HomeMy WebLinkAbout20161102.tiff s86,vat LAND USE APPLICATION
SUMMARY SHEET
2G O U N
Planner: Kim Ogle Hearing Date: March 1 , 2016
Case Number: USR15-0079
Applicant: RLU Holdings, LLC, P.O. Box 599, Douglas, WY 82633; c/o Stephanie Underwood
Request: A Site Specific Development Plan and Use by Special Review Permit 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. )
Legal Lot A of Recorded Exemption RE-4306 being part of the NE4 of Section 30, T4N , R65W
Description: of the 6th P. M . , Weld County, CO
Location: West of and adjacent to County Road 39; Approximately 275 feet south of County Road
42
Size of Parcel: +/- 34.06 acres Parcel No. 1055-30-1 -00-028
The criterion for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
) Central Weld County Water District, referral dated January 12, 2016
r Weld County Department of Public Health and Environment, referral dated January 22, 2016
Evans #2 Ditch, referral dated February 2, 2016
➢ Platte Valley Irrigation Company, referral dated February 2, 2016
Y Weld County Department of Planning Services — Engineering, referral dated February 4, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated January 5, 2016
➢ Weld County Department of Public Works - Access, referral dated January 7, 2016
✓ West Greeley Soil Conservation District, referral dated January 11 , 2016
➢ Weld County Schools, RE- 1 , referral dated January 11 , 2016
✓ Weld County Sheriff's Office, referral dated January 22, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
r Weld County Department of Building Inspection
• Northern Colorado Water Conservation District
• LaSalle-Gilcrest Fire Protection District
r Noble Energy, Inc.
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 1 of 11
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Planner: Kim Ogle Hearing Date: March 1 , 2016
Case Number: USR15-0079
Applicant: RLU Holdings, LLC, P.O. Box 599, Douglas, WY 82633; c/o Stephanie Underwood
Request: A Site Specific Development Plan and Use by Special Review Permit 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. )
Legal Lot A of Recorded Exemption RE-4306 being pad of the NE4 of Section 30, T4N ,
Description: R65W of the 6th P. M . , Weld County, CO
Location: West of and adjacent to County Road 39; Approximately 275 feet south of County
Road 42
Size of Parcel: +/- 34.06 acres Parcel No. 1055-30-1 -00-028
Case Summary:
RLU Holdings, LLC, dba Northwinds of Wyoming , Inc. , a pipeline and oil field construction business seeks
to move their business to this location . The property has a single family residence and pad of the site will
be used by Northwinds of Wyoming to park and stage vehicles and equipment, provide maintenance of
equipment and will also have temporary storage of material associated with the business when not at the
job site. The office will employ up to five full time persons, two full time mechanics and one service yard
person. The company employs 50-75 people who will arrive at the site and leave with tools and
equipment for the days' job. The hours of operation are 6:00 AM to 6:00 PM Monday through Saturday.
Initially there will be office job trailers and temporary work quarters on site with future construction within 6
months of application permit approval to include one 60 x 120 SF vehicle storage building ; one 40 x 70
SF dry storage building, and a 75 x 400 SF screened outdoor materials storage and vehicle parking area.
There is an active Zoning Violation, (ZCV15-00140) was noted . This violation was initiated due to the
operation of a commercial business without first completing the necessary Weld County Zoning Permits.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process.
If this application if approved by the Board of County Commissioners and once the Conditions of Approval
have been met and a USR map is recorded, this action will correct this outstanding violation . If this
application is denied , all but 1 (one) Commercial Vehicle shall be removed from the property 30 (thirty)
days from denial or the violation will proceed in court accordingly. Therefore, if denied, staff requests this
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 2 of 11
case to be forwarded to the County Attorney's Office in District Court, but to delay legal action for the 30
(thirty) days referenced above.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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.
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 .
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 3 of 11
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
semi's. 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.
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.
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 4 of 11
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 Department of Planning Services' staff 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.
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)
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 5 of 11
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)
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
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 6 of 11
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
senttomaps@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)
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 7 of 11
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, as stated by the applicant(s).
(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 by the applicant.
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
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 8 of 11
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)
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 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)
18. 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)
19. 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)
20. 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 )
21 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized .
(Planning and Engineering)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Planning-Engineering)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Planning-
Engineering)
24. 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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING. INC., Page 9 of 11
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.
27. 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.
28. 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.
29. 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
30. 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.
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING: INC.; Page 10 of 11
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 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.
USR15-0079, RLU HOLDINGS, INC. dba NORTHWINDS WYOMING: INC.; Page 11 of 11
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p - i FAX: (970) 304-6498
r �
January 25, 2016
UNDERWOOD STEPHANIE
PO BOX 599
DOUGLAS, WY 82633
Subject: USR15-0079 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A 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.
