HomeMy WebLinkAbout20111814.tiff 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
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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
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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 Lauder.
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, T1 N, 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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Lupton indicated in their referral dated August 30, 2011, "that they have met with the applicant regarding
potential annexation and how the property is designated by the Town Comprehensive Plan. The property is
designated as mixed use and agricultural uses for future zoning. County Road 23 is designated as an arterial
roadway with future right-o-way of 120 feet. There is also a trail designated on the eastern portion of the
property. Fort Lupton is not opposed to the proposed commercial venture but would like to continue the
discussion of potential annexation and development of the property through the Fort Lupton process. Should
this proposal be approved we request that the future right-of-way on County Road 23 and the future trail
corridor be taken into account and be conditions of approvals made by the Planning Commission and County
Commissioners.
The majority of the surrounding area is zoned Agriculture with C-3 zoning just north of the site. Staff believes
that the Conditions of Approval and Development Standards will ensure that the use will be compatible with
existing surrounding land uses.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Lauren Light, Environmental Health stated that water will be provided by a well.The applicant has submitted a
Change of Use to the Division of Water Resources. There is an existing septic system on site for eight(8)
people. If that number is exceeded,the system could either be enlarged or a new system installed. Ms. Light
recommended adding"if the usage exceeds eight(8) people" at the end of the first sentence in Condition of
Approval 4.
Ms. Light added that there will be an air filtration system in the building and the applicant has submitted an Air
Emissions Permit to the state, which is currently under review.
Jason Maxey moved to amend Condition of Approval 4 as stated by staff, seconded by Bill Hall. Motion
carried.
Heidi Hansen, Public Works, stated that County Road 23 is classified as a collector roadway, requiring 80 feet
of right-of-way at build out. In October 2010, there were 568 vehicles on that roadway. The applicant stated
that they would like to utilize the offsite shared access and the applicant did acquire an easement from the
neighbor as requested. Staff had no additional concerns with this case.
Dan Odell, 5406 CR 23, stated that he started out as an arborist and then started a sawmill operation in
Boulder County. He added that they take trees that go to waste from people's yards, cut and sell the lumber
and also make furniture out of the lumber. Mr. Odell said that he started going through the land use permitting
process with Boulder County; however the site no longer met the use according to their Comprehensive Plan.
He found this site in Weld County and believes that it will work well. He added that currently he only has two
(2)employees and said that the existing septic system should work fine; however he will adjust it as needed.
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 they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0001, 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 Nick Berryman.
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 Planning Commissioners welcomed Mr. Odell to Weld County and commended him on his efforts.
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The Chair read the following case into record.
CASE NUMBER: USR11-0002
APPLICANT: Robert Devoe
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Special Review Permit for Oil
and Gas Support and Service (on-site storage/staging of work
vehicles, trailers, equipment and supplies for servicing oil and gas)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE-2452; Part SW4 Section 9, T4N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to County Road 46 and east of and adjacent
to County Road 53.
Chris Gathman, Planning Services, stated that this request is to correct a zoning violation (ZCV11-00011)for
the presence of a commercial operation without first obtaining the necessary Weld County Zoning Permits.
This complaint was initiated upon an inspection of an almost adjacent violation case turned in by a private
citizen. Should this application be approved and the final plat is recorded,the violation will be dismissed. If this
application is denied, all commercial storage and operations shall be removed from the property within thirty
(30)days. If denied, staff requests this violation case be forwarded to the County Attorney's Office with a delay
of legal action for thirty (30) days.
The site is located immediately to the east of an injection well facility(3rd AMUSR-996), three (3) residences
are located approximately 350 feet to the south of the site, approximately 800 feet to the north of the site and
approximately 1,000 feet to the southwest of the site, agricultural land is immediately to the east of the site and
a 4,000 head dairy facility (AMUSR-1140) is located approximately 1,000 feet to the west.
Eight(8) Referrals were sent out in regards to this case. Five (5) referrals were received either indicating no
conflicts with their interests or have been addressed as conditions of approval and/or development standards.
The site is located outside of the three-mile referral area of a municipality.
No phone calls, letters or e-mails have been received from surrounding property owners regarding this
application.
Given the proximity to the residences, staff is proposing a number of conditions of approval and development
standards to address/ensure compatibility with adjacent land uses. Staff is requiring that the applicant
completely screen the outside storage/parking area for trucks/semis with a minimum 6-foot high opaque fence
and submit a lighting plan for review and approval. Additionally, development standards have been added
outlining noise standards, in addition to limiting the number of employees, and hours of operation to what has
been stated in the application.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Heidi Hansen, Public Works, stated that County Road 53 is classified as a collector roadway, requiring 80 feet
of right-of-way at build out. In March 2010 there were 1,054 vehicles on the roadway. County Road 46 is
classified as a local roadway. In August 2008,there were 84 vehicles on that roadway. The applicant will be
using the existing access onto County Road 46. Staff had no additional concerns with this request.
