HomeMy WebLinkAbout20110769.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-1768
APPLICANT: Jack& Heddy Cary
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(fork lift business)and one (1) Single
Family Dwelling Unit per lot, other than those permitted under Section 23-3-
20.A of the Weld County Code (second dwelling unit), in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot A RE-4821; located in Part of the NW4 of Section 2,Ti N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52; east of and adjacent to CR 21.
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 22-2-10.6 states "The intent of the agricultural Goals is to support all forms of the
• agricultural industry and, at the same time, to protect the rights of the private property owners
to convert their agricultural lands to other appropriate land uses. The County recognizes the
importance of maintaining large contiguous parcels of productive agricultural lands in
nonurbanizing areas of the County to support the economies of scale required for large
agricultural operations". This business helps support the agricultural industry by servicing
agricultural equipment.
Section states 22-2-10.F "Land use policies should support a high-quality rural character
which respects the agricultural heritage and traditional agricultural land uses of the County,
as agricultural lands are converted to other uses (excluding urban development). Rural
character in the County includes those uses which provide rural lifestyles, rural-based
economies and opportunities to both live and work in rural areas.The natural landscape and
vegetation predominate over the built environment.Agricultural land uses and development
provide the visual landscapes traditionally found in rural areas and communities". The Fork
Lift business supports rural-based economies
Section 22-2-20.B.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".This business is a commercial use since some forklifts are
refurbished and sold and the impact to surrounding property owners is minimal.Te business
is conducted entirely within an enclosed workshop.
Section 22-2-20.B.A. Policy 2.3 "Encourage development of agriculture and agriculturally
related businesses and industries in underdeveloped areas where existing resources can
• support a higher level of economic activity. Agricultural businesses and industries include
those related to ranching, confined animal production, farming, greenhouse industries,
landscape production and agri-tainment or agri-tourism uses". This business supports the
farming and ranching industries since forklifts are used primarily in these industries.
2011-0769
Resolution USR-1768
Jack&Heddy Cary
Page 2
• 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 process.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Nelson Pipeline (USR 1375) is%mile east of the Cary property. To
the North West about 1 % mile is DCP Midstream's Gas Processing facility (USR 1588).
Directly to the west of the DCP plant is the Spindle Hill Power Plant which was annexed to the
Town of Frederick.To the north is Continental Pipeline(SUP 401),which is a permitted for oil
tanks and truck facility. To the south is agricultural production and rural 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. Weld County did not receive correspondence from the Town of Firestone or
the City of Fort Lupton to determine if the proposed use complies with adopted land use or
master plans.
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 January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
•
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, 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. Since this property is located
in an area designated as Important Farmlands of Weld County", map dated 1979.The owner
has consolidated the business and future dwelling on the property to conserve the outlying
portions of the property that are still viable for agricultural production and to also provide a
land buffer from adjacent properties.
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 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:
A. All sheets of the plat shall be labeled USR-1768. (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
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 USR-1768
Jack& Heddy Cary
• Page 3
E. County Road 21 is designated on the Weld County Road Classification Plan as local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-of-way.
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)
F. The off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
2. 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. In the event the applicant intends to utilize the existing septic system at the home, for business use,
the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought into compliance
with current Regulations. Alternately, a new septic system can be installed for office use. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services. (Department
of Public Health and Environment)
• 4. The applicant shall provide evidence to the Department of Planning Services that all noncommercial
junkyard items located on the property are screened from all adjacent properties and public rights of
way, or have been removed from the property. These items include equipment associated with the
business. (Department of Planning Services)
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(a)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-1768
Jack& Heddy Cary
Page 4
• Motion seconded by Jason Maxey.
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 March 1, 2011.
Dated the 1st of March, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jack and Heddy Cary
USR-1768
1. A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by
Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts(Fork
Lift Business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code (god dwelling unit) 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 Use by Special Review Permit allows for one (1)additional single-family home to be located on
the property as shown on the plat.
4. The number of on-site employees shall be limited to three (3). (Department of Planning Services)
5. The hours of operations shall be limited to 8:00 am — 5:00 pm Monday — Friday. (Department of
Planning Services)
6. 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)
• 7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(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 Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (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, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
Resolution USR-1768
Jack&Heddy Cary
• Page 6
15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
18. Effective August 1, 2005, 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 2005-8 Section 5-8-40) (Department of Planning Services)
19. 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)
20. 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)
• 21. At the time of construction of the proposed additional buildings on site the applicant is required to
obtain an access permit from the Colorado Department of Transportation. (Department of Public
Works)
22. The applicant must provide a Water Quality depression to control stormwater runoff from the site.
(Department of Public Works)
23. The applicant must show their water quality area on the final plat. The area should be called out as
"Water Quality, No Build or Storage Area" (Department of Public Works)
24. Please add the following note to the final plat: "Weld County is not responsible for the maintenance of
drainage related features." (Department of Public Works)
25. 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)
26. 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.
