HomeMy WebLinkAbout20091439.tiffBEFORE 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: AmUSR-954
APPLICANT: Colorado Engineering Experiment Station, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Permit and an Amended Use by Special Review
Permit for an expansion of a Non -Conforming Use (flow metering facility) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the SE4 of Section 36, T1 ON, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1 mile north of CR 108 and west of and adjacent to CR 37.
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:
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 22-2-100.E. C.Goal 5 states:
"Minimize the incompatibilities that occur between commercial uses and surrounding
properties." Section 22-2-100.E.1. C.Policy 5.1.states: "Consider the compatibility with
surrounding land uses and natural site features." The facility is located on land that was
formerly utilized as an Atlas E Missile site. Surrounding lands are in rangeland and pasture.
Development Standards and Conditions of Approval will ensure that the proposed use will be
compatible with the vicinity. Chapter 23, Article VII addresses Nonconforming Lots, Uses and
Structures, more specifically described in Section 23-7-30 Nonconforming uses of land. The
Flow metering facility, approved under USR-954 is located on non-productive farm ground
and will not interfere with crop or livestock production. As an expansion of a non -conforming
use, this amendment is to update the plat to the current condition and to permit the new
structures.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.N of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for the expansion or extension of the Non -
Conforming Use in the A (Agricultural) Zone District. The property has been classified as a
non -conforming use since the land was utilized by the Federal Government for an Atlas E
Missile system. In approximately 1965 the property was utilized by CEESI as a flow
metering facility used for the calibration of flow meters. The property was zoned A
(Agricultural) January 5, 1977. Therefore, the existing facility was a legal nonconforming use
of land and structures. This application for the facility expansion is required under Section
23-7-30.A.1. that states "No such nonconforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the effective date of adoption
of the ordinance codified herein or amendment of this Chapter without first having received
an Amended Special Review Permit pursuant to the procedure established in Chapter 23,
Article II, Division 4 of the Weld County Code."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is dryland pasture and is agricultural in
nature with a few homes located approximately one and one-half miles to the south. There
are four property owners on five parcels within 500 feet of the property. The Town of Nunn is
approximately 4 miles to the southwest of the Special Review area. Conditions of Approval
and Development Standards, including the remoteness of the facility will ensure compatibility
with the surrounding area.
IEXHIBIT
I
Ann c154-1
2009-1439
Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
Page 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within three miles of a municipality or County.
E. Section 23-2-220.A.5 -- The site does lie within several Overlay Districts.
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)
F. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. Section 22-5-100.A of the Weld County Code states "promote the reasonable and orderly
exploration and development of oil and gas mineral resources." The applicant shall either
submit a copy of an agreement with the property's mineral owner/operators stipulating that
the oil and gas activities have been adequately incorporated into the design of the site or
show evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with
the State requirements as an attempt to mitigate concerns. The plat shall be amended to
include any possible future drilling sites. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County Department
Building Inspection, as stated in the referral response dated March 31, 2009. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
C. The applicant shall address the requirements (concerns) of the Weld County Office of
Emergency Management, as stated in the referral response dated April 1, 2009. Specific to,
but not limited to, storage of Hazmat (Coil, Fuel, et cetera) and evidence that the facility is
compliant with SARA Title 3. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Office of Emergency Management)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated April 23, 2009. Specific to, but not
limited to, the calculations, location and description of the water quality feature. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
E. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment, referral dated December 15, 2008. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
The applicant shall submit to the Department of Planning Services a property maintenance
plan for review and approval. The maintenance plan shall be in compliance with Section 23-
2-250.8.7 of the Weld County Code. (Department of Planning Services)
Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
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G. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
H. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services of the Weld County Department of Public Health & Environment. Evidence of
approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
The applicant shall submit a copy of well permit 251664 to Environmental Health Services,
Department of Public Health and Environment and to the Department of Planning Services.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
K. 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).
Evidence shall be provided to Environmental Health Services, Weld County Department of
Public Health and Environment from the Colorado Department of Health and Environment
that the system complies with the Regulations. Evidence of approval from the Department of
Public Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
L. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per
day the applicants shall provide evidence that all requirements of the Water Quality Control
Division (WQCD) of the Colorado Department of Public Health and Environment (specifically
Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment. Alternately, the
applicant can provide evidence from the WQCD that they are not subject to these
requirements. Evidence of approval from the Department of Public Health and Environment
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1684 (Department of Planning Services)
2. All Sheets of the USR Plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3. The attached Development Standards. (Department of Planning Services)
Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
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4. The plat shall delineate any signs in compliance with Article IV, Division 2 of the
Weld County Code. (Department of Planning Services)
5. Provide a legend on the plat which identifies the septic permit number that is
associated with each "drain field". (Department of Public Health and
Environment)
6. County Road 37 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. 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)
7. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-3-250.6.6 of the Weld County
Code. (Department of Planning Services)
The applicant shall provide a parking plan that designates parking spots for
employees, customers, and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Planning Services)
9. The Department of Planning Services has determined from the application materials
that fifty (50) parking spaces and two (2) ADA parking spaces will be required on
site. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings
(Department of Planning Services)
