HomeMy WebLinkAbout20062882 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1573
APPLICANT: Cedar Creek Wind Energy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt NW4NW4 of Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a mineral resource
development facility (concrete batch plant) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 122 and east of CR 105.
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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80-CM.Policy4.1.5:"Require,where possible,that batch plants and processing
Equipment be buffered from adjacent uses." The facility is located within a rural area. The
nearest residences are approximately 3/4 mile to the east and 1 mile to the north of the
proposed site.
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.A and Section 23-3-40.A.4 of the Weld County Code provides
for Mineral Resource Development Facilities including Concrete Batch Plants in the A
(Agricultural)Zone.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The surrounding land immediately adjacent to the site is vacant. The
nearest single family residences are approximately 3/4 mile to the east and 1 mile to the
north.
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 nearest municipality to the site is the Town of Grover. No referral has
been received from the Town of Grover indicating a conflict with their interests.
Planning Staff believes that,with the endorsement of the Conditions of Approval,contained
in this recommendation, the approval of this use will not jeopardize the health, safety and
welfare of the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld County
Code. The site is not located within any overlay districts.
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is designated
as "high potential dry cropland - prime if irrigated" land according to the 1979 Prime
Farmlands of Weld County Map. The site is not irrigated.
7i
, . % 2006-2882
,+rs
Resolution USR-1573
Cedar Creek Wind Energy
Page 2
G. 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.
H. Section 23-4-250--Additional requirements for concrete batch plants have been addressed
through this application and the Development Standards will ensure compliance with Section
23-4-250 Weld County Code.
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:
1. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR-1573. (Department of Planning Services)
3. The Development Standards associated with this application. (Department of
Planning Services)
4. County Road 122 is identified on the Weld County Road Classification Plan as a
local gravel road,which requires 60-feet of right-of-way at full build out.The applicant
shall verify the right-of-way and the existing documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
5. If county road County Road 105 is identified as a county road right-of-way it shall be
identified on the Weld County Road Classification Plan as a section line access. The
applicant shall verify the right-of-way and the existing documents creating the right-
of-way. Additionally the date of approval for the non-exclusive license agreement
shall be indicated. All setbacks shall be measured from the edge of future right-of-
way. This road is maintained by Weld County. (Department of Public Works)
6. The location of all permanent structures, i.e., scale house,truck scale, all buildings
and/ or structures and known areas for "portable" machinery associated with this
land use application. Further all physical encumbrances presently in-situ for this site,
i.e., irrigation ditches, oil and gas facilities et cetera. (Department of Planning
Services)
7. The approved Site Lighting Plan. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
C. 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 their approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Resolution USR-1573
Cedar Creek Wind Energy
Page 3
D. 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 such shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
E. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. 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). Evidence of their approval
shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
F. In the event the applicant intends to wash vehicles or equipment on site, the following shall
apply:
The applicant shall provide evidence to the Department of Public Health& Environment that
any vehicle washing area will be designed and constructed to capture all effluent and prevent
any discharges from drum washing and the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission and the Environmental Protection
Agency. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
G. The applicant shall submit a Lighting Plan identifying the number,size and location of all on-
site fixed and mobile lighting fixtures. (Department of Planning Services)
H. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil inspection Section for any
aboveground storage tanks located on the site to the Weld County Department of Public
Health & Environment. Alternately, the applicant can provide evidence from the (CDL&E),
Oil Inspection Section that they are not subject to these requirements. Evidence of such shall
be provided to the Department of Planning Services. (Department of Public Health and
Environment)
The applicant needs to identify a designated haul route from the nearest paved road to the
batch plant facility, office and substation. The applicant shall enter into a Long-Term Road
Maintenance and Improvements Agreement with the Weld County Public Works Department
on the designated haul routes for heavy vehicle traffic to support transport and equipment.
