HomeMy WebLinkAbout20121025.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0003
APPLICANT: MICHAEL&KIMBERLEA MILLER
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL
AND GAS SUPPORT AND SERVICE(STORAGE AND MAINTENANCE OF EXCAVATION
EQUIPMENT, SEMI-TRUCKS AND WATER TANKS) IN THE A(AGRICULTURAL)ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE-2573; PART OF SECTION 9, T6N, R66W OF THE 6T"
P.M., WELD COUNTY, COLROADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 72 AND EAST OF CR 29.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are not in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with the region."
Development Standards and Conditions of Approval will ensure that the proposed use will be
compatible with the area. The surrounding property is primarily agricultural in nature. Section 23-2-
240.A.10 of the Weld County Codes states"...that buffering or screening of the proposed use from
adjacent properties may be required in order to make the determination that the proposed use is
compatible with the surrounding uses." As a condition of approval the applicant will be required to
screen the outdoor storage and parking areas associated with the business from the surrounding
property owners and public rights of way.
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.A.2 of the Weld County Code allows for, A Site Specific Development Plan
and Special Review Permit for an Oil and Gas Support and Service (storage and maintenance of
excavation equipment, semi trucks and water tanks) in the A (Agricultural) Zone District.
Currently the property is in violation(ZCV11-00088). This violation was initiated due to the operation
of a commercial oil and gas support services business without first completing the necessary Weld
County Zoning Permits. This case has not been presented to the Weld County Court Magistrate
through the Violation Hearing process.
The initial complaint was received from the Building Department on August 30, 2011.
This application if approved by the Board of County Commissioners and once a plat is recorded will
correct the violation. If this application is denied, all commercial vehicles and associated activities
and/or storage shall be removed from the property within 30(thirty)days of denial or the violation will
proceed in court accordingly.
EXHIBIT
11 re 2012-1025
LA3et -ce
RESOLUTION USR12-0003
• MICHAEL&KIMBERLEA MILLER
PAGE 2
C. 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 agricultural area on a parcel containing several improvements
including a shop, outside storage of vehicles and equipment, and oil and gas wells. Adjacent
properties to the north, east and west are mainly utilized for Agricultural. The southern portion of
the property in question is bordered by Cattail Creek PUD which is zoned PUD with Estate Uses
and one large agricultural out lot. The nearest residence is just to the east of the property in
question approximately 120 feet. The Weld County Department of Planning Services has
received 4 letters from the surrounding property owners. A summary of their concerns are as
follows: Oder, noise, blocking the views,traffic, lighting, dust, reduction of property values in the
area, spooking of livestock, environmental concerns, and floodplain. Development Standards
and Conditions of Approval will ensure that this use will be compatible 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 3-mile referral for the Towns of Eaton,Windsor, Severance and City
of Greeley;the Towns of Eaton,Windsor and City of Greeley had no concerns with the proposed
development. The Town of Severance has not responded to the referral request.
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
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)
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 soils designated as"Prime Irrigated Farmslands of National
Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
This total size of the parcel+/-69 acres but the applicant is only utilizing a couple of acres for the
proposed development while the majority of the site remains in pasture.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(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.
