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Home My WebLink About20091440.tiffINVENTORY OF ITEMS FOR CONSIDERATION N N N Na N ti v N4 N N AppLLa0vvt eoLorado EvtU%weerL t Experivuevtstatiov, Irtes. (GeRsi) case Nuvvtber Avv.IttSR954 Subvvtitted or Prepared Pri.or to At Heari.v3U Hoy -LA.?, i Staff f covwvwevuts X Pepartw,evvtof PLavvvvi.wg servrces FteLd Check Form. X PL5Nstvlife.9 00vo.vtksiov,er FLeLd Ghecle Earn. Letterto AptLLaawt dated March 23, 2009, l',./ al 4, 2009 x Af fPdavLt of si,gv. postLv� x Leek. Notif&AatLevs X 2 AppLlcatiow X Maps Peed/ Easevwevtt certificate surrou tc L tot Propertup / A tercL owvvers ettGGtits 3 Referral List X Re ferraLs without cowtweev1t weld Couv,t j s'Verl f fs o f face, referral dated. March 24, 200'9 ceborado n�visi.ovv of Mlanisfe, referral dated. March 30, 2009 4 Referrals with covt newts X weld. Couv,t j zoviv e coo& LL wce, referral dated. March 23, 2009 Depart Kee Let of PuLldi✓,o Iwspectiov., referral dated March 31, 2009 weld. couv,tOEM referrab dated. Apra 1, 2009 west CreeLEU soil covvservotLow 9CstyLet referroL dated. Apr.L 3, 2009 nepartv,.ewt of P1bLLc works, referral dated Aprib 23, 2009 weL.. GouwtH nepartvt.evvt of P6tbLLo Health avA Ev„vixoo.vu.ev,t, referral dated Ap iL 23, 2009 treteltt?rn 'i 129, L 2s, 2 (Dye R) -7`Cf .. cyo 81$'<alslvt&4-Aty- 9 ,c EXHIBIT I U52.-�'StiI 2009-1440 • • weLd COuwtu uepumew t v{ vu n ,—rQJ L/u.P(ic V4V4 Di.vLsLow of water Resources referral dated Ma12, 200_9 herebu certL fu that the 4 Ltevws identified hereiw were subwuLtted to the t epartvuevut of PLa ww%w@ Services at or prior to the scheduled PLR col oi*Lssio ers Veal/Li/1.g. Kivu. O e U PLawwer • si Wilk COLORADO • • LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Case Number: AmUSR-954 Hearing Date: June 2, 2009 Applicant: Colorado Engineering Experiment Station, Inc. Situs Address: 54043 County Road 37, Nunn, Colorado 80648 Request: 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. Legal Description: Part SE4 Section 36, Township 10 North, Range 66 West of the 6th P.M., Weld County, CO. Location: Approximately one mile North of County Road 108, West of and adjacent to County Road 37 Size of Parcel: 27.1 +1- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies without comment: • Weld County Sheriffs Office, referral dated March 24, 2009 • State of Colorado, Division of Wildlife, referral dated March 30, 2009 • West Greeley Soil Conservation District, referral dated April 3, 2009 The Department of Planning Services' staff has received responses from the following agencies with comment: • Weld County Zoning Compliance, referral dated March 23, 2009 • Weld County Building Inspection, referral dated March 31, 2009 • Weld County Office of Emergency Management, referral dated April 1, 2009 • Weld County Department of Public Works, referral dated April 23, 2009 • Weld County Department of Public Health & Environment, referral dated April 23, 2009 • State of Colorado, Division of Water Resources May 12, 2009 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Water Conservation Board • Weld County Ambulance Services • Nunn Fire Protection District EXHIBIT AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 1 • 6iStv;; 11`9€ COLORADO • • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Case Number AmUSR-954 Applicant: Colorado Engineering Experiment Station, Inc. Situs Address: 54043 County Road 37, Nunn, Colorado 80648 Request: Legal Description: Location: Size of Parcel: Hearing Date: June 2, 2009 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. Part SE4 Section 36, Township 10 North, Range 66 West of the 6'h P.M., Weld County, CO. Approximately one mile North of County Road 108, West of and adjacent to County Road 37 27.1 +/- acres Parcel Number: 0301-36-0-00-008 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 2 • • • 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. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 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 AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 3 • • • include any possible future drilling sites. (Department of Planning Services) C. 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) D. 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) E. 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) F. 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) G. 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 23-2-250.6.7 of the Weld County Code. (Department of Planning Services) 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) 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) J. 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) AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 4 • • • 2. K. 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) L. 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) M. 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) N. The plat shall be amended to delineate the following: 1. All sheets shall be labeled AmUSR-954 (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) 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.B.6 of the Weld County Code. (Department of Planning Services) 8. 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 AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 5 • • 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) O. 