HomeMy WebLinkAbout20120796 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,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: USR11-0027
APPLICANT: M&M EXCAVATION COMPANY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (OFFICE/REPAIR SHOP WITH OUTDOOR
VEHICLE/EQUIPMENT STORAGE AND VEHICLE STAGING AREA ASSOCIATED
WITH AN EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4762; E2NW4 SECTION 17, T5N, R64W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 58 AND '/ MILE EAST OF CR 51.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
• A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2 A.Policy 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-20 1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
The proposed Use by Special Review(USR)site is located in an agricultural area and will be
in the proximity of three single-family residences. The Department of Planning Services is
requiring that trucks and equipment to be parked/stored on site be screened from these
adjacent properties and public right-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.S of the Weld County Code allows for Uses by Right,
Accessory Uses and Uses by Special Review in the Commercial or industrial zone districts,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions (an
office/repair shop with outdoor vehicle/equipment storage and vehicle staging area
associated with an excavation business) in the A(Agricultural) Zone District
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed site is located in an agricultural area one mile north of C
• the Town of Kersey.There are three(3)single-family residences located approximately 700-
feet to the west, 400-feet to the north, and 350-feet to the east of the proposed USR site. A
USR for a gravel mining operation(USR-1687)approved in 2009 is located approximately%mile to the west. No phone calls, letters or e-mails have been received from surrounding
property owners regarding this case. The Department of Planning Services is requiring that
imam
2012-0796
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 2
• the truck/equipment parking area and staging area be screened from the adjacent residential
properties and public right-of-way.
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 USR site is located within the 3-mile referral areas of the City of Greeley
and the Town of Kersey. The site is located immediately outside of the Intergovernmental
Agreement Area(IGA)for the Town of Kersey. Both the City of Greeley and Town of Kersey
returned referrals indicating no conflicts with their interests.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The site is not located within the floodplain or within the boundaries of any overlay zone. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact
Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.The proposed USR is located
on "Irrigated Prime" soils according to the according to the Prime and Important Farmlands
•
Map of Weld and Larimer Counties. The proposed operation will cover approximately six(6)
acres of the existing seventy-six (76) acre parcel.
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 attached development
standards and conditions of approval will ensure adequate provisions for the protection of
health, safety, and welfare. Among the attached conditions, the Department of Planning
Services is requiring that the truck parking area and equipment staging area be screened
from adjacent residences.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to Recording the Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0027 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
• 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 3
• 5. County Road 58 is designated on the Weld County Road Classification Plan as
collector status road, which requires 80 feet of right-of-way at full build out.There is
presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way and shall
delineate the edge of future right-of-way for County Road 58 as well. 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. These roads are maintained by Weld County.
(Department of Public Works)
6. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
7. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
8. Show the access point on the Plat and label it with the Access Permit number
(AP12-00007). (Department of Public Works)
9. Show and label the approved Water Quality Area on the Plat. (Department of Public
Works)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated January 9, 2012. (Department of Building
Inspection)
3. 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)
4. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing
area(s)shall capture all effluent and prevent discharges from the washing of vehicles in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. Vehicle washing areas should be designated on the plat. (Department of Public
Health & Environment)
5. 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)
6. 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. The plan shall be 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)
7. 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:
A. A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
• B. A list of the type and volume of chemicals expected to be stored on site.
C. The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number). (Department of Public Health & Environment)
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 4
• 8. The applicant shall submit to the Department of Planning Services with a Screening Plan for review
and approval.Truck parking and heavy equipment storage and staging areas shall be screened from
nearby residences and county road rights-of-way. (Department of Planning Services)
9. 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). 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)
10. Upon completion of 1-9 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty-(&03 ninety (90) 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)
11. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required sixty—(60) ninety (90) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
• 12. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a�co.weld.co.us. (Department of Planning Services)
13. One Month Prior to Construction Activities:
A. In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
14. Prior to Release of Building Permits:
A. A commercial permit application must be completed and the following documents submitted:
1. Engineered plans for the metal building and foundations.
2. Life safety and code study plan including occupancy group, egress components, firewalls,
sprinklers, etc.
3. Accessibility requirements will need to meet ANSI A117.1-2003. This will include parking,
routes, rest rooms etc.
4. Mechanical, electrical and plumbing drawings.
5. Fire Department notification for the building and the fuel tanks.
6. A separate permit will be required for the fuel tanks. Provide fuel tank manufacture's specs
and listings.
7. Additional documents listed on the permit application.
• 15. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 5
• 16. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health & 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)
Motion seconded by Jason Maxey.
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 March 6, 2012.
Dated the 6th of March, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• M&M Excavation Company
USR11-0027
1. A Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Right,
an Accessory Use,or a Use by Special Review in the Commercial or industrial zone districts, provided
that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions (an office/repair shop with outdoor
vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A
(Agricultural)Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees on site at any one time shall be limited to twenty(20) as stated in
the application materials. (Department of Planning Services)
4. The hours of operations shall be limited to 6:00 AM-7:00 PM Monday—Friday,and 6:00 AM to Noon
on Saturday, except in the case of emergency. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
• 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan", at all times. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
• 14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
15. Bottle water, portable toilets, and hand wash units shall be utilized during construction of the facility.
(Department of Public Health and Environment)
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 7
• 16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the existing public water supply. (Central Weld County Water District) (Department of
Public Health and Environment)
18. 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 and Environment)
19. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. 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)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
•
Section 23-2-250, Weld County Code.
