HomeMy WebLinkAbout20141215.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0002
APPLICANT: CIRCLE B LAND COMPANY LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITY(STORAGE AREA FOR OIL
AND GAS PRODUCTION CONTROL UNITS AND OTHER WELL SITE RELATED
EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES AND COMMERCIAL
TRUCKS AND A 13,600 S.F. FIELD OPERATIONS BUILDING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 33.
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 13,600 square-foot field-operations building with an
employee parking area and a storage/parking area for trucks and well-site related equipment.
The hours of operation are proposed to be between 7:00 a.m. and 5:00 p.m. Monday through
Friday. The application materials state that there will be about ten (10) employees.
The Department of Planning Services is requesting a Lighting Plan and an updated
Landscaping/Screening Plan. The Screening Plan shall screen to commercial parking and the
outdoor storage.These two plans along with the Development Standards and the Conditions of
Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
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.A.2. allows for a Site Specific Development Plan and Use By
Special Review Permit for Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities(storage area for oil and gas production control units and other well
site related equipment, parking for employee vehicles, parking for commercial trucks and a
13,600 square foot field operations building) in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible wit EXHIBIT
surrounding land uses.
D
wR -
X04- );)
RESOLUTION USR14-0002
CIRCLE B LAND COMPANY LLC
PAGE 2
The adjacent properties are mainly utilized for pastures, crops, and rural residences. County
Road 33 borders the site on the east and the Greeley#2 Ditch borders the site on the south. The
properties to the north and west are cropland. The closest residence is approximately 250 feet
east of the east property line.
There are six (6) USRs located within one mile of this parcel. USR-292 for a feedlot of 3,700
head of cattle is on the property west of and adjacent to the site. USR-1540 for a rodeo arena
and a public building is approximately one mile north of the site. USR-1397 for landscaping and
tree service business, USR-62 for a horse breeding facility and USR-1074 for an excavating
business are located east of the site. USR-599 for an oil and gas production facility is located
southeast of the site.
Staff has received two letters from a surrounding property owner that object to this USR. These
letters outline the loss of peaceful enjoyment of country living due to 24 hour oil and gas related
traffic,the increase of traffic increasing the safety risk for residents and travelers and the negative
effect on property values. Staff has also talked to another surrounding property owner who stated
similar concerns.
The Department of Planning Services is requesting a Lighting Plan and an updated
Landscaping/Screening Plan. The Screening Plan shall screen to commercial parking and the
outdoor storage.These two plans along with the Development Standards and the Conditions of
Approval 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 located within the three (3) mile referral area of the City of Greeley and the Town of
Eaton. Town of Eaton's referral dated January 31,2014 and the City of Greeley's referral dated
February 6, 2014 indicated no concerns.
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 5.5 acres"Prime(Irrigated)"per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This USR will take 5.5 acres of
Prime(Irrigated)Farmland out of production but the size of the parcel does not allow for farming.
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 USR14-0002
CIRCLE B LAND COMPANY 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 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)
B. The applicant shall submit an updated Landscaping/Screening Plan to the Department of
Planning Services for review and approval. The applicant indicated that the screening of the
outdoor storage area will be a chain link fence with slats. These slats shall be 90% or greater
opacity. The commercial parking area and the employee parking area shall be screened from
adjacent properties and public rights of way. (Department of Planning Services)
C. The applicant shall attempt to address the concerns of the RE-2 School District as stated in the
referral response dated March 20,2014. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0002. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The plat 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 Parking Plan, as shown on the plat. (Department of Planning Services)
6) The approved Landscaping/Screening Plan. (Department of Planning Services)
7) The approved Lighting Plan. (Department of Planning Services)
8) The approved Signage Plan. (Department of Planning Services)
9) County Road 33 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way. An additional 10 feet shall be delineated on the plat as future County Road 33 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)
10) The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
state highways.Show the approved CDOT accesses on the plat and label with access permit
number if applicable. (Department of Public Works)
RESOLUTION USR14-0002
CIRCLE B LAND COMPANY LLC
PAGE 4
11) An off-site Improvements Agreement will be required for this facility. Improvements may
include but are not limited to specified haul routes, damage repairs, intersection upgrades,
and future improvement triggers for turn lanes. Collateral is required to ensure the
improvements are made. (Department of Public Works)
12) A final drainage report, signed and stamped by a professional engineer registered in the
State of Colorado is required. (Department of Public Works)
13) The applicant has received an approved Access Permit,AP13-00227. (Department of Public
Works)
14) The main access drive and office parking will be paved with additional gravel parking in the
rear,with good circulation. (Department of Public Works)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the 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 orArcGIS 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(aco.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 Public Works)
6. Prior to Operation:
A. One month prior to operation a signed copy of the Spill Prevention,Control and Countermeasure
Plan shall be provided to Environmental Health Services Division of the Weld County Department
of Public Health &Environment. (Department of Public Health and Environment)
7. 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 Public Health and Environment)
8. 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. (Department of Planning Services)
RESOLUTION USR14-0002
CIRCLE B LAND COMPANY LLC
PAGE 5
Motion seconded by Benjamin Hansford.