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: dhuerterco.weld.co.us. (Department of Planning Services) 4. Prior to operation: 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) AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 6 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Colorado Engineering Experiment Station, Inc. AMUSR-954 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) AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 7 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) 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 23-3-250.6.6 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) 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) AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 8 • 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) 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) AMUSR-954 Colorado Engineering Experiment Station, Inc PAGE 9 • • W1�Yc „Ka COLORADO May 12, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FM: (970) 304-6498 Jerry Caldwell 212 Rosetta Lane Cheyenne WY 82007 Subject: AmUSR-954- 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 on a parcel of land described as Part of the SE4 of Section 36, T10N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on June 2, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. A subsequent hearing will be held on June 24, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 109' Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. esp ctfully, m Ogle Planner • COLORADO DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 May 4, 2009 Eric Harmon Colorado Engineering Experiment Station, Inc. 54043 County Road 37 Nunn, Colorado 80648 Subject: Referrals for Amendment to existing Special Use Permit AmUSR-942 Dear Eric: Please find enclosed a copy of the application and the referrals received to date for this amendment to USR-954. Twelve referrals were mailed out for comment and three referrals, (Sheriff, Colorado Division of Wildlife and the West Greeley Soil Conservation Service) returned referrals without comment. Five referral agencies provided comment (Zoning Compliance, Building Inspection, Office of Emergency Management, Public Works and Environmental Health) with the Nunn Fire Department, Ambulance Services, Division of Water Resources and Water Conservation Board not responding. In follow-up to my conversation with you this morning, the mineral leasehold and mineral interest owner require a 30 -day notice of any action to be taken at a public hearing. Should CEESI own the mineral interest for the property, no notice is required. Should CEESI not be the owner of the mineral interest, this will notice will be required after a determination of ownership is completed. In either scenario, please contact this office of standing such that a tentative hearing date may be established. Should you have any questions, please contact this office. Thank you. Sincerely, Kim Ogle Planning Services File: AmUSR-954 • • March 23, 2009 • • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Jerry Caldwell 212 Rosetta Lane Cheyenne WY 82007 Subject: AmUSR-954- Request for 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 on a parcel of land described as Part of the SE4 of Section 36, T10N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Planning Commission for their review and comments. Please call for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Kim Ole Planner 'ti I O COLORADO February 12, 2008 • Steve Caldwell Donald Kinney Colorado Engineering Experiment Station Inc 54043 CR 37 Nunn CO 80648 RE: BCR07-01526 — Building Permit for New Transformer DEPARTMORT OF PLANNING SERVICES BUILDING INSPECTION DIVISION NORTH OFFICE 918 10TH STREET GREELEY, COLORADO 80631 (970) 353-6100, EXT.3540 FAX (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, COLORADO 80504 (720) 652-4210, EXT. 8730 FAX (720) 652-4211 Dear Mr. Kinney: • received your letter dated February 5, 2008 and accompanying information. After review, Kim Ogle, Lead Planner, has agreed to release this building permit, with the stipulation that any future improvements or expansion of this facility will require an amendment to the site specific development den USR-954. Please feel free to contact our planning staff for information regarding the amendment process. Lin Dodge, Building Technician cc: File — BCR07-01526 USR-954 • • • BOARD OF COUNTY COMMISSIONERS' AND PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MAY 22, 2009 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSION AND BOARD OF COMMISSIONERS HEARING FOR 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. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this q day of 2008. WITNESS my hand and official seal. KIM OGLE Name of Person Posting Sign Signatof Person Posting Sign Jn N: ary Public My Commission Expires: 14--)CIPCSR • I I I FIELD CHECK Inspection Date: May 15, 2009 Case Number: AmUSR-954 Applicant: Colorado Engineering Experiment Station, Inc. Situs Address: 54043 County Road 37, Nunn, Colorado 80648 Request: Legal Description: Location: Size of Parcel: 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. Part SE4 Section 36, Township 10 North, Range 66 West Approximately one mile North of County Road 108, West of and adjacent to County Road 37 27.1 +/- acres Zoning Land Use N Agricultural N Grassland E Agricultural E Grassland S Agricultural S Grassland, residences in far distance W Agricultural W Grassland Comments: The property is located in rural Weld County on lands that sit high compared to all other land features. At one time this was an Atlas E Missile silo which has since been decommissioned. The improvements to the land are existing. New construction consists of one building. Access is from a private gated road. Utilities are present on site. o Site Distance — good, turning radius into and out of the property o Access to Property — paved road with access security gate • • • • • Attlitm IIIlie MEMORANDUM TO: PA09-006; Case File, pre -application DATE: January 16, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting an Amended USR Attendees: Roger Shaffer, CEESI Eric Harmon, CEESI Jim Clark, Clark Enterprises Don Carroll, Public Works Tom Honn, Planning Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Friday, January 16, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a new proposed building to existing site. (The legal description is part SE4 Section 36, Township 10 North, Range 66 West of the 6th P.M.; Situs Address is 54043 CR 37) Background Information: This site is currently permitted under USR-954 and encumbers approximately 27 acres. This site was used previously as a missile site by the military. The applicants currently have contracts with NASA, Department of Defense, and the Department of the Interior to name a few. The applicants test flow meters and calibrate them according to their instrument calculations. The applicants have proposed a new building to be utilized as a possible warehouse, general storage or future location of compressor. Public Works No Geotechnical Report is required. No Traffic Study is required; however the applicant must provide traffic counts for the number of employees as well as for the delivery trucks. Highway 85 is paved all the way to the entrance of the facility. Staff has requested that the applicant identify which areas are designated for parking. The applicant must also show how they intend to handle the stormwater runoff located on their property. • • Planning Department Two (2) Commercial wells are located on site as well as several septic systems. Staff stated that the information will need to be submitted to the Health Department for further evaluation to determine if these are adequate for the number of employees to date. The applicants indicated that they have approximately 45 employees currently at the site. There are minimal clients who come to the site for inspections. It is a secured facility with key cards. There is a night watchman who lives near the site. The applicants do not intend to have a watchman live on -site. There is a remnant of a helicopter pad which was utilized by the military. The applicants do not intend to use it other than for emergency purposes. • • 90% of the testing is performed inside of the buildings. The applicants expressed their concern of making this application and asked for explanations as to why adding a new building is outside of their permit. Staff stated that according to their previous plat, many of the buildings have changed; therefore it alerted staff that the applicants may have expanded or changed their use. The applicants stated that they wished to build this new building for the future possibility of having to replace their old compressor units. Staff advised the applicants to provide a letter addressing their future plans for the new building as well as a map identifying their current operations and plans for the future. Staff will research the existing USR-954 case file for employee numbers applied for at the time as well as identify areas of possible expansion. After the applicant has supplied the requested information, staff will evaluate it and make a determination of how to proceed. End memorandum. rint Form Submit by Email WELD COUNTY Y`V \\,"40N_ PRE -APPLICATION REVIEW REQUEST 1 The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Roger Shaffer Phone: 970 897-2711 Fax: 970 897-2710 Email: rshaffer@ceesi.com Address: 54043 WCR 37 Nunn, CO 80648 Project Description: new warehouse building Property Information: Section -Township - Range Section 36- Township 10 N. - Range .66W. Zoning Parcel Number Acreage 27.58 acres Site Address 54043 WCR 37 Water Source wells Legal Description SE 1/4 Section 36 Sewer septic system Owner Name Is this property currently in violation? Preferred date and time for meeting: i— Yes r No Case Number Rice Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 • 7 -Day Completeness W�!A @QuREKLEY ©FFIC€ ent Review MAR Q3MN PA# PA09-006 Case File, pre -application RECEIVED SUBJECT: Pre -Application Meeting prior to submitting USR for an Amendment to the existing Permit: Flow Metering Facility — updates to facility All facilities are located in Part of the SE4 Section 36, Township 10 North, Range 66 West of the 6th P.M.; Situs Address is 54043 County Road 37 HOLD PACKET AS THIS IS AN ORIGINAL & A SECOND COPY WILL NO BE SENT ❑ Public Works •d< Health ❑ Building ❑ Planning EAvibu Comments: WAIT' D rk - s c orb's r 3��.-vas Date: March 2, 2009, Comments Due No Later than March 10, 2009 • Hello