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of Planning
Services)
26. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
27. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
28. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
29. A building permit will be required for any new construction,alteration, or addition to any building on the
property. (Department of Building Inspection)
30. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
•
Inspection)
31. Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte
Valley Fire Protection District to the Weld County Building Department.
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 8
• 32. 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.
33. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
34. 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.
35. 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.
36. 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
RESOLUTION USR11-0027
M&M EXCAVATION COMPANY
PAGE 9
• 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.
•
•
3 _& _,,ZO/
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Carson Evans, 19909 CR 30, stated that he lives to the west of the property. He wished to have clarified what
size the property is in acres, how many vehicles can be stored on site and what type of screening would be
acceptable given that the elevation of his property and County Road 39 are higher than the applicant's
property. In addition, he expressed concern regarding the applicants utilizing his access.
Mr.Trevino said that with regard to Mr. Evan's access, it is the lease road for the oil and gas company. When
Mr. Evans purchased his property, Mr.Trevino said they gave him an easement from their property to access
his site which is adjacent to the oil and gas lease road. Mr. Trevino clarified that the majority of the time they
use the access in the middle of the property, but they do use the leased access on occasion to get trucks in
and out sometimes when it is muddy.
Mr. Trevino understands that they will need to provide screening. Mr. Gathman said that it could be trees or
other screening higher than 6 feet. The screening plan will need to be approved by the Department of
Planning Services.
Mr. Gathman said that according to the County Assessor it states that it is 11.08 acres but with the county
right-of-ways and ditch right-of-ways the net acreage is 8.03 acres.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0023, 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, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
• Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR11-0027
APPLICANT: M&M EXCAVATION COMPANY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (OFFICE/REPAIR SHOP WITH OUTDOOR
VEHICLE/EQUIPMENT STORAGE AND VEHICLE STAGING AREA ASSOCIATED
WITH AN EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4762; E2NW4 SECTION 17, T5N, R64W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 58.AND 'A MILE EAST OF CR 51.
Chris Gathman, Planning Services, stated that the applicant proposes to construct a new building containing a
shop and office for their excavation business. Two 8,000 gallon fuel tanks are also proposed to be installed
onsite along with ten (10) truck parking spaces and a proposed heavy equipment staging area.
Eleven Referrals were sent out and ten referrals were received and either indicated no conflict with their
interests or approval with conditions.
The proposed site is located in an agricultural area one mile north of the Town of Kersey. There are three(3)
single-family residences located approximately 700-feet to the west,400-feet to the north,and 350-feet to the
• east of the proposed USR site. A USR for a gravel mining operation (USR-1687)approved in 2009 is located t
approximately 1/2 mile to the west. No phone calls, letters or e-mails have been received from surrounding 9
property owners regarding this case. The Department of Planning Services is requiring that the V
3
truck/equipment parking area and staging area be screened from the adjacent residential properties and
public right-of-way.
• The USR site is located within the three-mile referral areas of the City of Greeley and the Town of Kersey.The
site is located immediately outside of the Intergovernmental Agreement Area (IGA) for the Town of Kersey.
Both the City of Greeley and Town of Kersey returned referrals indicating no conflicts with their interests.
Heidi Hansen, Public Works, stated that County Road 58 is a classified as a collector roadway. In April 2010
there were 258 vehicles on that roadway. The proposed traffic is minimal with 15 employees and they expect
6 to 8 trucks using the site daily. Staff has asked for access improvements including improvements for a
turning radius.
Mary Evett, Environmental Health, stated that the facility will be served by Central Weld County Water District
and added that a letter of commitment from the District was submitted. An engineered designed septic
system will be installed for the new shop and office building. The above ground storage tanks will need to be
registered by the State Oil Inspection and a Spill Plan will be required. In addition, the applicant will need to
revise the Waste Management Plan to include any waste generated from repairs and maintenance of vehicles
and equipment.
Ms. Evett recommended amending Development Standard 15 to read"Bottle water, portable toilets,and hand
wash units shall be utilized during construction of the facility." Robert Grand moved to amend Development
Standard 15 as stated by staff, seconded by Jason Maxey. Motion carried.
Patrick Groom, 822 7th St., Suite 760, Greeley, CO, stated that he is representing the applicant. M&M
Excavating has been operating in Weld County since 1997 and provides general excavation services. With
the exploded growth in the oil and gas activity, they have also grown exponentially and have outgrown their
current location. In 2007, they purchased this property with visions of constructing an office and shop. They
intend to develop an office and shop with a total footprint of 500 by 500 feet with the remaining 70 acres in
farmland production. They believe the impact to the neighbors will be minimal.
•
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Groom requested that Conditions of Approval 10 and 11 be amended to require the recording of the plat
within 90 days. Bill Hall moved to amend Conditions of Approval 10 and 11 as requested, seconded by Nick
Berryman. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR11-0027, 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, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes; Nick Berryman, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR11-0024
APPLICANT: DCP MIDSTREAM, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (12-INCH
NATURAL GAS PIPELINE) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED ROUTE CROSSES SECTION 36,T6n, R65w; SECTION 1,
13, 24,T5N, R65W; SECTIONS 6, 7, 18, 19, 30, 31, T5N, R64W OF THE 6th
• P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 64; NORTH OF CR 50; MAINLY RUNNING ALONG CR 49;
WEST OF CR 51.
4
Hello