HomeMy WebLinkAbout20081477.tiff HEARING CERTIFICATION
DOCKET NO. 2008-45
RE: 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 - UNITED
FARMERS COOPERATIVE
A public hearing was conducted on June 4, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2008, and duly published May 23, 2008,
in the Greeley Tribune, a public hearing was conducted to consider the request of United Farmers
Cooperative 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. Bruce
Barker, County Attorney, made this a matter of record. Chair Jerke advised the applicant's
representative, Linda Hulse, Casseday Creative Designs, LLC, that she has the option of
continuing this matter to a date when the full Board will be present. However, if she decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Rademacher will listen to the record and make the determining vote. Ms. Hulse indicated she
would like to proceed today.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written, and
gave a brief description of the location of the ten-acre site and surrounding land uses. She stated
there is a small barn/shop on the site which is surrounded by a chain link fence, and the structure
utilizes a septic system and well water. She further stated the application indicates there will be
two employees, with an average of five customers per day, between the hours of 5:00 a.m., and
7:00 p.m., Monday through Saturday. Ms. Hatch stated staff received three letters of concern
regarding the location of hazardous materials, a potential fire hazard, odor, increased traffic, noise,
and decreased property values. She stated twelve referral agencies reviewed the proposal, one
offered no comment, eight responded favorably or provided comments that have been addressed
in the Conditions of Approval and Development Standards,and no response was received from the
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Office of Emergency Management, the Colorado Division of Wildlife, or the Brighton/Southeast
Weld Soil Conservation District. Ms. Hatch stated Planning staff recommended denial of the
application, based on noncompliance with Sections 23-2-220.A.4 and 22-2-60.B(A.Goal 2),stating
the site is not located within an Intergovernmental Agreement(IGA), Urban Growth Boundary, or
Mixed Use Development area; however, it is within the three-mile referral area for the Town of
Keenesburg, which indicated the proposal does not comply with its Comprehensive Plan, which
designates the area as agricultural, rather than commercial. She stated Planning staff determined
that the proposed industrial use is not compatible with the Town of Keenesburg, and she gave a
brief narrative of previous oil and gas/compressor station uses on the site, which were vacated on
February 17, 1999. Ms. Hatch displayed photographs of the site, as well as a map of the
Keenesburg municipal limits and the IGA boundary.
Lauren Light, Department of Public Health and Environment, stated the existing water well has
been re-permitted for commercial use, a new septic system will be installed for the office, and the
applicant will be required to submit Dust Abatement, Tank Permitting, and Waste Handling Plans.
She stated the Development Standards will address the concerns and requirements of the
Department of Public Health and Environment, specifically Standard #11, which addresses odor.
She stated Phil Brewer, Weld County Air Specialist, indicated a State violation will be initiated if
odor becomes a nuisance; however, staff does not believe it will be a problem, since it is in the
applicant's interest to contain the product they intend to sell. She further stated the State permits
the tanks, and there are specific gas regulations that must be observed. Ms. Light stated the
applicant has submitted a Liquid Petroleum Gas Installation application which was approved by the
Colorado Oil and Gas Conservation Commission(COGCC). She stated there are no violations for
this site; however, the COGCC issued an approval for remediation and closure of the site on
December 1, 2003. She explained Patina was the previous owner/operator and there was some
soil and groundwater contamination; however, the site is currently in compliance, as confirmed by
the State.
David Snyder, Department of Public Works, stated the site is located at the intersection of County
Roads 20 and 59. He stated County Road 20 is a local gravel road, and County Road 59 is a major
arterial requiring 140 feet of right-of-way at full buildout. He stated the applicant is using the
existing access, and staff is requiring improvements to ensure an appropriate turning radius. He
stated the traffic should be minimal, therefore, dust abatement is not required, although it may be
required if complaints are received. In response to Chair Jerke, Mr. Snyder stated the water quality
capture feature is being required to alleviate any water contamination from impervious areas on
the site.
Ms. Hulse stated the applicant is proposing to use the site as a propane storage facility. She stated
the property was previously used by the Adolf Coors Company as a compressor station and
transmission facility, under USR#225, approved in October, 1973, and later vacated in February,
1999. She stated the property contained some hydrocarbon contamination as result of this use,
and was cleaned up in 2000. Ms. Hulse stated the current owner found additional contamination,
which is currently being cleared from the site this week. She stated the site has not been used for
agriculture since before 1973, and it is currently fenced for safety and will be monitored with a
security system. She stated the previous owner did leave a lot of debris on the site; however, the
applicant has cleared the property and intends to construct a storage barn and relocate the
entrance 150 feet from the intersection of County Roads 20 and 59. She stated the applicant will
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also be adding landscaping and trees to screen the facility from County Roads 20 and 59, and the
interior road will be gravel. She further stated the letters of concern from the neighbors were a
result of some misconceptions. Ms. Hulse stated propane is not regulated by the Environmental
Protection Agenda, since it is a non-toxic substance. She stated any leaks vaporize into the air and
all of the storage tanks and related equipment are installed in accordance with the National Fire
Protection Association. She stated there will be a minimal risk associated with the facility, and she
noted that propane is routinely used to heat homes with little risk. She further stated there are two
Weld County schools which have similar tanks on their properties which are used to heat the school
buildings. Regarding traffic concerns, Ms. Hulse stated two or three transport trucks will deliver
propane each week and the access will be relocated 150 feet from the intersection to improve
traffic flow. She stated the Town of Keenesburg indicated opposition, since the area is designated
for agricultural use; however, the facility is approximately 600 feet from a proposed commercial
corridor. She stated the Town of Keenesburg indicated opposition to drilling a water well, although
the well permit has already been issued by the State, and she submitted a copy of the Town
meeting minutes, marked Exhibit H. Mr. Barker requested the applicant submit a copy of the
PowerPoint presentation to be included in the file as Exhibit G.
