HomeMy WebLinkAbout20120812.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,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: USR11-0031
APPLICANT: BB COLORADO HOLDINGS, LLC, C/O DAVE'S OILFIELD CONSTRUCTION
LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE(OIL FIELD ROUST-A-
BOUT AND PAINTING BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2E2 SECTION 32,T4N, R64W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40 AND %MILE WEST OF CR 53.
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."
The proposed use is to be located on a turkey farm site that is no longer in operation. Roust-
a-bout and painting operations will either be located within either existing or proposed
buildings, however, the applicant is proposing outside storage of equipment, raw materials
and finished product utilized. The Department of Planning Services is recommending that the
storage area be screened from adjacent residences and county right-of-way.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas support
facilities as a Use by Special Review 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 m
surrounding land uses. The proposed use is located on a turkey farm site that is no longer in
operation. There are several turkey barns located on the property. Additionally, three (3)
single family residences were originally located on this property and have been recently
divided off from this USR site through the recorded exemption process.Three(3)other single
family residences are located on the property to the east which is under common ownership
wog
with the USR parcel and was part of the original turkey farm operation as well. An irrigated
2012-0812
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 2
• agricultural parcel lies to the north.A mobile home is located on a property immediately to the
west of the site adjacent to the northwest corner of the site. Remaining lands immediately to
the west and south are unimproved with the exception of oil and gas production facilities
(wells and wellheads, tank battery and associated equipment).
No phone calls, e-mails or correspondence has been received from surrounding property
owners.
The Department of Planning Services is requiring a screening plan as a condition of approval
of this application to screen outdoor storage of equipment, materials and raw product from
nearby residences and from the County Road.Additionally, several development standards
are proposed (such as requiring the applicant to adhere to county noise requirements...)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. This site is not located within a 3-mile referral area of any municipality nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
• Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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
"Other Lands" according to the Prime and Important Farmlands Map of Larimer Counties.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County. The attached development
standards and conditions of approval will ensure adequate provisions for the protection of
health, safety and welfare of the inhabitants of the neighborhood and the 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 plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0031 (Department of Planning
Services)
2. Parking spaces(including ADA)spaces shall be indicated in accordance with Article
•
VI, Division I, Appendix 23-A and Appendix 23-B of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 3
• 4. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
5. 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 public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
6. County Road 40 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 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. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
7. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
8. The plat shall delineate the approved lighting plan (if applicable). (Department of
Planning Services)
9. Show the existing access point on the Plat and label it with the Access Permit
number(will be provided). (Department of Public Works)
10. Show adequate (minimum 60-foot) radiuses at the access point along with cattle
•
guards for tracking control and a stop sign at the exit. (Department of Public Works)
11. Provide an enlarged detail view of the operations area with buildings,storage,and all
parking clearly identified. (Department of Public Works)
12. Provide revised Water Quality Feature calculations. Show the boundaries of the
depression on the site plan and label it as "Water Quality — No Build or Storage
Area" (Department of Public Works)
13. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
B. The applicant shall address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated December 29, 2011.
(Department of Building Inspection)
C. The applicant shall address the requirements of the Weld County Department of Public
Works, as stated in the referral response dated January 23, 2012:
Provide revised Water Quality Feature calculations for review and approval by the
Department of Public Works. (Department of Public Works)
D. In the event the applicant intends to utilize t
business use, the septic system shall Any additional hydraulic load to any existing septic
system will require to 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)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 4
• E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division,Colorado Department of
Health and Environment, if applicable. Alternately, the applicant can provide evidence from
the APCD that they are not subject to these requirements. (Department of Environmental
Health)
F. 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 & Environment)
G. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
H. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and
Environment that the system complies with the Regulations. (Department of Public Health&
Environment)
The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
•
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
J. 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 & Environment)
K. If exterior lighting is proposed, the applicant shall submit to the Department of Planning
Services a Lighting Plan for review and approval. (Department of Planning Services)
L. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. Outdoor storage & work vehicle and equipment parking shall be
screened from nearby residences and from county road right-of-way. (Department of
Planning Services)
M. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all transportation
(access drive, parking areas, haul route maintenance, et cetera) and non-transportation
(fencing, screening, drainage et cetera). The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
• recording the USR plat. The applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of
Public Works. The agreement shall detail road maintenance requirements. (Department
of Planning Services)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 5
• 2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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 sixty (60) 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 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
senttodhuerter@co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. Prior to Release of Building Permits:
• A. A building permit will be required for any new construction, alteration, or addition to any
building on the property. (Department of Building Inspection)
B. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. Building permits are required for
buildings, structures and change of use for buildings which required permits before the
beginning of construction or the proposed change of use. (Department of Building Inspection)
C. The structures proposed to have changes uses will require commercial building permit for
change of use. A code analysis, floor plan a complete set of plans for any alteration and
possibly a structural analysis by a professional engineer will be required. (Department of
Building Inspection)
D. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
E. Prior to the release of building permit, the applicant shall submit evidence of approval from
the Platte Valley Fire Protection District to the Weld County Building Department.