(Department of Public Works)
J. The applicant shall submit a Private Road Improvements Agreement for all improvements
associated with this site, i.e.,fencing, overhead light fixtures, road base,et cetera or provide
evidence that the improvements have been completed to the satisfaction of the Department
of Public Works and Department of Planning Services. (Department of Planning Services)
K. To determine if a road right-of-way exists along the County Road 105 section line, determine
the land patent date. If road right-of-way exists,the applicant shall complete a Nonexclusive
License Agreement for the Upgrade and Maintenance for the Weld County right-of-way(CR
105) section line. (Department of Public Works)
Resolution USR-1573
Cedar Creek Wind Energy
Page 4
L. The application indicates that water for batch plant operations will be brought in by truck from
Wyoming. It also indicates that water supply may be augmented by an onsite well. A water
hauling agreement shall be provided to the Department of Planning Services. If operations
are to be augmented by a well a copy of an approved well permit shall be provided to the
Department of Planning Services. (Department of Planning Services)
M. If USR-1563 is already recorded, the portion of the USR-1563 site (Cedar Creek windfarm
facility)upon which this batch plant is proposed shall be vacated. (Department of Planning
Services)
3. Upon completion of 1. and 2. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
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 mapsta'�.co.weld.co.us. (Department of Planning Services)
5. Prior to operation:
1. One month prior to operation, the applicant shall submit evidence of compliance with the
State of Colorado Department of Public Health and the Environment specific to a stormwater
discharge permit may be required for a development/redevelopment/construction site where
a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area.
Contact the Water Quality Control Division of the Colorado Department of Public Health and
the Environment at www.cdohe.state. co. us/wa/PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of
compliance with referral shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
2. Proper building permits shall be obtained in accordance with the Weld County Building
Inspection Department,prior to any construction,demolition,or excavation.Part of the permit
application process includes a complete plan review. (Department of Planning Services)
3. The applicant shall provide a sign off from or provide evidence that notification has been
provided to Francis E. Warren Air Force Base.
6. 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)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cedar Creek Wind Energy, LLC
USR-1573
1. This Site Specific Development Plan and Use by Special Review for a Mineral Resource Development
Facility (Concrete Batch Plant) in the A (Agricultural) Zone District, as indicated in the application
materials on file 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. Any time the applicant would utilize the right-of-way or cross the right-of-way,a Weld County right-of-
way permit shall be required. Contact the Weld County Public Works Department, P.O. Box 758,
Greeley, Colorado, 80632, at 970-381-3779. This permit shall be in place prior to any work being
done within the right-of-way. (Department of Public Works)
4. This permit shall be obtained also from the Weld County Public Works Department for transporting
the overweight or overwidth items utilizing county roads or rights-of-way. Contact the Weld County
Public Works Department, P.O. Box 758, Greeley, Colorado,80632, at 970-381-3779. (Department
of Public Works)
5. If County Roads are damaged beyond normal wear and tear by importing and delivering concrete
material due to heavy hauling, the applicant or applicant's contractor will repair the road damage to
the satisfaction of the Public Works Department (Motor Grader Division Supervisor). The Weld
County Public Works Department will determine when this is warranted.Upon notice by Weld County,
the applicants will cease hauling operations or direct the contractor to cease hauling operations until
the roads are repaired to the satisfaction of the Weld County Public Works Department. Hauling
operations will not be allowed to resume until the condition of the road allows heavy hauling without
damage being done to the road. (Department of Public Works)
6. There shall be no staging or parking of vehicles or equipment on maintained county roads. Utilize on-
site locations and private rights-of-way. (Department of Public Works)
7. If excessive heavy truck hauling of concrete or materials cause dust problems to the adjacent
property owners, the applicant shall be required to provide an adequate dust suppressant chemical
(calcium chloride or magnesium chloride)for approximately 300 feet at any residence. Determination
on application shall be determined by the Weld County Public Works Department (Motor Grader
Division Supervisor) based on complaints, average daily traffic counts, and increase of heavy truck
hauling associated with this operation. (Department of Public Works)
8. If a drain culvert is required, a 15-inch corrugated metal pipe is the County's minimum size
requirement. If the applicant chooses to place a larger culvert,please contact the Weld County Public
Works Department to adequately size the culvert. (Department of Public Works)
9. The access shall be placed in such a location to have adequate sight distance in both directions and
not below the crest of a hill or where physical obstructions are present. (Department of Public Works)