•
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
• PAGE 3
Should the Board of County Commissioners approve the proposal,the Planning Commission recommends the
following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Building Department as
stated in their referral received February 16,2012.Written evidence of such shall be provided
to the Department of Planning Services. (Weld County Building Department)
B. 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)
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), including the tank cleaning area, shall
capture all effluent and prevent discharges from the washing of 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 & Environment)
D. A revised engineer design and site plan must be submitted to the Environmental Health
•
Services for approval of Septic Permit SP-1200004. (Department of Public Health &
Environment)
E. 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)
F. 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)
G. The applicant shall designate the location of the proposed septic system on the plat. No
vehicle access drives, vehicle parking or equipment storage shall be located in the area of
the septic system.The septic system must be protected from vehicle traffic. (Department of
• Public Health & Environment)
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
• PAGE 4
H. The applicant shall submit manufacturer specifications on the proposed used oil heater to
Environmental Health Division of the Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
The applicant shall address the requirements of the Weld County Department of Public
Works as stated in their referral received February 20, 2012.Written evidence of such shall
be provided to the Department of Planning Services. (Department of Public Works)
J. The applicant shall address the requirements of Xcel Energy as stated in their referral
received February 16,2012. Written evidence of such shall be provided to the Department of
Planning Services. (Xcel Energy)
K. The applicant shall submit and be approved for the partial vacation of USR-1036. The partial
vacation for USR-1036 shall be approved by the Board of County Commissioners and the
plat recorded before the plat for USR12-0003 can be recorded. (Department of Planning
Services)
L. The applicant shall submit to the Weld County Department of Planning Services a screening
plan for review and approval. The screening plan shall screen all outdoor storage and
parking areas from adjacent rights of way and surrounding properties. (Department of
Planning Services)
M. The applicant shall remove at least 4 of the 6 cargo containers. Section 23-3-30.K states,
two (2) cargo containers may be allowed on property of less than eighty (80) acres in size,
when not on a lot in an approved or recorded subdivision or a lot which is part of a map or
• plan filed prior to adoption of any regulations controlling subdivisions. The applicant will also
need to obtain the necessary building permits for the two cargo containers that will remain on
site. (Department of Planning Services)
N. The mobile office trailer will need to be removed from the site before the plat can be
recorded. (Department of Planning Services)
O. The applicant shall submit evidence to Environmental Health Services that the Agland
aboveground fuel tank has been removed. (Department of Public Health & Environment)
P. 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)
O 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)
R. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0003. (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)
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
• PAGE 5
4) Show the approved access point(s) on the Plat and label them with the Access
Permit number (will be provided when additional materials are submitted).
(Department of Public Works)
5) Show and label the water quality area on the plat. It should be located downstream of
parking and storage areas and labeled as "Water Quality — No Build or Storage
Area." (Department of Public Works)
6) 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)
7) County Road 72 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
8) 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)
9) The applicant shall screen the storage and equipment areas from adjacent property
owners and public rights of way. Section 23-2-240.A.10 of the Weld County Codes
•
states,"Buffering or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is compatible with
the surrounding uses. Buffering or screening may be accomplished through a
combination of berming, landscaping and fencing and shall be identified on the plat.
(Department of Planning Services)
10) The applicant shall delineate on the Use by Special Review plat the building
envelope as shown on Corrected Recorded Exemption RE-2573, reception number
3048215. (Department of Planning Services)
11) The plat shall delineate the location and size of the proposed sign. (Department of
Planning Services)
12) The plat shall delineate the location of the lighting to be used on site. (Department of
Planning Services)
13) The Department of Planning Services has determined from the application materials
that twenty-one(21)parking spaces and one(1)ADA parking space will be required
on site. 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)
14) 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)
• 15) No parking or storage is allowed within the 100-year floodplain. (Department of
Public Works)
RESOLUTION USR12-0003
MICHAEL&KIMBERLEA MILLER
• PAGE 6
2. Prior to the Certificate of Occupancy:
A. An engineer designed septic system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. Septic Permit SP-
1200006 must receive final approval by Environmental Health Services. (Department of
Public Health & Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large-
capacity septic system (a septic system with the capacity to serve 20 or more persons per
day).Alternately,the applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements. (Department of Public Health & Environment)
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)
4. Upon completion of 1. and 2. 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 mapse.co.weld.co.us. (Department of Planning Services)
Motion seconded by Robert Grand.
VOTE:
For Denial Against Denial 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.
RESOLUTION USR12-0003
MICHAEL&KIMBERLEA MILLER
• PAGE 7
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 April 3, 2012.
