HomeMy WebLinkAbout20161571.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. that the following resolution be introduced for denial by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER USR16-0008
APPLICANT. IVAR & EVELYN JORDAN CHILDREN'S TRUST C/O BERVEN INDUSTRIES LLC
dba NEW DEAL DEICING LLC
PLANNER: CHRIS GATHMAN
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
EXHIBIT USE . OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICE MANUFACTURING AND WAREHOUSE FACILITY
ite\
FOR AIR FIELD DE-ICING PRODUCTION COMPANY), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
L -O8p % ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SE4SE4 SECTION 27 . T1N , R65W OF THE 6TH P. M. , WELD COUNTY.
COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 4 AND WEST OF AND ADJACENT TO CR
45
be recommended unfavorably to the Board of County Commissioners for the following reasons:
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 not shown compliance with Section
23-2-220 of the Weld County Code as follows:
A Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40 S of the Weld County Code for any use permitted as a Use by
Right, an Accessory Use. or a Use by Special Review in the Commercial or Industrial Zone
Districts, (office. manufacturing and warehouse facility for air field de-icing production
company), provided that the property is not a Lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions
in the A (Agricultural) Zone District.
C Section 23-2-220.A3 -- The uses which will be permitted will be compatible with the existing
surrounding land use& The site is located in a rural agricultural area. Several residences on
rural residential parcels are located to the west, east and southeast of the site. Four (4)
residences are located approximately within '/Z mile of the site to the west and four (4)
residences are located approximately within '/2 mile to the east and southeast of the site.
Agricultural land is located to the north and south of the site.
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.
Should the Board of County Commissioners approve the proposal , the Planning Commission recommends the
following conditions:
1 . Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location . Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Public Works)
B A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Department of Planning Services-
Engineer)
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN'S TRUST, CIO BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 2
C The applicant shall address the requirements of the Colorado Division of Water Resources, as
stated in the referral response datcd March 21 , 2016. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D The applicant shall submit written evidence of a commercial well/water tap to the Department of
Planning Services and the Department of Public Health and Environment (Department of
Planning Services)
E . The plan shall be amended to delineate the following
1 All sheets of the map shall be labeled USR16-0008 (Department of Planning Services)
2 . The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4 . The applicant shall delineate on the map the trash collection areas. Section 23-3-350 . H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
The map shall delineate the landscaping and/or screening The site plan shall be
5 . The map shall delineate the landscaping and/or screening . The site plan shall be
modified to indicate the type of landscaping. The truck loading area and parking areas
shall be screened by either an opaque fence or minimum 6-foot tall conifers and
deciduous trees. (Department of Planning Services)
6 The map shall delineate the lighting. (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23. Article IV. Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8. The map shall delineate the parking area for the vendors. customers and/or employees.
(Department of Planning Services)
9 County Road 4 is a paved road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10. County Road 45 is a paved road and is designated on the Weld County Road
Classification Plan as a collector road which requires 80 feet of right-of-way at full
buildout The applicant shall delineate on the site plan the future and existing 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)
11 Show and label the approved access points (AP16-00056) . and the appropriate turning
radii on the site plan. (Department of Public Works)
12 Show and label the approved tracking control on the site plan (Department of Public
Works)
13 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN'S TRUST. CIO BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 3
14 Show and label the accepted drainage features and drainage flow arrows. The Water
Quality Feature shall be labeled as "Water Quality Feature/storm water detention. No
build or storage area" and shall include the calculated volume. (Department of Planning
Services - Engineer)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property.
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copy or
one ( 1 ) electronic copy ( . pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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 one hundred twenty ( 120) days from
the date of the Board of County Commissioners Resolution . The applicant shall be responsible for
paying the recording fee (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012 . should the plat
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution , a S50 . 00 recording continuance charge shall added for each
additional three (3) month period . (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are dwg, .dxf. and .dgn (Microstation) : acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4) (Group 6 is not acceptable) This digital file may be sent to
maps(&aco.weld . co. us. ( Department of Planning Services)
5 Prior to Construction
A The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required.
