HomeMy WebLinkAbout20140942.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI
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: USR13-0056
APPLICANT: DURAN ENTERPRISES LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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,(DURAN EXCAVATING COMPANY HEADQUARTERS,EQUIPMENT
STORAGE YARD AND COMMERCIAL MINI STORAGE)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(AGRICULTURE)
ZONE DISTRICT
LEGAL DESCRIPTION: NE4NW4 SECTION 33, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 64; EAST OF AND ADJACENT TO 71ST
AVE.
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 23-2-220.A.1. A.Policy 7.1. states "County land use regulations should support
commercial and industrial uses that are directly related to,or dependent upon,agriculture,to
locate within the agricultural areas,when the impact to surrounding properties is minimal,or
can be mitigated, and where adequate services are currently available or reasonably
obtainable."
The excavating service facility, vehicle parking, mini storage and office buildings proposed
on site are of a similar use to the Loveland Industries Company,Zateca Foods,Inc.Colorado
Bean Inc.,for example, commercial and industrial land uses adjacent to the east and is also
similar to the Aggregate Industries Mine to the southwest of this proposed use.
Further, Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur
between commercial uses and surrounding properties."
The commercial vehicle parking area, the asphalt and concrete stockpile areas and the
crushing operations are located south of County Road 64 and down the hill from County
Road 64.The Department of Planning Services is requesting a Screening Plan for the facility
addressing the outside storage component from public rights of way and adjacent properties
and also a Lighting Plan for the site. Lands surrounding this facility are industrial to the East,
residential and agricultural to the North and South and irrigated farmland to the West,with oil
and gas encumbrances visible in each direction
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 states"Any use permitted as a Use by Right, an accessory
use, or a Use by Special Review in the commercial or industrial zone districts, 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. . . ."The proposed use
is for the offices of Duran Excavating Company, Company vehicle and equipment parking
and storage, a commercial mini storage facility with screened outdoor Recreational Vehicle
parking.
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 2
C. Section 23-2-220A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The City of Greeley has annexed lands adjacent to the west with
existing commercial and industrial companies manufacturing and processing raw materials
into a final product. The Great Western Railroad mainline and rail sidings are adjacent to the
several of the properties and is utilized for transport of material in and finished product out.
To the north is the nearest residence approximately 400 feet from the Duran Excavating
Office building and approximately 630 feet to the mini storage units.To the West of the site is
a 40 acre tract of agriculture ground,and to the south are lands within the Cache La Poudre
Floodplain,including pasturelands and riparian corridor. To the southwest,the land is being
mined by Aggregate Industries.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley in their referral comments, dated December 31, 2013 indicated that they have
several topics for concerns. The City requests the applicant consider screening the trash
receptacle, screening new rooftop mechanical equipment, shield the exterior lighting, and
pave the internal access point, drives, aisles and parking areas. Further, materials stored
outside should not be allowed to deteriorate thereby creating a nuisance condition. Further,it
is strongly suggested that a screening plan consisting of substantial landscape plant
materials,including evergreen,deciduous,ornamental trees,bushes and shrubs be utilized,
including the placement of earth berms and fencing treatments be provided along the north,
west,east and south property line to mitigate the additional comments centered on water and
sewer including recorded easements for utilities. Streets were discussed including future
right-of-way for both County Road 29 and County Road 64, vehicle access, intersection
spacing and traffic movements. Concerns were also raised about the site drainage,
emergency spillway located on the south property line,and detention pond for the proposed
facility and site.
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 facility is located on approximately 40 acres with the upper terrace being Prime
(Irrigated)and the slope to the south property line being Irrigated Land, (Not Prime) per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. Historically the
property was the Lowell Paul Dairy having improvements on the upper terrace and pens and
pasture on the land sloping to the south.
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.
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 3
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 applicant shall attempt to address the City of Greeley's referral comments dated December
31, 2013. Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment,if applicable.Alternately,the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of acceptance shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Environmental Health)
C. The existing septic system (Permit No.G19940564) must be abandoned in accordance with
Section 30-7-70 of the Weld County Code pertaining to individual sewage disposal systems.
