HomeMy WebLinkAbout20150079.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. that the following resolution be introduced for denial by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0039
APPLICANT: EUDEN BALDERRAMA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR
ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY
EQUIPMENT - TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENT/VEHICLE STORAGE AND STAGING), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION , LOT B REC EXEMPT RE-4704; PART SW4 SECTION 22, T2N , R66W OF THE 6TH
P.M. , WELD COUNTY, COLORADO.
LOCATION: 1300 FEET EAST OF CR 31 ; NORTH OF AND ADJACENT TO CR 18.
be recommended unfavorably 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 not shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. 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 of the Weld County Code lists any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Heavy
Equipment and Truck Repair Shop along with outside equipment/vehicle storage and staging)
provided that the property is not a Lot in an approved or recorded subdivision plat or lotslparts of a
map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special
Review in the A (Agricultural) Zone District.
B. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with t4 existing
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surrounding land uses. The surrounding properties north of County Road 18 were ci•eated by
Recorded Exemption and are of varying size, with several encumbered by Special Use Permits,
including numerous kennels, a home business for semi-tractor trailer parking and an Oil and Gas
Office and Storage facility_ There are several residences in the immediate area , two residences
located to the northwest of the current parking area are 590 feet and 890 feet respectively: a
residence is also located approximately 510 feet to the south and a fourth residence is located
approximately 600 feet to the southwest. Distances are substantially closer to residences to the
northwest if the northern part of the property is utilized for the business. As previously stated, staff
is requiring a Screening Plan to screen outdoor storage/staging of vehicles, a Parking Plan to
address parking location on the property to mitigate the impacts of noise, exhaust headlight
sweep of residences onto neighboring properties and a Lighting Plan to direct lights downward
and away from neighboring properties as a condition of approval prior to recording the USR map.
C . 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 three miles of the City of Fort Lupton. The City returned a re - _ . - - . A
•
21 , 2014 stating prior to moving forward the City requests the applic. Ex IBIT
annexation . The City also had concerns about impacts to County Road 18
the applicant may utilize that would impact City Streets. 4
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A05-oei T
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 2
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.
Should the Board of County Commissioners approve the proposal , the Planning Commission recommends the
following conditions:
1 . Prior to recording the USR map:
A. The applicant shall submit a revised waste handling plan , for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan shall
include disposal/recycling of batteries and other scrap parts generated from vehicle maintenance,
including the names, telephone numbers and addresses of the waste handlers and
disposal/recycling facilities. ( Department of Public Health and Environment)
B. The applicant shall address the requirements (concerns) of the Kerr-McGee Oil & Gas OnShore LP,
as stated in the referral response dated August 20, 2014. Evidence of such shall be submitted . in
writing , to the Weld County Department of Planning Services. ( Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated July 24. 2014 . Written evidence of such
shall be submitted to the Weld County Department of Planning Services. ( Department of Planning
Services)
D. The applicant shall address the requirements (concerns) of the Department of Public Works —
Access Permit division , as stated in the referral response dated August 14, 2014. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall address the requirements (concerns) of the State of Colorado, Division of Water
Resources, as stated in the referral response dated July 28, 2014. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
F . The applicant shall attempt to address the requirements (concerns) of Public Service Company of
Colorado, as stated in the referral responses dated August 20 and August 21 . 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
( Department of Planning Services)
G . The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton , as
stated in the referral responses dated August 21 , 2014. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. ( Department of Planning Services)
H . The applicant shall submit written evidence of a commercial well/water tap to the Department of
Planning Services and the Department of Public Health and Environment. (Department of Planning
Services)
The applicant shall provide evidence to the Department of Planning Services that all noncommercial
junkyard items. including tires, metal drums, miscellaneous materials located on the property are
screened from all adjacent properties and public rights-of-way. or have been removed from the
property. (Department of Planning Services)
J . The applicant shall submit a Lighting Plan to the Department of Planning Services. for review and
approval . Any lighting poles and lamps shall comply with Section 23-3-360 . F which states. in part,
that, "any lighting shall be designed , located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties. " ( Department of Planning Services)
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 3
K. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services for
review and approval. All parking areas shall be screened from adjacent properties and public rights
of way. (Department of Planning Services)
L. The applicant shall submit a Signage Plan to the Department of Planning Services, for review and
approval , if signage is desired . Signs shall be in compliance with Chapter 23, Article IV, Division II
and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning Services)
M . The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval . This updated parking plan shall show the dimensions of the drives and the
parking stalls including the ADA parking stalls. The applicant shall comply with Appendix 23-B of
the Weld County Code and the Section 208 of the 2010 Americans with Disability Act and provide
an adequate number of parking stalls. Further, the applicant shall delineate curb stops for the
parking spaces shown on the Use by Special Review map. ( Department of Planning Services)
N . The applicant shall submit a letter to request the vacation of SUP-103 for a Kennel and USR-1516
for a 200 animal Greyhound Kennel that currently encumber the property. (Department of Planning
Services)
O. An Improvements Agreement will be required for this site. Road maintenance including damage
repairs and triggers for improvement will be a part of the Agreement (trucking and haul route).
