attempted to contact the Fulton Ditch Company with no
response and explained the referral and further interactions with the Fulton Ditch Company.
U. In response to Chair Moreno, Mr. White indicated they have reviewed, the Conditions of
Approval and Development Standards, as presented, and indicated there are included letters of
support (Exhibit D) from surrounding property owners (SPO).
Commissioner Conway requested discussion on Condition of Approval (COA) #1.E.6
regarding an access approved by the City of Brighton and Commissioner Cozad clarified the
condition will be addressed for the individual requirements of the City of Brighton.
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Commissioner Cozad suggested an additional condition to attempt to address the concerns
of the Fulton Ditch Company and the Board agreed to add COA #1.D. After further discussion
regardingthe concerns of Fort Lupton the Board agreed to delete COA #1.C. In response to
Commissioner Cozad, Mr. McCaullie indicated there is an existing Anadarko well to the north of
the proposed property, and Mr. Ogle indicated a signed agreement between NGL and Anadarko
is required because this application is a Change of Zone to ensure the mineral interests are
addressed and taken care of and Mr. McCaullie clarified the agreement.
• In response to Commissioner Kirkmeyer, Mr. Haug clarified the City of Brighton cannot
landlock the property and, therefore, the existing access must be approved and/or conditioned.
After further discussion regarding COA #1.E.4, the Board agreed to remove "all approved" and
add "Existing"regarding the accesses on the plat.
• Commissioner Cozad expressed her appreciation for the City of Brighton's presence and
stated the importance of having a Coordinated Planning Agreement. She indicated she does not
feel that it is fair for the applicant to be caught in the middle of the conflict between Weld County
and the City of Brighton. She disagreed with the findings that Ms. Prater put forth, and stated her
own findings. She stressed the future use of the proposed parcel is not a part of the approval
today and indicated it is instead a rezoning. She indicated the Change of Zone is compatible with
the existing surrounding land uses and referenced Fort Lupton's referral. She addressed the traffic
issues and indicated they can be conditioned with improvements agreements once the use is
defined, and there is a traffic study that shows what would be warranted for any future
improvements. She reiterated this is a Change of Zone, stated she feels all the findings in the
Resolution are appropriate and indicated she agreed with all of them.
Commissioner Freeman agreed with the comments made by Commissioner Cozad and
stated most of the surrounding zonings are 1-3 (Industrial). He indicated the Board works to put
zoning in appropriate places, which includes this type of area, and stated his support of the
application. Commissioner Cozad stated there are three (3) letters of support from SPOs that are
agreeing to try and keep industrial uses to industrial zoned areas.
Commissioner Conway expressed his appreciation for the attendance of Mr. Kreutzer, the
City Councilmen and staff, and reiterated the present application is for zoning. He cited Section
22-2-80.A.2 to "Encourage new industrial development within existing industrial areas,"explained
the parcel had split zoning previously, and stated the Board has had a focus on zoning. He
indicated he does not know how there could be a more appropriate site for the future purpose,
and reiterated he is tasked with the application meeting the criteria of the County Code.
Commissioner Conway stated he looks forward to a Planning Agreement and agreed it should
have happened long ago. He discussed history with the City of Brighton and commented on some
of the comments made by the applicant regarding their interaction with the City of Brighton. He
stated the zone change is compatible, meets the requirements of the County Code and reiterated
his thanks for the attendance of the City of Brighton.
• Commissioner Kirkmeyer agreed with the comments made by her fellow Commissioners and
reiterated this application is for a Change of Zone. She agreed with the findings entered into the
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record by Commissioner Cozad, and the findings included in the Resolution by Planning staff and
the Planning Commission. She stated the application is to address split zoning, agreed with
Commissioner Freeman about surrounding uses, and indicated her support.
IR Chair Moreno agreed with the comments made by his fellow Commissioners and reviewed
comments made at Planning Commission. He stated the zoning is compatible and indicated his
support of the application.
U. Commissioner Freeman moved to approve the request of NGL Water Solutions DJ, LLC, for
Change of Zone, COZ18-0004, from the 1-3 (Industrial) Zone District and A (Agricultural) Zone
District to the 1-3 (Industrial) Zone District, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval as entered into the record. The motion
was seconded by Commissioner Cozad, and Chair Moreno thanked the elected officials for their
presence. The motion carried unanimously and there being no further discussion, the hearing was
completed at 1:03 p.m.
This Certification was approved on the 5th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��` 221,
dIttift44)
K.l1o•� St ve Moreno, Chair
Weld County Clerk to the Board
rbara Kirkmey- , ' o-Tem
BY:
Deputy Cler to the Board I IL
an P. onway �—
APP Q VED ORM: .(7, t.{...;1
C�( j 1861
A. Cozad
may,.
Coun Attorney + A Trije
Mike Freeman
Date of signature: 147/03
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