HomeMy WebLinkAbout20113163.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert Devoe Case Number I USR11-0002
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
IN` 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Platte Valley Fire Protection District referral received 8/9/2011 X
I'' 4 Referrals with comments X
• Weld County Department of Public Works referral received 8/9/2011 X
Weld County Department of Public Health and Environment referral dated 9/1/2011 X
Weld County Zoning Compliance Officer II referral received 8/2/2011 X
Weld County Department of Building Inspection referral received 8/12/2011 X
5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
\` 6A Sign posting affidavit (lam U, e2s-n,,xywi) X
6B Access Permit—AP11-00370
7 —Prow iii rg Csmmissien-Resolution-
I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. 7/^�A
C ZGtO d.W m
Chris Gathman Planner
EXHIBIT
• N,
2011-3163
LAND USE• 1119€. SUMMARY SETSHEET
COLORADO
Planner: C. Gathman
Case Number: USR11-0002 Hearing Date: November 1, 2011
Applicant: Robert Devoe C/O Christina Marquez
Site Address: 26015 County Road 46, Kersey, Colorado 80644
Request: A Site Specific Development Plan and Use by Special Review Permit for oil and gas
support and service (on-site parking, storage, and staging of work vehicles, trailers,
equipment and supplies for servicing oil and gas) in the A (Agricultural)Zone District.
Legal Description: Lot A of Recorded Exemption 2452; located in part of the SW4 of Section 9 T4N
R64W, Weld County
Location: North of and adjacent to County Road 46 and east of and adjacent to County Road 53.
Size of Parcel: +/- 5 acres
Parcel Number: 105309000038
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
• The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Platte Valley Fire Protection District, referral received 8/9/2011
With Comments.
Weld County Public Works, referral received 8/29/2011
Weld County Department of Public Works and Environment, referral received 9/1/2011
Weld County Zoning Compliance, referral received 8/2/2011
Weld County Building Inspection, referral received 10/3/2011
The following agencies have not responded:
Weld County Sheriffs Office
West Greeley Soil Conservation District
Central Weld County Water District
EXHIBIT
• I i
USQII-ODD2
USR-11-0002, Robert Devoe, Page 1
4a ' SPECIAL REVIEW PERMIT •
r''*tt ADMINISTRATIVE REVIEW
11iDc.
COLORADO
Planner: C. Gathman
Case Number: USR11-0002 Hearing Date: November 1, 2011
Applicant: Robert Devoe C/O Christina Marquez
Site Address: 26015 County Road 46, Kersey, Colorado 80644
Request: A Site Specific Development Plan and Use by 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 of Recorded Exemption 2452; located in part of the SW4 of Section 9 T4N
R64W, Weld County
Location: North of and adjacent to County Road 46 and east of and adjacent to County Road 53.
Size of Parcel: +/- 5 acres •
Parcel Number: 105309000038
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G 2. A.Policy 7.2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region.
Section 22-2-20. I. A.Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses.
Section 22-2-20.1.5. A.Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies.
Section 22-2-100. A.3. OG.Policy 1.3. Ensure that tax revenues for all oil and gas •
operations (including disposal well oil operations) are properly collected.
USR-11-0002, Robert Devoe, Page 2
The site is located adjacent to an existing injection well facility (3rd AMUSR-996) and a
• number of development standards and conditions of approval (screening requirements,
hours of operation, a maximum # of employees...) are being required to ensure that the
use is compatible with the surrounding area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural
(A) Zone District. Per section 23-2-40.A.2 of the Weld County Code, Oil and gas support
and service (on-site storage/staging of work vehicles, trailers, equipment and supplies for
servicing oil and gas) is a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located immediately to the east of an injection
well facility (3r° 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.
This USR 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 30 (thirty) 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.
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 and
parking area 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. No phone calls, e-mails or letters have been
received from surrounding property owners regarding this application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is located outside of the 3-mile referral area of a
municipality.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County 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 proposed use
is located on a property that encompasses 5 acres and has existing structures and
parking/traffic circulation areas.
