HomeMy WebLinkAbout20063302 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Roy Spitzer that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1568
APPLICANT: Pedro Saucedo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4224; being part of E2NW4 Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a Use by Right, an accessory use, or a Use by
Special Review in the Commercial or Industrial Zone
District (an office and storage building for materials used
by oil and gas operations) in the A (Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 20; approximately 1/2 mile
east ofCR31.
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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
indicate that the site can support the proposed use.Conditions of Approval and Development
standards ensure that a reasonable attempt will be made to be compatible with the region.
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.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a
Use by Special Review in the Commercial or Industrial Zone District (an office and storage
building for materials used for oil and gas operations) 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 surrounding property is primarily agricultural with five USR's for
kennels to the south of the property. The development standards and conditions of approval
will ensure compatibility with adjacent properties.
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 subject property lies within the three mile referral area of the City of Fort
Lupton. The City of Fort Lupton has no objections to the application.
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 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
EXHIBIT
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2006-3302
Resolution USR-1568
Pedro Saucedo
Page 2
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 applicant is proposing to
utilize a small portion of the property located in the northwest corner of the site for this USR
while also residing on the property.
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 Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If applicable,the applicant shall submit a detailed signage plan to the Department of Planning
Services. (Department of Planning Services)
B. The applicant shall submit to the Department of Planning Services a copy of a new recorded
agreement for the shared access specifically outlining the commercial use. (Department of
Planning Services)
C. The location of the dumpster and appropriate screening shall be submitted to the Department
of Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall provide current evidence to the Department of Public Health and
Environment and the Department of Planning Services that the facility has an adequate water
supply. The applicant has submitted a "Permit to Construct a Well" #64214-F"
documentation from Office of the State Engineer,Colorado Division of Water Resources. At
this time the well has not been drilled. Evidence of written approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment and
Department of Planning Services)
B. 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. Evidence
of written approval shall be submitted to the Department of Planning Services. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
C. The applicant shall provide the Department of Planning Services with a maintenance plan
Resolution USR-1568
Pedro Saucedo
Page 3
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
D. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etc.) and non-transportation (plant materials,
fencing, screening,water,signage etcetera). The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat. Or the applicant may submit evidence that all the
work has been completed and approved by the Department of Planning Services and the
Department of Public Works. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All the pages of the plat shall be labeled USR-1568. (Department of Planning
Services)
2. The off street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
3. Should exterior lighting be a part of this facility,all light standards shall be delineated
on the Use by Special Review Plat. (Department of Planning Services)
4. County Road 20 is designated on the Weld County Road Classification Plan as local
gravel road,which requires 60 feet of right-of-way at full build out.There is presently
60 feet of right-of-way.A total of 30 feet from the centerline of County Road 20 shall
be delineated on the plat as right-of-way.The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. This road is maintained by
Weld County. (Department of Public Works)
5. The applicant shall provide a minimum of twelve (12)parking spaces. The parking
spaces shall be equipped with wheel guards or curb blocks when necessary to
prevent vehicles from extending beyond the boundary of the space and from coming
into contact with other vehicles, walls, fences or plantings. (Departments of Public
Works and Planning Services)
6. The attached Development Standards. (Department of Planning Services)
7. The applicant shall submit two(2)paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning
Services)
3. Upon completion of 1. and 2. 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)
4. 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
Resolution USR-1568
Pedro Saucedo
Page 4
sent to maosaco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. Prior to issuance of building permit:
A. One month prior to construction a stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. Contact the Water Quality Control
Division of the Colorado Department of Public Health and the Environment at
www.cdohe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
B. The applicant shall submit building plans to the Ft. Lupton Fire Protection District for review
and approval. A letter of approval shall be submitted to the Department of Building
Inspection. (Ft. Lupton Fire Protection District)
C. An individual sewage disposal system is required for the proposed house, shop and office
and shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Septic permit number SP-0600102 has been issued but has not been finaled). (Department
of Public Health and Environment)
D. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pedro Saucedo
USR-1568
1. The Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District(an office and storage
building for materials used for oil and gas operations)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. Hours of operation will be 7:00 am to 8:00 pm Monday through Saturday as stated in the application
material. (Department of Planning Services)
