HomeMy WebLinkAbout20173529.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Bruce Johnson, 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:
USR 17-0036
DUSTY & KARRIE THOMAS
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STEEL FABRICATION) PROVIDED THAT THE PROPERTY IS NOT
A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS AND MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (ROUST -A-
BOUT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT C REC EXEMPT RE -3453; PART SE4 SECTION 26, T3N, R65W OF THE 6TH
P. M., WELD COUNTY, COLORADO.
APPROXIMATELY 0.5 MILE SOUTH OF CR 30; 1.0 MILE WEST OF CR 49.
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. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2 - A. Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
There will be a -10,000 square foot shop and outdoor storage on the site for the parking and staging
of a Roust -a -bout. There are seventy 70 employees who access the site. Hours of operation are 24 -
hours a day / 7 -days a week. The application materials indicate that the sign and the site lighting will
meet the requirements of the Weld County Code. A chain link fence will surround the site.
Section 22-2-20. H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development."
The residence on the site was built in 2000 and once the recorded exemption (RECX17-0102) is
completed the residence will be on Lot A and the steel fabrication business will be on located on Lot
B. Lot B of the new recorded exemption will be about 87 acres. Lot B will be serviced by a proposed
well and proposed on -site wastewater treatment system.
Section 22-2-20.1 - A. Policy 9.2. states, "Consider the individuality of the characteristics and the
compatibility of the region of the County that each proposed land use change affects. while avoiding
requirements that do not fit the land use for that specific region."
The steel fabrication operation and the parking and staging of equipment associated with the Roust -a-
bout will occupy 5 acres in the northeast corner of the lot. The rest of the will remain as non -irrigated
rangeland. In 2009 the site was approved for storage of cargo containers under USR-1678. The
applicant will vacate USR-1678 once this USR is approved. The site is located in an area that can
support this development and 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.
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 2
B Section 23-2-220 A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S_ which allows a Site Specific Development Plan and Use by Special Review
Permit for A Use Permitted as a Use by Right. an Accessory Use. or a Use by Special Review in the
Commercial or Industrial Zone Districts (steel fabrication) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions and Section 23-3-40.A.2 for Mineral Resource Development
Facilities including Oil and Gas Support and Service (Roust -a -bout) in the A (Agricultural) Zone
District.
Section 23-3-10 — Intent states. "The A (Agricultural) Zone District is also intended to provide areas for
the conduct of uses by Special Review which have been determined to be more intense or to have a
potentially greater impact than uses Allowed by Right."
The steel fabrication business and the associated Roust -a -bout business supports oil and gas and
agriculture. This region of the County (the corner of CR 49 and CR 30) has had a number of mineral
resource (oil and gas related) USRs approved in the past few years The closest residence is owned
by the property owner and the next closest residence is about 'A mile from the site of the shop and
storage area. The proposed USR is in an area that can support this development and 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.
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 non -irrigated pasture land and rural residences. The closest residences
are located approximately 100 feet south of the south property line and about 'A mile from the shop
and storage area.
There are eight (8) USRs within one mile of this site USR-1276 for a waste disposal site and
Amended USR-1276 for a composting facility are located west of the site MUSR16-11-0009 for an oil
and gas facility. USR-1420 for a second residence. USR15-0016 for a mineral resource facility.
MUSR13-0011 for a mineral resource facility. MUSR14-0025 for a mineral resource facility. and
MUSR16-0005 for a mineral resource facility are all located east of the site.
The Weld County Department of Planning Services has received one letter from the attorneys that
represent Mr. John Moser. Morwai Dairy. LLC and Wes Moser. Inc The letter indicates that they do
not oppose the USR but did have concerns about increase in the traffic and the potential for traffic
congestion. Additionally. the letter states that any future users of the site should be made aware of
the dairy operation and the impacts such as smells. flies. and other products from the operation The
letter has been sent to the applicant's representative for their review_
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 not located within a three (3) mile referral area of any municipality. nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI. of the Weld
County Code.
The site is not in an Airport Overlay District. a Geologic Hazard Overlay District, or a Floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 3
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.
