HomeMy WebLinkAbout20121301.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
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 8.2 A.Policy 2.2. states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production".
Section 22-2-220. 8 3. A.Policy 2.3. states: "Encourage development of agriculture and
agriculturally related businesses and industries in underdeveloped areas where existing
resources can support a higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal production, farming,greenhouse
industries, landscape production and agri-tainment or agri-tourism uses."
Section 22-2-20.1 A.Goal 9.States: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Conditions of approval and development standards including but not limited to the
requirement for a landscape/screening plan, limiting hours of operation to daylight hours,
noise standards, prohibiting alcoholic beverages and submittal of a dust abatement plan will
address/mitigate impacts associated with the proposed use and ensure compatibility with the
surrounding area.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Sections 23-3-40.6 17 and B.18 of the Weld County Code provides for
Commercial Rodeo and Roping Arenas and Section 23-3-40. M provides One (1) Single-
• Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A above as
Uses by Special Review in the A(Agricultural)Zone District.
EXHIBIT 2012-1301
Ctn.-175Z_
RESOLUTION USR-1752
• ABELARDO VEGA
PAGE 2
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
This Use by Special Review Permit is to address an outstanding zoning violation (ZCV09-
00265)for ongoing rodeo events without appropriate zoning permits.Staff is not aware of any
rodeo events having occurred since 2010.
The site is located in a rural agricultural area. The nearest residences are located
approximately 700 feet to the west(across County Road 55), approximately 1,000 feet to the
north and approximately 2,000 feet to the east of the site. One letter has been received from
a surrounding property owner expressed objections to the proposed rodeo USR based on the
number of people attending the event, potential instances of drinking and driving at previous
events, and excessive noise.
Conditions of approval and development standards including but not limited to the
requirement for a landscape/screening plan, limiting hours of operation to daylight hours,
noise standards and submittal of a noise abatement plan, the submittal of a dust abatement
plan, and addressing composting of manure in the development standards will help to
address/mitigate impacts associated with the proposed use and ensure compatibility with the
surrounding area.
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 nor intergovernmental agreement
boundary of a municipality.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The proposed facility does not lie within the boundaries of any overlay district.
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 property is considered
"Irrigated Non-Prime" and "Prime" according to the U.S.D.A. Soil Conservation Map, dated
1979. The Rodeo will be located on the portion of the property identified as "Irrigated Non-
Prime". The use of the land will remain in an agricultural related use.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
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 USR-1752
ABELARDO VEGA
PAGE 3
• This Use by Special Review Permit is to address an outstanding zoning violation (ZCV09-00265)for ongoing
rodeo events without appropriate zoning permits. Staff is not aware of any rodeo events having occurred since
2010.This application, if approved,will correct the zoning violation. If for any reason,this application is denied,
please request that this case be referred to the County Attorney's Office to ensure future compliance.
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 USR-1752. (Department of Planning Services)
2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3) Add the following note to the plat: "Weld County is not responsible for the
maintenance of drainage related features." (Department of Public Works)
4) Relocate the arena circle south out of the future County Road 74 right-of-way.
(Department of Public Works)
5) Show parking spaces (300 vehicles), and circulation lanes. (Department of Public
Works)
• 6) Identify areas for pick up and car parking,trailer parking within the proposed parking
area. (Department of Public Works)
7) Identify overflow parking if needed in adjacent areas. (Department of Public Works)
8) The approved Screening Plan. (Department of Planning Services)
9) The location of the enclosed trash containers and trash dumpsters. (Department of
Planning Services)
10) The approved lighting plan (if applicable). (Department of Planning Services)
B. The applicant shall address the requirements of the Weld County Department of Public
Works as outlined in their referral received 3/14/2012. The following requirements shall be
addressed:
1. Submit an Access Permit Application Form showing the accesses to the property
and which one(s)will be used for the rodeo. Please show the accesses on the Plat
map and label them with the approved access permit number(will be provided when
application form is received and reviewed).
2. Submit a Traffic Control Plan (TCP) prepared by a certified Traffic Control
Supervisor(TCS) for review and approval.
