HomeMy WebLinkAbout20110071.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1758
APPLICANT: Javier Barron-Sixtos
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility(roust-a-bout and excavating service) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2266; Section 16, T2N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to CR 22; 0.5 miles west of CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 23-2-220.A.1. A.Policy 7.1. states
• "County land use regulations should support commercial and industrial uses that are directly
related to, or dependent upon, agriculture, to locate within the agricultural areas, when the
impact to surrounding properties is minimal, or can be mitigated, and where adequate
services are currently available or reasonably obtainable." The roust-a-bout and excavating
service facility is presently in operation on site and is located in an area that allows good
access to the oil field. Further, Section 22-2-100.E. C.Goal 5. States "Minimize the
incompatibilities that occur between commercial uses and surrounding properties." The
entire business is screened from public rights of way and adjacent properties. Lands
surrounding this facility are in pastureland for the grazing of livestock and/or are utilized for
the growing and sales of plant materials associated with a nursery.
Section 22-2-20.6.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture,to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial uses
should be encouraged to locate in areas that minimize the removal of agricultural land from
production." The site is Lot A of a Recorded Exemption, RE-2266 which consists of 3.12
acres with historic use encumbrances. The U.S.D.A. Soils Maps of Prime Farmlands of Weld
County dated 1979 indicate that the soils on this property as"other", and"prime if irrigated"in
equal areas. There is no irrigation water associated with the parcel. The surrounding
properties are primarily grazing lands with sparsely located single family homes, oil and gas
facilities and a plant nursery to the North. The applicant is proposing an on-site septic
system and the water will be provided by an individual commercial well. The Division of
Water Resources in their referral dated August 19, 2010 stated well no. 28967-A cannot be
used to serve the site and a commercial well must be obtained. The applicant filed a well
permit application, receipt no. 3646567, to change well permit no. 28967-A from domestic to
commercial purposes. On August 19, 2010 the application was returned to the applicant for
additional information. There has been no additional correspondence pertaining to this case
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as of the date this report was prepared.
1 2011-0071
u ''
• Resolution USR-1758
Javier Barron-Sixtos
Page 2
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as 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 property currently is in violation, case number ZCV09-00038 for
the operation of a roust-a-bout company without first obtaining the appropriate zoning
permits. If the application is approved and all conditions of approval met, and the plat is
recorded, the violation will be corrected. If the application is denied, or the conditions of
approval are not met, the commercial business and storage shall be removed from the
property within 30 days or the Violation case will proceed accordingly through the Court
process. The site is bordered by agricultural uses, which are predominately pasture with
sparsely populated residential development. There are four (4) property owners on (4)
parcels within 500 feet of this proposed facility. There are five residences on eight(8)parcels
within 1000 feet of the facility, and in the general the nearest residence approximately 1000
feet to the East from the entrance to the facility. There have been no letters or electronic mail
received and no telephone calls received for this land use proposal. Development Standards
and Conditions of Approval will ensure that this use will be compatible with surrounding land
uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
•
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the City of Fort Lupton. The City did
not return a referral indicating a conflict with their interests.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County dated 1979 designated the soils on this property"prime", however, given that
the 3.12 acre parcel contains the improvements from the historic use agricultural, the
applicant is utilizing the property for the highest and bet use.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
• The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
• Resolution USR-1758
Javier Barron-Sixtos
Page 3
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR-1758 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan, to address the parking of vehicles and equipment,the
outdoor storage of materials, including the trash dumpster associated with this facility
shall be screened from adjacent properties, including the public rights-of-way.
