HomeMy WebLinkAbout20121672.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: USR12-0018
APPLICANT: TESS LEASES&SALES LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INLCUDING
OIL AND GAS SUPPORT&SERVICE(LIGHT INDUSTRY OIL FIELD RENTAL&
SERVICE COMPANY) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2569;PART SW4 SECTION 9,T7N, R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO
LOCATION: NORTH OF AND ADJACENT TO STATE HWY 14;EAST OF AND ADJACENT TO
CR 29.
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 1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Section 22-5-100 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 vacant lot west of and adjacent to an existing
construction business approved under USR-1328. Two existing feedlot facilities(approved
under AMSUP-205 and SUP-57) are located immediately to the west and southwest of the
site. Agricultural land is located immediately to the north and south of the site. The nearest
single family residences are located approximately 600-feet to the east and approximately
1,500 feet to the west of the site.
Conditions of approval and development standards are proposed to address impacts
associated with the use and to help ensure compatibility with the surrounding area. The
applicant is proposing a metal privacy fence to screen the outdoor storage area and the
Department of Planning Services is requiring a lighting plan for the facility be submitted and
approved to address impacts to adjacent properties and to the adjacent publicly maintained
rights-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&
Service facilities as a Use by Special Review in the A(Agricultural)Zone District.
•
1O1 Di� '"d 3
RESOLUTION USR12-0018
TESS LEASES&SALES LLC
PAGE 2
• C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed use is to be located on a vacant lot west of and
adjacent to an existing construction business approved under USR-1328. Two existing
feedlot facilities(approved under AMSUP-205 and SUP-57) are located immediately to the
west and southwest of the site.Agricultural land is located immediately to the north and south
of the site. The nearest single family residences are located approximately 600-feet to the
east and approximately 1,500 feet to the west of the site. No phone calls or correspondence
has been received in regards to this application.
Conditions of approval and development standards are proposed to address impacts
associated with the use and to help ensure compatibility with the surrounding area. The
applicant is proposing a metal privacy fence to screen the outdoor storage area and the
Department of Planning Services is requiring a lighting plan for the facility be submitted and
approved to address impacts to adjacent properties and to the adjacent publicly maintained
rights-of-way.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three-mile referral areas of the Town of Ault and
the Town of Severance. No referral response has been received from either Town.
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
"Prime"according to the Prime and Important Farmlands Map of Weld and Larimer Counties.
The size of the parcel (3 acres) provides limited possibilities for agricultural production.
G. Section 23-2-220.A.7 —There are 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 that there are adequate provisions for the
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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0018. (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)
RESOLUTION USR12-0018
TESS LEASES&SALES LLC
PAGE 3
• D. 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)
E. County Road 29 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. County Road 29 is
maintained by Weld County. (Department of Public Works)
F. The projected right-of-way need for State Highway 14 is 100-feet from the centerline of State
Highway 14. A total of 100-feet from the centerline of State Highway 14 shall be labeled as
"Future State Highway 14 right-of-way." All setbacks shall be measured from the edge of
future right-of-way. State Highway 14 is maintained by the Colorado Department of
Transportation (COOT). (CDOT)
G. Please label the water quality feature on the plat with the volume and label as "No build or
Storage area". (Department of Public Works)
H. A stop sign will be required at the exit of the site. Show and label the stop sign on the plat.
(Department of Public Works)
Show the approved access on the plat and label it with the approved access permit number
(AP#). (Department of Public Works)
• J. The screening plan shall be indicated on the plat. (Department of Planning Services)
K. 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. Each parking space
shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from
extending beyond the boundary of the space and from coming into contact with other
vehicles, walls, fences or plantings. (Department of Planning Services)
L. The approved signage. (Department of Planning Services)
2. The applicant shall address the requirements of the Weld County Department of Public Works, as
stated in the referral response dated April 17, 2012. The applicant shall address the following:
An Improvements and Road Maintenance Agreement is required. The access improvements shall
consist of a 60-foot radius to accommodate turning trucks and a tracking pad consisting of either
recycled asphalt or a double cattle guard (preferred) across the access to prevent the tracking of
mud or debris on to the gravel roadway. The agreement will also address screening and
landscaping of the site. The Improvements Agreement would designate the haul route from your
entrance to State Highway 14. Public Works will provide a draft of the agreement after the Board
of County Commissioner's hearing for your project.