7. Prior to issuance of 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)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 6
• Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 Commissioners for further proceedings.
CERTIFICATION OF COPY
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 March 6, 2012.
• Dated the 6th of March, 2012.
hkAl ii KGUAkjeWh
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Dave's Oilfield Construction, LLC
USR11-0031
1. A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service
Facility(oil field roustabout and painting business)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 number of on-site employees shall be limited to fifty-five(55)full-time employees as stated in the
application. (Department of Planning Services)
4. The hours of operation shall be limited to 5:00 AM - 10:00 PM Monday— Sunday as stated in the
application. (Department of Planning Services)
5. 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)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. 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. (Department
• of Public Health and Environment)
8. 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 as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(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)
12. 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)
13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well
Permit No. 287450). (Department of Public Health and Environment)
• 15. In the event the facility's water system serves more 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). Evidence shall
be provided to the Weld County Department of Public Health and Environment that the system
complies with the Regulations. (25 people per day over a 60 day period). (Department of Public
Health and Environment)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 8
. 16. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained and
available for review upon request. (Department of Public Health and Environment)
17. A building permit will be required for any new construction,alteration,or addition to any building on the
property. (Department of Building Inspection)
18. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. Building permits are required for buildings, structures and change of use
for buildings which required permits before the beginning of construction or the proposed change of
use. (Department of Building Inspection)
19. Any structures proposed to have a use change will require commercial building permit for change of
use. A code analysis, floor plan a complete set of plans for any alteration and possibly a structural
analysis by a professional engineer will be required. (Department of Building Inspection)
20. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
21. Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte
• Valley Fire Protection District to the Weld County Building Department.
22. 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)
23. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
24. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. 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 constructed as traffic control devices. (Department of Planning
Services)
28. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
• 29. 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)
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 9
• 30. 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.
31. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
32. The 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.
33. 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.
34. 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
RESOLUTION USR11-0031
DAVE'S OILFIELD CONSTRUCTION LLC
PAGE 10
• 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.
S
•
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close to his house and asked how far the right-of-way for the pipeline will be and will it come onto his property.
• Mr. Sandin also held concerns with the alignment of the pipeline west of County Road 49 and what impacts
may be present and when the pipeline was to be constructed
Mr. Groom said that the preferred route has been negotiated with the landowners and the rights-of-way have
been attained. If Mr. Maxey does not have a right-of-way then that means it is not crossing his property;
however it may border his property. Mr. Groom added that he believes the setback requirements for any
structure are 150 feet from the pipeline.
Commissioner Holton asked if a neighborhood meeting was held. Mr. Groom said that a neighborhood
meeting was held for the entire project last fall which included the processing plant, the pipelines and the
compressor sites.
Mr. Groom requested that Conditions of Approval 5 and 6 be amended to require the recording of the plat
within 90 days. Robert Grand moved to amend Condition of Approvals 5 and 6 as requested, seconded by
Mark Lawley.
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.
Mark Lawley moved that Case USR11-0024 be approved along with the Conditions of Approval and
Development Standards, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey,
abstain; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
• The Chair called a recess at 3:10 pm and reconvened at 3:27 pm.