Dated the 3rd of April, 2012.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Michael and Kimberlea Miller
USR12-0003
1. A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service
(storage and maintenance of excavation equipment, semi trucks and water tanks) 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 hours of operations shall be limited to 6:00 am—7:00 pm Monday through Saturday. In case of
emergency only, the applicant may operate outside of normal business hours. (Department of
Planning Services)
4. The number of full-time employees shall be limited to 9 and the number of part-time employees shall
be limited to 13 on site. (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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from equipment and
tank washing and the washing of vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission,and the Environmental Protection Agency. (Department of Public Health
& Environment)
10. Permitting the practice of burning used oil generated by the company, or "Do-It-Yourselfers", for
space heating in a company owned oil burner is allowed and is APEN and permit exempt by state air
pollution regulations; however, if the burning of other sources of off-site generated oil is to be
conducted,the company must have this potentially non-exempt practice reviewed for permitting by the
Colorado Department of Public Health and Environment, Air Pollution Control Division before any
such oil is burned. (Department of Public Health & Environment)
11. 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)
12. 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)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health & 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 & Environment)
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
PAGE 9
• 15. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health & Environment)
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health & Environment)
17. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health & Environment)
18. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
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. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health & Environment)
21. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
22. Weld County is not responsible for the maintenance of drainage related features. (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. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
25. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel#080509000057 may not be able to obtain
building permits to construct non-agricultural structures. All construction or improvements occurring
in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel
Map#0802660475D dated September 22, 1999, 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)
26. Flood hazard development permits will be required for development activities located within the FEMA
mapped Coal Bank Creek Flood plain. 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)
27. 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)
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
PAGE 10
• 28. No parking or storage is allowed within the 100-year floodplain. (Department of Public Works)
29. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
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 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)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250, Weld County Code. (Department of Planning Services)
36. 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)
37. 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)
38. 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)
39. 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)
•
RESOLUTION USR12-0003
MICHAEL& KIMBERLEA MILLER
PAGE 11
• 40. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities.will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
• irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
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• PERMIT TO EXTEND THE HEIGHT OF A TELECOMMUNICATION ANTENNA
TOWER FROM 65 FEET TO 100 FEET, FUTURE CARRIER EQUIPMENT AND
INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY, IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2519;PART NE4 SECTION 31,T3N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROXIMATELY 300 FEET
EAST OF STATE HIGHWAY 85.
• Chris Gathman, Planning Services, presented Case USR11-0012, 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, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
b" Gerald Muldowney stated that he represents 5280, the tower owner, on behalf of Level 3
Communications, LLC, who is the landowner. The proposal is to extend the height of an existing tower 35
feet. This extension will enable the co-location of Airtel. He added that Airtel will be providing wireless
broadband services to the surrounding communities using this tower to feed into existing fiber optic system of
Level 3.
I' The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joan Camp,PO Box 127, Platteville,Colorado,said that she would like to know who the property owner is and
if the tower should be higher.
Mr. Muldowney stated that the property owner of record is Level 3 Communications. He referred to the
• tower height question and said that height is arrived at based on Radio Frequency Engineering (RFE).
Brad Yatabe,County Attorney,inquired about the fall zone with relation to the tower height extension and the
landowners of the surrounding property. He added that he understands with the new height of 100 feet it
would put it outside of the current property. Typically there should be an easement if the fall zone is onto
someone else's property. Mr. Muldowney said that a condition may be placed that if the tower were to fail that
the debris field would fall within the leased parcel. He added that they would provide a structural engineer
certification.
Dr Motion: Add Condition of Approval 1.C to read "The applicant shall demonstrate through a certified
engineered statement that if the tower fails it will fall within the leased parcel"and re-letter accordingly,Moved
by Mark Lawley, Seconded by Benjamin Hansford.
Motion passed unanimously.
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.
r'° Motion: Case USR11-0012, be forwarded 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes =8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
r CASE NUMBER: USR12-0003
APPLICANT: MICHAEL&KIMBERLEA MILLER
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
• AN OIL AND GAS SUPPORT AND SERVICE(STORAGE AND MAINTENANCE OF
EXCAVATION EQUIPMENT, SEMI-TRUCKS AND WATER TANKS) IN THE A
EXHIBIT 3
• (AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE-2573;PART OF SECTION 9,T6N,R66W OF THE
6TH P.M.,WELD COUNTY,COLROADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 72 AND EAST OF CR 29.
r Michelle Martin, Planning Services, presented Case USR12-0003, reading the recommendation and
comments into the record. Ms. Martin added that prior to today,five letters were received from surrounding
property owners. She provided two additional letters to the Planning Commission. A summary of their
concerns are as follows:odor,noise,blocking of views,traffic,lighting,dust,access,the reduction of property
values in the area,spooking of livestock,environmental concerns and floodplain. The Department of Planning
Services believes that the conditions of approval and development standards will ensure that this use will be
compatible with surrounding land uses and therefore recommends approval of this application.
