HomeMy WebLinkAbout20121348.tiff • BEFORE 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: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARK()
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR
TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF COMMODITIES AND
MATERIALS, INCLUDING BUT NOT LIMITED TO, THOSE FOR THE OIL AND GAS
INDUSTRIES, GRAINS, PETROLEUM PRODUCTS, SAND, PIPE, AND STORAGE
RELATED TO THE SAME) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Lot A OF RECX12-0013;PART SW4 SECTION 26,T6N, R67W&PART NW4 SECTION 35,
T6N, R67W OF THE 6T" P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY%MILES EAST OF
STATE HWY 257.
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.
23-2-260.E. Supporting Documents. The following supporting documents shall be submitted as part of the
application:
"Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability
• (e.g., a well permit or letter from a water district)."The applicant has provided the County with a letter from the
City of Greeley, dated May 2, 2012 that states the City is working on an interim water service agreement to
provide water to the Musket site.The County has conditioned the permit based on the applicant providing the
County with a signed extraterritorial water service agreement.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-3-350.
Design Standards.
A. Section 23-3-350.1. Water Supply. "Uses located in the Industrial Zone Districts shall have an adequate
source of potable water".The owner has demonstrated that the property will have an adequate source of
potable water. The City of Greeley currently serves the area with water, but connection to a water line is
pending approval through Greeley.
B. Section 23-3-350.J. Sewage Disposal. "Uses located in the Industrial Zone Districts shall have adequate
sewage disposal facilities". The owner has demonstrated that the property will have an adequate source of
sewer. The Town of Windsor can serve the property with sewer, but connection to the sewer line is
pending approval by the Town of Windsor. There is an existing sewer line located within 400 feet of the
proposed office. In the event the Town of Windsor is not willing to serve the property at this time the
applicant has the right to apply for a septic system permit.
C. Section 23-3-350 D. Street Access. "Lots in the Industrial Zone Districts shall have safe access to an
approved Public or private Street. The design designation of any street or highway as to type shall be in
conformance with that shown on the Thoroughfare Plan and/or the Master Plan of the affected
municipality". The owner has demonstrated that the proposed traffic will comply with the Town of
Windsor's referral comments concerning traffic as well as the County's concerns with access and haul
routes.
,• EXHIBIT
P2O12-1348
• •,„
RESOLUTION USR12-0005
• WINDSOR RENEWAL I LLC
PAGE 2
D. Section 23-2-220.A.1 -The proposed use is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect.
E. Sec. 22-2-40. Urban development Goals and Policies.
UD.Goal 1. "Concentrate urban development within existing municipalities, an approved
Intergovernmental Agreement urban growth area,the Regional Urbanization Areas,County Urban Growth
Boundary Areas, Urban Development Nodes or where urban infrastructure is currently available or
reasonably obtainable".
The Musket project is located in an area where urban infrastructure is currently available but not
necessarily reasonably obtainable. The City of Greeley provides water to the area and the applicant is
currently seeking a commitment from the City of Greeley to serve the project with water.The Town of
Windsor has sewer mains in the vicinity of the project and the applicant is currently seeking a
commitment from the Town of Windsor to serve the project with sewer.The current UGB boundary as
depicted in the County's GIS database and referenced via http://propertvinfo.co.weld.co.us/shows the
proposed Musket facility outside Windsor's Urban Growth Boundary. The Town of Windsor has not
contacted Weld County to amend the Urban Growth Boundary, which would reflect any changes to
utilities such as sewer.
UD.Policy 3.1. "In the absence of an Intergovernmental Agreement urban growth area, the County
recognizes a County Urban Growth Boundary".
Weld County and the Town of Windsor do not have an Intergovernmental Agreement (AKA
Coordinated Planning Agreement as referenced in Chapter 19 of the Weld County Code) as of the
date the Musket project was received by the County. Weld County has acknowledged Windsor's
Urban Growth Boundary as depicted in the County's GIS database and referenced via
http://propertvinfo.co.weld.co.us/. The Musket project is outside the Urban Growth Boundary.
F. Sec. 22-2-80. Industrial development Goals and Policies.
I.Goal 1. "Promote the location of industrial uses within municipalities, County Urban Growth Boundary
areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in
municipalities'comprehensive plans,the Regional Urbanization Areas, Urban Development Nodes,along
railroad infrastructure or where adequate services are currently available or reasonably obtainable".
