HomeMy WebLinkAbout20122441.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION a
9 EXHIBIT
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI U5F- l?-OCR a ;
• Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: USR12-0032
APPLICANT: VIRTUS&AMY BANOWETZ
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT(USR-1374)FOR A BED AND BREAKFAST FACILITY;ONE(1)
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20 A;AND A USE PERMITTED AS A USE BY RIGHT,AN
ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, 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(EVENTS CENTER AND SEPTIC BUSINESS)IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2358;PART S2SW4 SECTION 31,T5N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50 AND EAST OF AND ADJACENT TO CR
49.
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.Goal 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." Application materials indicate the site can support the proposed use and as a Condition
of Approval the applicant will be required to screen the outdoor parking areas from the
surrounding properties and the pubic right-or-way.
Section 22-2-100.D. C.Goal 4. states: "New commercial uses or expansion of existing
commercial uses should meet existing federal, state and local policies and legislation."
Conditions of Approval and Development Standards will ensure that the propose use meets the
existing federal, state and local policies and legislation.
Section 22-6-20 A. ECON.Goal 1. State: "Encourage the expansion of existing businesses and
the location of new industries that will provide employment opportunities in the County."The
application materials state that the propose uses on the subject property may require as many
as five (5) employees.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Sections 23-3-40.U., 23-3-40.M., and 23-3-40.S. of the Weld County Code allow
for,A Site Specific Development Plan and Amended Use By Special Review Permit(USR-1374)
for a bed and breakfast facility; one (1) single-family dwelling unit per lot other than those
permitted under Section 23-3-20 A;and a Use Permitted as a Use By Right, an Accessory Use,
or a Use by Special Review in the Commercial or Industrial Zone Districts, 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 (Events Center and
Septic/Cement Contractor and Storage Building Business) in the A(Agricultural)Zone District.
9o/ — anti
RESOLUTION USR12-0032
VIRTUS&AMY BANOWETZ
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 facility is located in a rural agricultural area approximately 2.5 miles south of Kersey. The
existing structures on the subject property include a primary dwelling unit, a 14'x40'shed[barn],
a 40'x120' building [event center] and a temporary house [bed and breakfast] and a small
outbuilding. The adjacent properties to the north, east and west are mainly utilized for farming
and grazing. The property to the south is primarily residential. This residence is directly south of
the subject property approximately 300 feet south of the proposed event center on the south
side of County Road 50. The Weld County Department of Planning Services has received no
letters/comments from the surrounding property owners. The Landscaping, Screening, and
Lighting Plan in addition to the Development Standards and Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent properties and will
ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The subject property is located within the three-mile referral area of the Town of Kersey. The
Town of Kersey in their referral dated May 25, 2012 stated that they have no concerns with the
proposed development.
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
• and Drainage Impact Fee areas.
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 existing and proposed facility is located on soils designated primary as"Other"per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The proposed Amended
USR will not take any Prime (Irrigated) Farmland out of production.
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 Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250,Weld County Code), Conditions of Approval and Development Standards can 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.
The Planning Commission recommendation for approval is conditional upon the following:
• 1. Prior to recording the plat:
RESOLUTION USR12-0032
VIRTUS &AMY BANOWETZ
PAGE 3
• A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
B. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of
the 2010 Americans with Disability Act and provide an adequate number of parking spaces. The
applicant shall provide 1 parking space per 125 square feet of assembly area for the event
center and 1 parking space per unit for the bed and breakfast. The events center building is
approximately 4,800 square feet for a total of 39 parking spaces with one (1) additional for the
bed and breakfast. Two of the 40 parking spaces shall meet the requirements of ADA. Further,
the applicant shall delineate curb stops for the parking spaces shown on the Use by Special
Review plat. (Department of Planning Services)
C. The applicant shall adhere to the ADA standards for the subject property at all times. Non-
ambulatory/ambulatory parking spaces shall be identified and shown on the plat. The ADA
parking spaces must be the closest possible to the entrance. Signage will be required. Curb
cuts, ramps, and other methods of providing accessibility shall be required to reasonably attempt
to meet the requirements of the ADA standards. (Department of Planning Services)
D. The applicant shall submit a Loading, Parking and Circulation Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
E. In accordance with Chapter 23,Article II, Division 4, Section 23-2-240(A)(10)the applicant shall
•
submit a Screening Plan to the Department of Planning Services for review and approval.
(Department of Planning Services)
F. In accordance with Chapter 23,Article II, Division 4, Section 23-2-260(B)(12)the applicant shall
submit a Landscape Plan to the Department of Planning Services for review and approval.