(Department of Planning Services)
3) County Road 22 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional forty(40)feet shall be delineated on
the plat as future County Road 22 right-of-way.All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the 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)
• 4) Please delineate the retention and drainage facilities to be within a drainage
easement which has been described on the plat and labeled as a "No Build or
Storage Area". (Department of Public Works)
5) All parking for this site must be off street and internal and delineated on the plot plan
map. Each parking space shall be equipped with wheel guards or curb blocks to
prevent vehicles from coming into contact with walls or other structures. (Department
of Planning Services)
6) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
D. The applicant shall submit to the Department of Public Works an Access Permit for the
property. Evidence of an approved access shall be submitted to the Weld County Department
of Planning Services. (Department of Public Works)
E. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated August 19, 2010. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Colorado
Division of Water Resources)
F. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval, the Screening Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
• G. The applicant must address the requirements (concerns) of Weld County Department of
Building inspection, specifically address the change of use for each structure located on the
property, as stated in the referral response dated August 31, 2010. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Building Inspection)
• Resolution USR-1758
Javier Barron-Sixtos
Page 4
H. The applicant must address the requirements (concerns) of Fort Lupton fire Protection
District, as stated in the referral response dated September 10,2010. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
The applicant shall submit payment for the administrative fee associated with requested
continuance of the Planning Commission hearing for land use case number USR-1758 for
Javier Barron-Sixtos, applicant. (Department of Planning Services)
J. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1) The applicant shall submit a dust abatement plan, detailing on site dust control
measures and how water is provided for dust control, for review and approval,to the
Environmental Health Services, Weld County Department of Public Health &
Environment.
2) In the event the applicant intends to utilize the existing septic system at the home,for
business use, the septic system shall be reviewed by a Colorado Registered
Professional Engineer. 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.
3) The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well(Permit#28967-A)is appropriately permitted
for the proposed business use.
4) The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
a) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
b) A list of the type and volume of chemicals expected to be stored on site.
c) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). as stated in the referral
response dated September 3, 2010. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
K. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. With approval, the Lighting Plan information shall be graphically delineated on
the USR Plat. (Department of Planning Services)
L. The applicant shall enter into an Improvements agreement to cover on-site and off-site
improvements and road maintenance. Evidence of Department of Public Works approval
•
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works and Planning Services)
M. 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)
• Resolution USR-1758
Javier Barron-Sixtos
Page 5
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 mapsco.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. Prior to the Release of Building Permits:
A. A Certificate of Occupancy is required to be obtained before the proposed use of the building
is occupied. (Department of Building Inspection)
•
B. An application and building permit is required for each structure that is constructed or has a
change of use. A plan review is required for each building or structure for which a building
permit is required. Two complete sets of plans are required when applying for each permit.
Include a Code Analysis Data sheet for the Weld County Building Department for each
structure that requires a permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer. (Department of Building Inspection)
C. 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)
D. All building plans shall be submitted to the Fort Lupton Fire Protection District for review and
approval prior to issue of building permits, (Department of Building Inspection)
E. A building permit shall be obtained prior to the construction of any new building. (Department
of Building Inspection)
F. Construction of a new building is proposed. Building permits shall be obtained prior to
starting. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. Include a
Code Analysis Data sheet for the Weld County Building Department for each structure that
requires a permit. Submittal plans shall include a floor plan showing the specific uses of each
•
area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or
Engineer(Department of Building Inspection)
• Resolution USR-1758
Javier Barron-Sixtos
Page 6
G. 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)
H. Provide evidence to the Weld County Department of Public Health &Environment that a well
has been appropriately permitted and installed to provide for potable water and sanitary use
for the facility. (Department of Planning Services)
Motion seconded by Nick Berryman.
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 Commissioners 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 December 7, 2010.
Dated the 7'"of December, 2010.
•
= LL4}IY\uto 1t`ei;itri,
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Javier Barron-Sixtos, dba JB Services, Inc.)
USR-1758
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(roust-
a-bout and excavating service) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon. (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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code.
9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
10. 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.
11. Adequate handwashing and toilet facilities shall be provided at all times.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. 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.
• Resolution USR-1758
Javier Barron-Sixtos
Page 8
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code.
