HomeMy WebLinkAbout20143156.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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: USR14-0036
APPLICANT: KB CUSTOM AG SERVICES LLC
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW (EQUIPMENT STORAGE YARD RELATED TO
CUSTOM FARMING OPERATIONS)AS LONG AS THE USE COMPLIES WITH
THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4098,PART W2 SECTION 17,T7N,R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 80; BETWEEN CR 39 AND CR 41.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. The proposed use is consistent with Chapter
22 and any other applicable code provisions or ordinance in effect Section 22-2-20.A
(A.Goal 1)states, "Respect and encourage the continuation of agricultural land uses and
agricultural operations for purposes which enhance the economic health and sustainability
of agriculture."
Section 22-2-20.8.2 (A.Policy 2.2) states, "Allow commercial and industrial uses, which are
directly related to, or dependent upon, agriculture, to locate within agricultural areas when
the impact to surrounding properties is minimal or mitigated and where adequate services
and infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of agricultural
land from production."
Section 22-2-20.G (A.Policy 7.1) states, "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas, when the impact to surrounding properties is minimal, or can
be mitigated, and where adequate services are currently available or reasonably obtainable."
Section 22-6-20.A(ECON.Goal 1)states, "Encourage the expansion of existing businesses and
the location of new industries that will provide employment opportunities in the County."
Section 22-6-20.A.2(ECON.Policy 1.2)states, "Promote the expansion and diversification of the
commercial economic base to achieve a well-balanced commercial sector in order to provide a
stable tax base and a variety of job opportunities for County citizens."
The applicant is proposing to use the property for the storage of agricultural equipment used for
a custom farming operation that is unique and specialized. Farmers recognize the changing
dynamic of agricultural operations and the need for the farming industry to find alternatives for
creating a more efficient means harvesting. The proposed business offers opportunities and
services that allow crops to harvested efficiently and cost effectively,thereby supporting our local
growing agricultural industry and allowing opportunities for expansion and employment.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
EXHIBIT
RESOLUTION USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 2
Section 23-3-40 W. of the Weld County Code provide for Site Specific Development Plan and
Use By Special Review Permit for uses similar to the uses listed in Section 23-3-40 as Uses by
Special Review(equipment storage yard related to custom farming operations) as long as the
use complies with the general intent of the A(Agricultural) Zone District.
In the referral from Zoning Compliance dated July 9, 2014 it was stated that and an active
Zoning Violation(ZCV11-00086)was noted. This violation was initiated due to the operation of a
custom farming business without first completing the necessary Weld County Zoning Permits.
This case has not been presented to the Weld County Court Magistrate through the Violation
Hearing process. This application, if it is approved and a map is recorded, will correct the
violation.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties have large agricultural lands to the south,
east and west,a horse training facility(USR-997)directly adjacent to the east,and a dairy and a
feedlot(USR-1583 and USR-199AM)to the north. There are two residences within 500 feet of
the proposed facility. One phone call was received from an adjacent property owner concerned
with the potential for the outdoor storage to become a junkyard. The property owner also
expressed concerns about parking of junk vehicles and general property maintenance
specifically not keeping the weeds mowed down on the property. He is concerned about it
becoming a junk yard and indicated it seems more like a trucking activity than farming activity.
He indicated that he has not contacted the property owner or called the county prior to today.
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 area of the Town of Ault and the Town of
Eaton. Neither the Town of Ault nor the Town of Eaton provided a referral.
E. Section 23-2-220.A.5--The application complies with Chapter 23,Article V,of the Weld County
Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital
Expansion Impact Fee area.
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 approximately 6.00 acres Prime Non-Irrigated Farmland per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This property,as
well as the property directly east of and adjacent to this parcel are both triangular shaped parcels
created by a Recorded Exemption that appeared to have been created as a result of being the
corners off a pivot.
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.
RESOLUTION USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 3
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 address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated July 10, 2014. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
B. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items 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)
C. The applicant has supplied a Drainage and Water Quality Feature. Please provide additional
information on how the runoff will be directed to the water quality feature. (Department of
Planning Services)
D. The applicant shall provide evidence to the Department of Planning Services that the derelict
vehicles belong to the property owner. (Department of Planning Services)
E. 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)
F. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services
for review and approval. All parking areas and outdoor storage shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
G. 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)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0036 (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 applicant shall delineate locations for the fuel storage with the size and type.
(Department of Planning Services)
RESOLUTION USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 4
6. The applicant shall delineate how runoff will be directed to the water quality feature.
Label the cubic feet of both water quality features and label as"no build/storage area".
