HomeMy WebLinkAbout20151974.tiff BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER. USR15-0014
APPLICANT MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY. INCLUDING
EXHIBIT AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING AND STAGING
P‘e OF OIL AND GAS TRUCKS AND EQUIPMENT OFFICE AND TRUCK AND
EQUIPMENT MAINTENANCE) IN THE A (AGRICULTURAL) ZONE DISTRICT
$ THIS APPLICATION IS BEING PROCESSED IN CONJUNCTION WITH COZ14-
l �- O� ( 0007 (A REQUEST FOR A CHANGE OF ZONE FROM C-3 (BUSINESS
COMMERCIAL) TO I-1 INDUSTRIAL.
LEGAL DESCRIPTION : PART OF LOT 1 SW4SW4 SECTION 10, T5N . R65W AND PART OF LOTS 2 & 5
IN SW4SW4 SECTION 10 T5N . R65W OF THE 6TH P M , WELD COUNTY
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO EAST STATE HIGHWAY 34 AND
APPROXIMATELY 325 FEET EAST OF CHERRY AVENUE.
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 22-2-80 A. I . Goal of the Weld County Code states: 1 . Promote the location of
industrial uses within municipalities. County Urban Growth Boundary areas.
Intergovernmental Agreement urban growth areas, growth management areas as defined in
municipalities' comprehensive plans. the Regional Urbanization Areas, Urban Development
Nodes, along railroad infrastructure or where adequate services are currently available or
reasonably obtainable. "
The proposed use is located adjacent to State Highway 34 and is located within the urban
growth boundary for the City of Greeley.
Section 22-2-80 F . I . Goal 6. of the Weld County Code states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties. "
The site is adjacent to residences to the south and east. The Department of Planning
Services is requiring a noise abatement plan and screening from adjacent properties and
rights-of-way as a condition of approval for this application .
Section 22-2-80 F .2. I . Policy 6.2 . of the Weld County Code states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from residential uses or public
roads."
Screening of the parking and storage areas on the site from adjacent properties to the south
and west and adjacent road right-of-way is required as a condition of approval .
22-2- 100 A. 2. OG . Policy 1 .2 . states "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and
should be subject to review in accordance with the appropriate sections of this Code_'
/z/5 - /9 7'/
RESOLUTION USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 2
The proposed use is on an existing commercial zoned lot. The applicant is proposing to
rezone the property to I- 1 (Industrial) under case # COZ14-0007.
B . Section 23-2-220 .A.2 -- The proposed use is consistent with the intent of the I- 1 (Industrial)
Zone District. Section 23-3-310 D. 10 allows Oil and Gas Support uses as a Use by Special
Review in the I- 1 Zone District.
C Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Single family residential lots and a residential subdivision are located
to the south and west of the site. Commercial uses are located to the northwest and east
(across Highway 34) from the site. In the past there has been a farm equipment sales
business on the property.
Staff has received a letter of concern/opposition from a surrounding property owner (located
to the west of the site) dated March 9. 2015 Concerns expressed/outlined in the letter are:
• Increased traffic making it difficult to enter onto 18th Street (Highway 34) from Cherry
Avenue.
• Noise
• Hours of Operation
• Lights shining into the property from trucks accessing and parking at the site.
• Diminished property value
The property owner requests that a sound and site barrier be erected should this application
be approved.
A number of conditions of approval and development standards are attached. Staff is
requiring screening of the site from adjacent residential properties to the south and west.