Mary Evett, Environmental Health, stated that the existing home is served by an existing septic system
permitted for three bedrooms or six people. There are offices that the employees use within the home. The
existing system will need to be evaluated by an engineer to determine if it is adequate for employee use.
Water to the site is provided by Central Weld County Water District. Dust Abatement and Waste Handling
Plans have been submitted and approved. Staff had no additional concerns with this request.
Shawn Devoe, 26015 CR 46, stated that he owns and operates the oilfield construction business that supports
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oil and gas industries. He said that he initially built the house and shop and lived there. He added that he was
not aware that he needed a land use permit to operate his business from there. He said that they operate 5 to
6 days a week and stores the business vehicles there. Mr. Devoe stated that he no longer lives at this site.
He added that the home is utilized as an office facility only. Most of the guys come in the morning to get their
trucks and leave for the day. He further added that there is typically no more than three or possible four
people throughout the day. Mr. Devoe indicated that they are in the process of having an engineer come out
to evaluate the septic 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 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.
Jason Maxey moved that Case USR11-0002, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Mark Lawley.
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 called a recess at 2:35 pm and reconvened the meeting at 2:46 pm.
The Chair introduced the next case into record.
CASE NUMBER: USR11-0010
APPLICANT: Jeffery Reck
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility(roust-a-bout,excavating and port-a-let
service) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: SE-1015; Part NW4NW4 Section 12, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 48; 0.25 miles east of CR 35.
Kim Ogle, Planning Services, stated that the property is currently in violation, (COMP11-00092) as the
violation was initiated due to the operation of Waste Logistics, LLC and associated commercial storage
without the necessary Weld County Zoning Permits. This case has not yet been presented to the Board of
County Commissioners through the violation hearing process.
The site is located within three miles of the City of Greeley and the Towns of LaSalle and Milliken. The Towns
of LaSalle and Milliken returned referrals indicating no conflict with their interests and the City of Greeley did
not return a referral.
The roust-a-bout, excavating and port-a-let service facility is presently in operation on site and is located in an
area that allows good access to the oil field. The entire business is screened from public rights-of-way and
adjacent properties. Lands surrounding this facility are in seed production, agriculture, including the Miller
Feedlot to the north and near oil and gas encumbrances.
The U.S.D.A Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this
property as "Prime". However, there is no irrigation water associated with the parcel. The applicant is
proposing an on-site septic system and the water will be provided by an individual commercial well.
There are four(4) property owners on four parcels within 500 feet of this proposed facility. There have been
no letters or electronic mail received and no telephone calls received for this land use proposal.
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Fourteen referral agencies have reviewed this case and six offered comments,some with specific conditions.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that access is from County Road 48 which is classified as a local gravel
road. Staff requested that the approved Access Permit Number be placed on the plat prior to recording.
There is a retention pond drainage facility on site in the southwest corner. Staff requested that this be labeled
on the plat as a "No Build/No Storage Area" as well.
Mr. Carroll said that access from County Road 48 to Highway 85 has a sight distance problem; therefore they
are recommending that all trucks go back to the west to County Road 35 and then can go either north or south
to access onto Highway 85.
Mary Evett, Environmental Health, stated that the existing septic system on the property was reviewed by an
engineer and was found to be inadequate. She added that it was located under the drive and trucks were
running over it. Therefore the applicant is proposing to install a new engineered designed septic system.
The existing well has been re-permitted for commercial use; however the commercial permit only allows water
to be used for sanitary and drinking purposes. The well cannot be used for dust control, lawn irrigation or any
other purpose.
Ms. Evett requested to amend Condition of Approval 1.F.8 to read "Address the concerns of the Division of
Water Resources as stated in their referral dated September 14, 2011. Evidence of such shall be submitted
to Weld County Environmental Health Services."
Robert Grand moved to amend Condition of Approval 1.F.8 as stated by staff,seconded by Alexander Zauder.
Motion carried.
The applicant provides a portable toilet service and is currently licensed through Weld County as a septic
cleaner. The sewage is taken to the City of Greeley Wastewater Treatment Plant. Staff requested that the
applicant submit plans for the operation and associated structures for the portable toilet wash-out area.
The applicant initially proposed to add a solid waste transfer station on the property; however the applicant told
Ms. Evett that they plan to withdrawn this transfer station proposal. Therefore, staff has requested that they
provide written evidence of such.
Ms. Evett stated that Development Standard 12 may be removed since the well has been re-permitted for
commercial use.
Robert Grand moved to delete Development Standard 12, seconded by Nick Berryman. Motion carried.
