HomeMy WebLinkAbout20130145.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS
Moved by Bill Hall, 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: USR12-0062
APPLICANT: RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
ORA USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MANUFACTURING, FABRICATION AND PAINTING OF OIL & GAS
AND AGRICULTURAL 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.
LEGAL DESCRIPTION: PART OF THE W2 SECTION 26 AND PART OF THE E2 SECTION 27, ALL IN
T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1/2 MILE SOUTH OF CR 30 AND APPROXIMATELY 1 MILE
EAST OF CR 43.
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.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 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and
should be subject to review in accordance with the appropriate sections of this Code."
The site is located % mile south of County Road 30 and approximately '/ mile from the
nearest single family.
The Department of Planning Services is requiring a screening plan and lighting plan as a
condition of approval of this application. Additionally, several development standards are
proposed (such as requiring the applicant to adhere to county noise requirements...) to
ensure compatibility with existing surrounding land uses.
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 of the Weld County Code allows for use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts
provided that the property is not a Lot in an approved or recorded subdivision plat or
as 3-ot45-
RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PAGE 2
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions as
a Use by Special Review 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 proposed use is located in a rural area adjacent to an existing
composting facility to the south permitted under AMUSR-1276. The nearest residence is
located approximately % mile from the site.
No phone calls, e -mails or correspondence has been received from surrounding property
owners in regards to this case. However, this application is to address a zoning complaint
(COMP12-00108) for not having the necessary land use permits before operating a
commercial business. This complaint was initiated by a citizen.
The Department of Planning Services is requiring a screening plan and a lighting plan as
conditions of approval for this application. Additionally, several development standards are
proposed (such as requiring the applicant to adhere to county noise requirements...) to
ensure compatibility with existing 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. This site is not located within a 3 -mile referral area of any municipality nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 locational decision for the proposed use. The site is identified as
"Irrigated Non Prime" and "Other" according to the Prime and Important Farmlands Map of
Larimer and Weld Counties.
G. Section 23-2-220.A.7 — 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 address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated September 29, 2012. The
applicant shall submit a complete change of use building permit application for buildings
utilized in conjunction with the business (including the onsite modular residence/office).
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Building Inspection)
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RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PAGE 3
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of Public
Health and Environment)
C. In the event washing of vehicles and equipment will occur on site the applicant shall
ensure that any vehicle and equipment washing area(s) shall capture all effluent and
prevent discharges from the washing vehicles and equipment in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. Vehicle and equipment washing areas should be designated on the
plat. (Department of Public Health and Environment)
D. The applicant shall submit an updated waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. The waste handling plan shall include procedures for cleanup and disposal of
spilled paints, solvents and other hazardous materials. Include storage, removal and disposal
or recycling of any scrap metal or scrap equipment parts, along with the waste handlers and
disposal or recycling facilities for scrap metal and scrap parts. (Department of Environmental
Health)
E. The applicant shall submit to the Department of Planning Services with a Lighting Plan for
review and approval. (Department of Planning Services)
F. The applicant shall enter into an Improvements Agreement and post collateral for all on -site
improvements. The improvements agreement and collateral shall be accepted by the Board
of County Commissioners prior to recording the plat. (Department of Planning Services)
G. The applicant shall submit a screening plan (to address screening of outdoor storage of
equipment, raw materials and finished materials associated with the business) to the
Department of Planning Services for review and approval. (Department of Planning Services)
H. A sign plan (if any signs are proposed) shall be submitted for review and approval by the
Department of Planning Services. Signs shall adhere to the requirements of the (Department
of Planning Services)
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0062 (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)
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 public rights -of -way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
5. Identify the location of outdoor storage of equipment, raw materials and finished
materials associated with the business. (Department of Planning Services)
6. The approved screening plan for the outdoor storage of equipment, raw materials and
finished materials associated with the business. (Department of Planning Services)
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RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PAGE 4
7. This easement or right-of-way for access to the property should be identified on the
plat with the recording number and date. (Department of Public Works)
8. The applicant is indicating that the site will be bermed to contain runoff. Show and
label this area as water quality capture feature (WQCF). (Department of Public
Works)
9. Show the approved access on the plat and label it with the approved access permit
number (AP#12-00351). (Department of Public Works)
10. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
11. The approved sign plan (if applicable). (Department of Planning Services)
12. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
2. Upon completion of #1 above the applicant shall submit 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 thirty (30) 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 maps@co.weld.co.us. (Department of Planning Services)
5. 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.
(Department of Public Health and Environment)
B. 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)
6. 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)
Motion seconded by Bret Elliott.
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RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PAGE 5
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
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 December 18, 2012.