( Department of Planning Services-Engineer)
6. Prior to Operation:
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be
issued on the property. until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
p
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN 'S TRUST, 0/O BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 4
Motion seconded by Gene Stifle.
VOTE:
For Denial Against Denial Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 , Kristine Ranslem, 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 19. 2016.
Dated the 19th of April, 2016
Digitally signed by Kristine Ranslem
-6466/11-- f Y-1.11 L2dr Date: 2016.04.22 15:02:35 06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
New Deal Deicing
USR16-0008
1 . A Site Specific Development Plan and Use by Special Review Permit, USR16-0008, for any Use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (office, manufacturing and warehouse facility for air field de-icing production company) . provided
that the property is not a lot in an approved or recorded subdivision plat or lotsparts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. 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. The hours of operation are unlimited, as stated on the application . D P p (Department of Planning Services)
( P
4. The number of on-site employees shall be 15. as stated on the application. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23 , Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code_ (Department of Planning Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15"' of any given year signed by representatives for the Fire District and
the Weld County office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
8. The landscaping/screening on the site shall be maintained . (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20- 100. 5,
C . R. S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
10. 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 . (Department of Public Health and Environment)
11 . 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. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
12 . Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as
delineated in 25-12- 103 C . R. S ( Department of Public Health and Environment)
14_ Adequate drinking, hand washing and toilet facilities shall be provided for employees. at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment_ Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN'S TRUST. CIO BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 6
15. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems. A permanent. adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
16. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained . (Department
of Public Health and Environment)
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling . All chemicals must be stored secure. on an impervious surface. and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
20. Sources of light 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 the adjacent properties in accordance with the
plan . Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
21 . The property owner shall control noxious weeds on the site. (Department of Public Works)
22 . The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
26 . Building permits may be required , per Section 29-3- 10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code. and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection . (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works. and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN'S TRUST, C/O BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 7
29 . The Use by 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.
30. 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
31 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including , but not limited to, sand and gravel. oil , natural gas. and coal .
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan , calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times. mineral resource sites
are fixed to their geographical and geophysical locations Moreover. these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource_
32 _ WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture_ Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views. spaciousness. wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area . Well-run agricultural activities
will generate off-site impacts , including noise from tractors and equipment: slow-moving farm vehicles on
rural roads: dust from animal pens. field work. harvest and gravel roads: odor from animal confinement.
silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trapping activities:
shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying . It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3. 5-102, C . R. S_ . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production .
Water has been , and continues to be. the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches, lakes. or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4. 000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3. 700) miles of state and
county roads outside of municipalities . The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
RESOLUTION USR16-0008
IVAR & EVELYN JORDAN CHILDREN S TRUST 0/O BERVEN INDUSTRIES LLC dba NEW DEAL DEICING LLC
PAGE 8
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic. sandburs, puncture vines, territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
•
VIKAITES
t4-1,6\ -14O
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 19, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room , and 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Jordan Jemiola . at 12:30 pm_
Roll Call.
Present: Bruce Johnson , Bruce Sparrow, Gene Stille. Jordan Jemiola. Michael Wailes. Nick Berryman,
Terry Cross.
Absent: Benjamin Hansford . Joyce Smock.
Also Present: Chris Gathman . Diana Aungst, Michelle Martin, and Tom Parko, Department of Planning
Services: Wayne Howard.. Department of Planning Services — Engineering Division; Lauren Light and Ben
Frissell, Department of Health: Janet Lundquist. Public Works; Bob Choate, County Attorney . and Kris
Ranslem. Secretary.
Motion : Approve the April 5, 2016 Weld County Planning Commission minutes. Moved by Bruce Sparrow,
Seconded by Bruce Johnson _ Motion passed unanimously.