27. 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.
Resolution USR-1768
Jack& Heddy Cary
• Page 7
28. 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.
29. 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.
• CASE NUMBER: USR-1768
APPLICANT: Jack& Heddy Cary
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (fork lift business) and one (1) Single
Family Dwelling Unit per lot, other than those permitted under Section 23-3-
20.A of the Weld County Code (second dwelling unit), in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot A RE-4821; located in Part of the NW4 of Section 2, T1N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52; east of and adjacent to CR 21.
Tom Parko, Planning Services, commented that this application is to accommodate an existing business and
to add a second dwelling unit in the future.
The property has existing vegetation and screening from State Highway 52 and County Road 21 and the
business operations are conducted solely within the shop located north of the residence. Existing access to
the site is located off of State Highway 52 and is grandfathered according to documents from CDOT Region 4.
The site is surrounded by dryland pasture land and irrigated agricultural coupled with rural residential and
industrial uses. There are large tracts of land in the near vicinity. The proposed site is located within the
three-mile referral area of the Town of Frederick. The Town of Frederick did not return a referral response
indicating a conflict with their interests. In addition, the City of Ft. Lupton was also sent a referral and no
referral was returned.
Twelve 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.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Mary Evett, Environmental Health, commented that the site is served by an existing individual well and on
February 12, 2011 the Division of Water Resources approved change/expansion of the use of the existing
well. There is an existing septic system onsite for the home. It was permitted in 1981 for three bedrooms and
apparently there was an accident with the home and in 1982 a four bedroom home was placed on the property
and connected to the system. Based on the permit records the system is undersized for four bedrooms. The
applicant had the system evaluated by an engineer; however the engineer based his evaluation on just the
current occupancy but it did not address whether the system was adequate for four bedrooms.
Ms. Evett commented that Condition of Approval 4 may be removed as the applicant submitted a Dust
Abatement Plan.
Commissioner Hall asked how much the septic system is undersized. Ms. Evett replied that the system is
undersized by about 50 percent based on current code.
Mark Lawley moved removed Condition of Approval 4, seconded by Erich Ehrlich. Motion carried.
Heidi Hansen, Public Works, commented that access is off of State Highway 52 and is controlled by CDOT.
In their referral response they indicated no concerns with the proposed use. The applicants have met all the
concerns address by Public Works; therefore Condition of Approval 5 may be removed.
Alexander Zauder moved to remove Condition of Approval 5, seconded by Nick Berryman. Motion carried.
• Jack Cary, 10161 Hwy 52, Ft. Lupton, CO, stated that he has a mobile service truck and does 99.9% of the
work at the customer's job site. Occasionally, Mr. Cary will pick up a disabled forklift and bring it back to his
6
• property for repair. He added that customers rarely come to his property.
Mr. Cary indicated that he moved the four bedroom modular onto the property in 1982 and Michael St.Clair of
the Planning Board knew it was a four bedroom home on August 12, 1982 and signed off when they moved it
onsite. He provided a signed hard copy of the document. He added that it has worked fine for 30 years.
Commissioner Hall asked if it would be appropriate to require the applicant to upgrade the system if or when it
fails. Ms. Evett said that when there are bedroom additions that don't meet current Code or is with 20%of
what is needed for the additional bedrooms they require them to upgrade it at the time of the land use permit.
Mr. Cary asked if the office is in one of the bedrooms can it be changed to a three bedroom home. Bruce
Barker, County Attorney, said that the professional engineer needs to make the determination if the system is
adequate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1768 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. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• Erich Ehrlich left the meeting at 3:30 pm.
The Chair read the final case into record.
CASE NUMER: PZ-1158
APPLICANT: Rawah Resources, LLC
PLANNER: Tom Parko
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD (Planned
Unit Development)Zone District,with C-3 (Business Commercial) and 1-3
(Industrial) uses, open space, and continuing oil and gas production (Niobrara
Energy Park).
LEGAL DESCRIPTION: All of Section 19, T11N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 126; approximately 0.75 miles west of State Hwy
85.
Tom Parko, Planning Services, commented that the property is approximately 644 acres. The application as
proposed is unique to Weld County. The applicant's business plan and goal for the project is to attract and
encourage alternative energy and support industries that are involved in manufacturing, distribution or
research, support the development of biofuels,support the commercial development of wind and solar energy,
and support the development and use of other alternative energy sources. This case is unique because Weld
County has not processed a PUD for commercial and industrial uses. Staff has met the challenges
associated with this case and believes that the County's interests have been protected while at the same time
being able to support a project that has a potential to create jobs, consolidate industries and support existing
services.