A Weld County Road Access Permit Application Form is included in the packet. The applicant has
supplied this document with photographs. A$75.00 fee is required for all new access points.
Please submit that fee to process your Access Permit.
3. The applicant shall submit a revised 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:
RESOLUTION USR12-0018
TESS LEASES&SALES LLC
PAGE 4
• 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). (Department of Public Health and Environment)
4. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and
approval. (Department of Planning Services)
5. The boundaries of USR-1328 currently cover this property. The applicant shall submit a
request/application to partially vacate USR-1328 so it is no longer located on this property.
(Department of Planning Services)
6. The applicant shall submit a Sign Plan to the Department of Planning Services, for all Facility
identification signs, including location and size.The maximum sign size for freestanding signs in the A
(Agricultural)Zone District is 16-square feet. (Department of Planning Services)
7. Upon completion of 1-6 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 one-hundred twenty(120)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
• (Department of Planning Services)
8. In accordance with Weld County Code Ordinance 2012-3 approved April 30,2012,should the plat not
be recorded within the required one-hundred (120) days from the date the Use by Special Review
Permit was approved by the Board of County Commissioners a$50.00 recording continuance charge
may be added for each additional 3 month period. (Department of Planning Services)
9. 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 maps(≥co.weld.co.us. (Department of Planning Services)
10. 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)
11. Prior to construction activities:
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 Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE storm water permit. (Colorado Department of Public Health &
Environment)
12. Prior to Release of Building Permits:
•
RESOLUTION USR12-0018
TESS LEASES&SALES LLC
PAGE 5
• A. A building permit application must be completed and two complete sets of engineered 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. (Department of
Building Inspection)
B. 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)
C. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
D. Prior to the release of building permit, the applicant shall submit evidence of approval from
the Ault Fire Protection District to the Weld County Building Department. (Department of
Building Inspection)
13. Prior to 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 & Environment)
• Motion seconded by Bill Hall.
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 June 19, 2012.
Dated the 19th of June, 2012.
•
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tess Leases and Sales, LLC
•
USR11-0018
1. A Site Specific Development Plan and Special Review Permit for Mineral resource development
facilities including Oil&Gas Support&Service(Light Industry Oil Field Rental&Service Company)in
the A (Agricultural) Zone District 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 employees shall be limited to ten (10) as stated in the application materials.
(Department of Planning Services)
4. Normal Hours of operation shall be from 7:00 AM to 5:00 PM Monday—Friday.The business is open
(on call) 24 hours a day for emergency service. (Department of Planning Services)
5. All work vehicles and equipment shall be located within the boundaries of the area screened and
enclosed by the six-foot privacy fence. (Department of Planning Services)
6. 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)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
• Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. 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)
11. 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)
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
13. 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)
• 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
RESOLUTION USR12-0018
TESS LEASES&SALES LLC
PAGE 7
• 15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. 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. (Department of
Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
23. 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)
24. The existing screening on site shall be maintained. (Department of Planning Services)
25. 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)
26. 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.
27. 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)
28. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
• 29. Weld County will not maintain on-site drainage related areas or medians. This must be addressed
by the owner. (Department of Public Works)
RESOLUTION USR12-0018
TESS LEASES& SALES LLC
PAGE 8
• 30. 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 Best Management Practices (BMPs)to be utilized, typical
installation and maintenance notes for all BMPs to be utilized, and a copy of the approved
Colorado Department of Public Health & Environment(CDPHE) storm water permit. (Department
of Public Works)
31. 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)
32. Each parking space shall be equipped with wheel guards or curb blocks when necessary to prevent
vehicles from extending beyond the boundary of the space and from coming into contact with other
vehicles, walls, fences or plantings. (Department of Public Works)
33. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for
materials and the cost of installation for new road access culverts whenever the installation of a
culvert is made necessary by the creation of a new access from private property to a County road, by
any alteration of the natural flow of water across private property by the owner,or for any other reason
created by any owner of private property. The culvert shall be installed according to the specification
of the Department of Public Work as to size and location in the County rights-of-way or other County
property in which such culverts may be installed. The culvert size will be determined in accordance
with standards engineering practices. The property owner shall be responsible for cleaning the
borrow ditch to the extent required to accommodate the road access culvert and insuring proper
drainage. (Department of Public Works)
34. A building permit will be required for any new construction,alteration,or addition to any building on the
property. (Department of Building Inspection)
• 35. 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)
36. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Ault Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
37. 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.
