HomeMy WebLinkAbout20142591 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: USR14-0028
APPLICANT: STUART BOMBEL, C/O ASPHALT SPECIALTIES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (HEAVY EQUIPMENT AND TRUCK REPAIR SHOP ALONG WITH
OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING),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: PART OF THE N2SE4 (ALL THAT PART LYING SOUTHEASTERLY OF THE
BULL CANAL)OF SECTION 22,Ti N,R68W OF THE 6TH P.M.,WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO THE WEST 1-25 FRONTAGE ROAD;
APPROXIMATELY 1,300 FEET NORTH OF CR 6.
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.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.'
Section 22-2-20 I. A. Goal 9 states"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
The proposed Use by Special Review Permit is located on a property previously approved for
a landscaping materials yard under USR-1315. A landscape/screening plan to screen
outdoor storage/staging of vehicles and a lighting plan is attached as a condition of approval
for this case. Truck traffic for this use will be separated from the residential properties to the
south as the trucks will be accessing Interstate 25 to the north at the County Road 8 (Erie
Parkway) intersection. Staff considers this to be a nonurban industrial use as the site is
proposed to be served by a commercial well and septic systems.
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 lists any u - •- ••••-- --
by Right, an Accessory Use, or a Use by Special Review in the C. EXHIBIT
Zone Districts (Heavy Equipment and Truck Repair Shop
equipment/vehicle storage and staging) provided that the property is m
or recorded subdivision plat or lots parts of a map or plan filed pr I
regulations controlling subdivisions as a Use by Special Review in the use t
District.
RESOLUTION USR14-0028
STUART BOMBEL, C/O ASPHALT SPECIALTIES
PAGE 2
Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located approximately 1,000 feet of north of 8-10
residences. Two single family residences are located to the northwest of the site. A fencing
business (USR-1622) and excavation business (USR-970). No correspondence or phone
calls from surrounding property owners have been received in regards to this case. A
landscape/screening plan to screen outdoor storage/staging of vehicles and a lighting plan
are attached as conditions of approval for this case. Truck traffic for this use will be
separated from the residential properties to the south as the trucks will be accessing
Interstate 25 to the north at the County Road 8 (Erie Parkway) intersection. The Colorado
Department of Transportation (CDOT) is requiring an access permit for this use.
C. 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 the City of Dacono,Town of Erie
and Town of Frederick. The Town of Erie in their referral comments, dated June 4, 2014
stated that they object to this application due to the proposed use does not comply with the
Town of Erie Comprehensive Plan and objects to the lack of screening of outdoor vehicle
storage yards from adjacent properties and Interstate 25.A condition of approval is attached
that requires a landscaping/screening plan in response to the Town of Erie referral comments
and county guidelines.
The proposed Use by Special Review Permit is located on a property previously approved for
a landscaping materials yard under USR-1315. The site is located adjacent to the town limits
of Erie to the south but is not located within the County's recognized urban growth boundary
for the Town of Erie(defined as being 1/4 mile from existing sewer lines). The County does not
have a coordinated planning agreement with the Town of Erie. Staff considers this to be a
nonurban industrial use as the site is proposed to be served by a commercial well and septic
systems.
The application indicates that all heavy truck traffic associated with the business will utilize
County Road 8 (Erie Parkway) only to exit and enter Interstate 25. No heavy trucks will be
travelling west nor east on County Road 8 beyond the west 1-25 frontage road/Interstate 25
access points.
D. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. This property is located in the Geological Hazard Overlay District. 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.
E. 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 19.91 acres delineated as "Prime"
according to the Prime and Important Farmlands Map of Weld and Larimer Counties per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is
covered by existing buildings and improvements and has not been in agricultural production
for several years.
RESOLUTION USR14-0028
STUART BOMBEL, C/O ASPHALT SPECIALTIES
PAGE 3
F. 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. A letter signed by the landowner requesting the vacation of USR-1315 shall be submitted to the
Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit a copy of an approved commercial well permit for the proposed use.
(Department of Public Health and Environment)
C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. Provide a copy of an approved access permit from CDOT for this use. (CDOT)
E. The applicant shall attempt to address the requirements of the Mountain View Fire Protection
District, as stated in the referral response dated June 25,2014. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.which states,
in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
G. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent properties
and public rights of way. (Department of Planning Services)
H. The applicant shall submit a Signage Plan to the Department of Planning Services, for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval. This updated parking plan shall show the dimensions of the drives and
the parking stalls including the ADA parking stalls. The applicant shall comply with Appendix
23-B of the Weld County Code and the Section 208 of the 2010 Americans with Disability Act
and provide an adequate number of parking stalls. (Department of Planning Services)
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0028 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR14-0028
STUART BOMBEL, CIO ASPHALT SPECIALTIES
PAGE 4
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The Colorado Department of Transportation(COOT)has jurisdiction over all accesses to
state highways (1-25 Frontage Road). Show the approved CDOT accesses on the map
and label with access permit number if applicable. (COOT)
6. Show and label the water quality feature/depression on the map. (Department of
Planning Services— Engineer)
7. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services—Engineer)
8. Show and label the Geologic Hazard Area and Geological Hazard Fault(s) on the
map. (Department of Planning Services— Engineer)
9. The approved Landscape/Screening Plan. (Department of Planning Services)
10. The approved Lighting Plan. (Department of Planning Services)
11. The approved Signage Plan. (Department of Planning Services)
12. The approved Parking Plan. (Department of Planning Services)
2. Upon completion of Condition of Approval#1 above, the applicant shall submit two(2) paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $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
mapsco.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. (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 plat is ready to be recorded in the office of the
RESOLUTION USR14-0028
STUART BOMBEL. CIO ASPHALT SPECIALTIES
PAGE 5
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
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 August 5, 2014.
