HomeMy WebLinkAbout20140055.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION $
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI ��' rfi 0
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: USR13-0050
APPLICANT: XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A
USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(DROP/STAGING YARD FOR TANKS, PUMPS, HOSE/PIPE AND TRUCKS,
MAINTENANCE OF EQUIPMENT AND HYDRO-TESTING PUMPS/TANKS),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED
PRIOR TO THE ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SUB EXEMPT SE-1027 BEING PART OF NW4 SECTION 30,T6N, R65W; LOTS
A, B AND D OF CORR RE-3860 BEING PART OF N2 SECTION 30,T6N, R65W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO "M" STREET (CR 66); AND EAST OF AND
ADJACENT TO CR 37.
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 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
Section 22-2-80 (.Policy 6.1. States:"Consider the compatibility with surrounding land uses
and natural site features."
(.Policy 6.2.States:"Support the use of visual and sound barrier landscaping to screen open
storage areas from residential uses or public roads."
A number of conditions of approval and development standards have been attached to
address compatibility with the surrounding area. The Department of Planning Services is
requiring a screening plan and lighting plan to address compatibility with the adjacent school
facility to the west and residences to the north along with noise limits that are attached as a
development standard.
B. Section 23-2-220.A.2—The proposed use is consistent with the intent of the A(Agricultural)Zone
District. Section 23-3-40.S of the Weld County Code allows for Uses Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial
a10/4L 0055
RESOLUTION USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 2
Zone Districts(Drop/Staging Yard for Tanks, Pumps,Hose/Pipe and Trucks,Maintenance of
Equipment and Hydro-Testing Pumps/Tanks), provided that the Property is not a Lot in an
Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the
Adoption of any Regulations Controlling Subdivisions in the as a Use by Special Review for in
the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located approximately 500 feet west of an existing
church/school facility(approved under case#USR-1492 in 2005)and located approximately
750 feet and 1,700 feet from the nearest residences to the north and east of the site.
Agricultural land is located to the south and east of the site.Two letters of concern/opposition
were received from surrounding property owners in regards to this application. Both letters
expressed traffic, safety, noise and compatibility concerns with the proposed use.
A number of conditions of approval and development standards have been attached to
address compatibility with the surrounding area.Section 23-3-50.F states"Landscape criteria
may be based upon compatibility with existing adjacent lots and land uses."The Department
of Planning Services is requiring a screening plan and lighting plan to address compatibility
with the adjacent school facility to the west and residences to the north along with noise limits
(proposed by the Weld County Department of Environmental Health) are attached as a
development standard.
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.This site is located within the 3-mile referral area for the City of Greeley.The
City of Greeley provided a referral response dated November 4,2013.The referral response
outlined landscaping recommendations, an advisory regarding the potential of future road
improvements and right-of-way requirements in regards to a pending (conceptual)
development to the south of the site(the Grainery)and is requesting additional information on
water use on the site.Sewer service to the site is provided by the City of Greeley and water is
provided by the North Weld County Water District through an executed water service
agreement between the City of Greeley and North Weld County Water District.
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 Program.
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 site is identified as
"Prime"according to the Important Farmlands Map of Weld and Larimer Counties. Existing
building and structures are located on Lot A. The proposed USR site is covered by existing
buildings and access/parking improvements.
G. Section 23-2-220.A.7—There are adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.The proposed development
standards and conditions of approval will provide adequate provisions for the protection of the
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.
RESOLUTION USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 3
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 requirements of the City of Greeley as stated in
their referral response received 11/4/2013. Written evidence of such shall be provided to
the Department of Planning Services. (City of Greeley)
B. The applicant shall submit a plat partially vacating the boundaries of 3`d AMUSR-764 from
the+/-25 acre area designated for USR13-0050. The partial vacation of 3`d AMUSR-764
shall be approved/accepted by the Board of County Commissioners prior to submitting the
USR13-0050 plat for recording. (Department of Planning Services)
C. The applicant shall submit a Lighting Plan(if onsite lighting is proposed)to the Department of
Planning Services, for review and approval. (Department of Planning Services)
D. The applicant shall submit a Screening Plan (to address outdoor storage areas not already
screened by existing buildings and trees from properties located to the north and west of the
site) to the Department of Planning Services, for review and approval. (Department of
Planning Services)
E. The Recorded Exemption RECX13-0118 plat shall be submitted for recording.
F. The applicant shall submit a signage plan to the Department of Planning Services,for review
and approval. (Department of Planning Services)
G. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0050. (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)
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 plat shall delineate the approved Screening Plan. (Department of Planning
Services)
6. The plat shall delineate the approved Lighting Plan (if applicable). (Department of
Planning Services)
7. The plat shall delineate the approved Signage Plan. (Department of Planning
Services)
8. County Road 66,aka AA Street,is an arterial collector road,which requires a 44980-
foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road
is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning(23-1-90),the required setback is measured from the future right-of-
way line.The applicant shall delineate or dedicate an additional 4010-foot of right-of-
way parallel to the CR 66 right-of-way for full build-out. This road is maintained by
Weld County. (Department of Public Works)
RESOLUTION USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 4
9. Show the approved access on the plat and label it with the approved access permit
number(API 3-00380). (Department of Public Works)
10. Reference on the plat the improvements at Hwy 85 as outlined in the US85 Access
Control Plan 1-76 to County Road 80,December 1999.(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 or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps( co.weld.co.us. (Department of Planning Services)
5. 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)
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.
