HomeMy WebLinkAbout20111473.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: USR-1772
APPLICANT: Pecan Pipeline, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(field office,storage yard,warehouse,communication tower,shop,
power generation facility, processing plant, gas metering station, truck loading
facility and parking) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 26,T12N, R63W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 71; north of and adjacent to CR 136.5.
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 as follows:
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.B.2.A.Policy 2.2 -Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture,to locate within agricultural areas when the impact
to surrounding properties is minimal or mitigated and where adequate services and
• infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production.
Section 22-2-20.G.A.Goal 7 - County land use regulations should protect the individual
property owner's right to request a land use change.
A. Policy 7.1. County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture,to locate within the agricultural areas,
when the impact to surrounding properties is minimal, or can be mitigated, and where
adequate services are currently available or reasonably obtainable.
A.Policy 7.2. 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. A.Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses.
The proposed oil and gas support and service facility, including a processing facility
preserves the property rights of citizens to own and use their property. The current surface
estate owner, Peter's 313 Ranch has executed an option to sell an 80-acre tract to Pecan
Pipeline from an existing 470± acre parcel. The remaining acreage will be preserved for
Agricultural production and will continue to provide a natural landscape buffer from
surrounding properties.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Commercial and Industrial use are supported in the Agricultural zone so long
• as those uses conform to the requirements under the Use by Special Review •rocess
tir
2011-1473
Resolution USR-1772
Pecan Pipeline, Inc.
Page 2
• The proposed oil and gas support and service facility is located in the"A"Agricultural zone,
which is consistent with other facilities located throughout Weld County. Commercial and
Industrial activities are already shaping and transforming the landscape in north Weld County
with the production and exploration from the Niobrara play. Section 23-3-40.A.2 states Oil
and Gas support and Service is allowed under Uses by Special Review.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
There is currently a large number or oil and gas operations in the vicinity of this project that
include drilling for oil and natural gas and a proposed commercial water facility. The project
will look to conserve as much agricultural property as possible and provide natural buffers
from adjacent properties. The majority of surrounding properties are dry-land pasture. The
nearest residence is one(1) mile south of the proposed facility on CR 71. The next nearest
residence is the Peter's homestead located approximately 1.3 miles to the southwest.
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.
There are no communities within the vicinity of this facility that have an IGA with the County,
or are within a three mile area. Oil and gas production continue to alter the landscape of this
region and well into the future. Weld County can anticipate similar facilities and uses in this
area and support this development.
• E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building permits issued on the subject site will be required to adhere
to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2011-2, Section 5-8-40)
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.
This property is not located in an area described as important farmlands of national
importance and the soil conservation district did not object or provide comments.The project
will preserve the remaining balance of a 470 acre tract associated with the Peter's 313
Ranch.
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.
This facility will be staffed with full-time employees and will be secured.The facility complies
with all Federal, State and Local laws. Applicable permits are obtained.
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. The plat shall be amended to delineate the following:
Resolution USR-1772
Pecan Pipeline, Inc.
Page 3
• A. All sheets of the plat shall be labeled USR-1772. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. 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 right-of-
ways and adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. In addition,the applicant will screen the lay down yard
with opaque material around the entire perimeter. (Department of Planning Services)
E. CR 71 &CR 136.5 are local gravel roads and requires a 60-foot right-of-way at full build out.
There is presently a 60-foot right-of-way. These roads are maintained by Weld County.
Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required
setback is measured from the future right-of-way line.
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated January 4, 2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Building
Inspection)
3. An Improvements Agreement between the Applicant and the County will be required for this project. It
will detail the approved haul route(s), any onsite and offsite requirements, and a maintenance
agreement including dust control for the haul routes shall be reviewed and approved by the
Department of Public Works and the Department of Planning Services. Acceptance of the
•
Improvements Agreement is required by the Board of County Commissioners.
