HomeMy WebLinkAbout20133226.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0044
APPLICANT: AUSTIN PEITZ, C/O CRESA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE (TWO 8,000 S.F. SHOP/OFFICE
BUILDINGS, A MOBILE HOME FOR SECURITY HOUSING, A DIESEL FUELING
AREA, A PROPANE TANK, AND PARKING, STORAGE AND MAINTENANCE OF
FRAC HEATING TRUCKS, HOT OIL HEATING TRUCKS, PROPANE TANK
TRUCKS AND WATER TRANSPORT TRUCKS) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX11-0036; PART SW4 SECTION 30, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 40; WEST OF AND ADJACENT TO CR 25.5.
be recommended unfavorably to the Board of County Commissioners 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 Planning Commission that the applicant has not shown compliance with Section
22-2-90.
A. The purpose of commercial development Goals is to characterize, by intensity, those areas
throughout the County for retail, offices, services and other similar uses. Commercial uses
are primarily located along major roadways, at major intersections and in commercial parks
designed to accommodate these uses. When of an appropriate scale that accounts for
pedestrians and public space, limited commercial activity is also appropriate within
neighborhoods.
C. Generally, commercial development is located within or adjacent to existing urban areas.
E. Neighborhood commercial development provides locations for uses that supply
conveniences, goods and services for residents of the immediate area. It should typically link
to transportation networks, while minimizing traffic and parking problems for the adjacent
residences and promoting compatibility between such commercial areas and nearby
residential areas. The design, scale and scope of commercial facilities are particularly
important when neighborhood commercial uses are planned. (Weld County Code Ordinance
2002-6; Weld County Code Ordinance 2008-13)
3. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. County
Road 40 borders the site on the south and County Road 25.5 borders the site on the east.
The property to the north is a rural residential lot and the adjacent land to the west is
cropland. The closest residence is approximately twenty (20) feet west of the west property
line.
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.
EXHIBIT
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 2
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and
approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in
part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties." (Department of Planning Services)
B. The applicant shall submit a Signage Plan to the Department of Planning Services for review and
approval. The quantity, size and location of the signs shall comply with Chapter 23 Division 2,
Appendix 23-C and Appendix 23-D. (Department of Planning Services)
C. The applicant has submitted a screening plan that includes a 6 -foot chain -link fence with privacy
slats along the northern section. The applicant shall submit a revised screening plan that shows
the 6 -foot chain -link fence with privacy slats surrounding the entire property. (Department of
Planning Services)
D. The applicant has submitted a Parking Plan that includes 20 parking spaces for employees and
12 parking spaces for oil, gas, and water trucks. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation (CDOT), as stated in the referral response dated October 29, 2013. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Planning Services and CDOT)
F. The applicant shall submit a traffic impact study to the Public Works Department for review and
approval. (Department of Public Works)
G. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Department of Public Works)
H. An Improvements and road maintenance agreement for offsite improvements is required for this
site. Road maintenance including dust control, damage repair, and triggers for improvements will
be included. (Department of Public Works)
I. The applicant shall submit documentation that the secondary containment for the aboveground
fuel tanks complies with the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section's Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of
Public Health and Environment)
J. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado
Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground
storage tanks located on the site. Alternately, the applicant can provide evidence from the
(CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of
Public Health and Environment)
K. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment, in accordance with Section 3-6 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as
well as EPA regulations (40 CFR Part 112). (Department of Public Health and Environment)
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 3
L. The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1) The waste handler and facility where refuse (trash and garbage) will be disposed (including
the waste handler and disposal facility name, address, and phone number).
2) The addresses and phone numbers of the companies disposing the wash bay and shop floor
drain waste, and the used vehicle fluids.
