HomeMy WebLinkAbout20140067.tiff HEARING CERTIFICATION
DOCKET NO. 2013-92
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0050, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
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 PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT-XAIROS, LLC, AND MONFORT OF COLORADO, INC.
A public hearing was conducted on January 8, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
IE I hereby certify that pursuant to a notice dated November 27, 2013, and duly published
December 2, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Xairos, LLC, and Monfort of Colorado, Inc., for a Site Specific Development Plan and
Use by Special Review Permit, USR13-0050, for a use permitted as a Use by Right, Accessory
Use, or 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. This will be a drop station yard, maintenance of equipment and hydro-testing
of pumps will occur on the site. This is in the boundaries of old USRs associated with the
former Monfort headquarters. The site is 600 feet west of an existing church/school facility and
there are residences to the north and east. The applicants have applied for an amended
recorded exemption/lot line adjustment. The site of operations will be located on Lot B, with the
boundaries adjusted to the east, approximately 25 acres. Staff received two letters of concern
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from surrounding property owners regarding safety, traffic, noise, and compatibility. The
Department of Planning Services is requesting a Screening Plan, a Lighting Plan, as well as
noise limits. The storage area is fairly well screened by existing buildings and mature trees.
The applicants have met with neighbors and determined as a result that they would pursue an
access permit for the east of the site, rather than sharing an access with the church. A summary
of that meeting has been provided. The City of Greeley's referral response outlined landscape
recommendations, referred to right-of-way improvements, and requested additional information
regarding water usage. Mr. Gathman presented pictures of the site. In response to
Commissioner Kirkmeyer, Mr. Gathman said these are all recorded exemption lots, and the
remaining lots are not being utilized at this time. He noted the existing near-by water depot was
a subdivision exemption for a public utility, and that will be vacated.
ID Mr. Yatabe noted the correct spelling of Xairos as reflected on the deed. Mr. Gathman
explained the Greeley Land Fund, was a party to the application, but will not be the final
property owner; however, Rain for Rent is not yet the owner of the lot, but will be once the
boundary adjustments are completed.
El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He explained the access will be onto CR 66, a collector road, and said
a 90-foot reserve for a future right-of-way was requested by the City of Greeley, because there
may be a future alignment all the way down to the south of the full property to O Street (beside
the Health Department). He noted the applicant's proposed access point is not yet approved,
and staff recommends use of the already existing access point. In response to Commissioner
Rademacher, Mr. Carroll confirmed that the Planning Commission was presented with the
existing shared access to the west. There will be up to 55 round trips per day, with 10 semi-
trucks, and eight to ten F-series pick-up trucks. He noted there is an existing drainage feature.
The department, CDOT, and the applicants met to agree upon the haul route, which he
described. He mentioned that U.S. Highway 85 and AA Street are identified on the HWY 85
Access Control Plan, as a minimum priority un-signalized intersection. Commissioner Kirkmeyer
noted the access which Greeley wants to turn into 17th Street will eventually be a major route
and there are a lot of accesses on this map, so she requested clarification. Mr. Carroll said that
there will be one access on the east side to CR 66, and that road has a high traffic count (774
ADT). It was confirmed that the school/church is aware that their access will eventually be onto
17th Street. He said the new access has been proposed because the neighbors to the north
were concerned about turning radius and light pollution.
IR Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. There will be maintenance of vehicles on-site, and there are provisions for disposal
of hazardous liquids and solids.
e Tim McKenna, Property Manager for Greeley Land Fund, LLC, represented the applicant
and stated Xairos is a wholly owned subsidiary. He explained the lots and their current and
potential future ownership. He showed the property along O Street annexed into the City of
Greeley, and the proposed route for moving 17th Avenue. He said Rain for Rent has proposed
to accommodate the neighbors by not having any truck traffic on Lot D. He explained how these
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accesses will be used now and in the future. In response to Chair Rademacher, he said that
there are plans to revitalize the 1.3 million bushel capacity grain elevators. In response to
Commissioner Conway, he said that Greeley required annexation for use of existing water and
sewer, and said his company now owns the land (1,700 acres) that 17the Avenue will be routed
through. Commissioner Kirkmeyer noted that will put additional activity at CR 66 and Hwy 85.
Mr. McKenna explained a traffic problem at CR66, noting that CDOT has routed Northern
Trucking Company along AA Street. He confirmed the two residential accesses in the previous
subdivision exemption would be eliminated after the new access is completed, in about six
months and mentioned that when Monfort was operational there was a huge amount of traffic.