Submittal of a noise abatement plan is a condition of approval The Colorado Department of
Transportation
D. Section 23-2-220 ,A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Evans, Town of Garden
City , City of Greeley and Town of Kersey. No referral response has been received from the
City of Evans, Town of Garden City and Town of Kersey. The City of Greeley, in their referral
comments, dated April 21 , 2015, indicated that the property is located in the City of Greeley's
Long Range Expected Growth Area. The City considers the site location to be importance as
the City categorizes 18th Street (US Highway 34) as an Entry Corridor into the City. requested
that the property be screened from the view of adjacent roadways and properties (either by a
fence or landscaping of a sufficient height to provide year round screening) . The City of
Greeley attached landscaping and architectural standards in their referral . City of Greeley
water requirements were attached as well
A condition of approval has been attached that the applicant attempt to address the referral
comments of the City of Greeley
E Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V. of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area
The properties are located in the Greeley-Weld County Airport Overlay District. No referral
response has been received from the Greeley-Weld County Airport Authority
RESOLUTION USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 3
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program and the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
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 proposed facility is located on approximately 8.41 acres defined as "Other" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-220 .A.7 — There are adequate provisions for the protection of the health . safety.
and welfare of the inhabitants of the neighborhood and County.
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 can
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 recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A In the event the applicant intends to utilize the existing septic system at the home, for business
use. the septic system shall be reviewed by a Colorado registered professional engineer The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed. the
system shall be brought into compliance with current regulations. Alternately, a new septic
system may be installed for business use. Evidence of such shall be submitted. in writing , to
the Weld County Department of Planning Services. (Department of Public Health and
Environment)
B- Tie app icant sia submit a revisec waste land ing pan, for approva , to tie Environmental
Health Services Division of the Weld-County Department of Public Health & Environment. The
plan shall include disposal/recycling of tires. batteries and other scrap parts generated from
vehicle maintenance and disposal/recycling- of all waste fluids such as oil and antifreeze.
Include ' le names, eeoione numbers anc accresses o' - ie wass :e ianc ers and
disposal/recycling facilities. (Department of Public-Health and Environment)
C. Evidence of an approved access permit from the Colorado Department of Transportation shall
be provided to the Department of Planning Services. Evidence of such shall be provided to the
Department of Planning Services. (Colorado Department of Transportation)
D The applicant shall attempt to address the comments of the City of Greeley as stated in their
referral dated April 21 , 2015. (City of Greeley)
E. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services.
The plan shall address impacts to residential properties located to the west and south of the
site. (Department of Planning Services)
F . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0014 ( Department of Planning Services)
I
RESOLUTION USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 4
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. Show the approved CDOT accesses on the plat and label with access permit number.
(Colorado Department of Transportation)
5 . The applicant shall indicate specifically on the plat any right of way and/or easements and
indicate whether they are dedicated. private, or deeded and label with recorded document,
book and page and/or reception number. (Department of Planning Services — Engineer)
6 . Show and label the approved tracking control onto publically maintained roadways on the
map. (Department of Planning Services — Engineer)
7. Show and label the accepted drainage features, drainage flow arrows, turning radii (60ft),
and parking and circulation on the map. ( Department of Planning Services — Engineer)
8. Show any proposed gate back a minimum of 75ft from the right of way. (Department of
Planning Services — Engineer)
9. 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)
10. The map shall delineate the screening . The site shall be screened by a minimum 6-foot
opaque fence or plant material that will serve as solid/year round screening. (Department
of Planning Services)
11 . The map shall delineate the lighting . (Department of Planning Services)
12 . 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)
13. Edge of future right-of-way (75-feet from the centerline of Highway 34) shall be indicated
on the plat. (Colorado Department of Transportation)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit three (3) paper copies
or one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval . The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld County Code.
The Mylar map 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 map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution, a $50. 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(&co.weld.co. us. (Department of Planning Services)
I
RESOLUTION USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 5
5. Prior to Construction
A. If more than 1 acre is to be disturbed , a Weld County grading permit will be required prior to
the start of construction . Contact the Planning Department for application information
(Department of Planning Services — Engineer)
6. 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 map 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)
Motion seconded by Bruce Johnson .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 June 16. 2015.
Dated the 16th of June, 2015.