On parcel(s)of land described as:
PART NE4 SECTION 30, T4N, R65W LOTA REC EXEMPT RE-4306 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 1, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 30, 2016 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2016.01.25 16:01:13-0700'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
January 05, 2016
UNDERWOOD STEPHANIE
PO BOX 599
DOUGLAS, WY 82633
Subject: USR15-0079 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT
(ROUST-A-BOUT, PIPELINE CONSTRUCTION, CONSTRUCTION AND EXCAVATING SERVICE) IN
THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART NE4 SECTION 30, T4N, R65W LOT A REC EXEMPT RE-4306 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2016.01.05 09:03:59-0700'
Kim Ogle
Planner
FIELD CHECK- USR 15-0079
Inspection Date: January 29, 2016
Applicant: RLU Holdings, LLC
Request: A Site Specific Development Plan and Use by Special Review Permit 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.)
Legal: Lot A of Recorded Exemption RE-4306 being part of the NE4 of Section 30, T4N, R65W of
the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 39; Approximately 275 feet south of County Road 42
Parcel ID#: 1055-30-1-00-028 Acres: 34.06 +/-
Zoning Land Use
N AGRICULTURE N SINGLE FAMILY RESIDENCE WITH HORSES
E AGRICULTURE E TRUCK STORAGE AND STAGING, USR15-0023
S AGRICULTURE S SINGLE FAMILY RESIDENCE WITH HORSE
BOARDING, USR-662
W AGRICULTURE W PRODUCTION AGRICULTURE
Comments:
Access to the property is via an improved easement south of the irrigation ditch and off of County Road
39 a paved road. The proposed facility has moved onto the property and the construction business is
utilizing the property for a parking, staging and storage area. There is a single family residence on site
that is lived in by the owners' kids and relatives. Aside for the residence there are no other permanent
structures. The field is utilized for the parking of equipment and employee vehicles. There are two
mobile offices on site, both appear to be block and tied and one is skirted. There are two port-a-lets in
the parking area and are anchored to the ground. There are three greater than 500 gallon fuel tanks
stamped with AgLand located south of the office trailers and north of the residence. The site was clean of
trash and debris
tea.l
Signat re
❑ House(s) ❑ Access to Property ❑ Site Distance - Fair
❑ Mobile Office(s) -two ❑ Oil & Gas Structures—Well heads
❑ Ditch --serves as the boundary to the north west and south ❑ Topography -- Flat
Note any commercial business/commercial vehicles that are operating from the site.
Northwinds of Wyoming is currently operating from the property
RLU Holdings, LLC
Northwinds of Wyoming, Inc.
19909 County Rd 39
LaSalle, CO 80645
RE: 19909 CR 39 La Salle, CO 80645
November 11, 2015
Dear Neighbor,
RLU Holdings, LLC and Northwinds of Wyoming, Inc. is new to the area and have purchased the
property near you at 19909 CR 39. We like to introduce ourselves to you, and take the time to get to
know you, and have some input on ideas and concerns you may have on our future plans for the
property.
We are a family owned and operated company based originally in Wyoming. Northwinds has worked in
the oil and gas industry for over 33 years.We work in a number of states throughout the region and look
forward to making another base here in LaSalle.
Currently,we are working on plans to build a shop on the property to house mechanics, small
administrative offices, and equipment.The property will mainly be used as a home base for employees,
materials, and equipment working in the area.
Please feel free to contact us by calling Ryan Underwood or Chad Underwood at 970-716-3197,Alicia
Madia at our corporate office, 307-358-6550 or email one or all of our team/family Ryan Underwood,
Vice- President, at ryan@northwinds.us, Alicia Madia, Corporate Manageratalicia@northwinds.us , and
Chad Underwood, Corporate Asst. Vice- President, at chad@northwinds.us, or just stop by our location
and speak to directly to Chad or Ryan with questions or concerns. We look forward to meeting you.
Sincerely,
Ryan, Chad and Alicia
Northwinds of Wyoming, Inc. and RLU Holdings, LLC
Northwinds of Wyoming, Inc.
Meeting Agenda - USR
November 30, 2015
1:00 P.M.
Type of MeetingUSR— Proposal
Meeting FacilitatorAlicia Madia
AttendeesAlicia Madia, Tanner Burgener, Ryan Underwood, Chad Underwood, Don
Nelson,HarrietBunker, Greg Hiller, Erik Frank, Jim Hitchox, Kim FranT<ed Oste& Alan
Frank
I. Meeting was called to order at 1:15 P.M.
II. Introductions ofattendees
III. Openissues
a) Location of proposed buildingsShop location, storage shop.
b) Ditch Easement Greg Hillerbrought up that there is a 30' easement on the south side
of the ditch easement to get to the property behind ours and asked that we keep that in
mind and open
c) Any tanks (oil tanks or tank farm) going to be buirtlo tanks are going on the
property.
d) Fenchg or tree rows for sound. A lot of discussion about planting a tree row between
our property and the Frank's property to the South so that the view and sound can be
controlled. Erik also visited about if we decide to sell the property down the road he
would be interested in buying the propdhcause of the shop.
e) Lighting was also discussed along with parking. Lighting on the builds will face
downward so that it doesn't shine into the neighbor's yards and parking will be on the
south side of the shop slot it doesn't affect the Frank's.
f) Everyone was interested in the plot map once it is completed and we are happy to share
that once it's done.
g) Nelson and Bunker want to make sure we don't build in front of her office window
with any permeant buildings.
IV. Adjournment-2:30 pm
Hello