RESOLUTION USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 5
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 December 17, 2013.
Dated the 17th of December, 2013.
Digitally signed by Kristine
Ranslem
Date:2013.12.20 15:48:04-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rain for Rent
USR13-0050
1. A Site Specific Development Plan and Use by Special Review USR13-0050,for a Use Permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-
Testing Pumps/Tanks), Provided that the Property is not a Lot in an Approved or Recorded Subdivision
Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions
in the A(Agricultural)Zone District. (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 operation shall comply with all applicable rules and regulations of local, state and federal agencies
and the Weld County Code. (Department of Planning Services)
4. The hours of operation(picking up and dropping off of vehicles and equipment)are 5:00 a.m.—8:00 p.m.
Monday—Sunday, as stated by the applicant(s). (Department of Planning Services)
5. 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)
6. 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, as amended. (Department of Public Health and Environment)
7. 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)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. 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)
10. 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)
11. 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)
12. 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)
13. The facility shall utilize the existing municipal sewage treatment system(City of Greeley). (Department of
Public Health and Environment)
14. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment)
15.-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 USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 7
16. 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)
17. 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)
18. The screening/landscaping on the site shall be maintained in accordance with the approved Screening
Plan. (Department of Planning Services)
19. The signage on the site shall be maintained in accordance with the approved Signage Plan.(Department
of Planning Services)
20. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
21. 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)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
25. Building and electrical permits maybe required for any new construction, alteration, or addition to any
building on the property per Section 29-3-10 of the Weld County Code.Currently the following codes have
been adopted by Weld County:2012 International Codes;2006 International Energy Code;2011 National
Electrical Code. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
RESOLUTION USR13-0050
XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PAGE 8
30. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks,including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety,but also
for the protection of the farmer's livelihood.
PC ITh'nOCD
i - 17-13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 17, 2013
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, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Mark Lawley, Michael Wailes, Nick Berryman.
Also Present: Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll,
Department of Public Works; Mary Evett, Department of Health; Brad Yatabe and Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 3, 2013 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0050
APPLICANT: XARIOS LLC, MONFORT OF COLORADO,AND GREELEY LAND FUND
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DROP/STAGING YARD FOR TANKS, PUMPS, HOSE/PIPE AND
TRUCKS, MAINTENANCE OF EQUIPMENT AND HYDRO-TESTING
PUMPS/TANKS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO THE ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUB EXEMPT SE-1027 BEING PART OF NW4 SECTION 30, T6N, R65W;
LOTS A, B AND D OF CORR RE-3860 BEING PART OF N2 SECTION 30,T6N,
R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO "AA" STREET (CR 66); AND EAST OF AND
ADJACENT TO CR 37.
Commissioner Maxey noted that he did visit the site today. Commissioner Smock also visited the site and
submitted a field check to staff. Commissioner Sparrow stated that he drove by the site as well.
Chris Gathman, Planning Services, presented Case USR13-0050, reading the recommendation and
comments into the record. Two letters of opposition were received from surrounding property owners
concerning traffic, safety, noise and compatibility. The applicants did meet with one of the concerned
surrounding property owners and as a result the applicants have indicated that they will pursue a
separate access at the east end of the site rather than sharing the existing access point with the
church/school facility to the west. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Maxey asked to clarify what lots are involved. Mr. Gathman said that the applicants are
adjusting the boundaries of multiple parcels so that is why we have to include the entire parcel in the
description. Upon completion of the pending Recorded Exemption and recording of the plat, this legal
description will match the USR boundaries.
Don Carroll, Public Works, reported on the existing traffic, access, haul route, and drainage conditions
and the requirements on site. If the access point does change, staff would like to review the proposed
access and follow up with the applicant. Mr. Carroll recommended amending Condition of Approval
1.G.8 by labeling County Road 66 as a collector roadway.
EXHIBIT
6
1 - 050'
a 'i4-ax55
Motion: Amend Condition of Approval 1.G.8 to replace "arterial"to"collector" as stated by staff; Motion
by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Evett recommended deleting Development Standard 15
as it is a duplicate of Development Standard 10.
Motion: Delete Development Standard 15 as recommended by Staff; Motion by Jason Maxey,
Seconded by Nick Berryman. Motion carried unanimously.
Tim McKenna stated that he manages the property. They purchased the property from Swift in 2005. He
added that they have a contract to purchase the grain elevator property; however it is currently in a lease
and they cannot purchase it until that lease is terminated. Mr. McKenna stated that some of the property
will need to be annexed into the City of Greeley since they are connecting to the City water and sanitary
sewer system.