(Department of Planning Services)
7. The approved Landscape/Screening Plan. (Department of Planning Services)
8. The approved Lighting Plan. (Department of Planning Services)
9. The approved Signage Plan. (Department of Planning Services)
10. County Road 80 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat 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)
11. Show the approved access on the plat and label with the approved access permit
number AP14-00262. (Department of Public Works)
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 plat 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 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
mapsco.weld.co.us. (Department of Planning Services)
5. 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 USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 5
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage 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 October 7, 2014.
Dated the 7`h of October, 2014.
Digitally signed by Kristine
9� YLQ� kai'zfltuk , Ranslem
Date:2014.10.10 09:43:50-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KB CUSTOM AG SERVICES, LLC
USR14-0036
1. A Site Specific Development Plan and Use By Special Review Permit,USR14-0036,for uses similar to the
uses listed in Section 23-3-40 as Uses by Special Review (equipment storage yard related to custom
farming operations) as long as the use complies with the general intent of the A (Agricultural) Zone
District. (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; seven days a week,as stated in the application. (Department
of Planning Services)
4. The signage on the site shall be maintained in accordance with the approved Signage Plan per Chapter
23, Article IV of the Weld County Code. (Department of Planning Services)
5. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
6. The landscaping/screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
7. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
9. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored,and disposed of 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)
11. 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)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
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)
14. 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)
RESOLUTION USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 7
15. 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)
16. 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)
17. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
20. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department
of Public Works)
21. 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)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
26. 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.
RESOLUTION USR14-0036
KB CUSTOM AG SERVICES LLC
PAGE 8
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.
t.ei1 it(4.
Commissioner Smock referred to the application material and said it stated that at certain times of the
year they may need 24 hours of operation. Mr. Ogle said that if the applicants receive a permit to assist
road projects outside of daylight hours, then the applicants are required to submit a written letter, as well
as a copy of the awarded contract, so that they can operate 24 hours.
Brad Yatabe, County Attorney, referred to Development Standard 20 which includes the hours of
operation. Commissioners Maxey and Smock said that this development standard satisfied their
question.
Wayne Howard, Engineering, reported on the existing traffic, access and 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.
Garrett Varra, 8120 Gage Street, Frederick, Colorado, stated that their materials provide construction
materials to the County as well outside the County. They feel the demand for these materials will stay
steady with the oil and gas operations as well as any commercial and residential developments.
Commissioner Maxey asked if the hours of operation will be similar to their other pit, which is west of this
site. Mr. Varra said that they will work daylight hours due to safety reasons, unless there is maintenance
on the vehicles that are needed. However, he referred to the 2013 flood event where they worked during
night time hours to get that material out for road construction.
Commissioner Maxey asked if any recreation opportunities will be available upon reclamation. Mr. Varra
said that there are two options currently: 1) live water groundwater pond or 2) water storage vessel. The
types of recreational opportunities available are fairly close with each other such as bird watching, hunting
and fishing and boating prospects.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Ogle suggested amending Condition of Approval 2.13 to read "The approved Lighting Plan".
Additionally, he suggested amending Condition of Approval 2.14 to read "The approved Signage Plan."
Motion: Amend Conditions of Approval 2.13 and 2.14 as stated by Staff, Moved by Nick Berryman,
Seconded by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0023 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 Jordan Jemiola, Seconded by Bruce Johnson.
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: USR14-0036
APPLICANT: KB CUSTOM AG SERVICES LLC
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW (EQUIPMENT STORAGE YARD RELATED TO
CUSTOM FARMING OPERATIONS)AS LONG AS THE USE COMPLIES WITH
THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4098: PART W2 SECTION 17, T7N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EXHIBIT
i
LOCATION: NORTH OF AND ADJACENT TO CR 80; BETWEEN CR 39 AND CR 41.
Tiffane Johnson, Planning Services, presented Case USR14-0036, reading the recommendation and
comments into the record. Ms. Johnson noted that one letter was submitted by a surrounding property
owner expressing concerns regarding general property maintenance and the possibility of the site
becoming a junkyard. Ms. Johnson added that the applicant uses this site for personal storage as well
and it appears that a number of the vehicles appear to be noncommercial; therefore staff is requesting
that those items be enclosed within a building or visually screened from all adjacent public rights-of-way
and adjacent property owners. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Engineering, reported on the existing traffic, access and 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.
Ms. Johnson read the letter submitted by Roy Martin into the record and showed on a visual slide the
pictures he submitted.
Commissioner Wailes asked if the reason for the USR is due to the active zoning violation and lack of
building permit on the structures. Ms. Johnson said that the applicants were sent a zoning violation letter
regarding the custom agricultural operation and the letter provided direction on how to correct the
violation. Commissioner Maxey said that the addition of having derelict vehicles is also a piece of this
because that is a separate portion. Ms. Johnson said that based on the definition of a noncommercial
junkyard it requires that it be fully enclosed or screened on all rights-of-way and adjacent properties. She
added that this is a product of the USR during the review.