In Ms. Martin's visual presentation,she noted that currently the applicant has a residential access easement
permitted through a Recorded Exemption and shared with an adjacent landowner. According to one of the
letters submitted by that landowner they are not in support of that access to be used for the commercial
operation.
r Mary Evett, Environmental Health, noted that the applicant had applied for a septic permit in January
2012. She added that the engineer designed the system for 10 persons; however based on the initial
application the number of employees accessing the site exceeded the design and staff had requested that
changes be made to the septic design. Ms. Evett said that she received an email prior to the hearing today
from the applicant and he indicated that he will have no more than 8 or 9 employees on site.
Ms. Evett listed other conditions of approval/recommendations regarding the above ground storage fuel tanks,
alarm system for the vault and capacity of the holding tanks,and waste handling plan. In addition,there is an
office trailer that is temporarily hooked up to water using a hose from a water hydrant. There is a poly tank
• that the sewer from the trailer is connected to;therefore Ms. Evett requested further information.
r Heidi Hansen, Public Works, noted the traffic count from July 2006 and added that an updated count
should be taken in the next couple of weeks. Ms. Hansen explained the shared access issue and how the
applicant will attempt to resolve it.
Ms.Hansen stated that the applicant is proposing a maximum of 40 truck trips per day and small vehicle traffic
will be 80 trips per day.
A portion of the site is located within the 100 year floodplain and no parking or storage is allowed in that
floodplain. Currently,there is outdoor storage in the floodplain;therefore they will need to move it outside of
the floodplain.
Wendell Heyen,Building Official,provided a timeline of the building permit for the shop located on site.
He stated that there have been several extensions granted on the original permit from 2003;however it was
eventually expired because no inspections were performed. Since that time, two new permits have been
issued and again they were expired because it was not completed.
Mr. Heyen stated that no permit has been submitted for the office trailer at this time.
DP Michael Miller,2656 54th Ave, Greeley, Colorado,stated that his 67 acre farm is oddly shaped and not
conducive to farming. The application is for an oil and gas support facility and it seems to be the best use of
the property. He added that the property will be used for parking and maintenance of vehicles. Mr. Miller
noted that they are very sensitive to environmental concerns and intends to follow the conditions of approval
and development standards. In addition, he is planning to construct a new access and plant trees along the
north part of the property to screen the facility from the road.
• r The Chair asked if there was anyone in the audience who wished to speak for or against this application.
4
Marshall Ernst, 14179 CR 70,stated that he is opposed to this request and expressed concern over pollution
from his property entering the Coal Bank Creek and Cattail Creek, unsightliness of the property, hours of
operation,and non-compliance with his property. He submitted a letter of objection and read it into the record.
`'° Lawrence Merritt, 14774 CR 72, stated that he is opposed to this request because it is not compatible
with the surrounding agricultural properties and the traffic has significantly increased with this business.
Di" Phil Crowe, 1409 Pintail Court,Windsor,Colorado,stated that he leases a portion of the lowland swamp
from Mr. Miller and has a good working relationship with him. However, he is opposed to this request and
expressed concern over the safety of his small children next to this traffic and dust issues. He added that this
type of operation needs to be relocated on industrial property as it is not compatible with this area.
Dale Sanders, 14520 CR 72, stated that he is opposed to this request for the following reasons: lights
are shining in his house, dust and privacy issues, and the impact to his property value. He added that he
owns the access road that Mr. Miller is utilizing and opposes the commercial use of the access.
r°" Marty Harrison-Dumm,34824 CR 29,cited Section 22-2-150.D.8 Goal 4 and Section 23-2-220.A.3 and
stated that she is opposed to this request because it is not compatible with the surrounding area and is
concerned with environmental issues,and the impact to their property values,and quality of life. In addition,
she submitted a letter of objection and read it into the record.
ir Barbara Ernst stated that she is opposed to this request because of the increased traffic, floodplain
issues and added that this business is not compatible with the surrounding area.
• D. In addition, Ms. Ernst read a letter submitted by Allen and Dawn Skoglund, 34556 CR 29, into record
expressing their concerns and opposition to this request.
