HomeMy WebLinkAbout20140042.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION2 1{4
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI •
Moved by Jordan Jemiola, 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: USR13-0048
APPLICANT: MICHAEL BOULTER, C/O JIM BEAUREGARD
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OF ROAD BASE, PARKING OF EMPLOYEE
VEHICLES, AND PARKING AND STORAGE OF COMMERCIAL VEHICLES AND
EXCAVATION EQUIPMENT) 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 A REC EXEMPT RE-4971 ; PART S2NW4 SECTION 27, T5N, R65W OF THE
6TH P. M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.25 MILES SOUTH OF
CR 54.
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 22-6-20 A. ECON. Goal 1. State: "Encourage the expansion of existing businesses
and the location of new industries that will provide employment opportunities in the County. "
The application materials state that there will be 15-20 employees working for this business.
Section 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change. " and Section 22-2-20. G. 2 -
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region. "
The applicant is proposing a parking and storage area for outdoor storage of road base,
parking of employee vehicles, and parking and storage of commercial vehicles and
excavation equipment. The employees will park their personal vehicles at the site during the
hours of operation. Not all of the commercial vehicles and equipment stored on the site will
be used daily.
The site appears to have adequate screening and no lights are proposed. The Development
Standards and the Conditions of Approval for this proposal will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.S. allows for a Site Specific Development Plan and Use By
Special Review Permit for a use permitted as a Use By Right, an Accessory Use or a Use By
Special Review in the Commercial or Industrial Zone Districts (outdoor storage of road base,
parking of employee vehicles, and parking and storage of commercial vehicles and
excavation equipment) provided that the property is not a lot in an approved or recorded
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RESOLUTION USR13-0048
MICHAEL BOULTER,C/O JIM BEAUREGARD
PAGE 2
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.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures,crops,and rural residences.County
Road 43 borders the site on the west. The properties to the north, south and west are
cropland. The closest residence is approximately 550 feet north of the north property line.
There are six (6) USRs located within one mile of this parcel. USR-602 an oil and gas
service yard is approximately one mile southeast and USR-46 for a landfill is approximately
three-quarters of a mile west of the site. USR-628 for repair and maintenance of farm
equipment and USR-668 for an oil and gas production facility are approximately seven-tenths
of a mile west-northwest of the site. USR-1431 for and RV park and RV storage and USR-
306 for gravel mining are located approximately one-mile northwest of the site along the
South Platte River. The Weld County Department of Planning Services has received two
letters from surrounding property owners stating that they support this USR. Staff has not
received any correspondence from the surrounding property owners that objects to this USR.
The site appears to have adequate screening and no lights are proposed.The Development
Standards and the Conditions of Approval for this proposal will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses.
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 Garden City,the City of Greeley,
the City of Evans, the Town of Kersey and the Town of LaSalle. The Town of Kersey's
referral dated September 18, 2013 and the City of Greeley's referral dated September 12,
2013 indicated no concerns. Garden City,the City of Evans,and the Town of LaSalle did not
respond with any referral comments.
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 1.89 acres Prime (Irrigated per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take
any acres of Prime (Irrigated) Farmland out of production because the site is too small to
farm.
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.
RESOLUTION USR13-0048
MICHAEL BOULTER,C/O JIM BEAUREGARD
PAGE 3
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 submit a Signage Plan to the Department of Planning Services for review and
approval, if signage is desired. The quantity, size and location of the signs shall comply with
Chapter 23 Division 2,Appendix 23-C and Appendix 23-D. (Department of Planning Services)
B. The applicant shall comply with the requirement of the Division of Water Resources as stated in
the referral response dated October 16, 2013. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0048. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The plat 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 existing Landscaping/Screening Plan. (Department of Planning Services)
6) The approved Parking Plan, as shown on the plat. (Department of Planning Services)
7) The approved Signage Plan, if applicable. (Department of Planning Services)
8) County Road 43 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way.An additional 10 feet shall be delineated on the plat as future County Road 43 right-
of-way.All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
9) Vehicle tracking control will be installed and maintained throughout the life of the site to
prevent tracking of debris on to County roadway. (Department of Public Works)
10) Show the approved access on the plat and label it with the approved access permit number
(AP#) (will be provided). (Department of Public Works)
11) A water quality capture feature(WQCF) is required on site. The area can be in an existing
onsite low point that will capture the storm water and hold contaminants. Contact the Public
Works Department for sizing of your feature. (Department of Public Works)
RESOLUTION USR13-0048
MICHAEL BOULTER,C/O JIM BEAUREGARD
PAGE 4
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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 plat
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
maps(a).co.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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 USR13-0048
MICHAEL BOULTER, C/O JIM BEAUREGARD
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 December 3, 2013.
Dated the 3rd of December, 2013.
