HomeMy WebLinkAbout20153647.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Benjamin Hansford,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: USR15-0040
APPLICANT: W3 LEGACY 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(PARKING AND STAGING AREA FOR A TRUCKING AND
CONSTRUCTION BUSINESS ALONG WITH TRANSLOADING OF FLYASH),
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: LOT A REC EXEMPT RE-1247;BEING PART E2/PT NW4 SECTION 19,T5N,
R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: APPROXIMATELY 370 FEET SOUTH OF CR 56 AND APPROXIMATELY 0.5
MILES EAST OF CR 13.
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.
thbb Section 22-2-A.Policy 7.2.states:"Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development,and should attempt to be compatible with the region."
z-Acj K The proposed facility is located on an old feedlot facility site(SUP-154—feedlot for up to
S 2,850 head of cattle). Development standards are proposed to mitigate impacts of the
a operation including limiting truck numbers to what is called out in the application,along with
=i noise limits and lighting standards.
Section 22-2-80 G.2 A.I.Goal 1.of the Weld County Code states:"Promote the location of
`r 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 site is bordered by both the Great Western and Union Pacific Railroads.
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.S of the Weld County code allows any use permitted as a Use
by Right,an Accessory Use,or a Use by Special Review in the Commercial or industrial zone
districts(Parking and Staging area for a trucking and construction business)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 and Section 23-3-40.A.7
allows Mineral resource development facilities including Transloading(transloading of flyash)
• as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3—The uses which will be permitted will be compatible with the existing
surrounding land uses.The property borders the Union Pacific Railroad on the north and the
Great Western Railroad on the south.The site is bordered by cropland on all sides.The
A015-191/7
RESOLUTION USR15-0040
W3 LEGACY LLC
PAGE 2
nearest residences are approximately 1,100 feet to the north and northwest and
approximately 1,600 feet to the east of the site.
An e-mail on behalf of the CLR-34 Neighborhood Association was received 10/7/2015.This
e-mail had several questions and requested additional information re:the offloading of fly ash
(how will fly ash be stored?how many and when will railcars arrive?Will loading be occurring
outside of daytime hours...).
A letter of opposition dated October 23, 2015 was received from a surrounding property
owner. The letter indicates that the application does not address all issues associated with
the transloading of flyash re: the health, safety and welfare of the neighborhood.There are
concerns that large quantities of flyash will affect and possibly kill vegetation and crops.The
letter requests additional details as to how the transloading operation will be conducted,
where the flyash will be stored, how it will be transferred from railcars to trucks and what
preventative action will be taken to reduce flyash fugitive dust from the site and from trucks
arriving and departing from the site. If approved the letter requests a number of conditions:
1. Pave WCR 56.
2. Operate only between 7:00 am to 5:00 pm, Monday through Friday.
3. Unloading of flyash be restricted to days where wind is less than 2 mph and only
during the above operation times.
4. Restrict noise to 50 dB or less.
5. Place a 10-15 ft berm around the entire site with appropriate vegetation to hide the
facility.
6. Limit the number of all types of trucks and light to heavy equipment to less than 20.
7. Lighting be downward facing and not noticeable from a distance.
A number of development standards and conditions of approval are attached to address
impacts and concerns associated with this application. Development standards are attached
per the Weld County Department of Environmental Health requiring the applicant to adhere to
Air Pollution Emission Notice(APEN)and Emissions permit requirements,requiring flyash to
be handled and stored securely,on an impervious surface,in a safe manner and in a manner
that minimizes dust,the release of hazardous air pollutants,and minimizes spills.Additionally
a noise standard is attached along with a lighting standard requiring lighting to be downcast.
Tracking control is required to prevent tracking of dirt and debris onto County Road 56.There
is a development standard limiting truck traffic to 20 (twenty)trips per day.
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 areas of City of Greeley, Town of
Johnstown,Town of Windsor and Larimer County. The City of Greeley and Town of Windsor
indicated no conflicts with their interest in their referral comments dated July 30, 2015 and
July 31, 2015. No referral comments have been received from the Town of Johnstown or
Larimer County.
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.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
RESOLUTION USR15-0040
W3 LEGACY LLC
PAGE 3
Building Permits issued on the proposed lot will be required to adhere to 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 23.03 acres delineated as"(Prime)Irrigated
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.The site is
completely covered with improvements associated with a former feedlot facility.