4. The site shall be limited to no more than ten (10) employees as stated in the application material.
(Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way. (Department of Planning
Services)
6. 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)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. 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)
15. The applicant shall submit building plans to the Ft. Lupton Fire Protection District for review and
approval prior to the issuance of building permits. A letter of approval shall be submitted to the
Department of Building Inspection. (Ft. Lupton Fire Protection District)
16. 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)
17. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
18. The applicant shall be required to provide adequate dust suppressant chemical(magnesium chloride
or calcium chloride) for approximately 300 feet from adjacent residents on County Road 20. Dust
suppressant shall be placed a minimum of twice a year or as needed and determined by the Weld
County Public Works Department, Motor Grader Division Supervisor. Department of Public Works)
19. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
20. 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: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. The office will most likely be classified as
a B occupancy. The storage portion will most likely be classified as a S-2. (Department of Building
Inspection)
21. Buildings may require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
22. Fire resistance walls and opening,construction requirement,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)
23. Building heights shall be measured in accordance with 2003 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 for 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified. (Department of Building
Inspection)
24. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
25. 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)
26. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
27. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (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.
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.
Motion seconded by Doug Ochsner.
VOTE:
For Passage Against Passage Absent
Chad Auer
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Doug Ochsner
James Welch
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 August 15, 2006.
Dated the 15th day of August, 2006.
Donita May
Secretary
r
P-/5-
CASE NUMBER: USR-1568
APPLICANT: Pedro Saucedo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4224; being part of E2NW4 Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a Use by Right, an accessory use, or a Use by
Special Review in the Commercial or Industrial Zone
District(an office and storage building for materials used
by oil and gas operations) in the A(Agricultural) Zone
District.
LOCATION: South of and adjacent to CR 20; approximately 1/2 mile
east of CR 31.
Jacqueline Hatch, Department of Planning Services, said staff requested this case be removed from the
consent agenda due to letters they had received from surrounding property owners. Bruce Barker, County
Attorney, asked if it were pulled off the consent agenda, would Planning reschedule the case. Ms. Hatch
replied the case would be added to today's hearing items and would not be continued.
The Chair said Case USR-1568 would be heard after item number six on the agenda.
Tom Holton moved the Consent Agenda be approved as amended and forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes;Tom Holton, yes; Mark Lawley,yes; Doug Ochsner, yes; Roy Spitzer,yes;
James Welch, yes; Chad Auer, yes. Motion carried unanimously.
CASE NUMBER: USR-1564
APPLICANT: Harley & Patricia Troyer ��
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part N2 SE4 of Section 7, T2N, R66W.of the 6th P.M.,
Weld County, Colorado.
R EST: Site Specific Development Plan and Use by Special
Review for a business permitted as a use by right or
accessory use in the Commercial or Industrial Zone
District (Auction yard) in the A(Agricultural) Zone District.
LOCATION: \\ West of.and adjacent to Hwy 85 and south of and
adjacent to CR 22.5.
Hannah Hippely, Department of Planning Service�s, for Michelle Martin, asked the case be continued to
September 19, 2006, to allow for appropriate mineraM,otification.
Patricia Troyer, applicant,.sTepped forward and said she had't ee waivers from the three mineral owners and
preferred not to cor�nde to a later date. The Chair asked Mr. Ba?kerior procedural advice. Mr. Barker replied
his concern w,-we needed a waiver from everyone on the mineralthwItlessees list.
After review of the file, Jacqueline Hatch, Department of Planning Servic s. aid the applicant did have
p rwork from each owner/lessee but as this was Ms. Martin's case and she wTQut ill today,staff had not
repared to present the case today. \.
Chad Auer asked the applicant if she had anything else to add. Mrs. Troyer said they hold an`auction a few
times a year on bare ground and were not planning on building anything on the site and there w- - several
building code specifications in the correspondence from Ms. Martin.
