HomeMy WebLinkAbout20131944.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
Moved by Jordan Jemiola, 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: USR13-0021
APPLICANT: SHUPE FARMS, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (STORAGE OF DRY FEED FOR DELIVERY TO LOCAL
CUSTOMERS) 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
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX12-0084; PART SW4 SECTION 17, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO HWY 392; ABOUT 900 FEET EAST OF CR 39.
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 22-2-100. C. - C. Goal 3 states, "All new commercial development should pay its own
way."
The applicant will be responsible for covering all costs for all on -site and any applicable off -
site improvements associated with this use, as required through the Improvements
Agreement and Conditions of Approval.
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."
Section 22-2-20.G.1. - A.Policy 7.1. states, "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas, when the impact to surrounding properties is minimal, or
can be mitigated, and where adequate services are currently available or reasonably
obtainable".
The applicant is proposing a 22,000 square -foot pre-engineered metal building for the storage
of agricultural commodities, including dry feed to be located on the site. The feed will be
brought in during harvest and until the crop year is finished. The feed will be re -distributed
throughout the year. Four to five trucks per day are expected to either load or unload or re-
load.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.S. of the Weld County Code allows for, A Site Specific
Development Plan and Use by Special Review Permit for any Use Permitted as a Use by
o?0/3r19L)
RESOLUTION USR13-0021
SHUPE FARMS, LLC
PAGE 2
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Storage of Dry Feed for Delivery to Local Customers) 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 currently vacant land. Lucerne Commons borders the site on the west and the
Greeley No. 2 Ditch borders the site on the north. The adjacent land to the east and south is
cropland. The nearest residence is located approximately 520 feet southeast of the site.
USR-1335 for the storage and sale of seed is located approximately one -quarter mile to the
west of this proposed USR. The Weld County Department of Planning Services has received
no comments/concerns from the surrounding property owners. The Development Standards
along with the Conditions of Approval for this proposal will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses.
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 located within the three (3) mile referral area of the City of Greeley and the Town
of Eaton. The City of Greeley in their referral comments, dated April 30, 2013 indicated that
they have no concerns. The City of Eaton did not respond with referral comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on 4.7 acres Prime (Irrigated) per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will take
approximately 4.7 acres of Prime (Irrigated) Farmland out of production. However, dry feed
storage is a use that supports agriculture.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
RESOLUTION USR13-0021
SHUPE FARMS, LLC
PAGE 3
1. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
B. The applicant shall submit a Parking Plan to the Department of Planning Services, for review and
approval. The Parking Plan shall show the parking stalls including the ADA parking stall and the
dimensions of all the parking stalls. The Parking Plan shall comply with Appendix 23-B of the
Weld County Code and the Section 208 of the 2010 Americans with Disability Act and provide an
adequate number of parking spaces. Two (2) parking stalls are required due to the fact that there
will be an occasional employee at the site to unload and re -load the trucks. One of the two (2)
parking stalls shall meet the requirements of ADA. Further, the applicant shall delineate curb
stops for the parking spaces shown on the Use by Special Review plat. (Department of Planning
Services)
C. 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)
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state
highways. Please contact CDOT to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit. (Department of Public Works)
D. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval, if signage is desired. The quantity,
size and location of the signs shall comply with Appendix 23-C and Appendix 23-D. (Department
of Planning Services)
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0021. (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 applicant 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 Parking Plan. (Department of Planning Services)
6) The approved Signage Plan. (Department of Planning Services)
7) The approved Lighting Plan. (Department of Planning Services)
RESOLUTION USR13-0021
SHUPE FARMS, LLC
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 or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mabsa,co.weld.co.us (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. 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 Robert Grand.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
Bill Hall
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 July 2, 2013.
Dated the 2nd of July, 2013.
Digitally signed by Kristine Ranslem
Date: 2013.07.09 11:39:55 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Shupe Farm, LLC
USR13-0021
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0021 is for any Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Storage of Dry Feed for Delivery to Local Customers) 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.