CASE NUMBER. USR16-0008
APPLICANT: IVAR & EVELYN JORDAN CHILDREN'S TRUST. C/O BERVEN INDUSTRIES
LLC dba NEW DEAL DEICING LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICE. MANUFACTURING AND WAREHOUSE FACILITY
FOR AIR FIELD DE-ICING PRODUCTION COMPANY), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SE4SE4 SECTION 27 . T1N . R65W OF THE 6TH P. M. . WELD COUNTY,
COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 4 AND WEST OF AND ADJACENT TO CR
45
Chris Gathman . Planning Services. presented Case USR16-0008. reading the recommendation and
comments into the record. Mr. Gathman noted that 14 letters and emails were received in opposition to
this case. Concerns in the correspondence include potential impacts to air and water quality. guarantees
in place for manufacturing of hazardous materials. not compatible with surrounding area, set a precedent
for other commercial uses to locate in this area, potential for exposure to noise and air pollution. county
roads are not adequate to support the increase of traffic. lack of law enforcement. fire-fighting infrastructure,
water and sewer infrastructure. lack of federal oversight in regulation of the facility, potential of
contamination of water wells, and decrease of property values. A neighborhood meeting was held on April
13 , 2016 with four (4) households attending the meeting . The summary of the meeting indicates that there
were two (2) primary suggestions received during the meeting : 1 ) screening of the entire facility with trees
and vegetation and 2) install a temporary barrier or wall during construction to mitigate construction noise.
Mr. Gathman said that he spoke with the Hudson Fire Protection District and they stated that the facility
would be required to adhere to the Fire Codes of the Hudson Fire Protection District at time of building
permit submittal_ Additionally. Mr. Gathman noted that he spoke with the Weld County Emergency
Management Coordinator, Roy Rudisill, and recommended adding a Condition of Approval and
Development Standard for the applicant to provide an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District.
After discussing their request/application with staff, the applicants have decided to modify their hours of
operation to unlimited as they occasionally receive deliveries during the night and over the weekend . They
EXHIBIT
have also requested to increase the total number of employees to fifteen ( 15) to account for the possibility
of future expansion .
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
In response to Commissioner Jemiola's inquiry. Mr Gathman stated that this property is in agricultural
production .
Janet Lundquist, reported on the existing traffic, and access to the site.
Wayne Howard . Engineering . reported on the drainage conditions and the requirements on site
Ben Frissell . Environmental Health. reviewed the public water and sanitary sewer requirements. on-site
dust control , and the Waste Handling Plan .
Laura Miao and Jeremy Berven . 12015 East 46''' Avenue, Denver, Colorado. stated that New Deal Deicing
is a small, locally owned company serving the airport industry for eight (8) years. They sell environmentally
safe airfield deicing product to be used on the airport runway, taxi ways and ramp areas. She added that
they are one of four companies in the United States that supply this product.
The product is currently produced and imported from China. Because this product is critical to aviation
users they need a production facility that is days away from their customers instead of months away
Production will consist of raw materials (salt) shipped in . blended, packaged and then shipped out. The
products used are sodium formate and sodium acetate organic salt. which are the only two compounds
allowed by the FAA for airfield deicing because it is safe to aircraft, concrete and asphalt. Ms. Miao provided
samples of the products for the Planning Commission . She stated that it is limited to aviation because it is
very expensive unlike road salt or rock salt that is mined from the ground . She added that it has very low
corrosion to metal. Sodium acetate is used in foods and pharmaceuticals and sodium formate is used in
shampoos and laundry detergent. She added that these products are completely biodegradable.
Ms. Miao said that they want to be good neighbors and want to blend into the community. Additionally, she
provided a summary of the dialogue that they provided to their neighbors.
Jeremy Berven , New Deal Deicing , said that the concerns of the surrounding landowners relate to that this
business is not agriculturally based He said that they are proposing to impact seven percent of this parcel
and the remaining 35 acres will remain in agricultural farmland . During the neighborhood meeting it was
suggested that they screen all sides of the building with evergreen type trees and they intend to honor that
request.