G. Section 23-2-220.A.7—There is 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. Revise, sign, and stamp the drainage narrative to include the reference to the new Drainage
Code- Chapter 23, Article 12. (Department of Planning Services-Engineer)
B. The applicant shall attempt to address the requirements of the Front Range Fire Rescue
Authority, as stated in the referral response dated August 20, 2015. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0040 (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 map shall delineate the landscaping and/or screening. (Department of Planning
Services)
5. The map shall delineate the parking for customers and/or employees. (Department of
Planning Services)
6. Show the approved access on the map and label with the approved access permit
number(will be provided AP15-00293). (Department of Planning Services- Engineer)
7. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
8. The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
RESOLUTION USR15-0040
W3 LEGACY LLC
PAGE 4
parcel.Show and label a 30 ft minimum access easement to provide adequate access to
the parcel. (Department of Planning Services- Engineer)
9. Clearly identify on the map the employee and employee vehicle parking area.
(Department of Planning Services)
10. Show location of proposed modular office. (Department of Planning Services)
11. Two building locations(building envelopes)are indicated on the plat—label as"building
envelope alternative 1" and "building envelope alternative 2". (Department of Planning
Services)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)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
maosa.co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services- Engineer)
B. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services—Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
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 map is ready to be recorded in the office of
or the applicant has been approved for an early Weld County Clerk and Recorder pp pp release
agreement. (Department of Planning Services)
RESOLUTION USR15-0040
W3 LEGACY LLC
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Motion seconded by Terry Cross.
VOTE:
For Passage Against Passage 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 November 3, 2015.
Dated the 3rd of November, 2015.
Digitally signed by Kristine Ranslem
/74QiYI. Date:2015.11.06 09:02:47-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
W3 Legacy, LLC
USR15-0040
1. 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
(parking and staging area for a trucking and construction business)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 and Mineral resource development facilities including Transloading
(transloading of flyash)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. Per the application materials, posted hours of operation are from 6:00 AM to 8:00 PM Monday through
Saturday.Access to the site (including work vehicles entering and leaving the site)shall be allowed, as
necessary, 24 hours a day Monday through Saturday. (Department of Planning Services)
4. A maximum of twenty (20) semi-trucks and trailers will access the site per day, per the application
materials. (Department of Planning Services)
5. The parking 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 landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. 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)
9. 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. This facility shall not operate as a transfer facility, as outlined in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of
Public Health and Environment)
10. 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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
11. The facility shall comply with the Air Pollution Emission Notice(APEN)and Emissions permit requirements
as stipulated by the Air Pollution Control Division,Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions 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. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department Health of Public eal th and
Environment)
14. 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)
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15. All pesticides,fertilizer,and other potentially hazardous chemicals must be handled in a safe manner, in
accordance with product labeling,and in a manner that minimizes the release of hazardous air pollutants
(HAP's)and volatile organic compounds(VOC's). All chemicals must be stored secure,on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
16. 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)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
18. 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
Systems. (Department of Public Health and Environment)
19. 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)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds.
All chemicals must be stored securely,on an impervious surface,and in accordance with manufacturer's
recommendations. Fly ash must be handled and stored securely, in a safe manner, and in a manner that
minimizes dust,the release of hazardous air (Department pollutants,and minimizes spills. of Public Health
and Environment)
Department of Labor and Employment Division
21. The facility shall comply with all provisions of the Colorado p
PY
of Oil and Public Safety Underground and Above Ground Storage Tank Regulations, as applicable.
(Department of Public Health and Environment)
22. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112,shall be available on site,as applicable.(Department of Public Health and
Environment)
23. 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)
24. 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)
25. 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)
26. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
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28. The right-of-way or easement shall be graded and drained to provide an all-weather access.(Department
of Planning Services- Engineer)
29. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services-Engineer)
30. 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)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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
RESOLUTION USR15-0040
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PAGE 9
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3 , 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,
Jordan Jemiola , at 12 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jordan Jemiola , Joyce Smock, Michael
Wailes , Nick Berryman , Terry Cross .
Absent: Gene Stille .
