HomeMy WebLinkAbout20112773.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-1785
APPLICANT: Doris Cunningham
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed
prior to adoption of any regulations controlling subdivisions(oil field products
manufacturing) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of AmRE-991; being part of the NW4SW4 of Section 2, T7N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 33; approximately 1/2 mile south of CR 86.
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.A.Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
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. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
Conditions of approval and development standards will ensure consistency with the Chapter
22 of the Weld County Code and will adequately mitigate impacts to surrounding properties.
Staff is requiring that the applicant completely screen the outside storage and parking area
with a minimum 6-foot high opaque fence and submit a lighting plan for review and approval.
Additionally, development standards have been added outlining noise standards, in addition
to limiting the number of employees, hours of operation and number of tractor trailers to what
has been stated in the application.
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.R of the Weld County Code allows 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 (Oil Field Products Manufacturing) as a Use By Special Review in the A
(Agricultural) Zone District.
EXHIBIT
2011-2773
t' - I :5
Resolution USR-1785
Doris Cunningham
• Page 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The site is located immediately to the south and north of two existing
single-family residences. Adjacent lands to the west and east are agricultural in nature
(cropland). A surrounding property owner, in a phone call received 8/10/2011, expressed
concerns about the proposed business and location of the existing structures from his
property line.Additionally, in an e-mail from a surrounding property owner received 8/7/2011,
concerns were expressed regarding the hours of operation, number of employees, outside
painting and storage of equipment onsite versus what is called in the application.This USR is
to correct a zoning violation (ZCV11-00013) for the presence of a commercial operation
without first obtaining the necessary Weld County Zoning Permits.This complaint was from a
private citizen. Should this application be approved and the final plat is recorded,the violation
will be dismissed. If this application is denied, all commercial storage and operations shall be
removed from the property within 30(thirty)days. If denied, staff requests this violation case
be forwarded to the County Attorney's Office with a delay of legal action for thirty(30) days.
Given the proximity to the residences and the concerns expressed, staff is proposing a
number of conditions of approval and development standards to address/ensure compatibility
with adjacent land uses. Staff is requiring that the applicant completely screen the outside
storage and parking area with a minimum 6-foot high opaque fence and submit a lighting plan
for review and approval. Additionally, development standards have been added outlining
noise standards, in addition to limiting the number of employees, hours of operation and
number of tractor trailers to what has been stated in the application.
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 proposed use is located within the 3-mile referral areas of the Town of
Ault and the Town of Pierce. The Town of Pierce indicated no conflict with their interests in
their referral received May 20, 2011. No referral response was received from the Town of
Ault.
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 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 use is on an
existing lot that is 3.5 acres and is covered with existing buildings and parking improvements.
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 provide adequate provisions for the protection of
health, safety and welfare of the inhabitants of the neighborhood and County.
• This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Resolution USR-1785
Doris Cunningham
• Page 3
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-1785. (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. 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)
E. County Road 33 is designated on the Weld County Road Classification Plan as
collector road,which requires 80 feet of right-of-way at full build out.A total of 40-feet
from the Centerline of County Road 33 shall be delineated as"edge of future right-of-
way for County Road 33". 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 plat shall delineate the approved Screening Plan. (Department of Planning
Services)
G. Show the existing access point on the Plat and label it with the Access Permit
number(AP11-00133). (Department of Public Works)
H. Label the water quality area as "Water Quality — No Build or Storage Area"
(Department of Public Works)
The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
J. The outdoor storage area. (Department of Planning Services)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated June 20, 2011 and in the e-mail from Frank
Piacentino received September 26, 2011. In addition,the appropriate building permits shall be applied
for any cargo containers to remain on the site. Evidence of such shall be provided to the Department
of Planning Services. (Department of Building Inspection)
3. In the event the applicant intends to utilize the existing septic system 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 business use. Evidence of
Environmental Health approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
Resolution USR-1785
Doris Cunningham
• Page 4
4. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
The waste handler and facility where the waste will be disposed (including the facility name, address,
and phone number).
