HomeMy WebLinkAbout20161454.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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 USR16-0006
APPLICANT RED OILFIELD SERVICES, LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES OIL AND GAS
SUPPORT AND SERVICE . (OFFICE/SHOP AND PARKING AND STORAGE OF
VEHICLES AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3015: PART E2NE4 SECTION 28, Ti N , R66W OF THE
6TH P.M. , WELD COUNTY, COLORADO.
LOCATION WEST OF AND ADJACENT TO CR 31 AND APPROXIMATELY TWO-TENTHS OF
A MILE SOUTH OF CR 6
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. "
tam At full buildout the site will contain a new 7.200 square foot shop. a 2 .000 gallon fuel storage tank, a
tr vehicle wash bay. 20 parking stalls for parking of fleet vehicles (pickup trucks), and outdoor storage.
fi m There will be 20 employees at full operation . The hours of operation are 6: 00 a. m . to 6:00 p. m .
X Monday thru Saturday. Pickup trucks and small equipment (roller compactor, pickup trailers. etc.) will
' P = be maintained and repaired in the 7,200 square foot shop. There are 4 outbuildings all being used for
pco storage of forms and concrete insulation blankets. There is an existing mobile home on the site which
—I will be utilized as a rental . In the future this mobile home may be converted to an office. If the use of
mobile home is changed to an office the State Well Permit will need to be converted to commercial
use. The business will use bottled water and portable toilets until the well permit is converted to a
commercial use_ The existing landscaping consists of 30 (thirty) 5 inch caliper trees Staff is
requesting that the lighting and the landscaping be shown on the USR map.
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 A 2 A Site Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development Facilities. Oil and Gas Support and Service (office/shop and parking
and storage of vehicles and equipment) 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 adjacent lands consist of pastures, crops, and rural residences. The closest residence is
approximately 260 feet north of the northern property line.
There are six (6) USRs within one mile of this site. SUP-93 for a 1 . 500 head feed lot is located
southwest of the site SUP-349 for a hog farm and CUP- 12 single family residence are located east
of the site. USR12-0011 for a non- 1041 major facility for a 16 inch natural gas pipeline. and USR-
1711 for a major facility of a public utility are east of the site. USR14-0018 for RV storage is located
2OI to -- t 454
RESOLUTION USR16-0006
RED OILFIELD SERVICES. LLC
PAGE 2
southeast of the site. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners that object to this Use by Special Review
(USR) .
The Development Standards and Conditions of Approval for this proposal will assist in mitigating the
impacts of the facility on the 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 site is located within the three (3) mile referral areas of the Cities of Brighton and Fort Lupton and
the Town of Lochbuie The City of Fort Lupton in their referral comments, dated March 15. 2016
indicated that they have no concerns. The City of Brighton and the Town of Lochbuie did not respond
with referral comments.
E . 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 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 .
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 proposed facility is located on 33 74 acres of soils designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed Use by Special
Review (USR) will not take 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. The applicant shall attempt to address the requirements (concerns) of Colorado Parks and Wildlife, as
stated in the referral response dated February 29, 2016. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
B The applicant shall attempt to address the requirements (concerns) of Brighton Fire Rescue District,
as stated in the referral response dated March 9. 2016. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. ( Department of Planning Services)
RESOLUTION USR16-0006
RED OILFIELD SERVICES. LLC
PAGE 3
C . The applicant shall attempt to address the requirements (concerns) of Brighton Lateral Ditch
Company. as stated in the referral response dated March 25. 2016. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
D . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services-Engineer)
E . The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR16-0006. (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 parking area for the trucks and employees (Department of Planning
Services)
6) The map shall delineate the screening for the outdoor storage area and the truck parking.
(Department of Planning Services)
7) The map shall delineate the lighting (Department of Planning Services)
8) 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)
9) 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/Stormwater Detention, No-Build or Storage Area" and shall include the calculated
volume_ (Department of Planning Services-Engineer)
10) County Road 31 is a gravel road and is designated on the Weld County Road Classification Plan
as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Department of Public Works)
11 ) Show and label the approved access (AP16-00076) , and the appropriate turning radii on the site
plan. (Department of Public Works)
12) Show and label the approved tracking control on the site plan. (Department of Public Works)
13) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
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 ) paper copy or 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
RESOLUTION USR16-0006
RED OILFIELD SERVICES . LLC
PAGE 4
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
p P
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 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 CAD formats are .dwg. . dxf, and .dgn (Microstation) : acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for Images is .tif
(Group 4) . (Group 6 is not acceptable). This digital file may be sent to maps(c�co.weld.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)
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 Terry Cross.
VOTE .