The Musket project is located in an industrial area that is currently located in the unincorporated limits
of the County and is Zoned I-1 Industrial.The project is currently outside the Urban Growth Boundary
but located within Windsor's Growth Management Area. The project is also adjacent to existing rail
infrastructure and is located near adequate services that are available.
I.Goal 6. "Minimize the incompatibilities that occur between industrial uses and surrounding properties".
The Musket project is compatible with surrounding properties and uses.The surrounding property is
all zoned I-1 Industrial in the County. The Town of Windsor's municipal limits surround the site to the
north, east, west and south. Windsor's most recent Land Use Map depicts heavy industrial uses to
the east, west, north and south of the Musket project.
I.Policy 1.1. "Ensure that adequate industrial levels of services and facilities are currently available or
reasonably obtainable to serve the industrial development or district".
•
RESOLUTION USR12-0005
• WINDSOR RENEWAL I LLC
PAGE 3
There is currently water and sewer service available to the area and can be made available to the
project site. The applicant has been working with the City of Greeley and the Town of Windsor for
water and sewer service, respectively.
I.Policy 1.2. "Encourage new industrial development within existing industrial areas".
The Musket project is considered to be a new industrial use within an existing industrial area.
(.Policy 6.1. "Consider the compatibility with surrounding land uses and natural site features".
The County believes that the Musket project is compatible with surrounding land uses and natural site
features. There are several existing and proposed land uses that are industrial and commercial in
nature that include: Owens Illinois, Vestas, Hexcel, Army National Guard, Halliburton, Carestream
Heath, Front Range Energy and Kodak.
(.Goal 7. "Recognize the importance of railroad infrastructure to some industrial uses".
The County recognizes that the Musket project relies on rail infrastructure to support its business and
the very nature of transloading requires railroad infrastructure.
(.Policy 7.1. "Support the continued and expanded use of existing railroad infrastructure for industrial
uses".
The Musket project is located adjacent to existing rail infrastructure. The project will utilize the rail to
• transport oil and other commodities. On a separate note, OmniTrax is undergoing a project to extend
the existing rail loop and complete an internal track that will support similar industrial uses.
G. Section 23-3-300—"The proposed use is consistent with the intent of the Industrial(I-1)Zone District.
Section 23-3-310 of the Weld County Code allows for,A Site Specific Development Plan and Special
Review Permit for Transloading and Uses Similar to(rail and truck transloading of commodities and
materials, including but not limited to those for the oil and gas industries, grains, petroleum products,
sand, pipe, and storage related to the same) in the I-1 (Agricultural)Zone District".
The Weld County Code supports these uses in the Industrial Zone District.
H. Section 23-2-220.A.3 — "The uses which will be permitted will be compatible with the existing
surrounding land uses".
The facility is located in a primarily industrial area on a parcel containing several improvements
including two (2) large tanks located within an existing containment area; one (1) utility shed;
several pipelines located below grade; and, oil and gas wellheads and tank batteries. Adjacent
properties to the north,east,west and south are mainly utilized for Industrial uses. Development
Standards and Conditions of Approval will ensure that this use will be compatible with surrounding
land uses.
I. 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 3-mile referral for the Town of Windsor and City of Greeley. The City of
Greeley did not respond to the referral for the USR.The Town of Windsor responded with several
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
• PAGE 4
concerns in a referral dated April 25, 2012. A summary of the concerns include access to
Windsor's sewer; traffic impacts to Eastman Park Drive,Crossroads Blvd,SH 257 US 34 and SH
392; and, impacts to the Town's Master Drainage Plan. The Town of Windsor's Planning
Commission and Town Board recommend that the County deny the USR and refer the applicants
to the Town of Windsor for annexation. The applicant has addressed the concerns dealing with
traffic by modifying the haul routes from the site out to SH 257.
J. 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 and
Drainage Impact Fee areas.
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)
K. 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 soils designated as "Prime if Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.The area has transitioned from
agricultural uses to industrial uses over time and the area is not conducive for farming or any
agricultural use, This total size of the parcel +1- 10 acres and the applicant intends to utilize the
property for industrial uses.
• L. 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(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. In conjunction with this
recommendation for approval, the Planning Commission strongly urges the applicant to meet with the City of
Windsor, Carestream, and any other interested parties to address unresolved issues prior to addressing this
case before the Board of County Commissioners on May 30, 2012.
