HomeMy WebLinkAbout20160828.tiff HEARING CERTIFICATION
DOCKET NO. 2016-08.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0062, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
STORAGE FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS (A CONSTRUCTION LAYDOWN YARD),
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; AND A 35-FOOT IN HEIGHT
COMMUNICATION TOWER IN THE A(AGRICULTURAL)ZONE DISTRICT-70 RANCH,
LLC, C/O BLUE GRAMA LAND CORPORATION
A public hearing was conducted on February 29, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
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 28, 2015, and duly published
December 31, 2015, in the Greeley Tribune, a public hearing was conducted on January 20, 2016,
to consider the request of 70 Ranch, LLC, do Blue Grama Land Corporation, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0062, for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with transloading; and any Use permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (a construction laydown yard), 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; and a 35-foot in height Communication Tower in the A (Agricultural)Zone
District, at which time the Board deemed it necessary to continue the matter to February 29, 2016,
to allow the applicant time to consider the alternative access. A public hearing was again
conducted on February 29, 2016, at which time, Bob Choate, Assistant County Attorney, made
this a matter of record.
Chair Freeman reviewed the prior hearing and clarified that today's hearing is only regarding
new information in consideration of the recommendation to acquire a more suitable access.
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Janet Lundquist, Department of Public works, stated they met with the applicant who agreed
to enter into an Improvements Agreement; however, Ms. Lundquist did not recommend the other
access option due to the weight restricted bridge and crossing of private property. She reminded
the Board that this USR is only creating one new truck trip.
ID In response to Commissioner Conway, Ms. Lundquist stated the applicant supplied the
letters exchanged with 70 Ranch, LLC (hereinafter referred to as "70 Ranch"), and she further
stated she was not aware if there was correspondence with the State Land Board. She cited her
experience that it is often difficult to impossible to pursue communication with the State Land
Board.
IR In response to Commissioner Cozad, Ms. Lundquist clarified the Improvements Agreement
is with Blue Grama. In further response, Ms. Lundquist stated the applicant reached out to
70 Ranch and based on the response, staff did not follow up.
ID In response to Commissioner Kirkmeyer, Ms. Lundquist outlined what is included in the
Improvements Agreement, which will be dependent on a base count. She agreed it will be
minimal.
el Commissioner Cozad reiterated the overall traffic being generated is not from this project as
this USR will reduce traffic. She clarified that the Improvements Agreement needs to be with 70
Ranch regarding the traffic and stated this USR is caught in the middle.
CI Anne Best Johnson, Tetra Tech, and Spence McCaulley, applicant, introduced themselves
and mentioned the other members of the team as being available to answer questions if needed.
She stated that since the last hearing, and per the direction of the Board, they met with staff and
formulated a game plan to proceed forward resulting in reaching out to 70 Ranch regarding the
alternative access point. The result of that correspondence was that 70 Ranch provided two letters
which clarified that per the lease agreement, the access point is off of CR 388, and will remain as
such. She stated that 70 Ranch communicated a willingness to meet with Weld County for further
discussion. Ms. Johnson reviewed the traffic counts and the reduction in truck trips.
la In response to Commissioner Conway, Ms. Lundquist reviewed the future volume, the
triggers regarding paving CR 388, and stated the traffic count at the relevant driveway would
define the proportional share.
Ms. Johnson interjected that the applicant desires to be a partner with Weld County and will
accept their share of the Improvements Agreement costs.
el John Klippert, SPO, stated his frustration with the latest update to keep the access on
CR 388 and reiterated the access from CR 69 is shorter and paved. Mr. Klippert further mentioned
the truck trips are fewer due to the oil and gas industry slowing down, but when it picks up again
the number of truck trips will increase.
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• Ms. Johnson stated Mr. Klippert is correct and the reduction is a result of the industry slowing
down and prices decreasing and she added that NGL has also contributed to the reduction with
the addition of the water disposal facility.
• In response to Commissioner Conway, Ms. Lundquist stated she did not know what the
historic agreement was with National Hog Farms, but that perhaps it was an easement. She
clarified that staff never encourages an applicant to access their property across someone else's
property.
Ms. Johnson stated she does not know if the State Land Board acquired the property or if
70 Ranch had an easement agreement and she conveyed that staff was to take the lead in
contacting State Land Board. Commissioner Conway stated the applicant is responsible for
making those contacts. Ms. Johnson clarified that her correspondence stopped at 70 Ranch
because the applicant is pursuing this USR based on a lease agreement with them and the terms
of the lease clearly state the access point is to be from CR 388.
• Chair Freeman stated this is a bigger conversation that goes back to 70 Ranch which affects
this applicant's efforts to obtain this USR. Commissioner Kirkmeyer interjected the applicant is
actually the 70 Ranch. Commissioner Cozad agreed this puts this particular application in a bad
position and she asked Ms. Lundquist to define all of 70 Ranch's access points for the Board and
further stated this conversation needs to happen with them.
• In response to Commissioner Cozad, Ms. Lundquist defined the access points and explained
the National Hog Farms was leasing the State Land Board land, which explains their access. She
reiterated there would have to be an easement agreement and the bridge fortified to
accommodate the truck weights to be able to access from CR 69.
• Commissioner Cozad stated her support for this application due to the traffic not being
increased by this particular USR.
• Commissioner Conway asked for clarification regarding whether 70 Ranch has a lease with
State Land Board for the use of this access.
• In response to Commissioner Conway, Mr. McCallie stated 70 Ranch does have a lease
agreement to use this access with the State Land Board but it is not available to the lessee due
to the weight limit on the bridge. In further response to Commissioner Conway, Mr. McCallie stated
all of his trucks would surpass the weight restriction making this access an impossible option. He
expressed the difference with accessing by an easement and making improvements to the bridge
may not be agreeable to State Land Board.
