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Home My WebLink About20160292.tiff HEARING CERTIFICATION DOCKET NO . 2016-08 . C 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 March 28 , 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 Public Works Department representative , Janet Lundquist Health Department representative, Lauren Light The following business was transacted : 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 , and February 29 , 2016 , to consider the request of 70 Ranch , LLC , c/o 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 times the Board deemed it necessary to continue the matter to March 28 . 2016, to allow the applicant time to consider traffic concerns and agree to a pending Improvements Agreement to address such matters. A public hearing was again conducted on March 28 , 2016 , at which time . Bob Choate, Assistant County Attorney, made this a matter of record . P L, evk le&i LiegA • kt, 2016-0292 PL2396 HEARING CERTIFICATION - 70 RANCH . LLC . C/O BLUE GRAMA LAND CORPORATION ( USR15-0062) PAGE 2 P Chair Freeman reviewed the prior hearings and clarified that today's hearing is only regarding new information in consideration of the recommendation to acquire an Improvements Agreement before moving forward . LI Janet Lundquist. Department of Public Works representative. reviewed the meeting that took place with the applicant and stated there is an Improvements Agreement in process to be presented to the Board in the near future once it is finalized . In response to Commissioner Conway, Ms . Lundquist stated this USR can move forward . Commissioner Kirkmeyer reminded the Board that this case was continued to create an opportunity for an Improvements Agreement between the County and the 70 Ranch . LLC , hereafter referred to as 70 Ranch . She emphasized the meeting went well and there is a letter of intent on file for a voluntary Road Maintenance Agreement. Commissioner Kirkmeyer reiterated the Improvements Agreement is not tied to this USR . Chair Freeman agreed the Improvements Agreement is not necessary for the approval of the USR . In response to Commissioner Conway, Ms . Lundquist stated access from County Road 69 is not part of the discussion because the weight restricted bridge on CR 69 is on State Land Board property and not under the jurisdiction of Weld County. She clarified if the applicant wants to utilize that access they have to work with State Land Board and the County cannot force them to use this access . Commissioner Cozad clarified the application before the Board today is conditional upon the applicant providing evidence of a legal access and showing that on the Plat. She further reiterated this particular USR does not increase traffic but actually takes trucks off the road . 2 Commissioner Moreno added his agreement that the issue was to have staff go back and talk with 70 Ranch . Commissioner Conway reviewed his concerns regarding attaining a possible access off of CR 69 as a viable option and approving a USR without this consideration is problematic. He further mentioned receiving additional information from the public. which Mr. Choate interjected has been added to the record as an Exhibit. Commissioner Kirkmeyer stated she was present for all the meetings as well and she clarified staff did what was requested and 70 Ranch has voluntarily agreed to a Road Maintenance Agreement . as requested . She stated to change the access point would require opening up other USRs that are the cause of the impact to CR 388 . Commissioner Cozad stated she understands the impact of traffic to the public on CR 388: however. this USR is not the cause and takes trucks off County roads. [a Chair Freeman concurred and stated the need to move forward with this USR and he suggested perhaps future conversations need to take place with 70 Ranch regarding an access from CR 69 but not in direct relation to this USR. Commissioner Moreno agreed . a Spence McCallie , NGL Energy , introduced Mr. Von Lembke of 70 Ranch , and Ms . Johnson of TetraTech . Mr. Von Lembke stated the Road Maintenance Agreement is a good agreement and he emphasized 70 Ranch wants to be a good neighbor. In response to Commissioner Cozad . he stated he has met with some of the neighbors along CR 388 to discuss concerns and he 2016-0292 PL2396 HEARING CERTIFICATION - 70 RANCH . LLC . CIO BLUE GRAMA LAND CORPORATION ( USR15-0062) PAGE 3 reiterated their willingness to voluntarily cooperate with the County regarding the Road Maintenance Agreement supporting the claim to be a good neighbor and hoping it will set an example for other big companies to follow. In response to Commissioner Moreno . Mr. Von Lembke stated the bridge on CR 69 is only a light weight access and cannot accommodate heavy vehicles . In response to Commissioner Conway . Mr. Von Lembke stated the access is available to the extent the bridge is capable of supporting ; however. they are open for dialogue. a Commissioner Kirkmeyer requested to hear from the public due to their effort to repeatedly attend . John Klippert, neighbor. expressed his continued frustration and concerns with the access and traffic on CR 388 . He agreed this USR is a separate issue. but stated this is his only opportunity to speak against the current traffic related to this site . Mr. Klippert emphasized that the question has never been answered as to why CR 69 is not used as an access point or pursued as a potential access . He stated the excuse regarding the Town of Hardin is not substantiated because the Town of Hardin is nowhere near the access point. Mr. Klippert clarified that the little dead end road that used to have no traffic, dust. disease to animals. and is a 25-foot narrow road , is now over traveled while a potential solution exists . In response to Commissioner Conway, Mr. Klippert stated the facts he has submitted are from personal observation and from the observation of many people also concerned with this issue and who are very credible . He stated to the best of his knowledge. this information is correct. In further response, he estimated the weight of full semi-trucks traveling over the weight restricted bridge. 2 Chair Freeman closed public input. In response to Commissioner Cozad . Ms . Lundquist stated CR 388 is a public road that cannot be restricted and where the County road ends is the beginning of the access . She further stated the only way to restrict the type of travel would be to weight restrict the road . Ms . Lundquist clarified traffic has decreased from an average daily count of 1069 per day to approximately 500 per day currently. In response to Commissioner Conway, Ms . Lundquist verified the traffic decrease is related to the oil and gas reduction and to the on-site water disposal facility. She agreed there is the potential for the traffic to increase if the oil and gas industry picks up again . IeLi Commissioner Kirkmeyer clarified that CR 388 is a public road and an oil and gas Use is a Use by Right that does not require a permit. She further stated this USR was continued to allow the opportunity to meet with 70 Ranch regarding the Improvements and Road Maintenance Agreement before moving forward with granting any further permits for this site . Commissioner Kirkmeyer repeated the Agreement is in process and this USR may now move forward . She reminded the Board that historically, residents from CR 69 came in and had complaints about traffic from that direction and 70 Ranch was asked to work with them and they did . Commissioner Kirkmeyer expressed the uncertainty that Weld County paid for the bridge in question over the access point from CR 69. She clarified she is ready to move forward with this USR and suggested a minor correction to Development Standard (DS) #24. 2016-0292 PL2396 HEARING CERTIFICATION - 70 RANCH . LLC . C/O BLUE GRAMA LAND CORPORATION ( USR15-0062) PAGE 4 5= In response to Chair Freeman , Ms. Johnson and Mr. McCallie indicated they have reviewed , and agree to abide by, the Conditions of Approval and Development Standards , as amended . Commissioner Cozad moved to approve the request of 70 Ranch , LLC , c/o 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 P g Tower 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 Moreno. Commissioner Cozad expressed her appreciation for Mr. Klippert attending and participating in the process and she thanked the applicant for their patience. Commissioner Kirkmeyer agreed and stated because of Mr. Klippert's persistence , they can move toward a good neighborly situation and she expressed her appreciation to Mr. Von Lembke for his willingness on behalf of 70 Ranch to work on a voluntary road maintenance agreement and to start working with the neighbors. Commissioner Moreno concurred and thanked Mr. Klippert for providing additional information and he thanked the applicant for their patience through the process . Commissioner Conway thanked the applicant for being patient and also thanked Mr. Klippert for being persistent and clarified his stance today is not in opposition to the USR but to put on the record that he is voting NO based on the changes that need to take place regarding the truck traffic on CR 388. a Chair Freeman concurred with fellow Commissioners and called for a roll call vote . The motion was approved on a 4- 1 vote , with Commissioner Conway opposed . There being no further discussion . the hearing was completed at 10:47 a . m . 2016-0292 PL2396 HEARING CERTIFICATION - 70 RANCH . LLC . C/O BLUE GRAMA LAND CORPORATION ( USR15-0062) PAGE 5 This Certification was approved on the 4th day of April , 2016 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY . COLORADO ATTEST: Width/O ' Mike Freeman, Chair Weld County Clerk t he Board =- S ___. Co way, Pro-Tem BY: Deput Clerk to the Board � - ad Julie A. Cozad AP ROVED AS • • ' : I ��, IE IL _ `� :`: tiara Kirkmeyer ounty Actor ey "'�� ►s`ve Moreno Date of signature: Wic)* 2016-0292 PL2396 ATTENDANCE LIST DATE : 'JrQRj ' L' NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS CITY ST ZIP i5t ' HJ I -S-(:_ 6- it-in— C-* n— 11 1t ,) J' 0Ivit . ,,,, t ,�krt; ,;i1 ,(, ..i. 11GlU ( re. e)..._ �( F- �,r; � -- .. Z I - —S l;.1 k+Z n . S«-4-c-u--r?-- 73 /t eau Am-A— / 3},i , /6 Ht. S . 4---fl, C,.6.:ec--&! Co 80 3/ I/c A-L- . 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