HomeMy WebLinkAbout20102449.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Roy Sptizer, 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-1751
APPLICANT: William Askew, c/o Jane Stamp
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund
and Bernese Mountain Dogs) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 50: west of and adjacent to CR 17.
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 22-2-20 A.Goal 1 states, "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture." The parcel on which the Kennel facility is located consists of
approximately 1.2 acres. There are existing improvements: The residence, several
• outbuildings and a garage. The Kennel is for the raising and breeding of miniature
Dachshund and Bernese Mountain Dogs. Section 22-2-100.A C.Goal.1 states"Promote the
location of commercial uses within municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth management areas as defined in
municipal comprehensive plans, the Regional Urbanization Areas, Urban Development
Nodes or where adequate services are currently available or reasonably obtainable." The
property is served by the Little Thompson Water District and an ISDS system handles the
effluent flows.
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.K of the Weld County Code provides for Kennels (to
accommodate 50 dogs of two breeds 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 existing kennel has an active zoning violation (ZCV-09-00271)
for the presence of too many household pets. The applicant is seeking approval at this
location for up to 50 dogs of two breeds. Surrounding properties are predominately
agricultural in character. Staff contends that the existing use is compatible and that the
Development Standards and Conditions of Approval will ensure that this use is compatible
with adjacent 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 the 3-mile referral area for the Town of Johnstown,
Milliken and the City of Greeley. The Town of Milliken returned a referral indicating no
conflicts with their interests, the City of Greeley and the Town of Johnstown did not return a
•
referral.
2O1O-2449
Resolution USR-1751
William Askew, c/o Jane Stamp
Page 2
• E. Section 23-2-220.A.5 --The site is not located within the floodplain as defined by the FIRM
Community Panel Map 080266-0750C, dated September 28, 1982.
Effective January 1, 2003, Building Permits issued on the proposed lots 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 in the locational decision for the proposed use. The site is located in land
designated as "Prime" according to the according to the U.S.D.A. Soil Conservation Map,
dated 1979. The parcel, 1.2 acres in size, is surrounded by three County roads and is a
result of the realignment of CR 17.
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.
H. Section 23-4-400 — The attached conditions of approval and development standards will
ensure that the kennel will be operated according to the supplementary kennel requirements
outlined in this Section of the Weld County Code.
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:
Prior to recording the plat:
A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All plat sheets shall be labeled USR-1751. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Roads 50 and 17 are designated on the Weld County Road Classification
Plan as arterial roads,which require 140 feet of right-of-way at full build out.There is
presently 60 feet of right-of-way.An additional 40feet shall be delineated on the plat
as future County Roads 50 and 17 rights-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)
3. One single point of ingress and egress to County Road 50 must be delineated on the
plat. All other accesses must be removed from the plat. (Department of Public
Works)
• 4. The applicant shall show and label the Water Quality area on the Plat downstream of
the dog runs. (Department of Public Works)
Resolution USR-1751
William Askew, do Jane Stamp
Page 3
• 5. 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)
6. Three (3) parking spaces for the Kennel must be delineated on the plat. A
designated parking area for the property owner, separate from the three(3)required
parking spaces for the commercial operation must also be delineated. The
dimensions of parking spaces shall be indicated on the plat. Parking shall meet the
design requirements for off-street parking outlined in Appendix 23-A of the Weld
County Code. (Department of Planning Services)(Department of Planning Services)
7. All on-site lighting must be delineated on the plat
8. If a sign is proposed, the location shall be shown on the plat a minimum of twenty
(20) feet to the north of future right-of-way for County Road 50 and/or twenty (20)
feet to the west of County Road 17. The size of the sign is limited to 16 square feet.
(Department of Planning Services)
9. The applicant shall delineate the internal circulation pattern. (Department of
Planning Services)
D, All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
• E. The applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department
of Public Health & Environment. Written evidence of approval from the Weld County
Department of Public Health & Environment must be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
F. The applicant must submit a Screening Plan for all outdoor storage, including yet not limited
to the trash dumpster. (Department of Planning Services)
G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within 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)
3. The Department of Planning Services respectively requests a digital copy of this Use by Special
Review, as appropriate. 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 maps(a,co.weld.co.us. (Department of Planning Services)
•
Resolution USR-1751
William Askew. Go Jane Stamp
Page 4
•
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
• I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 5, 2010.