(Department of Public Works)
P. Standard tracking control or approved alternate is required onto CR18. ( Department of Planning -
Engineering)
Q . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR14-0039 ( 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 the trash collection areas. Section 23-3-350. H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5. The approved Landscape/Screening Plan . (Department of Planning Services)
6. The approved Lighting Plan . (Department of Planning Services)
7 The approved Signage Plan . ( Department of Planning Services)
8. The approved Parking Plan . (Department of Planning Services)
9. County Road 18 is designated on the Weld County Road Classification Plan as a collector
road , which requires 80 feet of right-of-way at full buildout. The applicant shall verify and
delineate on the map the existing right-of-way and the documents creating the 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)
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 4
10. Show the approved access on the map and label with the approved access permit number
(AP14-00326). ( Department of Public Works )
11 . The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be
indicated in accordance with Section 23-3-50. E of the Weld County Code.
12. Show the Public Service Company Easement adjacent to the North property line.
(Department of Planning Services)
13, Show WQCV, cubic feet volume on plat. Provide calculations for review with our drainage
engineer. ( Department of Public Works)
14. Show on the map the approved tracking control. ( Department of Planning - Engineering)
15. 60ft minimum radii and 24-36ft wide clear access width meeting the Weld County Criteria for
commercial/Industrial accesses is required . (Department of Planning - Engineering )
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 USR 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. 0 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 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 (MOB). . . The preferred format for Images is .tif
(Group 4) . (Group 6 is not acceptable) This digital file may be sent to mapsco.weld.co. us. (Department
of Planning Services)
5 . Prior to Construction :
A. If more than 1 acre is to be disturbed , a Weld County grading permit will be required prior to the start
of 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)
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 5
Motion seconded by Bruce Sparrow
VOTE:
For Denial Against Denial Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 4, 2014.
Dated the 4th of November, 2014.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Triple B Transport
Euden and Bianca Balderrama
USR14-0039
I . A Site Specific Development Plan and Use by Special Use Permit, USR14-0039, for any use permitted as a us
right. an accessory use. or a use by special review in the commercial or industrial zone districts (heavy equipm
trucking and truck repair shop along with outside equipment/vehicle storage and staging), provided that the prop
is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
regulations controlling subdivisions in the A (Agricultural) Zone District. subject to the Development Stand
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. aber-of on-site employees shat en-su-rate. with the -n-umber-of persons which-the septic
ate in accordance with-fhe-cep-ui rem ents Of-the-Weld-County-Code, pertaining to
Onsite Wastewater Teeatment-Syster (O.W.T-: ) Regotations. 4Departrnent of Plan-a-iog Services)
4. The hours of operation are 6:00 a. m. - 10:00 p. m. Monday — Sunday. as stated by the applicant(s).
( Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act.. 30-20-100. 5.
C. R. S. , as amended) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination . ( Department of Public Health and Environment)
6 . No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100. 5, C . R S. , as amended. ( Department of Public Health and Environment)
7. 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 the approved Waste Handling Plan , at all times. ( Department of Public Health and
Environment)
8. 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)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in
accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and
Environment°
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code. ( Department of Public Health and Environment)
11 . Adequate drinking , hand washing and toilet facilities shall be provided for employees and patrons of the facility.
at all times. For employees or contractors on site for less than 2 consecutive hours a day and 2 or less
employees, 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)
12 . Sewage disposal shall be by septic system for the residence and shop. Any septic system located on the
property must comply with all provisions of the Weld County Code. pertaining to Individual Sewage Disposal
Systems. ( Department of Public Health and Environment)
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 7
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the residence
and shop. The facility shall utilize the private water supply. (Department of Public Health and Environment)
14. 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)
15. 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)
16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E) , Water Quality Control Division , as applicable.