4. A signed and stamped Final Drainage Report, following the checklist available on the Public Works
website, must be reviewed and approved before the Final Plat is recorded. Please provide full size
(24"x36") drawings with the Final Drainage Report.(Department of Public Works)
5. Upon completion of 1-4 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within sixty (60) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
7. 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 dhuerter[7a,co.weld.co.us (Department of Planning Services)
• 8. 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 USR-1772
Pecan Pipeline, Inc.
Page 4
• Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 June 7, 2011.
Dated the 7'" of June, 2011.t ^
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pecan Pipeline, Inc.
USR-1772
1. A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service
Facility(field office, storage yard,warehouse, 150-foot communication tower,shop, power generation
facility, processing plant, gas metering station, truck loading facility and parking ) in the "A"
Agricultural Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be limited to fifteen (15). (Department of Planning Services)
4. The hours of operations shall be twenty-four(24) hours per day, seven(7)days a week. (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. No third party sale of power is allowed as
specified by the applicant. (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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges from the
washing in accordance with the Rules and Regulations of the Water Quality Control Commission,and
the Environmental Protection Agency. (Department of Public Health and 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 and 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 and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided at all times. (Department of
Public Health and Environment)
13. Sewage disposal for the facility shall be by septic system.Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
• (Department of Public Health and Environment)
Resolution USR-1772
Pecan Pipeline, Inc.
Page 6
• 15. In the event the facility's water system serves more 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). (Department of
Public Health and Environment)
16. 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)
17. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
18. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only, etc.Also,the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health and Environment)
19. 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)
20. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
• 21. 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)
22. Effective April 25, 2011, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning
Services)
23. Effective April 25, 2011, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2011-2, Section 5-8-40) (Department of Planning Services)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of Planning
Services)
25. The Screening on site shall be maintained in accordance with the approved Screening Plan. The lay
down yard shall be screened with an opaque fence around the entire parameter.(Department of
Planning Services)
26. 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)
27. 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)
Resolution USR-1772
Pecan Pipeline, Inc.
Page 7
• 28. Weld County is not responsible for the maintenance of drainage related features.
29. The project will disturb over an acre of land,therefore a Weld County Grading Permit will be required
before construction. (Department of Public Works)
30. The project will disturb over an acre of land therefore a State approved Stormwater Management Plan
will be required. With the submittal of the Final Drainage Report, please provide a copy of Storm
Water Management Plan application as submitted to the State. Please provide a copy of the approved
permit once it has been obtained.The applicant is required to comply with all Colorado Department of
Health and Environment, Water Quality Control Division regulations regarding storm water quality
permitting and protection and construction storm water discharges. (Department of Public Works)
31. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
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 Development Standards
stated herein and all applicable Weld County regulations.
33. 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.
• 34. 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.
35. 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.
Resolution USR-1772
Pecan Pipeline, Inc.
Page 8
• 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.
•
•
6O/7/// k
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 7, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Tom Parko, Department of Planning Services; Heidi Hansen, Department of Public Works;
Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the May 3,2010 Weld County Planning Commission minutes, seconded by
Jason Maxey. Motion carried.
CASE NUMBER: USR-1772
• APPLICANT: Pecan Pipeline, Inc.
PLANNER: Tom Parko
REQUEST. A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(field office,storage yard,warehouse,communication tower,shop,
power generation facility, processing plant, gas metering station, truck loading
facility and parking) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 26,T12N, R63W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 71; north of and adjacent to CR 136.5.
Tom Parko, Planning Services, stated that this request is for a Site Specific Development Plan and Special
Review Permit for an oil and gas support and service facility(field office, storage yard, warehouse, 150-foot
communication tower, shop, power generation facility, processing plant, gas metering station, truck loading
facility and parking) in the A(Agricultural)Zone District.
