HomeMy WebLinkAbout20142868.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock, 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: USR14-0032
APPLICANT: DAVID BASHOR
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY(WATER DEPOT)IN THE
A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: N2/SE4 SECTION 17, T1 ON, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 89; APPROXIMATELY 3 MILES NORTH OF
CR 110.
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 I.A. Goal 9 states"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Section 22-5-100 A. OG.Goal 1. States"Promote the reasonable and orderly exploration and
development of oil and gas mineral resources."
Section 22-2-80 C. (.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
Section 22-2-80 D. I.Goal 4. All new industrial development should pay its own way.
1. I.Policy 4.1. New development should pay for the additional costs associated with those
services directly impacted by the new industrial development.
The proposed water depot facility is located in a rural area approximately 1.25 miles south of
the Town of Grover. There are no residences in the vicinity of the site and the application
indicates that initial truck traffic will go south (away from the Town of Grover)to County Road
110. There are no residences from the water depot site to County Road 110. An
improvements and road maintenance agreement is attached as a condition of approval to
address dust, road damage, road improvement triggers related to truck traffic coming from
the depot site.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A A•r
Zone District. Section 23-3-40.A of the Weld County Code allows EXHIBIT
Development Facilities including an Oil and Gas Support and Service (
Use by Special Review in the A(Agricultural) Zone District.
j
RESOLUTION USR14-0032
DAVID BASHOR
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The site is located in a rural area.The nearest residences are located
in the Town of Grover 1.25 miles to the north and a residence on the landowner's property
approximately 1.5 miles to the southwest of the site. The application states that initial traffic
will travel south on County Road 89 to County Road 110. A lighting plan is attached as a
condition of approval and an improvements and road maintenance agreement is required to
address impacts to County Road 89.
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 Grover. No referral
response has been received.
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 471 acres delineated as"High Potential Dry
Cropland—Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.The proposed water depot site will be located on a 10 acre lease area and
mobile (not permanent) water tanks are proposed.
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 plat:
A. The applicant shall attempt to address the requirements/recommendations of the West Greeley
Soil Conservation District, as stated in the referral response dated June 17, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
B. 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
RESOLUTION USR14-0032
DAVID BASHOR
PAGE 3
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)
C. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning Services-Engineer)
D. The map shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0032 (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 approved Lighting Plan. (Department of Planning Services)
5. County Road 89 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 Planning Services-Engineer)
6. County Road 118 is a non-maintained County Section line right-of-way. 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.
(Department of Planning Services-Engineer)
7. Show and label the approved access point on the plan (approved under AP14-00268).
(Department of Planning Services-Engineer)
8. The applicant shall label the approved water quality feature on the plat as"Water Quality
Feature, No Build/Storage Area",and label the required volume. (Department of Planning
Services-Engineer)
9. Tracking control shall be delineated on the plat.Standard tracking control for access onto
gravel roads includes double cattle guards across both lanes at the access point.
(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 plan for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plan the applicant shall submit a Mylar plan along with all
other documentation required as Conditions of Approval. The Mylar plan shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services.The plan shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plan 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 plan
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 orArcGIS Personal GeoDataBase(MDB). The preferred format
RESOLUTION USR14-0032
DAVID BASHOR
PAGE 4
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 for construction of non pipeline items such as structures,
parking lots, laydown yards etc,a Weld County grading permit will be required prior to the start of
construction.
B. A right of way permit is required for any work within the public right of way. (Department of
Planning Services-Engineer)
6. Prior to Operation:
A. A sign shall be posted stating: No disposal of wastes is allowed. (Department of Public Health
and Environment)
7. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Building Inspection)
8. 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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Bruce Johnson.
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.
RESOLUTION USR14-0032
DAVID BASHOR
PAGE 5
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 August 19, 2014.
Dated the 19th of August, 2014.
Digitally signed by Kristine
yOsinotpa Ranslem
Date:2014.08.25 11:29:51 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David Bashor
USR14-0032
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0032, for a Mineral
Resource Development Facility including Oil and Gas Support and Service (Water Depot) 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 number of on site employees shall be commensurate with the number of persons which the septic
system may accommodate in-ac,Gardance with the requirements of the Weld County Code, pertaining to
Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 24-hours a day, 365 days a year as stated by the applicant(s). (Department of
Planning Services)
5. The signage on the site shall be maintained. (Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of
Planning Services)
7. 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)
8. 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)
9. 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. 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)
12. 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)
13. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water
spills should be captured in above-ground containment areas for reuse or allowed to infiltrate.There shall
be no discharge from this process to surface waters or through the facility's stormwater management
system, in accordance with the Rules and Regulations of the Colorado Water Quality Control
Commission, and the Environmental Protection Agency. (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 USR14-0032
DAVID BASHOR
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 Planning Services-Engineer)
17. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
20. The right-of-way or easement shall be graded and drained to provide an all-weather access.(Department
of Planning Services-Engineer)
21. Building permit maybe 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;2011 National
Electrical Code; A building permit application must be completed and two complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.