( Department of Public Health and Environment)
17. 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)
18. 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)
19. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Landscape/Parking/Signage/Lighting Plans. (Department of Planning Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to Chapter 15, Articles
I and II . of the Weld County Code. (Department of Public Works)
21 . The historical flow patterns and runoff amounts will be maintained on the site. ( Department of Public Works)
22 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
( Department of Public Works)
23. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently. the following have
been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National
Electrical 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 . ( Department of Building Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of
Chapter 23 of the Weld County Code
25. 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.
RESOLUTION USR14-0039
EUDEN BALDERRAMA
PAGE 8
26. 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.
27. 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.
28. 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.
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 IItJui�S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. October 7, 2014
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,
Jason Maxey, at 1 :30 pm.
Roll Call.
Present: Benjamin Hansford , Bruce Johnson . Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman , Terry Cross.
Also Present: Kim Ogle and Tiffane Johnson . Department of Planning Services: Wayne Howard .
Engineering. Don Carroll, Department of Public Works: Lauren Light, Department of Health ; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion : Approve the September 16, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Benjamin Hansford . Motion passed unanimously.
CASE NUMBER. USR14-0039
APPLICANT EUDEN BALDERRAMA
PLANNER KIM OGLE
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS ( HEAVY EQUIPMENT - TRUCKING AND
TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENT/VEHICLE
STORAGE AND STAGING). PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL ) ZONE
DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-4704 PART SW4 SECTION 22. T2N. R66W OF THE
6TH P. M. . WELD COUNTY, COLORADO.
LOCATION 1300 FEET EAST OF CR 31 NORTH OF AND ADJACENT TO CR 18
Kim Ogle. Planning Services, stated that the applicant is requesting a continuance to the November 4.
2014 Planning Commission hearing due to a medical emergency
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
of this application .
Dale Dexter, 8326 CR 31 , stated that he is an adjacent property owner. He said that it should be heard
today. He added that it is not compatible with the agricultural and residential area .
The Chair stated that the applicant and their representative are not here due to a medical emergency and
added that the request is to continue this case. Mr. Dexter stated that he is in favor of continuing this
case to the November 4th hearing _
Motion : Continue Case USR14-0039 to the November 4, 2014 Planning Commission hearing, Moved by
Benjamin Hansford. Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford . Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman. Terry Cross.
CASE NUMBER. USR14-0045
APPLICANT BARTS VENTURE LLC. C/O RANDY KNEEBONE
PLANNER . KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE EXHIBIT
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGH
9
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 4, 2014
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,
Jason Maxey, at 1 : 30 pm.
Roll Call.
Present: Benjamin Hansford. Bruce Johnson, Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle. Chris Gathman. and Tom Parka Department of Planning Services; Wayne
Howard and Jennifer Petrik. Department of Engineering: Lauren Light, Department of Health: Brad
Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion : Approve the October 21 , 2014 Weld County Planning Commission minutes. Moved by Joyce
Smock, Seconded by Bruce Johnson . Motion passed unanimously.
CASE NUMBER. USR14-0039
APPLICANT EUDEN BALDERRAMA
PLANNER. KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT - TRUCKING AND
TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENT/VEHICLE
STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4704. PART SW4 SECTION 22. T2N , R66W OF THE
6TH P. M. WELD COUNTY, COLORADO
LOCATION. 1300 FEET EAST OF CR 31 : NORTH OF AND ADJACENT TO CR 18.
Kim Ogle. Planning Services, presented Case USR14-0039, reading the recommendation and comments
into the record . Mr. Ogle noted that four (4) letters have been received from surrounding property owners
in opposition to this case. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Maxey referred to the visual slide where the RV's were parked and asked if those are
located on the subject site or on the adjacent property. Mr. Ogle replied that they are on another
property, which is currently in violation as well.
Jennifer Petrik, Engineering, reported on the existing traffic. access and drainage conditions and the
requirements on site. Ms. Petrik suggested adding a condition of approval to reflect tracking control that
states "Standard tracking control or approved alternate is required onto CR18." Additionally. she
recommending adding a condition of approval that reads "60ft minimum radii and 24-36ft wide clear
access width meeting the Weld County Criteria for commercial/Industrial accesses is required" and also
adding a condition of approval that reads "Show on the map the approved tracking control"
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on-site
dust control , and the Waste Handling Plan .