Doug Ochsner asked if the case were continued to September 19,2006,would this pose any
upon completion of the auction yard. Mrs. Troyer said it would not, but she did not know what EXHIBIT
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.-bets
8- t - -L'AUtcto
desire any agement in water or sewer.
James Welch asked ut mills for law enforcement. Mr.Packard replied the Law Enfor ent Authority had
the ability to assess aroun yen mills.
Roy Spitzer asked about water and s r and who would build and ' ain the facilities. Mr. Packard said
Little Thompson Water District and St Vra anitation District d take over as soon as constructed and
dedicated prior to debt retirement and the facile ' would e a one year warranty period.
The Chair asked if there was anyone in the audi e who 'shed to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case 2 -04 St Vrain Metropolitan Distric , forwarded to the Board of County
Commissioners along with t onditions of Approval and Developme Standards with the Planning
Commissions recommen ion of approval. Tom Holton seconded the motion.
The Chair asked secretary to poll the members of the Planning Commission forth ' decision. Paul
Branham, ye • om Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer, yes; es Welch,
yes; Cha uer, yes. Motion carried unanimously.
T Chair said Case USR-1568 would be heard next and not last due to surrounding property owners I
the audience.
CASE NUMBER: USR-1568
APPLICANT: Pedro Saucedo & Gabriella Ramirez
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4224; being part of E2NW4 Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review
Permit for a Use by Right, an accessory use, or a Use by
Special Review in the Commercial or Industrial Zone
District(an office and storage building for materials used
by oil and gas operations) in the A(Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 20; approximately 1/2 mile
east of CR 31.
Jacqueline Hatch, Department of Planning Services, said the sign announcing the Planning Commission
hearing was posted August 4, 2006 by staff.
The application was submitted to correct the active zoning violation presently attached to the property, VI-
0500351, in Aristocrat Ranchettes. Due to the applicant's current property location in a subdivision,staff had
recommended they look for another piece of property and submit a USR on that lot. This application, if
approved, and once all commercial equipment was relocated to the new site, would correct the Aristocrat
Ranchettes zoning violation.
The applicant was proposing an office and storage building for the materials used for oil and gas operations.
The applicant had proposed an 80x120 storage building with a 6'vinyl fence for screening. The site would be
limited to no more than ten (10)employees and the hours of operations would be 7:00 am to 8:00 pm Monday
through Saturday.
The surrounding property was primarily agricultural with a few residences and five USR's for kennels to the
south of the property. The development standards and conditions of approval would ensure compatibility with
adjacent properties.
Nine referral agencies reviewed this case,one referral agency had no comment,six referral agencies included
conditions that had been addressed through the development standards and conditions of approval. No
comments were received from the State of Colorado Division of Wildlife or the Platte Valley Soil Conservation
5
District.
Three letters had been received from surrounding property owners. The first letter had concerns regarding the
proposed use not being compatible with the surrounding property, increased traffic, noise, dust and safety.
They also had concerns regarding oil contamination and the value of their property. The second letter had
concerns regarding contamination,change in the character of the neighborhood,effect on his property value,
visual impacts,and the impact of this use on his property. The third letter was concerned that the use was not
appropriate for a residential neighborhood.
The Weld County Department of Planning Services had reviewed the letters and felt the conditions of approval
and development standards were compatible with the neighborhood and recommended this application be
approved.
Cameron Keith,Western Engineering Consultants,460 Voyle St,Unit A Brighton,CO,80601,representing the
applicants gave an overview of the size of the area and the proposed use;clarified the intent of the use was
for storage of pipe works; pointed out that on the east side of property there were two Kerr-McGee oil wells;
traffic peaks would be morning and evening with very little during the day; and there would be no chemical
storage on the property.
Tom Holton asked about the specific nature of the business and what would be stored on the property. Ms.
Ramirez said it was storage for equipment related to their oil business;a one ton truck would be stored inside;
and there would be no tanks on the property.