The Chair called a recess at 3:27 pm and reconvened the hearing at 3:42 pm.
Is* Mr. Miller responded to the public's concerns and stated that he will do his best to mitigate these
concerns. He requested approval of this case.
`' Mr. Miller answered questions from the Planning Commission regarding questions on what type of
maintenance is done on the equipment, hours of operation,the number of employees on site and if he had any
conversations with the neighbors. The Planning Commission directed staff to craft language to suite the on-
site and off-site employees as stated in the applicant's testimony. Ms. Martin suggested amending
Development Standard 4 to read"The number of full-time employees shall be limited to 9 and the number of
part-time employees shall be limited to 13 on site."
r` Motion:Amend Development Standard 4 to read"The number of full-time employees shall be limited to
9 and the number of part-time employees shall be limited to 13 on site", Moved by Robert Grand,Seconded
by Benjamin Hansford.
Motion passed unanimously.
Commissioner Lawley wished to clarify the hours of operation. Mr. Miller requested seven days a week
from 6:00 am to 7:00 pm and the ability to operate when emergencies occur. As directed, Ms. Martin
suggested amending Development Standard 3 to read"The hours of operations shall be limited to 6:00 am—
7:00 pm Monday through Saturday. In case of emergency only,the applicant may operate outside of normal
business hours."
•
5
• ` Motion:Amend Development Standard 3 to read"The hours of operations shall be limited to 6:00 am—
7:00 pm Monday through Saturday. In case of emergency only,the applicant may operate outside of normal
business hours.", Moved by Mark Lawley, Seconded by Bill Hall.
Motion passed unanimously.
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.
`" The Planning Commission discussed compatibility concerns and the communication issue between the
applicant and the surrounding neighbors.
I Motion: Case USR12-0003, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of denial, Moved by Jason Maxey, Seconded by Robert Grand.Vote: Motion passed
(summary: Yes=5, No= 3,Abstain=0).
Yes:Alexander Zauder, Benjamin Hansford, Jason Maxey, Joyce Smock, Robert Grand.
No: Bill Hall, Mark Lawley, Thomas Holton.
The Chair called a recess at 4:34 pm and reconvened the hearing at 4:45 pm.
CASE NUMBER: USR12-0006
APPLICANT: DCP MIDSTREAM, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY(TWO (2)
• PIPELINES GREATER THAN 10 INCHES IN DIAMETER) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PREFERRED ROUTE CROSSES SECTION 35 AND 36, T4N, R66W;
SECTIONS 25,26, 27, 31, 32,33, 34, 35 AND 36,T4N, R65W;SECTIONS 6,7,
18, 19, 28, 29, 30 AND 31,T4N R64W,AND SECTION 31,T5N, R64W OF THE
6T" P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST-WEST ALIGNMENT IS GENERALLY WEST OF AND ADJACENT TO CR 35;
0.5 MILES NORTH OF CR 38;WEST OF AND ADJACENT TO CR 45 AND NORTH
OF AND ADJACENT TO CR 40;WITH THE INTERCONNECT BEING 0.5 MILES
EAST OF CR 49 AND SOUTH OF AND ADJACENT TO CR 40. THE NORTH-
SOUTH ALIGNMENT IS GENERALLY 0.3 MILES WEST OF CR 51.
I'" Kim Ogle, Planning Services, presented Case USR12-0006, 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, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
Patrick Groom, 822 7th St, Ste 760, Greeley, Colorado, stated that he represents DCP Midstream. He
said that this proposal is for two pipelines greater than 10 inches in diameter. One pipeline will be for natural
gas and the other pipeline will be for natural gas liquids. The intention of this project is to allow DCP
Midstream to ship natural gas from the various processing plants and also to deliver the natural gas liquids
that are separated during the processing procedure to a proposed interstate natural gas liquid line that will
connect near the LaSalle Gas Plant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Pr The Chair asked the applicant if he read through the Development Standards and Conditions of
• Approval and if they are in agreement with those. The applicant replied that they would like to request 90 days
to submit the plats to the Department of Planning Services. In addition,he wished to clarify if Grading Permits
6
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