HomeMy WebLinkAbout20150964.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
'A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
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: USR14-0083
APPLICANT: AGFINITY INC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS(PROPANE LOADOUT FACILITY)PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX14-0104; BEING PART OF NE4 SECTION 9, T6N, R63W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 67 AND SOUTH OF AND ADJACENT TO
HWY 392.
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 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." and Section 22-2-20.G.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."
The applicant is proposing to construct a loadout facility to deliver propane to the rural farm
community in the area. Two-30,000 gallon propane tanks (bullet tanks) will be placed on a 4 acre
parcel.The facility will have security fencing around the valves and pumps,and barricades to protect
the tanks. Night lighting is being proposed. Two bobtail trucks will access the facility two or three
times a day during cold season. This is an unmanned facility with no buildings proposed. The
transport trucks delivering bulk propane to the bullet tanks have 24/7 access to the site, these
transport trucks will deliver to the location once or twice a week during home heating season. The
hours of operation for the loadout of propane are proposed to be 7:00 a.m. - 7:00 p.m. Monday—
Friday, and 24/7 if there is an emergency. Staff is requesting that the lighting plan be shown on the
USR map.
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. which allows for a Site Specific Development Plan and Use by Special
Review Permit for A Use Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts(propane loadout facility)provided that the property is
not a lot in an approved or recorded subdivision plat or lots part 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.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. The closest
residence is about 900 feet south of the site and on the east side of CR 67.
RESOLUTION USR14-0083
AGFINITY INC
PAGE 2
There are three(3)USRs located within one mile of this parcel. USR-1727 for a private commercial
recreational facility is located about one-half mile to the west. Amended USR-227 for a 3,000 head
feedlot for cattle and sheep is location about a mile north of the site. USR12-0052 for a non-1041
major facility of a public utility is located along CR 67 adjacent to the site. The Weld County
Department of Planning Services has received one letter of concern and has received two phone calls
from surrounding property owners inquiring about the intensity of the use and the amount of traffic.
The Conditions of Approval and the Development Standards for this proposal will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land
uses.
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 not located within a three(3)mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA)of a municipality.
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.
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 USR is on approximately four(4)acres of land designated as"Prime if they become
Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of production.
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 plat:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0083. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
RESOLUTION USR14-0083
AGFINITY INC
PAGE 3
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The lighting shall be shown on the map. (Department of Planning Services)
5) County Road 67 is a gravel 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 verify
and delineate on the plat the future and existing right-of-way and the documents creating the
existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Planning Services- Engineer)
6) Show the approved access on the plat and label with the approved access permit number(AP15-
00045). (Department of Planning Services- Engineer)
7) Show the accepted water quality feature on the map with volume and label as "Water Quality
Feature, No-Build or Storage Area." (Department of Planning Services- Engineer)
8) Show and label the drainage flow arrows,access turning radii,and traffic circulation on the map.
(Department of Planning Services- Engineer)
9) Show any proposed gate back a minimum of 100 ft from the edge of shoulder. (Department of
Planning Services- Engineer)
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 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)
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)
b. If more than 1 acre is to be disturbed for construction of non pipeline items such as structures,parking
lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of
construction. (Department of Planning Services- Engineer)
RESOLUTION USR14-0083
AGFINITY INC
PAGE 4
6. Prior to Operation:
a. Construction of the approved access and/or tracking control improvements is required prior to
operation. (Department of Planning Services— Engineer)
b. 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 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 March 17, 2015.
Dated the 17`" of March, 2015.
Digitally signed by Kristine Ranslem
4.•4.C.1 .f ._ Date:2015.03.20 07:44:05-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Agfinity, Inc.
USR14-0083
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0083,forA Use Permitted
as a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone
Districts (propane loadout facility) provided that the property is not a lot in an approved or recorded
subdivision plat or lots part 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. This is an unmanned facility as stated by the applicant. (Department of Planning Services)
4. The hours of operation are 7:00 a.m.-7:00 p.m. Monday—Friday and 24/7 if there is an emergency and
the transport trucks delivering bulk propane to the bullet tanks have 24/7 access to the site,as stated by
the applicant. (Department of Planning Services)
5. Two bobtail trucks will access the facility two or three times a day during cold seasons. The transport
truck delivering propane to the site will deliver to the location once or twice a week during home heating
season and as needed if there is an emergency, as stated by the applicant. (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 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. (Department
of Planning Services)
8. 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)
9. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
10. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services- Engineer)
11. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
14. 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 the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
RESOLUTION USR14-0083
AGFINITY INC
PAGE 6
15. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations(7 ccr 1101-15),
as applicable. (Department of Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan,at all times. (Department of Public Health
and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
18. 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)
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. A building permit may be required,per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
RESOLUTION USR14-0083
AGFINITY INC
PAGE 7
26. 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.
PC 1'Y?,rn�t 3-17-1i
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 17, 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: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Terry Cross.
Absent: Michael Wailes, Nick Berryman.
Also Present: Chris Gathman, Diana Aungst and Steve Elkins, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 3, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR14-0083
APPLICANT: AGFINITY INC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PROPANE LOADOUT FACILITY) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX14-0104; BEING PART OF NE4 SECTION 9, T6N, R63W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 67 AND SOUTH OF AND ADJACENT TO
HWY 392.
Diana Aungst, Planning Services, presented Case USR14-0083, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter and two (2) phones were received from
surrounding property owners inquiring about the intensity of the use and the amount of traffic. 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.
Commissioner Maxey asked what CDOT's response was to this request. Mr. Howard said that there was
no response from CDOT with regard to this request.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Larry Ehrman, Agfinity, 260 Factory Road, Eaton, Colorado stated that they need to expand their propane
storage to meet their demand and improve their efficiencies. He added that there will be low volume of
traffic to the site.
Commissioner Maxey asked how the drivers will handle the acute triangle at Highway 392. Mr. Ehrman
said that if it becomes a problem the drivers can continue south on County Road 67 and come . • i• •
Highway 392 for a better site triangle. EXHIBIT
` 1 1 ✓O
at)/5^D9047i
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 USR14-0083 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Terry Cross.
Meeting adjourned at 6:05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
fit✓ Date: 2015.03.20 07:39:25 -06'00'
Kristine Ranslem
Secretary
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