Mr. McKenna noted that there is a fire hydrant on the North Weld County Water District property that is
currently being used as a water depot. Along with traffic to the church and school and after talking with
the surrounding property owner they have worked with Rain for Rent to give them a 60 foot easement on
the eastern side of the property for an access point. Therefore they are proposing the access on the east
side of the property.
Commissioner Berryman asked for timeline on development of the remainder of the property. Mr.
McKenna said that they own three-quarters of the section and 102 acres that borders O Street was
annexed into the City of Greeley. He added that 75 of the 100 acres is zoned medium industrial and the
remaining 25 acres is zoned commercial. Additionally, they plan to have a residential component on the
remaining land in the future.
Commissioner Sparrow asked how much of the land is irrigated. Mr. McKenna replied that all of the land
is irrigated and farmed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Matt Wikum stated that he lives just north of grain elevators on 32 acres. Mr. Wikum expressed concern
on the amount of truck traffic that AA Street is currently handling and added that the truck traffic from the
water depot is non-stop. He added that they spoke with the applicants about the truck traffic and are just
not convinced yet that the amount of trucks they are proposing will be final. Additionally, they are
concerned with the aesthetics surrounding their farmland and the sound and traffic. He commented that
moving the access to the eastern edge of the property might help.
Commissioner Maxey said that the proposed traffic is routed west of the facility and asked if keeping the
one access rather than two accesses would help. Mr. Wikum said that he would hope that the water
depot doesn't get approved so that it will only be the Rain for Rent Trucks on the east side of the
property. Additionally, he believes that separating the entrances is the right thing to do so that it
separates the church and business traffic.
Lynn Laramore stated that she lives across the road and added that they purchased property in 2008.
She expressed concern on noise, traffic safety and future growth.
Mr. Carroll explained that an arterial roadway carries more traffic similar to County Road 49 or County
Road 74. A collector roadway is paved and carries less traffic. The traffic count for a collector road is
700 where an arterial road is in the 1000's. Commissioner Wailes asked if the roads are checked often.
Mr. Carroll said that they do traffic counts every 5 years.
Commissioner Berryman asked if there are any improvements planned at the intersection of County Road
37 and AA Street. Mr. Carroll said that at this time there are no planned improvements. He is familiar
with the intersection and if the traffic numbers are very high they will require some improvements at that
intersection.
2
Commissioner Wailes asked if there is any historical traffic data since JBS used this as their center of
transportation. Mr. Carroll said in 2008 the count was 781 vehicles per day, in 2011 there was 635
vehicles, in 2012 there was 998 vehicles and the most recent count was taken October 2013 with 774
vehicles per day.
Mr. McKenna stated that the water depot site was originally dedicated to North Weld County Water
District as they were going to build a water tower to provide water suppression. He indicated that they
have talked with North Weld County Water District and they indicated that they will move the water depot
to the east side of Highway 85. However, he added that he doesn't know when that will happen.
Mr. McKenna said that when JBS was in full operation there were 1300 to 1400 head of cattle and they
would feed up to 300 people in an on-site cafeteria along with all of the truck operation. He said that Rain
For Rent is proposing traffic to be significantly less than what JBS operated at.
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 USR13-0050 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 Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Michael Wailes, Nick Berryman.
Commissioner Wailes commented that he doesn't see the amount of traffic the applicant is proposing is
intense and feels that this project is a good use of the land.
Commissioner Maxey said that the applicants have presented a good plan but he is concerned about the
truck traffic.
Commissioner Lawley concurred with Commissioner Maxey.
CASE NUMBER: ORDINANCE 2013-15
PRESENTED BY: TOM PARKO
REQUEST: WELD COUNTY CODE ORDINANCE #2013-11 , IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE.
The Chair called a recess at 2:48 pm to allow staff to transition to the next case. The Chair reconvened
the hearing at 2:55 pm.
Tom Parko, Planning Services, presented Ordinance 2013-15. Before continuing with the proposed
changes for the oil and gas facilities, Mr. Parko stated that the remainder of the proposed code changes
are to clean up the code to direct individuals to the correct sections of the Weld County Code.
Mr. Parko said that a lot of the oil and gas industry has changed from vertical to horizontal wells and
consolidating their pads. He added that we are trying to be proactive to mitigate traffic, noise and other
concerns with these large pad sites. Mr. Parko provided a brief outline of how the Site Plan process will
work and that it will depend on the number of tanks located on site, if the oil and gas company has a Long
Range Development Plan, etc.
A meeting was held on December 13, 2013 with 40 oil and gas company representatives present. Mr.
Parko said that staff explained the process and had some positive feedback from the oil and gas industry.
Commissioner Jemiola asked if someone driving by would notice the difference from 12 to 20 tanks. Bob
Choate, County Attorney, said that a 12 tank site is compared to 2 large hay bales.
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