HomeMy WebLinkAbout20091449.tiffHEARING CERTIFICATION
DOCKET NO. 2009-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #954 FOR AN EXPANSION OF A NON -CONFORMING USE (FLOW
METERING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - COLORADO
ENGINEERING EXPERIMENT STATION, INC.
A public hearing was conducted on June 24, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2009, and duly published May 22, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request of Colorado
Engineering Experiment Station, Inc., for a Site Specific Development Plan and Amended Use
by Special Review Permit #954 for an expansion of a Non -Conforming Use (flow metering
facility) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter
of record. Chair Garcia advised the applicant's representatives, Eric Harman and Roger
Shaffer, that they have the option of continuing the matter to a date when the full Board will be
present. However, if they decide to proceed today, the matter will require three affirmative
votes, or in the case of a tie vote, Commissioner Kirkmeyer will review the record and make the
determining vote. Mr. Harman indicated they would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located one mile north of County Road 108, and west of County Road 37.
He indicated the site was formerly utilized by the Federal Government as an Atlas E Missile site,
and the site is not located within the three-mile referral area for any municipality. He further
indicated the surrounding property is primarily dry land pasture, there several residences
located south of the existing facility, and there are four other surrounding property owners within
500 feet of the property. He stated the Town of Nunn is approximately four miles to the
southwest, and the site does contain an existing well, which provides potable water, and a
septic system. Mr. Ogle confirmed the property is classified as a non -conforming use, due to
the former use of the land as an Atlas E Missile system, and Colorado Engineering Experiment
Station, Inc. (CEESI), began utilizing the site in 1965 as a flow metering station for the
calibration of flow meters. He indicated the property was zoned A (Agricultural) in January,
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HEARING CERTIFICATION - COLORADO ENGINEERING EXPERIMENT STATION,
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1977, and the existing facility became classified as a legal non -conforming use. He further
indicated enlargement of a non -conforming use requires an amendment to the USR permit, as
stated within Section 23-7-30.A of the Weld County Code. He stated twelve referral agencies
reviewed this request, and ten provided comments which have been addressed through the
Conditions of Approval and Development Standards. He confirmed no letters or telephone calls
have been received from surrounding property owners, and he requested the deletion of
Condition of Approval #1.A, since it has been satisfied, and Development Standard #29, since
the language is not necessary. He displayed photographs of site and surrounding area, and
confirmed the applicant was granted early release for building permits to construct a new
storage building. In response to Commissioner Rademacher, Mr. Ogle indicated the applicant is
aware of the requirement presented within Condition of Approval #1.C; however, the applicant
has not yet presented written evidence to staff.
Don Dunker, Department of Public Works, stated County Road 27 is a local paved road,
requiring 60 feet of right-of-way at full buildout, and the road is maintained by the County. He
indicated the most recent traffic count was approximately 19 vehicle trips per day, with 85
percent of the traffic traveling at an average speed of 63 miles per hour. He stated the
application materials indicate that approximately one delivery truck will visit the site per day, and
two on occasion, and the long access drive on the site adequately accommodates the truck
traffic, so that no staging of vehicles on the County Road will have to occur. He further stated a
water detention area is required for the new building and parking areas, and he confirmed the
site is located within the floodplain. Responding to Commissioner Rademacher, Mr. Dunker
reiterated the applicant is required to provide a water quality feature, and the applicant has not
yet submitted the design or calculations. Further responding to Commissioner Rademacher,
Mr. Ogle clarified Condition of Approval #1.B contains standard language for building permits.
Lauren Light, Department of Public Health and Environment, stated potable water is provided by
a well, and the copy of the permit has been received, therefore, Condition of Approval #1.1 may
be deleted. She stated the applicant may be required to adhere to the drinking water
requirements issued by the State, depending on the number of employees on the site. She
further stated there are four septic systems on the property, with a capacity of service for 49
people, and the systems must be labeled on the plat. She indicated the applicant must contact
the State regarding the septic systems, to ensure the regulations are met. She further indicated
the applicant must submit a Dust Abatement Plan, for the outdoor storage area, and the
applicant may utilize a water truck, if necessary. She stated the applicant must submit a Waste
Handling Plan, for the typical office waste, as well as materials which may be utilized within
business operations, and the applicant must provide a list of any hazardous materials which
may be utilized on the site.
Mr. Harman stated the business utilizes air compressors, which were a part of the original Atlas
E Missile program; however, the compressors are starting to age and need to be replaced. He
confirmed the compressors are currently located within the underground facility; however, it is
becoming increasingly difficult to have the compressors serviced. He indicated a new building
will be constructed, for the relocation of the old compressors, as well as the addition of new
compressors. He confirmed the construction of the new building triggered the need for an
amendment to the USR permit, therefore, staff completed the necessary application.
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Responding to Commissioner Rademacher, Mr. Harman indicated the technicians on the site
typically work from 7:00 a.m., to 3:30 p.m., therefore, the hours of operation, as listed, are
sufficient. He confirmed engineers on the site occasionally work longer hours. Commissioner
Rademacher indicated it may not be necessary to limit the hours of operation, and in response,
Mr. Ogle confirmed staff does not object to the deletion of Development Standard #25. Further
responding to Commissioner Rademacher, Mr. Harman confirmed the site currently employs 45
people, and the current septic systems on the site serve 49 people, therefore he requested the
number of allowed employees be increased to forty-nine (49) within Development Standard #26.
He clarified he does not anticipate the need for more employees beyond that number, and he
does not desire to be required to complete an additional review of the septic system.
No public testimony was offered concerning this matter.
In response to Chair Garcia, the Board concurred with the deletion of Conditions of
Approval #1.A and #1.1, with the required re -lettering; the deletion of Development
Standards #25 and #29, with the required re -numeration; and the modification of Development
Standard #26, to reflect a maximum of forty-nine (49) employees.
Responding to Chair Garcia, Mr. Harman indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Colorado Engineering Experiment
Station, Inc., for a Site Specific Development Plan and Amended Use by Special Review
Permit #954 for an expansion of a Non -Conforming Use (flow metering facility) in the A
(Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included the deletion of Conditions of Approval #1.A and #1.1 and
Development Standards #25 and #29, with the necessary re -lettering and re -numeration, and
the modification of Development Standard #26 to state, "There shall be no more than forty-nine
(49) employees on the site at any given time." The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:50 a.m.
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HEARING CERTIFICATION - COLORADO ENGINEERING EXPERIMENT STATION,
INC. (AMUSR #954)
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This Certification was approved on the 29th day of June, 2009.
ATTEST: giir
Weld County Clerk to the
BY:
APP
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Dety Cle to the Board
ty Attorney
BOARD OF COUNTY COMMISSIONERS
WELQ CO •,e Y, COLORADO
David E. Long
2009-1449
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #954 - COLORADO ENGINEERING EXPERIMENT STATION, INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 06/02/2009)
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