Mr. Berven said another large concern was that this facility would pollute the surrounding area. He said
that this project is a processing facility for blending and packaging environmentally safe deicing product.
He added that they will be not using any hazardous chemicals in the production process or performing any
chemical reactions on the site Additionally. no EPA listed hazardous air pollutants will be emitted during
the process, including any smoke or fumes. The building will resemble an agricultural building and farmland
will remain in place. All activity will take place inside the metal building .
Mr. Berven gave a brief description of the process of manufacturing the product He said that there would
be 160 truck trips per year to the site The facility will use a small capacity non-exempt commercial well.
Water usage would consist of domestic use for the employees and light irrigation of the front. sides and
rear of the building . He clarified that the production process does not require any water usage
Mr. Berven said that they met with the Hudson Fire Protection District to discuss fire preparedness_ From
this discussion . this facility will be equipped with a commercial fire alarm system and a building wide
sprinkled fire suppression system Additionally. because of the location of the site the NFPA requirements
dictate that there be approximately 50,000 gallons of underground water storage to serve the fire sprinkler
system . He added that they will also provide the use of this cistern by the Hudson Fire Department for use
for other emergencies in the community
2
Commissioner Jemiola asked why this site was selected . Mr. Berven said that this site provided enough
acreage to provide an agriculture buffer from surrounding residences and this property cost less than
industrial land
Commissioner
e Jemiola asked what their safety concerns would be with this site Mr Berven
said it would
be the possibility of fire and added that is why they are installing
the fire suppression system . Commissioner
Johnson asked what would cause a fire at the facility. Mr Berven said that the charging station for electric
fork lifts is a possible source or possibly something exploding such as an aerosol can . He added that the
equipment itself does not generate a lot of heat so that is not a high fire risk. The applicants provided a
description of the chemical process generated when combining the products.
Mr Berven said that they have no intention of harming anyone's way of life or their property. He added
that they welcome any dialogue with the community and are willing to listen to any suggestions . He said
that they want to make this project compatible with the surrounding land use and request approval of this
project
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Nick Appelhans 1174 CR 45, stated that he lives directly across the road. Mr. Appelhans stated that he is
concerned with this business as it will greatly affect many families in the community. He submitted a petition
of over 90 signatures to the Planning Commission of the community members in opposition to this case.
He is also concerned that if this is approved it will allow more industrial facilities to move in .
Karen Grillos_ 21512 CR 4, stated that this application is a misuse of the Use by Special Review process.
She believes that if this request is granted the applicants will be permitted indirectly to do what they could
not accomplish directly, by cloaking their request for a zone change as a special use request. She is
concerned that the agricultural lands are turning into extended industrial zones and is an abuse of the USR
process and a way to get around proper rezoning unrestrained .
Ms. Grillos noted concerns with noise. potential fire risk , dust, hours of operation , traffic, lighting, restrictions
to dictate maximum seismic vibration . and environmental contamination . She stated a solid wall of trees
and sound walls should be required Commissioner Sparrow asked if she received any comfort in the
description of the process provided by the applicants Ms Grillos replied no.
Gary Osadchuk, 20764 CR 4, said he is also concerned that once industrial comes in more industrial
businesses will also come in . He inquired why they couldn't operate in an area nearer to the airport.
Wade Specht. 21395 CR 2, said that he has been a large aircraft mechanic for 35 years and has never
heard about sodium on an aircraft He added that sodium is detrimental to aircraft equipment He said that
this business should be located with other industrial properties.
Commissioner Wailes asked to clarify if they use this at airports Mr. Specht said he works at DIA and
hasn't seen it He added that there are 200 pieces of equipment to move snow for DIA and they do not put
anything on the runways_
Rogelio Nunez, 21649 CR 4. stated that they live next to this proposed facility. He said that according to
the MSDS Sheets for sodium acetate and sodium formate, they are flammable products and doesn't want
that near his family and residence He doesn't understand why this isn't located closer to the airport.