6. The applicant shall provide evidence of having submitted an application for an Air Pollutant Emission
Notice (APEN) and a Construction Permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division. (Department of Public Health & Environment)
7. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and
approval. (Department of Planning Services)
8. The applicant shall submit to the Department of Planning Services with a Screening Plan for review
and approval.The proposed six-foot in height opaque fence shall completely screen the parking and
outdoor storage area. The type of fence and fencing material shall be delineated in the screening
plan. (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 the screening of the facility. 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. As an alternative, the applicant may submit
evidence that all the work has been completed and reviewed by the Department of Planning Services
prior to recording the plat. (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 (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)
11. 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)
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 mapsco.weld.co.us. (Department of Planning Services)
• 13. The Special Review activity shall not occur nor shall any building or electrical permits(BCR11-00712)
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-1785
Doris Cunningham
• Page 5
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
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 October 4, 2011.
Dated the 4'"of October, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Doris Cunningham
USR-1785
1. A Site Specific Development Plan and Special Review Permit for Site Specific Development Plan and
Use By Special Review Permit for a 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(Oil Field Products Manufacturing and painting) 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 eighteen(18). (Department of Planning Services)
4. The hours of operations shall be limited to 7:00 am — 8:00 pm Monday through Saturday.
(Department of Planning Services)
5. Semi tractor-trailers associated with the business shall be limited to 2 (two). (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-1785
Doris Cunningham
Page 7
• 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. 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)
18. All painting of oil field products associated with the business shall be conducted indoors. (Department
of Planning Services)
19. The applicant will continue to maintain a valid APEN until such time that surface coating is
discontinued or air emissions of pollutants are reduced to'zero' level. (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)
20. Building permits shall be obtained prior to the construction or change of use of any building
Requirements for submitting plans for permitting process may vary with each change of use. Please
• contact Weld County Building Inspection Department for specific requirements. (Department of
Building Inspection)
21. A plan review is required for each building except for buildings that meet the definition of Ag Exempt
buildings. Plans require the wet stamp of a Colorado registered architect or engineer. (Department of
Building Inspection)
22. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
International Building Code;2006 International Mechanical Code; 2006 International Plumbing Code;
2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2008 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
23. Each building will require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
24. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Zoning Ordinance. (Department of Building Inspection)
25. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
• Inspection)
Resolution USR-1785
Doris Cunningham
Page 8
• 26. 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)
27. 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties 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)
31. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
32. 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.All vegetation, other than grasses, needs to
be maintained at a maximum height of 12 inches until the area is completely developed. (Department
of Public Works)
•
33. 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.
34. 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)
35. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
36. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
38. 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
Resolution USR-1785
Doris Cunningham
Page 9
• 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.
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, 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 August 2,2011 Weld County Planning Commission minutes, seconded
by Ben Hansford. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1785
APPLICANT: Doris Cunningham
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use by Right,Accessory Use, or 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 part of a map or plan filed
prior to adoption of any regulations controlling subdivisions (oil field products
manufacturing) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of AmRE-991; being part of the NW4SW4 of Section 2, T7N, R66W of
the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 33; approximately Y4 mile south of CR 86.
Chris Gathman, Planning Services, stated that the Department of Planning Services is requesting that USR-
1785 be continued to October 4, 2011. The applicant has indicated that they would like to paint oil and gas
equipment on the site and it was not part of the original application. Therefore, staff is requesting additional
time so that referral agencies can review this information. Staff would like to request to continue the case to
the October 4, 2011 Planning Commission hearing date.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jason Maxey moved that Case USR-1785 be continued to the October 4,2011 Planning Commission hearing,
seconded by Nick Berryman. Motion carried unanimously.
R
The Chair read the next case into record.
CASE NUMBER: USR-1790
APPLICANT: Richard Dumm, Jr., & Martie Harrison-Dumm GISe
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review permit for any
1
Iv L] 20( 1
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 4, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair,Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman, Tom Parko and Kim Ogle, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Jason Maxey moved to approve the September 20, 2011 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1785
APPLICANT: Doris Cunningham
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to
adoption of any regulations controlling subdivisions (oil field products
manufacturing) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of AmRE-991; being part of the NW4SW4 of Section 2,T7N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 33; approximately 1/2 mile south of CR 86.