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.
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 April 1, 2014.
Dated the 1st of April, 2014.
Digitally signed by Kristine
45 Ranslem
Date:2014.04.03 13:23:14-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Circle B Land Company, LLC
USR14-0002
1. A Site Specific Development Plan and Use By Special Review Permit for Mineral Resource Development
Facilities including Oil and Gas Support and Service Facilities (storage area for oil and gas production
control units and other well site related equipment, parking for employee vehicles,parking for commercial
trucks and a 13,600 square foot field operations building) 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 7:00 5:00 a.m.through 5:-90 7:00 p.m.Monday through Friday,as stated by the
applicant and from time to time there may be employees accessing the site outside of these hours to pick
up equipment or paperwork. (Department of Planning Services)
5. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
7. The parking on the site shall be maintained in accordance with the approved Parking Plan.(Department of
Planning Services)
8. The screening and landscaping on the site shall be maintained in accordance with the approved
Screening/Landscaping Plan. (Department of Planning Services)
9. The historical flow patterns and runoff amounts shall be maintained on site.(Department of Public Works)
10. The applicant understands that Weld County does not and shall not assume liability for drainage facilities
designed -Public Works)
11. Weld County shall not maintain on site drainage related features. (Department-o€Public Works)
12. 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
Section 15-1-180 of the Weld County Code. (Department of Public Works)
13. 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)
14. 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)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. The facility shall operate in
accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
RESOLUTION USR14-0002
CIRCLE B LAND COMPANY LLC
PAGE 7
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
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
18. 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)
19. 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)
20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
21. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
22. 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)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E),Water Quality Control Division,as applicable.
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services,Public Works,and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR14-0002
CIRCLE B LAND COMPANY LLC
PAGE 8
29. 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.
30. 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.
31. 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,G.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 rn eo
411/14
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 1, 2014
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,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
Absent/Excused: Bret Elliott, Nick Berryman.
Also Present: Diana Aungst, Department of Planning Services; Don Carroll and Janet Lundquist,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the March 18, 2014 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Jordan Jemiola. Motion passed unanimously.
CASE NUMBER: USR14-0002
APPLICANT: CIRCLE B LAND COMPANY LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE
AREA FOR OIL AND GAS PRODUCTION CONTROL UNITS AND OTHER
WELL SITE RELATED EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES
AND COMMERCIAL TRUCKS AND A 13,600 S.F. FIELD OPERATIONS
BUILDING)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 33.
Commissioners Maxey and Smock noted that they visited the site today.
Nick Berryman entered the hearing at 1:34 pm.
Diana Aungst, Planning Services, presented Case USR14-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that 4 letters of opposition were received from surrounding
property owners outlining concerns of increased traffic and traffic safety, loss of peaceful enjoyment of
county living, and negative effects of property values. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. He stated that according to the application, there are 25 employees that will drive
company owned pickups and will be disbursed from the shop and returned to the shop at each shift.
Additionally, there are 10 miscellaneous vehicles of which could be passenger vehicles or delivery trucks.