Digitally signed by Kristine
Ranslem
4thDate: 2015.06. 19 09:36:30 -0600'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Energes Services LLC
USR15-0014
1 . USR15-0014 is a Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service Facility (Parking and Staging of Oil and Gas Trucks and Equipment, Office and truck
and equipment maintenance) in the I- 1 (Industrial) Zone District, subject to the Development Standards
stated hereon . 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)
2 . Per the application materials, typical posted hours of operation are from 5 : 30 AM to 7: 30 PM 7-days a
week. Hours of operation Access to the site (including work vehicles entering and leaving the site) may
occasionally extend beyond these hours shall be allowed, as necessary. 24 hours a day, 7 days a week.
(Department of Planning Services)
3. Vehicles associated with the business shall be limited to 50 pickup trucks. 10 dump trucks. 20 water
trucks. 4 hydro excavators and 2 cranes. This limit does not include employees' personal vehicles.
(Department of Planning Services)
4. 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)
5. A maximum of twelve (12) twenty (20) full-time on-site employees shall be associated with this operation,
according to the application materials. This limit does not apply to employees who work offsite and access
the site to pick up and drop off vehicles and equipment. (Department of Planning Services)
6. The landscaping/screening on the site shall be maintained (Department of Planning Services)
7, All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
8. 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. Section 30-20- 100. 5, C . R . S (Department of Public Health and Environment)
9. Waste materials shall be handled . stored, and disposed of in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with the approved Waste--Handling Plan, at all times- The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall should be controlled on this site. Uses on the
property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of
Public Health and Environment)
11 . This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Industrial
Zone District, as delineated in Section 14-9-30 of the Weld County Code. ( Department of Public Health
and Environment)
12 . 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)
13- 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)
RESOLUTION USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 7
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. As employees or contractors are on site for less than 2 consecutive hours a day
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)
15. Sewage disposal for the facility shall be by septic system . Any septic system located on the property must
comply with all provisions of the Weld County Code. pertaining to On-site Waste-water Treatment System
(O .W.T.S_ ). (Department of Public Health and Environment)
16 . A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing public water supply. (Department of Public Health and Environment)
17. 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)
18. 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)
19. Should noxious weeds exist on the property. or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15 . Articles I and II . of the Weld County Code (Department of Planning Services — Engineer)
20. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
21 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
22 . This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops further.
(Department of Planning Services - Engineer)
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
24. The temporary Colorado Department of Transportation (CDOT) access permit will expire at the end of the
current three year lease. A new CDOT access permit will be required after expiration of the current lease_
(Department of Planning Services - Engineer)
25. 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 2011
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)
26 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
27. 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 USR15-0014
MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PAGE 8
28. 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
29. 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.
30. 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
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.
pa M1NuThS
61-1 tlal IS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 16, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street. Greeley. Colorado This meeting was called to order by Chair.
Jason Maxey. at 1 . 30 pm .
Roll Call.
Present: Bruce Johnson, Bruce Sparrow. Jason Maxey Jordan Jemiola. Joyce Smock. Michael Wailes.
Nick Berryman . Terry Cross.
Absent: Benjamin Hansford.
Also Present: Kim Ogle, Chris Gathman , and Tom Parko. Department of Planning Services: Wayne
Howard , and Jennifer Petrik. Department of Planning — Engineering Division: Lauren Light and Heather
Barbare. Department of Health . Brad Yatabe. County Attorney, and Kris Ranslem. Secretary.
Motion : Approve the June 2, 2015 Weld County Planning Commission minutes. Moved by Joyce Smock,
Seconded by Nick Berryman . Motion passed unanimously .
