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Home My WebLink About20092337.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL #1.O FOR USE BY SPECIAL REVIEW PERMIT #1650 - UNITED FARMERS COOPERATIVE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 4, 2008, by Resolution #2008-1463, the Board of County Commissioners approved the application of United Farmers Cooperative, 2803 North Nebraska, York, Nebraska 68467, for a Site Specific Development Plan and Use by Special Review Permit #1650 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (propane storage and office) in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot A of Amended Recorded Exemption #2363; being part of the SE1/4 of Section 14, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners is in receipt of a request to waive Condition of Approval #1.O for Use by Special Review Permit #1650, submitted by Rodney Spencer, Manager, United Energy, LLC, and WHEREAS, on August 31, 2009, the Board of County Commissioners reviewed the Department of Planning Services staff comments and heard the testimony presented, and WHEREAS, the Board of County Commissioners deemed it advisable to modify Condition of Approval #1.O, to read as follows, "An individual sewage disposal system is required for the proposed facility, and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations at such time the office building is occupied. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services," and, WHEREAS, the Board of County Commissioners deemed it advisable to modify Development Standard #17, to read as follows, "A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at such time the office building is occupied." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #1.O and Development Standard #17 for Use by Special Review Permit #1650, be, and hereby are, modified as set forth above. 2009-2337 PL1969 00: PL,/citi,'/z_ 4f,°t ‘2`7/..2s47 RECONSIDER CONDITION OF APPROVAL #1.O (USR-1650) - UNITED FARMERS COOPERATIVE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: r`, fir' i!� XCUSED Weld County Clerk to the BY AP /at the Board my Attorney Date of signature: ei 117 Oel illiam F. Garcia, Chair David E. Long Douglas'ademaJh:r, Pro-Tem Sean P. Conway ) / �®/ L ar,,Kirkmeyer / 2009-2337 PL1969 ortr, COLORADO MEMORANDUM TO: Board of County Commissioners FROM: Chris Gathman — Planner Ill C.A. SUBJECT: Request to waive condition of approval 1.O (an individual sewage disposal system) for USR-1650 (Stahla Homes) Background: USR-1650 (Stahla Homes) was approved by the Board of County Commissioners on 6/4/2008 for a propane storage and office facility. The approved application materials indicate that the applicant planned to build a 20 x 30 square foot office for up to two (2) employees and that up to 5 customers a day would be visiting the site to pick up propane. United Farmers Cooperative (the current property owner), who purchased this property from Stahla Homes (and was under contract to purchase the property at the time USR-1650) was approved, is requesting a waiver of condition of approval 1.O of USR-1650, the condition reads as follows: "An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services." The applicant (Robert L. Spencer — Manager, United Energy, LLC) states in his 7/27/2009 letter that currently no customers visit the site (loads are picked up at the site for delivery to customers offsite) and that they average 1 transport load of product per week. The applicant plans to postpone the proposed office facility until business volume increases to a point to justify the cost. Recommendation: The Department of Planning Services concurs with the recommendation of the Weld County Department of Public Health and Environment that condition 1.O should remain due to the fact that this facility is not a temporary use (6 months or less). Additionally, it will be nearly impossible to track if the facility changes from offsite delivery only to allowing customer pick-ups (as originally indicated in their application). 2009-2337 ‘stztr COLORADO Memorandum TO: Chris Gathman, W.C. Planning DATE: August 14, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: USR-1650 NAME: United Farmers Cooperative Environmental Health Services previously reviewed this proposal for propane storage which consisted of two 30,000 gallon storage tanks and a 600 square foot office for two employees. The existing well on the parcel has been re -permitted for commercial use. An individual sewage disposal system was required for office use. As the facility will have employees who come to the site, they must have access to a restroom, hand washing facility and drinking water. There is an existing structure located on the parcel. Section 30-2-10 of the Individual Sewage Disposal System Regulations state "The owner of any structure where people live, work, or congregate shall ensure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order." It is the policy of this Department that portable toilets are allowed when a use is temporary or seasonal. The definition of temporary is six months or less. As the proposed use is not temporary this Department is not in support of the waiver. Section 23-2-200 of the Weld County Code states, in part: "The additional consideration or regulation of Uses by Special Review is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the County." Adequate drinking and sanitation facilities are necessary to protect public health. United cg Farmers Cooperative 2803 N. Nebraska, York, NE 