HomeMy WebLinkAbout20051683.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,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-1501
APPLICANT: Union Pacific Railroad
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of Section 29, T6N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone
District(Railroad car loading area for recyclable materials from Anderson's
Salvage Yard) in the A(Agricultural)Zone District.
LOCATION: /: mile north of O Street (CR 64), east of CR 39 IA and west of CR 41.
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 Planning Commission 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 ordinance in effect. Section 22-2-60.D (A.Goal 4) states
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region.
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.R of the Weld County Code provides for a Use by Right, an
Accessory Use, or a Use by Special Review in the Industrial Zone District as a Use by
Special Review in the A(Agricultural)Zone District. Conditions of approval ensure that the
Use by Special Review boundary is removed from the R-1 (Residential)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Vacant Agriculturally zoned properties lie to the north. Agricultural
zoned property lies to the south with Hungenberg Produce to the southwest. 1-3 (Industrial)
zoning lies along the Highway 85 corridor to the west of the site. Conditions of Approval and
Development Standard require stockpiles of recycled material to be fully screened from
surrounding properties and road rights-of-way. A maximum of nine railcars may be parked
at this site. Because of the elevation of the railroad track it is not feasible to screen the
railroad cars.
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. In a referral response dated February 22, 2005 the City of Greeley voiced
concerns with outdoor storage, impacts to air quality, screening and the haul route. All of
Greeley's concerns have been addressed in the Conditions of Approval and Development
Standards.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. m
A portion of the site along the eastern boundary lies within the flood overlay district. t
Conditions of approval ensure that construction of the earthen bumper at the end of the rail
addresses flood plain issues. Et
Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11)
2005-1683
Resolution USR-1501
UPRR
Page 2
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 agricultural value of the
property is limited by its size, shape and changing elevations.
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.
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to the Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s)is
desired,the applicant shall submit a sign plan to the Department of Planning Services. If no
sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County
Code which states one identification sign per principal use shall be allowed,provided that the
sign does not exceed sixteen (16) square feet in area per face. (Department of Planning
Services)
B. The applicant shall submit a noise study for the unloading and loading of salvaged material
(All grades)as described in the application materials. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval.The plan can include the use of landscaping,solid fencing,
or walls of sufficient height to fully screen all outdoor storage from surrounding properties and
public rights-of-way. Any landscaping should provide year-round screening of a sufficient
height to fully screen all stored material. This does not include screening of rail cars or the
loading tractor. (Department of Planning Services)
B. The applicant shall submit a haul route to the Department of Planning Services for review
and approval. (Department of Planning Services)
C. The applicant shall submit evidence that the plat for Subdivision Exemption 1051 has been
recorded in the office of the Weld County Clerk and Recorder. (Department of Planning
Services)
D. The applicant shall attempt to address the requirements (concerns) of the Eaton Fire
Protection District,as stated in the referral response dated March 9,2005. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. ( Eaton
Fire Protection District)
E. The Eaton Fire Protection District has indicated that the access road must have an
unobstructed width of not less that 20 feet. The applicant shall provide the Departments of
Public Works and Planning Services with verification that the width of the access and lane
is adequate for emergency response purposes. (Department of Public Works)
F. The applicant shall submit a dust abatement plan for review and approval, to the Weld
County Department of Planning Services for review and approval by Environmental Health
Services, Weld County Department of Public Health & Environment and Weld County
Department of Public Works. The dust abatement plan shall include an alternate plan to
crushed concrete if there are related dust complaints. (Departments of Public Health and
Environment and Public Works)
Resolution USR-1501
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Page 3
G. 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. Evidence
of Department of Public Health & Environment approval 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)
H. The applicant shall submit an Improvements Agreement that addresses all improvements
associated with this development (access drive, parking and circulation areas, plant
materials,fencing,screening, utilities,etcetera), per compliance with Section 24-9-10 of the
Weld County Code or complete all improvements to the satisfaction of the Weld County
Departments of Public Works and Planning Services. The agreement shall be approved by
County Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Department of Planning Services)
Application materials indicate that an earthen berm will be installed and changes will be made
to the elevation in the flood plain. The applicant shall submit evidence that delineates
compliance with the Flood Hazard Overlay District as outlined in Chapter 23, Article V,
Division 3, of the Weld County Code. (Department of Planning Services)
J. The plat shall be amended as follows:
A. All pages of the plat shall be labeled USR-1501. (Department of Planning Services)
B. The attached Development Standards shall be shown on the plat. (Department of
Planning Services)
C. The boundaries of the USR shall be adjusted to be outside of the R-1 (Residential)