Bill Hall announced that he would like to recuse himself as he is personally involved with the applicant's
case.
Chris Gathman, Planning Services, stated that this request is to correct a zoning violation (ZCV11-00013)for
the presence of a commercial operation without first obtaining the necessary Weld County Zoning Permits.
The site is located immediately to the south of an existing single-family residence and also immediately to the
east of a single-family residence. Another residence is located approximately 500 to 600 feet northeast of the
site. A surrounding property owner, in a phone call received August 10, 2011, expressed concerns about the
proposed business and location of the existing structures from his property line. Additionally, in an e-mail from
a surrounding property owner received August 7, 2011, concerns were expressed regarding the hours of
operation, number of employees, outside painting and storage of equipment onsite versus what is called out in
the application.
• Eleven Referrals were sent out and seven referral responses were received from outside referral agencies.
Referral agencies indicated no comment or approval with conditions.
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• This site is located within the three-mile referral area for the Town of Ault and the Town of Pierce.The Town of
Pierce indicated no conflict with their interests and no referral response was received from the Town of Ault.
Mr. Gathman stated that he spoke to property owner in person with their concerns and issues regarding this
site. Similar concerns were noted regarding dust, fumes from the painting operation, overspray from the
painting operation, and the amount of traffic and impacts. Another e-mail, from the surrounding property
owner immediately to the north of the site, was received August 26, 2011. Again concerns were expressed
with the fumes associated with painting, potential inconsistencies with the application in regard to running two
businesses out of the property—excavation and oil and gas support and service. Also mentioned were dust
impacts and traffic impacts.
This case was continued on September 6,2011 to allow outside referral agencies to review the request by the
applicant to have painting of equipment on the site. The Division of Wildlife responded with no concerns and
the Department of Environmental Health suggested an additional development standard be added
(Development Standard #19) requiring a valid Air Pollution Emission Notice (APEN) until or if painting is
reduced to zero emissions. No additional comments from referral agencies have been received.
The applicants have applied for an APEN for up to 2.5 Volatile Organic Compounds (VOCs) annually. This
APEN is currently under review by the State of Colorado Department of Public Health and Environment. The
applicant is proposing to paint outside on the south side of the existing shop building. The applicant has
installed hay bales between their property and the property owner to the north. The applicant indicated that
during the month of August they painted approximately 4 days a month and used approximately 7.5 gallons of
enamel paint. Mr. Gathman stated that it is his understanding that the applicants have applied for or are
planning to apply for an APEN to allow painting off-site at sites where the equipment is to be installed.
Staff has proposed a number of development standards to address potential compatibility issues and the
• concerns raised by neighboring property owners including the following:
Development Standards 3-5 outline hours of operation,#of employees and number of semi-
tractor trailers associated with the operation.
Staff is requiring that the parking, staging,storage area be completely screened by a six-foot
opaque fence.
Additionally, staff is proposing a development standard that all proposed painting be
conducted indoors.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Heidi Hansen, Public Works, stated that County Road 33 is classified as a collector roadway requiring 80 feet
of right-of-way at full build-out. In August 2010, there were 1,056 vehicles per day on that roadway. The
proposed traffic for this site is up to 18 employee vehicles and two (2) semi-trucks.
Lauren Light, Environmental Health, stated that water is provided by a commercial well. Staff has a copy of
the well permit; therefore Condition of Approval 4 may be deleted. There is an existing septic system on site
sized for six(6) people. She added that the applicant can either enlarge the existing septic system or install a
new system.
Ms. Light stated that the painting came in after the original review of the application. Since there is painting on
site, staff would like the Waste Plan to include how the paints will be disposed of. The applicants have
submitted their Air Emissions application to the State, but referred any questions regarding the painting to Phil
Brewer, Weld County Environmental Health.
• Mark Lawley moved to delete Condition of Approval 4, seconded by Robert Grand. Motion carried.
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• Commissioner Grand referred to the neighbors'complaint of fumes from the paint and asked if the painting will
be a contained process. Ms. Light said that it is addressed through a development standard that all painting
will be conducted indoors.