3) Disposal or recycling of other wastes generated from vehicle and equipment maintenance
and repairs, such as batteries, tires, other scrap parts (including the waste handler and
disposal facility name, address, and phone number)
(Department of Public Health and Environment)
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0044. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The plat shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights -of -way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Landscaping/Screening Plan. (Department of Planning Services)
6) The approved Parking Plan. (Department of Planning Services)
7) The approved Lighting Plan. (Department of Planning Services)
8) The approved Signage Plan. (Department of Planning Services)
9) County Road 40 is designated on the Weld County Road Classification Plan as a local road,
which requires 60 feet of right-of-way at full build -out. The applicant shall verify and delineate
on the plat the existing right-of-way and the documents creating the 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 Public Works)
10) County Road 25.5 is designated on the Weld County Road Classification Plan as a local
road, which requires 60 feet of right-of-way at full build -out. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the 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 Public Works)
11) Show the approved accesses on the plat and label with the approved access permit number
(will be provided). (Department of Public Works)
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 4
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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 plat
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 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 orArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maosa.co.weld.co. (Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
a. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and Environment)
b. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
7. 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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 5
VOTE:
For Denial
Bruce Sparrow
Jason Maxey
Joyce Smock
Michael Wailes
Nick Berryman
Against Denial Absent
Jordan Jemiola
Mark Lawley
Benjamin Hansford
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 5, 2013.
Dated the 5th of November, 2013.
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.11.08 14:19:05 -07'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heat Waves Hot Oil Services
USR13-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0044, for Mineral
Resource Development Facilities including Oil and Gas Support and Service (two 8,000 square foot
shop/office buildings, a mobile home for security housing, a diesel fueling area, a propane tank, and
parking, storage, and maintenance of frac heating trucks, hot oil heating trucks, propane tank trucks
and water transport trucks) in the A (Agricultural) Zone District, 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 number of on -site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning
Services)
4. The hours of operation are 24 hours a day 7 days, as stated by the applicant(s). (Department of
Planning Services)
5. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance with
the approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of Planning
Services)
6. 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. (Department of Public Works)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
9. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
11. 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., as amended. (Department of Public Health and Environment)
12. 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 facility
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
13. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
RESOLUTION USR13-0044
AUSTIN PEITZ, C/0 CRESA
PAGE 7
14. 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)
15. Floor drain wastes in vehicle maintenance facility 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)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing public water supply (Central Weld County Water District). (Department of
Public Health and Environment)
20. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
21. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
22. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
23. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
24. 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)
25. 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)
26. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 8
28. 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
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.
29. 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.
30. 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.
31. 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.
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.
RESOLUTION USR13-0044
AUSTIN PEITZ, C/O CRESA
PAGE 9
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.
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Ms. Aungst outlined the types of signs allowed in the agricultural zone district.
Commissioner Maxey said that he appreciated the effort from the applicant on working with the neighbors
with the sign and hopes that something can be mutually accepted but he doesn't feel it is necessary.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0047 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
The Chair called a recess at 2:49 pm and reconvened the hearing at 3:02 pm.
CASE NUMBER: USR13-0044
APPLICANT: AUSTIN PEITZ, C/O CRESA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO 8,000 S.F.
SHOP/OFFICE BUILDINGS, A MOBILE HOME FOR SECURITY HOUSING, A
DIESEL FUELING AREA, A PROPANE TANK, AND PARKING, STORAGE AND
MAINTENANCE OF FRAC HEATING TRUCKS, HOT OIL HEATING TRUCKS,
PROPANE TANK TRUCKS AND WATER TRANSPORT TRUCKS) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX11-0036; PART SW4 SECTION 30, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 40; WEST OF AND ADJACENT TO CR
25.5.
Diana Aungst, Planning Services, presented Case USR13-0044, reading the recommendation and
comments into the record. Staff has received 30 letters of opposition outlining concerns of noise, dust,
traffic, hours of operation, decreased property values and fire control. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Maxey and Commissioner Smock noted for the record that they have visited the site and
provided field check forms to staff.
Commissioner Jemiola stated that he serves on the Milliken Town Board and noted that he had no part of
the Milliken referral that was returned to the County. He feels that he can make a fair and unbiased
decision in this matter.
Commissioner Wailes noted that he knows a number of the surrounding property owners who are in
opposition but feels that he can vote on an impartial basis. Commissioner Maxey clarified if he had any
conversations with the individuals about this case. Mr. Wailes stated he did not have any conversations
with them.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Maxey asked Public Works for explanation on turn lanes onto Highway 60 since CDOT
stated that the applicant would need to have a Traffic Impact Study done. Ms. Petrik said that she will
4
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need to talk with CDOT. She added that in the CDOT referral they are requiring an Access Permit but if a
Traffic Study is required in order to review the Access Permit then they will work through that requirement.