(Department of Planning Services)
G. In accordance with Chapter 23,Article IV, Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity, size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of Planning
Services)
H. Section 23-3-360.F. states, in part,that, "any lighting...shall be designed, located,and operated
in such a manner as to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties...." The applicant shall
submit a site lighting plan that shall comply with Section 23-3-360.F. (Department of Planning
Services)
I. The applicant shall address the requirements of The Farmers Reservoir and Irrigation Company
as outlined in their referral dated May 31, 2012. Written evidence of such shall be provided to
the Department of Planning Services. (Department of Planning Services)
J. The applicant shall address the requirements of The Weld County Building Department as
outlined in their referral dated June 26,2012. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
• K. The existing individual sewage disposal system (Permit No. SP-0000419) will require to be
upgraded for the addition of a bedroom for the bed and breakfast or rental unit, and for the
proposed event center. The upgraded septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
RESOLUTION USR12-0032
VIRTUS&AMY BANOWETZ
PAGE 4
• L. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per
day the applicants shall provide evidence that all requirements of the Water Quality Control
Division (WQCD) of the Colorado Department of Public Health and Environment (specifically
Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment. Alternately, the
applicant can provide evidence from the WQCD that they are not subject to these requirements.
(Department of Public Health and Environment)
M. The applicant shall submit evidence of an Underground Injection Control(UIC)Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic
system(a septic system with the capacity to serve 20 or more persons per day). Alternately,the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
N. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0032. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H. states that,
"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)
5) The approved Loading, Parking and Circulation Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) Show and label the accesses on the Plat with the Approved Access Permit Number(will be
provided). (Department of Public Works)
10) Provide a gate or chain or some other means to prevent guests to the event center from
turning into the first access. If a gate or chain is used please place it far enough back from
the roadway that a vehicle can pull completely off of the County roadway before stopping to
open it. (Department of Public Works)
11) The applicant shall show the approved water quality feature on the plat and label it as a no
build or no storage area. (Department of Public Works)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. 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 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)
RESOLUTION USR12-0032
VIRTUS &AMY BANOWETZ
PAGE 5
• 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerter(o�co.weld.co.us. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
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 August 7, 2012.
Dated the 7th of August, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• USR12-0032
1. A Site Specific Development Plan and Amended Use By Special Review Permit(USR-1374)for a bed
and breakfast facility; one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20 A; and a Use Permitted as a Use By Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts, 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 (Events Center and Septic/Cement Contractor and Storage
Building Business) 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 full-time on-site employees including the property owners shall be limited to 5 as
stated in the application materials. (Department of Planning Services)
4. The hours of operations for the events center shall be limited to 6:00 a.m.-12:00 a.m. (midnight)7-
days a week as stated in the application materials. (Department of Planning Services)
5. The hours of operations for the bed and breakfast/rental shall be 24 hours a day/7-days a week.
(Department of Planning Services)
6. The hours of operations for the septic business shall be limited to 8:00 a.m. to 5:00 p.m. Monday
through Friday as stated in the application materials. (Department of Planning Services)
7. The maximum occupancy for the events center shall be 100 people as stated in the application
materials. (Department of Planning Services)
• 8. The landscaping, screening, signs, and parking on site shall be maintained in accordance with the
approved Landscape/Screening/Sign/Parking Plans. (Department of Planning Services)
9. No vehicle washing, concrete processing, mixing, pouring, or forming shall be conducted on site.
(Department of Planning Services)
10. 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)
11. 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)
12. 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)
13. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
14. 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)
15. 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 and
.
Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
RESOLUTION USR12-0032
VIRTUS&AMY BANOWETZ
PAGE 7
• 17. 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)
18. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
19. 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 and
Environment)
20. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
21. 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)
22. There shall be no parking or staging of vehicles on the County Roadway. (Department of Public
Works)
23. 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)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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. 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;and Neither
direct nor reflected light from any light source may create a traffc hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
27. 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)
28. 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)
29. 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)
30. 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)
31. 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)
RESOLUTION USR12-0032
VIRTUS &AMY BANOWETZ
PAGE 8
• 32. 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. (Department of
Planning Services)
33. 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)
34. 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)
35. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
• removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR12-0032
VIRTUS&AMY BANOWETZ
PAGE 9
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
•
g/7/i2._ EXHIBIT
pa minu s 11,
• REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICES FACILITY [BUCKINGHAM
PIPELINE BOOSTER PUMP STATION] IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: LOT A RECX12-0039; E2 SECTION 9, T7N, R57W OF THE 6TH P.M., WELD
COUNTY,COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 82; 0.5 MILES WEST OF CR 139.
