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Home My WebLink About20130628.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR12-0073 APPLICANT: MARK ROBERTS JR. PLANNER: TIFFANE JOHNSON REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME LAPSE PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE -51; PART SW4 SECTION 32, T8N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 86 APPROXIMATELY 140 FEET EAST OF CR 15. be recommended favorably 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 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. A.Goal. 7. states: "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-20.G.2. A.Policy 7.2. states: "Conversion of agricultural land 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 Use By Special Review process affords the applicant to opportunity to request a Use by Special Review in the Commercial or Industrial Zone Districts, (research, repairing, manufacturing, fabricating processing, assembling, storage and retail sales of time lapse photo equipment)in the A (Agricultural) Zone District Section 22-2-20.H. A.Goal 8. states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." The Conditions of Approval and Development Standards ensure there are adequate services and facilities are available to accommodate the proposed request. The applicant will coverall costs associated with providing adequate services and facilities. The applicant provided a Letter of Commitment from North Weld County Water District for public water. Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." No correspondence was received from surrounding property owners objecting to the proposed request. Section 22-2-100.E. Goal 5. states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties." ')nl-/)/n.9)� RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 2 Section 22-6-20.A. Goal 1. states: "Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County." Section 22-6-20.B. Goal 2. states: "Support and facilitate public and private economic development efforts that are consistent with the Goals and Policies of the County." Section 22-6-20.C. Goal 3. states: "Economic Development Goals and Policies -Goal 3. Structure land use policies and regulations so that they encourage County -wide economic prosperity and economic growth." The applicant is the sole owner and chief engineer of Harbortronics, has been in business for 13 years. Approval of this application would allow the applicant to increase the utilization of his property with minimal impact to the surrounding area, encourage diversity and promote entrepreneurial ventures available to a worldwide market while providing growth to the local economy. B. Section 23-2-220.A.2 — The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.S., allows for a Site Specific Development Plan and Special Review Permit forA Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial Zone Districts, (research, repairing, manufacturing, fabricating processing, assembling, storage and retail sales of time lapse photo equipment) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions)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. The site is located two miles North of Highway 14 and one mile west of the Larimer/Weld county line just east of the intersection of CR 15 and 86. The subject property, Lot B of RE - 51, is bound on the west, north and east by a ±153 acre tract owned by Anheuser Bush, Inc. and consists of vacant pasture and irrigated cropland land. There is a residence with horses located on the ±153 acre property directly west and adjacent to the subject property. South of the property across CR 86 is the Sage Hill Subdivision, a large lot residential subdivision that currently has one developed lot. Generally, the properties west of County Road 15 are 5-80 acre rural residential parcels, Recorded Exemption lots and three county subdivisions. The properties east of County Road 15 consist of large acreage parcels and Recorded Exemption lots. Within 1.5 miles to the south and east are three approved USRs consisting of a Cabinet Shop Business USR #1103, Hay Stacking Business USR #1531, and a Construction Business USR #1466. The applicant has utilized a Gambrel Barn design for cohesiveness with the surrounding agricultural character and all proposed uses will occur within the barn. No outdoor storage is proposed with the current application. 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 an Urban Growth Boundary or Intergovernmental Agreement area. The site is located within the 3 -mile referral area of Larimer County and the Town of Severance. No referral comments were received from Larimer County or the Town of Severance. RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 3 E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the location decision for the proposed use. The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are improvements on the site already including a single family dwelling unit, 4 outbuildings, and livestocWequestrian facilities. The site is urbanized. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards, Operational Standards, Conditions of Approval, and Development Standards ensure 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall complete a Nonexclusive License Agreement for the use and maintenance of County Road 86 right of way. (condition met 2/19/13) B. The applicant shall address the requirements of the Department of Public Works, as stated in the referral response dated December 17, 2012. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non -transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) D. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR12-0073 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 4 4. The applicant shall delineate the water quality feature on the plat and label as "No Build/Storage Area." Label water quality feature dimensions and required volume. 5. County Road 86 Section Line has 60 feet of unmaintained County line right-of-way. The Non -Exclusive License Agreement recording number shall be noted on the plat. The applicant shall verify the existing 60 feet of right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of right-of-way. 6. Please label the intersection of County Road 15 and County Road 86 as the access point on the plat and label with Access Permit Number AP13-00003. 2. Upon completion of #1 above the applicant shall submit an electronic version or three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Department of Planning Services' Staff. 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 sixty (60) 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 2006-7 approved June 1, 2006, should the plat not be recorded within the required one -hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerterc(�weldaov.com(a�co.weld.co.us. (Department of Planning Services) 5. Prior to issuance of the building permit: A. A commercial building permit will be required for all new construction. A building permit application must be completed and two complete sets of plans including engineered foundation 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. An electrical permit will be required if any site electrical is installed. (Department of Building Inspection) B Buildings and structures shall conform to the requirements of the various codes adopted at the time of the permit application. Currently the following has been adopted by Weld County. 