Rex Kennedy. 21317 CR 4. said that he has lived here for 30 years He asked why this industrial chemical
factory is allowed on agricultural land when there are industrial properties along Highway 85 or in Hudson .
Mr. Kennedy said that this use does not meet the approval criteria in Section 23-2-220.A of the Weld County
Code_ He respectfully requested denial of this application .
Rod Thomas 21495 CR 4, stated that his biggest concern is the water_ There is upscale housing and
everyone has a well He added that this project is not consistent with this area. He is opposed to this and
asked for denial of this application
3
Julie Ramirez, 825 CR 47 . objects to this case as there is no precedent for this type of business in this
community She added that they want to keep this as an agricultural community. She said that sodium
acetate is flammable and spontaneously combustible and expressed concern that the Fire Department
does not have adequate equipment and training for this type of business. She feels the company is not
being honest as the hours of operation and number of employees have changed through this process.
Brad Schmeh , 655 CR 47. agreed to all the previous comments. Mr. Schmeh stated that the applicant
said that they didn't want to locate in an industrial area surrounded by homes so why would they want to
locate in this area surrounded by homes. He said that this is an agricultural area and not an industrial area.
Al Banta . 20080 CR 4, stated that he is opposed to this.
Mike Grillos. 21512 CR 2. asked what the seismic transmission of this process through the soils out to the
respective residences will be. He said that when trains go along 1-76 you can feel the vibration He said
that he would like to have a development standard that addresses seismic transmission from propagating
throughout the soils.
Nick Di Paolo. 3511 CR 47. asked if the well will be a normal domestic well or if it will have a larger volume
requirement Mr. Gathman said that they applicant is applying for a non-exempt well for domestic use and
some irrigation of proposed landscaping on the site Mr Di Paolo inquired if there is an augmentation plan
to replenish that water. Mr Gathman said that according to the Division of Water Resources referral the
applicant will be required to obtain a non-exempt well permit allowing up to 5.6 acre feet of water per year
available. The applicant may apply may be able to obtain a well permit without a plan for augmentation
from the Water Court.
Judy Humphrey. 21608 CR 8. stated that she didn't know this was going to be bringing in industrial use into
Weld County . She is concerned with traffic and the possible accidents. She said her husband works for
DIA and during the summer the deicing goes into the ponds and when the heat reaches it the odor is terrible.
She added that she doesn't understand why this facility is not closer to DIA.
Commissioner Stille asked what deicing product material is washed into the ponds. Ms. Humphrey said
she doesn't know.
The Chair called a recess at 3:43 pm and reconvened the hearing at 3. 57 pm.
Juan Ramirez. 825 CR 47. stated that he has been working on pumps and water wells for 23 years. He
said that this application is for an 8 inch water well so why does it need to be so big if they are only using it
for potable water and some irrigation . Commissioner Jemiola said that according to Environmental Health
Policy, a commercial water well permit is required .
Glen Davis. 22401 CR 4. stated that the mechanical process has to generate heat and asked if this product
is so benign where is the MSDS sheet What placards do the trucks carry? He added that this has always
been agricultural and he doesn 't want industrial business in the area.
Dave Lanning, 20359 CR 4, said he and his wife like to ride bicycles and is concerned with the increase in
traffic. He asked how many trucks come in and go out per day.
Ms Miao thanked everyone for their comments. She said that they proposed one ( 1 ) truck per day on an
annual basis. She explained that because of the seasonal operation during the winter and fall more product
is shipped out and in : however during the summer they may not have any trucks coming. She said that the
MSDS sheets of the products are available on the website and is provided to all of their users.
As a small business owner she invested everything in this project and needs to be conservative on the cost.