16. Access to the site shall be from County Road 22 at the location as designated by the approved Access
Permit. (Department of Public Works)
17. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent
and shall be graded to prevent drainage problems. There is an existing concrete loading pad. Utilize the
existing access and departure points. (Department of Planning Services)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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)
19. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
20. All structures shall require building permits. (Department of Building Inspection)
21. Any lighting, including light from high temperature processes such as welding or combustion, shall be
designed, located and operated in such as manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with or construed as
traffic control devices. (Department of Planning Services)
22. Hours of operation, for the field crews are limited to 5:30AM until 6:30PM Monday through Saturday.
(Department of Planning Services)
23. Hours of operation for the Administrative Office are limited to 8:00AM to 5:30PM Monday through Friday.
(Department of Planning Services)
24. The number of employees associated with this facility is limited to twenty-three(23)persons. (Department
of Planning Services)
25. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure
of the County wide Road Impact Fee Program. (Department of Planning Services)
26. 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) (Department of Planning Services)
27. 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)
28. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
• Recorder. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code. (Department of Planning Services)
• Resolution USR-1758
Javier Barron-Sixtos
Page 9
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
31. Personnel from Weld County Government 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 Development Standards
stated herein and all applicable Weld County regulations. (Department of Planning Services)
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. (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. (Department of Planning Services)
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.
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
Resolution USR-1758
• Javier Barron-Sixtos
Page 10
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
•
•
1) -a-v2ol0
Mr. Craig said that they have had conversations with the Division of Water Resources and they have
submitted the application to change the wells to commercial use.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dirk Bassinger, Anadarko Petroleum Corporation, 1099 18th St, Ste 1800, Denver CO, stated that he
represents Anadarko Land Corporation. Mr. Bassinger said that they submitted an objection letter to Weld
County dated September 3, 2010. He added that Anadarko entities together own all the minerals that underlie
the portion of the lands in Section 21. Current rules and regulations of the Colorado Oil and Gas Conservation
Commission allow for five (5) drilling windows in each quarter section where the property is located. This
means that there are four (4) undrilled drilling windows in the southwest corner of Section 21. Anadarko
entities regularly work with developers and surface owners to reach agreements for the compatible
development of the surface estate and mineral estate or some other disposition of the minerals.
Representatives of Anadarko entities have met with Mr. Craig and have discussed location for oil and gas
operation areas and other oil and gas facilities, the terms of agreement and mutual use of the property for
existing and future oil and gas operations and the uses proposed by the applicant. As of this date,there is no
agreement that has been made and Anadarko does not foresee any agreement not being reached. Anadarko
entities request to r o Statutes and request that the County nclude as a
condition the a p oval for any final applli v
cation for development that an geement be reached(between the
applicant and Anadarko entities.
Mr. Ogle noted that Mr. Bassinger was referring to Condition of Approval 1.B. Commissioners Holton and
Lawley believed that the code stated the applicant shall attempt to reach an agreement. Mr. Holton suggested amending can show te
attempt has been made ion of Approval
obtai a to read
Use lcants Agreement will be allowed to itten lcontinue the processence that an to
completion."
ill Mark Lawley moved to amend Condition of Approval 1.6 as stated, seconded by Bill Hall. Motion carried.
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 AmUSR-1253,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, absent; Erich Ehrlich, yes; Robert Grand, absent;
H; Bill
l Hall,ll y Moes; tion tlr unanimously.absent; Jason
Maxey, yes; Roy Spitzer, absent; Mark Lawley, yes; Y
CASE NUMBER: US
e Barron-Sixtos
158 PLANNER:APPLICANT:
Kim Ogle
REQUEST: A Site Gas
Specific Development
and Service Facility (oust---a-bout)Special the A(Agriculturral)Zone
O'
and Gas Support
District.
LEGAL DESCRIPTION: Lot AE-2266; Section 16,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 22; 0.5 miles west of CR 31.
Staff stated that the applicant, Javier Barron-Sixtos is unable to make the hearing meeting today and has
requested a continuance of case USR-1758.
Bill Hall moved to continue Case USR-1758 to the December 7, 2010 Planning Commission meeting,
• seconded by Mark Lawley. Motion carried.
Trevor Jiricek,Planning Director, presented the 2011 Planning Commission hearing dates. Mr.Jiricek noted
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4 i y,
that the July hearing date will be held on July 12, 2010 due to an observed County Holiday on July 5, 2010.
I Bill Hall moved to approve the 2011 Planning Commission hearing dates as presented, seconded by Erich
Ehrlich. Motion carried.