USR-11-0002, Robert Devoe, Page 3
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 attached
Development Standards and Conditions of Approval will provide adequate provisions for
the protection of the health, safety and welfare of the inhabitants and neighborhood.
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.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0002 (Department of Planning
Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent public
rights-of-way and adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
E. County Road 46 is designated on the Weld County Road Classification Plan as
local gravel/local paved road, which requires 60 feet of right-of-way at full build
out. The applicant shall verify and delineate on the plat the existing right-of-way •
and the documents creating the right-of-way. All setbacks shall be measured
from the edge of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County. (Department of Public
Works)
F. County Road 53 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60-feet of right-of-way. A total of 40-feet from the centerline of County
Road 53 shall be indicated as edge of future right-of-way. The applicant shall
verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way as well as the edge of future right-of-way for County
Road 53. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained
by Weld County. (Department of Public Works)
G. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
H. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
Show the existing access points on the Plat and label them with the Access
Permit number(will be provided). (Department of Public Works)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated October 3, 2011. Complete building permit •
applications shall be submitted for the 70 x 80 foot storage building and for a change of use from
Ag Exempt building to an industrial/commercial building. (Department of Building Inspection)
USR-11-0002, Robert Devoe, Page 4
3. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer for
• the proposed business use. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations. (Department of
Public Health and Environment)
4. Submit documentation from Central Weld County Water District indicating that the existing tap is
sufficient for the commercial operations. (Department of Public Health and Environment)
5. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
6. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. Outdoor parking and storage associated with the proposed use shall be
completely screened by a 6-foot high opaque fence (or other equivalent screening material).
(Department of Planning Services)
7. Upon completion of 1-6 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
• 8. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
9. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerter(a)co.weld.co.us. (Department of Planning Services)
10. The Special Review activity shall not occur nor shall any building or electrical permits be issued
associated with the proposed Use by Special Review Permit 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)
•
USR-11-0002, Robert Devoe, Page 5
SITE SPECIFIC DEVELOPMENT PLAN •
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Devoe
USR11-0002
1. A Site Specific Development Plan and Special Review Permit for a Site Specific Development
Plan and Use by 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of outside employees (not including the owner and those residing on the property)
shall be limited to twelve (12) as stated in the application materials. (Department of Planning
Services)
4. The hours of operation shall be limited to 6:00 am —6:00 pm Monday— Saturday as stated in the
application materials. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include •
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
11. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
12. 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)
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)
USR-11-0002, Robert Devoe, Page 6
• 14. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
15. 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)
16. Building permits shall be obtained prior to the construction or change of use of any building.
Buildings that meet the definition of an Ag Exempt Building per the requirements the Weld County
Code do not need building permits, however a Certificate of Compliance must be filed with the
Planning Department and an electrical and/or plumbing permit is required for any electrical or
water for watering or washing of livestock or poultry. (Department of Building Inspection)
17. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or
engineer. (Department of Building Inspection)
18. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
19. Each building will require wet stamped engineered drawings and engineered foundation based on
a site-specific geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
• (Department of Building Inspection)
20. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
21. 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)
22. Provide letter of notification from Fire Protection District having jurisdiction prior to any new
construction. (Department of Building Inspection)
23. 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)
24. 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)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code,
26. The property owner or operator shall be responsible for complying with the Operation Standards
• of Section 23-2-250, Weld County Code.
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
USR-11-0002, Robert Devoe, Page 7
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be •
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
28. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
29. 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)
30. 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.
31. 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)
32. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
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.
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.
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
USR-11-0002, Robert Devoe, Page 8
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
• 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, 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.
•
USR-11-0002, Robert Devoe, Page 9
• DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
hIDe AIL: SITE:www.co.weld.co.us
an@
E-MAIL: cgathSITE: co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
FAX: (970)304-6498
COLORADO
October 10, 2011
Christina Marquez
310 19 Ave
Greeley, CO 80631
Subject: USR11-0002-A Site Specific Development Plan and Use by 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.