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 April 19 . 2016_
Dated the 191h of April, 2016
Digitally signed by Kristine Ranslem
.e Date: 2016.04.22 14:32:14 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Red Oilfield Services c/o Gerardo Rodriguez Zambrano
USR16-0006
1 . A Site Specific Development Plan and Use by Special Review Permit. USR16-0006, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (office/shop and parking and storage of vehicles
and equipment) 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 6 : 00 a . m . to 6: 00 p. m Monday thru Saturday. (Department of Planning
Services)
4. The number of employees shall be 20. (Department of Planning Services)
5. The parking on the site shall
s a 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 landscaping/screening on the site shall be maintained . (Department of Planning Services)
8. The historical flow patterns and runoff amounts on the site will be maintained . (Department of Planning
Services-Engineer)
9 . Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Planning Services-Engineer)
10. The property owner shall control noxious weeds on the site. (Department of Public Works)
11 . The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
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)
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)
RESOLUTION USR16-0006
RED OILFIELD SERVICES LLC
PAGE 6
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 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. The domestic
well (permit 299840) shall be repermitted to commercial if used in conjunction with the business.
(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 . Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
23. 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)
24. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. ( Department of Public Health and Environment)
25. 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)
26. Sources
u ces of light shall be shielded so that light rays not shine directly g y d ectly 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)
27. 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
o review. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or q ed an open hole inspection . (Department of Building Inspection)
28. 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.
29. 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 USR16-0006
RED OILFIELD SERVICES. LLC
PAGE 7
30. 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.
31 . 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.
32. 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 USR16-0006
RED OILFIELD SERVICES. LLC
PAGE 8
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches. electrical power for pumps and center
pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock. and open
burning present real threats, Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
pc_ N \ t oTES
u - l � - fib
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 19. 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, and 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12: 30 pm .
Roll Call.
Present: Bruce Johnson , Bruce Sparrow, Gene Stille. Jordan Jemiola. Michael Wailes. Nick Berryman,
Terry Cross
Absent. Benjamin Hansford . Joyce Smock.
Also Present Chris Gathman , Diana Aungst. Michelle Martin, and Tom Parko. Department of Planning
Services: Wayne Howard . Department of Planning Services — Engineering Division, Lauren Light and Ben
Frissell , Department of Health : Janet Lundquist. Public Works; Bob Choate. County Attorney. and Kris
Ranslem . Secretary.
Motion : Approve the April 5. 2016 Weld County Planning Commission minutes. Moved by Bruce Sparrow,
Seconded by Bruce Johnson . Motion passed unanimously
CASE NUMBER. USR16-0006
APPLICANT RED OILFIELD SERVICES. LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND
GAS SUPPORT AND SERVICE, (OFFICE/SHOP AND PARKING AND
STORAGE OF VEHICLES AND EQUIPMENT) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3015, PART E2NE4 SECTION 28, T1 N. R66W OF THE
6TH P M , WELD COUNTY, COLORADO
LOCATION WEST OF AND ADJACENT TO CR 31 AND APPROXIMATELY TWO-TENTHS
OF A MILE SOUTH OF CR 6
Diana Aungst, Planning Services. presented Case USR16-0006. reading the recommendation and
comments into the record. Ms. Aungst noted that one ( 1 ) letter was received from a surrounding property
owner in objection to this case. Additionally, a letter was received from Anadarko Kerr McGee and staff
requests that a condition of approval be attached to address their concerns. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Janet Lundquist. reported on the existing traffic, and access to the site.
Wayne Howard . Engineering . reported on the drainage conditions and the requirements on site
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control. and the Waste Handling Plan.
Chad Cox, Western Engineering Consultants, 20 South 5't' Avenue, Brighton , Colorado. stated that the
applicants purchased the property with some pre-existing conditions that they were not aware of such as
the unpermitted mobile home and unpermitted septic system . The applicants have done their best to
comply with Weld County regulations and request approval of this USR (Use by Special Review)
Mr. Cox stated that it is a family owned business with (7) seven employees. He said that oilfield pickup
trucks are stored on site. He added that the applicant's ultimate dream layout includes a 7200sf shop
building
Commissioner Sparrow asked if the chain link fence surrounds the property. Mr Cox said that the fence
does surround the perimeter of the site
EXHIBIT
U5t4 \ • - r •
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
James Massey. 15013 CR 6. stated that he owns the 80 acres south of and adjacent to this site and added
that he has lived in the area since 1948. He expressed concern over losing agricultural land He noted
that there is commercial property to the north of this site.
Barron Davis, 14995 CR 6, stated that he owns 47 acres adjacent to Mr. Massey. He said that the area is
a peaceful , residential, agricultural community and that is how they would like to see it stay. Mr. Davis feels
that it if this business is allowed it will detract from the quality of life that he has come to enjoy as well as
impact his property values. He said that this use is not consistent with the existing agricultural community.
Keith Tomson . 14989 CR 6. said that they are new to this area. He said that they expect their neighbors
to play by the rules and added that this fence is something you might see surrounding a correctional
institute He added that there is a lot of traffic going to their property.
Cindy Fortenberry. 15600 CR 6. agreed with the neighbors comments. She added that they do not want
to see commercial property move into the area.
Jerry Scott, 15511 CR 6. stated that he lives a quarter-mile northeast of this site. Mr. Scott said that this
community gets along really well and everyone lives out there for the peaceful . agricultural community. He
reiterated that this business should be located onto commercial property.
Paula Stueve. 13576 CR 6. Ft Lupton . said that when she first saw what was going on she thought they
really cleaned up the property and then the fence went in and it really changed the perspective of that area.
