HomeMy WebLinkAbout20152765.tiff HEARING CERTIFICATION
DOCKET NO. 2015-77
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0017, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE AND SALES OF NEW AND USED OILFIELD EQUIPMENT,
PRIMARILY GAS/OIL SEPARATORS AND COMBUSTORS AND LIMITED
EQUIPMENT MAINTENANCE, PRIMARILY OIL/TIRE CHANGES AND MINOR
MECHANICAL MAINTENANCE) 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; TWO (2) WAREHOUSE/STORAGE BUILDINGS; TWO (2) MODULAR
OFFICES AND A 35-FOOT IN HEIGHT COMMUNICATION TOWER IN THE
A (AGRICULTURAL) ZONE DISTRICT-WPD STORAGE, LLC
A public hearing was conducted on August 19, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Kim Ogle
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 July 17, 2015, and duly published
July 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of
WPD Storage, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0077, for any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (storage and sales of new and used
oilfield equipment, primarily gas/oil separators and combustors and limited equipment
maintenance, primarily oil/tire changes and minor mechanical maintenance) 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; two (2) warehouse/storage
buildings; two (2) modular offices and a 35-foot in height Communication Tower in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Kirkmeyer advised Ethan Watel, representing the applicant, that, since
Commissioner Moreno was not able to be present, he had the option of continuing this matter to
a date with the full Board present. However, if he decides to proceed today, it will require three
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affirmative votes, or in the case of a tie vote, Commissioner Moreno will listen to the record and
make the determining vote. Mr. Watel indicated he would like to proceed
el Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and stated the site is located within the three (3) mile referral area of the Towns of Gilcrest,
Milliken and Platteville; and, it is within the Town of Gilcrest's Intergovernmental Agreement
Areawith Weld County. Mr. Ogle reported based on the referral response dated May 29, 2015,
the Town of Gilcrest has no conflict with this proposal, is not interested in annexation or a
pre-annexation agreement at this time, and is not opposed to the development. He further
reported the Town of Milliken cited no concerns and the Town of Platteville did not respond.
The proposed facility is located on approximately 46 acres of prime agricultural land and has
historically held a center pivot irrigation; however, at this time there is no irrigation associated
with this land. He reviewed the surrounding land uses, the other USRs in the area, and the
location of the closest residences. Mr. Ogle stated there were no inquiries or concerns received
regarding this application. He further explained the closest residence will be heavily buffered
with plant material, the site is secured with a fence, and access is controlled with a lock and key
gate only open during daylight hours. Mr. Ogle stated there were twelve referrals sent out with
six responses returned containing no comments and two returned with comments that have
been taken into consideration by staff. He displayed images of the site, surrounding views and
properties and entered the favorable recommendation of the Planning Commission into the
record as written.
• Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements and the local roads impacted by this USR. He stated
there are no traffic counts available and a traffic narrative was submitted indicating
approximately ten (10) truck and six (6) car round trips per day, with the traffic routes
delineated. He reported an Access Permit was approved, #AP15-00371, entrance gates will be
utilized, and staff is requiring a 100-foot setback to allow trucks to pull off the road without
creating a safety hazard. He further stated traffic control is required; however, an Improvements
Agreement will not be required due to the low volume of truck traffic. Mr. Howard reviewed the
drainage narrative and stated a Weld County Grading Permit will be required if disturbing more
than an acre.
• Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the applicant can use portable toilets for drivers and when the
office building is constructed, the Central Weld Water Conservancy District will provide water
service and a commercial septic will be used. She further stated there will be no washing of
vehicles or equipment on-site, the storage will be secured in secondary containment, and
Development Standards 7-14 address typical environmental health items.
• Mr. Watel stated the facility will be used for storing new oilfield equipment and will be
leased to Anadarko Petroleum Corporation to operate the yard while ownership is retained by
WPD Storage. He displayed a PowerPoint presentation and described the location and
accesses, and mentioned there is a new pipeline installed by Saddle Butte on this property and
two existing oil and gas wells operated by PDC. Mr. Watel continued to describe the
surrounding views, proposed office location, access being controlled and monitored by an
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electronic gate, and the possibility of a communications tower. He also explained the storage of
the diesel tank and propane tank are for Anadarko's use only. He reviewed the proposed
buildings, lighting, landscape buffers, and security fence. Mr. Watel described in more detail the
drainage design, main access route and possible traffic on State Highway 60, number of
employees and maximum truck trips, and surrounding land uses. Lastly, he conveyed that
Anadarko may close several of the other storage yards in hopes of using this more compatible
and central location. In response to Commissioner Conway, Mr. Watel confirmed the current
owner purchased the water rights and it is part of the augmentation plan.
