HomeMy WebLinkAbout20161101.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR15-0079
APPLICANT: RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT (MULTIPLE OFFICE TRAILERS, ROUST-A-BOUT,
PIPELINE CONSTRUCTION,CONSTRUCTION AND EXCAVATING COMPANY;
OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS AND MORE THAN
ONE CONEX CONTAINER) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4306; PART NE4 SECTION 30,T4N,R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 39;APPROIXIMATELY 355 FEET SOUTH OF
CR 42.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural/and to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region"
The land that RLU Holdings, LLC is proposing to convert to a commercial and industrial
use is located on non-irrigated agricultural land within 4 miles of the Town of Gilcrest to
the west and LaSalle to the north. The property is located off of a collector status roadway
and is within one mile of an arterial roadway having a signalized intersection at County Road
44 and State Highway 85. There are four residences within 500 feet of the property and an
additional single residence within 1000 feet of the property with all other residences located
a greater distance than 1000 feet from the property and predominately north of the site
adjacent to County Road 39. Planning staff will be requiring screening for the outdoor
storage component associated with this use,and an Improvements and Road Maintenance
Agreement will be required for offsite improvements at this location. Road maintenance
including dust control, damage repair, specified haul routes and future traffic triggers for
improvements will be included. Conditions of approval and the development standards
associated with this facility will ensure that the proposed use is compatible with the
vicinity and region.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
Citing the following Code Sections, Section 23-3-40.S provides for any use permitted as a
Use by Right, an accessory use, or a Use by Special Review in the commercial or industrial
zone districts, provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions and Section and Section 23-3-40.BB allows for more than the number of cargo
containers allowed as a use by right per legal lot or parcel in the A(Agricultural)Zone District.
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are surrounding business in this area along with agricultural farm fields. Directly to the
north of this property is A & E commercial farming. They are an Ag business with a large
parking for equipment that they use for their farming business. A single family residence with
outbuildings, a barn and small office area. Further to the north across County Road 42 is an
agricultural field.
Directly to the east is Trevino trucking (USR15-0023). They are a commercial trucking
company that have a large equipment parking area that they park and stage trailers and
semis. Across County Road 39 to the east is Pat Spayd — Syngenta Seed Advisor. Mr.
Spayd maintains an Agricultural business with a large yard that services equipment and is a
distributor of agricultural products. There is also an agricultural field.
Directly to the west of the property is an irrigation canal. On the other side of the canal is a
tank battery and agricultural field.
Directly to the south of the property is another irrigation ditch. Beyond that is a residential
house along with a large arena and barn permitted for horse training and boarding (USR-
662). There is also another tank battery along with agricultural field.
The high ditch banks on the canals provide excellent separation of the properties and there is
a fence and raised bank that separate the proposed facility and Trevino trucking. The
shop/office along with storage building and parking will be placed in areas that will have the
least impact on the neighbors.
Staff has received inquiries from surrounding property owners concerning this land use
application, some with concerns of operating without a land use permit, parking of vehicles
and equipment within the ditch right-of-way. The Conditions of Approval require screening of
the outdoor storage and the Development Standards will address the operating hours,on-site
lighting, site access and circulation, parking and staging.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within the three (3) mile referral area of municipality or County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code. The property is not within the Geologic Hazard Overlay District or the
Airport Overlay District. The site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee areas.
The property is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 3
The proposed facility is located on approximately 34 acres of equal percentage in "Prime
(Irrigated)" and "Irrigated Land (Not Prime)," lands per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The property historically has been in pasture,
however,at the time of this land use application there was no irrigation water associated with
the property
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the Map:
A. The applicant shall attempt to address the requirements (concerns) of Central Weld County
Water District, as stated in the referral response dated January 12, 2016. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall attempt to address the requirements (concerns)of Platte Valley Irrigation
Company, as stated in the referral response received on behalf of the Evans No. 2 Ditch and
the Platte Valley Canal by Lyons Gaddis Kahn Jeffers Dworak & Grant, Attorney's dated
February 1,2016. Written evidence of such shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
C. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Public Works)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services-
Engineer)
E. The applicants are proposing a shared access for USR15-0023 located on Lot A of RE-2341
and proposed USR15-0079 located on Lot A of RE-4306. The applicant shall submit to the
Weld County Department of Planning Services the following:
1) A recorded copy of any commercial access and utility easement agreement signed by all
of the owners of the property crossed by the access. The access shall be for ingress,
egress and utilities and shall be referenced on the USR Map by the Weld County Clerk
and Recorders reception number.
2. The 30 foot wide joint access and utility easement extending across Lot A of RE-2341
from County Road 39,for the benefit of Lot A of RE-2341 and Lot A of RE-4306, shall be
shown clearly on the map. The joint easement shall be dedicated for the use as shown
using the language set forth in the Weld County Code, Appendix 24-F.2. The easement
shall be graded and drained to provide all weather access and shall be clear of all
vehicles, equipment and obstructions, at all times, day and night.