A geotechnical engineering report performed by a registered State of Colorado engineer shall be required
or an open hole inspection. (Department of Building Inspection)
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 USR14-0032
DAVID BASHOR
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.
• EXHIBIT •
Mr. Gathman stated that Condition of Approvals 1.A and 1.E have been met by th
indicated in the Resolution. e-e7
Don Carroll, Public Works, reported on the existing traffic, access and drainage c (,sre.l9_00 •
-
requirements on site.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
John Talle, Director of Operations, 225 Union Boulevard, Lakewood, Colorado. He stated that staff
outlined the application very well. He outlined the operation of the facility on the visual slide. He noted
that there is a proposed pipeline to the facility. He added that this will reduce truck traffic once that
pipeline is constructed and implemented. Mr. Gathman noted that the pipeline is under a separate
proposed USR for Non-1041 Permit to be heard at a future date.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they 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 USR14-0031 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes =8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
CASE NUMBER: USR14-0032
APPLICANT: DAVID BASHOR
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: N2/SE4 SECTION 17, T10N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 89;APPROXIMATELY 3 MILES NORTH OF
CR 110.
Commission Smock noted that she knows the applicant but believes that she can make a fair and
impartial judgment. The Planning Commission had no concerns with Ms. Smock remaining on the
Commission for this case.
Chris Gathman, Planning Services, presented Case USR14-0032, 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.
Don Carroll, Public Works, 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.
Mr. Gathman recommended that Development Standard 3 be removed as it doesn't apply to this case.
Sheri Lockman, 36509 CR 41, stated that this facility is an unmanned site. The drivers will pull their
trucks in and load water by using a card system. She said that this site is very rural and added that there
are no nearby residences.
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Commissioner Smock wished to clarify if the haul route will travel through Grover. Chris Zadel, 11298 CR
17, said that most of the activity is south and east and added that they will most likely travel on County
Road 110 and go north to the facility on County Road 89.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion : Delete Development Standard 3 as stated by staff, Motion by Jordan Jemiola, Seconded by
Joyce Smock. 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 USR14-0032 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 Joyce Smock, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson; Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
The Chair called a recess at 2:44 pm and reconvened the hearing at 3:00 pm.
CASE NUMBER: USR14-0033
APPLICANT: HANKINS FARMS LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A RECREATIONAL FACILITY. WITH USES SIMILAR TO THOSE
SEEN AT A GUEST FARM AND FAIRGROUNDS. IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3901 BEING PART OF THE N2NE4 SECTION 20,
T5N , R67W AND PART OF THE S2NE4/E2SE4 SECTION 20. T5N, R67W OF
THE 6TH P. M. , WELD COUNTY. COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17; NORTH OF AND ADJACENT TO CR 54
Commissioner Wailes noted that he knows the applicant and many of the surrounding property owners
but feels that he can make a fair and impartial judgment. The Chair asked if he has received any financial
benefit. Mr. Wailes replied no. The Planning Commission stated that they have no concerns with him
hearing this case.
Diana Aungst, Planning Services, presented Case USR14-0033, reading the recommendation and
comments into the record. Ms. Aungst stated that staff has received one phone call and three letters from
surrounding property owners with concerns related to trash; dust, alcohol, noise, traffic, lighting, aviation
activities. security and the corn, egg and pumpkin cannons. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Additionally, referral comments were received from the Weld County Traffic Engineer on Monday. August
18th, and Ms. Aungst stated that staff would like to add a Condition of Approval to the staff report.
Don Carroll; Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll noted that CDOT has submitted a referral comment that indicates most
of the traffic numbers are high to begin with and they recommended allowing the facility to operate for one
year and then have an opportunity to review it again to see if additional improvements will be required at
the intersection of Highway 34 and County Road 17.
Commissioner Sparrow asked to clarify if the turn lanes will be required after one year. Janet Lundquist,
Traffic Engineer, said that these types of proposals are hard to predict for traffic projection. She added
that very often they don't see the volume of traffic that they are proposing; therefore they don't want to
make the requirement to extend turn lanes until there is a documented traffic number.
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