Jeffery Reck, 17240 CR 48, stated that he has a roll-off dumpster and portable toilet service for oil and gas
companies. This area will be used for storage of this type of equipment:.
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 they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0010, 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 Bill Hall.
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.
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The Chair read the next case into record.
CASE NUMBER: USR11-0013
APPLICANT: Steve Sharp
PLANNER: Tom Parko
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(truck
and trailer repair and maintenance shop), 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 A RE-5111; Part NW4 Secl:ion 9, T2N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to CR 41 and south of CR 24.
Tom Parko, Planning Services, stated that the owner of record is Steve Sharp. Mr. Sharp's proposed
business at this location is fabrication and maintenance. The business specializes in assisting customers with
transporting mining equipment, wind turbines and high-power transformers and switchgear which are
considered specialized freight. Sharp Transportation retrofits trailers to accommodate significant weight loads
and performs maintenance. The applicant intends to construct a shop and will have some outside storage and
parking. The owner has agreed to install an opaque fence around the perimeter of the property.
Access to the site will be from County Road 41, which is a paved road.
The number of employees proposed to be employed at this site will be five (5) as stated in the application.
Hours of operation is proposed to be seven days a week from sunrise to sunset. In some circumstances the
hours may be extended.
The proposed site is not located within a three-mile referral area. However, the Town of Hudson was sent a
referral and they responded with no concerns or objections.
Nine referral agencies have reviewed this case and three offered comments, some with specific conditions.
Staff received one email from an adjacent property owner in opposition of the project. Mr. Parko read the
email into record.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that County Road 41 is classified as a collector roadway, requiring 80 feet of
right-of-way at build out. Staff has requested that the applicant designate an additional 10 foot of future right-
of-way on the plat. In addition, staff requested that the applicant install a tracking control pad at the access to
prevent debris and rock from tracking onto the paved road.
Lauren Light, Environmental Health, stated that water will be provided by an individual well. They can use the
existing well permit as long as they follow the allocations that this permit allows for. An engineered septic
system, approved by the Board of Health, will need to be installed.
Ms. Light said that Development Standards 12 and 13 have references regarding phase 3 and it appears to be
a typo and needs to be deleted. She recommended deleting the last sentence in Development Standard 12
and ending the sentence after"provided" in Development Standard 13.
Robert Grand moved to amend Development Standard 12 and 13 as recommended by staff, seconded by Bill
Hall. Motion carried.
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Commissioner Maxey noted that according to the visual map it appears that there is a large chunk taken out of
an irrigated pivot. He inquired how many acres are being taken out of production. Mr. Parko replied that 34.6
acres will be taken out of production. He added that Mr. Sharp owns all of the property around this parcel as
well and intends to continue to use the center pivot on site for agricultural production.
Mr. Carroll requested to delete Items A and B on Page 5 under"Please add the following notes to the plat". In
addition, he requested to move Items C and D to Development Standards and renumber accordingly.
Jason Maxey moved to delete Items A and B and move Items C and D to Development Standards as stated
by staff, seconded by Bill Hall. Motion carried.
Bob Harrison, Construction Management Systems,3500 E. 156th Ave, Brighton,CO,stated that he represents
Steve Sharp and the construction of his shop facilities. Mr. Sharp is an Over-the-Road,Oversized Equipment
Hauler involved extensively in the oil and wind industry. He does occasionally haul grain trailers as well. This
site will be used for the temporary storage of his trailers as they are load specific trailers.
Commissioner Maxey asked if there were any comments with regard to the opposition from the surrounding
property owner. Mr. Harrison said that after Mr. Parko sent him the opposition letter he went to talk to the
landowner; however he did not notice any activity on the site. He returned the following day and noticed that
all the vehicles were gone. He added that he has not been able to make contact with them but will continue to
try and alleviate any concerns they may 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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0013, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. 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.
Commissioner Maxey commented that he doesn't like to see that many acres being taken out of prime
irrigated ground; however after noting that the same property owner owns the surrounding land he was in favor
of Mr. Sharp doing what he wants to do with his business and property.
Robert Grand left the meeting at 3:24 pm.
The Chair read the last case into record.
CASE NUMBER: USR11-0015
APPLICANT: A. C. TRUCKING LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility (water hauling, construction and
excavating company), in the A (Agricultural Zone District.
LEGAL DESCRIPTION: Lot A RE-2609; Part E2NW4 Section 22, T2N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20; approximately 0.25 miles east of
CR 31.
Kim Ogle, Planning Services, stated that the site is located within three miles of the City of Fort Lupton who did
not return a referral indicating a conflict with their interests.
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The site is Lot A of a Recorded Exemption, RE-2609 which consists of 4.68 acres with physical improvements
located on site which will be utilized in future operations.