The Planning Commission recommends approval with the following Conditions and Development Standards:
1. Prior to recording the plat:
A. 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 Work. (Department of Planning Services and Department of Public Works)
B. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
•
review and approval, to the Environmental Health Services, Weld County Department of Public
Health & Environment. (Department of Public Health & Environment)
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
• PAGE 5
C. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado
Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground
storage tanks located on the site. Alternately, the applicant can provide evidence from the
(CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of
Public Health &Environment)
D. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as
well as EPA regulations (40 CFR Part 112). (Department of Public Health &Environment)
E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the
Water Quality Control Division of the Colorado Department of Health and Environment for any
proposed discharge into State Waterways, if applicable. (Department of Public Health &
Environment)
F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
• 3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health&Environment)
G. 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)
H. The applicant shall address the requirements of the Weld County Department of Public Works as
stated in their referral received April 23, 2012. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Public Works)
I. The applicant should attempt to address the concerns of the Town of Windsor as stated in their
referral received April 25, 2012. (Department of Public Health and Environment)
J. The plat for Recorded Exemption No. RECX12-0013 shall be recorded with the Weld County
Clerk and Recorder's Office. (Department of Planning Services)
K. The plat for Site Plan Review No. SPR12-0001 shall be recorded with the Weld County Clerk and
Recorder's Office. (Department of Planning Services)
L. The applicant shall provide an executed water service agreement from the City of Greeley.
Written evidence shall be provided to the Department of Planning Services. (Department of
• Planning Services)
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
• PAGE 6
M. The applicant shall provide an executed sewer service agreement from the Town of Windsor. In
the event that the Town of Windsor fails to provide sewer to the applicant, the applicant may
apply for a septic system permit from the Weld County Department of Environmental Health.
N. The applicant shall provide an executed access and haul route agreement that depicts the
revised haul routes.
O. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0005. (Department of Planning Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show and label the boundaries of the 100-year floodplain on the plat. Ensure that all parking
and storage is outside of these boundaries. (Department of Public Works)
5) 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)
• 6) The plat shall delineate the location and size of the proposed sign. (Department of Planning
Services)
7) The plat shall delineate the location of the lighting to be used on site. (Department of
Planning Services)
8) The Department of Planning Services has determined from the application materials that
three(3)parking spaces and one(1)ADA parking space will be required on site at time of full
build out. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning
Services)
9) The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be
indicated in accordance with Section 23-3-50.E of the Weld County Code. (Department of
Planning Services)
2. One month prior to construction activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment(CDPH&E),Water Quality
Control Division, to cover stormwater discharges from construction sites(5 CCR-1002-61).
Alternately,the applicant can provide evidence from CDPH&E that they are not subject to the
CDPS requirements.
3. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
•
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
• PAGE 7
4. Upon completion of 1. and 3. above 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)
5. 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 dhuertera.co.weld.co.us. (Department of Planning Services)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
• Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 May 15, 2012.
Dated the 15th of May, 2012.
aa
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Windsor Renewal I, LLC
USR12-0005
1. A Site Specific Development Plan and Use by Special Review Permit for Transloading(rail and truck
transloading of commodities and materials, including but not limited to those for the oil and gas
industries and petroleum products) in the I-1 (Industrial) 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 hours of operations shall be 24 hours a day, seven days a week. (Department of Planning
Services)
4. The number of employees shall be limited to eight (8) during the first phase of the project.
(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 &
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 &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. (Department of
Public Health &Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health &Environment)
9. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health & 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 &Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health&Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health &Environment)
13. The facility shall utilize the existing public water supply(City of Greeley). (Department of Public Health
&Environment)
14. 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 installation of any septic system within the 100-year floodplain shall comply with the Weld County
I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic
• system shall be installed within the floodway. (Department of Public Health and Environment)
16. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
PAGE 9
• 17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health & Environment)
18. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health & Environment)
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 &Environment)
20. 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)
