HomeMy WebLinkAbout20120092 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: USR11-0009
APPLICANT: Francisco Barron
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an Oil and Gas Support and Service (oil and gas equipment
refurbishment, storage and shop) in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A RE-3962 Part W2SW4 Section 24,T3N,65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 30 and east of and adjacent to CR 47.
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.
• Weld County Code, Chapter 22 of the Comprehensive Plan Sec 22-2-10.B.states"the intent
of the agricultural Goals is, "to support all forms of the agricultural industry and, at the same
time, to protect the rights of the private property owners to convert their agricultural lands to
other appropriate land uses."
Mr. Chet Thompson owns a company known as High Country Sales.The proposed business
provides a service to the oil and gas industries by refurbishing equipment in an enclosed
building. Outside storage is also included.
Agricultural Policy 8.1: Demonstrate adequate sanitary sewage and water systems are
available for the intensity of the development.
Chet Thompson will install and construct a sanitary disposal system equipped to handle the
needs of the business. Water is provided via a well that is pending approval by the Division of
Water Resources to convert a domestic well historically used for residential use to a
commercial use.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District.
Sec 23-2-240 Design standards
a) Adequate water service. The applicant has submitted an application to the Division of
Water Resources to re-permit the existing well to a commercial use.
b) Adequate sewer service. A septic disposal system will be constructed and design
according to the use.
c) Structure construction mitigated soil conditions. Geotechnical investigations will be
conducted prior to construction.
HIBR
2012-0092 j B
Resolution USR11-0009
Francisco Barron
• Page 2
d) Adequate fire protection. The LaSalle Protection District serves this property.
e) Parking and vehicle storage. Parking shall not be permitted within any public right-of-way.
An adequate parking area shall be provided to meet the parking needs of employees,
company vehicles, visitors and customers.
f) Agricultural zone setback and offset requirements. The proposed building will meet all
minimum setback requirements.
g) Access. The proposed access is off of County Road 30. Access Permit No. pending
h) Access to public rights-of-way. Public Access to County Road 30 is pending.
i) Buffering from adjacent properties.The majority of property in the vicinity of this facility is
zoned Agriculture. The nearest residences are to the south and southwest. Two
residences are approximately 450 feet and one residence is approximately 1200 feet.
The owner has agreed to screen the property, which includes screening outside vehicle
storage.
j) Uses by special Review in the Agricultural Zone District shall be located on the least
prime soils on the property. The property has been removed from productive farmland for
some time.
Sec 23-2-250 Operation standards
• A. Comply with noise standards, Sec 25-12-101. The applicant will comply with the
Industrial and commercial noise standards.
B. Comply with lighting standards. Exterior lighting is limited to security and all lighting will
be directed downward and not out or up.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are no facilities and businesses similar to the one proposed in the area. However, staff
has not received public opposition or opposition from surrounding property owners with
respect to this case.
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 property is not located in a municipal referral area or in an area with an adopted Master
Plan of an affected municipality. This property is zoned Agriculture and all the properties
surrounding this property are zoned Agriculture. Future development of the area will
predominately remain in agricultural production and retain rural uses.
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)
Resolution USR11-0009
Francisco Barron
• Page 3
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 appears to have been removed from productive farmlands some time ago.The
property is not irrigated and the current well permitted through the State limits outdoor water
usage.
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 owner of the property has taken adequate measures to make certain that the health,
safety and welfare of the business. The applicant has complied with all Federal, State and
Local regulations as applicable.
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. The plat shall be amended to delineate the following:
• A. All sheets of the plat shall be labeled USR11-0009 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. Please show the approved access(es)on the plat and label them with the approved access
permit number. The approved access permit number will be provided when the applicant
either submits the additional items(written permission and a recorded easement)to access
across the neighboring property to the CR 47 right-of-way or when the applicant resubmits a
revised access permit application form showing only the access on to CR 30. (Department of
Public Works)
E. Please label the water quality feature as a"No Build/Storage Area"on the plat. (Department
of Public Works)
F. CR 30 is a collector road and requires an 80-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is
measured from the future right-of-way line.Weld County has 30 feet of unmaintained County
right-of-way east of and adjacent to the CR 47 section line.
G. Adequate truck turning radiuses(45' min)are required at the access point on to CR 30. The
access and driveways interior to the property must consist of an all-weather surface such as
recycled asphalt or the equivalent or a tracking control pad may be required at the access
point to prevent tracking of mud and debris on to the County roadway.
•
Resolution USR11-0009
Francisco Barron
• Page 4
2. Prior to recording the plat:
A. An improvements agreement may be required if the above improvements (all-weather
surface/tracking pad, turn radiuses, water quality depression) as well as any requirements
from the Planning Department (fencing, landscaping, etc.) are not fully installed prior to
recording the plat.