Based on this information, this site will generate 60 round trips per day. Mr. Carroll added that the
application states that there may be an occasional 18 wheeler on site.
Commissioner Maxey referred to the traffic counts on County Road 33 and the increased traffic proposed
by the applicant and asked if CDOT has any requirements on turn lanes or new bridge over the canal.
Janet Lundquist, Public Works, stated that she has left a message with Gloria Hice-Idler of CDOT;
however she did not receive any comments back. Ms. Lundquist said that although the 60 round trips per
day sound high, they are pickup trucks and not large semi-trucks. She followed up with t •
require turn lanes and deceleration lanes. EXHIBIT
s
B
/ 0/ — a�
Commissioner Maxey asked what the county's position is since County Road 33 is offset from Highway
392 along with the access point from the residence to the east side of the intersection. Ms. Lundquist
said that with the current traffic volumes there has not been a significant safety problem that would trigger
the turn lanes or to correct that slight offset. However, with the increase of traffic they would monitor it
and added that the residential access is a concern. She added that the access is grandfathered but if
there would be a safety problem she would talk with the landowners. Ms. Lundquist said that she doesn't
feel at this time the increased traffic warrants safety improvements.
Commissioner Smock asked what the peak hours are since the application stated the hours are from 7
am to 5 pm. Ms. Lundquist said that in looking at numbers in the area the peak hours show it to be at
7:15 am and 4:45 pm, which would be during the proposed shift hours of the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Stephanie Sigler, Ripley Design, Incorporated, stated that there will be an office and shop facility located
on site with hours of operation from 7 am to 5 pm Monday through Friday. She noted that they received
the staff report that stated staff would like additional landscaping along the gravel lot in the back of the
property and they intend to add the appropriate landscaping.
Ms. Sigler said that they are aware of the surrounding property owner letters and have read them. She
emphasized that they intend to be a good neighbor and added that there will be light duty vehicles on site
and not heavy duty vehicles.
Commissioner Berryman asked why this location was chosen versus a location closer to town.
John Singleton, Bill Barrett Corporation, said that they did look at various locations. He stated that they
looked at industrial property but didn't find anything accommodating. He added that because this is their
corporate office they felt this was centralized for their field of operation. He reiterated that they want to be
good neighbors. This office will hold office administration personnel and lease operators.
Commissioner Hansford asked how many 18 wheelers will be parked on site. Mr. Singleton said that
there will not be any 18 wheelers parked on site. He added that there will be deliveries received from
FedEx and UPS.
Commissioner Smock asked how large the production control units will be stored on site. Mr. Singleton
said that this site will only be used for office and will not be a production facility. The only storage they
may have on site will be tubular. There will be no tanks or separators stored on site. Ms. Smock asked if
anything will be stored in the shop building. Mr. Singleton replied that the shop will be used to service the
lease operator's pickup; however no fluid changes will be performed. Minor maintenance, such as
installing tool boxes, would be performed in the shop building.
Commissioner Maxey said that the confusion is that the application and site plan show a large storage
area and asked what they plan to do with that. Mr. Singleton said that if they have any storage it will be
temporary storage.
In response to Commissioner Maxey's inquiry regarding hours of operation, Mr. Singleton said that he
arrives at the office at 6 am. Mr. Maxey noted that is not within their request and asked if they want to
change their hours of operation. Mr. Singleton mentioned that they would like to change the hours from 5
am to 7 pm.
Ms. Aungst suggested that Development Standard 4 be amended to read "The hours of operation are
5:00 am through 7:00 pm Monday through Friday and from time to time there may be employees
accessing the site outside of these hours to pick up equipment or paperwork".
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Butch Caton, 33138 CR 33, stated that there are other properties better suited for this business. He
added that this property has a very high water table and with a leach field next to an irrigation ditch they
2
are concerned with contamination. Additionally, he is concerned with the width of the intersection,
increase of traffic and water pressure to his property.
Karen Lohmann, 16109 Hwy 392, stated that a proposal of this magnitude should be a rezoning issue
and not a special use permit. She expressed concerns regarding health attributed by dust. Additionally,
she emphasized concerns regarding traffic safety and soil contamination.