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 4
F. The Map shall be amended to delineate the following:
1. All sheets of the Map shall be labeled USR15-0079 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The Map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The parking and outdoor storage shall be screened from public rights-of-way and
adjacent property. (Department of Planning Services)
6. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the
Weld County Code. (Department of Planning Services)
7. County Road 39 is a paved road and is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site map the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Planning Services-Engineering)
8. Show and label the approved access and access permit number AP15-00591 with the
appropriate turning radii on the site map. (Department of Planning Services-Engineering)
9. Show and label the approved tracking control on the site map. (Department of Planning
Services-Engineer)
10. The applicant shall show and label the accepted drainage features and drainage flow
arrows.Water quality features or stormwater ponds should be labeled as"Water Quality
Feature/Stormwater Detention, No-Build or Storage Area" and shall include the
calculated volume. (Department of Planning Services-Engineer)
11. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Planning Services-Engineer)
12. Show and label the three 500-gallon plus fuel tanks held within the concrete containment
area on the map. (Department of Planning Services)
13. Show and label the employee parking spaces and one non-ambulatory parking space
with wheel stops on the map. Identify parking areas for the employee parking, company
trucks, trailers, construction forms and equipment. (Department of Planning Services)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one (1)electronic copy(.pdf)of the Map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the Map the applicant shall submit a Mylar Map along with all
other documentation required as Conditions of Approval. The Mylar Map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The Map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar Map and additional requirements shall be submitted within one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 5
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the Map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
B. If more than one (1)acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services-Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review Map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Gene Stille.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 1, 2016.
Dated the 1st of March, 2016
Digitally signed by Kristine Ranslem
kt ekiyw Randfifvu Date:2016.03.04 10:19:55-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RLU HOLDINGS, LLC
USR15-0079
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0079,for any use permitted
as a use by right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Pipeline Construction Company, heavy equipment-trucking and truck repair shop along with
outside equipment/vehicle storage and staging and more than one cargo container as an accessory
structure), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone
District.. (Northwinds of Wyoming, Inc.), subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 6:00 a.m. 6:00 p.m. Monday Saturday,24 hours per day,7 days per week,
as stated in the application. (Department of Planning Services)
4. The parking and screening on the site shall be maintained. (Department of Planning Services)
5. The number of employees shall be restricted to eighty-three(83),as stated in the application. Department
of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23,Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
7. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions,blowing debris,and other potential nuisance conditions.The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
10. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
11. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
13. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 7
14. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance,and proper disposal shall be retained.(Department
of Public Health and Environment)
15. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
17. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Planning-Engineering)
21. The accesses on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Planning and Engineering)
22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Planning and Engineering)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Planning-Engineering)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Planning-
Engineering)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the following
have been adopted by Weld County:2012 International Codes,2006 International Energy Code,and 2014
National Electrical Code.A Building Permit Application must be completed and two (2)complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 8
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards,as shown or stated,shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
29. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state
face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
31. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
RESOLUTION USR15-0079
RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PAGE 9
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important, not only for their safety,but also
for the protection of the farmer's livelihood.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 1, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services;Wayne Howard, Department
of Planning Services— Engineering Division; Lauren Light, Department of Health; Janet Lundquist, Public
Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 23, 2016 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR15-0079
APPLICANT: RLU HOLDINGS LLC, C/O NORTHWINDS OF WYOMING, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT (MULTIPLE OFFICE TRAILERS, ROUST-A-BOUT,
PIPELINE CONSTRUCTION,CONSTRUCTION AND EXCAVATING COMPANY;
OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS AND MORE THAN
ONE CONEX CONTAINER) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4306; PART NE4 SECTION 30, T4N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 39; APPROIXIMATELY 355 FEET SOUTH
OF CR 42.
Kim Ogle, Planning Services, presented Case USR15-0079, reading the recommendation and comments
into the record. Mr. Ogle noted that a letter was received from Anadarko in objection to this cases. The
letter of objection came in during today's hearing. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Wayne Howard, Engineering, reported on the drainage conditions and the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Kelly Diteman, 8393 West 1-25 Frontage Road, Frederick, Colorado, provided a visual description of the
existing site and how they will access the site. They have agreed to add trees to screen the site from the
northern property owner.
Eric Wernsman 16493 Essex Road South, Platteville, Colorado, stated that he prepared the Preliminary
Drainage Design for the site. He said that there was a letter that expressed concern regarding the release
of the historic drainage and added that his grading plan includes a detention pond that will release at the 5
year historic rate. He added that the detention pond has a water quality feature built-in, according to the
Weld County Code.
Chad Underwood and Ryan Underwood, 1990 CR 39, stated that they operate 35 to 75 employees who
arrive in the morning, leave and come back in the evening. Commissioner Jemiola asked when activity
increases again will 24 hours/7 days per week access be needed. Ryan Underwood said that they need
daylight hours to operate so unless there is an emergency they do not expect to provide 24 hour service.
1
Commissioner Jemiola asked the applicants to consider changing the hours of operation since it
theoretically could happen outside of those hours.
Chad Underwood stated that they have met with their surrounding property owners and added that they will
plant trees to screen the site from adjacent properties. He added that the moved the location of the facility
so lights and noise would not impact the neighbors.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked if there are any changes to the staff report. Ms. Light said that she was unaware that
there are fuel tanks on site; therefore she recommended adding a Development Standard to read "The
facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations".
Motion: Add Development Standard as recommended by staff, Moved by Benjamin Hansford, Seconded
by Joyce Smock. Motion carried unanimously.
Chad Underwood asked for an extension to their hours of operation.
Motion: Amend hours of operation in Development Standard 3 from 6 am to 6 pm to 24/7 Monday through
Sunday, Moved by Benjamin Hansford, Seconded by Gene Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR15-0079 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
Meeting adjourned at 2:43 pm.
Respectfully submitted,
Digitally signed by Kristine Rinslem
42 abnt.e Date:2016.03.03 07:55:57-07'00'
Kristine Ranslem
Secretary
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