2012 Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code; 2009 ANSI 117.1 Accessibility Code and Chapter 209 of the Weld County Code. (Department of Building Inspection) 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. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 5 Motion seconded by Benjamin Hansford. VOTE: For Passage Against Passage Robert Grand Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Absent Bill Hall 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 February 19, 2013. Dated the 19th of February, 2013. 45\la6nU rqannlun. Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2013.02.21 13:36:29 -07'00' SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR12-0073 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (research, repairing, manufacturing, fabricating processing, assembling, storage and retail sales of time lapse photo equipment) 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. (Harbortronics Time Lapse Photo) 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 limited to 5 as stated in the application material. (Department of Planning Services) 4. The hours of operations shall be limited to 8:00 am — 5:00 pm Monday — Friday as stated in the application material. (Department of Planning Services) 5. The site shall be maintained in accordance with the approved Site Plan, Landscape Plan, and Lighting Plan. (Department of Planning Services) 6. All signs shall be in compliance with the Weld County Code. 7. 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) 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., as amended. (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 the approved "waste handling plan" at all times. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. 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) 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 14. 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) 15. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 7 16. The facility shall utilize the existing public water supply. (North Weld County Water District) (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. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 19. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 22. 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 constructed as traffic control devices. (Department of Planning Services) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 24. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 25. 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. (Department of Planning Services) 26. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 27. The 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. (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. (Department of Planning Services) RESOLUTION USR12-0073 MARK ROBERTS JR. PAGE 8 29. 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. 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. (Department of Planning Services) Ms. Aungst recommended amending Development Standard to read "Prior to any portion of the building being leased to another construction company in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an amendment to the Use by Special Review application." Motion: Amend Development Standard 7 as stated by staff, Moved by Robert Grand, Seconded by Nick Berryman. Motion passed 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 USR12-0078 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 Robert Grand, Seconded by Joyce Smock. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0073 APPLICANT: MARK ROBERTS JR. PLANNER: TIFFANE JOHNSON REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME LAPSE PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE -51; PART SW4 SECTION 32, T8N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 86 APPROXIMATELY 140 FEET EAST OF CR 15. Tiffane Johnson, Planning Services, presented Case USR12-0073, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Ms. Johnson stated that the applicant has met Condition of Approval 1.A. Commissioner Maxey noted that he visited the site and provided a site field check to the County Attorney. Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Mark Roberts, 7113 CR 86, stated that he has operated a light manufacturing business for 13 years making time lapse photo equipment. He added that it is a low impact business. The business is currently in Fort Collins and would like to move it onto the property that he resides. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. ;Q1 3-00a Motion: Forward Case USR12-0073 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 Robert Grand, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR12-0075 PLAINS MARKETING, LP KIM OGLE A SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING TRANSLOADING OF A COMMODITY FROM ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE TRANSLOADING OF COMMODITIIES AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, THE CONSTRUCTION OF AN ON -SITE RAIL SPUR TO CREATE A RAIL LOOP OF ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT, A GREATER THAN 70 FOOT COMMUNICATION TOWER AND THE UTILIZATION OF MORE THAN ONE CARGO CONTAINER FOR STORAGE, IN THE A (AGRICULTURAL) ZONE DISTRICT ALL SECTION 17, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 398, APPROXIMATELY ONE MILE NORTH OF CR 18. Commissioner Maxey noted that he visited the site and provided a site field check to the County Attorney. Kim Ogle, Planning Services, presented Case USR12-0075, reading the recommendation and comments into the record. Mr. Ogle noted the concerns from the Town of Keenesburg as stated in their referral. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Brad Yatabe, County Attorney, noted that he received electronic documents of the Air Permit and the Well Permit. Mary Evett, Environmental Health, clarified that the Air Permit required is for the tanks and the construction of the facility and for disturbing more than 25 acres. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Public Works received two traffic studies. He added that the original traffic study was received November 2012 and reflected 520 average vehicles per day including employee vehicles and trucks. Of that number there are 400 truck trips per day. The revised traffic study was received December 2012 which had reduced the number from 400 to 100 truck trips per day. The applicant indicated that the reason for reduction is from the construction of pipelines into the site to reduce the truck traffic. Mr. Carroll stated that until the pipeline is constructed the reduced traffic will not occur; therefore staff will work with the original traffic report of 400 truck trips per day. Commissioner Maxey referred to the two traffic studies and added that the numbers are different than what Mr. Carroll mentioned. He added that the initial traffic study said 200 oil delivery trucks plus miscellaneous and employees totaling 260 vehicles. The revised traffic study said that there are 50 truck trips maximum. He asked for further clarification. Mr. Carroll referred to the memo from Janet Carter, Traffic Engineer, dated January 18, 2013 and deferred to the applicant for clarification. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Commissioner Maxey said that according to the Division of Water it appears that a small capacity commercial well permit will be available. Ms. Evett said that all of the uses of the well should be submitted to the Division of Water Resources and if it is to be used for fire suppression than that needs to be included. 4 Hello