68467 • 402-362-8405 • 888-636-3835 • Fax 402-362-8412 • www.ufcoop.com 07/27/2009 Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 RE: Property Completion Issues Commissioners: We are asking for a waiver from the condition of approval requiring us to install a public restroom. When we submitted our USR in 2008 we had plans to build a small office. Along with that we needed to drill a well and install a septic system for the public restroom. When we received the hard bid for the well it came in more than double what we anticipated. The bid was over $45,000, just for the well due to the extreme depth to water, in excess of 800 ft. and the numerous subterranean coal seam layers in that part of the county. Since this is a ground up business and the economy softened substantially in 2008, we want to postpone the office addition until the business volume can justify the additional cost. In this business all of our sales are made at the customer's location. We do not fill customer tanks at the bulk storage facility so we do not experience customer traffic at this facility. All delivery orders are taken and dispatched via telephone and we can handle the phone traffic at my home office. We would only be at the facility once per day on the average loading the truck for country deliveries. That takes about 15 - minutes to load the truck and we receive on average I transport load of product per week. In essence the current use would be very similar to the 6,000 gas wells in Weld County where employees are on site for short durations several times per week. We do want to keep open the option open to build a small office at the facility in the future. Sincerely, Rodney L Spencer Manager United Energy, LLC. Chris Gathman From: Sent: To: Subject: Chris, Sheri Lockman [sherilockman@what-wire.com] Wednesday, July 29, 2009 9:42 AM Chris Gathman Re: Board hearing As it is a bulk propane storage facility and the only activity that takes place is receiving product in and loading trucks for country deliveries, customers would not visit the site as long that is all we do there. Propane is a pressurized liquid and we use gloves during the truck loading process. We keep waterless hand cleaner onsite to clean our hands as needed. Do they have hand washing facilities at the gas well sites? Sorry to say the 17th won't work as Mr. Spencer has jury duty that day. What is the next available date? Sheri Original Message From: "Chris Gathman" <cgathman@co.weld.co.us> To: "Sheri Lockman" <sherilockman@what-wire.com> Cc: "Lauren Light" <llight@co.weld.co.us> Sent: Tuesday, July 28, 2009 10:15 AM Subject: RE: Board hearing Sheri, I spoke with Lauren and she had a couple of questions/clarifications: 1) Does the applicant intend at some time or any time in the future to have customers come to the site? 2) What does the applicant intend to do for handwashing/sanitation? I just talked to Esther and we are looking at August 17th at 9 AM as the scheduled time for the reconsideration. A sooner date was unavailable as the Clerk to the Board is dealing with Board of Equalization hearings over the next week to week and a half. Let me know if August 17th will work for you/the client. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Sheri Lockman [mailto:sherilockman@what-wire.com] Sent: Monday, July 27, 2009 8:32 PM To: Chris Gathman Subject: Board hearing Hi Chris, I have attached the letter for the Board of County Commissioners hearing. Please let me know when it willbe. Thanks, Sheri NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: August 31, 2009 TIME: 9:00 a.m. APPLICANT: United Farmers Cooperative Attn: Rodney Spencer 2803 North Nebraska York, Nebraska 68467 REQUEST: Consider Waiver of Condition of Approval #1.O for Use by Special Review Permit #1650 (propane storage and office) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption #2363; being part of the SE1/4 of Section 14, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to County Road 59, and north of and adjacent to County Road 20 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 18, 2009 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 18th day of August, 2009. ATTN RODNEY SPENCER UNITED FARMERS COOPERATIVE 2803 N NEBRASKA YORK NE 68467 SHERI LOCKMAN (via E-mail at sherilockman@what-wire.com) BOYD AND HELEN ARNOLD 28667 CR 20 KEENESBURG CO 80643 CAROLE GERKIN AND VINCE AND HELENA GERKIN 29590 CR 20 KEENESBURG CO 80643-9645 MARTHA HAFFNER 5335 KIOWA DR GREELEY CO 80634 LEO OSBURNSEN AND DARLAINE DAWSON 8986 CR 59 KEENESBURG CO 80643 BRUCE AND LETICIA SCHNAAK JR 8925 CR 59 PO BOX 584 KEENESBURG CO 80643 Deputy Clerk to the Board AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 130514400017 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature c2(111/2aC Date Within 500 ft. of Parcel# 1305.14400017 -r -- -, - NAME MAILING ADDRESS PARCEL IDENTIFICAT-I.ON ARNOLD BOYD & Additional Owners: ARNOLD HELEN 28667 CR 20 KEENESBURG,CO 80643 130524200034 ARNOLD BOYD A & Additional Owners: ARNOLD HELEN A 28667 CR 20 KEENESBURG,CO 80643 130514400018 GERKIN CAROLE A (1/2) & Additional Owners: GERKIN VINCE C & HELENA (JT- 1/2) 29590 CR 20 KEENESBURG,CO 80643- 9645 130513000020 HAFFNER MARTHA 5335 KIOWA DR GREELEY,CO 80634 130523100004 OSBURNSEN LEO EVERETT & Additional Owners: DAWSON DARLAINE 8986 COUNTY RD 59 KEENESBURG,CO 80643 130524200040 SCHNAAK BRUCE F JR & Additional Owners: SCHNAAK LETICIA P O BOX 584 KEENESBURG,CO 80643 130523100003 http://maps2.merrick.com/website/weld/setsql.asp 8/14/2009 Hello