Zone District on the east side of the site. (Department of Planning Services)
D. The applicant shall submit an access and utility easement agreement showing
permanent access across the Union Pacific Railroad property west of the site onto
County Road 39 '/z. (Department of Planning Services)
E. The approved Landscape/Screening Plan. (Department of Planning Services)
K. 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)
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 maps(@co.weld.co.us. (Department of Planning Services)
Resolution USR-1501
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Page 4
5. Prior to issuance of building permits:
A. 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 Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
F. Prior to operation:
A. An individual sewage disposal system is required (a vault system with a handwash station
is an option)and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
C. Crushed concrete shall be placed on the access and the internal road system throughout the
stockpile/loading area including the 50-foot turnaround cul-de-sac. (Department of Public
Works)
G. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Union Pacific Railroad
USR-1501
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use by
right or an accessory use in the Industrial Zone District (Railroad car loading area for recyclable
materials from Andersen's Salvage Yard) 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. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
4. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
5. The off-street loading spaces shall be surfaced with gravel, asphalt,or concrete and shall be graded
to prevent drainage problems. Each space should be equipped with wheel guards where necessary
to prevent vehicles from extending beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, or plantings. (Department of Public Works)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
10. 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)
11. 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)
12. Adequate handwashing and toilet facilities shall be provided for employees. A conventional septic
system or a permanent vaulted restroom facility (similar to a rest area or park service) shall be
provided for employees. (Department of Public Health and Environment)
13. North Weld County Water District is able and intends to provide water service to the site.
(Department of Public Health and Environment)
14. 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)
15. 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)
Resolution USR-1501
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Page 2
16. A building permit shall be obtained prior to the construction of any new building. (Department of
Building Inspection)
17. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. 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. Include a Code Analysis Data
sheet provided by the Weld County Building Department with each Building permit application.
(Department of Building Inspection)
18. 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; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. The Future vehicle storage building will be classified as S-2 occupancy. Hazardous materials shall
not exceed the amounts in table 307.7(1). Contact Eaton Fire Protection District, for their
requirements. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
20. Building height shall be measured in accordance with the 2003 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. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
21. All construction or improvements occurring in the flood plain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map 080266 0628 C dated September 28, 1982,shall
comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V,Division 3 of the
Weld County Code.
22. As indicated in application materials no more than 9 rail cars shall be on the site at one time.
(Department of Planning Services)
23. The hours of operation shall be 8:00 a.m. through 5:00 p.m., Monday through Friday. (Department
of Planning Services)
24. As indicated in application materials no more than 1 track hoe shall be on the site at one time for
loading material into the rail cars. (Department of Planning Services)
25. Tractor-trailer trucks used to haul material to the site shall not be parked on site. (Department of
Planning Services)
26. As indicated in application materials no more than 5 employees shall be on the site at one time.
(Department of Planning Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. Weld County personnel 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.
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Page 3
30. 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.
31. 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.
Motion seconded by Doug Ochsner
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
Tom Holton
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 April 5, 2005.
Dated the 5th of April, 2005.
Voneen Macklin
Secretary
that will protect the public. Mr. Miller would support the application based on a land use basis. The location has
highway access and is next to a town. Mr. Rohn added that the past cases were reviewed based on a compliment to
the zone district. There is no compliment for this type of business in the agricultural zone district.
Michael Miller asked Ms. Schneider, the applicant, if she had read the Conditions of Approval and Development
Standard and if she was in agreement with them. Ms.Schneider indicated she is in agreement but would like to work
through the issues in a work session with the applicable agencies.
Doug Ochsner moved that Case AmUSR-1416, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, no; Doug Ochsner,yes.
Motion carried.
John Folsom commented he sympathizes with the neighbors but the code does allow this use. The only
objection would be subjective ones dealing with compatibility and intensity of use. As far as the safety issues the
Planning Commission must rely on the appropriate agencies.
James Rohn commented he does not believe it is compatible with the surrounding use but since the first part of
this was approved he will agree to it.
Chad Auer commented he appreciates private property rights and appreciates the rights to expand business.
Enforcement of codes and regulations will be enforced in the area. A fireworks use has a significant impact
especially with the attending fire district.