Commissioner Johnson asked Ms. Johnson what her opinion is if this nontraditional agricultural
equipment storage falls under this type of use in an agriculture area. Ms. Johnson said that based on the
agricultural zone district of the property, the applicant has uses by right and accessory uses of the
property. Among those accessory uses are non commercial junkyard derelict vehicle items that require
screening. She added that the commercial custom farming operation requires the USR permit.
Deanne Frederickson, AGPROfessionals, 3050 67th Avenue, stated that KB Custom Farms is a
commercial harvesting operation. There is a home office in Ault where maintenance of the vehicles are
done as well as bookkeeping. The employees report to the site in Ault but there are employees at this
subject site from time to time.
Commissioner Johnson asked how they will handle the derelict vehicles. Ms. Frederickson said that the
derelict vehicles are used for derby cars and understands that they are unsightly. She added that the
owners are willing to screen the parts of the property that are unsightly.
Commissioner Maxey asked Ms. Johnson how the derelict vehicles are merged with the USR for custom
farming, specifically in regard to screening. Ms. Johnson said that the USR, like any commercial outdoor
storage, requires screening per the county code. She added that if you take the USR out of the picture
and you look at what can occur on that property, people can have those noncommercial junkyard items
as well with the provision that they are enclosed or screened on all adjacent properties. Ms. Johnson
clarified that there 2 different things but it just happens to be that their particular commercial use is
outdoor storage and outdoor storage requires screening.
Ms. Frederickson said that they were told they need a USR because of the custom component of this
commercial business, not because of the noncommercial junkyard. They understand that there is
noncommercial junkyard stuff used for derby car and added that they are willing to screen the things that
are derelict cars.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
4
Roy Martin stated that he lives adjacent to the proposed site. He is concerned with the looks of the
property as it is an eyesore from his view. He added that these trucks and vehicles keep accumulating.
Commissioner Berryman said that he noticed the notation on Mr. Martin's letter regarding fencing and
asked if this would satisfy his concern. Mr. Martin said it might possibly or to get rid of these vehicles.
Commissioner Maxey asked Mr. Martin how long he lived there. Mr. Martin replied 13 years. Mr. Maxey
asked if his concerns are in regard to these derelict vehicles. Mr. Martin replied yes and added he would
like to see weed control as well.
Ms. Frederickson said that they will work with Mr. Martin on the screening of the derelict vehicles. She
added that they will submit a plan for screening.
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 USR14-0036 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 Jordan Jemiola, Seconded by Benjamin Hansford.
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: USR13-0036
APPLICANT: KERR-MCGEE GATHERING
PLANNER: KIM OGLE
REQUEST: VACATE USR13-0036
LEGAL DESCRIPTION: THE PREFERRED PIPELINE COMMENCES AT THE VOLLMER
COMPRESSOR STATION IN SECTION 14, CROSSING SECTIONS 11 , 12,
T2N. R67W ENTERING SECTION 7, T2N , R66W CROSSING SECTIONS 8, 9,
10, 11 , 14. 15 AND 16 CONNECTING TO THE EXISING FORT LUPTON
COMPRESSOR STATION IN SECTION 14. T2N. R66W OF THE 6TH P.M. ,
WELD COUNTY, COLORADO.
LOCATION: GENERALLY NORTH OF CR 20. EAST OF CR 21 : SOUTH OF CR 22.5 AND
WEST OF CR 35. LAID PARALLEL TO CR 22 AND USR13-0035 NATURAL
GAS PIPELINE.
Kim Ogle, Planning Services, stated that the applicants are requesting to vacate USR13-0036 for a 12
inch crude oil pipeline. This pipeline was approved in September 2013 for a 12 inch high pressure crude
oil pipeline. After further review, the applicants have concluded that this pipeline will operate below the
20% hoop stress and therefore will not require a Special Use Permit.
Joe Aucoin , Anadarko, stated that they will be operating below the required 20% hoop stress for this
pipeline; therefore they are requesting to vacate this USR.
Commissioner Maxey asked if the pipeline was built for a high pressure pipeline. Mr. Aucoin stated that
he couldn't answer this at this time.
Commissioner Smock asked if they will use this pipeline in the future as a high pressure pipeline. Mr.
Aucoin said that it possibly could be in the future.
Kim Cooke, Kerr McGee, 1099 18`h Street, said that the request for vacation is more of a housekeeping
item. They have a significant amount of infrastructure and this pipeline got included in a USR; however it
is not required to be a USR. She added that in order to clean up their records they are requesting a
vacation of this permit.
The Chair asked if there was anyone in the audience who wished to speak for or against the vacation of
USR13-0036. No one wished to speak.
Motion : Vacate USR13-0036. Moved by Benjamin Hansford. Seconded by Joyce Smock.
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