Commissioner Wailes referred to a letter submitted by a surrounding property owner concerned with the
proposed retention pond on the property. Ms. Petrik said that the applicant will be required to meet the
State Water Law that states they are not allowed to hold the water for more than 72 hours. This will need
to be included in their Drainage Report.
Randy Hurlburt stated that he represents the applicant, Austin Peitz. He stated that the applicant has
owned this property for a couple of years and is employed with Heat Waves Hot Oil Services. He added
that they are currently located in Platteville and are outgrowing this location.
Mr. Hurlburt said that the retention pond would percolate within 48 hours so there should be no concerns
regarding breeding of mosquitoes. He said that with regard to equipment, there will be 31 units accessing
the site. He added that this does not include the 20 employee vehicles.
Mr. Hurlburt said that they have attempted to contact CDOT but unfortunately they haven't been able to
reach them. He said that the size of most of the trucks are similar to what is used in the farming industry.
He said that they are willing to be good neighbors and are willing to screen the property from the
surrounding property owners.
Commissioner Maxey asked if they are proposing any vegetation for landscaping. Mr. Hurlburt said that
they haven't proposed any landscaping but that they are agreeable to the slats for screening.
Commissioner Maxey asked if the applicants tried to contact any of the neighbors or had any outreach
after finding out the opposition to this case. Mr. Hurlburt replied that they did not.
Austin Peitz, 16501 N. Essex, Platteville, Colorado. Commissioner Maxey said that it appears it is used
for farming and asked if it was being used for crops. Mr. Peitz said that when he purchased the property
he intended to build his home. He added that due to family circumstances he needed to purchase a
home immediately and posted this property for sale. Because the company he works for is growing he
thought this would be a good option. Mr. Peitz said that there was wheat on the property but in order to
keep weeds down he mowed it. He added that no crops have been planted since last spring.
Commissioner Wailes asked if this property is currently on the market. Mr. Peitz replied yes.
Ms. Petrik provided a brief outline on the drainage report submitted by the applicants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Derek Ellis and Hillary Ellis, 19189 CR 25.5. Mr. Ellis asked if 70 units per day included the employee
vehicles. They expressed concern with the trucks making the turns from Highway 60 onto County Road
40. He said that the property value is a big question. When they purchased their property they were told
that Mr. Peitz was building a home.
Mr. Ellis cited Section 22-2-90 which provides guidelines on what commercial development is. He added
that there no major roadways or commercial park in proximity to the site. The nearest commercial
business is A&W Water.
Mr. Ellis cited Section 23-2-240 regarding egress. They emphasized that a traffic study needs to be done
because it is unsafe at the intersection of County Road 40 and Highway 60. Additionally, Mr. Ellis said
that they would like to see a fire mitigation system to ensure safety and added that they are concerned
about the 24/7 operation with the surrounding residential homes.
Pat Paul, 12854 CR 40, said that County Road 40 cannot carry the weight of these trucks. She
expressed concern for the animals staring at the welders and the damage it will do to their eyes. She
said that these are farm to market roads and not made for this type of activity. Additionally, she is
concerned with noise and lighting.
5
Byron Schmunk, 19414 CR 25, stated that County Road 40 is a two-lane dirt road and during farming you
need to yield to farm equipment. Mr. Schmunk said that he has talked to the landowner of the farm and
he indicated that he offered to purchase Mr. Peitz property back. Additionally, Mr. Schmunk said that
there is a convenance on that farm that states only a stick -built residence is allowed.
Isabell Vargo, 18847 CR 25.5, stated that she lives across from the site. She stated that the trucks will
not make the turn at the intersection of County Road 40 and Highway 60. Additionally, she expressed
concern for her animals and the noise from the trucks.
Daniel Stout, 1149 CR 40.5, stated that he is opposed to this facility due to traffic concerns. He said that
the trucks will not make the turn from County Road 40 onto Highway 60.
Cindy Lips, 19117 CR 25.5, stated that she lives closest to the proposed facility. She said that they raise
animals on her property. She said that Mr. Peitz had planned to build a home and added that when the
property was being overrun with weeds she offered to fence the property off for her animals to graze but
did not receive a call back. She said the closest corner of her home is 16.5 feet from Mr. Peitz property
line. Ms. Lips expressed concerns regarding noise, odor, truck traffic, and traffic safety.