38. 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.
39. 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 USR12-0018
TESS LEASES&SALES LLC
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,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.
•
1 c rinutS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, June 19, 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,Joyce Smock,Mark Lawley,Nick Berryman,
Robert Grand, Thomas Holton.
Absent/Excused: Jason Maxey.
Also Present: Kim Ogle and Chris Gathman,Department of Planning Services;Dave Bauer and Heidi Hansen,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the June 5, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Alexander Zauder.
Motion passed unanimously.
CASE NUMBER: USR12-0022
APPLICANT: ROBERT L SELTZER FAMILY TRUST
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
• DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISC.
STORAGE)PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT D REC EXEMPT RE-4482;PART SW4/W2SE4 SECTION 34,Ti N,R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO
LOCATION: NORTH OF CR 2; EAST OF AND ADJACENT TO CR 19.
Chris Gathman, Planning Services, stated that the applicants have requested a continuance for Case
USR12-0022 until the July 3, 2012 Planning Commission hearing so that the entire ownership will be able to
attend.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
I' Motion: Continue Case USR12-0022 to the July 3, 2012 Planning Commission hearing, Moved by
Robert Grand, Seconded by Bill Hall. Motion carried unanimously.
CASE NUMBER: USR12-0018
APPLICANT: TESS LEASES&SALES LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INLCUDING
OIL AND GAS SUPPORT&SERVICE(LIGHT INDUSTRY OIL FIELD RENTAL&
SERVICE COMPANY)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2569; PART SW4 SECTION 9,T7N,R66W OF THE 6TH
• P.M.,WELD COUNTY, COLORADO
LOCATION: NORTH OF AND ADJACENT TO STATE HWY 14;EAST OF AND ADJACENT TO
CR 29.
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DI" Chris Gathman,Planning Services,presented Case USR12-0018,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, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Jenni Stults stated that she is the representative for Tess Leases&Sales LLC. She was available for
any questions that the Planning Commission might have.
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 Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
D. Motion:Forward Case USR12-0018 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 Robert Grand,Seconded by Bill Hall.
Vote:Motion carried by unanimous roll call vote(summary:Yes=8).
Yes:Alexander Zauder,Benjamin Hansford,Bill Hall,Joyce Smock,Mark Lawley,Nick Berryman,Robert
Grand,Thomas Holton.
CASE NUMBER: USR12-0024
APPLICANT: MICHAEL AND GINA HERGENREDER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041,MAJOR FACILITY OF A PUBLIC UTILITY(THREE 230
• kV CIRCUIT BREAKERS, EIGHT 230kV SWITCHES, ONE 230/12.46 kV
TRANSFORMER, FOUR 12.5 kV DISTRIBUTION BAYS AND RELATED
STRUCTURES [CAREY SUBSTATION)) IN THE A(AGRICULTURAL)ZONE
DISTRICT
LEGAL DESCRIPTION: LOT C RECX12-0036;BEING PART SE4 SECTION 18,T7N,R67W OF THE 6TH
P.M.,WELD COUNTY,COLORADO
LOCATION: 0.5 MILES SOUTH OF STATE HWY 14, 0.5 MILES WEST OF CR 15 AND
APPROXIMATELY 1,740 FEET NORTH OF CR 80.
Kim Ogle, Planning Services, presented Case USR12-0024, 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, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Steve Gray, 1100 West 116th Ave, Westminster, Colorado, stated that Tri-State Generation and
Transmission is constructing this substation to support Poudre Valley's distribution system.
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 Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
ID* Motion:Approve Case USR12-0024 along with the attached Conditions of Approval and Development
Standards,Moved by Bill Hall,Seconded by Benjamin Hansford.
Vote:Motion carried by unanimous roll call vote(summary:Yes=8).
• Yes:Alexander Zauder,Benjamin Hansford,Bill Hall,Joyce Smock,Mark Lawley,Nick Berryman,Robert
Grand,Thomas Holton.
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