Phil Brewer, Environmental Health, stated that the State Air Pollution Control Division issues the Air Pollution
Emission Notice (APEN). The State would defer to a local County decision if the County makes a decision
that the painting will be required to be indoors or in a paint booth. He understands that not all the painting will
be done on the subject site. He added that they are planning to do painting off site at oil and gas facilities that
are established. The fumes that are generated by spray painting are fumes that are not contained by a paint
booth. A paint booth will reduce the emissions of the particulates generated by overspray.
Commissioner Grand clarified if the paint booth will solve the fumes problem. Mr. Brewer replied that the paint
booth will not solve the paint fumes. Mr. Grand asked how we address the concerns from the surrounding
residences regarding paint fumes. Mr. Brewer said that all automobile repair facilities in the County that do
painting are not required by the State Air Pollution Control Division to have controls on their painting
operations for emissions of chemicals. Mr. Grand expressed concern for not having an answer to the
residence's concern.
Cliff Simpson, owner of C & H Excavation, stated that they have a welding fabrication shop where they
manufacture safety equipment for the oil and gas industry. He added that they have had to paint the things
that they have built as it comes in with raw material.
Mr. Simpson said that he has been in contact with Phil Brewer regarding the painting regulations. He added
that they have looked into performing the painting at the sites that the product will be installed. He further
added that all painting done on site is done by electrostatic process.
Mr. Grand asked if he met with his neighbors and talked about their concerns. Mr. Simpson said that he has
• met with all three of the neighbors. He said that the neighbor who lives the closest to him indicated no
concerns with this operation. Mr. Simpson said that he has had several meetings with the neighbors to the
north and added that not all of them have been good meetings. He met with another neighbor and the
conversation turned into something that was more personal rather than with regard to the business.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Patsy Deines,41474 CR 33, stated that she lives directly to the north of the site. She stated that she fears for
her safety, her property values and her personal health. She submitted a letter from her doctor for the record.
Ms. Deines said that her family chose to live there because it is a farming community and they wanted to be a
part of that.
She mentioned her safety because she said the newest hay bales that are put up as a buffer to their property
she sees them smoke and throw their cigarette butts out towards the hay bales. She added that their propane
tank is approximately 50 to 60 feet to the north side of the hay bales. She questioned that if a fire happens will
he be liable and is there enough insurance coverage to cover them.
With regard to the paint fumes,they are so bad that when they came home this past Saturday afternoon with
friends they couldn't sit on their patio and visit with them. This is a big concern as they invested everything to
purchase this property. Even if this doesn't reduce the property values it will definite diminish the number of
people who would be willing to purchase that property.
Ms. Deines also stated that the application said the operation would be 5 days a week; however he has been
there 7 days a week the majority of the time. He also said that he would be there 8 to 12 hours a day, and
noted that those hours have been exceeded.
Ms. Deines said that she has a lot of concerns and is not happy. Most of all,she would like to see this remain
as an agricultural community.
Dustin Winter stated that he is the property owner to the northwest of the site. He said that he has been a
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• farmer since he was 19 years of age and has lived at this residence for 21 years. He indicated that the subject
site and building was used as ag before and it needs to remain used as ag. Mr.Winter referred to a photo in
the presentation where it showed painting overspray on the ground and said that it is damaging ag ground. He
strongly expressed that this use needs to remain ag and they don't want to turn it into a commercial/industrial
park.
Steve Deines lives to the north of the site and asked what criteria it is that we are going to use to make this
recommendation. He is 50 to 70 feet from all this and it is miserable. He stated that the business is not to
operate on weekends; however they consistently operate on Saturdays. They paint indoors now but they
leave the doors open. Mr. Deines said that he cashed in his 401k and purchased this property and now they
are stuck with it. He expressed that he would like it to remain an ag community. He added that in the APEN
application it does not state that they are using electrostatic spray; rather it states air.
The Chair reminded the audience that they are an advisory board and encouraged them to attend the Board of
County Commissioner hearing.
Commissioner Holton asked the applicant if he is using the electrostatic painting system. Mr. Simpson said
that they have been using that application technique for the last 2 to 5 years.