3. Submit an Incident Command Plan for the Office of Emergency Management.
(Department of Public Works)
•
• S
RESOLUTION USR-1752
• ABELARDO VEGA
PAGE 4
C. The applicant shall submit a dust abatement plan , detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. (Department of Public Health & Environment)
D. 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).
Written evidence of Health Department approval shall be provided to the Department of
Planning Services.
-An-individual sewage-disposal system is required for the-proposed rodeo facility and shall be
installed according to the-Weld County Individual Sewage Disposal Regulations. The septic
system is required-to be cesignec by a Co oraco Regis •ereo Engineer according to tie We d
County Individual Sewage Disposal Regulations. Submit documentation, to the
Environmental Health Services, Weld County Department of Public Health & Environment
indicating a septic system designed by a Colorado Registered Professional Engineer.
i (Department of Public Health & Environment)
F . In the event the septic system requires a design capacity of over 2,000 gallons sewage per
day-the applicants shall provide evidence that all requirements of the Water Quality-Control
Division (WQCD) of the Co oraco Departmen • o= - ea :i anc Environmen : (soecrica y
Policies WQSA 6 and WQSA 8) have been satisfied. Evidence of compliance shall be
provicec to tie We c Coun :y Departmen • o= Pub is - ea ' lam Environmen :. A ternate y, the
applicant can provide evidence from the WQCD that they are not subject to these
requirements. (Department of Public Health & Environment)
G. 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)
H . The applicant shall submit a Landscape Plan/Screening Plan to the Department of Planning
Services for review and approval. The applicant shall place "plant material" or other
acceptable screening material to mitigate the impacts of the facility from adjacent properties.
Further, the applicant shall adhere to all landscape requirements of Section 23-3-350.G. 1 and
Section 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape and
Screening Plan shall be placed on the plat. (Department of Planning Services)
The applicant shall submit evidence of an approved permanent water supply (approved North
Weld County Water District Tap or an approved Commercial Well Permit). (Department of
Public Health & Environment/Department of Planning Services)
•
RESOLUTION USR-1752
• ABELARDO VEGA
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J. The applicants shall submit a security plan detailing how security will be provided at the
proposed rodeo events (who will be providing security, numbers of security personnel...)To
the Weld County Sheriff's Office and Department of Planning Services. The security plan
shall be approved by the Sheriff's Office or the applicant shall provide written evidence that
an adequate attempt has been made to address their concerns. (Department of Planning
Services)
K. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for landscaping and parking
improvements. The applicant shall submit to the Department of Planning Services an
itemized landscaping bid for review. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to recording the
Use by Special Review plat. Or the applicant may submit evidence that all the work has been
completed and approved by the Department of Planning Services and the Department of
Public Works. (Department of Planning Services)
L. The applicant shall submit a noise abatement plan to the Department of Planning Services
and Department of Public Health and Environment for review and approval. (Department of
Planning Services)
M. If any lighting is proposed, the applicant shall submit a lighting plan for review and approval to
the Department of Planning Services. Any on-site lighting shall be downcast(Department of
Planning Services)
• 2. Upon completion of 1. above 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 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed a
$50.00 recording continuance charge may be added for each additional 3 month period. (Department
of Planning Services)
4. Prior to issuance of the Certificate of Occupancy:
A. Septic Permit SP-0900010 must receive a final inspection from Environmental Health
Services. (Department of Public Health & Environment)
Motion seconded by Bill Hall.
•
. •
• RESOLUTION USR-1752
ABELARDO VEGA
PAGE 6
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 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 May 15, 2012.
Dated the 15th of May, 2012.
Kristine Ranslem
Secretary
• •
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• Abelardo Vega
DEVELOPMENT STANDARDS
USR-1752
1. A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
establishment primarily engaged in performing agricultural,animal husbandry or horticultural services
on a fee or contract basis, including Commercial Rodeo(outdoor)and One(1)Single-Family Dwelling
Unit per Lot other than those permitted under Section 23-3-20 A of the Weld County Code 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 facility will operate during the months of April 1 through September 30 during daylight hours.