10. The approved location of the water quality feature for stormwater containment.
(Department of Public Works)
11. 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. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
12. The applicant shall submit two (2) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning
Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) 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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended 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(aco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
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A. The applicant shall provide a written sign -off from the Nunn Protection District to the
Department of Building Inspection. (Department of Building Inspection)
B. The applicant shall provide a written sign -off from the Office of Emergency Management.
(Department of Planning Services)
5. 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)
Motion seconded by Tom Holton.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Mark Lawley
Nick Berryman
Against Passage Absent
Erich Ehrlich
Roy Spitzer
Paul Branham
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 2, 2009.
Dated the 2nd of June, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Engineering Experiment Station, Inc.
AM USR-954
1. A Site Specific Development Plan and an Amendment to a Special Use Permit for an expansion of a
Non -Conforming Use [Flow Metering Facility] in the A (Agricultural) Zone District and subject to the
Development Standards stated hereon. (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. 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)
4. 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)
5. 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)
6. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The applicant shall
operate in accordance with the approved "dust abatement plan". (Department of Public Health and
Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. (Department of Public Health and Environment)
10. 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)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Well
Permit # 251664) (Department of Public Health and Environment)
12. Well Permit # 251664 cannot be used for any outside use, including landscape irrigation. (Office of
the State Engineer)
13. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and
Environment)
14. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
• 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
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16. 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)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. A building permit application must be completed and two sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
19. A plan review shall be approved and a permit issued prior to the start of construction. (Department of
Building Inspection)
20. 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
• 21. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy
Conservation Codes, the 2008 National Electrical Code and Chapter 23 of the Weld County Code are
being enforced. (Department of Building Inspection)
22. A letter of approval shall be provided to the Department of Building Inspection from the Nunn
Protection District prior to construction of any structure. (Department of Building Inspection)
23. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
24. 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)
25. The hours of operation are 7:00A.M. to 6:00P.M. Monday through Friday. (Department of Planning
Services)
26. The site shall not have more than forty-five (45) employees on site at any given time. (Department of
Planning Services)
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27. 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)
28. 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)
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Resolution AmUSR-954
Colorado Engineering Experiment Station, Inc
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29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
32. Personnel from the Weld County Government 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. (Department of
Planning Services)
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. (Department of Planning
Services)
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LEGAL DESCRIPTION
LOCATION:
the A (Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
East of and adjacent to CR 35 and approximately'/: mile south of State Hwy
34.
Chris Gathman, Planning Services, commented that staff just received a letter from the applicant's
consultant requesting a continuance as they are exploring annexation into the City of Evans. Staff is
recommending that this case be continued to the August 4, 2009 meeting to allow them sufficient time to
discuss that issue and come to some arrangement.
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 that Case USR-1691 be continued to the August 4, 2009 Planning Commission meeting,
seconded by Nick Berryman. Motion carried unanimously.
The Chair read the first case on the consent agenda into record.
CASE NUMBER: AmUSR-954
APPLICANT: Colorado Engineering Experiment Station, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Permit and an Amended Use by Special Review
Permit for an expansion of a Non -Conforming Use (flow metering facility) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1 mile north of CR 108 and west of and adjacent to CR 37.
Kim Ogle, Planning Services, stated that the applicant wished for this case to remain on consent and
added that the applicant has agreed to these terms.
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 Planning Commissioners if they wish to hear this case. No one wished to speak.
CASE NUMBER: AmUSR-1105
APPLICANT: Kelly & Anna Berndt
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review
Permit for the expansion of a shotgun shooting and sporting club to include
rifle and pistol shooting ranges, archery ranges, and outdoor lighting; to move
and expand the existing clubhouse (including food service facilities); and add
RV parking and hookups, in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot D of RE -4466, located in the NW4 of Section 11, T8N, R66W and the W2
NE4 of Section 11, T8N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 96 and approximately 650 feet east of CR 33.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Chris Gathman, Planning
Services, stated that they wish for this case to remain on consent. He commented that there is a
representative from Anadarko here who may wish to make a statement. He said that staff has received
letters from Anadarko and added that there is a condition of approval requiring an oil and gas agreement
prior to recording the plat.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Bell, Anadarko Petroleum Corporation, stated that he is attending the hearing on behalf of Anadarko
Land Corp and Anadarko ENP Company with respect to the application for the amendment to the use. Mr.
Bell commented that the Anadarko entities own all minerals that underline the property. They have submitted
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an objection letter to the County dated May 26, 2009 entitled "Notice of Oil and Gas Interests Owned by
Anadarko Land Corp and Anadarko ENP Company LP An Objection". He stated that they would like to make
the objection letter a part of the record in these proceedings.