She added that they evaluated many locations in Colorado. including industrial sites and decided Weld
County is a good place to locate She commented that the industrial property they had evaluated was
surrounded by residences so they felt that was not a suitable location . In regard to the comment that more
industrial businesses will locate here, Ms . Miao said that they are not rezoning the property into an industrial
park She added that only 3 of the 35 acres will be impacted by the deicing facility
4
Mr. Berven referred to the comment that sodium is corrosive to metal and added that this product is highly
restricted and tested to ensure that it does not corrode metal. He added that United Airlines. Frontier
Airlines and DHL at DIA use this product currently_
The product is flammable and will burn like sugar but it does not emit toxic gases He said that the smoke
from a burning house would be more toxic than this product Mr Berven said that these products do not
generate enough heat to spontaneously combust.
Commissioner Jemiola asked if any water from the commercial well will be added to this product in the
process. Mr Berven said that the blue dye, which is added, is in a liquid form so that adds a little moisture.
Additionally. there is water content in the sodium formate so that is typically enough to pelletize the
combined products.
Commissioner Sparrow said that in reviewing the chemical make-up of sodium acetate it has a flash point
of 480 degrees and asked if they are concerned with fire happening . Ms. Berven said that the heat
generated from the process is about 140 degrees. Ms. Miao added that once the pellets are created it is
then cooled Additionally, the building will be sprinkled Commissioner Wailes commented that although
the product is flammable it is not inherently flammable.
Commissioner Berryman asked about the seismic transfer from the manufacture process Mr. Berven said
that some of the equipment does vibrate but they would need to talk about the transfer_ Ms. Miao said their
architect can provide more information, however the concrete foundation will be very thick under the
equipment that will absorb the vibration from the equipment. Mr Berven said the process is similar to
making feed for livestock.
Keith Conrad. 1485 Foxtail Drive, Broomfield, Colorado, said that the compression equipment is on an
isolation slab separate from the structure of the building . A vacuum system will collect any dust and the
building is insulated which gives a certain amount of sound attenuation Water is not part of the
manufacturing process: however it may be used in the clean-up of the floor Everything in the facility is
self-contained so any runoff is collected in a vault and disposed of properly.
Commissioner Stille asked what the decibel level would be in the community Mr. Conrad said that the
sound will not leave the building and will not be noticeable by the neighbors. He added that it is not a
pounding operation : it is a grinding and pressing into pellets process. Mr. Stille asked if the building will
blend into the agricultural community Mr. Conrad said that the intent is to mimic an agricultural building in
the community
Commissioner Jemiola asked if they have purchased this site. Ms. Miao replied no and added that the
property is currently under contract
The Chair asked staff to review the changes to the staff report Mr Gathman noted the applicant provided
a written response to the Colorado Division of Water Resources referral: therefore staff requests that
Condition of Approval 1 .C be removed
Additionally, Mr. Gathman recommended that a new Condition of Approval 6 Prior to Operation be added
to read "The applicant shall submit an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the facility operator,
the Fire District and the Weld County Office of Emergency Management_ Submit evidence of acceptance
to the Department of Planning Services. "
Motion : Add Condition of Approval 6, as recommended by staff, Moved by Terry Cross. Seconded by
Nick Berryman . Motion carried unanimously.
Mr. Gathman also recommended adding a new Development Standard 7 to read "The property owner or
operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before
March 15th' of any given year signed by representatives for the Fire District and the Weld County office of
Emergency Management to the Department of Planning Services. "
5
Motion : Add Development Standard 7, as recommended by staff. Moved by Bruce Johnson . Seconded
by Terry Cross. Motion carried unanimously.
Motion : Delete Condition of Approval 1 C . Moved by Nick Berryman . Seconded by Michael Wailes.
Motion carried unanimously.
The Chair asked the applicant if pp they
ey have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR16-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial _ Moved by Michael Wailes citing Section 23-2-200. Seconded by Gene Stifle,
Vote: Motion passed (summary : Yes = 4, No = 3. Abstain = 0)
Yes : Gene Stille, Jordan Jemiola. Michael Wailes. Nick Berryman.
No: Bruce Johnson , Bruce Sparrow. Terry Cross.
Commissioner Johnson believed that the applicants and staff have done everything possible to make it fit
into Section 23-2-220.A.2 and health . safety and welfare have been satisfied by the applicant and staff. He
believes that the applicant's intent to fit in and make it as compatible as possible has been honorable.