(Department of Environmental Health)
D. 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)
E. The applicant shall submit a Landscaping/Screening Plan specific for the Recreation Vehicle
parking/storage component 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)
F. 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)
G. An Improvements Agreement and road maintenance agreement is required for this site.Road
maintenance including dust control, damage repair, and triggers for improvements will be
included.This document is required for this site. Road maintenance including damage repair,
and triggers for improvement will be included. (Business plus future 300 mini-storage unit
access onto CR 64-O Street) (Department of Public Works)
H. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered
in the State of Colorado is required. (Department of Public Works)
I. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0056 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 4
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 approved Landscape/Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. County Road 64 is designated on the City of Greeley Road Classification Plan as a major
arterial road,which requires 150 feet of right-of-way at full buildout. There is presently 60
feet of right-of-way.An additional 40 feet shall be delineated on the plat as future County
Road 29 right-of-way. All setbacks shall be measured from the edge of future right-of-
way. The applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (City of Greeley)
10. County Road 29 is designated on the Weld County Road Classification Plan as an
arterial road,which requires 140 feet of right-of-way at full build out.There is presently 60
feet of right-of-way.An additional 40 feet shall be delineated on the plat as future County
Road 29 right-of-way.All setbacks shall be measured from the edge of future right-of-
way. The applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
11. Show the approved access on the plat and label it with the approved access permit
number(AP13-00422). Show at both locations:CR 64(O St.)and CR 29(71St Ave.). An
access permit number will be looked at for the proposed future mini storage units at time
of Building Permits. (Department of Public Works)
12. Show and label the floodplain and floodway(if applicable)boundaries on the plat. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services)
2. Prior to Release of Building Permits:
A. A Weld County Septic Permit is required for the proposed facility septic system(s). The septic
system is required to be designed by a Colorado Registered Professional Engineer and the
septic permit must be approved by the Weld County Board of Health according to the Weld
County Individual Sewage Disposal Regulations
3. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)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)
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 5
4. 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)
5. 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
mapsaco.weld.co.us. (Department of Planning Services)
6. 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 Public Works)
B. A Right of way permit is required for any work within the public right of way.(Department of Public
Works)
C. A Special transport permit is required for any over size or over weight vehicles. (Department of
Public Works)
7. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
8. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Building Inspection)
9. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property,until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
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.
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 6
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 February 18, 2014.
Dated the 18th of February, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.02.21 15:05:53-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Duran Excavating Company
USR13-0056
1. A Site Specific Development Plan and 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, 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. (Duran Excavating Company Headquarters,
Equipment Storage Yard, Commercial Mini Storage with outdoor Recreational Vehicle Parking) in the A
(Agriculture)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 7:00 a.m. —6:00 p.m. Monday — Saturday, 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/screeingn 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. 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.
14. 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
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 8
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
17. 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)
18. The facility shall utilize the existing public water supply(North Weld County Water District).(Department of
Public Health and Environment)
19. The applicant shall remove, handle,and stockpile overburden,soil,sand and gravel from the facility area
in a manner that will prevent nuisance conditions. (Department of Public Health and Environment)
20. 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)
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. 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 Public Works)
24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
26. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
27. Flood hazard development permits are required for development activities located within the FEMA
mapped South Platte Floodplain per the Corps of Engineers Study. The FEMA definition of development
is any man-made change to improved or unimproved real estate, including by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Planning Services)
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified. . (Department of Planning Services)
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 9
29. Building permits may be required, per Section 29-3-10 of the Weld County Code, for any new
construction, alteration, or addition to any buildings,structures and utilities on the property. If required a
code analysis will be done by a design professional.A building permit application must be completed and
two complete sets of engineered plans including engineered foundation 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 a open hole inspection.
(Department of Building Inspection)
30. The structures proposed to have changes uses will be required, per Section 29-3-10 of the Weld County
Code,commercial building permit for change of use.A code analysis,floor plan and complete set of plans
for any alteration and a structural analysis by a professional engineer will be required. (Department of
Building Inspection)
31. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application.Currently the following has been adopted by Weld County:2012 International Building
Code;2012 International Mechanical Code;2012 International Plumbing Code:;2012 International Fuel
Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
32. Plans will be submitted to the Western Hills Fire District for review and comments.A final approval from
Fire District prior to issue of Certificate of Occupancy. (Department of Building Inspection)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. 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
RESOLUTION USR13-0056
DURAN ENTERPRISES LLC
PAGE 10
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 rninudaa
Motion: Delete Development Standard 12, Motion by Benjamin Hansford, Seconded by Bruce Sparrow.