• No public testimony was offered concerning this matter.
• In response to Commissioner Conway, Mr. Watel stated the farmer decided not to farm
any longer and sold the property. In response to Chair Kirkmeyer, he clarified the intent is to add
some landscaping and seed to help with dust abatement but they are not intending to farm. He
verified the entire property is 54 acres, including the buffer areas. In response to Commissioner
Freeman, Mr. Watel stated there were agricultural uses at the location last summer but
currently, it has been mowed.
El In response to Commissioner Cozad, Mr. Watel described the landscaping planned for the
buffered areas, the plan to seed the other areas with a native drought resistant grass, and
stated no further landscaping has been proposed. He described the proposed fencing as a
seven-foot chain link fence with three-strand barbed wire on top angled in for security.
IR Commissioner Cozad stated her appreciation for the fact the applicant is working with the
neighbor; however, she emphasized the need for further landscaping to provide visual buffering
for the traveling public on U.S. Highway 85.
El In response to Commissioner Conway, Mr. Watel stated the landowner spoke to the
nearest resident and they had no concerns.
• In response to Chair Kirkmeyer, Mr. Watel stated there is an existing well to water the
buffer zone. Chair Kirkmeyer explained due to closures, the traffic may need to access State
Highway 60, instead of a primary haul route to U.S. Highway 85 because of the congestion
already at that interchange. She also expressed her agreement with Commissioner Cozad for
more buffering for the property line adjacent to U.S. Highway 85 and for the adjacent neighbors.
• In response to Chair Kirkmeyer, Mr. Watel indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards.
In response to Commissioner Cozad, Mr. Howard explained the Condition of Approval
(COA) #1.B.9 is typical, to which Commissioner Cozad recommended since the volume is
currently unknown that it be modified to read, "...no-build or storage area including the volume."
She further suggested changing Development Standard (DS) #5 to 6 employees based on what
was stated in the presentation. Commissioner Conway agreed the number of employees needs
to account for future growth as well. Commissioner Cozad added she does not think there
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needs to be an additional COA regarding landscaping. Commissioner Conway responded
regarding the chain-link fence and direction for buffering and screening with landscaping along
U.S. Highway 85. After discussion, the Board agreed to implement a new COA #1.B.12 to read,
"Show and label approved buffering and landscaping to the north and east, adjacent to U.S.
Highway 85." In response to Chair Kirkmeyer, Mr. Ogle clarified the equipment being stored
and the referral regarding the Office of Emergency Management.
Mr. Howard clarified COA #1.6.6 could be removed as the condition has been met. Chair
Kirkmeyer recommended keeping it. Mr. Howard further requested that COA#1.B.9 be replaced
to read, "Show and label the approved detention or drainage pond as required." The Board
agreed with all changes as discussed.
CI In response to Chair Kirkmeyer, Mr. Watel indicated he has reviewed, and agrees to abide
by the Conditions of Approval and Development Standards, as amended. In response to Chair
Kirkmeyer, Mr. Watel requested the number of employees be changed from five to ten on DS #5
so long as it does not trigger an Improvements Agreement. Mr. Howard verified it would not.
The Board agreed to the change. Mr. Watel further stated he agrees with the condition
regarding more landscaping and buffering and assured the Board that both the applicant and
Anadarko desire to be good neighbors. Bruce Barker, County Attorney, interjected a correction
to the wording of new COA#1.B.12. The Board agreed.
In response to Chair Kirkmeyer, Mr. Watel indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of WPD Storage, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0077, for any Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage and sales of new and used oilfield equipment, primarily gas/oil
separators and combustors and limited equipment maintenance, primarily oil/tire changes and
minor mechanical maintenance) 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; two (2) warehouse/storage buildings; two (2) modular offices and a
35-foot in height Communication 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 Conway, and it carried unanimously. Commissioner Conway
stated the importance of this facility representing visual expectations and continuing to be a
good neighbor. There being no further discussion, the hearing was completed at 11:08 a.m.
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This Certification was approved on the 24th day of August, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: ,./.�Gw4N JCrL[o;‘,k Ji gil-
arbara Kirkmey r, Chair
Weld County Clerk to the Board
/ , \ j
Freeman, Pro-Tem
I
Dep ty Clerk to the Board
P. Conw y 1
cf.)
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Julie A. Cozad
EXCUSED
Steve Moreno
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