CASE NUMBER: USR11-0031
APPLICANT: BB COLORADO HOLDINGS, LLC, C/O DAVE'S OILFIELD CONSTRUCTION
LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE(OIL FIELD ROUST-A-
BOUT AND PAINTING BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2E2 SECTION 32,T4N,R64W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40 AND '/.MILE WEST OF CR 53.
Chris Gathman, Planning Services, stated that the applicant intends to operate the roust-a-bout operation in
an existing building for scheduling and equipment storage. The applicant intends to construct a new building
for the painting operation. Additionally outside storage of equipment, raw materials and finished product is
proposed on the site.
The proposed use is located on a turkey farm site that is no longer in operation. There are several turkey
barns located on the property. Additionally, three (3)single family residences were originally located on this
property and have been recently divided off from this USR site through the Recorded Exemption and
Subdivision Exemption process. Three (3) other single family residences are located on the property to the
east which is under common ownership with the USR parcel and was part of the original turkey farm operation
as well. An irrigated agricultural parcel lies to the north.A mobile home is located on a property immediately to
the west of the site adjacent to the northwest corner of the site. Remaining lands immediately to the west and
south are unimproved with the exception of oil and gas production facilities.
The Department of Planning Services is requiring a screening plan as a condition of approval of this
application to screen outdoor storage of equipment, materials and raw product from nearby residences and
• from the County Road. Additionally, several development standards are proposed such as requiring the
applicant to adhere to county noise requirement, to ensure compatibility with -.' tin• surrounding land uses.
EXHIBri
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This site is not located within a three-mile referral area of any municipality nor is it located within any existing
Intergovernmental Agreement Area (IGA) of a municipality.
• No letters, phone calls or correspondence has been received from surrounding property owners in regard to
this case.
The Department of Planning Services does recommend approval of this application along with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, stated that County Road 40 is classified as a local gravel roadway. In July 2011,
129 vehicles were on that roadway. Due to the proposed traffic, a Road Maintenance Agreement, which
includes dust control from the site and tracking control, will be required.
Mary Evett, Environmental Health, stated that the facility is served by an existing well recently re-permitted for
commercial use. The existing shop building is served by a septic system and is permitted for 8 persons. This
will need to be evaluated by an engineer to determine if it is adequate.
Ms. Evett suggested amending the first sentence in Condition of Approval 1.D to read"Any additional hydraulic
load to any existing septic system will require to be reviewed by a Colorado Registered Professional
Engineer." Jason Maxey moved to amend Condition of Approval 1.D as recommended by staff, seconded by
Bill Hall. Motion carried.
Ms. Evett stated that the applicant submitted a written statement today indicating that they will not be doing
any vehicle washing onsite; therefore Condition of Approval 1.G and Development Standard 11 no longer
apply. Bill Hall moved to delete Condition of Approval 1.G and Development Standard 11,seconded by Jason
Maxey. Motion carried.
Tim Naylor, AGPROFESSIONALS, 4350 State Hwy 66, Longmont, CO, stated that they are requesting to
utilize the existing buildings for a roust-about facility. Dave Burroughs would like to relocate his business to
this location because it has outgrown his current location. A proposed shop for the painting operation will be
• located between two turkey barns located in the middle of the property. Mr. Burroughs plans to construct a
residence in the future and live on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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.
Jason Maxey moved that Case USR11-0031, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR11-0029
APPLICANT: DORIS CUNNINGHAM, C/O JEFF BEDINGFIELD
PLANNER: CHRIS GATHMAN
REQUEST: A REVIEW OF A PREVIOUSLY DENIED APPLICATION FOR LAND USE(USE BY
SPECIAL REVIEW PERMIT #1785 FOR OIL FIELD PRODUCTS
MANUFACTURING AND PAINTING) AND REQUEST FOR A SUBSTANTIAL
CHANGE DETERMINATION.
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT AMD RE-991; PART NW4SW4 SECTION 2, T7N,
R66W OF THE 6T" P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 33 AND APPROXIMATELY'A MILE SOUTH
OF CR 86.
•
Bill Hall excused himself from hearing this case since he was previously involved with the case.
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