On parcel(s)of land described as:
PT SW4 9-4-64 LOT A REC EXEMPT RE-2452 of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2011, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 30,
2011 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
• attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldco u ntvpla n ni ngcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
./� Digitally signed by Kristine Ranslem
59(�,A N�"`- Location am the author of this document
Reason:Iocation: m N 17th Ave
Date:2011.10.10 08:00:46-O6'00'
• Chris Gathman
Planner
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 10/22/2011 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR11-0002 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
1j�y�y�jyLf
• Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD ) SM1
jIJThe foregoing instrument was subscribed and sworn to me thi day of ,� 011.
WITNESS my hand and official seal.
1
Nota"Public
BILLIE J. MOORS
My Commission Expires: a STATE OF COLORADO
• EXHIBIT
1 fo.A
U501-0007_
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
• CERTIFICATE
THE LAST DAY TO POST THE SIGN IS Dec. 4, 2011 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED
ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS
HEARING FOR USR11-0002 IN THE AGRICULTURAL ZONE DISTRICT.
Chris Gathman
Name of Person Posting Sign
/AL
• Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD ) ±7 L
The foregoing instrument was subscribed and sworn to me th s 1 day .L-( �2011.
WITNESS my hand and official seal.
bp)/
Notary Public
BILLIE J. MOORE
NOTARY PUBLIC
My Commission Expires: STATE OF COLORADO
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• FIELD CHECK inspection dates: 12/17/2010
APPLICANT: Robert Devoe C/O Christina Marquez CASE #: USR11-0002
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for oil and gas support
and service(on-site parking, storage, and staging of work vehicles, trailers, equipment and
supplies for servicing oil and gas) in the A(Agricultural) Zone District.
LEGAL: Lot A of Recorded Exemption 2452; located in part of the SW4 of Section 9 T4N R64W,
Weld County.
LOCATION: North of and adjacent to County Road 46 and east of and adjacent to County Road 53
PARCEL ID #: 105309000038
ACRES: +/- 5 acres
Zoning Land Use
N A N Single Family Residences (Ag land)
E A E Agricultural land
S A S Agricultural land (single family residences)
W A W Injection Well Facility
• COMMENTS:
Two existing outbuildings and modular building on the site.
I
s Si/
v 4,K`�
Chris Gathman - Planner Ill
•
Chris Gathman
m: Chris Gathman
Friday, October 28, 2011 3:49 PM
To: 'Sandi DiGesualdo'
Subject: RE: Zoning permit for Home Gunsmithing business
Attachments: Home Occupation Class II .pdf; Home Occupation Class l.pdf; ZPHO11-0005
questionnaire.pdf
Dear Russ,
Thank you for the information. Unfortunately the Class I Home Occupation does not allow outside customers (per Class I
Home Occupation definition—the outside public is not allowed to access the site).Sorry for the confusion on this—
when I originally read the application I was thinking the trips were referring to you or your family's vehicle—not outside
customers. In order to have outside customers a Class II Home Occupation would be required.
I have attached the Class II Home Occupation application form.
Your options are as follows:
1) Submit the Class II Home Occupation application form and fee (we would refund or credit the $50.00 you
already submitted for the Class I Home Occupation).
OR
• 2) Not allow outside customers and revise the questionnaire/application for your Class I Home Occupation to
reflect that no customers will be visiting the site. I have attached a copy of the questionnaire that you would
submitted. You would simply need to modify the answer to question 3.f.
Let me know if you have any questions.
Sincerely,
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17th Avenue,Greeley CO. 80631
Ph:(970)353-6100 ext. 3537
Fax: (970)304-6498
4a rut ;
l'ci0 N Y
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
1
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Sandi DiGesualdo fmailto:sandeslCalhotmail.coml
Sent: Friday, October 28, 2011 11:09 AM
To: Chris Gathman
Subject: RE: Zoning permit for Home Gunsmithing business
Chris, yes customers stop by once in a while. Yes we were in contact with the BATF, and they didn't see a problem, but
we had to wait for zoning.
Thanks Russ
From: cgathman@co.weld.co.us
To: sandgsl@hotmail.com
Date: Fri, 28 Oct 2011 07:36:39 -0600
Subject: Zoning permit for Home Gunsmithing business
Dear Russell,
I am about to finalize your Home Occupation — Class I application. Before I can do this I have a couple of questions.