Commissioner Cross felt that the applicant has demonstrated that they wish to do the right thing for the
community and provide a safe environment for their product and their employees
Commissioner Sparrow said that it is flammable but he doesn't see anything toxic about it and it won't be
heated so he is satisfied and doesn't see it as a problem. There is not a lot of traffic involved with this
project and it appears there is a large buffer between them and anyone else.
Commissioner Berryman cited Section 23-2-220.A. 3 and added that he was sufficiently comfortable with
the application in the sense of the business and it's minimal impact on their planned facility: however as it
relates to this Section of the Code he doesn't believe it is compatible to the area .
Commissioner Stille said that he appreciates all the research that the staff has done and the business and
the opportunity that Weld County has for this business He is also concerned with Section 23-2-220.A. 3 in
regard to compatibility. He wished the applicants the best in getting this business established in an
industrial area.
Commissioner Wailes said that he is sold on the application of the business and believes it is low impact
and non-toxic and added that there is a lot of fear based on a misunderstanding of what it is that this
business actually does. He said that one of the neighbors said it best that this USR for this type of facility
in this type of environment is working against and undermining the planned zoning that exists in the County.
If we allow USR's to continue to be developed in this manner he believes we are working against the intent
of what that USR was set forth for He added that he wished this was a change of zone case as he would
have voted in favor of it because he loves the idea of it: however he just doesn't think this is the right location
for it.
Commissioner Jemiola said that the applicant provided an excellent presentation; however he is concerned
with the compatibility nature in the area and cited Section 23-2-220.A. 3
Meeting adjourned at 6:44 pm
Respectfully submitted.
Digitally signed by Kristine Ranslem
a, vim. 'tIGn ; Date: 2016.04.22 15:01 :34 -06'00'
Kristine Ranslem
Secretary
6
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City,State, Zip
.,....77,11-' f" /./0/77-nt-S /77z/ -l� /I�-/ 'mss 746/.....40'21 �< 19z
cad' EL C,e„ ,�-, -5 z!s/z B2 9/ /.L4'0 sr---t-ei CO
C4 () s c! cci4tk- ao7 hi CR 4 4/uc/so..t) Cosoe `FL
( G T __ r e,:i kJLLos 2_,4--( _c•2_,-(€ 4,4_,A.,,_c0
hz;• - 5PetIA3-- (2 1315 e k a 4 ;q 1,\b kt cD ,
x 14E ...1 E-,n7 al3c CA l'-{l'-{ a cv
�� �tx _jai 55t ` 1 v� _, � ,-. o , r
6-,777.4e, nt 6.e...4,(4,,, /5 e i 3 U7 CR l b </*�i=
�lL- /4t l� i-v x. e
(a ��
.---5-; Se ' / 557/ C J<
1 �'7& Cam' 7± 6
\ � ; t 1K, �, i� n-e'c:� 3-0 c�C4_ X17 /I Ps `c3
'�/1_UCIIVA /iC,0RiI )Ric)
�, t,ol)C4 1�.1cl-? �i }�.OP SOd) of) ,(-).4;/�{� -� /-�
?�JiYi/( Con ✓'cam4 1145 so:JC� i( ¢/r BYuowt cicA GV00002Z
t \\ti va, grnv►cf-Ie,Z� %-- Si Q wire /e-eqd/ �f-F- ffv:dwm , CO
s- 4Sc )�'SV\P V\ L. \ c (cum+ L' `.24� Li? 7 14(4 CI ( CM
lf� k�,,;3 a 19'15 c,; 16 -�9 .1--! d s , . "?:/,' `4"7--
(ad I,o NvN-cz 2Utti-t°I Co Kp 9 Flvisc:n CO C-3:2 v.1-11_
i-)91)„ /CC a Vet/ Coi lA V?, ?Gy,
:'
pAdAt a-t.t P / 1 '2i c 1 cif ( 0 ±)
Hello