HomeMy WebLinkAbout20110474.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1765
APPLICANT: Coronet Investment Company LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
commercial junkyard or salvage yard,offices,and outdoor storage(for a construction
company) in the C-3(Commercial)Zone District.
LEGAL DESCRIPTION: Lot 2,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N,R68W of
the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of CR 6
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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:
Section 23-2-220.A.1 of the Weld County Code states"That the proposal is consistent with Chapter
22 of this Code and any other applicable code provision or ordinance in effect."
Section 23-2-220.A.3 of the Weld County Code states, That the uses which would be permitted will
be compatible with the existing surrounding land uses."
• 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.
Previously, the property was in violation (ZCV-10-00005) due to the presence of a commercial
junkyard/salvage yard and other commercial activities without an approved and recorded Use by Special
Review permit (USR); however the violation will be closed upon approval from the Board of County
Commissioners.
The Planning Commission recommends that the following conditions of approval and development standards
be attached:
1. Prior to recording the plat:
A. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements or provide evidence to Weld County Department of Health and Environment
that the floor drain has been sealed or drains into a separate water tight vault, not into the
septic system. (Department of Public Health and Environment)
B. The applicant shall contact the Colorado Department of Transportation and the City and
County of Broomfield concerning access to the realigned Frontage Road at this location.
Written evidence of an approved access permit shall be provided to the Department of
Planning Services. (Department of Planning Services)
• C. Section 23-3-250.A.9 of the Weld County Code states, "Outside Storage. Uses in
Commercial Zone Districts involving outdoor storage of vehicles, equipment or materials
when permitted shall be screened from public ri.hts-of-wa and all adjacent properties."
3 r
2011-0474
• Resolution USR-1765
Coronet Investment Company LLC
Page 2
Section 23-3-250.A.5.a of the Weld County Code states, "No more than eighty-five percent
(85%) of the total area of a lot in any Commercial Zone District shall be covered. Land shall
not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if
covered by decorative gravel or wood chips, or if it is otherwise suitably Landscaped."
Therefore the applicant shall provide a Landscape and Screening Plan for review and
approval to the Department of Planning Services that addresses Section 23-3-250.A.9 and
Section 23-3-250.A.5.a of the Weld County Code. (Department of Planning Services)
D. The applicant shall provide evidence to the Weld County Department of Public Health &
Environment and the Weld County Department of Planning Services that the well has been
appropriately permitted with the Colorado Division Water Resources, or that there is an
adequate water supply for the commercial business. (Department of Planning Services)
E. The application materials do not address property maintenance. The applicant shall submit
written evidence to the Department of Planning Services detailing how the property will be in
compliance with Section 23-3-250.8.7 of the Weld County Code. (Department of Planning
Services)
F. The applicant shall address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated 9/27/2010. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
• G. The applicant shall request in writing to the Weld County Department of Planning Services to
vacate SPR-363.
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1761 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning Services)
4. Show the water quality feature on the plat and label it as"water quality, No build or
Storage Area"
5. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
6. Should exterior lighting be a part of this facility, all light standards shall be delineated
in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
7. 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)
• 8. All recorded easements shall be shown and dimensioned on the plan including the
book and reception number. (Department of Planning Services)
• Resolution USR-1765
Coronet Investment Company LLC
Page 3
9. The Department of Planning Services has determined from the application materials
that eight(8)parking spaces and one(1)ADA parking space will be required on site.
Each parking space should be equipped with wheel guards where needed to prevent
vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings The 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 Planning Services)
10. The sign shall be located to meet setbacks and adhere to Article IV, Division 2 of the
Weld County Code. (Department of Planning Services)
The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements(access
drive, parking areas, plant materials, fencing, screening, et cetera) and post adequate
collateral for all required materials. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to recording the
USR plat. (Department of Planning Services)
J. 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)
• 2 Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. 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 mans(c.co.weld.co.us (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
approval was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
5. 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 Service)
Motion seconded by Bill Hall.
•
• Resolution USR-1765
Coronet Investment Company LLC
Page 4
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
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 February 1, 2011.
,DDaatte�dlthe'1st of February,
2011.