Anadarko entities also sent a letter dated May 26, 2009 to Chris Gathman in which they waived not having
receiving timely notice of this hearing. He noted that Anadarko Land Corp is not objecting to the application
because of hard rock minerals interests that it owns for the property. The objection is limited to the oil and gas
interests that the Anadarko entities own for the property. The oil and gas interests are subject to an
exploration agreement between Anadarko and Rubicon Oil and Gas LP pursuant to which Rubicon has a right
to drill oil and gas wells on the property and earn an oil and gas lease. The Colorado Oil and Gas Commission
rules and regulations provide for four (4) drilling windows in a quarter section where the property is located.
Anadarko regularly works with developers to reach agreements for the compatible development of the surface
estate and oil and gas estate. Mr. Bell stated that they have already begun discussions with the Berndt's on
this property and feel very comfortable that they will reach an agreement with them.
Anadarko feels that to reach an agreement they understand that the Berndt's will stipulate on the record to an
agreement with Anadarko as a condition to the approval of the application.
Mr. Bell requested that the County include as a condition for the approval of the application that the applicants
and the Anadarko entities reach an agreement for the compatible development of the surface estate and the
oil and gas estate. He reiterated that they all feel comfortable that they can get this worked out with no
problems.
Seeing no further public testimony, the Chair closed the public portion.
Commissioner Ochsner clarified with Mr. Gathman that the stipulation is included in the condition of approval.
Mr. Gathman replied that the standard language is included in the resolution.
The Chair asked the Planning Commissioners if they wish to have this case pulled from the consent agenda.
No one wished to speak.
The Chair read the following case into record.
CASE NUMBER: 2ND AMUSR-897
APPLICANT: Aggregate Industries WCR Inc (Riverview Resource)
PLANNER: Kim Ogle
REQUEST: 2n° AmUSR-897- A Site Specific Development Plan and Second Amended
Use by Special Review Permit for Mineral Resource Development, including
Open Pit Mining and Materials Processing, including Concrete and Asphalt
Recycling, and a Concrete and Asphalt Batch Plant facility in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section
29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a
parcel in NW4 SW4; and Lots A and B of RE -978 being the NW4NW4 of
Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a
parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in of the 6th
P.M., Weld County, Colorado.
LOCATION: North and south of CR 64, East of CR 27; South of the Union Pacific
Railroad.
Kim Ogle, Planning Services, stated that they wish for this case to remain on consent. He added that staff
has received two (2) letters from surrounding property owners and feels that they have been addressed
through the conditions of approval and development standards.
The Chair asked if the applicant wishes for this case to remain on the consent agenda. The applicant
indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
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Kim Davis, 30856 Rocky Road. Ms. Davis commented that she resides in the Orr Minor Subdivision. The
research that she did online indicates that they may be mining right up to her property lines on the east side of
the subdivision. She added that if that is the intent, there is an agreement with this company that says they will
not do that and it is on file with the County and State.
Dave Goetzel, 13451 CR 64, Greeley, CO. Mr. Goetzel commented that his property is surrounded by the
mining operation. It currently is being mined on the other side of County Road 64 and will completely surround
his property. This is an agricultural area and the noise, dust, etc. will make it impossible to have any kind of
livestock. He added that it will drastically reduce the price of the property and the heritage of what it is. He
commented that he is opposed to this application.
Ray Sears, 13644 CR 64. Mr. Sears commented that he sent a letter on Friday. He wished to make a
correction to the second paragraph in which it states that the east and south property line border the gravel
pits being presently mined. He stated that it should have read the west property line.
Mr. Sears wished to reiterate the points in his letter. Their greatest concerns are the redirection of surface and
underground water that has taken place as a result of disruption to underground drain tiles that naturally drain
water through his property. That water fed some ponds that he has on his site as well as the site next to him.
Ultimately it dumps out into the Poudre River but historically they did have this drain tile connected.
Mr. Sears commented that Aggregate has provided them with an underground water pipe which supplies
water to those ponds right now; however if there is a disruption in the pumping then his water levels go down.
He added that they have fish in that pond and it would put them in jeopardy.
The berms that surround the gravel mining are a bit of an eye sore. The last three years it has been a real
cause of blowing sand and dirt. The berm line that is on the west part of his driveway provides a really nice
wind tunnel that funnels tumble weeds down into their property.
In Aggregates defense, Mr. Sears commented that they did some hydro seeding on those berms yesterday.
He added that unfortunately it implicates that those berms were there for a while and will continue to be there.
He commented that in talking with an Aggregate representative today it was confirmed that until business
picks up there won't be the necessary reclaiming of knocking that berm down.
The biggest devastation to his property has been the loss of trees that surround his property. He pointed out
that the cause of the destruction of these trees is obviously the lowering of the water table significantly.
The Chair interrupted Mr. Sears and asked if there were any Planning Commissioners who wished to have this
case pulled from the consent agenda to be heard. Robert Grand and Nick Berryman stated that they would
like to hear this case. The Chair commented that they will hear this case after Item B on the Hearing Agenda.
Robert Grand moved to approve the amended Consent Agenda including AmUSR-954 and AmUSR-1105 and
that they 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 Tom
Holton. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenberg
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