Dated the 5th of October, 2010.
f,)'tLG[SLJrLL- 1`ti�!
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jane M. Stamp
USR-1751
1. A Site Specific Development Plan and a Special Review Permit for a Kennel (to accommodate 50
dogs of two specific breeds: miniature Dachshund and Bernese Mountain Dogs), in the A
(Agricultural)Zone District, 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. The facility is limited to family and up to two (2) employees. (Department of Planning Services)
4. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
5. The facility is open for business 9AM through 8PM daily. (Department of Planning Services)
6. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed from the facility and disposed by a commercial hauler. (Department of Public Health and
Environment)
7. 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)
• 8. 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)
9. 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)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
12. 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)
13. This facility shall adhere to the maximum permissible noise levels for non-specified areas as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
14. Adequate drinking, hand-washing and toilet facilities shall be provided for employees and clients of
the facility, at all times. (Department of Public Health and Environment)
15. Sewage disposal for the facility shall be by septic system. In the event the applicant intends to
utilize the septic system at the existing home for clients and/or kennel sanitation needs, the septic
•
system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6
people and/or wastewater from the kennel flows into the septic system. If the system is found to
be inadequately sized or constructed the system shall be brought into compliance with current
regulations. Any septic system located on the property must comply with all provisions of the
Resolution USR-1751
William Askew, do Jane Stamp
Page 6
• Weld County Code, pertaining to Individual Sewage Disposal Systems. . (Department of Public
Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Little Thompson Water District). (Department
of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. . (Department of Public Health and Environment)
18. The historical flow patterns and run-off 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)
19. 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. (Department of Public Works)
20. The existing residential access and gravel driveway shall be graded and drained to provide all
weather access to the facility. (Department of Public Works)
21. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(Department of Public Works)
22. 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)
23. 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; 2003 ANSI 117.1 Accessibility Code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
24. All building plans shall be submitted to the Johnstown Fire Protection District for review and approval
prior to issue of building permits. (Department of Building Inspection)
25. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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)
27. The landscaping on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
Resolution USR-1751
William Askew, Go Jane Stamp
Page 7
• 30. Personnel from the 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.
31. 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.
32. 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.
33. 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 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.
Resolution USR-1751
William Askew, do Jane Stamp
Page 8
•
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.
•
•
10-s- aoi3
out prior to the Board of County Commissioner hearing. He asked staff to make note to the City of
Dacono that we feel the traffic study is suspect.
• Commissioner Lawley reiterated his concerns with public safety relating to traffic.
The Chair called a recess at 3:06 pm and reconvened the meeting at 3:16 pm.
Erich Ehrlich left the meeting.
The Chair read the following case into record.
CASE NUMBER; USR-1751
APPLICANT: William Askew, do Jane Stamp
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (to accommodate 50 dogs of two specific breeds: miniature Dachshund
and Bernese Mountain Dogs) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 50;west of and adjacent to CR 17.
Kim Ogle, Planning Services, commented that this is an existing kennel that has an active violation for the
presence of too many household pets.
The facility is within the three mile referral area for the Towns of Johnstown, Milliken and the City of Greeley.
The Town of Milliken returned a referral indicating no conflicts with their interests. The City of Greeley and the
Town of Johnstown did not return a referral. Surrounding properties are predominantly agricultural in
character with two residences in close proximity.
Thirteen referral agencies reviewed the case; five referral agencies offered comment, some with specific
conditions. There have been no letters or telephone calls received requesting information on the application
• from interested parties or surrounding property owners.
Mr. Ogle suggested removing Condition of Approval 1.F as the applicant has provided evidence from Little
Thompson Water District. In addition, he recommended adding a new Development Standard(Development
Standard #34) to include the Right to Farm Statement.