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"' 1 U.t1✓it1 et vimki ' '
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
411 SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Coronet Investment LLC
USR-1765
1. The Site Specific Development Plan and a Special Review Permit for a Site Specific Development
Plan and a Special Review Permit for a commercial junkyard or salvage yard, offices, and outdoor
storage(for a construction company)in the C-3(Commercial)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. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit. Building plans shall also be
submitted to Mountain View Fire protection District for their approval. (Department of Building
Inspection)
4. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
• 5. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) 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 Waste 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". (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. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
Resolution USR-1765
• Coronet Investment Company LLC
Page 6
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. 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)
16. 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)
17. 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)
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. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources,the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only, etc.Also,the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health and Environment)
20. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.6.6 of the Weld County Code. (Department of Planning Services)
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
22. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
23. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
24. 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)
25. Weld County is not responsible for the maintenance of drainage related features. . (Department of
Public Works)
Resolution USR-1765
• Coronet Investment Company LLC
Page 7
26. 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)
27. The site shall be limited to no more than two (2) employees. (Department of Planning Services)
28. The hours of operation shall be limited to Monday — Friday 8:00 am to 5:00 pm. (Department of
Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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.
Resolution USR-1765
Coronet Investment Company LLC
Page 8
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.
•
•
added that they do not have any concerns with this request as well.
• Greg Balmes stated that they would like to build a house on the east ag lot. He added that this lot was part of
Highland Farms Subdivision and he purchased the lot from the original developer. He would like to see
someone living on the property and maintaining it.
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.
Mark Lawley moved that Case CZ-1156 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; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1765
APPLICANT: Coronet Investment Company LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
commercial junkyard or salvage yard, offices, and outdoor storage (for a
construction company) in the C-3 (Commercial)Zone District.
LEGAL DESCRIPTION: Lot 2,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N, R68W
of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
• CR 6.
Michelle Martin, Planning Services, stated that currently the property is in violation (ZCV10-00005)due to the
presence of a commercial junkyard/salvage yard and other commercial activities without first submitting and
completing the necessary Weld County Zoning Permits.
The Department of Planning Services recommends that this request be denied for the following reasons:
Section 23-2-260.E.2 of the Weld County Code states "Proof that a water supply will be available which is
adequate in terms of quantity, quality and dependability(e.g., a well permit or letter from a water district)."
The State of Colorado Office of the State Engineer in their referral dated November 29, 2010 stated, "Based
on the submitted materials,water is currently supplied to the facility from an existing well with Permit Number
15774-F. Based on the information available in the State Engineer's Office this well is constructed to a depth
of 680 feet and likely withdraws water from the Laramie-Fox Hills aquifer. At the location of the well it is
presumed that ground water in the Laramie-Fox Hills is hydraulically connected (tributary) to an over-
appropriated stream system and that pumping of the well will cause material injury to other water rights. As
such, a court approved augmentation plan is required to offset depletion caused by pumping of the well.
According to the records available in the State Engineer's Office this well is not included in a court approved
augmentation plan, as recommended in previous correspondence regarding this well, dated June 11, 1992
and December 1, 1993. If this well is not included in a court approved augmentation plan this well cannot be
used to provide water to the existing or proposed facility until such time as the application obtains a court
approved augmentation plan or substitute water supply plan that replaces the depletions from the well in time,
location and amount so as to prevent injury to other water rights. Since our office does not have evidence that
this well is included in a court approved augmentation plan, the Division Engineer for Water Division 1 has
sent the well owner the letter for Cause Order.
• It is the opinion of the Department of Planning Services'staff that the applicant has also not shown compliance
with Section 23-2-220 of the Weld County Code as follows: .
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2
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Section 23-2-220.A.1 of the Weld County Code states,"That the proposal is consistent with Chapter 22 of this
• Code and any other applicable code provision or ordinance in effect."
Section 19-2-60.B of the Weld County states,"Development outside urban growth area. To the extent legally
possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above,
the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area
outside the Urban Growth Area. This Subsection shall not require disapproval of a recorded exemption solely
because the smaller parcel is less than two and one-half(2%) acres in size."
The proposed commercial use is located outside the urban growth area as defined in Appendix 19-C of the
Weld County Code but is located within the Southern Weld Planning Area,therefore the City of Dacono in their
referral dated October 20, 2010 is encouraging denial of the proposed Use by Special Review.
In their referral the City of Dacono states the following:
"The location of the proposed salvage yard is within one mile south of the City limits. This 1-25 corridor is
perceived as the front door to the City of Dacono. The City of Dacono is adjacent to other salvage yards
located in unincorporated Weld County—Erie Salvage and Speedway Auto Wrecking both at 1-25 and County
Road 12, as well as and Elliott's Auto Salvage on CR 13. All of these operations detract from the overall
appearance of the City and have an external impact on the City of Dacono's adjacent land use."