13 In response to Chair Rademacher, he said Lot B cannot be developed without annexation
to Greeley.
SE Scott Watkins, National Facilities Manager with Rain for Rent, a national family-owned
company, and said they supply rental equipment to solve temporary liquid storage needs and
service to all forms of industry and emergency response; the rental equipment is rented clean
and returned clean to the yard. The facility will include a shop area for maintenance, an
office/administrative area, and a parking/storage area, and operates 24/7. He said they will
clean up the site, construct perimeter fencing around the entire site, remove old buildings, and
intend to be good neighbors. In response to Commissioner Kirkmeyer, Mr. Wakins pointed out
existing and future structures on the site, and said it would look similar to the Fort Lupton site.
No public testimony was offered concerning this matter.
El In response to Commissioner Conway, Mr. Carroll spoke in regard to potential long-term
impact on the intersection from moving 17th Street and in regard to traffic on O Street. It was
clarified that this item is not being approved via today's USR.
ID Commissioner Kirkmeyer stated her support of the access plan; she clarified there will be
a 60-foot easement and the other two accesses will be eliminated, and said she would like that
language in the resolution. Mr. McKenna said there is a draft private agreement stating that at
the time they purchase the property they will be granted that easement, and within six months
they will abandon the two residential easements. Commissioner Kirkmeyer requested no
additional screening or fencing be a condition. Development Standard #17 should be changed
as well, to state the existing screening should be maintained, which was done by assent of the
Board. e Chair Rademacher addressed the hours of operation in Development Standard #4.
Miles Doctor, Rain for Rent, requested the hours be modified because crews are in the field
24/7, and there are occasional emergencies when they may respond to customers after hours,
and Development Standard #4 was eliminated by consent of the Board.
Mr. Carroll and the Board concluded Condition of Approval #1.G.9 be modified: "The
applicant shall submit a complete access permit application for the proposed eastern access to
the site off County Road 66. The existing two residential driveway access points shall be
closed." Condition of Approval #1.D was removed, and Development Standard #17 was
changed to "maintain the existing screening," by consent of the Board.
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la Mr. Beauregard noted the City of Greeley's referral stated that "the applicant shall attempt
to address" a number of landscaping items, and they plan to do some of that when 17th Street
is actually constructed. He said there is no lighting plan (lighting will remain as is).
Commissioner Rademacher said the word "attempt" addresses Mr. Beauregard's concern.
Commissioner Kirkmeyer suggested adding language to Condition of Approval #1.C: "if
additional lighting is proposed...", and this was done by consent of the Board. Commissioner
Freeman addressed Development Standards #18 and #19, and Commissioner Kirkmeyer noted
these are to address future improvements and can therefore stay in. Mr. Gathman clarified the
legal boundaries of the site and the easement. He said the access is usually within the
boundaries of the USR, but is not in this case. Commissioner Kirkmeyer suggested a note on
the plat requiring evidence of the easement agreement and the Board concurred. 11) Mr.
Yatabe requested the correct spelling of XAIROS be used everywhere in the resolution.
Mr. Gathman suggested a Development Standard #11, and the Board decided the added
sentence in Condition of Approval #1.F.9, stating that the applicant shall submit evidence of the
easement agreement, is adequate.
Commissioner Conway reiterated concerns about the proposed rerouting of 17th Street by
the City of Greeley. Mr. Beaufort predicted an 8-10 year time frame before that development
occurs. Commissioner Conway also noted O Street is not well maintained by the City of
Greeley.
In response to Commissioner Garcia, Mr. McKenna said he and the applicants have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
e Commissioner Garcia moved to approve the request of Xairos, LLC, and Monfort of
Colorado, Inc. for a Site Specific Development Plan and Use by Special Review Permit, USR13-
0050, for a use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, based
on the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as amended and entered into the record. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:45 a.m.
Commissioner Kirkmeyer thanked the applicants for their diligence and concern for safety. She
also requested a work session regarding Northern Plains Trucking's use of CR 66, because the
Board was not aware of this situation and has not had an opportunity to examine those impacts.
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This Certification was approved on the 13th day of January, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4/ L1
Douglas Rademacher, Chair
Weld County Clerk to the Board �!
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Barbara Kirkmeye , Pro-Tem/
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