HomeMy WebLinkAbout20160468.tiff HEARING CERTIFICATION
DOCKET NO. 2016-19
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0063, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF PIPING AND
EQUIPMENT IN SUPPORT OF OIL AND GAS OPERATIONS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- HIGH PLAINS DISPOSAL, INC
A public hearing was conducted on February 3, 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, Chris Gathman
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 31, 2015, and duly published
January 5, 2016, in the Greeley Tribune, a public hearing was conducted to consider the request
of High Plains Disposal, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0063, for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (storage of piping and equipment in support of oil and gas operations) in the
A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal for a storage yard for equipment associated with oil and gas operations. He reviewed
the hours of operation, no buildings, lighting or signage are proposed, and he mentioned the
proposed screening. Mr. Gathman stated there will be 65 trucks that access the site daily. He
verified the application is in response to a Zoning Violation, ZCV15-00122, for the operation of a
commercial storage yard without the proper zoning permits. Mr. Gathman verified the applicant
scheduled a community meeting with neighbors that are within 500 feet of the site and notifications
were sent by mail as well. He reviewed the applicant's correspondence with the neighbors
indicating no concerns, to date, there has been no correspondence indicating concerns received
by staff. Mr. Gathman reviewed the site location, nearest residences and surrounding property
uses and stated the site is located within the three (3) mile referral area of the City of Greeley and
the Town of Kersey. He conveyed that the City of Greeley referral response indicated no concerns
and the referral response from the Town of Kersey recommended the applicant work with the
Town to annex the property as soon as eligible and further requested the applicant control weeds
and landscaping, and maintain the site and access. Mr. Gathman reviewed an additional
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Condition related to landscaping and screening from the nearest residences. He displayed images
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 there are two (2) small commercial access
points approved to include one (1) from County Road (CR) 54 and one (1) from CR 47, Access
Permit number AP#15-00512. He reviewed the requirements related to right-of-way and map
delineations. Mr. Howard provided the average daily traffic counts for CR 54 and CR 47 and
reviewed the traffic narrative, tracking control options, and stated an Improvements Agreement is
required. He explained the applicant has submitted a drainage variance request,which is currently
being reviewed by staff, and a final drainage report and Certificate of Compliance are required.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating, per the application, no sanitary services will be needed; however, it is typical
to require a portable toilet be available on-site at all storage yards. She mentioned Development
Standards (DS) #9-15 address typical Environmental Health items.
e Jeff Wright, applicant, stated staff adequately covered the details.
• Dave Weinmeister, neighbor, expressed his concerns regarding the accesses, traffic, and
stated the lights from the trucks shine into his home. He also expressed concerns with maintaining
the setback. In response to Commissioner Moreno, Mr. Weinmeister pointed out both of his
properties that are adjacent to the site and also pointed out the access being used that
detrimentally affects the compatibility. In response to Commissioner Conway, he verified that
either of the approved accesses would be less impactful.
he is concerned with the traffic and asked when do people have
Gary Alles, neighbor, stated p p
to get permission first rather than just doing whatever they want and asking forgiveness later? He
clarified that the tanks have bene at this site for two or three years and he is concerned if there
will be any kind of liquid stored in them. He requested the Board consider the rest of the farmers
in the area who have lived there all their lives.
Mr. Wright addressed the neighbor's concerns regarding the access usage, provided the
recent history of the property and the process for the USR application. He clarified the violation
was on another site and the tanks being stored are empty.
• In response to Commissioner Moreno, Mr. Wright explained the notification to the neighbors
and the effort to have a community meeting. In response to Commissioner Kirkmeyer, he
explained the pattern of storage to fill up the parcel as it is planned to be used completely for
storage. Wright Mr. Wri offered to have an area designated for no storage g to mitigate ate the setback
concerns, per Mr. Weinmeister. In response to Commissioner Conway, Mr. Wright stated the
trucks will come in from the west on CR 47. Commissioner Cozad pointed out the private drive,
causing the problem and asked if there is an easement in place. Mr. Wright stated there is a
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verbal agreement with Ms. Johnson, the adjacent property owner with the private drive and the
oil and gas access.
El Commissioner Cozad stated it is not acceptable to use Ms. Johnson's accesses and the site
needs to be limited to the approved accesses.
IE In response to Chair Freeman, Mr. Wright indicated his only concern is the Improvements
Agreement and requested it not be in place until the traffic triggers it.
la In response to Commissioner Moreno, Mr. Wright stated he is not proposing any permanent
lighting.
IE Commissioner Kirkmeyer suggested a new Condition of Approval (COA) #1.A stating, "The
applicant shall submit a Non-Storage Area Plan to the Department of Planning Services for review
and approval."After further discussion regarding the access points, the Board agreed to change
COA #1 E.7 to read, "Show and label the approved accesses (AP#15-00512 and AP#13-0355),
and the appropriate turning radii on the site plan. At no time shall access to Lot B (USR15-0063)
be across Lot A."
E The Board agreed to change Development Standards (DS) #3 and #4 to read "per the
application."
El In response to Chair Freeman, Mr. Wright indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of High Plains Disposal, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0063, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (storage
of piping and equipment in support of oil and gas operations) 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 Cozad. Commissioner Conway encouraged the
applicant to make contact with the surrounding property owners and be a good neighbor to avoid
future problems. Commissioner Kirkmeyer stated she is in support due to the changes made and
applicant to communicate with the neighbors and sh
e thanked the public
she also encouraged the
g9
for coming. Commissioner Moreno echoed his fellow Commissioners regarding appreciation for
the public and encouraging the applicant to follow the good neighbor policy. Chair Freeman
concurred. There being no further discussion, the motion carried unanimously and the hearing
was completed at 11:30 a.m.
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This Certification was approved on the 8th day of February, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditdigov v• �C.GtD• &a--
Mike Freeman, Chair
Weld County Clerk to the Board /
_ Sean P. C•nway, Pro-Tem
BY: (LQk, I' ' " �
D�:� ty Clerk to the Bard ���� '- 4 �2u-O
j J A. Cozad
. . . . ED A t• ARM: 1 (,� ':� i�lr � `! w /6,(_
ara Kirkmeyer
'•unty A ttorney
Steve Moreno
Date of signature:
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