B. It appears that there is a parcel under other ownership between the USR parcel and the
County right-of-way. An easement will need to be obtained in order to cross this parcel and
access onto the unmaintained section line right-of-way. Please record the easement via
separate document and submit a copy of the recorded easement as well as written
permission from the landowner to cross the property with a business access.
C. A non-exclusive license agreement between the applicant and the County is required to
utilize the unmaintained County right-of-way along the CR 47 section line.
D. 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.
E. 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.
• F. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that there is a well appropriately permitted for the commercial use.
G. 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).
H. The applicant shall submit documentation that floor drain wastes from the shop are
captured in a watertight vault and hauled off for proper disposal.
The applicant shall submit written evidence from the Colorado Department of Health and
Environment stipulating the lined pit is acceptable for waste storage.
3. Prior to the release of building permits:
A. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit.
. B. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment(CDPH&E),Water Quality
Control Division, to cover stormwater discharges from construction sites(5 CCR-1002-61).
Alternately,the applicant can provide evidence from CDPH&E that they are not subject to the
CDPS requirements.
Resolution USR11-0009
Francisco Barron
• Page 5
4. Prior to the release of the 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.
5. Upon completion of the 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)
6. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required thirty (30) 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)
7. 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
sent to dhuerteraco.weld.co.us. (Department of Planning Services)
8. 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)
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robed Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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.
S
Resolution USR11-0009
Francisco Barron
• Page 6
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 1, 2011.
Dated the 1s'of November, 2011.
1.6kit i uitiV)
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Barron Francisco, do Chet Thompson
USR11-0009
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support and
Service (Oil and Gas Equipment Refurbishment, Storage and Shop) in the A (Agricultural) Zone
District.
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 as listed and described in the application prepared by the applicant
is as follows: A total of six (6) employees. (Department of Planning Services)
4. The hours of operations as listed and described in the application are as follows: Monday-Sunday
from 7:00AM to 7:00PM. The owner agrees to provide written notice of the request to extend the
hours within twenty-four(24) hours to the Department of Planning Services (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. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Portable toilets may be used at the site to and until six (6) months following
the date of the recording of the final plat. (Department of Public Health and Environment)
12. 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)
13. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e.domestic use
• only, etc.Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time.
Resolution USR11-0009
Francisco Barron
Page 8
• 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. 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)
18. 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)
19. This area IS NOT in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency
Management Agency (FEMA).
20. 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.
21. 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)
22. 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. (Department of Public Works)
23. Weld County will not maintain on-site drainage related features. (Department of Public Works)
24. No parking or staging of commercial vehicles on the county road is allowed. (Department of Public
Works)
25. 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.
26. 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.
27. 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.
Resolution USR11-0009
Francisco Barron
Page 9
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
• they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sand bars, 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.
'I - I - 2oi(
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, November 1, 2011
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 ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Also Present: Michelle Martin, Chris Gathman,Tom Parko,and Kim Ogle, Department of Planning Services;
Heidi Hansen and Don Carroll, Department of Public Works; Lauren Light and Mary Evett, Department of
Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the October 4,2011 Weld County Planning Commission minutes,seconded
by Jason Maxey. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR11-0009
APPLICANT: Francisco Barron
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an Oil and Gas Support and Service (oil and gas equipment
refurbishment, storage and shop) in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A RE-3962 Part W2SW4 Section 24,T3N,65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 30 and east of and adjacent to CR 47.
Tom Parko, Planning Services, stated that the owner of record is Francisco Barron. The applicant's
representative, Chet Thompson, has a pending contract to purchase the property from Mr. Barron pending
land use approval. Mr. Thompson's proposed business at this location is primarily oil and gas support and
service. More specifically, High Country Sales supplies oil and gas equipment and refurbishes and stores tank
batteries, etcetera. The applicant intends to construct a building and will have some outside storage. The
owner has agreed to install an opaque fence around the perimeter of the property as there are three homes
south of County Road 30.
Access to the site will be from County Road 30. The applicant has agreed not to utilize the Section Road for
access due to easement issues with an adjacent property owner. The plat will be revised accordingly. County
Road 30 is a paved road.
The number of employees proposed to be employed at this site will be between four(4)to six(6)employees
as stated in the application.
• Hours of operation is proposed to be seven (7) days a week from sunrise to sunset.
The proposed site is not located within a three-mile referral area. However, the Town of Hudson was sent a
EXHIBIT 1
I C
use. -stile
• referral and they responded with no concerns or objections.
Nine referral agencies have reviewed this case and three offered comments, some with specific conditions.
