HomeMy WebLinkAbout20153712.tiff HEARING CERTIFICATION
DOCKET NO.2015-108
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0040, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW, IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING AND STAGING AREA FOR A TRUCKING AND
CONSTRUCTION BUSINESS, ALONG WITH TRANSLOADING OF FLYASH),
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 IN THE A (AGRICULTURAL)
ZONE DISTRICT—W3 LEGACY,LLC
A public hearing was conducted on November 25,2015,at 10:00 a.m.,with the following present:
Commissioner Barbara Kirkmeyer,Chair
Commissioner Mike Freeman,Pro-Tem
Commissioner Sean P.Conway
Commissioner Julie A.Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board,Tisa Juanicorena
County Attorney,Bruce Barker
Planning Services Department representative,Chris Gathman
Planning Services Engineer representative,Wayne Howard
Health Department representative,Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated October 16, 2015, and duly published
October 21,2015,in the Greeley Tribune,a public hearing was conducted to consider the request
of W3 Legacy, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0040,for any Use permitted as a Use by Right,Accessory Use,or Use by Special Review
in the Commercial or Industrial Zone Districts (parking and staging area for a trucking and
construction business,along with transloading of flyash),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 in the A(Agricultural) Zone District. Bruce Barker, County
Attorney,made this a matter of record.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the location relevant to County Road(CR)13 and CR 56 due to the site being
accessed from CR 56.The railroad spur that W3 Legacy is proposing will be located off of the
Great Western Railroad and he reviewed the business operations, equipment and hours. Mr.
Gathman clarified the site borders the Union Pacific Railroad on the north and the Great Western
Railroad on the south,and is bordered by cropland on all sides.He stated the nearest residence
is 1,100 feet to the north.He reported that staff did receive correspondence prior to and following
Planning Commission. Mr. Gathman stated the applicant held a meeting with the CLR-34
Neighborhood Association in hopes of mitigating concerns. He listed the concerns received by
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correspondence included concerns with the flyash component, haul route, and traffic. Mr.
Gathman reviewed a number of the Development Standards and Conditions of Approval to
address these concerns. He stated staff sent out 17 referrals and received ten (10) responses
with no comments or recommending approval with conditions. He reported the site to be located
within the three (3) mile referral areas of the City of Greeley, and the Towns of Johnstown and
Windsor, which had no concerns or did not respond. He conveyed the Town of Windsor and City
of Greeley responded with no concerns and the Town of Johnstown did not return a referral
response. Mr. Gathman 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 Cozad, he clarified the existing SUP (Special Use Permit) for the feedlot will be
vacated.
le Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements and stated the applicant has an approved Access
Permit, AP#15-00293, with access to the site from CR 56 which is a gravel road requiring 60 feet
of right-of-way. He mentioned the public has submitted concerns regarding the narrow portions
of this road and he forwarded those concerns to the Department of Public Works. Mr. Howard
stated there are no current traffic counts available and the applicant's traffic narrative indicated
approximately 20 truck trips per day and 26 employee vehicle round trips per day. He reviewed
the haul routes, requirements for tracking control, and stated an Improvements Agreement is not
required. He also communicated the site meets the exemption stipulations regarding drainage
and if they are disturbing more than one (1) acre, a Weld County Grading permit will be required.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the office will have a septic system that must be installed prior to the office
being utilized and Little Thompson Water District will provide water services. She stated portable
toilets can be used for drivers and there will be no vehicle maintenance or washing of vehicles
on-site. Ms. Light clarified the building will be used for storage only, an air emissions permit will
be required, the noise is restricted to the Non-specified Zone, and because there will be a fueling
station on-site the applicant will be required to permit the fuel tanks through the State and have a
Spill Control and Countermeasure Plan (SPCC) on-site. She stated Development Standards (DS)
11-20 address typical items related to Environmental Health and that Ben Frissell is available to
address questions regarding waste.