(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 limited to one (1) part-time employee, as stated in the
application materials. (Department of Planning Services)
4. The hours of operations shall be 8:00 a.m. thru 5:00 p.m. Monday - Friday, as stated in the application
materials. (Department of Planning Services)
5. All signs shall be in compliance with the Weld County Code. (Department of Planning Services)
6. The parking, landscaping, and sign(s) on site shall be maintained in accordance with the approved
Parking/Landscape/Sign Plans. (Department of Planning Services)
7. 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)
8. The historical flow patterns and run-off 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)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (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 &
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. (Department of Public Health & 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. (Department of
Public Health & Environment)
13. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times.
(Department of Public Health & Environment)
14. 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 & Environment)
RESOLUTION USR13-0021
SHUPE FARMS, LLC
PAGE 6
15. 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 & Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for review
by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
& 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 & Environment)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
19. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
20. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs.
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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.
RESOLUTION USR13-0021
SHUPE FARMS, LLC
PAGE 7
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.
PrrwuJc3 7/2/1 3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 2, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
Absent/Excused: Bill Hall
Also Present: Kim Ogle, Diana Aungst, and Tiffane Johnson, Department of Planning Services; Don
Carroll, Heidi Hansen, and Jennifer Petrik, Department of Public Works; Mary Evett, Department of
Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 18, 2913 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR13-0021
APPLICANT: SHUPE FARMS, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE OF DRY FEED FOR DELIVERY
TO LOCAL CUSTOMERS) 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
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX12-0084; PART SW4 SECTION 17, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO HWY 392; ABOUT 900 FEET EAST OF CR
39.
Diana Aungst, Planning Services, presented Case USR13-0021, 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.
Don Carroll, 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.
Jay Pier, Build West Construction, 606 Elder Street, Kersey, Colorado, stated that this is a proposal for a
commodity shed. He stated that he understands there is a concern regarding the access from Highway
392 and added that he visited with CDOT about widening the access. He added that there shouldn't be a
problem with the traffic and the destinations that they will be going to and coming from.
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.
Motion: Forward Case USR13-0021 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, Seconded by Robert Grand.
A013 -l9,/'/
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0022
NOBLE ENERGY INC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, STORAGE OF PIPE AND
PRODUCTION EQUIPMENT, AND ANY LNG RELATED USE PERMITTED AS
A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT; AND A TRUCK
PARKING AREA IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RECX12-0069 LYING WITHIN E2NW4 SECTION 26,
T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. PART LOT B
REC EXEMPT RECX12-0069 LYING WITHIN W2NW4 SECTION 26, T6N,
R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 66 SECTION LINE; EAST OF AND
ADJACENT TO CR 57.
Kim Ogle, Planning Services, presented Case USR13-0022, 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.
Heidi Hansen, 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.
Vince Harris, Baseline Corporation, 700 12th Street #220, Golden Colorado stated that this is a proposed
storage yard for Noble Energy. The storage facility will receive, store and dispatch oil and gas
equipment. A LNG facility will also be located on site. The facility acts as a mobile refueling station and
will be operated by Encana.
Mr. Harris requested that the screening plan not be required. He stated that it will be a fenced facility and
added that they would rather have an open fence for security reasons.
In response to Commissioner Grand's inquiry, Mr. Ogle stated that no comments have been received
from surrounding property owners. Mr. Grand said from a security standpoint he understands the request
from the applicant. Commissioner Lawley stated that screening doesn't necessarily mean fencing but
that it could be landscaping. Commissioner Maxey asked Mr. Harris if he has visited with the nearest
residences. Mr. Harris said that they have not approached the residences. Mr. Grand recommended that
the applicant visit with the residences and then meet with staff to work out the screening requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Wilbur Stringer, 31349 CR 57, stated that he lives across from this facility. He is concerned with the
possibility of an explosion at this facility. He said that they should look at paving County Road 64.5 from
Gill to County Road 59 as well as County Road 57 from Highway 392 to Highway 263.
Ms. Hansen said that they did have a high number of trucks proposed for the water depot; however it is a
phased facility and the improvements agreement has triggers outlined for dust control and paving
requirements. Ms. Hansen said that if a report is made that they are using the wrong haul route they
would perform an investigation and if they are found utilizing other roads they would be in violation and
would need to appear before the Board of County Commissioners.
Mr. Harris said that he recalls several trigger numbers in the improvements agreement for dust control
and paving requirements.
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