10. Adequate turning radiuses shall be installed at all entrances to accommodate large truck movement.
The off-street parking and loading zones shall be surfaced with gravel or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
11. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
12. The right-of-way shall be a graded and drained road to provide an all-weather access. (Department
of Public Works)
13. Utilize the(MUTCD)Traffic Manual to appropriately sign construction zones and crossings adjacent
to county roads. (Department of Public Works)
Resolution USR-1573
Cedar Creek Wind Energy
Page 2
14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
15. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
16. Utilize the erosion control plan for all the site until vegetation is established in the area. (Department
of Public Works)
17. Tracking pads are required at all measure construction locations where there is heavy traffic coming
from the site onto the county road. The purpose of tracking pads is to keep mud and debris from
leaving the site and being tracked on the county road contaminating the existing gravel road with mud
and debris. (Department of Public Works)
18. 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)
19. 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)
20. 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)
21. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
22. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
23. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
24. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
25. Bottled water shall be provided to employees at all times. (Central Weld County Water District)
(Department of Public Health and Environment)
26. Portable toilets facilities (port-a-potty) and handwash stations shall be provided. (Department of
Public Health and Environment)
27. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
28. 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)
29. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
Resolution USR-1573
Cedar Creek Wind Energy
Page 3
30. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
31. The applicant shall enter into a Long Term Road Maintenance and Improvements Agreement with
the Board of County Commissioners. (Department of Public Works)
32. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
33. Building permits shall be obtained prior to the construction or placement of any structure such as a
concrete batch plant and any other structures placed on the parcels. An electrical permit will be
required for any electrical service to equipment. A plot plan shall be submitted when applying for
building permits showing all structures with accurate distances between structures, and from
structures to all property lines. (Department of Building Inspection)
34. A plan review is required for each building for which a building permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. (Department of Building Inspection)
35. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National
Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
36. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
37. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
38. Building height shall be measured in accordance with the 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. Offset and setback requirements are
are measured to the farthest projection from the building. (Department of Building Inspection)
39. The setbacks for the batch plant operation are measured from the future right-of-way plus the
standard twenty (20) feet in the Agricultural Zone District. (Department of Planning Services,
Department of Public Works)
40. Permits are required for all electrical work including electrical services for construction trailers, site
lighting, et cetera. (Department of Planning Services)
42. Drawings for any building or related projects shall be submitted to the Pawnee Fire Protection District.
(Department of Planning Services)
43. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies.
(Department of Planning Services)
Resolution USR-1573
Cedar Creek Wind Energy
Page 4
44. Per section 23-3-250.D of the Weld County Code:
A. Sources of light, including light from high-temperature processes such as combustion or
welding, shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on adjacent properties; and
B. Neither direct nor reflected light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets and no colored lights may be used which may
be confused with or construed as traffic control devices. (Department of Planning Services)
45. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light, Monday through Saturday,except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation in the winter months
(November through April) will be 7:00 am to 5:00 pm and in the summer months (May through
October)will be 7:00 am to 7:00 pm with limited hours of operation during the summer months. Hours
of operation may be extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and executive offices
or repair and maintenance facilities located on the property. (Department of Planning Services)
46. The number of on-site employees shall be limited to twenty(20)as stated in the application materials.
(Department of Planning Services)
47. Upon cessation of the batch plant operation. Equipment shall be removed and the site shall be
revegetated and reclaimed in the manner stated in the application materials.(Department of Planning
Services)
48. 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)
49. 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)
50. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-290, Weld County Code. (Department of Planning Services)
51. 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)
52. 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. (Department of Planning Services)
53. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review.
If the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
54. 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)
Resolution USR-1573
Cedar Creek Wind Energy
Page 5
55. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
56. 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)
57. 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)
Motion seconded by Erich Ehrlich
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
Mark Lawley
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,Voneen Macklin, 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 October 3, 2006.