CASE NUMBER. COZ14-0007
APPLICANT MERLE LUTHER & LUTHER RENTALS 1510 LLC
PLANNER CHRIS GATHMAN
REQUEST CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL ) ZONE
DISTRICT TO THE I-1 (INDUSTRIAL) ZONE DISTRICT
LEGAL DESCRIPTION. PART OF LOT 1 SW4SW4 SECTION 10. T5N . R65W AND PART OF LOTS 2 &
5 IN SW4SW4 SECTION 10. T5N R65W OF THE 6TH P M. , WELD COUNTY.
COLORADO
LOCATION. SOUTH OF AND ADJACENT TO EAST HIGHWAY 34 AND APPROXIMATELY
325 FEET EAST OF CHERRY AVENUE
CASE NUMBER USR15-0014
APPLICANT MERLE LUTHER AND LUTHER RENTALS 1510 LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY.
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY ( PARKING
AND STAGING OF OIL AND GAS TRUCKS AND EQUIPMENT. OFFICE AND
TRUCK AND EQUIPMENT MAINTENANCE ) IN THE A (AGRICULTURAL)
ZONE DISTRICT THIS APPLICATION IS BEING PROCESSED IN
CONJUNCTION WITH COZ14-0007 (A REQUEST FOR A CHANGE OF ZONE
FROM C-3 (BUSINESS COMMERCIAL) TO1-1 INDUSTRIAL
LEGAL DESCRIPTION PART OF LOT 1 SW4SW4 SECTION 10, T5N , R65W AND PART OF LOTS 2 &
5 IN SW4SW4 SECTION 10 T5N. R65W OF THE 6TH P M . . WELD COUNTY
COLORADO
LOCATION SOUTH OF AND ADJACENT TO EAST STATE HIGHWAY 34 AND
APPROXIMATELY 325 FEET EAST OF CHERRY AVENUE
Chris Gathman . Planning Services. presented Case COZ14-0007, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
Chris Gathman , Planning Services. presented Case USR15-0014, reading the recommendation and
comments into the record . Mr. Gathman noted that a letter was received with concerns of increased
traffic on 18th Street, noise, hours of operation , lights shining on surrounding property and diminished
property values . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Wayne Howard. Engineering . reported on the existing traffic. access and drainage conditions and the
requirements on site.
EXHIBIT
-fl
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan_ Ms. Light recommended deleting Condition of Approval 1 . B
as it is covered under Development Standard 9. Additionally, she recommended amending Development
Standard 10 by replacing the word "shall" with "should" and amending Development Standard 9 to
replace the last sentence with "The facility shall operate in accordance with Chapter 14 Article I of the
Weld County Code". Ms. Light suggested reviewing Development Standard 11 as it talks about the noise
level in the Commercial Zone: however since this is being rezoned to Industrial you may want to change it
to the Industrial Zone level .
Terry Peltes. Energes Services, 33247 Hwy 85. Lucerne. stated that they were under the impression they
could use this site for this type of business and apologized for any violations that were started. He
emphasized that they want to do this the right away . He commented that he has talked to the person who
submitted the letter and they will try to make sure her concerns are taken care of.
Commissioner Sparrow asked if any painting is done on site. Mr. Peltes said that no painting is done on
this site.
Commissioner Smock referred to Greeley's concern regarding the proximity of the school. Mr. Peltes said
that the school is pretty far away and believes that screening may help
Commissioner Smock clarified if 200 employees will access the site. Mr Peltes said that they have 400
employees within the company between three (3) different locations and this site will be a home base to
about 150 employees.
Todd Hodges. Todd Hodges Design. 2412 Denby Court. Ft. Collins. Colorado. stated that they discussed
with staff the difference of going to a different level of industrial zoning to make this a use by right in the I-
2 Zone District. However they chose to go to the I-1 Zone District with a Special Use Permit where there
is more control of uses within that site_ He stated that there is a lot of traffic in the area and other
industrial uses in the area so they believe it is compatible with the area .
Mr. Hodges stated that this is a 24 hour operation and would like to amend Development Standard 2 to
emphasize that. He added that the language "may occasionally" may be interpreted differently by other
people_ Mr Gathman said that the hours are important and understands that the oil and gas business
operates 24/7 but there are residential uses directly south of the site and not far west of the site so he
doesn't feel comfortable with changing it to a 24/7 operation .