Paul Branham asked how many vehicles would be involved. Ms. Ramirez said a total of four vehicles.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jay Pointer, 15104 CR 20, Fort Lupton, CO 80621, concerns were listed in his letter to Planning; also
concerned about separator tanks, stem pipe and trailer and visibility and would they be stored inside; value
and ability to sell his property; their property touches the applicant's property on the north west corner.
Paul Schomber,8700 CR 31, Fort Lupton, CO 80621,his Trust was not notified of this meeting; US National
Bank had not received a letter; did not want this application to move forward; industrial property next to
residences would lower property value;wanted to subdivide his property and felt this use would lower value of
his future plans.
Ms. Hatch said the surrounding property list was taken off the Assessor's web page and the applicants might
want to notify the Assessor's office of the correct address for the US National Bank in Chicago.
Susan Pointer, 15104 CR 20, Fort Lupton, CO 80621, asked for a copy of the development standards and
conditions of approval; said she walks her daughter and asked how intense the truck traffic would be;
welcomed the applicants to the neighborhood but not the business; asked about magnesium chloride
application for dust control on the road in front of her property; asked the Planning Commission to give her
time to review the staff comments before they ruled on the application; and asked for an explanation of the
application process.
Don Carroll, Department of Public Works, said the applicants were required to apply the magnesium chloride
for a distance of three hundred feet on the road.
The Chair explained that specific conditions had to be met by the applicant and then the application would be
forwarded to the Board of County Commissioners with recommendations. A sign posting, an upcoming
hearing date to be published, and another property owner notification would occur.
Ms. Hatch said she would provide Mrs. Pointer with a copy of the development standards and conditions of
approval.
The Chair closed the public portion of the hearing.
6
Tom Holton asked about fencing and would it go around the dumpster or property perimeter. Ms.Hatch said it
would go along the west side of parking area,the south side,and a little on the north side adjacent to the 80 x
120 building and it should be a six foot fence to block the visibility of the vehicles and would also screen the
dumpster.
Roy Spitzer asked Ms. Hatch for clarification on site photographs and what materials were stored on property.
Ms. Hatch replied the photo was of the neighboring property and it was miscellaneous equipment and a couple
of cars.
Mr.Keith,applicants representative,stepped forward to address concerns and answer questions and said he
appreciated the neighbor's observations; this would not be an industrial complex, it was simply a storage
building at present with plans for a residence in the future;access easement agreement would address dust
issue and driveway maintenance;the scale of the project was minute;and the storage building was to contain
business equipment.
The Chair asked the applicant if he had read and agreed with the development standards and conditions of
approval. Mr. Keith responded that he needed to read through them before he could agree.
Tom Holton asked about pipe storage, the semi trailer and the separator tanks and would Mr. Saucedo be
willing to extend the magnesium chloride application beyond the 300 foot requirement. Mr. Keith instructed
Mr. Saucedo not to respond as he had not read through all of the development standards and conditions of
approval yet and they had an access easement and still needed clarification as to who would maintain the
easement. Mr. Keith also asked if the County had any obligation to maintain the driveway.
Ms. Hatch said this was Lot B of a Recorded Exemption and Lot A& Lot B share an access and it was their
responsibility to maintain it and was a condition prior to scheduling with the Board of County Commissioners
the applicant obtain a new agreement with the property owner of Lot A. She added it was not the County's
responsibility to maintain the driveway.
Don Carroll reviewed Department of Public Works conditions and said access drive should be gravel,drained,
and provide adequate dust suppressant chemical (magnesium chloride or calcium chloride)for approximately
300 feet from adjacent residents on County Road 20. Dust suppressant shall be placed a minimum of twice a
year or as needed and determined by the Weld County Public Works Department.
Roy Spitzer inquired about traffic numbers and would eight to ten trips a day be reasonable. Mr. Keith
responded that vehicles accessing the site might be six to eight,occurring primarily at the beginning and end
of each day as employees were in the field the majority of the day.
