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HomeMy WebLinkAbout20160356.tiff HEARING CERTIFICATION DOCKET NO. 2016-11 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0065, FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND GAS SUPPORT AND SERVICE (PARKING AND MAINTENANCE OF EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT; EQUIPMENT AND STORAGE YARDS FOR ROAD AND PIPELINE CONSTRUCTION CONTRACTORS, AND PRODUCTION UNIT SET-UP AND MAINTENANCE CONTRACTORS; PARKING AND MAINTENANCE FOR TANK AND WATER SERVICE COMPANIES; STORAGE AND RENTAL YARDS FOR PIPE AND PRODUCTION EQUIPMENT, FIELD OFFICES USED BY PRODUCTION-RELATED RECORDS AND MAINTENANCE PERSONNEL) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - NATIONAL WESTERN HOLDINGS, LLC A public hearing was conducted on January 27, 2016, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro-Tern Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated December 16, 2015, and duly published December 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of National Western Holdings, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0065, for Mineral Resource Development Facilities, including Oil and Gas Support and Service (parking and maintenance of exploration, production or workover equipment; equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors; parking and maintenance for tank and water service companies; storage and rental yards for pipe and production equipment, field offices used by production-related records and maintenance personnel) and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage and staging) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any I 2016-0356 O;.,pL, , 41L, ;`1lt PL2398 HEARING CERTIFICATION - NATIONAL WESTERN HOLDINGS, LLC (USR15-0065) PAGE 2 regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. IEI Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the location, prior use, and stated the application is the result of a Zoning violation, ZCV15-00103, initiated due to the operation of a commercial oil and gas storage facility without the necessary Weld County Zoning Permits. He explained if the application is approved, it will p pP pp correct the violation. Mr. Ogle stated the site is not in an overlay area, and he described the surrounding land uses. He conveyed the site is within the three (3) mile area of the Towns of Gilcrest and Platteville, neither of which had any concerns or conflicts. He stated, to date, no correspondence in objection of the USR application has been received. He reviewed the intent to use 80 acres of the 320-acre parcel for outdoor storage and staging and keep the remaining portion of the parcel in agriculture. Mr. Ogle stated 13 referrals were sent out and three (3) responded with comments considered by staff. He displayed images of the site and surrounding area, and entered the favorable recommendation of the Planning Commission into the record as written. • Wayne Howard, Planning Services Engineer representative, provided a brief overview of the transportation plans and requirements and stated one small commercial access point has been approved,Access Permit number,AP15-00508. He reviewed the average daily traffic counts on County Road (CR) 35 and stated according to the traffic narrative, approximately eight (8) passenger vehicles and up to 30 trucks will access the site per day. Mr. Howard reviewed the requirements related to haul routes, tracking control and an Improvements Agreement, and stated the site meets the exemption for stormwater detention. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating a portable toilet is acceptable and Development Standards (DS) #5-16 address Environmental Health items. le Scott McDonald, owner/applicant, stated they have a trucking operation and additional equipment that needs to be stored and they did not realize a permit was necessary until the violation. He explained once they were aware, they worked quickly to begin the USR process and he noted that the rest of the property will be seeded for wheat production. • Paul Ratliff, on behalf of Anadarko entities, requested their objection letter be part of the public record and stated they made an attempt to work with the applicant to reach an agreement but, to date, have been unable to do so. Mr. Ratliff requested the approval include a conditional agreement based on preserving their mineral rights. Chair Freeman interjected this is a separate issue to remain between the private entities. • In response to Chair Freeman, Mr. McDonald of National Western Holdings, LLC, indicated no concerns regarding the Conditions of Approval or Development Standards. • Commissioner Kirkmeyer corrected Development Standard (DS) #18 to read, "The parking area..."and DS #25 to read, "The access to the site..."The Board agreed with the corrections. 2016-0356 PL2398 HEARING CERTIFICATION - NATIONAL WESTERN HOLDINGS, LLC (USR15-0065) PAGE 3 E In response to Chair Freeman, Mr. McDonald indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended e Commissioner Kirkmeyer moved to approve the request of National Western Holdings, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0065,for Mineral Resource Development Facilities, including Oil and Gas Support and Service (parking and maintenance of exploration, production or workover equipment; equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors; parking and maintenance for tank and water service companies; storage and rental yards for pipe and production equipment, field offices used by production-related records and maintenance personnel) and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage and staging) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:23 a.m. This Certification was approved on the 1st day of February, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �,�,� � �^ •^ _ '14 / ;IA Mike Freeman, Chair W ld County Clerk to the Board I Sean P. Conway, Pro-Te, cc/ C De u Clerk to the Boa d llda A. Cozad AP" •v D z• RM: 13,51 bars Kirkmeyer Attorney .�/� t�Steve Moreno Date of signature: �`1 2016-0356 PL2398 �, f/ q '5 J CA-2) r, `,, 0 v � '.J Jam` s U * 4_ ,‘-- -.- \I I 'a, ''.1) t.,) I IA -5 t : ,73 / i'' 'c c , \2) 7-L.,-., --s-- ,.; jz.) r." , .,. Q. \-..c.- cam. - ,� c"/1" ,,, b y ; U 4\ N WA's-. '' 'Y L‘jsQ r- '� t.,a a; :, ti S % 61 .--la 4 t" � L. ` " a x ' ,rt z w r<. _ . . N 0 Hello