Dated the 5`h of August, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.08.11 09:38:07-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Specialties
USR14-0028
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0028,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 (Heavy Equipment and Truck Repair Shop along with outside equipment/vehicle storage and
staging), 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, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The number of on-site employees shall be commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 6:00 a.m. — 11:30 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of
Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of
Planning Services)
8. The Landscaping/Screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
9. 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)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. 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. (Department of Public Health and
Environment)
12. 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)
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 of Public Health 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)
RESOLUTION USR14-0028
STUART BOMBEL, C/O ASPHALT SPECIALTIES
PAGE 7
15. 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)
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 Individual Sewage Disposal 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 private water supply. (Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of Planning Services)
24. 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)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
26. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
27. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey.
(Department of Planning Services-Engineer)
28. Building permits 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)
RESOLUTION USR14-0028
STUART BOMBEL, C/O ASPHALT SPECIALTIES
PAGE 8
29. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 - Every Factory-Built
Nonresidential Structure manufactured after the effective date of these regulations that is manufactured,
sold, or offered for sale in this state must display an insignia issued by the Division of Housing certifying
that the unit is constructed in compliance with the standards adopted in schedule"B"which is incorporated
herein and made a part of these Rules and Regulations by reference, and all other requirements set forth
by this resolution. (Department of Building Inspection)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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,
RESOLUTION USR14-0028
STUART BOMBEL, C/O ASPHALT SPECIALTIES
PAGE 9
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.
►�ltJvTES
(31Slly{
EXHIBIT
added that there is no specific request and recognizes the owner's right along
He believes that through annexation there would be long term benefits for the la,
In response to the Chair's inquiry, Ms. Sandau said that there are not furth, (1.512-- 'k- 00
regarding annexation.
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 COZ14-0004 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 Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion passed (summary: Yes=6, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Nick Berryman.
No: Joyce Smock.
Commissioner Smock stated that given the location of the property, she believes that this site should be
annexed into the City of Greeley.
Commissioner Berryman said that if the site becomes a more intensive operation, he encouraged the
applicants to look at annexation.
Commissioner Maxey concurred with Mr. Berryman's comments.
The Chair called a recess at 3:01 pm and reconvened the hearing at 3:13 pm.
CASE NUMBER: USR14-0028
APPLICANT: STUART BOMBEL, C/O ASPHALT SPECIALTIES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
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 (HEAVY EQUIPMENT AND TRUCK REPAIR
SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND
STAGING), 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: PART OF THE N2SE4 (ALL THAT PART LYING SOUTHEASTERLY OF THE
BULL CANAL) OF SECTION 22, T1N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO THE WEST 1-25 FRONTAGE ROAD;
APPROXIMATELY 1,300 FEET NORTH OF CR 6.
Chris Gathman, Planning Services, presented Case USR14-0028, reading the recommendation and
comments into the record. Mr. Gathman noted that the Town of Erie objects to this request as it does not
comply with their Comprehensive Plan and lack of screening of outdoor vehicle storage yards from
adjacent properties and 1-25. He added that there is a condition of approval that requires a
landscape/screening plan. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik said that there is a geologic fault line that runs through this property.
She added that she spoke to the Colorado Geological Survey and they indicated that they accept the
Geotechnical Hazard Report. Ms. Petrik recommended removing Condition of Approval 1.D.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Rob Laird, Resource Management for Asphalt Specialties, 10100 Dallas Street, Henderson, Colorado,
stated that they currently sublease the site and added that they have subsequently entered into a
purchase agreement. He added that Mr. Gathman explained the site very well and what they propose to
do with the property.
Commissioner Smock asked what the number of acres is on site. Mr. Laird said that the total site is 20
acres however they are utilizing less than half of the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion : Delete Condition of Approval 1 . D, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
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 USR14-0028 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock. Michael Wailes,
Nick Berryman.
CASE NUMBER: USR14-0019
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT. INCLUDING, BUT LIMITED TO, EIGHT (8) COMPRESSORS,
VAPOR RECOVERY UNITS, SEPARATORS, DEHYDRATORS; STORAGE
TANKS, AND ONE (1 ) SEVENTY-FOOT IN HEIGHT COMMUNICATION
TOWER) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3668: PART NW4 SECTION 35, T3N, R67W OF THE
6TH P. M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28; WEST OF AND ADJACENT TO CR
21 .5.
Diana Aungst, Planning Services, presented Case USR14-0019, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1 ) phone call was received with concerns on the
noise from the compressors. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, 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 adding "The applicant shall operate in
accordance with the approved noise abatement plan at all times" to the end of Development Standard 16.
Nathan Keiser, Anadarko Petroleum, 1099 18th Street Suite 1800, Denver, Colorado, stated that they are
proposing a compressor station site along with a 70 foot in height communication tower. He said that
they are trying to design a landscaping plan but they are dealing with a lot of individual utility easements
and pipeline easements across this parcel. He added that they hope to have that design in place prior to
the Board of County Commissioner hearing .
Commissioner Sparrow said that it appears from the road there is screening but it doesn't look there is
much for screening from adjacent properties. Mr. Keiser said that there is a vacant residence to the west
and there is no county road that goes along that western property boundary. He said that they are open
to discussing landscaping to individual properties but it would have to be a private agreement.
Hello