Bryant Gimlin commented he has concerns with the intensity but does believe it is located appropriately being
along an interstate.
^ Michael Miller commented that the addition of the warehouses is not a significant change that will affect the
health, safety and welfare of the neighbors.
CASE NUMBER: USR-1501
APPLICANT: Union Pacific Railroad
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of Section 29, T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone District
(Railroad car loading area for recyclable materials from Andersen's Salvage
Yard) in the A(Agricultural)Zone District.
LOCATION: % mile north of O Street(CR 64), east of CR 39 '/and west of CR 41. •
Michael Miller informed the Planning Commission members and audience of a possible conflict of interest
pertaining to the opposition's attorney. Neither the Planning Commission nor the audience considered this a
conflict.
Sheri Lockman, Department of Planning Services presented Case USR-1501, 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. Mr. Andersen provided clarification on the
photos in the presentation.
17cf r
Lee Morrison indicated a memo is in the record addressing the railroad (RR)governing. The RR is governed by
Federal Laws. If this operation is connected and operated by the RR it is Federal pre-emption over local
regulations. This does not mean that the RR can lease to a third party and let them operate. Mr. Miller asked if
that would require the RR to do the loading of the cars. Mr. Morrison indicated it was a factor as to how much
this was a RR operation versus a third party. The County does have jurisdiction over the application as
proposed.
g
James Rohn asked if this was strictly loading materials. Ms. Lockman stated there will be short term material on Oteksiistre
site for storage. Ms. Lockman added the loader will be kept on site but the dump trucks could not be kept on site. '
John Folsom asked who the owner of the site was. Ms. Lockman indicated it was Union Pacific Railroad.
Michael Hein, Picket Engineering, representative for applicant, provided clarification on the proposal. The
applicant is asking for the industrial noise level to be applied. There will be no loading approximately 900 feet
west of the east property line. The RR right-of-way is recognized to be able to contain industrial uses. The stock
piles will be no more than 6 feet in height and the fencing has been changed. There have been discussions with
the surrounding property owners and these changes reflect those owner's requests. There has been a letter of
intent submitted addressing the concerns with the Hungenbergs. There will be no storage shed and the irrigation
lateral will be relocated off property. The hours of operation will be modified to Monday-Friday from 8:00 am—
5:00pm. Highway 85 will be the main hauling route for the materials. Mr. Hein described the haul routes
Dean Andersen, Andersen Salvage, provided clarification with regard to the proposal. The intent is to use the RR
specifically at this site. Union Pacific RR wants this site especially for the movement of RR cars. The present
site utilizes the crossing at Hwy 85 and 16th Street in Greeley which is extremely dangerous. Mr. Andersen is
doing several things to mitigate the impact on the neighbors. Hungenberg is the most affected but there is a
letter of intent that will be finished at the Board of County Commissioners. This application will be approximately
20-22 RR cars per month if all the materials are shipped by rail. The time frame is approximately 20-22 hours a
month for loading. It is determined at the beginning of the month if the RR will be used for shipment. If this is the
case the materials will be brought to the site and loaded onto the cars. There will be no long term storage on site.
Normally the material is shipped by truck but the RR gives another option.
Bryant Gimlin asked about the concern with regard to auto fluid. Mr. Andersen stated the cars go through a
shredder, then through a conveyor where water is sprayed to clean them. There will be no fluids from material at
all. The shred looks like pile of gravel.
Michael Miller asked what the biggest material that will be delivered to site is. Mr.Andersen stated it would be#1
steel which is no wider then 33 inches and 2-3 feet long. Mr. Miller indicated the concern of the noise level. Mr.
Andersen stated that the largest variable is the operator. Dropping material from a high level increases the noise.
Mr. Miller asked what the percentage of the material is the largest size. Mr. Andersen stated it was#1 grade
which is 30-35%of what would be shipped; the vast majority will be shred. Mr. Miller asked rather the RR track
has been removed and was the right-of-way retained. Mr. Andersen stated it has been owned by Union Pacific
RR (UPRR)since 1909.
Don Carroll asked about the truck traffic delivering material. Mr. Andersen stated there would be approximately 4
trucks a day of shred at the worst case scenario. Mr. Andersen added their impact would be far less than the
surrounding businesses.