(Department of Planning Services)
4. A maximum of 300 visitors will be allowed on site during events. (Department of Planning Services)
5. No alcoholic beverages shall be allowed on-site nor shall alcohol be served during rodeo events.
(Department of Planning Services)
6. The number of animals allowed on site during events shall be unlimited. (Department of Planning
Services)
7. There shall be no live music during events. (Department of Planning Services)
8. Any offsite trash (on county road rights of way) generated by events shall be picked up within 24-
• hours. (Department of Planning Services)
9. There shall be no parking or staging of vehicles on County Road 55 and/or County Road 74.
(Department of Planning Services/Department of Public Works)
10. No overnight camping shall be allowed. (Department of Planning Services)
11. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, flies, odors, disease hazards,and nuisances are minimized. (Department of Public
Health & Environment)
12. 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 &
Environment)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health&Environment)
14. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
15. 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 & Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health&Environment)
•
RESOLUTION USR-1752
ABELARDO VEGA
PAGE 8
• 17. Adequate drinking, hand washing and toilet facilities shall be provided for personnel and patrons of
the facility at all times (bottled water, portable toilets and hand washing units are acceptable). The
Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum guideline.
A minimum of eight portable toilets and two hand washing stations shall be provided. Records of
maintenance and proper disposal shall be retained on a seasonal basis. (Department of Public
Health & Environment)
18. 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 & Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
20. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
Environment)
21. 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 & Environment)
22. The applicant shall comply with the Colorado Retail Food Establishment Rules and Regulations
governing the regulation of Food Service Establishments. Mobile Units shall be self-contained in
regard to water and sewer. (Department of Public Health & Environment)
• 23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
24. Proper building permits shall be obtained prior to construction of any new structure and/or change of
use of any existing building or structure. (Department of Building Inspection)
25. Buildings 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
Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2011
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
26. All building plans shall be submitted to the Galeton Fire District for review and approval prior to issue
of building permits. (Department of Building Inspection)
27. The historical flow patterns and run-off 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)
28. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
29. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning
• Services)
30. 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)(Department of Planning
Services)
RESOLUTION USR-1752
ABELARDO VEGA
PAGE 9
• 31. 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) (Department
of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with the Livestock confinement
operations Operation Standards of Section 23-4-350 of the Weld County Code. (Department of
Planning Services)
35. Weld County personnel 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 Development Standards stated herein
and all applicable Weld County regulations. (Department of Planning Services)
36. 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. (Department of Planning Services)
• 37. 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. (Department of Planning
Services)
• `` SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 3, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley,Colorado. The meeting was called to order by Chair,Tom
Holton, at 1:30 p.m.
Roll Call.
Present:Alexander Zauder,Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley, Robert
Grand, Thomas Holton.
Absent: Nick Berryman.
Also Present:Tom Parko,Chris Gathman, Michelle Martin and Kim Ogle, Department of Planning Services;
Don Carroll and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of
Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the March 6,2012 Weld County Planning Commission minutes,seconded by
Jason Maxey. Motion carried.
`' CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
• HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
lir Chris Gathman,Planning Services,stated that staff is requesting a continuance of this case until May1,
2012 because the applicant is out of town for today's hearing.
1' The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion:Continue Case USR-1752 to the May 1,2012 Planning Commission hearing,Moved by Jason
Maxey, Seconded by Bill Hall.
CASE NUMBER: USR12-0002
APPLICANT: NORTH WELD COUNTY WATER DISTRICT
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT AND SERVICE(WATER HAULING)AND ANY USE
PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR STORAGE),PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVSIION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
• LEGAL DESCRIPTION: LOTA OF RECX11-0049;PART OF THE NE4 SECTION 35,T8N,R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 88;APPROXIMATELY 1000 FEET WEST
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, May 1, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley,Colorado. The meeting was called to order by Chair,Tom
Holton, at 1:35 p.m.
► Roll Call.
Present: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
Also Present: Chris Gathman,Tom Parko and Kim Ogle, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 3, 2012 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Bill Hall.
Motion passed unanimously.
CASE NUMBER: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF
COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO,THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS,
SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
• LEGAL DESCRIPTION: Lot A of RECX12-0013; PART SW4 SECTION 26, T6N, R67W & PART NW4
SECTION 35,T6N, R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY%MILES EAST OF
STATE HWY 257.
Tom Perko, Planning Services, stated that they would like to request a continuance until the May 15,
2012 Planning Commission hearing to work out some logistical issues.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
D. CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
IP Chris Gathman, Planning Services,stated that the applicant has requested a continuance of this case to
the May 15, 2012 Planning Commission hearing as he had another conflict.