21. No parking or staging of vehicles on the county road is allowed. Use on-site parking area.
(Department of Public Works)
22. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control plan, a
grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes
for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. (Department of
Public Works)
23. 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)
24. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
25. Weld County will not maintain on-site drainage related areas or medians. This must be addressed by
the property owner. (Department of Public Works)
26. WARNING: LOTS MAY NOT BE ELIGIBLE FOR BUILDING PERMITS DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lots A and B of Recorded
Exemption No. RECX12-0013 may not be able to obtain building permits to construct structures. All
construction or improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map#0802660-605O dated September 27, 1991 and
updated by the FEMA approved Physical Map Revision dated December 14, 2009, shall comply with
the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the Weld County
Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. (Department of Public Works)
27. Flood hazard development permits will be required for future development activities located within the
FEMA mapped John Law Ditch Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including by not limited to buildings or other structures,
mining, dredging, filling,grading, paving,excavation, drilling operations, or storage of equipment and
materials. (Department of Public Works)
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
•
29. 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)
RESOLUTION USR12-0005
WINDSOR RENEWAL I LLC
PAGE 10
• 30. 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;and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
31. 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)(Department of Planning
Services)
32. 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)(Department
of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-3-350, Weld County Code. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-3-360, Weld County Code. (Department of Planning Services)
35. 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)
36. 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)
37. 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)
38. All 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. (Building
Department)
39. 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 USR12-0005
WINDSOR RENEWAL I LLC
PAGE 11
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.
S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 1, 2012
•
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street,Greeley, Colorado. The meeting was called to order by Chair,Tom
Holton, at 1:35 p.m.
► Roll Call.
Present:Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey,Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand,Thomas Holton.
Also Present: Chris Gathman,Tom Perko and Kim Ogle, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 3, 2012 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Bill Hall.
Motion passed unanimously.
CASE NUMBER: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF
COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO,THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS,
SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Lot A of RECX12-0013; PART SW4 SECTION 26, T6N, R67W & PART NW4
SECTION 35,T6N, R67W OF THE 6114 P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY''%MILES EAST OF
STATE HWY 257.
► Tom Parko, Planning Services, stated that they would like to request a continuance until the May 15,
2012 Planning Commission hearing to work out some logistical issues.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Dr CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
II" Chris Gathman, Planning Services,stated that the applicant has requested a continuance of this case to
the May 15, 2012 Planning Commission hearing as he had another conflict.
• The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
EXHIBIT
• Kim Ogle, Planning Services, presented Case USR12-0009, 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.
li' Mr.Ogle submitted a memorandum proposing some amendments to the language. Motion:Amend the
Staff Report as read by staff and add Condition of Approval C.7, Moved by Bill Hall,Seconded by Benjamin
Hansford.
Motion passed unanimously.
▪ In addition, Environmental Health and Public Works presented their reports and stated that they have no
concerns with this request.
j* Steve Gray, Tri-State Generation and Transmission, 1100 West 116'"Ave, Westminster, Colorado,
stated that they are proposing a to install a 115kV transmission line on single wood structures to serve
customers in the area. He added that they did provide outreach to the surrounding property owners.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
ID" Motion: Forward Case USR12-0009 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 Jason Maxey, Seconded by Benjamin Hansford.
• Vote: Motion carried by unanimous roll call vote(summary: Yes=9).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
CASE NUMBER: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF
COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO,THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS,
SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Lot A OF RECX12-0013; PART SW4 SECTION 26, T6N, R67W & PART NW4
SECTION 35,T6N, R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY3/.MILES EAST OF
STATE HWY 257.
D' Tom Parko, Planning Services, presented Case USR-12-0005, 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. The Planning Commission inquired if
Development Standard 3 should be amended to operate Monday through Saturday.
I" Don Carroll, Public Works, presented his report including the conditions of approval and development
standards in the staff report. They have no concerns with this request.
▪ Mary Evett, Environmental Health, presented her report including the conditions of approval and
• development standards in the staff report. Ms. Evett commented that there is a "Note" after Development
4
• Standard 18 and recommended adding a new Development Standard 19 including this information but
deleting the note in the first sentence.
D" Motion:Amend Development Standard 18 as stated by staff and add a new Development Standard 19
to read"The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code, Moved by Jason Maxey, Seconded by Bill Hall.
Motion passed unanimously.