"The City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan guiding
principles stating that land use policies have a significant impact on economic conditions in the County and
should be structured to encourage economic prosperity and economic growth. As stated by the Weld County
Comprehensive Plan, economic development is directly related to actual physical development;therefore,the
County should foster an effective process to support development, while protecting the health, safety and
welfare of citizens of the County. The continued growth of additional salvage yards in southwest Weld County,
most notably surrounding the City of Dacono; suggest an overall lack of investment and economic
• development opportunity for new business growth and development. Long term,the reuse of this land is many
be complicated by the presence of potential hazardous substance, pollutants or containments which will
negatively impact the City of Dacono."
"The City of Dacono has significant concerns with environmental containment issues related to Freon recovery
(a threat to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal (lead
and acid could cause groundwater contamination). Over the years, the City has also witnessed the lack of
County oversight and presumably illegal expansion of these operations as wells as the growth of junk, mobile
homes, campers, trash tires, high weeds and associated undesirable elements."
Planning staff is recommending denial of the application. If this application is approved, attached are
conditions of approval and development standards.
Lauren Light, Environmental Health, stated that the applicant has the option of purchasing a tap from Left
Hand Water District. There are two septic systems on this property sized for 17 employees each. Since there
is only one employee there is no requirement for an engineer to evaluate the system.
Heidi Hansen, Public Works, stated that access is onto the 1-25 Frontage Road controlled by CDOT. The
applicant is required to provide an approved access permit from CDOT. The applicant has provided a water
quality design to control any stormwater runoff and catch any contaminants onsite.
Kurt Althen, 592 Fallen Leaf Way, Pine Village NV, stated that there are two primary issues,one being with the
water and the other issue with the City of Dacono. He added that the augmentation plan at this point doesn't
seem to be a viable option and therefore a city tap appears to be the best option. He said that the next step is
to go through the process of petitioning to be part of the Central Weld County Water District. Once that
paperwork and application is completed then he will submit that to the Division of Water Resources.
According to the State Engineer it shouldn't be a problem to get an emergency to continue using the well for
• sanitation purposes only.
As far as the City of Dacono, he understands that this is the front door to their town; however no one wanted to
3
rent the property as it was surrounded by a junkyard,except a junkyard itself. He said that he invested money
into fixing up the building and intends to install screening or landscaping around the outside storage.
• 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.
Roy Spitzer moved that Case USR-1765 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; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall,yes;Alexander Zauder,yes;
Jason Maxey, absent; Roy Spitzer, yes with comment; Mark Lawley, yes with comment; Tom Holton, yes.
Motion carried unanimously.
Commissioner Berryman commented that this request is compatible with the surrounding uses.
Commissioner Spitzer echoed Mr. Berryman's comments.
Commissioner Lawley also agreed with Mr. Berryman and Mr. Spitzer regarding compatibility with surrounding
uses.
The following case was read into record.
CASE NUMBER: USR-1769
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Water Services
PLANNER: Kim Ogle
• REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater
injection facility and a water recycling facility)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A and B RE-4538;being part of S2NE4/N2SE4 of Section 29,T11 N,R62W of
the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 0.25 miles south of CR 126; west of and adjacent to CR 77; 0.5
miles north of CR 124.
Kim Ogle, Planning Services, stated that the site is bordered by agricultural uses, predominately grazing and
croplands with sparsely populated residential development. There is one property owner holding three parcels
within 500 feet of this proposed facility. There are no residences in the general area.
The property is within the three mile referral area for the Town of Grover. The Town of Grover, in their
referral, indicated no conflict with their interests. This application is for a new facility for oil field brinewater
disposal with tanks for brinewater and separate tanks associated with the water recycling facility, and one
building for the pumps and office. There are normally two employees onsite when accepting trucks, which is
from 24 hours each day, 7days each week.
Primary access to the facility is from County Road 77, an arterial road. The primary haul route will be north or
south on County Road 77. Internal roads to the facility yard are graveled and graded.
The applicant states that each of the locations or facilities is basically operated the same. This facility
operates as recently approved C7 near Cornish.
Fifteen referral agencies have reviewed this case and six offered comments, some with specific conditions.
There have been no letters or telephone calls to review the case file.
• The Weld County Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
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