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, and Tom Parko , Department of Planning
Services ; Wayne Howard , and Jennifer Petrik , Department of Planning Services — Engineering Division ;
Lauren Light, Department of Health ; Bruce Barker and Bob Choate , County Attorney, and Kris Ranslem ,
Secretary.
Motion : Approve the October 20 , 2015 Weld County Planning Commission minutes , Moved by Benjamin
Hansford , Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR15-0040
APPLICANT: W3 LEGACY 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 (PARKING AND STAGING AREA FOR A
TRUCKING AND CONSTRUCTION BUSINESS ALONG WITH
TRANSLOADING OF FLYASH ), 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 : LOT A REC EXEMPT RE-1247; BEING PART E2/PT NW4 SECTION 19, T5N ,
R67W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : APPROXIMATELY 370 FEET SOUTH OF CR 56 AND APPROXIMATELY 0. 5
MILES EAST OF CR 13 .
Commissioner Wailes said that because his property is an enclave of this site and has had discussions
with the applicant's representative regarding this case he would like to abstain from this case .
Chris Gathman , Planning Services , presented Case USR15-0040 , reading the recommendation and
comments into the record . Mr. Gathman said that this property was previously permitted for 2850 head of
cattle under SUP- 154 . Mr. Gathman noted that a number of letters were received in opposition to this
case. The letters outlined concerns regarding incompatibility, noise and dust, the hours of operation , train
noise and hours, health questions regarding flyash , and how transloading will be conducted and
transferred from trains to trucks . The letters also listed conditions of approval such as paving , limiting
hours of operation , restrict noise levels , place a 15 foot berm with appropriate vegetation , limit traffic to
less than 20 trucks and downward lighting . 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 .
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan . Ms . Light suggested that Development Standards 14 , 15 and
17 may be deleted as it is duplicated in other development standards .
EXHIBIT
a B
L$I2tS - o . o
1
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado stated that this request is for a
commercial trucking and construction business. The business operates its main facility in Morgan County
and will use this site for operations in Weld County and the 1-25 Corridor.
There will be approximately 20 trucks and trailers used to haul flyash for soil stabilization in road
construction projects. The site will also be used for parking for heavy construction equipment when it is
not already mobilized to a construction site. A rail spur is proposed on the southern portion of the site to
receive flyash by rail and ship it by truck to the construction sites.
The site was operated as a feedlot and will be removed upon approval of this request. All lights will be
shielded and downcast. The site is approximately 23 acres in size and located between the Union Pacific
and Great Western railroads.
Mr. Naylor requested that the Planning Commission forward a favorable recommendation to the Board of
County Commissioners regarding this case.
Commissioner Cross asked how the flyash will be put into the existing silos on site. Mr. Naylor said it is
augured or pneumatically transferred in a closed system. He added that it is hooked to the bottom of the
rail car and pulled into the silo and augured back out to a sealed delivery truck. Mr. Naylor said that the
environment needs to be controlled when handling the flyash as it hardens when it hits any moisture.
Commissioner Johnson asked about the issue of the water quality leaving the property. He further asked
if the water is tested. Mr. Naylor said that the run-off water is not tested and added that the water quality
feature is to capture any sediments from the site. Mr. Howard said that there are no requirements to
capture the water and test it. The goal is not to have any release, as Mr. Naylor stated, because it is a
very fine particle like cement. He added that the applicants were not required to construct a water quality
pond; however they elected to do that for this site. Mr. Naylor stated that the water quality pond is
designed to control any run-off from the site and capturing any sediment on site. Mr. Johnson said he is
concerned with the water quality with that many trucks on site.
Commissioner Berryman asked if there is a screening plan proposed. Mr. Naylor said that they did not
prepare a screening plan since the nearest residence is 1100 feet from the property and believes that the
buffer within the agricultural area gives adequate screening.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Michael Chrisman, 6713 Apache Road, Johnstown, stated that he is opposed to this request. He said
that this is the third initiative in as many months attempting to industrialize this area. He said that
although taken at face value this request appears to be relatively benign and have a relatively low impact;
however the incremental industrialization of this area will have a greater detrimental impact. Mr.
Chrisman requested denial of this USR. Should this be approved, Mr. Chrisman urged the Planning
Commission to place comprehensive conditions of approval to attempt to maintain the current conditions
present in this area. He asked that they consider noise restrictions, haul routes (require the applicant to
go west onto County Road 13), and paving of County Road 56.