Mr. Hodges said that they would like to request removal of Development Standard 3 as they don't wish to
be limited to the exact types of trucks. He added that they do not intend to change the traffic but they
may have an additional dump truck or water truck or other equipment.
Additionally. he requested amending Development Standard 5 to allow 20 full-time employees.
Mr. Hodges stated he also agreed with staff's recommendation of amending Development Standard 11 to
the Industrial Zone District noise level .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Brad Yatabe. County Attorney, asked the Planning Commission to consider the Change of Zone
application prior to the USR application.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case COZ14-0007 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval.
Moved by Bruce Sparrow, Seconded by Bruce Johnson
Vote: Motion carried by unanimous roll call vote (summary : Yes = 7).
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Yes: Bruce Johnson , Bruce Sparrow. Jordan Jemiola, Joyce Smock. Michael Wailes, Nick Berryman ,
Terry Cross .
Absent: Jason Maxey
Motion : Delete Condition of Approval 1 . B as stated by staff. Moved by Terry Cross. Seconded by Bruce
Sparrow. Motion carried unanimously.
Motion : Amend Development Standard 9 as stated by staff. Moved by Bruce Sparrow, Seconded by
Michael Wailes. Motion carried unanimously.
Motion : Amend Development Standard 10 as stated by staff. Moved by Bruce Johnson, Seconded by
Bruce Sparrow. Motion carried unanimously.
Mr. Howard asked the Planning Commission to keep in mind that these vehicles access onto a state
highway. Passenger vehicles versus trucks bring different problems and CDOT does provide passenger
car equivalents when determining issues surrounding access onto their roadways. Mr. Howard
recommended not to be specific to the type but to be consistent with what the referral process has been
through which would be 50 passenger vehicles and 30 trucks. He added that then they are not specific to
what type of trucks or pickup trucks_
Mr. Peltes said that they are growing and are getting close to reaching the 50 passenger vehicles. He
added that this would not leave them any room for growth . Mr. Howard cautioned that CDOT may not
waive a right turn lane, which is a safety issue, if there was unlimited access. Mr. Hodges said that the 50
pickup trucks are not the employee's personal vehicles and the employee vehicles are not included in this
count. Commissioner Jemiola thought that it would be prudent to leave the numbers and address it with
the County Commissioners.
Motion : Amend Development Standard 3 to reflect 75 passenger vehicles and 40 other vehicles used in
oil and gas production. Moved by Terry Cross. Motion died due to lack of second motion_
Mr. Hodges said that the traffic study took the 200 total vehicles into account. He added that they are not
changing the 200 number but asking for flexibility of the types of equipment on site. Mr. Hodges stated
that they will talk with the traffic engineer and meet with CDOT and bring the changes to the Board of
County Commissioner hearing .
Motion : Amend Development Standard 11 as stated by staff. Moved by Bruce Johnson, Seconded by
Michael Wailes. Motion carried unanimously.
Motion : Amend Development Standard 5 to reflect 20 full-time employees. Moved by Bruce Johnson.
Seconded by Michael Wailes. Motion carried unanimously.
Motion : Amend Development Standard 2 to read "Per the application materials. posted hours of
operation are from 5: 30 am to 7. 30 pm, 7 days a week. Access to the site (including work vehicles
entering and leaving the site) shall be allowed, as necessary. 24 hours a day. 7 days a week". Moved by
Michael Wailes. Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they 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 USR15-0014 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow. Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson , Bruce Sparrow. Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Jason Maxey.
Meeting adjourned at 8: 55 pm.
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Respectfully submitted,
Digitally signed by Kristine Ranslem
46,a5ailt, AAdvK, Date: 2015.06. 19 15:15:45 -06'00'
Kristine Ranslem
Secretary
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