Commissioner Maxey noted that there seems to be a discrepancy with the development standard
numbers and asked if there is something that we need to change. Ms. Light recommended that
Development Standard 3 needs to be removed because the applicant will not have a septic system on
site for employees.
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Larry Carroll, The Carroll Group, stated that he represents the Mr. Balderrama. Mr. Carroll said that in
discussion with Kerr McGee, they stated that they need a larger area for oil and gas operation ; therefore
they are designating 9 acres on the northern portion of the property for this operation. Mr. Carroll said
that they wanted to help the compatibility issue with the adjacent neighbors by putting the farming
operation and future residence adjacent to the east of the neighbors. Additionally, he said that the impact
of the business will be located to the south and hopefully this will help mitigate some compatibility issues.
Commissioner Wailes asked how long the applicant has been operating on site. Mr. Carroll stated that
the violation has been over one year. Commissioner Wailes asked how long the applicant has owned the
property. Mr. Carroll replied that he has owned it since 2005.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Dale Dexter, 8326 CR 31 , stated that he lives adjacent to the property and submitted the complaint
regarding this property two years ago. He stated that he is concerned with the exhaust from 15 idling
trucks which creates smoke and is harmful to his family. Additionally, he is concerned with environmental
hazards such as an oil leak. Mr. Dexter stated that he is also concerned with the amount of truck traffic
and the deterioration of the roads_ He added that there is an industrial park three miles away that is
better suitable for this.
Commissioner Hansford asked how long he has lived there. Mr. Dexter said that they have lived there for
three (3) years
Commissioner Smock asked what the exact complaint was two years ago. Mr. Dexter said that there was
someone in the trailers and he was concerned about how the sewage was being handled . He added that
this is getting to look more like a disposal site.
Commissioner Smock asked Mr. Ogle to verify if the RV trailers are on this site or the adjacent site. Mr.
Ogle said that the RV trailers were on an adjacent lot.
The Chair asked Mr. Dexter if he understood that there are landscaping and screening requirements for
this site. Mr Dexter said that he was not aware.
Commissioner Maxey asked what could be mitigated to make this work. Mr. Dexter said that the exhaust
is a problem and it directly affects his daughter who has asthma. He added that there isn't anything to
mitigate the exhaust.
Amber Cardillo and Sam Cardillo. 8478 CR 31 , stated that they live directly behind the site. They are
very concerned about this and have lived here because of the agricultural community and now they are
finding to keep it that way. She said that this is a commercial type of business right behind their house
and she emphasized her concern regarding the safety and security of their children.
Mr. Cardillo said that these trucks will be operating 24 hours per day. 7 days per week and they have no
peace with this operation. Ms. Cardillo submitted pictures to the Planning Commission that she took
today from their property. She is not sure how they could mitigate these issues from her home with the
safety, security, environmental issues, and dust. etc. Mr. Cardillo added that the storage for this site will
be right up against their fence.
Commissioner Maxey referred to the applicant's site plan and asked the Cardillo's about their thoughts of
the layout. specifically the impact on the property. Ms. Cardillo said that today they heard about the
landscaping and added that would be great but it won't mitigate the noise, security. lights, dust, etc.
Mr. Carroll said that there is a lot of emotion here and he understands that their homes and rights are
being changed He said that the applicant is requesting 15 trucks and added that they will not all arrive at
the same time. Each driver will come in their own vehicle and get in the truck and leave. He added that
no one will be staying on site. Mr Carroll said that it is a long window of operations and added that he
has talked with the applicant and he has indicated that there is some flexibility to change those hours.
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Mr. Carroll said that they will meet the landscaping requirements set by Weld County. He added that the
waste handling and septic will not be addressed until the maintenance shop is constructed . He further
added that there will not be any oil changes or maintenance performed on site until there is a shop to do it
in. Mr. Carroll stated that right now the site is used just for parking.
Commissioner Cross asked what the average age of the trucks are. Euden Balderrama said that the
average age of the trucks are 8 years.
Commissioner Maxey asked Mr. Balderrama to explain the time that the trucks idle. Mr. Balderrama
estimated the idle time to be 20 minutes in the winter time.
Commissioner Berryman asked what is being proposed for landscaping . Mr. Balderrama said that he
wants to have a good relationship with the neighbors and suggested having evergreen trees that would
surround the fenced area and is most visible from the Cardilllo's.
