HomeMy WebLinkAbout20241183.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Barney Hammond, 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
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0003
R24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review for Oil and Gas
Support and Service, including a 3750 square foot storage and equipment
maintenance building for company vehicles only. screened outdoor storage of
company vehicles, company equipment and materials associated with oil and gas
operations and one double walled fueling station, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RECX15-0001. being part of the SE1/4 of Section
32. Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 86; approximately 975 feet west of County
Road 41.
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 22-2-10. Guiding principles.
Respecting Private Property Rights. One of the basic principles upon which the United States was
founded is the right of citizens to own and utilize property so long as that use complies with local
regulations and does not interfere with or infringe upon the rights of others.
The proposed use allows the property owner to utilize their property to run their business in
compliance with the Weld County Code and all other applicable laws. and given the minimal impact
on the surrounding area, does not interfere with or infringe upon the rights of others.
Promoting Economic Growth and Stability. Land use policies have a significant impact on economic
conditions in the County and should be structured to encourage economic prosperity. To ensure
the continued strength of Weld County's economy. land use processes and decisions based on this
plan shall be consistent and promote fiscally responsible growth.
The property owner owns the business, which has expanded into Weld County to provide much
needed services to the oil and gas industry in the DJ Basin. The site is located in a prime area to
provide such services without unduly impacting the County's road network that would result if
unnecessary travel miles were added to each job.
Protecting Health, Safety, and General Welfare. Land use regulations and policies will protect and
enhance the health. safety. and general welfare of the citizens of Weld County.
The Hutton's business provides necessary services to our community, and generally enhances the
general welfare of the citizens of Weld County. The minimal impact as the business is appropriately
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 2
regulated by the Use by Special Review permit process, which protects the health and safety of
the neighbors
Section 22-2-40 - Economic Development Goals and Objectives
Support compatible economic development opportunities
The Hutton's business is directly tied to the DJ Basin and energy development The location
presents an economic opportunity both to the Hutton's themselves, but also to the recipients of their
services, which benefit from the centralized location of their service yard which is substantially
closer (and therefore more efficient) than other available oilfield service providers to the south The
site appears to be compatible with the surrounding land uses, the Comprehensive Plan supports
this opportunity `,
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District
Section 23-3-10 — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses "
This code section supports the oil and gas support and service facility as the facility supports natural
resource extraction and energy development
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands consist of pastures, crops, and rural residences The closest residence is
adjacent to the west
There are two (2) USR within one mile of the site USR-1471 for three (3) 183 -foot in height radio
towers and USR18-0077 for a high-pressure gas line both located southwest of the property
The Weld County Department of Planning Services sent notice to eighteen (18) Surrounding
Property Owners Planning staff received no correspondence from surrounding property owners or
interested persons
The applicant has been in contact with the Surrounding Property Owner to the west who expressed
no concerns with the proposed use
The Conditions of Approval require that the applicant submit an Improvements Agreement (for dust
control and damage repair) and a Screening Plan
The proposed use is in an area that can support this development and the existing screening, the
Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the
region
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
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 3
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the Coordinated Planning Agreement Area (CPA) for the Town of Ault
As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI) The
Town of Ault did not submit a Notice of Inquiry response The Town of Ault's Future Land Use Map
delineates this property as being located outside of the Town boundary, Primary Growth Area and
Planning Area
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is/is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program Building Permits issued on the proposed lot will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee Programs
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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 48% of the site
consists of low -slope (1-3%) Thedalund loam This soil type is classified as "Farmland of local
importance" No Prime Farmland will be removed from production
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
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 can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility,
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Road Maintenance Agreement is required at this location Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes (Development Review)
B The applicant shall acknowledge the requirements of the Weld County Oil and Gas Energy
Department as stated in the referral response dated January 31, 2024 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
Resolution USR24-0003
Hutton Family Trust. c/a K -La Construction, LLC
Page 4
C. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
D. A Screening Plan shall be submitted to and accepted by the Department of Planning Services that
screens the site from the Surrounding Property Owners and rights -of -way. (Department of Planning
Services)
E. The applicant shall submit evidence that the double walled fueling station has the appropriate
permits from State of Colorado Department of Public Health and Environment, Department of Labor
and Employment, Division of Oil and Public Safety. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
The applicant shall submit evidence that the double walled fueling station has the appropriate
permits from Ault Fire Protection district. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0003 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the screening in accordance with the accepted Screening Plan.
(Department of Planning Services)
The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. if applicable. (Department of Planning Services)
8. The map shall delineate the parking area for the construction equipment and employees.
(Department of Planning Services)
9. Show and label all recorded easements and rights -of -way shall be delineated on the map by
book and page number or reception number. (Department of Planning Services)
10. County Road 86 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall delineate and label on the site map the future
and existing right -of- way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated.