Heidi Hansen, Public works, commented that County Roads 50 and 17 are classified as arterial roadways and
require 140 feet of right-of-way; currently there is 60 feet of right-of-way. The traffic count on County Road 17
in August 2009 showed 4,025 vehicles per day. County Road 50 showed over 1,500 vehicles per day. There
were two dangerous accesses at this site. Staff requested that those accesses be closed and they have
complied with that. The applicants will utilize the existing residential access onto County Road 50 which is
further from the intersection.
Lauren Light, Environmental Health, stated that water is provided by Little Thompson Water District and there
is an existing septic system which is sized for six(6) people. If the system is used for the kennel operation or
if it exceeds six people per day then an engineered evaluation is required. Ms. Light said that she would like
the applicant to add to the Dust Abatement Plan that if dust becomes a problem it will be watered.
Ms. Light said that since the applicant has removed the repair shop from the request, Development Standard
17 may be deleted.
Robert Grand moved to delete Condition of Approval 1.F, Development Standard 17 and add a new
Development Standard 34 to include the Right to Farm Statement, seconded by Bill Hall. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• The Chair asked the applicant if 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.
6
Roy Spitzer moved that Case USR-1751, 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, absent. Motion carried unanimously.
The Chair read the following case into record:
CASE NUMBER: USR-1746
APPLICANT: White Bear Management, LLC dba Polar Gas Front Range
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts(propane gas storage and
service yard), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivision in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-828; Part SW4 of Section 9, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 22; east of and adjacent to CR 29 Section Line.
Kim Ogle, Planning Services, commented that this application is for a propane storage and service yard with
up to six (6) bullet tanks located on approximately 4.5 acres.
The facility is within the three-mile referral area for the Town of Platteville and the City of Ft. Lupton. Both the
Town of Platteville in their referral, dated June 16, 2010, and the City of Ft. Lupton in their referral,dated June
18, 2010, indicated no conflict with their interests. The surrounding property is primarily agricultural with oil
• and gas encumbrances, several residential structures, and an oil and gas support and service facility
approximately 2 miles to the east of proposed facility. Staff has received two(2)letters from adjacent property
owners and several phone calls from interested parties concerning this case. Staff is requiring a screening
plan for all elements of outside storage from public rights-of-way and adjacent properties as required in
Section 23-3-250.A.9 of the Weld County Code. The applicant has indicated that an eight foot tall opaque
fence will be installed to mitigate this concern.
Mr. Ogle noted several issues that staff will want to further discuss:
• Evidence of potable water and sanitary facilities associated with the facilities.
• A dumpster must be provided on site for any type of refuge that may be deposited.
• The ability of the oilfield producers and associated personnel to utilize the existing oil and gas access
which is across this property to lands to the east of the parcel.
• The applicant has not included all of the property in the boundary for the USR.
Mr. Ogle stated that Senate Bill 35 is embodied in CRS 30-28-101 (10) (a) which defines the term
"subdivision"or"subdivided land". It states the following: " (10)(a)"Subdivision"or"Subdivided Land"means
a parcel of land in the state which is to be used for condominiums,apartments,or other multiple dwelling units,
unless such land when previously subdivided was accompanied by a filing which complied with the provisions
of this part 1 with substantially the same density, or which is divided into two or more parcels, separate
interests, or interests in common, unless exempt under paragraph (b), (c)or(d) of this subsection (10). As
used in this section, "interests" includes any and all interests in the surface of land but excludes any and all
subsurface interests. A lease hold fits into the last sentence,where there is reference to"any and all interests
in the surface of the land." So, a leasehold that is less than 35 acres in size is considered an illegal division of
land according to the statute. Given the interpretation of Senate Bill 35,the applicant shall include all lands as
described in RE-828 in the permit boundary for USR-1746.
The Department of Planning Services recommends approval of the application with the attached conditions of
• approval and development standards.
Heidi Hansen, Public Works, stated that County Road 22 is an arterial road requiring 140 feet of right-of-way;
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