Meeting adjourned at 2:45 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
al
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/JZ- 7- /o
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, December 7, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton -Chair r9
Mark Lawley-Vice Chair ° too
Nick Berryman
Erich Ehrlich -'
Robert Grand S°y;, rn-4
Bill Hall r rS ^� <
Roy Spitzer co U)
Alexander Zauder _.
Jason Maxey
Also Present Kim Ogle, Chris Gathman, Michelle Martin, Department of Planning Services; Heidi Hansen,
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 November 2, 2010 Weld County Planning Commission minutes,
seconded by Erich Ehrlich. Motion carried.
CASE NUMBER: USR-1758
APPLICANT: Javier Barron-Sixtos
• PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility(roust-a-bout and excavating service) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2266; Section 16,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 22; 0.5 miles west of CR 31.
Kim Ogle, Planning Services, stated that this case was continued at the November 2, 2010 Planning
Commission hearing as the applicant or their appointed representative was not present.
The property is currently in violation (ZCV09-00038)for the operation of a roust-about company without first
obtaining the appropriate zoning permits. If the application is approved by the Board of County
Commissioners and all conditions of approval are met and the plat recorded, the violation will be dismissed.
The facility is located within the three mile referral area of the City of Ft. Lupton. The City of Ft.Lupton did not
respond.
The site is bordered by agricultural uses which are predominately pasture with sparsely populated residential
development. There are four (4) property owners within 500 feet of the facility. In addition there are five
residences on eight(8) parcels within 1,000 feet of the facility.
The applicant is proposing an onsite septic system and water will be provided by an individual commercial
well. The Division of Water Resources, in their referral dated August 19, 2010, stated that the well cannot be
used to serve the site and a commercial well must be obtained. The applicant has filed paperwork for the
commercial well; however that application was returned as it was incomplete.
• Eleven referral agencies reviewed the case and seven offered comments which have been incorporated into
the conditions of approval and development standards. No letters, electronic mail or telephone calls have
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been received regarding this case.
• The Department of Planning Services recommends approval of this case along with the attached conditions of
approval and development standards.
Mr. Ogle requested an amendment to the Conditions of Approval, specifically 1.1 to read"The applicant shall
submit payment for the administrative fee associated with requested continuance of the Planning Commission
hearing for land use case number USR-1758 for Javier Barron-Sixtos, applicant".
Lauren Light, Environmental Health, stated that water is provided by a well. Currently, the well is limited to
domestic use and the applicant will need to re-permit the well to commercial use. There is an existing septic
system for the house onsite which is sized for eight (8) people. There are 23 people who come to the site;
therefore the applicant will need to have the system evaluated or they can install a new system for the
employees. More information is required for the Dust Abatement and Waste Handling Plans.
Heidi Hansen, Public Works, stated that County Road 22 is an arterial roadway requiring 140 feet of right-of-
way; currently there is 60 feet of right-of-way. A traffic count taken in April 2009 indicated 1,209 vehicles per
day. The applicant is utilizing the existing access off of County Road 22. The applicant is providing a water
quality depression to control run-off.
Rosalina Barron, 120 S Columbine St, Johnstown CO,stated that they have a roust-about service. The site is
used mainly for storage because the employees come in and take their work orders and leave the site. The
employees are there for a maximum of two hours. Ms. Barron indicated that she is talking to the Division of
Water Resources to obtain the commercial well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• Jason Maxey moved to add a new Condition of Approval 1.1 as stated by staff and re-letter accordingly,
seconded by Roy Spitzer. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1758, 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; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1756
APPLICANT: James& Lori Meining
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 25 dogs and 1 cat) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2048; located in part of the NW4 of Section 9,T3N, R66W of the 6th
P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 29; approximately 1,100 feet south of CR 36.
Chris Gathman, Planning Services, commented that this application is to correct a zoning violation (ZCV10-
00037)for operating a kennel without first obtaining the necessary Weld County zoning permits. Should this
application be approved the violation will be dismissed.
The site is located in an agricultural area. The nearest single-family residences are located approximately 600
• feet to the south and approximately 850 feet to the east from the proposed kennel facility.
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