Dated the 3r° of October, 200 .
Voneen Macklin
Secretary
10 -3- Jduko,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 3, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street, Greeley,Colorado. The meeting was called
to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald
Chad Auer
Doug Ochsner Absent
Tom Holton
Paul Branham
Also Present: Chris Gathman, Brad Mueller, Don Carroll, Char Davis, Jesse Hein, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on, September 19,
2006, was approved as read with corrections.
— CASE NUMBER: USR-1573
APPLICANT: Cedar Creek Wind Energy LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt NW4NW4 of Section 2, T10N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
mineral resource development facility(concrete batch plant) in the A
(Agricultural)Zone District
LOCATION: South of and adjacent to CR 122 and east of CR 105.
Chris Gathman, Department of Planning Services presented Case USR-1573, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards. The
operation is proposed to last for seven months.
Nelson Teague, representative for applicant added that he is available for questions as are others in his
party.
James Welch asked if the material will be delivered all at once and if the stockpile locations were correct.
Mr. Doug Keller, Business Manager for Pine Bluffs Gravel, indicated they will be three types of materials
used. The concrete powder will be delivered from Fort Collins daily, approximately 11 semis's a day; the
gravel will be delivered from the east with 60-90 day intervals and water will be brought daily. The stock
pile locations as indicated are correct.
Don Carroll asked when the hauling will begin. Mr. Danny Soul from Mortenson Company indicated it was
contingent upon agreements but the projected date is November 1, 2006.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Teague indicated the applicant agrees with the Conditions of Approval and Development Standards.
Paul Branham moved that Case USR-1573, be forwarded to the Board of County Commissioners along with I
ki
1
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley, yes; Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Chad Auer, yes; Tom Holton, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
CASE NUMBER: 2AmUSR-726
APPLICANT: Ralph Nix Produce Inc
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot A of RE-850; Pt SE4 of Section 14, T4N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone District (for Onion Storage
and Processing Facility, Lawn Mower Warehouse, Fencing
Manufacturing Facility, Offices, Warehousing and Transfer Facilities), Oil
and Gas Storage Facilities, and Agricultural Service establishments
primarily engaged in performing agricultural animal husbandry or
horticultural services on a fee or contract basis including: sorting,
grading and packing fruits and vegetables; crop dusting or spraying
operations facilities; grain and feed sales; seed production, processing,
storage, mixing, blending and sales; and, farm equipment sales, repair
and installation facilities, in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 35; north of and adjacent to CR 44.
Brad Mueller, Department of Planning Services presented Case 2AmUSR-726, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Tom Holton asked for clarification on the oil and gas storage. Mr. Mueller stated that was presently a
possible use, there is no definite user. The USR would have to be amended should the storage be
outside.
Bruce Fitzgerald asked for the date of the original USR. Ms. Tiffany Johnson indicated it was 1984.
James Welch asked for clarification on the parking spaces for the site; curb stops and the how that was
determined. Mr. Mueller stated there was a condition of approval that the number of spaces must meet
the code requirements.
Tiffany Johnson, Landmark Engineering, representative for the applicant, provided clarification on the
proposal. The primary use is the existing single family residence and the storage of Mack Equipment.
The northerly existing 11,000 square foot building will be used for Mack's indoor storage. The southerly
building does not have a lease agreement therefore the reasoning for such a large list of possibilities.
There will be no outdoor storage on this site. The existing home will be for the one full time employee on
site. Any additional users will be required to go through the site plan review process. The applicant is
requesting the parking be evaluated so the spaces can be added when the uses become apparent. They
would also like to add to the list of possible uses the indoor storage of outdoor recreational equipment.
Mr. Mueller stated the option of warehouse would covers that request. Ms. Johnson indicated the site
lighting is wall mounted with some outdoor security lighting on poles. They will amend the site plan to
include what is existing. There are presently no plans for outdoor signage but that will be amended when
it is proposed.
Char Davis, Department of Public Health and Environment, requested the deletion of Development Standard
#12 as it is a duplicate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
2
Hello