Doug Ochsner asked staff if they had any more changes to the development standards and conditions of
approval. Ms.Hatch replied they did not. Mr. Ochsner added he was okay with the application,thought it was
compatible with the surrounding area, and would support the application.
Paul Branham said he appreciated the Pointer family's concerns but conditions of approval would address
dust abatement and screening, and it appeared the applicant would provide less visual pollution than was
presently in the area and he supported the application.
Tom Holton voiced his support of the application.
Roy Spitzer said he was comfortable with application and its compatibility with the area and if this business
were to change, the applicants would need to re-apply.
James Welch also agreed with the comments of the Planning Commission.
The Chair asked the applicants if they had read and agreed with the conditions of approval and development
^ standards. Mr. Keith replied that he had not read them yet.
The Chair suggested that out of respect for the public and their time, that he read them prior to the Board of
County Commissioners hearing and have his comments prepared for them.
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Roy Spitzer moved that Case USR-1568,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch,
yes; Chad Auer, yes. Motion carried unanimously.
The Chair reminded the applicants and audience there would be another opportunity to present their
information at the upcoming Board of County Commissioner's hearing.
CASE NUMBER: 2006-03- Kiteley Farms LLLP.
APPLICANT: Collins Cockrel & Cole
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-843; part NW4 of Section 27,T3N, R68W of
the 6th P.M.,Weld County, Colorado.
REQUEST: Service Plan for a Metropolitan District(Kiteley Ranch at
Foster Lake).
LOCATION: South of and adjacent to Hwy 66 and east of and
adjacent to CR 7.
Kim Ogle for Michelle Martin, Department of Planning Services, said the submitted Service Plan and
supporting Financing Plan were proposed to provide urban services within an area of Weld County that was
zoned PUD with (E) Estate and continuing Oil and Gas Production Uses in the Mixed Use Development
Overlay District. The subdivision was identified as Kiteley Ranch at Foster Lake PUD
on approximately 140 acres with 427 residential Lots.
The applicant had indicated in their application that the financing plan and the content of the service plan
described the overall development plans for the project. The estimated cost of the public improvements,
including engineering and contingency,to be financed,acquired,constructed, installed and completed by the
District was expected to exceed 8,200,000.00,in 2006 dollars,with all improvements completed by December
2009. (18 million total, 8.2 million by District only)
It was the opinion of the Department of Planning Services'staff that the applicant had shown compliance with
Section 32-1-203(2)and Section 32-1-203(2.5), C.R.S.and Section 2-14-20 through Section 2-14-70 of the
Weld County Code
The referral dated July 23, 2006 addressed the concerns of Don Warden, Director of Finance. Mr. Warden
stated, the Financial Plan prepared by George K. Baum &Company appeared to be financially feasible and
prepared in accordance with the Weld County Code Section 2-14-300). The maximum mill levy of 65 mills
with 50 mills maximum for debt service and up to 15 mills for operations and maintenance was consistent and
in compliance with Weld County Code Section 2-14-20(H). The maximum debt mill levy imposition term was
consistent and in compliance with Weld County Code Section 2-14-30."
Fifteen referral agencies reviewed this case, four referral agencies had no comments and six responded
favorably or included conditions that had been addressed through development standards and conditions of
approval. No written comments had been received from: the Weld County Attorney's Office;the Oil and Gas
Conservation Commission;the Town of Berthoud;the Town of Firestone;the Town of Frederick;or the Town
of Mead.
Prior to staff comments, staff provided amended language prepared by Collins, Cockrell and Cole for the
Service Plan addressing concerns of staff at the direction of Bruce Barker, County Attorney;Additionally the
supplemental packet provided correspondence to the St. Vrain Sanitation District and the Little Thompson
Water District. The Department of Planning Services was recommending approval of the Service Plan and
supporting Financing Plan as submitted.
Paul Cockrel, Collins Cockrel & Cole PC, 390 Union Blvd., Ste. 400, Denver, CO 80228, applicant's
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