HomeMy WebLinkAbout20133190.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION r .�
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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0043
E L DODSON
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OILFIELD SERVICE
COMPANY LAYDOWN YARD, OFFICE AND REPAIR & MAINTENANCE SHOP
FOR OIL AND GAS EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOTS AAND B REC EXEMPT RE 4214; PART N2SE4 SECTION 32, T4N, R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 29; APPROXIMATELY 400 FEET SOUTH OF
HIGHWAY 85.
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."
22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and
should be subject to review in accordance with the appropriate sections of this Code."
Several conditions of approval and development standards are proposed (such as requiring
the applicant to adhere to county noise requirements and a lighting plan for review and
approval...) to ensure compatibility with existing surrounding land uses. The proposed use is
similar to an industrial use. The Industrial Zone District (Chapter 23, Article IV) of the Weld
County Code requires screening of outdoor storage areas from adjacent properties and
rights -of -way. Therefore Department of Planning Services is also requiring a screening plan
to be submitted and approved prior to recording the plat.
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 of the Weld County Code allows oil and gas support and
service facilities as a Use by Special Review in the A (Agricultural) Zone District.
B. 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 adjacent to cropland to the east, Highway 85 and the
Union Pacific Railroad to the west and a rural agricultural lot to the south. A 10,000 head
40/3-3/90
RESOLUTION USR13-0043
E L DODSON
PAGE 2
feedlot (approved under USR-1197) is located approximately 1,000 feet to the north. The
nearest residences are located approximately 1,000 feet and 1,500 feet to the south of this
site.
No phone calls, e -mails or correspondence has been received from surrounding property
owners.
Several conditions of approval and development standards are proposed (such as requiring
the applicant to adhere to county noise requirements, submitting a screening plan (due to the
proximity to Highway 85) and a lighting plan for review and approval) to ensure compatibility
with existing 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 areas of the Towns of Platteville, Milliken
and Gilcrest. The site is also located within the Cooperative Planning (IGA) boundary for the
Town of Gilcrest. The Towns of Milliken and Platteville in their referral comments received
8/22/2013 and 8/24/2013 indicated that they have no concerns. The Town of Gilcrest
returned a signed Notice of Inquiry form (with no comments) attached with the original
application submittal. No referral response has been received from the Town of Gilcrest in
regards to this case.
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
"Irrigated Not Prime" and "Prime" according to the Important Farmlands Map of Weld and
Larimer Counties. Existing building and structures are located on Lot A. Lot B ecompasses
4.3 acres.
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the Colorado Division of Water Resources
demonstrating that one or both wells are appropriately permitted for the commercial use.
(Department of Public Health and Environment, Colorado Division of Water Resources)
RESOLUTION USR13-0043
E L DODSON
PAGE 3
B. In the event the applicant intends to utilize the existing septic system at the home on Lot A of
RE -4214, for employee use, the septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
C. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health and Environment)
D. The applicant shall designate the location of the septic systems (existing and any proposed
septic system) on the plat. No vehicle access drives, vehicle parking or equipment storage
shall be located in the area of the septic system. The septic system must be protected from
vehicle traffic. (Department of Public Health and Environment)
E. The applicant shall revise the dust abatement plan to include the dust suppressant to be used
to mitigate onsite dust. The revised plan shall be submitted to the Environmental Health
Services, Weld County Department of Public Health & Environment for review and approval.
(Department of Public Health and Environment)
F. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should be
designated on the plat. (Department of Public Health and Environment)
G. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper disposal.
(Department of Public Health and Environment)
H 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)
The applicant shall submit a Screening Plan (to address screening of the proposed pipe and
equipment lay down/storage yard from Highway 85 and residences to the south of the site) to
the Department of Planning Services, for review and approval. A minimum 6 -foot tall opaque
fence is considered adequate for screening purposes. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0043 (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)
RESOLUTION USR13-0043
E L DODSON
PAGE 4
5. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
6. County Road 29 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires sixty (60) feet of right-of-way at full buildout. There
is presently sixty (60) feet of right-of-way. The applicant shall verify and delineate on
the plat the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
7 Show the approved access(es) on the plat and label with the approved access permit
number. (Department of Public Works)
8. Show on the plat the limits of this minimum required water quality volume. Label the
water quality feature as "Water Quality Feature, No Build/Storage Area" (Department
of Public Works)
9. Show on the plat drainage flow arrows. (Department of Public Works)
10. Show on the plat a 45 -foot turning radius to accommodate commercial vehicles.
(Department of Public Works)
11. Make reference on the plat to the improvements at Hwy 85 and County Road 22 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
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to release of building permits:
A septic permit will be required for future building additions. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations. The septic system shall be installed according to the Weld County
Individual Sewage Disposal Regulations. (Department of Public Health and Environment)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
RESOLUTION USR13-0043
E L DODSON
PAGE 5
7. 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 Jason Maxey.
VOTE:
For Passage
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Bret Elliott
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 November 5, 2013.
Dated the 5th of November, 2013.