The applicant shall also delineate the physical location of the roadway Pursuant to the
definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured
from the future right-of-way line. The western portion of the roae
(Development Review)
Resolution USR24-0003
Hutton Family Trust, c,/o K -La Construction, LLC
Page 5
11 Show and label the access point onto CR 86 Include the access usage type, the accepted
access width, and the accepted access turning radii on the site plan (Development Review)
12 Show and label the drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) 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 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning Services)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded Activity shall not occur, nor shall, any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement (Department
of Planning Services)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage
Elijah Hatch
Pamela Edens
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Absent
Skip Holland
Butch White
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of'the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 7, 2024
Dated the 7. of May, 2024
4a a., YL{iith iYL
Kristine Ranslem
Secretary
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hutton Family Trust
USR24-0003
1 Site Specific Development Plan and Use by Special Review, USR24-0003 for Oil and Gas Support and
Service, including a 3750 SF storage and equipment maintenance building for company vehicles only,
screened outdoor storage of company vehicles, company equipment and materials associated with oil
and gas operations and one double walled fueling station, outside of subdivisions and historic townsites
in the A (Agricultural) Zone District, 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 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services
4 The hours of operation are 7 00 a m — 6 00 p m Monday — Saturday (Department of Planning
Services)
5 The number of on -site employees shall be up to two (2) as stated in the application materials
(Department of Planning Services)
6 The number of commercial vehicles shall be up to twenty (20), as stated in the application materials
(Department of Planning Services)
7 The parking area on the site shall be maintained (Department of Planning Services)
8 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code (Department
of Planning Services)
9 The existing landscaping and proposed screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan Required screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs sooner
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time (Department of Planning Services)
10 No Derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the
site (Department of Planning Services)
11 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code (Development Review)
12 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
13 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
14 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
15 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Development Review)
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 7
16 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
17 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination (Department of Public Health and Environment)
18 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 (Department of Public Health and Environment)
19 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 The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code and the approved waste
handling plan (Department of Public Health and Environment)
20 Fugitive dust should attempt to be confined on the property Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations and the approved dust abatement plan
(Department of Public Health and Environment)
21 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
22 Any On -site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public
Health and Environment)
23 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary (Department of Public Health and Environment)
24 For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way (Department of Public Health and Environment)
25 In the event the applicant intends to utilize the existing OWTS, for employee use, the system shall be
reviewed by a Colorado Registered Professional Engineer The review shall consist of observation of
the system and a technical review describing the system's ability to handle the proposed hydraulic load
The review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current Regulations
(Department of Public Health and Environment)
26 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)
27 Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
28 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map 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 maybe confused with, or construed as, traffic control devices (Department of Planning Services)
Resolution USR24-0003
Hutton Family Trust, do K -La Construction, LLC
Page 8
29 Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and
structures 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 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the
start of construction (Department of Building Inspection)
30 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs
31 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
32 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
33 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 (Department of
Planning Services)
34 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department
of Planning Services (Department of Planning Services)
35 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners (Department of Planning Services)
36 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated
37 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit
38 In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten (10)
days prior to the hearing If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 9
39 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of
the state face a critical shortage of such deposits, and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource
40 WELD COUNTY'S RIGHT TO FARM STATEMENT 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
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
Resolution USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Page 10
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
Summary of the Weld County Planning Commission Meeting
Tuesday, May 7. 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch. at 1:30 p.m.
Roll Call
Present Elijah Hatch. Skip Holland, Michael Palizzi, Virginia Guderjahn, Barney Hammond.
Absent: Butch White, Michael Wailes. Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader. and Molly Wright, Department of
Planning Services, Lauren Light, Department of Health, Karin McDougal. County Attorney, and Kris
Ranslem. Secretary.
[Pam Edens entered the hearing at 1:40 p.m.]
[Skip Holland left the hearing at 3:00 p.m.]
Case Number:
Applicant
Planner:
Request:
Legal Description:
Location
USR24-0003
Hutton Family Trust, c/o K -La Construction, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review for Oil and Gas
Support and Service, including a 3750 square foot storage and equipment
maintenance building for company vehicles only. screened outdoor storage of
company vehicles, company equipment and materials associated with oil and gas
operations and one double walled fueling station. outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RECX15-0001 being part of the SE1/4 of Section
32, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 86; approximately 975 feet west of County
Road 41.
Kim Ogle, Planning Services. presented Case USR24-0003, reading the recommendation and comments
into the record. Mr. Ogle noted that no written correspondence or telephone calls were received from
surrounding property owners regarding this application. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Bob Choate. 1711 61St Avenue Greeley, Colorado, stated that the Hutton's own K -La Construction and
have expanded into Weld County. He added that they are primarily based on the western slope and have
moved into the DJ Basin in Weld County. Mr. Choate stated that the applicant will obtain all the necessary
permits and intends to comply with the Weld County Code.
In response to Commissioner Hammond's inquiry, Mr. Ogle stated that there will be screening on the west,
south and east sides of the property. Mr. Hammond asked if the wall at the fueling station will be concrete.
James Hutton. 1273 0 1/2 Road, Lome. Colorado said it would have its own containment.
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 had anything they would like to add. Mr. Choate requested to amend
Condition of Approval 1.G.10 by deleting the last sentence as he believes it is an extra sentence. Mr. Ogle
is in support of that request.
1
Motion Amend Condition of Approval 1 G 10 by removing the last sentence "The western portion of the
road is maintained by Weld County", Moved by Michael Palau, Seconded by Virginia Guderjahn Motion
carried unanimously
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
Motion Forward Case USR24-0003 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Barney Hammond, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Virginia Guderjahn
Meeting adjourned at 4 20 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
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