She added that when the train is stalled across the railroad track it stops all the truck traffic from Vestas
down to County Road 31 .
Ms. Stueve said that she is concerned that what the applicant is applying for is true because of two (2)
German-Shepard dogs that patrol the perimeter of the fence. She asked the Planning Commission to
respect the Right to Farm and keep this area agricultural
Mr. Cox said it sounds like there is some heavy truck traffic that exists: however he added that this business
does not propose truck traffic_ Mr. Cox said that the applicants did not try to operate this commercial
business in violation of the zoning code. He added that once they were notified they were in violation they
promptly complied with the Weld County Code.
Mr. Cox stated that the applicants are proposing to operate, initially seven (7) oilfield pickup trucks, with
potentially up to 20 trucks, when oil activity increases.
Mr. Cox said that the proposed use is consistent with the intent of the Weld County Code He added that
the lighting requirements were studied and they will comply with the requirements of the Weld County Code.
Commissioner Johnson asked why this particular site is in the agricultural community and not on
commercial zoned property. Mr Cox said that he couldn't answer that question as he wasn't part of this
project until after the applicants realized there were issues with this request. However, he added that the
applicants have not meant to undermine the existing way of life. Mr. Johnson asked if it would be a hardship
for the applicants if they were asked to relocate to a commercial or industrial area. Mr. Cox said that the
applicants have invested a substantial amount of money into the property for this request so it would be a
financial hardship. He added that there was a very involved neighborhood meeting and the applicants
received a lot of compliments with the clean-up that they have done on theproperty .
P
Commissioner Stifle inquired why the applicants installed that type of fence as well as the dogs patrolling
the fence. Mr. Cox said that the fence they chose is typical of what they saw on other oilfield service sites.
He added that he has three (3) large dogs himself.
The Chair asked staff about the recommended condition of approval addressing Anadarko Kerr McGee's
comments. Ms Aungst said that staff did receive a letter from Anadarko Kerr McGee; however no condition
of approval will be placed on the staff report_
2
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 USR16-0006 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 Terry Cross.
Vote: Motion passed (summary: Yes = 6, No = 1 . Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Michael Wailes, Terry Cross_
No: Nick Berryman .
Commissioner Berryman said that although he believes this could fit into the Code as it is currently written:
there is a high burden that as a violation case it tries to fit in with the neighborhood around it. He added
that the applicant needs to try and make every effort to have a good relationship with the neighbors and he
had seen some demonstrated opposition to the change of use in the character of this neighborhood.
Therefore for compatibility reasons. he is not in favor of this location.
Commissioner Cross said that this application does meet the County Code and added that he has a lot of
faith in staffs recommendation.
Commissioner Jemiola said that the applicants made a great effort to clean up this site He believes it is
important to work with the neighbors and highly encouraged the applicant to talk to the neighbors and
mitigate their concerns.
Meeting adjourned at 6:44 pm
Respectfully submitted .
Digitally signed by Kristine Ranslem
3U Date: 2016.04.22 14:33:41 -06'00'
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City,State, Zip
.,....77,11-' f" /./0/77-nt-S /77z/ -l� /I�-/ 'mss 746/.....40'21 �< 19z
cad' EL C,e„ ,�-, -5 z!s/z B2 9/ /.L4'0 sr---t-ei CO
C4 () s c! cci4tk- ao7 hi CR 4 4/uc/so..t) Cosoe `FL
( G T __ r e,:i kJLLos 2_,4--( _c•2_,-(€ 4,4_,A.,,_c0
hz;• - 5PetIA3-- (2 1315 e k a 4 ;q 1,\b kt cD ,
x 14E ...1 E-,n7 al3c CA l'-{l'-{ a cv
�� �tx _jai 55t ` 1 v� _, � ,-. o , r
6-,777.4e, nt 6.e...4,(4,,, /5 e i 3 U7 CR l b </*�i=
�lL- /4t l� i-v x. e
(a ��
.---5-; Se ' / 557/ C J<
1 �'7& Cam' 7± 6
\ � ; t 1K, �, i� n-e'c:� 3-0 c�C4_ X17 /I Ps `c3
'�/1_UCIIVA /iC,0RiI )Ric)
�, t,ol)C4 1�.1cl-? �i }�.OP SOd) of) ,(-).4;/�{� -� /-�
?�JiYi/( Con ✓'cam4 1145 so:JC� i( ¢/r BYuowt cicA GV00002Z
t \\ti va, grnv►cf-Ie,Z� %-- Si Q wire /e-eqd/ �f-F- ffv:dwm , CO
s- 4Sc )�'SV\P V\ L. \ c (cum+ L' `.24� Li? 7 14(4 CI ( CM
lf� k�,,;3 a 19'15 c,; 16 -�9 .1--! d s , . "?:/,' `4"7--
(ad I,o NvN-cz 2Utti-t°I Co Kp 9 Flvisc:n CO C-3:2 v.1-11_
i-)91)„ /CC a Vet/ Coi lA V?, ?Gy,
:'
pAdAt a-t.t P / 1 '2i c 1 cif ( 0 ±)
Hello