The roust-a-bout, construction and excavating service facility is presently in limited operation on site and is
located in an area that allows good access to the oil field. The business is screened from public rights-of-way
and adjacent properties to the west and south. A three-strand barb wire fence exists at the perimeter and the
access is gated. Lands surrounding this facility are in pastureland for the grazing of livestock and/or are
utilized for rural residential development. The parcel immediately adjacent to the south has a special use
permit, USR-1568 approved on December 27, 2006 for an office and storage building for materials used by oil
and gas operations.
The U.S.D.A Soils Map of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property
as "Prime If Irrigated". However, there is no irrigation water associated with the parcel. The applicant is
proposing an on-site septic system and the water will be provided by an individual commercial well.
There are four(4) property owners on five(5) parcels within 500 feet of this proposed facility. There are two
residences on five(5)parcels within 2640 feet of the facility. Staff has not:received telephone calls, letters or
electronic mail for this land use proposal.
Eleven referral agencies have reviewed this case and four offered comments, some with specific conditions.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works, stated that County Road 20 is classified as a local roadway, requiring 60 feet of
right-of-way at build out. In June 2011, there were 84 vehicles on that roadway. The applicant will be using
the existing access from County Road 20. A tracking pad with adequate turning radius, Road Maintenance
and Dust Control Agreement will be required because there is so much traffic expected. The site is on a
gravel home and there are neighboring homes. Public Works will work with them on establishing a haul route.
Mary Evett, Environmental Health, stated that a new engineered designed septic system will be installed for
the shop, office building expansion as well as a proposed residence. If the septic system has the capacity to
serve 20 or more persons then the system will require a classified injection well permit.
Water will be provided by an individual well and it is approved for both cormercial and domestic uses. In the
referral dated September 21, 2011 from the Division of Water Resources, the well permit will expire January
21, 2012 unless the applicant requests an extension or well completion pump installation reports are
submitted. Any water used for truck hauling must be from an approved source. The applicant needs to
provide evidence that any water used for hauling is from a legal source.
Ms. Evett stated that the applicant needs to submit an on-site dust abatement plan for the Health Department
to review.
Eliseo Alcantar stated that his operation will mainly be trucking. He is contracted by A&W Water Service to
haul water and bring it out to the oilfield sites. This property will be used as a parking facility for his trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jay Pointer, 15104 CR 20, lives west from the proposed site. Mr. Pointer said that he is not sure how 12 trucks
along with the equipment, a septic system and all of the proposed buildings will fit on 5 acres. His immediate
concern is with dust prevention and dust control. Mr. Pointer stated that he has a 6 year old daughter with
asthma and the dust is a great concern. He is also concerned with the request of 24 hour 365 day service.
He doesn't see the need for it and it is a concern with his family. Additionally he would like to know what the
plan is on the timeline for getting the trucks in and the shop built.
Gabriela Ramirez, 15336 CR 20, asked if Public Works will be providing dust control and to what extent. Ms.
Hansen clarified that Public Works does not provide the dust control; however there will be an agreement with
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the applicant and they will hold collateral for them to provide the dust control. Ms. Ramirez stated that she
plans to construct a home on her property and is also concerned with her asthma and the dust.
Mr.Alcantar said that he plans to operate 24 hours because he does run during the day and night as stated in
his contract. He added that right now during the day they can run Monday through Friday, but during the night
he is scheduled to run Monday through Sunday.
The Chair asked about the timeframe on construction of the buildings. Mr. Alcantar said it will depend on
funding but hopes to start construction in the next six (6) to twelve (12) months.
The Chair asked on the anticipated timeframe for getting up to 25 employees. Mr.Alcantar said that may not
have that many employees for up to 10 years down the road. He added that he doesn't foresee an increase
with the employees within the next year.
Commissioner Hansford asked what the age of the vehicles used to haul the equipment are. Mr.Alcantar said
that they range from 1998 to 2006. Mr. Hansford asked if there was any special noise suppression on these
trucks. He expressed concern for the neighbor when Jake Brakes are used. Mr.Alcantar said that he will set
rules with his employees regarding the noise concerns.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if he is in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0015, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes with comment; Robert Grand, absent; Bill Hall, yes with comment; Alexander Zauder, yes;
Jason Maxey,yes; Benjamin Hansford,yes; Mark Lawley, yes;Tom Holton,yes. Motion carried unanimously.
Commissioner Berryman encouraged the applicant to stay in touch with his neighbors and try to do what you
can to be helpful to them. He wished the applicant a successful business.
Commissioner Hall asked that the applicant be cognizant of his neighbor's rights to enjoy their property as
well.
The Chair asked the Planning Commission members if there was any new business to discuss. Tom Parko,
Planning Services, presented the 2012 Planning Commission hearing dates.
Joyce Smock was introduced as the new Planning Commission member for District 1.
Meeting adjourned at 3:51 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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