The Chair asked if the Planning Commission wishes to delete Development Standard 3 as stated by staff
Motion : Delete Development Standard 3, Moved by Bruce Sparrow, Seconded by Benjamin Hansford .
Motion passed unanimously.
Ms. Petrik recommended adding a Condition of Approval 1 . P to read "Standard tracking control or
approved alternate is required onto CR18".
Motion : Add Conditions of Approval 1 . P as suggested by Staff, Moved by Bruce Sparrow, Seconded by
Joyce Smock. Motion passed unanimously.
Ms. Petrik recommended adding a Condition of Approval 1 .0 14 to read "Show on the map the approved
tracking control". Additionally. she recommended adding Condition of Approval 1 .0. 15 to read "60ft
minimum radii and 24-36ft wide clear access width meeting the Weld County Criteria for
commercial/Industrial accesses is required".
Motion : Add Condition of Approvals 1 . 0. 14 and 1 . 0. 15 as suggested by staff. Moved by Nick Berryman,
Seconded by Bruce Johnson . Motion passed 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 USR14-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola. Seconded by Benjamin Hansford .
Vote: Motion failed (summary: Yes = 4. No = 5, Abstain = 0)
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Nick Berryman.
No: Bruce Johnson. Bruce Sparrow, Joyce Smock, Michael Wailes. Terry Cross.
Commissioner Wailes cited Sections 23-2-220.A.2, 23-2-220 A. 3 and 23-2-220.A.4. He said that based
on the landscaping information that they have received today; he doesn't feel that it can be mitigated
enough for the current residents.
Commissioner Cross stated that this use is not compatible with existing surrounding land uses.
Commissioner Sparrow agreed that it is no compatible with existing surrounding land uses.
Commissioner Smock stated that it is not compatible with existing surrounding land uses.
Commissioner Johnson agreed with it is a compatibility issue and added that it cannot be mitigated to
satisfy the necessary impact to the adjoining property owners
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Commissioner Berryman said that this is pushing his acceptance level.
Commissioner Hansford said that there are two other trucking companies within the same area.
Commissioner Jemiola said that he believes there are benefits and downsides to living in town and/or in
the country and he doesn't believe that living in an agricultural area provides you with a view and absence
of noise or unsightly metal tires. etc. Additionally, he believes the oil and gas industry is an auxiliary use
for agriculture.
Commissioner Maxey said that he is a big supporter of private property rights and that you should be able
to use your property how you want as long as it is within the County bounds. He said that he agrees with
Mr. Berryman that it is pushing the acceptance level; however on the other hand he believes the applicant
is agreeable to mitigating a lot of factors.
Motion : Forward Case USR14-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial , Moved by Michael Wailes citing Sections 23-2-220.A.2, 23-2-220.A.3 and 23-2-220.A.4.
Seconded by Bruce Johnson.
Commissioner Wailes stated that he supports private property rights but feels that in this particular case
we are pushing the bounds of what is the intended use. He encouraged the applicant to develop a
screening place for the County Commissioners to see that these issues can be mitigated: however as
they are today he doesn't believe they could be.
Commissioner Johnson said that he respects property rights but doesn't believe the applicant can
mitigate the harm that is being placed on the neighbors.
Vote: Motion passed (summary: Yes = 5, No = 4, Abstain = 0) .
Yes: Bruce Johnson, Bruce Sparrow, Joyce Smock, Michael Wailes. Terry Cross.
No: Benjamin Hansford . Jason Maxey, Jordan Jemiola. Nick Berryman .
CASE NUMBER. USR14-0050
APPLICANT WADE CASTOR AND DELAND CASTOR. C/O NOBLE ENERGY INC. AND
WATTENBERG HOLDING LLC
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE : (OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT. FRESH WATER PONDS TO BE UTILIZED FOR
HYDRAULIC FIELD EXPLORATION. CENTRALIZED OIL AND GAS
PROCESSING FACILITY: OIL AND GAS STORAGE FACILITY,
TRANSLOADING A CRUDE OIL PUMPING STATION AND RELATED
EQUIPMENT. A THIRTY-FIVE (35) FOOT IN HEIGHT COMMUNICATIONS
TOWER AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION E2NE4 SECTION 21 T9N, R59W OF THE 6TH P M WELD COUNTY.
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 104, WEST OF AND ADJACENT TO CR
115 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR14-0050, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards
Commissioner Sparrow said that he has a personal relationship with the applicant's representative. Julie
Cozad , but feels that he can make a fair and impartial judgment on this case.
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