David Kisker, 6681 Apache Road, Johnstown, stated that he represents the CLR 34 group opposing this
request. He said that they requested details from the applicant and didn't receive a response until the
second request they made. He provided a list of questions that was submitted and added that he didn't
feel their questions were adequately addressed but rather they were given vague answers.
Mr. Kisker stated that this request does not meet the agricultural goals and policies of the Weld County
Code since this is used in road construction and it is not related to or dependent upon agriculture.
Additionally, it does not meet the intent of the agricultural zone district as it is not compatible and does not
meet the health, safety and welfare of current and future residents of the area.
Mr. Kisker requested denial of this application. However, should this be approved Mr. Kisker requested
that their concerns of noise, dust, traffic and working hours be mitigated. He requested that an Off-site
Improvements Agreement should be required, that berms and sound barriers be placed in strategic
2
locations,m have onsite equipment available in case there is a release or spill, and limit working hours to
7 am to 5 pm Monday through Friday.
Janet Ross, 6248 CR 56, stated that all the truck traffic will be going by her house. She is concerned that
if County Road 56 becomes paved it will become an alternate route from the Martin Marietta site. She
also requested that vegetation and trees or a berm be placed between her property and the proposed
site. Additionally, she requested that the hours of operation be changed and the noise level restricted.
Ms. Ross stated that she is concerned with flyash and the contaminants of flyash and added that her
family has respiratory conditions and is concerned with their health.
John Cummings, 26700 CR 13, stated that his property abuts this proposed site. He is opposed to this
application as it belongs in an industrial site area. He is concerned with spills on the ground and emitted
into the air. He agrees with the three (3) previous speakers with the conditions that should be placed to
mitigate these concerns. Mr. Cummings also requested that unloading of flyash be restricted to when
there are low wind conditions.
Mel Bickling 6690 Lakota Court, stated he is concerned with the transfer of flyash
to the silos and that the
existing silos are not designed to store flyash. Additionally, Mr. Bickling stated that he is concerned about
the truck traffic.
Martin Brown, CR 56, stated that County Road 56 is not wide enough to support two (2)semi-trucks.
Ellen De Lorenzo 1744, CR 44, stated that she is concerned with the incremental industrialization as
previously stated. She questioned the number of silos on site and asked if Martin Marietta will be a
recipient of this applicant's output.
The Chair called a recess at 2:09 pm and reconvened the hearing at 2:25 pm.
Mr. Naylor said that this site will be a satellite operation and will have 5 to 8 loads per day at this facility.
Mr. Naylor referred to the question on Martin Marietta and stated that W3 Legacy is at times a
subcontractor of Martin Marietta as they are building a road but they are not supplying flyash to the Martin
Marietta concrete batch plant.
Commissioner Jemiola asked about the transmission of the material to the silos. Mr. Naylor said it is a
piped system that goes through a hose and goes directly into the silo. Mr. Jemiola asked if the existing
silos are contained. Mr. Naylor said that they will need to be retrofitted to make sure that they meet the
air quality permit requirements.
Mr. Naylor stated that he visited with the applicant during the break and added that the applicant is willing
to put screening up along the western edge of the property.
Mr. Naylor said that the County sets standards or triggers for paving and at this time it is not required due
to the amount of traffic; therefore they do not intend to pave County Road 56.
Commissioner Berryman asked if the width of the County Road 56 is adequate. Mr. Howard said that
Public Works has not indicated that this roadway is a problem.
The Chair asked the applicant if they have read through the 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 USR15-0040 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 Benjamin Hansford, Seconded by Terry Cross.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Nick Berryman, Terry Cross.
No: Joyce Smock.
Excused: Michael Wailes.
3
Commissioner Smock cited Section 23-2-220.A.3 and added that she believes it is a compatibility issue
for this area.
Commissioner Hansford stated that he realizes that the residents of this area feel like they are being
targeted; however with the growth that they have seen in the past and what is to come in the future
everyone will be impacted by growth.
Commissioner Jemiola believes that this site can be mitigated to be compatible with the surrounding area.
Meeting adjourned at 6:23 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
a,41-Uk., Date:2015.11.06 08:37:00-07'00'
Kristine Ranslem
Secretary
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