I had one question: Your application indicates that passenger vehicles will access the site 2-4 times a month. Are you
going to have customers coming to the site?
Also: Have you been in contact with the Bureau of Alcohol Tobacco and Firearms re: their permitting requirements?
Let me know when you get a chance. Thanks!
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
w ECO...SCO JN?T
I
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Property Profile - Print Page 1 of 1
Property Profile for Account #R3556386
• October 28, 2011
Document History Information
Reception Rec Date Type Grantor Grai
X0009234 08/23/1985 FARMERS STA
BRUSH
02022023 08/23/1985 WDN
02223139 08/13/1990 FARMERS STATE BANK OF MARSHALL RI(
BRUSH NANCY S
02262150 09/05/1991 PTD
02377455 03/09/1994 FARMERS STATE BANK OF SELL WARREN
BRUSH
SELL WARREN H & KAREN
• 2678912 03/10/1999 WD SAKURAI LEE
3062174 05/13/2003 QCN SAKURAI LEE SAKURAI ENTE
•
http://propertyprofile.co.weld.co.us/index.html?version=2&account=R3 5563 86 10/28/2011
Property Profile - Print Page 1 of 1
Property Profile for Account #R3556586
October 28, 2011
Document History Information
Reception Rec Date Type Grantor Gr,
01781510 02/09/1979 WDN
02230513 10/18/1990 WADDELL PIERT P & DEIBEL CLIFF
FLORENCE CAROLL
•
•
http://propertyprofi le.co.weld.c o.us/index.htm l?versi on=2&account=R3 5 5 65 86 10/28/2O11
•
1961 -- 2011 MEMORANDUM
TO: PRE11-0041; Case File, pre-application
WELN eo NTY
DATE: September 22, 2011
u FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
Zoning Permit for Second Dwelling/Home Occupations
Attendees:
Jim Miller, Applicant
Frank Piacentino, Building
Don Carroll, Public Works
Wendi Inloes, Planning
Tom Parko, Planning
Kris Ranslem, Planning
On Thursday, September 22, 2011 an informal discussion took place at the Greeley
• Administrative Offices Conference Room regarding a second home and home business. (The
legal description is Lot A RE-958 Part E2SW4 Section 3, Ti N, R63W of the 6th P.M.; Situs
Address is 33323 Hwy 52)
Background Information:
There are three existing homes on site. The applicant would like to convert one home into an office
for his home hay brokerage business. The applicant would reside in one of the other homes and his
daughter in the second home.
Building Department
A change of use building permit will be required for converting the home into an office. If there is a
kitchen stove, it will need to be removed. Include the addition of a furnace if applicable. ADA
parking and entrance into the office will be required; however existing restrooms will not be required
to have ADA accessibility.
Health Department
A copy of the existing well permit will be required.
A Statement of Existing Permit #G19930370 is for the applicant's home. Another septic permit
exists for the office, but there is no permit on file. Therefore the applicant will need to submit a
Statement of Existing for the office.
Public Works
Staff stated that the applicant will need to get verification of the access from CDOT.
• No Drainage Report is required; however the applicant shall provide a short description of the
historic stormwater flows across the property and how their application will affect those flows. The
description shall include but not be limited to: 1) where the water originates if it flows onto the
property from an offsite source, 2)where it flows to as it leaves the property, 3)the direction of flow
across the property, and 4) if there have been previous drainage problems with the property. The
• application shall also provide flow arrows on the map showing where the stormwater starts, how it
goes across the property, and where it leaves the property. The applicant will still be responsible for
providing a water quality feature that conforms to the methodology outlined in Volume 3, Section
4.4.2 of the Urban Storm Drainage Criteria manual.
Planning Department
Staff went over the ZPSD and ZPHO application with the applicant. The applicant was made aware
of the impact fees associated with this business.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m.
The Zoning Permit for a Second Dwelling (ZPSD) application fee is $500. The Zoning Permit for
a Home Occupation (ZPHO) application fee is $50.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
•
•
• 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREE6100EY, CO 80631
0
` PHONE: (970)REEL 00, Ext. 3540
." FAX: (970) 304-6498
WELT �.�C IUNTY
August 2, 2011
Robert Devoe
do Christina Marquex
217 71h St.