Commissioner Berryman asked if there are any mitigating circumstances that might make this application
better. Ms. Lohmann noted the letter she submitted that outlines her requests and concerns. She added
that this intersection cannot handle this increase in traffic.
Chad Sanger, 33421 CR 33, stated that he is building a home north of the proposed site. He is in support
of oil and gas but would like to see this facility in a different location. He is concerned with the traffic and
noted that he has difficulty trying to cross the bridge with a goose neck trailer and 'A ton pickup. He noted
all the surrounding USR's in the area and said that they are agriculturally related; however this site is not.
Additionally, he stated that he is concerned with the hours of operation for the children and livestock. He
emphasized concerns with the traffic on Highway 392 and County Road 33.
Todd Bean, 14339 CR 74, stated that he owned the farm that was sold to Chad Sanger as well as the
proposed Bill Barrett site. He understands and sympathizes with the neighbors concerns. He is
committed to cleaning the farm up. He believes that Bill Barrett will be a good neighbor and added that
he is committed to protecting the neighborhood. He added that the conditions in the staff report have
traffic triggers for safety.
Kenneth Adams, 13640 Hwy 392, stated that he doesn't understand why an office needs to be in an
agriculturally zoned area. He added that the bridge will have to be changed to accommodate the traffic.
John Johnson, 34534 CR 33, stated that he lives 1.5 miles north of the intersection. He is not against oil
and gas but is strongly opposed to this request. He said that this intersection cannot handle this increase
in traffic. He said that all the trucks that deliver feed to him try to avoid that intersection because it is not
safe.
Lyn Spooner 16229 Hwy 392, stated that she lives 0.25 miles away from the proposed site. They have
had issues with school bus stops on Highway 392. She added that right now her children drive to school
and said that it is impossible to get out of their driveway with the amount of traffic on Highway 392. She
said that there is a high water table and is concerned with possible contamination.
Frank Tenorio, 16109 Hwy 392, stated that he agrees with the opposition so far. He added that his
property values will decrease and it is not fair while this proposed site profits.
Gene Oblander, 34645 CR 31, stated that he lives 1 mile away. He said that he is not happy with the oil
and gas companies. He said that this site is not compatible with the surrounding uses and is concerned
with the amount of traffic.
Dale Trowbridge stated that he represents the Greeley No. 2 Canal and from their perspective the
applicants have met their requirements which were to have a 75 foot right-of-way. He added that he is
here to answer any questions the Planning Commission might have.
Kevin Spooner, 16229 Hwy 392, stated that he didn't know about this request and said that more people
might be involved if they knew. He said that the traffic on Highway 392 has skyrocketed and has become
a serious issue.
Ms.Aungst stated that anyone within 500 feet of the property are notified of any requests.
Linda Adams McKee stated that they have owned their farm for 50 years. She said that this is not an
agricultural business and should not be located here.
The Chair called a recess at 3:27 pm and reconvened the hearing at 3:36 pm.
3
The Chair announced that the Planning Commission is an advisory board. He added that the Board of
County Commissioner hearing for this case is to be held on April 16m at 10:00 am.
Ms. Aungst provided a copy of the referral from CDOT to the Planning Commission. In summary, she
noted that the small amount of traffic does not trigger the threshold and therefore the permittee does not
need to make any improvements. Additionally, since there is no direct access to the highway CDOT has
no comment.
The Chair stated that Weld County has no jurisdiction over the highway and encouraged the landowners
to contact their State Legislators.
Ms. Sigler said that when they found out that there was neighborhood opposition they did try reaching out
in a number of ways. She added that she did make a phone call to Mr. Caton; however she hasn't
received a phone call back from him. Additionally, they passed out flyers to the neighbors inviting them to
a neighborhood meeting; however no landowner attended the meeting.
Ms. Sigler referred to the question of why this location and said that this location is centrally located to
where these operators need to go out into the field. The amount of traffic will not be increased but simply
distributed to a specific location. She added that with the impact fees that they will be required to pay
they hope that will help with the maintenance of the road.