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 USR13-0062 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 Bruce Sparrow.
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: USR13-0056
APPLICANT: DURAN ENTERPRISES LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (DURAN EXCAVATING COMPANY HEADQUARTERS,
EQUIPMENT STORAGE YARD AND COMMERCIAL MINI STORAGE)
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(AGRICULTURE)ZONE DISTRICT
LEGAL DESCRIPTION: NE4NW4 SECTION 33, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 64; EAST OF AND ADJACENT TO 71ST
AVE.
Kim Ogle, Planning Services, presented Case USR13-0056, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioners Wailes and Smock noted that they did a site visit on the property.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Ellie Duran, Duran Excavating, stated that he has been in business for 34 years. They have been located
at 418 North 9`h Avenue in Greeley since 1985 and have outgrown that location. Therefore they are
proposing to relocate their operation to this proposed site. The mini storage will be separate from the dirt
work operation that they will have and will be located on the eastern portion of the site.
Commissioner Smock inquired what kind of landscaping they are proposing. Mr. Duran said that they do
not have a landscape design at this time but intend to place a berm, sod, and trees on site.
Commissioner Sparrow asked if he was concerned that the surrounding property owners might be
opposed to the noises from the crushing operation. Mr. Duran said that the crushing is not loud and
added that he intends to have hay bales surrounding the crushing operation to mitigate any noise. He
added that the crushing may happen 3 to 4 times per year for approximately 2 weeks long.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
U
a
4 ' pi
91 )/ oq //
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 USR13-0056 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 Nick Berryman.
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: USR13-0034
APPLICANT KERR MCGEE GATHERING
PLANNER: KIM OGLE
REQUEST: VACATE USR13-0034
LEGAL DESCRIPTION: THE PREFERRED PIPELINE COMMENCES IN THE SW4 OF SECTION 15,
T3N, R67W CROSSING SECTIONS 22; 27. AND 34 AND THEN ENTERS
SECTION 3, T2N , R67W CROSSING SECTIONS 10 AND 11 AND THEN
TERMINATES AT THE VOLLMAR COMPRESSOR SITE [USR13-0028] IN
SECTION 14. T2N, R67W OF THE 6TH P.M. . WELD COUNTY, COLORADO.
LOCATION: GENERALLY LOCATED EAST OF CR 19: WEST OF CR 23: APPROXIMATLEY
0.75 MILES NORTH OF CR 20, APPROXIMATLEY 0.4 MILES SOUTH OF CR
32.5
Kim Ogle, Planning Services, presented Case USR13-0034, reading the request to vacate this land use
permit.
Commissioner Maxey asked if this pipeline could become a high pressure pipeline in the future. Mr. Ogle
replied that it could become a high pressure pipeline in the future if the applicant wishes. Mr. Maxey
asked if it hurts anything to leave it if it does ever become a high pressure pipeline. Mr. Ogle said he
asked the same question to the applicant and the response was that their business plan did not require it
to be a high pressure pipeline and requested for it to be released. He added that staff is in support of this
request.
The Planning Commission expressed concern regarding this request without having the availability to talk
with the applicants.
Motion : Vacate USR13-0034, Moved by Benjamin Hansford, Seconded by Bruce Sparrow.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes : Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Michael Wailes, Nick Berryman.
No: Jason Maxey, Joyce Smock.
Commissioner Smock said that there are a lot of unanswered questions with this vacation. She
recommended that if there are any requests of vacation in the future that the applicant should be here.
Commissioner Maxey concurred with Commissioner Smock.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Elizabeth
Relford, Public Works, wanted to let the Planning Commission know that they may be seeing a Functional
Classification Map at a future hearing. She explained that since the approval comes from the Board of
County Commissioners it typically goes straight to them; however because the Planning Commission
reviews land use cases it might be good for them to see it.
Commissioner Berryman asked what the status is for the alignment of County Road 49. Ms. Relford said
that it has been pushed behind one year and they anticipate construction to start this fall with completion
at the end of 2015.
Meeting adjourned at 4:29 pm.
8
Hello