Dated the 18'" of December, 2012.
q� Digitally signed by Kristine
Ranslem
Date: 2012.12.20 13:59:25 -07'00'
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF HOLDINGS
USR12-0062
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
(manufacturing, fabrication and painting of oil and agricultural 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. (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 nineteen (19) as stated in the application
materials. (Department of Planning Services)
4. The hours of operations shall be limited to 6:00 am — 7:00 pm Monday — Saturday as stated in the
application materials. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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)
13. 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)
RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
PAGE 7
14. This application is proposing a well(s) as its source of water. The applicant should be made aware
that groundwater may not meet all drinking water standards as defined by the Colorado Department of
Public Health and Environment. We strongly encourage the applicant to test their drinking water prior
to consumption and periodically test it over time. (Department of Public Health and Environment)
15. In the event the facility's water system serves more than 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and Environment that the
system complies with the Regulations. (Department of Public Health and Environment)
16. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of
Public Health and Environment)
17. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
18. A building permit will be required for any new construction, alteration, or addition to any buildings or
structures on the property. It is required that a code analysis be done on the project by a design
professional with experience in this area. A building permit application must be completed and two
complete sets of engineered 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 or a open hole
inspection. (Department of Building Inspection)
19. 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)
20. 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)
21. 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)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. 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)
25. The lighting on site shall be maintained in accordance with the approved lighting Plan. (Department of
Planning Services)
26. The Screening on site shall be maintained in accordance with the approvod Scrooning Plan.
27. 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)
RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
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 carded out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
29. The right-of-way or easement shall be a graded and drained road to provide an all-weather access.
(Department of Public Works)
30. 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.
31. 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.
32. 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.
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RESOLUTION USR12-0062
RF HOLDINGS LLC, C/O AGPROFESSIONALS, LLC
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.
miry.
Promo
Oinovssol
Kim Ogle, Planning Services, presented Case Number USR12-0070, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Patrick Groom, Witwer, Oldenburg, Barry & Johnson, 822 7'h St, Ste 760, Greeley, CO, represents DCP
Midstream. Last year DCP Midstream was permitted for the LaSalle Processing Plant, which is currently
under construction. This proposed compressor site will eventually deliver natural gas to the LaSalle
Processing Plant. He added that the proposed radio tower will monitor production at all the compressor
sites and the processing plants.
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 USR12-0070 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
CASE NUMBER: USR12-0062
APPLICANT: RF HOLDINGS LLC, CIO AGPROFESSIONALS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY 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 (MANUFACTURING, FABRICATION AND
PAINTING OF OIL & GAS AND AGRICULTURAL 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.
LEGAL DESCRIPTION: PART OF THE W2 SECTION 26 AND PART OF THE E2 SECTION 27, ALL IN
T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1/2 MILE SOUTH OF CR 30 AND APPROXIMATELY 1 MILE
EAST OF CR 43.
Jason Maxey noted that he has worked with the landowner, Jon Moser; however he does not have any
financial interest in this application and he believes that he can be fair and impartial on this case.
Chris Gathman, Planning Services, presented Case Number USR12-0062, 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.
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Tim Naylor, AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado, stated that he representing
Big Boy Manufacturing. Mr. Naylor said that the request is for an oil and gas manufacturing facility and
added that there will be 19 employees but believes that they share rides as well as anticipating future
expansion. Mr. Naylor said that with traffic concerns on County Road 49 the owner has asked that his
employees not to go to County Road 49 but rather go west on County Road 30.
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;
however Mr. Naylor requested that the screening requirement be removed since they feel there is
adequate buffer and screening since this is located in the middle of the section.
Mr. Gathman said that the site is screened to the southeast by berming associated with the composting
facility and most of the storage was located behind the buildings on site which screens it from the north.
He added that given the distance there wouldn't be much screening required. He suggested either
removing the screening plan or keeping it for future compliance.
Motion: Delete Condition of Approval 1.G, 1.1.6, and Development Standard 27, Moved by Robert Grand,
Seconded by Nick Berryman.
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 USR12-0062 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 Bill Hall, Seconded by Bret Elliott.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
The Chair asked the public if there were any other items of business that they would like to discuss. No
one wished to speak.
The Chair asked the Planning Commissioners if there was any new business to discuss. Robert Grand
asked the Planning Commission to consider the thought of proposing to the County Commissioners the
research of construction of an oil refinery facility in Weld County with the intent specifically to reduce truck
traffic within the County. Bill Hall agreed with Mr. Grand and encouraged research to present a possible
Resolution to the Weld County Commissioners. The Planning Commissioners requested that Brad
Yatabe research the process on how to proceed with this consideration.
The meeting adjourned at 2:46 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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