Ms. Sigler said that the site is 5.5 acres and fits quite nicely with the surrounding acreages. It is
anticipated that 95% of those employees will be on site during the normal hours of operations of 7 am to 5
pm.
She added that the shop area is an area to add a tool box to their truck out of the rain. There is no drain
in the floor and there will be no fluids or chemicals stored on site for maintenance.
Ms. Sigler said that at this time they do not plan to have a storage yard. She said that they do not
anticipate any large items for storage. The storage idea was just something that might accommodate any
little storage in the future. Based on the size of the parcel and surrounding community they do feel that it
is compatible with the surrounding land use.
Commissioner Maxey asked them to talk about the screening on site and how they justify the chain link
fence with slates. Ms. Sigler said that it was probably an economic decision and added that the wind can
go through the slates easier than a cedar fence. Mr. Maxey said that he has to agree with one of the
concerns that the chain link is not aesthetically pleasing with the nice architectural building that is
proposed.
The Chair asked Ms. Aungst to repeat the suggested change to Development Standard 4. She stated
that it would read "The hours of operation are 5:00 am through 7:00 pm Monday through Friday and from
time to time there may be employees accessing the site outside of these hours to pick up equipment or
paperwork."
Motion: Amend Development Standard 4 as stated by staff, Motion by Benjamin Hansford, Seconded
by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary:Yes=8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Mr. Carroll requested to have Development Standards 10 and 11 removed.
Motion: Delete Development Standards 10 and 11, Motion by Nick Berryman, Seconded by Benjamin
Hansford. 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.
4
Commissioner Sparrow said that the major objection is that it is a commercial site but believes that if it
was only an office building it would be acceptable. He encouraged the applicants to think about
eliminating the storage area and any truck traffic as there might not be much objection to it.
Commissioner Wailes concurred and urged them to be very clear on what the operations are going to be
on site. He added that according to the Weld County Code, oil and gas is included in the agricultural
definition.
Commission Jemiola agreed with Commissioner Wailes that oil and gas is part of the agricultural auxiliary
business. He added that he also agrees with Commissioner Maxey that the chain link with slats probably
gives it a different look than just the rendering of the building.
Commissioner Maxey echoed the comments from Mr. Sparrow. He added that that the proposed building
is a very nice rendering and he has already made his comments with the landscaping. Mr. Maxey said
that he doesn't agree with CDOT's response as he believes 60 additional vehicles with the already busy
intersection and the ditch and offset of County Road 33 is a safety concern.
Commissioner Berryman said that this is unique but that it can be compatible with the area. It is a difficult
intersection to get traffic in and off of the Highway.
Benjamin Hansford said that these two uses can co-exist without a lot of aggravation.
Commissioner Smock said that there are some definite unknowns and some speculation. She said that it
is an awfully large office area and should perhaps be located in a commercial area. Ms. Smock felt that
we are taking another piece of Weld County out of agricultural production. She believes the building
looks very nice but isn't sure about the commercial part located in the country.
Commissioner Lawley said that CDOT should be involved but unfortunately Weld County's hands are
tied. He encouraged the landowners to contact their State Legislatures. He also strongly encouraged the
applicants to address the screening and the storage issues prior to the Board of County Commissioner
hearing.
Motion : Forward Case USR14-0002 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 = 2, Abstain = 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman.
No: Jason Maxey, Joyce Smock.
Commissioner Smock stated that this use is more of a commercial use and should be located somewhere
else.
Commissioner Jemiola stated that he believes that you have the right to develop your property and that
this is compatible with the area.
Commissioner Maxey cited Section 23-2-220.A.3 regarding compatibility. He added that he has concerns
with the landscaping and the large storage area. If for any reason this site would be sold to another
owner, they might utilize the large storage area and become a problem in the future. Additionally, he
cited Section 23-2-220.A.7 regarding Health, Safety and Welfare based on the traffic at that intersection.
Meeting adjourned at 4:01 pm.
Respectfully submitted,
45\1:69-
Digitally signed by Kristine Ranslem
stint-2 liii1066,11"L Date: 2014.04.03 13:21 :10 -06'00'
Kristine Ranslem
Secretary
5
Hello