HomeMy WebLinkAbout20113162.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,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: USR11-0002
APPLICANT: Robert Devoe
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Special Review Permit for Oil
and Gas Support and Service (on-site storage/staging of work
vehicles, trailers, equipment and supplies for servicing oil and gas)
in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE-2452; Part SW4 Section 9, T4N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to County Road 46 and east of and adjacent
to County Road 53.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
• Section 22-2-20.G 2. A.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.
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
(3rd AMUSR-996), three(3)residences are located approximately 350 feet to the south of the
• site, approximately 800 feet to the north of the site and approximately 1,000 feet to the
southwest of the site, agricultural land is immediately to the east of the site and a 4,000 head
dairy facility (AMUSR-1140) is located approximatel 1,000 feet to the west.
EXHIBIT
11. 2011-3162
WRlI-0007_
Resolution USR11-0002
Robert Devoe
Page 2
• 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.
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.
The Planning Commission recommendation for approval is conditional upon the following:
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)
Resolution USR11-0002
Robert Devoe
Page 3
• 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)
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)
•
Resolution USR11-0002
Robert Devoe
Page 4
• 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)
Motion seconded by Mark Lawley.
•
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
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 November 1, 2011.
Dated the 1st of November, 2011.
• Kristine Ranslem
Secretary
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)
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)
Resolution USR11-0002
Robert Devoe
Page 6
• 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
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)
Resolution USR11-0002
Robert Devoe
• Page 7
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
•
Resolution USR11-0002
Robert Devoe
Page 8
• producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
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.
•
) ) - - 20I1
• The Chair read the following case into record.
CASE NUMBER: USR11-0002
APPLICANT: Robert Devoe
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Special Review Permit for Oil
and Gas Support and Service (on-site storage/staging of work
vehicles, trailers, equipment and supplies for servicing oil and gas)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE-2452; Part SW4 Section 9, T4N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to County Road 46 and east of and adjacent
to County Road 53.
Chris Gathman, Planning Services, stated that this request is to correct a zoning violation(ZCV11-00011)for
the presence of a commercial operation without first obtaining the necessary Weld County Zoning Permits.
This complaint was initiated upon an inspection of an almost adjacent violation case turned in by a private
citizen. Should this application be approved and the final plat is recorded,the violation will be dismissed. If this
application is denied, all commercial storage and operations shall be removed from the property within thirty
(30)days. If denied, staff requests this violation case be forwarded to the County Attorney's Office with a delay
of legal action for thirty(30) days.
The site is located immediately to the east of an injection well facility(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.
• Eight(8) Referrals were sent out in regards to this case. Five(5) referrals were received either indicating no
conflicts with their interests or have been addressed as conditions of approval and/or development standards.
The site is located outside of the three-mile referral area of a municipality.
No phone calls, letters or e-mails have been received from surrounding property owners regarding this
application.
Given the proximity to the residences, staff is proposing a number of conditions of approval and development
standards to address/ensure compatibility with adjacent land uses. Staff is requiring that the applicant
completely screen the outside storage/parking area for trucks/semis with a minimum 6-foot high opaque fence
and submit a lighting plan for review and approval. Additionally, development standards have been added
outlining noise standards, in addition to limiting the number of employees, and hours of operation to what has
been stated in the application.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Heidi Hansen, Public Works, stated that County Road 53 is classified as a collector roadway, requiring 80 feet
of right-of-way at build out. In March 2010 there were 1,054 vehicles on the roadway. County Road 46 is
classified as a local roadway. In August 2008, there were 84 vehicles on that roadway. The applicant will be
using the existing access onto County Road 46. Staff had no additional concerns with this request.
Mary Evett, Environmental Health, stated that the existing home is served by an existing septic system
permitted for three bedrooms or six people. There are offices that the employees use within the home. The
existing system will need to be evaluated by an engineer to determine if it is adequate for employee use.
Water to the site is provided by Central Weld County Water District. Dust Abatement and Waste Handling
• Plans have been submitted and approved. Staff had no additional concerns with this request.
Shawn Devoe, 26015 CR 46, stated that he owns and operates the oilfield construction business that supports
11 EXHIBIT 5
USR.11-0ti0?.
• oil and gas industries. He said that he initially built the house and shop and lived there. He added that he was
not aware that he needed a land use permit to operate his business from there. He said that they operate 5 to
6 days a week and stores the business vehicles there. Mr. Devoe stated that he no longer lives at this site.
He added that the home is utilized as an office facility only. Most of the guys come in the morning to get their
trucks and leave for the day. He further added that there is typically no more than three or possible four
people throughout the day. Mr. Devoe indicated that they are in the process of having an engineer come out
to evaluate the septic system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0002, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:35 pm and reconvened the meeting at 2:46 pm.
The Chair introduced the next case into record.
CASE NUMBER: USR11-0010
• APPLICANT: Jeffery Reck
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility(roust-a-bout,excavating and port-a-let
service) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: SE-1015; Part NW4NW4 Section 12, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 48; 0.25 miles east of CR 35.
Kim Ogle, Planning Services, stated that the property is currently in violation, (COMP11-00092) as the
violation was initiated due to the operation of Waste Logistics, LLC and associated commercial storage
without the necessary Weld County Zoning Permits. This case has not yet been presented to the Board of
County Commissioners through the violation hearing process.
The site is located within three miles of the City of Greeley and the Towns of LaSalle and Milliken. The Towns
of LaSalle and Milliken returned referrals indicating no conflict with their interests and the City of Greeley did
not return a referral.
The roust-a-bout, excavating and port-a-let service facility is presently in operation on site and is located in an
area that allows good access to the oil field. The entire business is screened from public rights-of-way and
adjacent properties. Lands surrounding this facility are in seed production, agriculture, including the Miller
Feedlot to the north and near oil and gas encumbrances.
The U.S.D.A Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this
property as "Prime". However, there is no irrigation water associated with the parcel. The applicant is
proposing an on-site septic system and the water will be provided by an individual commercial well.
• There are four(4) property owners on four parcels within 500 feet of this proposed facility. There have been
no letters or electronic mail received and no telephone calls received for this land use proposal.
6
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