D" Michael Drake, GR Engineering, 7200 Altan Way, Centennial, CO, stated that he represents the
applicant, Musket Corporation, and added that they are proposing to bring in crude oil from the production
fields to this site through transport trucks and then loading it onto railcars for other destinations. He noted that
this is Phase 1 of the proposal.
kr The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Scott Ballstadt,Chief Planner,Town of Windsor,301 Walnut,Windsor Colorado,provided visual slides which
shows the subject site in relation to the Town's Urban Growth Boundary and sanitary sewers. He also added
that the Town would like to ensure secondary containment. The Town of Windsor recommended denial of the
proposed USR and encouraged the Planning Commission to refer the applicants to the Town for annexation.
kr John Vasquez, Mayor of Windsor, 301 Walnut St, Windsor, CO, stated that in the beginning of the
development there was an agreement with the developers that they would annex into the Town of Windsor so
as not to create an enclave. He indicated that the Town of Windsor would like to visit with the applicant and
landowner to determine a Service Agreement. Mr.Vasquez expressed concerns regarding spills and strongly
urged the inclusion of secondary containment.
• The Planning Commission encouraged the Town of Windsor to work with Weld County in establishing an
Intergovernmental Agreement.
[Nick Berryman left meeting at 3:51.]
The Chair called a recess at 3:57 pm and reconvened the meeting at 4:24 pm. [Alexander Zauder left meeting
at 3:57 pm.]
k" Ian McCarter,Attorney for the Town of Windsor,stated that there have been negotiations over the sewer
service between the Town of Windsor and the property owners. He provided a brief history regarding the
progress of the sewer service agreement and added that they are trying to obtain a resolution.
`' Mr.Vasquez answered questions from the Planning Commission regarding their referral submitted to
Weld County Planning.
`" Tom Livingston, 11822 CR 64.5, stated that he owns property in the vicinity and operates a farm and
cattle ranch. He wanted to bring attention to the public safety issues with regard to traffic.
i" Joan Blake, 633 17'" St, Denver, CO, stated that she is here on behalf of Carestream, which is a
neighbor of this project. She expressed concerns regarding their easement agreements as well as sanitary
sewer easements with Kodak as there were no details provided to them.
Michael Drake responded to the public's concerns, specifically with regard to easements,floodplain,
spills and containment.
• b' Mr. Lawley said that previously they haven't incorporated a town's referrals into the conditions of
approval when the county or state standards are acceptable for a development to proceed. He believes that
5
• the applicant should have visited with the Town of Windsor to resolve these issues.
Torn Holton said that he is uncomfortable denying or approving this case considering all the loose ends.
The applicant stated that they didn't have any concerns adding the secondary containment to the conditions of
approval.
The Planning Commission recommended adding a condition of approval to address the secondary
containment. In addition,the Planning Commission expressed the desire to add a condition for the applicant,
landowners, Carestream,and the Town of Windsor and City of Greeley to meet to resolve these issues prior
to the Board of County Commissioners hearing. The Chair asked Mr.Yatabe to create language including this
addition.
The Chair called a recess at 5:34 pm so staff could come up with some language. The Chair called the
meeting to order at 5:44 pm.
Brad Yatabe, County Attorney,recommended against placing any language as a development standard
or condition of approval as it might cause some unintended consequences. He advised including the
language into the motion of approval or denial.
i' Motion: Forward Case USR12-0005 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 Bill Hall.
Vote: Motion carried by unanimous roll call vote(summary: Yes=7).
Yes: Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock, Mark Lawley, Robert Grand,Thomas
• Holton.
Absent:Alexander Zauder, Nick Berryman.
Commissioner Maxey reiterated Mr.Yatabe's comments that all of the parties need to meet to resolve these
issues.
Commissioner Holton encouraged the County Commissioners to listen to the recording so that they can be
fully prepared for their hearing on May 30, 2012.
1` CASE NUMBER: USR12-0008
APPLICANT: WELD COUNTY
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA 300 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTA REC EXEMPT RE-2375; PART OF SECTION 28,T2N, R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO COUNTY ROAD 31 AND 0.5 MILES NORTH OF
COUNTY ROAD 16.ARISTROCRAT RANCHETTES SUBDIVISION IS LOCATED
TO THE EAST.
Tom Parka, Planning Services, presented Case USR-12-0008, 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. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request. Lauren
Light,Environmental Health recommended amending Development Standard 6 by deleting the last sentence
because no dust abatement plan is required.
`' Motion:Amend Development Standard 6 to read"Fugitive dust and fugitive particulate emissions shall
be controlled on this site, Moved by Jason Maxey, Seconded by Bill Hall.
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