Dr Kim Ogle, Planning Services, presented Case USR12-0028, 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 drainage conditions and requirements of the site.
DP Lauren Light, Environmental Health, reviewed the requirements regarding portable toilets and bottled
water, on-site dust control,Waste Handling Plan and State Air Emissions Permit.
ID" Rod Kilgore,Williams Midstream, stated that Williams Midstream is the operator of the Overland Pass
Pipeline. He stated that this is an expansion project for the Overland Pass Pipeline which runs from Opal,
Wyoming to Conway, Kansas. They are in the process of building 5 new pump stations on this pipeline
spaced approximately 60 miles apart. Mr. Kilgore provided paper copies of the layouts of the proposed site
plan.
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 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 USR12-0028 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=7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey,Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
D. CASE NUMBER: USR12-0032
APPLICANT: VIRTUS&AMY BANOWETZ
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT(USR-1374)FORA BED AND BREAKFAST FACILITY;ONE(1)
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20 A;AND A USE PERMITTED AS A USE BY RIGHT,AN
ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, 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(EVENTS CENTER AND SEPTIC BUSINESS)IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2358;PART S2SW4 SECTION 31,T5N,R64W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50 AND EAST OF AND ADJACENT TO CR
49.
• r Diana Aungst, Planning Services, presented Case USR12-0032, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
2
• with the attached conditions of approval and development standards.
DP Heidi Hansen,Public Works, reported on the current traffic and access conditions and requirements of
the site. Commissioner Grand asked about the increased daily traffic on County Road 49 with these events.
Ms. Hansen stated that they don't know how often they will have events. Commissioner Maxey stated that
there is a crest on County Road 49 that is north of the access not very far and was concerned about traffic
safety. Ms. Hansen stated that they can impose haul routes for commercial operations but they cannot
enforce haul routes for public events.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and Waste Handling Plan. They have no concerns with this request.
Virtus Banowetz, 24081 CR 50, stated that he would like to use his existing facility for a small event
center such as wedding receptions, reunions and gatherings. In addition, Mr. Banowetz would like to add on
to the smaller home and make it into a bed and breakfast or country townhome rental.
Mr. Grand expressed his concern with southbound traffic turning left given the amount of traffic on CR 49.
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 Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
1' Motion: Forward Case USR12-0032 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 Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand expressed his concern with the southbound traffic turning left given the amount of traffic
on County Road 49.
Commissioner Maxey echoed Mr. Grand's comments regarding traffic.
CASE NUMBER: USR12-0033
APPLICANT: KERR-MCGEE GATHERING LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (A 115-KV
SUBSTATION AND AN APPROXIMATELY 1.5 MILE LONG 115-KV
TRANSMISSION LINE TO CONNECT THE XCEL HUDSON-FORT LUPTON
TRANSMISSION LINE INTO THE PROPOSED SUBSTATION) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE W2SE4 AND PART OF THE NW4 OF SECTION 14,T2N, R66W;
PART OF THE E2 SECTION 23,T2N, R66W; PART OF THE NE4 OF SECTION
14,T2N, R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SUBSTATION:SOUTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY
1.5 MILES EAST OF CR 31.
POWER LINE: RUNNING SOUTH OF AND ADJACENT TO COUNTY ROAD 22
TO APPROXIMATELY 1/2 MILE NORTH OF COUNTY ROAD 18 AND
APPROXIMATELY 1.5 MILES EAST OF COUNTY ROAD 31.
Jason Maxey recused himself from the meeting as he is employed by United Power who this project is going
•
through.
3
• 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= 7).
Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert
Grand.
Commissioner Grand commented that it is always good to be a good neighbor and commended Mr. Platt in
being a good neighbor.
Commissioner Maxey echoed Mr. Grand's comments.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss. Commissioner Grand asked what the policy is with regard to recognizing past
Planning Commission members for their service. Ms. Ranslem said that they will be recognized on Monday,
August 13th at the Board of County Commissioners hearing at 9:00 am for their service.
Meeting adjourned at 3:55 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
45 „a Ra ,_ . /„ ,� Location:1555 N 17th Ave
��tau 7/�c(/ Date:2012.08.1015:48:10-06'00'
Kristine Ranslem
Secretary
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