• The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
EXHIBIT 1
L SC-C15Z
II" Motion:Continue Cases USR-1752 and USR12-0005 to the May 15,2012 Planning Commission
• hearing,Moved by Bill Hall,Seconded by Mark Lawley.
Motion passed unanimously.
r` CASE NUMBER: USR12-0010
APPLICANT: CATHY AND ALAN WHITTERN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY
USE,OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT(DENTAL OFFICE)IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOTA REC EXEMPT RE-284;PART NW4 SECTION 30,T3N,R68W OF THE 6TH
P.M.,WELD COUNTY,COLORADO.
LOCATION: 500 FEET SOUTH OF STATE HIGHWAY 66;EAST OF AND ADJACENT TO
ELMORE ROAD.
Kim Ogle, Planning Services, presented Case USR12-0010, 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. In addition,Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
(Robert Grand entered the meeting at 1:38 pm.)
D. Cathy Whittern,13876 Elmore Road,stated that she would like to operate a dental office from her
residence.
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 she has read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that she is in agreement.
ID' Motion:Forward Case USR12-0010 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,Moved
by Mark Lawley,Seconded by Jason Maxey.
Vote:Motion passed(summary:Yes=8,No=0,Abstain=1).
Yes:Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey,Joyce Smock, Mark Lawley, Nick
Berryman,Thomas Holton.
Abstain:Robert Grand.
IP CASE NUMBER: USR12-0015
APPLICANT: DEWEY AND DOROTHY MARCY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING FARM EQUIPMENT
SALES,REPAIR AND INSTALLATION FACILITIES AND USES SIMILAR TO THE
USES LISTED AS USES BY SPECIAL REVIEW (MANUFACTURING OF
SPECIALIZED GOOSENECK HITCHES)AS LONG AS THE USE COMPLIES
WITH THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1251;PART N2SW4 SECTION 1,T5N,R65W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5;0.75 MILES WEST OF CR 49.
• Kim Ogle, Planning Services, presented Case USR12-0015, 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. In addition,Environmental Health and
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• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2012
• A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley,Colorado. The meeting was called to order
by Chair,Tom Holton, at 1:30 p.m.
• Roll Call.
Present: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll and
Heidi Hansen,Department of Public Works; Lauren Light and Mary Even,Department of Health;Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
DP' Motion: Approve the May 1, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Jason Maxey.
Motion passed unanimously.
CASE NUMBER: USR12-0014
APPLICANT: DILLARD FAMILY LLC, do NOBLE ENERGY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY(CLASS II OILFIELD WASTE DISPOSAL
FACILITY- SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)
• ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX12-0031 BEING PART OF THE NE4 SECTION 10, T7N, R64W OF
THE 6TH P.M.,WELD COUNTY,COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 84 SECTION LINE; WEST OF AND
ADJACENT TO CR 57 SECTION LINE.
D" Kim Ogle, Planning Services, stated that the applicant's representative would like to request a
continuance until the June 5,2012 Planning Commission hearing so that adequate notice may be provided for
mineral interests.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
`' Motion: Continue Case USR12-0014 to the June 5, 2012 Planning Commission hearing, Moved by
Jason Maxey, Seconded by Bill Hall.
Motion passed unanimously.
CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
• LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
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• Chris Gathman, Planning Services, presented Case USR-1752, 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.
®` Heidi Hansen, Public Works, reported on the conditions of approval and development standards
included in the staff report.
Mary Evett, Environmental Health,stated that it was unclear in the application the number of months that
the applicant would be operating. If the facility would operate 6 months or less then bottled water and portable
toilets are acceptable. Additionally,the application indicates there are several sources of water;however there
is no documentation provided that water is available to the residents or appropriately permitted. She listed the
conditions of approval and development standards included in the staff report. Ms. Evett recommended
adding a development standard with regard to the proposed Cantina to read"The applicant shall comply with
the Colorado Retail Food Establishment Rules and Regulations governing the regulation of Food Service
Establishments. Mobile Units shall be self-contained in regard to water and sewer."
b'' Motion:Add Development Standard 22,per staff recommendation,and renumber accordingly, Moved
by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
IPP' Roger Ainsworth, Sheriffs Department, stated that the Sheriffs Department is strongly opposed to
granting this application request. He reported on the activity related to the applicants and the property.