The owner of record is Peter's 313 Ranch which is approximately 473 acres and is located in a remote area of
the County. Pecan Pipeline will eventually own the 80 acres which will be deeded once the Use by Special
Review(USR)is approved. As mentioned, the site is located in an area of the County with very low population
densities. The site is surrounded by dryland pasture with the nearest residence over one mile away.
Pecan Pipeline is proposing a gas processing facility with several ancillary uses that include an office, shops,
local power generation, communication equipment loading facilities, etc. Pecan will utilize an existing
Colorado Interstate Gas (CIG) pipeline to transport the commodity and have a pending interconnect
agreement with CIG. Given the location of the facility, the applicant is not proposing any landscaping for
buffering purposes but agreed to construct an opaque fence around the laydown yard for screening.
The proposed site is not located within the three-mile referral area of any municipality.
Fourteen referral agencies have reviewed this case and four offered comments,some with specific conditions.
• There have been no letters or electronic mail received and no telephone calls received for this land use
proposal either for or against the request.
( 1
, ; �
• The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, commented that according to the staff comments presented today
Conditions of Approval 3-10 have been met by the applicant and can therefore be removed. In addition, it
appears that there is a typo in Development Standard 11 with regard to Commercial noise levels and
Development Standard 12 is correct; therefore Ms. Light suggested removing Development Standard 11 as
well.
Mary Lawley moved to delete Conditions of Approval 3 through 10, seconded by Bill Hall. Motion carried.
Mark Lawley moved to delete Development Standard 11, seconded by Nick Berryman. Motion carried.
Heidi Hansen, Public Works, stated that County Roads 71 and 136.5 are local, gravel roads requiring 60 feet
of right-of-way, which they currently have. The applicants have requested three new accesses from County
Road 71 and they have been working with Janet Carter, Traffic Engineer. Ms. Carter has been working on
that and she has reviewed and approved the accesses. Staff reviewed the preliminary drainage report and
found it to be acceptable. The applicants have therefore submitted a final drainage report.
Greg Jacobsen, Pecan Pipeline, 600 17th Street, Denver CO, commented that they negotiated with the
landowner, Peter's 313 Ranch, to obtain an option to purchase the property. He commented that the only
change they made to the original application was a statement to the plan that all lighting for the facility face
downward.
Commissioner Grand referred to the proposed laydown yard and asked what level of traffic activity there will
be. Mr. Grand added that he is concerned with the quality of the roads. Ms. Hansen replied that FHU did a
study for the applicants and provided traffic estimates. She added that the total trip generation for the facility is
• 65 to 70 trips per day over a 24 hour period with a peak hour trip estimate of less than 15 trips per hour.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Ms. Hansen commented that after reviewing the staff comments presented today, Development Standards 28
and 29 need to be removed regarding water quality since the applicants are providing full drainage. She
suggested adding in a new Development Standard which states, "Weld County is not responsible for the
maintenance of drainage related features."
Robert Grand moved to delete Development Standards 28 and 29 and add a new Development Standard as
stated by staff, seconded by Bill Hall. Motion carried.
Commissioner Maxey stated that Development Standard 3 states that the number of onsite employees shall
be limited to five; however in the application EOG is proposing 2 to 3 and Pecan Pipeline is proposing 2 to 5
employees. He asked if the number of employees should be increased.
Commissioner Holton asked what the septic system allows for. Ms. Light replied that the septic system
accommodates 15 employees.
Jason Maxey moved to amend Development Standard 3 to allow up to 15 employees, seconded by Bill Hall.
Motion carried.
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.
Robert Grand moved that Case USR-1772, 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 Nick Berryman.
2
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes;AlexanderZauder,yes;Jason Maxey, ;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried.
CASE NUMBER: AmUSR-521
APPLICANT: David Farley Family Trust
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Amended Use by Special Revi Permit
for a Use Permitted as a Use by Right, an Accessory Use or Use b pecial
Review in the Commercial or Industrial Zone Districts (Farley's M hine Shop,
Airport and Agricultural Crop Spraying Operation) in the A(Agri Itural)Zone
District.