Commissioner Grand referred to hours of operation and asked for clarification. Mr. Simpson said that he
would like to discuss changes to the hours of operation and the number of trucks. He said that he is the
owner of three(3)tractor trailers and the business is growing. The hours of operation have increased due to
the amount of production. Mr. Grand clarified if the applicant is currently working Saturdays. Mr. Simpson
said that at the time of application the hours of business were Monday through Friday but they have been
working on Saturdays. The Chair inquired what the applicant is requesting for changes. Mr. Simpson said
that he would like to have a maximum of 10 semi-trucks in and out. The Chair asked if this was discussed
with staff. Mr. Simpson said that this is the first opportunity that he has had to make this request.
• Ms. Hansen said that their referral comments are based off their traffic narrative. She read the narrative
submitted into the record. Commissioner Lawley asked if the 10 semi-trucks per day would trigger any
improvements. Ms. Hansen said that they may be required to have an Improvements Agreement and Road
Maintenance Agreement. She stated that the narrative description was very minor but with more trucks added
they would like to add an Improvements and Road Maintenance Agreement if the turning radius needs to be
improved or if tracking control is required. More discussions would need to be had with the applicant.
Mr. Lawley asked if this additional truck traffic would have an impact on the septic system. Ms. Light said that
currently it is sized for 6 employees so they will need to upgrade the system now for the 18 employees.
Mr. Grand asked the applicant if he gave some thought on mitigating the impact from the painting. Mr.
Simpson said that 95% of the painting is done off site so hopefully that will solve that concern.
Commissioner Holton asked the applicant to clarify his request for hours of operation. Mr. Simpson would like
to request that they be able to work on a Saturday based on the demand of the business. Mr. Simpson said
that he would like to work 6 days a week 13 hours a day.
Robert Grand moved to amend Development Standard 4 to include Saturday, seconded by Nick Berryman.
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-1785, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Mark Lawley.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, abstain; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
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Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• Commissioner Grand commented that this is a tough case where there are conflicting views and ideas. He
believes that everyone has a right to the use of their property, both as a homeowner and productive business
opportunity. Unfortunately, in some cases those are in conflict.
Commissioner Holton commented that the applicant needs to realize that his request is pushing the limit to
where it needs to be located in an industrial area. He encouraged the applicant to consider relocation to the
industrial area if the business continues to grow in the future.
The Chair called a recess at 2:29 pm and reconvened the hearing at 2:37 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1789
APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Storage Facilities(LNG Liquefaction and Storage)and Oil and Gas Support
and Service (fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11, T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22; approximately one(1) mile east of CR 31.
Tom Parko, Planning Services, stated that there were two steps in this particular process. The first step was
to locate the facility on a proposed Subdivision Exemption as this is an oil and gas support and service facility.
• The owner of record is Cannon Land Company. Encana is leasing 19.5 acres from Cannon Land for a LNG
(liquefied natural gas facility). The facility as proposed will be carried out in three phases. Phase 1 includes
two large 16,300 gallon LNG storage vessels and one LNG load off control facility. Phase 2 will include one
Liquid Nitrogen Storage vessel, one LNG Liquefaction skid and one LNG storage and dispensing. Phase 3 will
include a lot of uses in the future with five 100,000 gallon proposed LNG storage vessels, one shop and
control room, one gas pre-treating skid, one water-removal equipment skid, four area coolers, one
compressor building, one natural gas liquefaction equipment area, truck loading areas, one flare stack, and
two natural gas liquid storage vessels.
The proposed site is located within three-mile referral areas for the City of Fort Lupton and the Town of
Platteville. In neither case, however, is the proposed facility located in an urban growth boundary. Both
municipalities responded with no concerns or objections.
Thirteen referral agencies have reviewed this case and two offered comments, some with specific conditions.
There has been no correspondence received either for or against this proposal.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, said that because this is in three phases permanent water will not be
required until Phase 3.
Ms. Light noted that the last part of Development Standard 14 was left out. She requested that "Portable
toilets and bottled water would be provided for Phases 1 and 2" at the end of Development Standard 14.
Robert Grand moved to add the additional language as presented by staff to Development Standard 14,
seconded by Bill Hall. Motion carried.
• Ms. Light commented that noise from the proposed compressor could be regulated by the Oil and Gas
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