The Chair called a recess at 5:04 pm and reconvened the hearing at 5:13 pm.
Robert Birdseye, 19117 CR 25.5, stated that he is a truck driver and added that you cannot turn onto
County Road 40 with commercial trucks. He is in opposition to this proposal because it is incompatible
with the surrounding area.
Sheryl Weigandt, 19619 CR 25.5, stated that she is in opposition to this facility and expressed concerns
regarding traffic, dust and wear on County Road 40. She added that there will be a lot of extra traffic and
would like to see the community stay as an agricultural community.
Gale Scott, 11496 CR 40, stated that there is no commercial property in this area. She is concerned that
it is changing from a farming and rural residential area to a commercial area.
Mr. Peitz appreciated all the comments that were said and added that he intended to build a home for his
family. The property lines were drawn prior to when he purchased the parcel. The offers he received
were less than what he owed on the property. He said that they are trying to do everything right and will
comply with all the rules.
Mr. Hurlburt said that they intend to visit with CDOT on further direction regarding the traffic study. With
regard to lighting, Mr. Hurlburt said that they will submit an engineered lighting plan and added that they
do not intend to spill any light off -site.
The Chair asked staff to explain the traffic study requirements. Ms. Petrik said that 100 round trips
require a traffic study. She added that CDOT did mention the requirement of a traffic study in their
referral; therefore they can request a traffic study be provided. Ms. Petrik stated that they will work with
CDOT on any improvements that are required at the intersection of Highway 60 and County Road 40.
Additionally, the legal weight limit on county roads is 85,000 pounds and if the road is damaged there is a
road maintenance agreement that would state they are responsible for any damage.
Commissioner Maxey asked the applicants if they looked at any other sites. Mr. Hurlburt said that they
have looked for the past year but haven't found anything so since this was readily available they felt it
was a good opportunity.
The Chair asked if there was a referral from the fire department. Ms. Aungst said that she tried to get
comments from the fire district but was not successful; however she hopes to have them prior to Board of
County Commissioners hearing. She did receive an email on Saturday from the Platteville-Gilcrest Fire
Protection District with a list of questions. She forwarded the email to Mr. Hurlburt and requested that he
contact the Fire District and answer these questions. She added that there is a condition of approval that
all building permits will need to have fire district approval prior to issuance of the building permits.
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The Chair asked staff to explain noise restrictions. Ms. Evett said that the applicants will need to meet
the commercial and residential levels which are 55 decibels during the day.
The Chair clarified if the applicant is required to submit a lighting plan. Ms. Aungst said that it is required;
however they haven't received a plan yet.
Commissioner Maxey stated that he feels that a traffic study is warranted.
Motion: Add Condition of Approval 1.F that requires a traffic study be provided, Moved by Jason Maxey,
Seconded by Jordan Jemiola. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola. Motion died due to lack of second motion.
Motion: Forward Case USR13-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial,
Moved by Jason Maxey, Seconded by Nick Berryman.
Commissioner Maxey commented that he feels this request is industrial in natural and that it is
incompatible with surrounding land uses. He cited Section 23-2-220.A.3 regarding compatibility.
Commissioner Sparrow commented that he feels the landowners have the right to do what they want with
their property; however he believes that in this case the neighbors lose part of their property rights by this
proposal.
Commissioner Wailes concurred with Mr. Maxey and Mr. Sparrow and added that he supports private
property rights. He doesn't believe that they would be able to mitigate enough of the factors that are
causing a problem for a worthwhile enterprise for the applicants.
Commissioner Jemiola said that he doesn't believe that you have a right to a "view" and that traffic
concerns could be mitigated with a traffic study.
Commissioner Smock cited Section 22-2-90 regarding compatibility and feels that the applicant is sincere
with his desire to do what is correct. She believes that compatibility is the issue and it is not compatible
with the surrounding area.
Commissioner Berryman agreed with Mr. Maxey and cited Section 23-2-220.A.3 regarding compatibility
with surrounding land uses. He believes this is a rural agricultural area. He believes this business would
be better located closer to a well -traveled paved road and an existing commercial or industrial zoned
property.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Michael Wailes, Nick Berryman.
No: Jordan Jemiola, Mark Lawley.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR13-0032
13-0032
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS
THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
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