• In response to Commissioner Kirkmeyer, Mr. Ogle stated there are three other USRs
currently on 70 Ranch. Commissioner Kirkmeyer stated she is not willing to move forward until
there is an agreement with 70 Ranch because they are not dealing with the impacts they are
putting on CR 388 and she is willing to wait until an agreement is in place.
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ki Commissioner Conway expressed his agreement with Commissioner Kirkmeyer that an
agreement needs to be put into place. He communicated that 70 Ranch has not been difficult to
work with in the past and these traffic issues must be addressed before moving forward. He further
stated when the oil and gas industry bounces back, the truck trips will explode again and these
traffic concerns need to be dealt with now.
• Commissioner Moreno stated it is unfortunate the other USRs have passed prior to
addressing these issues and he supports seeking a new agreement with 70 Ranch before moving
forward.
el Chair Freeman stated that while he agrees that the overlying conversation with 70 Ranch is
needed to make the necessary improvements and institute a new agreement, he is uncomfortable
with not approving this USR which will take 100 trucks off the road now.
El Commissioner Cozad asked if it is possible to move forward with a new Condition reflecting
an Improvements Agreement with 70 Ranch.
• Commissioner Kirkmeyer clarified her reasons for not moving forward with this USR until an
agreement is in place. She further explained access does not have to be one or the other, simply
that 70 Ranch needs to deal with the accumulative traffic impacts before another USR is
approved. She also disagreed with the comment that State Land Board is impossible to deal with
because they have a responsibility to create revenue for schools throughout the state; therefore,
they should come to the table in a timely manner to address these options.
kill Chair Freeman requested clarification regarding whether 70 Ranch is leasing the land from
State Land Board or only an access.
CI In response to Commissioner Conway, Mr. McCallie stated the State Land Board and 70
Ranch have reciprocal access agreements because they have properties adjacent in various
locations throughout that particular area.
El In response to Commissioner Moreno, Mr. McCallie stated he needs to start construction
immediately. Commissioner Kirkmeyer interjected that there is provision in the Code for them to
proceed at their own risk. She clarified the Board is not objecting to the USR, the intent is to get
the road situation and improvements figured out.
El Ms. Johnson clarified the applicant's intent is to build the lines for gathering and piping to
other facilities. In response to Commissioner Kirkmeyer, Mr. McCallie stated the pipeline to
Lucerne is under construction.
• In response to Commissioner Conway, Mr. McCallie explained the number of vehicles
needed to begin construction and provided the projected timeline.
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a Commissioner Cozad recommended and made a motion to add the Condition regarding an
Improvements and Road Maintenance Agreement with 70 Ranch back into the Resolution. The
motion was seconded by Commissioner Kirkmeyer. The Board agreed. Commissioner Kirkmeyer
cautioned the Board regarding making a motion to approve because if it is denied, they are done.
She reiterated her decision to refuse approval to any further USRs for this applicant until the traffic
impacts are addressed.
E Ms. Lundquist asked for clarification regarding the Board's direction for the Improvements
Agreement. Commissioner Kirkmeyer provided further direction.
e In response to Commissioner Moreno, Mr. Choate verified any Improvements Agreement
will only apply to the impacts related to this current USR. Commissioner Kirkmeyer added further
explanation as this USR is a small project within the big ranch and holding this USR up will provide
a platform to procure a necessary agreement to address the traffic impacts.
e Commissioner Conway summed up the discussion stating the Planning Director can issue
an "at risk" letter notifying the applicant that they may begin construction at their own risk so they
can get started; however, in the meantime, there needs to be an Improvements Agreement in
place with 70 Ranch regarding the traffic impacts that must be addressed.
e Chair Freeman asked the Board regarding a timeframe for the continuance. Commissioner
Kirkmeyer recommended a month and Commissioner Conway expressed his agreement.
Commissioner Cozad stated the need for clarification on who is responsible for further
correspondence due to prior confusion between the staff and the applicant. Chair Freeman
suggested staff begin correspondence immediately.
El Commissioner Kirkmeyer clarified that staff will contact 70 Ranch to work out a volunteer
Improvements Agreement regarding all of the accesses and impacts to the County road system
and she emphasized they will need to be forthcoming with the agreements that are in place with
State Land Board. She further directed the applicant to communicate to 70 Ranch that this USR
and any subsequent USRs will be put on hold until an Improvements and Road Maintenance
Agreement is in place.
• Commissioner Kirkmeyer moved to continue the request of 70 Ranch, LLC, do Blue Grama
Land Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0062, for Mineral Resource Development Facilities, Oil and Gas Storage Facility with
transloading; and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (a construction laydown yard), 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; and a 35-foot in height Communication
Tower in the A (Agricultural) Zone District, to March 28, 2016, at 10:00 a.m. The motion was
seconded by Commissioner Conway who also clarified the expectation for the meeting to happen
sooner rather than later between the Board and 70 Ranch, the procedure for the applicant to
move forward with construction, and the invitation for anyone from the public to sit in on the
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meeting. Thereafter, the motion carried unanimously. There being no further discussion, the
hearing was completed at 11:08 a.m.
This Certification was approved on the 7th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dda.44, %4
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
D y Clerk to the Beard I�'�'�►` G/
11,4 Ju i- A. Cozad
APPROVED AS TO FOR ' �•..`., . ,
tart f( ,a.'
, ; `'arbara Kirkmeyer
County Attorney /IJnp 7 1`1%"�,
/ Steve Moreno
Date of signature: 3/1140
2016-0828
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