Michael Miller asked what noise level they are anticipating. Mr.Andersen stated they are asking for an industrial
noise level. Mr. Andersen added that all RR right-of-way should be considered as industrial according to
information submitted. Mr. Andersen identified the location of the uses proposed on site in comparison to the
surrounding neighbors.
John Folsom asked if the tracks currently exist on the spur. Mr.Andersen indicated the UPRR wants to upgrade
the area. The existing track has been pulled and a contractor is changing the elevation so the track can be re-
installed.
James Rohn asked for clarification on the hours of operation. Mr.Andersen indicated that during a meeting with
the neighbors he voluntarily agreed to 8:00am—5:00pm.
Char Davis, Department of Public Health and Environment, when she reviewed the case the Commercial noise
level was determined due to the residences but with the additional information as to the location of the equipment
and where the noise will be generated she agrees that the noise level at the residence will not be very high.
Greg Larsen, Union Pacific Railroad, real estate, indicated there is a letter of understanding with Mr. Andersen.
Mr. Larsen provided information with regard to UPRR's intent for the tracks. Additional information with regard to
the location of the current track and what will happen with the new addition of tracks was provided. The north
side of the track is being leased for agricultural purposes while the south side of the track is utilized by the
Hungenbergs for employee parking. Mr. Miller asked rather this application will infringe on the historical uses.
Mr. Larsen indicated the lease agreement with the Hungenberg's is a 30 day termination by either party.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Melvin Dinner, representative for some surrounding neighbors, provided the objections of the surrounding property
owners. There is a letter of intent with the Hungenbergs but this is not an agreement. The application is in violation of
the zone district. Compatibility is the main issue with the area,this type of use does not compliment residences in the
area. This is an agricultural zone with numerous residences. This is a safety and health issue for the neighbors. Mr.
Dinner indicated this would create a junkyard in the midst of a residential area. Mr. Dinners stated some of the
neighbors have young children so safety is a concern. Once this site is sold to the Andersen's the RR regulations will
not apply. The loader which will load the material is a 50 ton magnet. The loading will be controlled by Andersen and
this spur is different from the Hungenberg spur. Mr. Dinner provided historical information with regard to the area.
The RR is attempting to place the spur back into a residential development within an agricultural zone. Mr. Dinner
showed pictures of the residences in the area of where the spur will be located along with improvements that have
been done to the area. This application will be placing a junkyard it in the middle of the homes. There was no
support for this application from the surrounding property owners. The land use is detrimental in terms of what will
occur if the application is approved. Mr. Dinner referred to the administrative review of the site plan for this
application. The area cannot support a development of this nature. The screening will be elevated but the RR cars
will not be screened. There are areas located in this proposal that include the City of Greeley Growth Pattern, and
that pattern is for agricultural and residential. The decibel rating for industrial is 80 decibels; the applicant will not
meet the 60 decibel rating for commercial,therefore the reason for the industrial noise level request. The noise study
should have been done prior to the Planning Commission. A dust abatement plan should have been submitted prior
also. Some of the property is within a flood zone and this has not been addressed either. It is premature to deal with
this application when all the information has not been submitted. Mr. Dinner added that Mr. Andersen has made
attempts to mitigate the concerns of the neighbors and Mr. Andersen will have final control not the RR.
Chad Auer asked if the applicant has a right to exercise the property rights because the use is undesirable and
incompatible according to the surrounding property owners. Mr. Dinner stated the applicant cannot do what is being
requested because the County Code states that the use must have a relationship to agricultural operations, a
junkyard does not have this. Ms. Lockman clarified that there is a Goal or Policy in the Comprehensive Plan that is
directly related to or dependent upon agriculture, but there are others that support it not having to be related to
agriculture. Mr.Auer asked Mr.Dinner if the lack of responses from surrounding land owners was reason to deny the
application. Mr. Dinner stated they did not respond but the ones opposing were the respondents. Mr. Dinner added
---- additional information cited from the County Code.
Chad Auer asked Mr.Morrison if the implication of a Development Standard stating commercial noise level was to be
understood as a reason to deny the application. Mr. Morrison stated that as a matter of law that was not the case.
The applicant's reference to the noise statute is confusing. The RR right-of-way is addressed and there are other
regulatory agencies that also provide for the safety of the County.
Michael Miller asked if the abandonment of the RR right-of-way has an effect on the right to return it to use. Mr.