There has been no correspondence received either for or against this proposal.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, stated that County Road 30 is classified as a collector roadway, requiring 80 feet
of right-of-way at build out. In October 2010, there were 701 vehicles on that roadway. The County has 30
feet of unmaintained right-of-way along the eastern side of the County Road 47 Section Line. Currently,the
applicant is proposing the two accesses: one from County Road 30 and another into that unmaintained right-
of-way but they will be crossing another parcel there. Therefore,the applicant has the option of either getting
an easement across that parcel and then completing a Non-exclusive License Agreement with Public Works
to use that unmaintained county right-of-way or just take off that second access and only show the access
onto County Road 30.
Ms. Hansen said that they are also working on tracking control with the applicant as well. If all of the driving
area will be recycled asphalt or something along those lines we wouldn't have a concern. If the area will be
left as dirt or gravel then the standard tracking control with the double cattle guards will be required.
Lauren Light, Environmental Health, stated that there was an existing well permit for this property for domestic
use. The Division of Water Resources stated that the well would need to be re-permitted to allow for the
commercial use and is included in the conditions of approval. The application also states that a septic system
would be installed in the future when they construct a building. This is also included in the conditions of
approval; however, it is listed under the"Prior to Certificate of Occupancy". In the application it is stated that
they wanted to use portable toilets until the building is constructed. Ms. Light noted that there is not a trigger
• anywhere as to when that building would be constructed. According to Department Policy portable toilets are
not acceptable and suggested that the Planning Commission inquire on the timeline of the building to create a
trigger.
Ms. Light indicated that no Dust Abatement Plans or Waste Handling Plans were received and are listed in the
conditions of approval as well.
Ms. Light expressed concern that according to the application they want to use lined pits for fluid containment.
However this would require State approval because that is considered an impoundment. The Health
Department would prefer that they use a vault that would be pumped out regularly. In addition, this is also
included in the conditions of approval.
Ms. Light stated that they are not sure if an Air Emissions Permit is needed. She indicated that the application
did not have much detail and did not state if there was any painting to be done on site. Therefore, it is
included in a condition of approval.
Ms. Light recommended deleting the second sentence on Development Standard 12 as it looks like an error
from a previous case.
Robert Grand moved to delete the second sentence in Development Standard 12, moved by Bill Hall. Motion
carried.
Chet Thompson, owner of High Country Sales, stated that most of their equipment is stored off site at other
locations and deals a lot with the oil and gas companies. The used equipment is brought in and is required to
be empty but is not always clean. He said that is why they need a pit in case they need to wash something
out. He added that he is willing work on a suitable pit that everyone is happy with. Mr. Thompson said that
they buy items from the local operators and it is brought to the site and stored. Those items are then
• refurbished and sold.
Commissioner Lawley inquired about the proposed use of portable toilets and how long the applicant intends
2
• to use them. Mr. Thompson said that they would like to utilize them as long as possible until they can
construct the building. He added that they would like to start moving some equipment on site. He intends to
move the equipment from locations that he is currently renting and grow into this facility.
Commissioner Maxey asked when he might expect to have employees onsite. Mr.Thompson said that after
they move the equipment in he would like to construct the pit and then intends to construct the building.
Commissioner Hall clarified if the applicant thought that the building would be constructed within six (6)
months. Mr. Thompson said that he would like to start in 6 months but sometimes things take longer than he
thinks.
The Chair asked Ms. Light to amend or add language to include a trigger for the 6 month allowance for
portable toilets, Bruce Barker, County Attorney, recommended adding "Portable toilets may be used at the
site to and until six (6) months following the date of the recording of the final plat"to Development Standard
11.
Robert Grand moved to add the language as stated by Mr. Barker to Development Standard 11,seconded by
Mark Lawley. Motion carried.
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 he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0009, 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 Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. 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.
The Chair read the next case into record.
CASE NUMBER: USR11-0001
APPLICANT: Dan Odell
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and 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,
(sawmill and retail sales of lumber and furniture) in the A
(Agricultural) Zone District
LEGAL DESCRIPTION: Part SW4 Section 1, T1N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of State Hwy 52 and east of and adjacent to CR 23.
Michelle Martin, Planning Services, stated that the surrounding property to the south,east and west are zoned
agricultural. No comments have been received from the surrounding property owners. The property to the
north is zoned C-3 (Business Commercial) case number Z-54 and is currently being used as an oil and gas
support business. Therefore, given the minimal impact of the proposed business, the use will be compatible
with the surrounding land uses.
• The property is not located within an Intergovernmental Agreement Area but does lies within the three mile
referral area for the City of Fort Lupton and the Town of Frederick. The Town of Frederick stated in their
referral dated July 25, 2011 that they have no conflicts with the proposed development. The City of Fort
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