HomeMy WebLinkAbout20161112.tiff HEARING CERTIFICATION
DOCKET NO . 2016-32
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0079, 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 - RLU HOLDINGS , LLC ,
CIO NORTHWINDS OF WYOMING , INC .
A public hearing was conducted on March 30 . 2016 , at 10: 00 a . m . . with the following present:
Commissioner Mike Freeman , Chair
Commissioner Sean P. Conway . Pro-Tem
Commissioner Julie A. Cozad - EXCUSED
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board , Tisa Juanicorena
Assistant County Attorney. Bob Choate
Planning Services Department representative . Kim Ogle
Public Works Department representative. Janet Lundquist
Planning Services Engineer representative. Wayne Howard
Health Department representative , Lauren Light
The following business was transacted :
a I hereby certify that pursuant to a notice dated February 12 , 2016, and duly published
February 17 . 2016 . in the Greeley Tribune . a public hearing was conducted to consider the
request of RLU Holdings. LLC . c/o Northwinds of Wyoming , Inc. , for a Site Specific Development
Plan and Use by Special Review Permit. USR15-0079 , 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. Bob Choate , Assistant
County Attorney, made this a matter of record .
Chair Freeman instructed the applicant and reviewed for the public, with two (2) of the
five (5) commissioners being excused , the vote must be unanimous for the case to be approved
today.
P Kim Ogle . Department of Planning Services , presented a brief summary of the proposal and
described the location , as created by a prior recorded exemption , and stated it is not within the
three (3) mile referral area of any municipality. He further described surrounding properties ,
businesses and uses and mentioned that staff is requiring a screening plan . He reported receiving
correspondence in relation to this application listing concerns regarding proper permits and
parking or storage in the ditch right-of-way. Mr. Ogle clarified the application is the result of an
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(USR15-0079)
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active Zoning Violation , ZCV15-00140 , due to the operation of a commercial business without the
proper Zoning Permits, and if approved will correct the violation . Mr. Ogle stated it is a pipeline
and construction business to include storage and maintenance. He reviewed the number of
employees . potential vehicle trips , hours of operation , and structures on-site . Mr. Ogle reported
14 referrals were sent out with six (6) responses received offering comments for consideration .
He displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record . as written . In response to
Commissioner Conway, Mr. Ogle explained the shared access with Trevino Trucking , and the
applicant's intent to expand the access with an Easement Agreement with both Trevino Trucking
and the Platte Valley Irrigation Company. He further explained why the hours of operation were
changed by the Planning Commission .
VII Janet Lundquist, Department of Public Works . provided a brief overview of the transportation
plans and requirements stating the Access Permit has been approved , AP#15-00591 , crossing
Trevino Trucking property and accessing from CR 39. She reviewed the average daily traffic
counts . the proposed daily truck and vehicle trips and stated staff is requiring traffic control and
an Improvements Agreement.
Wayne Howard , Planning Services Engineer representative , reviewed the drainage and
grading requirements and stated the Condition of Approval (COA) #1 . D can be stricken from the
Resolution due to the requirement being met.
, -= Lauren Light, Department of Public Health and Environment. reviewed the water and sewer
provisions stating water is provided by Central Weld County Water District and the current septic
is sized for a three (3) bedroom house. She clarified the applicant intends to install a commercial
septic system for the business and it is acceptable to use portable toilets for drivers . Ms . Light
clarified the noise statute and reported Development Standards (DS) #7- 18 address typical
Environmental Health items .
kiril Kelly Deitman, Project Architect, provided a PowerPoint Presentation and began by
describing aerial photos of the site and surrounding properties and further described the site
layout and organization plans to correct the violation and the concerns of the Platte valley Ditch
Company regarding storage in the ditch easement. She explained the new access in relation to
the agreement with Trevino Trucking to take down a portion of the fence.
ER Chad Underwood , applicant, stated they have been working very hard to take into
consideration concerns and input from surrounding property owners. He explained for one
adjacent neighbor, they moved the building further away from their property line and are putting
up a line of trees for screening to mitigate light and noise pollution . Mr. Underwood also explained
the communications with Platte Valley Irrigation Company and the resulting corrected point of
access , which affected a portion of the private fencing on Trevino Trucking property. He stated
they met with Trevino Trucking and they suggested a shared access. Mr. Underwood reiterated
how they have worked with neighbors and businesses in the area to create a design plan that
works well for everyone. Commissioner Conway stated for the record that their efforts to work
with neighbors is evident by the lack of protestors in attendance.
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2 Eric Wernsman , Civil Engineer for the applicant, stated as pad of the design plan to better
work with the neighbors , they have extended the berm further around the property to reassure
the Platte Valley Ditch Company regarding the water quality coming off the site.
In response to Commissioner Conway, Mr. Underwood stated there were no neighbors at
the Planning Commission hearing ; however, the change in the hours of operation was addressed
due to the possibility of being in violation if there was an emergency after hours or if a company
vehicle came back in after hours. In further response , he clarified the normal operations are during
daylight hours and this change is only to prevent a violation for something out of the norm and he
did communicate this change to the neighbors without any objections .
In response to Chair Freeman , Mr. Underwood indicated no concerns with the Conditions
of Approval and/or Development Standards .
Pa Chair Freeman reminded the Board of staff's request to delete Condition of Approval
(COA) #1 . D. The Board concurred .
Gc In response to Chair Freeman, Mr. Underwood , RLU Holdings, LLC , c/o Northwinds of
Wyoming . Inc. . indicated they have reviewed , and agree to abide by, the Conditions of Approval
and Development Standards , as amended .
E_` Commissioner Moreno moved to approve the request of RLU Holdings, LLC , c/o Northwinds
of Wyoming , Inc. , for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0079 , 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, 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, who also thanked
the applicant for working to attain compliance from the violation process and the effort to meet
with the surrounding property owners . Commissioner Moreno agreed that the communication with
neighbors is very important. Chair Freeman stated the applicant went above and beyond the
requirement and it is appreciated by the Board . There being no further discussion , the motion
carried unanimously and the hearing was completed at 11 : 09 a . m .
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This Certification was approved on the 4th day of April , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
aC JCL 1, �
ATTEST: � � _
Mike Freeman , Chair
Weld County Clerk t he Board
c E3`e‘ieit LehAiel
Sean P. Conway, Pro-Tem (-___ )
``
ep y Clerk to the Board EXCUSED
Julie A. Cozad
APPROVED AS e • ' ► . i ►` CUSED
. ara. Kirkmeyer
. � 1�Yr-rte Zcr"
�
County Attorney r � � ct USED DATE OF APPROVAL
`' ' �,
v •: Moreno
Date of signature : 7 A3P�'�
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