Morrison stated the abandonment of the RR right-of-way was not due to lack of use. Mr. Miller asked about the RR
right-of-way being subject to industrial zone regulations and if Mr.Andersen purchases the land does it change the
industrial noise level. Mr. Morrison stated the issue is rather there is a distinction between the RR and Andersen
operating. If the application is to operate at that level then that is what the decision needs to be based on.
James Rohn asked Ms. Lockman about the zoning surrounding this property. Ms. Lockman indicated the zoning and
uses surrounding the property on a map provided. Ms.Lockman added staff is requesting the applicant to take the R-
1 Zoning area out of the application.
John Watson, neighbor, indicated his concern with the zoning. The agricultural zone is one that needs to be
preserved. The residences will be affected immensely. The people in the agricultural area need to be protected.
This is not compatible to the area.
Tom Trout, neighbor, indicated opposition. His home looks right onto the site. The other concern is the loader and its
location. Mr. Trout suggests moving the loader further to the west. The property value will be affected. Mr. Trout
would like to eventually split his land for a residence to the north and this will make selling of the property difficult.
There is a large concern for the safety of the children in the area.
The chair closed the public portion.
James Rohn asked what were the approved USR's on CR 39'/3. Ms. Lockman indicated the uses along CR 39%are
allowed in the Industrial Zone District therefore, there was no need for any Special Use Permits.
Michael Hein, Picket Engineering,addressed the concerns from the public comment. The berm is located outside the
FEMA firm maps so there will be no impact to flood plain. The Greeley Growth Pattern and studies were not left out
intentionally. Mr. Larsen, UPRR, added he has deeds that show the property is in order. Mr. Larsen indicated Mr.
Andersen will not have control over the cars the RR will. The switching of the cars will be done by the RR. There are
two sets of tracks and there are currently operations on the western track of the RR. The RR intended to add the
track for storage for the industrial companies located to the west. The cars will go on the new track and Mr.
Hungenberg's tracks will be removed so they will have additional room for employee parking. Mr. Rohn asked how
Mr.Andersen is being presently served. Mr.Andersen stated the RR cars are being loaded at Western Sugar at 16th
Street and 1st Ave. UPRR wants to get rid of this site due to danger. Mr.Andersen added there is a letter of intent but
they are working in good faith. They will be giving Mr. Hungenberg a better arrangement than UP is presently. The
present agreement has a 30 day termination, whereas Mr. Andersen will be giving him full access and rights in
perpetuity. Mr.Andersen added there will be no dumping within 1000-1200 feet of where the neighbors are located.
There will be a storm water filtration for the site which exceeds what the State requires. There will be a secure 6 foot
fence around the operational area of the property. The site to the north will remain agriculture. The loader is a heavy
machine but the same as what would be on a construction sites,the newer ones are quieter and safer. Mr.Andersen
added that he would be willing to park the loader at the west end to mitigate the Trouts concerns. The applicant does
need the industrial noise level. The Hungenbergs agreed to support with the letter of intent. Mr.Andersen added that
a lot of the material they receive is agricultural scrap; it will either lie all over the County or be brought to them for
recycling. This proposed site is not agricultural land. The north part of the site is presently agriculturally farmed by
Hoshiko and Mr.Andersen will release the area to him to continue doing so. Mr.Andersen indicated the Trouts will be
getting approximately$3000 worth of trees for their property to screen the site. Mr.Andersen is willing to move the
rail cars and loader to the west end of the property to mitigate the additional concerns.
John Folsom asked how many homes are within%of a mile of the site. Mr.Andersen listed the names of the owners
closest with the help of the audience. Mr. Folsom asked if they plan to buy the property. Mr.Andersen indicated they
will buy the property; this will also limit the use since they will be the only ones allowed to use it.
Chad Auer asked about the Greeley Pattern boundary. Ms.Lockman indicated the site boundary lies within the long
range growth boundary which would be the next twenty years.
John Folsom asked if there was an adopted IGA with the City of Greeley. Ms. Lockman stated there is no present
agreement but staff takes into consideration the information presented. Mr.Auer indicated Greeley did respond.
Sheri Lockman indicated the hours of operation need to be amended to what the applicant is requesting which is 8:00
am to 5:00 pm Monday—Friday which is Development Standard#23. Ms. Lockman added the information required
for the flood plain was due to the changing of the berms. The residential section will be removed once the final
drawings are recorded. Ms. Lockman indicated the industrial noise level needs to be addressed in Development
Standard#11.