le Tim Naylor, AGPROfessionals, represented the applicant, reported good results from the
meeting with CLR-34, and began with a PowerPoint presentation stating this application is for a
satellite operation linked with the main hub in Fort Morgan. He mentioned the applicant is planning
to add a rail spur,flyash storage tanks, and fuel tanks on-site. He added the applicant has attained
the Air Pollution Emissions Permits from the State, no signs will be posted, and all lights will be
shielded. Mr. Naylor displayed an aerial map, pointed out the location in reference to existing
railroads and adjacent land use, of which the majority are agricultural, with some USRs in the
area. He reviewed the site plan, use of an existing access, buildings on-site, feedlot being
removed, silos on south end, and stated the existing feed bins and silos will be repurposed for
flyash storage. Mr. Naylor addressed the detention and water pond feature related to water runoff
containing sediment from the facility, defined flyash and its benefits, and reviewed how it is
handled by vacuum systems. He addressed traffic concerns and stated the applicant was willing
to mitigate by limiting the maximum number of trucks to 20 per day, set haul routes in
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consideration of the surrounding property owners, and reduce the speed limit to minimize dust.
He summarized how the application meets County code requirements, stated the site is not within
any overlay districts, and it is not prime farmland. He further reviewed the applicant's efforts to
make adequate provisions to protect the health safety and welfare of the citizens of the county,
and listed the benefits for approving the USR. In response to Commissioner Cozad, Mr. Naylor
listed the surrounding property owners that attended the outreach meeting.
John Cummings, surrounding property owner representing the neighborhood association
group, CLR-34, and stated W3 Legacy and AGPROfessionals exhibited great character. He
spoke in support of the application based on the positive experience with these companies and
the willingness to mitigate the concerns of the surrounding property owners. He reviewed the
mitigation details and conveyed the collective appreciation for these efforts. Chair Kirkmeyer
expressed her thanks to the surrounding property owners for their efforts to cooperate and
mitigate concerns to a positive outcome. Commissioners Moreno, Conway, Cozad and Freeman
echoed Chair Kirkmeyer with expressions of appreciation.
Dave Kisker, CLR-34, stated his appreciation for the mitigation and offered his support for
the application. Commissioner Conway expressed his thanks to Mr. Kisker for working with the
applicant.
Janet Ross, surrounding property owner, stated it was a breath of fresh air to work with
AGPROfessionals and Legacy as they were willing to listen and address concerns. She
recommended approval. Chair Kirkmeyer reiterated her appreciation for the positive outcome.
The other Commissioners concurred.
In response to Chair Kirkmeyer, Mr. Naylor indicated they have reviewed the Conditions of
Approval and Development Standards and have no concerns.
The Board collectively discussed amongst themselves and staff any and all changes to the
Resolution resulting in deleting Condition of Approval (COA) #1.C.11 regarding building
envelopes, inserting a new COA #1.C regarding the vacation of SUP-154 and renumbering
thereafter, changing COA #1.D.4 to indicate trees and shrubs along the west property line, and
lastly, to add a new Development Standard (DS) #5 regarding the specific haul route from CR 56
to CR 13.
e In response to Chair Kirkmeyer, Mr. Naylor on behalf of W3 Legacy, LLC, indicated they
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended. Mr. Naylor stated in his experience it is nice when there is a group that will listen
and help to mitigate and compromise, and he expressed his appreciation for their efforts.
El Commissioner Conway moved to approve the request of W3 Legacy, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0040, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and staging area for a trucking and construction business, along with
transloading of flyash), provided that the property is not a lot in an approved or recorded
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subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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, and
it carried unanimously.
El Commissioner Moreno stated his appreciation for this example of how different parties can
compromise and work through mitigation. Commissioners Conway, Freeman and Cozad added
their comments and wished everyone a Happy Thanksgiving. There being no further discussion,
the hearing was completed at 10:56 a.m.
This Certification was approved on the 30th day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dez4v CL apdo ve EXCUSED DAY OF APPROVAL
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board Y
rr /� Mike Freeman, Pro-Tern
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De•4 Clerk to the B rd �►!U1N �
EIL/�J Sean P. Conwa
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1' -' Steve Moreno
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