Kersey CO 80644
Subject: USR11-0002 - Request for a Site Specific Development Plan and Use by 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 on a
parcel of land described as PT SW4 9-4-64 LOT A REC EXEMPT RE-2452 of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
• Your application and related materials for the request described above are being processed. I will
schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
If you have any questions concerning this application, please call.
Respectfully,
Do solly signed am
y Kristine Ra dom
cument
Reason: the author of this document
Location:1555 N 17th Ave
Date:2011.08.02 09:14:43-06'00'
Chris Gathman
Planner
•
1861 - 2011 MEMORANDUM
TO: PA11-055; Case File, pre-application
IIWELlt-COUNTY
DATE: April 8, 2011
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for an oilfield service company
Attendees:
Shawn Devoe, Applicant
Bob Devoe, Applicant
Ken Swanson, Building
Stephanie Arries, County Attorney
Chris Gathman, Planning
Kris Ranslem, Planning
On Friday, April 8, 2011 an informal discussion took place at the Greeley Administrative Offices
• Conference Room regarding an existing oilfield service operation. (The legal description is Lot A
RE-2452; Pt SW4 of Section 9, T4N, R64W of the 6th P.M.; Situs Address is 26015 CR 46)
Background Information:
The applicants currently operate an oilfield service company. The employees typically arrive in the
morning and are then dispatched for the day. They arrive again in the evening and leave in their
personal vehicles.
Building Department
A 70 by 80 foot building was recently constructed for the storage of personal vehicles not related to
the business. A building permit will be required for this structure.
An existing 40 by 60 foot building is used for light maintenance work on the business vehicles.
According to Department records,this building was permitted as an Ag Exempt building for storage
of hay and farm equipment. The applicants will need to acquire a Change of Use Building Permit for
this structure. A structural analysis will need to be performed by an engineer on this structure as
well.
Health Department
Water to the site is provided by public water. A letter verifying that the District can serve the
business will need to be submitted with the application.
There is an existing septic system onsite. Due to the number of employees the system will need to
be reviewed by an engineer to determine if it is adequate.
• A Waste Handling Plan, including oil disposal, is required. For examples please visit:
http://www.co.weld.co.us/Departments/PlanningZonino/PI anninoDepartment/ApplicationAssistance.
html
A Dust Abatement Plan will be required. For examples please visit:
• http://www.co.weld.co.us/Departments/PlanninqZoninq/PlanningDepartment/ApplicationAssistance.
html
Public Works
A Site Plan identifying the existing access, parking, buildings, circulation, and site drainage will be
required.
Staff indicated that a water quality depression may be required. The applicant shall provide a short
description of the historic stormwater flows across the property and how their application will affect
those flows. The description shall include but not be limited to: 1) where the water originates if it
flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the
direction of flow across the property, and 4) if there have been previous drainage problems with the
property. The application shall also provide flow arrows on the map showing where the stormwater
starts, how it goes across the property, and where it leaves the property. The applicant will still be
responsible for providing a water quality feature that conforms to the methodology outlined in
Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual.
Planning Department
The site is under a current violation for operating a business without the appropriate land use
permits. The applicant will need to submit a complete application by June 8, 2011 to avoid violation
hearings.
Staff noted that additional fees may be applied to the building permit fees, such as Road Impact
Fees, County Facilities fees and Stormwater fees.
• Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m.
Because the site is under violation, an investigation fee is added to the application; therefore the
total application fee is $3750. Staff explained the USR process. The applicant shall submit 4
packets for a 7 day completeness review. After the 7 day completeness review the applicant will be
informed of what items are still required to make the application complete. Staff requested that the
applicant submit the remaining material in electronic form. Upon submittal of a completed
application it will be sent out for referral for 28 days. The applicant will then meet with their Planner
to discuss the referrals and address as many of the referrals as possible. At that meeting the
Planning Commission hearing will be scheduled. The Board of County Commissioners hearing
typically follows approximately 3 weeks after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
•
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