Alfred Wilder, surrounding property owner, stated he is opposed to the proposal. He stated the
State issued a well permit; however, the Coors company sold the water rights associated with the
property, and the ditch water is not suitable for potable use. He stated when the site was used as
an oil and gas pumping station, the closest residence was approximately one-quarter of a mile
away, and that use was later vacated. Mr. Wilder stated the property has been used for cattle
grazing for the past eleven years, and two new houses have been built within 300 feet of the
property line. He expressed opposition to allowing two 30,000-gallon tanks, which will be very
hazardous and not in the best interest of the neighborhood. He stated the use creates a potential
fire hazard if farmers are burning weeds in the area, there is an unpleasant smell associated with
the gas, and although the facility may average two trucks per week, the company has indicated
there may be up to 15 trucks during the busy winter months, adding congestion to the roads. He
stated there are many alternate sites, further from homes, and the Town of Keenesburg is only
one-half mile from the site. There being no further comments, Chair Jerke closed public testimony.
Rod Spencer represented the applicant and stated the property does have the necessary water
rights for the well permit,and there are additional shares of Henrylyn Irrigation ditch water,although
they do not intend to use them. He explained the Coors Company tried to dry the property;
however, it was determined to be a violation, therefore, the property was vacated and the Quit
Claim Deed does include the water rights. Mr. Spencer stated he hopes to build the business over
time, and the facility currently receives three or four transport loads per day. He stated they do not
fill small bottles on the site, rather, the business deals with home and business deliveries. He
further stated the only other traffic will be generated by customers who come to pay their bills, since
a majority of the homes in the area rely on propane for heat.
In response to Chair Jerke, Ms. Hulse indicated she and the applicant have reviewed and concur
with the Conditions of Approval and Development Standards, as proposed. In response to
Commissioner Garcia, Ms. Hatch stated the previous use was vacated on February 19, 1999, and
the Town of Keenesburg adopted its Coordinated Planning Agreement on April 26, 1999. She
further stated the Use by Special Review Permit was approved in 1973, and vacated in 1999;
however, she is not sure if the use ceased prior to the vacation, or not. Chair Jerke stated he is
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HEARING CERTIFICATION - UNITED FARMERS COOPERATIVE (USR#1650)
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not opposed to the proposal, since the site has historically been used for agricultural purposes. He
stated the agricultural community requires the associated infrastructure, which is being offered by
this agricultural cooperative.
Commissioner Long concurred and added many other propane facilities are located near
residences and schools. He stated the industry is well regulated to ensure the health, safety, and
welfare of the citizens,and although there is some safety concern, it is well mitigated and regulated
through this permit.
Commissioner Garcia stated the water issue was addressed by the applicant, and although the
Town of Keenesburg is recommending denial, the site was under an existing Use by Special
Review at the time the IGA was approved.
Commissioner Masden expressed concerns with allowing the use, contrary to the IGA. He stated
the area is starting to develop, and he does not support the application.
Commissioner Long moved to approve the request of United Farmers Cooperative 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, based on the recommendations
of the Planning staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record. The motion was seconded by Commissioner
Commissioner Garcia. Upon a call for a vote, the motion carried three to one, with Commissioner
Masden opposed. There being no further discussion, the hearing was completed at 12:15 p.m.
This Certification was approved on the 9th day of June, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��
ATTEST: ,J � ,--1 CI I-- /-LA
v'T' William H. Jerke, Chair
Weld County Clerk t Pfel : t"-d ; $
_ EXCUSED D OF APPROVAL
L r
' �, f2�obert .e as�n, Pro-Tem
Deputy Clerk . the Board (f4
WillKm F. Garcia
cc,.,,i FoCi
David E. Long
EXCUSED
Douglas Rademacher
2008-1477
PL1969
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1650 - UNITED FARMERS COOPERATIVE
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Clerk to the Board E-mail re: Property Ownership, dated
04/29/2008
F. Planning Staff Certification and Photo of sign posting
G. Applicant PowerPoint presentation
H. Applicant Minutes for Town of Keenesburg meeting
on 4/21/2008
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