This property is a full section or 640 acres. The property, however, is not flat and has several topographical
variations. To the south is a small substation. To the east are the Western Area Power Administration
• (WAPA) and Tri-State high-voltage overhead transmission lines which are located on the property. Further
east of the property are easements for fiber optic and gas transmission lines. To the west and to the north are
rather large scale rural properties utilized for ranching. The proposed site is not located within a three mile
7
• referral area of any municipality. Carr, located two miles to the west is an unincorporated townsite.
Twenty-four referral agencies have reviewed this case and ten have offered comments, some with specific
conditions. There have been several letters received that support this project. Staff has not received any
correspondence objecting to this project.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval.
Lauren Light, Environmental Health, stated that currently the State has issued four(4)commercial exempt well
permits for the property. The County Attorneys office has approved the requirement for proof of water at this
stage of development. The sewer service is going to be addressed as each use comes in. The only change
that they would present is in regard to Condition of Approval 2.F as the applicant is proposing to amend
"subdivision to PUD".
Don Carroll, Pubic Works, commented that at the time of Change of Zone application they typically review the
drainage, easements, drill envelopes, setbacks, and identify any creeks or rivers. County Road 126 is a
collector roadway with 80 feet of right-of-way at full build-out; presently there is 60 feet of right-of-way. The
average daily traffic count is 250 to 280 taken in July 2009. The 85 percentile for speed is 52 mph and 30%
trucks. At the time of Final Plat they will look for safe access points, a master drainage plan, traffic study,
Geo-tech report, and Improvements Agreement such as drainage improvements or road improvements.
Fred Otis, Otis, Coan&Peters, 1812 56th Ave, represents the applicant, Mr. Harrison. He commented that it is
exciting to have an energy development project presented today of the nature and magnitude that is being
proposed. Mr. Otis stated that Mr. Harrison has developed many areas within Weld County and has been
involved in creating land projects as well.
• Craig Harrison commented that staff has done an excellent job on this project. He wishes to make this project
process shovel-ready. He stated that he has had environmental audits done on the property. In one of the
reports, Mr. Harrison noted that a Tier 4 Data Center(which is a security center)could possibly be located on
this site.
Mr. Harrison stated that he intends to have horizontal drilling, gas plants, gas/electric generation, solar and
some wind, as well as Smartgrid onsite. He added that this area is the meeting of major gas lines,fiber optics,
and roadways.
Mr. Harrison commented that he believes that this request fits really well with the Weld County Policies and
requested approval of this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if the applicant wishes to amend Condition of Approval 2.F as mentioned earlier by staff. Mr.
Parko replied yes.
Jason Maxey moved to amend the language under Condition of Approval 2.F as follows"This PUD is in rural
Weld County.....", seconded by Robert Grand. Motion carried.
Mr. Otis requested to remove Condition of Approval 6.B regarding the 80 acre agricultural outlot. He added
that the PUD requirements have to do with designing a residential subdivision and because this is an Energy
Park PUD where there are 9 parcels with a minimum of 35 acres it doesn't make sense out of the 640 acres
that you have to create an 80 acre agricultural outlot.
Mark Lawley moved to delete Condition of Approval 6.B, seconded by Bill Hall. Motion carried.
• The Chair asked the applicant if he read through the amended Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
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Robert Grand moved that Case PZ-1158 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval 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. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Berryman commented that he is excited to see what happens with this energy park.
Commissioner Hall stated that Mr. Harrison's vision never ceases to amaze him.
Mr. Parko wished to express appreciation for the work that staff did in preparing this case.
The Chair asked the Planning Commission members if there was any new business to discuss. Mark Lawley
referred to the case of the baseball field and asked to revisit the concerns addressed. He believes that the
intent of the code isn't to have someone go through that in-depth of a process and pay $2500. Mr. Holton
expressed that staff should have more flexibility to make a decision on whether to proceed with hearings
instead of applying for a small scale permit. Mr. Barker said that it is hard when writing the code because
when we try to make it flexible then the next application doesn't fit the criteria established. Trevor Jiricek,
Planning Director, added that it is difficult to come up with criteria that are measurable for everyone to fall into.
Mr. Holton suggested possibly developing criteria which include different levels of impacts. Mr. Barker
recommended that prior to a Planning Commission hearing a discussion be held with the Board of County
Commissioners which will provide staff with direction on how to proceed based on the consensus of the
Boards.
• Meeting adjourned at 4:45 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
•
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