413N,Ithw %Lel/sit/2.in_
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.11.08 15:26:07 -07'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
E.L. Dodson — Wet Oilfield Services
USR13-0043
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0043, is for A Site Specific
Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility
including an Oil and Gas Support and Service Facility (oilfield service company lay down yard, office and
repair and maintenance shop for oil and gas equipment) in the A (Agricultural) Zone District and 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 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 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)
5. The hours of operation .'or -le ay town yam are day igr- -lours Vonday =rlday and -lours 0' operation
for the office/repair and maintenance SlOD are 8:00 AM 5. t 21/ Moncay rriday, as sated by the
applicant(s) shall be 24 hours, 7 days a week. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner, in
accorcance wi-i orocuc- abe ing, and in a manner -la- minimizes:le release of hazardous air poN6-tants
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
13. 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)
RESOLUTION USR13-0043
E L DODSON
PAGE 7
14. 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)
15. In the event the facility's water system serves more than 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to
these requirements, the Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter. (Department of
Public Health and Environment)
16. 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)
17. 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)
18. Floor drain wastes from any vehicle maintenance facility shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
19. 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)
20. 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)
21. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
22. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
25. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
26. Building permits maybe required per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2006 International Residential Building Code; 2012 International
Energy Code; 2006 International 2011 National Electrical Code; and Chapter 29 of the Weld County 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.
a. All building permit requirements can be found on the Weld County web -site.
www.co.weld.co.us/Departments/BuildingDepartment/BuildingPermits/Commercial (Department of
Building Inspection)
RESOLUTION USR13-0043
E L DODSON
PAGE 8
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.
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, 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.
RESOLUTION USR13-0043
E L DODSON
PAGE 9
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETIN
Tuesday, November 5, 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: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes,
Nick Berryman.
Absent/Excused: Benjamin Hansford, Bret Elliott.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Don
Carroll and Jennifer Petrik, Department of Public Works; Lauren Light and Mary Evett, Department of
Health; Brad Yatabe and Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 15, 2013 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR13-0043
APPLICANT: E L DODSON
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OILFIELD
SERVICE COMPANY LAYDOWN YARD, OFFICE AND REPAIR &
MAINTENANCE SHOP FOR OIL AND GAS EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT RE 4214; PART N2SE4 SECTION 32, T4N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 29; APPROXIMATELY 400 FEET SOUTH
OF HIGHWAY 85.
Chris Gathman, Planning Services, presented Case USR13-0043, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards. Mr. Gathman indicated
that staff was recommending screening for the laydown yard area due to the site being adjacent to
Highway 85 and the proximity to existing residences to the south.
Commissioner Maxey noted that he visited the site today and provided a field check to staff.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett recommended deleting Development Standard 12
as it is duplicated in Development Standard 16.
Motion: Delete Development Standard 12, Moved by Jason Maxey, Seconded by Nick Berryman.
Motion carried unanimously.
E. L. Dodson stated that this is a family owned business for support of oil and gas services. He added
that this site is mainly a laydown yard or storage facility.
Commissioner Maxey asked about the proposed housing and what it will be used for. Mr. Dodson said
that the house may be for him in the future.
Commissioner Maxey asked if the hours of operation need to be extended. Mr. Dodson said that their
employees usually work out on the job sites. He added that they have shift changes and said that in the
1
aCY3-3/90
laydown yard some employees would come at 6:30 or 7:00 p.m. The Chair asked the applicant what he
might propose for hours of operation. Mr. Dodson said it is a 24 hour operation but there may be
employees arriving at shift changes from 6-7 pm. Mr. Dodson added that he would like to propose hours
of operation from 5 am to 8 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Maxey wanted to clarify if the hours of operation should be 24 hours as employees may
come to the job site from a fracing operation outside of the daylight hours and doesn't want to see him in
violation for being outside of the approved hours of operation. Mr. Dodson said that it would be a
possibility for employees to come to the site after daylight hours, in emergency cases.
Motion: Amend Development Standard 5 to read "The hours of operation will be 24 hours, 7 days a
week", Moved by Jordan Jemiola, Seconded by Jason Maxey. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0043 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 Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 13-0047
KEVIN & CHRISTINA CONTRERAS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 (PERSONAL TRAINING FACILITY)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A AMD REC EXEMPT RE -314; PART W2SW4 SECTION 18, T6N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO COUNTY ROAD 37; APPROXIMATELY ONE -
QUARTER MILE NORTH OF STATE HIGHWAY 392.
Commissioner Maxey and Commissioner Smock noted for the record that they have visited the site and
provided field check forms to staff.
Diana Aungst, Planning Services, presented Case USR13-0047, reading the recommendation and
comments into the record. Ms. Aungst noted that one letter was received from a surrounding property
owner outlining concerns regarding signage and requested that no sign be associated with this business.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kevin Contreras, 3327 CR 37, stated that he is operating a cross -training facility. He said that they coach
them on exercises and health training. He added that the classes are 1 hour in length.
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