LEGAL DESCRIPTION: Part of the E2NW4; Lot A RE-5071, part of W2NE4 and P of the SW4 All in
Section 23,T3N, R66W of the 6th P.M., Weld County, C orado.
LOCATION: South of and adjacent to CR 32; approximately 1/4 mi east of CR 33.
Tom Parko, Planning Services, stated that this request is for a Site Specific Dev pment Plan and Amended
Use by Special Review for any use permitted as a Use by Right.Accessory U or Use by Special Review in
the Commercial or Industrial Zone Districts (Farley's Machine shop), ' port and Agricultural Service
Establishment(Agricultural Crop Spraying Operation) in the A(Agricultur Zone District.
The owner of record is the David Farley Family Trust. The property w s originally approved under USR-521
for an agricultural crop spraying operation and airstrip which was own at the time as the Krugal—Strong
Airport. There are several hangars on the site that are still le ed to individuals to house aircraft. The
amendment covers the addition of Farley's machine shop and retaker residence. The site is surrounded by
dryland pasture with the nearest residence directly to the we . Mrs. Farley currently lives on the property.
The proposed site is located within the three-mile referral rea of the Town of Platteville and the Town did not
• respond with a formal referral.
Eleven referral agencies have reviewed this case d five offered comments, some with specific conditions.
There have been no letters or electronic mail r ceived and no telephone calls received for this land use
proposal either for or against. However, pleas ote,that this application is to correct a violation and there are
several conditions of approval (mostly buildi related)that need to be satisfied prior to recording the plat.
The Department of Planning Services re mmends approval of this application with the attached conditions of
approval and development standards.
Commissioner Lawley asked what rompted the amendment. Mr. Parko said that the care taker residence
and the change in the use of t e operation as the original USR did not cover Farley's Machine Shop.
Commissioner Hall asked if th residence was there previously. Mr. Parko indicated that the mobile home
was a residence in 1982 and en converted into an office and then now it has changed back into a residence.
Lauren Light, Environm tal Health, stated that water is provided by a domestic well and will need to be re-
permitted to serve the obile home and the business as well. The applicant asked for 26 employees in their
application so if they ave 25 employees over a 60 day period that will throw them into State requirements as
stated in Condition f Approval 7. She added that they currently do not have that many employees.
Ms. Light said t t there are two septic systems on file. The mobile home has a septic permit designed for an
office of 6 p ple. There is another system serving the shop which can serve two people. Condition of
Approval 4/states that the applicant can install a new septic system or enlarge the existing system to
accommodate the number of employees onsite. She added that the applicants may have to adhere to the
State permitting requirements if they use over 2000 gallons a day.
Ms. Light stated that in the staff report"Prior to Recording the Plat" is not included and suggested that Health
• Department Conditions of Approval 4 through 10'be placed under"Prior to Recording the Plat",as is typically
seen in staff reports.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 3, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman, Michelle Martin, and Kim Ogle, Department of Planning Services; Don Carroll
and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the April 5, 2011 Weld County Planning Commission minutes,seconded by
Bill Hall. Motion carried.
• CASE NUMBER: USR-1772
APPLICANT: Pecan Pipeline, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility(offices, storage yard and warehouse) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 26,T12N, R63W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 71; north of and adjacent to CR 136.5.
Chris Gathman, Planning Services, stated that staff is recommending a continuance of this case until the June
7, 2011 Planning Commission hearing to address legal notification. He added that there is some additional
information that is required of the applicant to submit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to continue Case USR-1772 to the June 7, 2011 Planning Commission hearing,
seconded by Roy Spitzer. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1776
APPLICANT: Beverly Ensley,do Viaero Wireless
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(195 foot cellular tower)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-4494; located in Part of the W2SE4 of Section 31,T9N, R67W of the
• 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 98 and approximately'/mile east of CR 13.
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