Jorge Vega,35918 CR 55,stated that he had operated a rodeo during the summer a couple of years ago
and would like to continue the rodeo events.
• 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 staff for any changes to the Staff Report. Ms. Evett recommended deleting Condition of
Approval 1.E, 1.F, and 1.G. In addition, Development Standard 17 may be amended to read "Adequate
drinking,hand washing and toilet facilities shall be provided for personnel and patrons of the facility at all times
(bottled water, portable toilets and hand washing units are acceptable). The Stanford Event and Labor
Services portable toilet chart shall be adhered to as a minimum guideline. A minimum of eight portable toilets
and two hand washing stations shall be provided. Records of maintenance and proper disposal shall be
retained on a seasonal basis."
Motion: Amend Development Standard 17 as read by staff, Moved by Robert Grand, Seconded by
Alexander Zauder.
Motion passed unanimously.
Motion:Amend Development Standard 3 to read"The facility will operate during the months of April 1
through September 30 during daylight hours", Moved by Jason Maxey, Seconded by Nick Berryman.
Motion passed unanimously.
Di" Motion: Delete Conditions of Approval 1.E, 1.F,and 1.G,Moved by Mark Lawley,Seconded by Robert
Grand.
Motion passed unanimously.
r` Commissioner Lawley commented that he understands that with regard to Development Standard 6 it
pertains to livestock that is regularly housed on the property and not particularly during rodeo events.
• Motion: Delete Development Standard 6, Moved by Robert Grand, Seconded by Mark Lawley.
Motion passed unanimously.
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• Mr.Gathman wanted to ensure the inclusion of the Weld County Building Department referral into the
Staff Report. Motion:Add Condition of Approval 1.M to read"The applicant shall address the requirements of
the Department of Building Inspection as outlined in their referral response dated May 15,2012",Moved by
Robert Grand,Seconded by Nick Berryman.
Motion passed unanimously.
Brad Yatabe,County Attorney,suggested that some provision be included that there is not a limitation
on animal units in terms of events such as a rodeo.
The Chair called a recess at 2:20 pm for Mr.Yatabe to create language to be included in the staff report.The
Chair called the meeting back to order at 2:29 pm.
D'' Mr.Yatabe suggested adding a new Development Standard 6 to read"The number of animals allowed
on site during events shall be unlimited." Motion: Add new Development Standard 6 per staffs
recommendation,Moved by Robert Grand,Seconded by Nick Berryman.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion:Forward Case USR-1752 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 Robert Grand,Seconded by Bill Hall.
Vote:Motion passed(summary:Yes=8,No=1,Abstain=0).
• Yes:Alexander Zauder,Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley,Nick Berryman,Robert Grand,
Thomas Holton.
No:Benjamin Hansford.
Joyce Smock referred to Development Standard 5 and reiterated to the applicant that no alcoholic beverages
shall be allowed on site.
Robert Grand commented that Mr.Vega has a right to use his property; however with that comes the
responsibility to adhere to the regulatory issues outlined in the Staff Report.
CASE NUMBER: USR12-0009
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY(TWO MILES OF
SINGLE CIRCUIT 115-KILOVOLT(kV)ELECTRIC TRANSMISSION LINE,TO
CONNECT INTO THE LASALLE GAS PLANT [USR-1792] SUBSTATION
FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION
[WAPA]TRANSMISSION LINE)IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES IN SECTION 10(WAPA SWITCHING
STATION)CROSSES SECTION 30 AND 31,T5N,R64W OF THE 6TH P.M.,WELD
COUNTY,COLORADO AND ENDS AT THE LASALLE GAS PLANT(USR-1792).
LOCATION: SOUTH OF COUNTY ROAD 54 IN AN EASEMENT WEST OF COUNTY ROAD 51
TO A PROPERTY IN THE NW4 OF CR 50 AND CR 51.
Jason Maxey stated that he is an employee with United Power who is a cooperative member of Tri-State
Generation and Transmission;however this request is not located in United Power's area and he believes he
can make a fair judgment to this case. The Planning Commission did not have any concerns with Mr.Maxey
• hearing this case.
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