Digitally signed by Kristine
46\imint_, Ranslem
Date:2013.12.0416:09:24-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR13-0048
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0048, for a Use
Permitted as a Use By Right, an Accessory Use or a Use By Special Review in the Commercial or
Industrial Zone Districts (outdoor storage of road base, parking of employee vehicles, and parking
and storage of commercial vehicles and excavation equipment)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, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 6:00 a.m. to 8:00 p.m. 7-days a week, as stated by the applicant.
(Department of Planning Services)
4. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
5. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
6. The existing screening and landscaping on the site shall be maintained. (Department of Planning
Services)
7. 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 Section 15-1-180 of the Weld County Code. (Department of Public Works)
8. There shall be no parking or staging of vehicles on County Roads. Utilize on-site parking.
(Department of Public Works)
9. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
10. 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)
11. 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)
12. 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 facility
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
RESOLUTION USR13-0048
MICHAEL BOULTER,C/O JIM BEAUREGARD
PAGE 7
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
15. Adequate drinking, handwashing 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)
16. 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)
17. 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)
18. 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)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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.
22. 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.
23. 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 USR13-0048
MICHAEL BOULTER, c/o JIM BEAUREGARD
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.
1ThAtala a 343
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 3, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1 :30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott.
Also Present: Diana Aungst, Michelle Martin and Tom Parko, Department of Planning Services; Don
Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe and Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 19, 2013 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR13-0048
APPLICANT: MICHAEL BOULTER, O/O JIM BEAUREGARD
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTDOOR STORAGE OF ROAD BASE,
PARKING OF EMPLOYEE VEHICLES, AND PARKING AND STORAGE OF
COMMERCIAL VEHICLES AND EXCAVATION EQUIPMENT) 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 A REC EXEMPT RE-4971 ; PART S2NW4 SECTION 27, T5N, R65W OF
THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.25 MILES SOUTH
OF CR 54.
Diana Aungst, Planning Services, presented Case USR13-0048, 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. Mr. Carroll requested deletion of Condition of Approval 1 .C. 11 as the applicants are
showing the water quality feature on the plat map.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Jim Beauregard, 19531 E 195th Ave, Hudson, Colorado, stated that he has been using this site as a
staging area for his equipment. He added that they requested to operate 7 days per week but typical
normal hours of operation are 6 days a week.
Commissioner Wailes asked how long he has been operating at this location. Mr. Beauregard said that
he has been working from this location for 4 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
2
azliqr. OD
Motion : Delete Condition of Approval 1 .C. 11 as stated by staff, Moved by Benjamin Hansford,
Seconded by Jason Maxey. 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 USR13-0048 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: ORDINANCE 2013-14
PRESENTED BY: BOB CHOATE
REQUEST: WELD COUNTY CODE ORDINANCE #2013-14, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC
WORKS, CHAPTER 17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS,
OF THE WELD COUNTY CODE.
Bob Choate, County Attorney, introduced Ordinance 2013-14. Mr. Choate presented the proposed code
changes to Chapter 23 relating to vacation of right-of-ways. This affects multiple chapters in the Weld
County Code and added that this allows the Board of County Commissioners to vacate a public road
right-of-way pursuant to statute instead of through a resubdivision process.
Commissioner Maxey referred to Section 17-7-20.A and asked if one interested landowner can initiate the
vacation for the subdivision or is it per parcel owner. Mr. Choate said that it is designed that one single
landowner can apply for the entire subdivision but there are many safeguards built in to ensure that it is
the will of any landowner that would be affected. Mr. Maxey asked what happens if some of the
neighbors do not want to vacate the right-of-way. Mr. Choate said it would be up to the BOCC discretion
of what to vacate and what not to vacate. He describes this as a quit claim deed where the County
doesn't own the land they own the public right-of-way and what they are doing is essentially quit claiming
their interest in the public right-of-way.
Commissioner Maxey referred to Section 17-7-20.B and said that the Clerk to the Board is going to mail
notice to persons owning land adjacent to the roadway to be vacated and asked if it should read the road
right-of-way to be vacated. Mr. Choate said that was a good catch and will make the change.
Motion : Forward Ordinance 2013-14 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: ORDINANCE 2013-15
PRESENTED BY: MICHELLE MARTIN
REQUEST: WELD COUNTY CODE ORDINANCE #2013-11 , IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE.
Michelle Martin, Planning Services, introduced Ordinance 2013-15. Tom Parko, Planning Director, said
that there was a lot of staff time and discussion with the oil and gas industry. He added that these
discussions started about one year ago. Mr. Parko said that a lot of companies are consolidating their
drilling pads with their wells, tanks, heater treaters, separators, etc. into a single location. Encana
proposed a facility like this by County Road 1 and County Road 34 with 80 tank batteries in an isolated
area. So staff began to discuss this with the Board of County Commissioners and they decided to form a
working group to talk with the industry and discuss the potential impacts and mitigate those concerns. As
a result from these working group discussions staff is presenting these proposed code changes relating to
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