Section 23-2-220 A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will not take approximately any Prime
(Irrigated) Farmland out of 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 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. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included. (Department of Public Works)
B. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company, as stated in the referral response dated August 11. 2017 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall address the requirements of the State of Colorado. Division of Water Resources,
as stated in the referral response dated July 20, 2017. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall complete a vacation of USR-1678. (Department of Planning Services)
E. The applicant shall record Recorded Exemption. RECX17-0102. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0036. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D of the Weld County Code. (Department of
Planning Services)
4) 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. (Department of Planning Services)
5) The map shall delineate the existing landscaping and/or screening. (Department of Planning
Services)
6) The map shall delineate the lighting, if applicable. (Department of Planning Services)
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 4
7) All signs shall be shown on the map and shall adhere to Chapter 23. Article IV. Division 2 and
Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning Services)
8) The map shall delineate the parking area (Department of Planning Services)
9) County Road 30 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall
be measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10) Show and label the approved access(es) (AP17-00358). and the appropriate turning radii (60')
on the site plan. (Department of Public Works)
11) Show and label the approved tracking control on the site plan. (Department of Public Works)
12) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
13) The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality Feature. No -
Build or Storage Area" and shall include the calculated volume. (Department of Planning
Services -Engineer)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services -Engineer)
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (.shp..shx..dbf, .prj) with a defined
coordinate system (i.e.. NAD 1983 UTM Zone 13N. WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet).... etc.).Thisdigitalfilemaybesenttomaps@coweld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 5
6. The Use by Special Review 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 Bruce Sparrow.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on November 7. 2017.
Dated the 7'h of November, 2017
Kristine Ranslem
Secretary
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dusty & Karrie Thomas
USR17-0036
A Site Specific Development Plan and Use by Special Review Permit. USR17-0036, for a Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (steel fabrication) provided that the property is not a lot in an approved or recorded subdivision
plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions and
Mineral Resource Development Facilities including Oil and Gas Support and Service (Roust -a -bout) 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. The hours of operation are 24 -hours a day / 7 -days a week. (Department of Planning Services)
4. The number of employees shall be 70. (Department of Planning Services)
5. The parking area on the site shall be maintained (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The existing landscaping on the site shall be maintained. (Department of Planning Services)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services -Engineer)
13. 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)
14. 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)
15. 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. (Department of Public
Health and Environment)
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 7
16. 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. (Department of Public Health and
Environment)
17. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C R.S. (Department of Public Health and Environment)
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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 and shall contain hand sanitizers. (Department of Public Health and
Environment)
19. Any septic system or holding tank 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)
20. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
21. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation. maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure. on an impervious surface. and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
23. 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)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with. or construed as. traffic control devices. (Department of Planning Services)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County 2012 International Codes: 2006 International Energy
Code: 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
26. 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.
27. 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.
RESOLUTION USR17-0036
DUSTY & KARRIE THOMAS
PAGE 8
28. 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.
29. 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 person 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.
30. 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 USR17-0036
DUSTY & KARRIE THOMAS
PAGE 9
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.
NZbrii,d-t5
11-1-11
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. November 7, 2017
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,
Terry Cross, at 12:35 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross. Tom Cope.
Also Present: Kim Ogle. Department of Planning Services: Hayley Balzano. Department of Planning
Services — Engineering Division: Ben Frissell, Department of Health: Evan Pinkham, Public Works: Bob
Choate. County Attorney, and Kris Ranslem, Secretary
Motion: Approve the October 17. 2017 Weld County Planning Commission minutes, Moved by Gene
Stille. Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR17-0036
APPLICANT DUSTY & KARRIE THOMAS
PLANNER. KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (STEEL FABRICATION) PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR
LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS AND MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (ROUST -A -BOUT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT C REC EXEMPT RE -3453: PART SE4 SECTION 26, T3N. R65W OF THE
6TH P.M . WELD COUNTY. COLORADO
LOCATION: APPROXIMATELY 0 5 MILE SOUTH OF CR 30. 1 0 MILE WEST OF CR 49
Kim Ogle. Planning Services. presented Case USR17-0036, reading the recommendation and comments
into the record. Planning Staff received one (1) letter from John Barry with Witwer, Oldenburg. Barry &
Groom, who represents John Moser of Wes Moser. Inc.. who indicated they were not opposed to the
request: however. they are concerned with the increase of traffic and the potential of traffic congestion. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Tim Naylor. AGPROfessionals. 3050 67th Avenue. Greeley, Colorado. stated that the applicants are
requesting a land use permit for a steel fabrication shop and oil and gas support company for various
agricultural and oil and gas operations. The applicant wanted to create a buffer from the two (2) closest
residences to the south by placing the facilities on the northern portion of the subject property. Mr. Naylor
noted that the applicants are currently leasing a property for their operations at County Road 48 and County
Road 49: therefore, all the traffic is currently in the 3 to 5 mile area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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EXHIBIT
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The Chair asked the applicant if they have read through the 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 USR17-0036 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 Bruce Johnson. Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stifle, Jordan Jemiola. Lonnie Ford, Michael Wailes. Terry
Cross. Tom Cope.
Meeting adjourned at 2:08 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
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