Chad Auer moved to change Development Standard#23 to indicate hours of operation to be Monday-Friday,8:00am
to 5:00pm. Bryant Gimlin seconded. Motion carried.
Michael Miller indicated the applicant is requesting a noise level to industrial. Mr.Welch added that 20 hours a month
is no different that a tractor in the fields. Mr.Gimlin added the distance to the property line will negate a great deal of
the noise concerns. Mr.Auer added that the applicant will be adding the trees for the neighbors to help with the visual
aspect.
James Rohn moved to change Development Standard #11 to indicate an industrial noise level. James Welch
seconded. Motion carried.
James Welch asked if the Development Standard referencing the building could be deleted. Ms. Lockman indicated
she would rather not, staff is asking for restroom facilities and this will require permits.
Michael Miller added there have been several comments concerning neighbor safety and noise. The equipment on
site is not the type that will generate a tremendous amount of noise. The material is small along with the distance will
mitigate the noise for the surrounding neighbors. Mr. Ochsner added it is a RR site and there are several industrial
type operations within a mile of this location and this is not a junkyard. There is a need to recycle the materials. Mr.
Rohn stated he reviewed the health safety and welfare of the residents and believes this is a better location. Mr.
Folsom added the use will be controlled by the terms of this USR. Mr. Folsom quoted Section 23-3-40 quoted. Mr.
Folsom added there will be clashes between the uses since the County is growing.
Michael Miller asked if Mr. Andersen had reviewed the Conditions and Development Standard and is in agreement
with them. Mr. Andersen stated he was.
James Rohn moved that Case USR-1501, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Michael Miller,yes; Bryant Gimlin, yes; James Rohn,yes; Chad Auer,yes; Doug Ochsner,yes;
Tom Holton, yes. Motion carried unanimously.
Doug Ochsner commented this USR is compatible. Mr. Ochsner added he compliments the applicant for all the
work with the surrounding neighbors and trying to mitigate any problems.
CASE NUMBER: USR-1500
APPLICANT: Marcum Midstream/Conquest Disposal
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C RE-4022; being part of Section 29, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST USE: Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(Class II Oilfield Waste Disposal Facility) in the A(Agricultural)
Zone District
LOCATION: North of and adjacent to CR 40 and east of SH 60.
Kim Ogle, Department of Planning Services presented Case USR-1500,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. Staff is recommending the deletion of Development Standard
#19 due to it being a duplication of Development Standard#37.
Dale Butcher, Conquest Oil, provided clarification to the proposal. The water disposal is a critical part of this type of
operation and that is the purpose of this application.
Bryant Gimlin asked about the concrete secondary containers and do they need to be sealed. Mr.Butcher indicated
they will be sealed and professionally engineered.
James Rohn indicated his concern with the hours being until 10:00 pm seven days a week. Mr. Butcher stated they
have these hours at three facilities with the other facility being open until 900 pm. Water is collected in the late
afternoon and evening so there is a need to have those hours.
The Chair asked if there was anyone ih the audience who wished to speak for or against this application.
Sam Frank,neighbor,indicated concerns with this proposal. There was information requested regarding the proposal
and none was provided. There are concerns with water taps on his mother's farm,Viola Frank. A major concern is
the loss of pressure since the size of the pipe has not been identified. The water line does not go down CR 40 so it
dead ends and there will be no way to gain additional pressure. There may be no way to get the water from the line
making it difficult to possibly sell the property. Dust is a concern and the road will not be maintained. This operation
needs to be regulated.
James Rohn asked Mr. Ogle for clarification with regard to the location of the Town of Gilcrest. Mr.Ogle stated the
physical town limits were approximately% mile to east.
The chair closed the public portion.
Dale Butcher responded that there is a Development Standard that requires them to have a road maintenance
agreement;they will be applying magnesium chloride to the affected road. They are not sure how large the water tap
will be, it will depend on the Fire Department and Central Weld County Water District.
Kim Ogle added Development Standard #30 needs to be modified to read, the hours of operation shall be from
7:00am-10:00pm which is applicable to the other sites. Mr.Carroll added there will be an improvements agreement
addressing dust abatement and maintenance of the road.
Michael Miller asked if the were in agreement with the Conditions of approval and Development Standard. Mr.
Butcher indicated he was.
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