HomeMy WebLinkAbout20143402.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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: USR14-0051
APPLICANT: CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT
AND SERVICE; INCLUDING, BUT NOT LIMITED TO AN OIL AND GAS
PRODUCTION EQUIPMENT STORAGE YARD, OFFICE AND ASSOCIATED
BUILDINGS INCLUDING FOUR (4) CONEX STORAGE CONTAINERS AND A
TWENTY (20) FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: S2SW4 SECTION 7, T6N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 70 SECTION LINE; EAST OF AND
ADJACENT TO CR 85.
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 22-2-10.D states"Extraction of natural resources is an important part of the economy
of the County. Such extraction operations should minimize the impacts to agricultural lands
and agricultural operations." The storage yard will support oil and gas related activities in
the surrounding region. It will be located on lands owned by BBC's subsidiary that are
currently non-irrigated rangeland located in a rural area with existing oil and gas activity.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility is located in a sparsely
occupied area of the County and is surrounded by dryland agricultural properties having low
density residential development and oil and gas encumbrances.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
The facility is classified as an Oil and Gas Support and Service facility.Section 23-3-40.A.2
of the Weld County Code states that these facilities are uses allowed to be constructed,
occupied, operated and maintained in the A (Agricultural)Zone District upon approval of
a Use by Special Review permit.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed facility is surrounded by agricultural properties comprised of low-density
development and oil and gas wells. There are nine properties and six property owners within
five hundred feet of the proposed facility. Two residential properties are in the vicinity, one
directly south approximately 2700 feet from the property line and a second approximately
one mile southwest of the property line of this proposed facility. The Department of Planning
Services has received no telephone calls or correspondence regarding this land use
application.
EXHIBIT
A
c"
RESOLUTION USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 2
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 not located within a three(3)mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 80 acres of"Other"Lands per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map, and therefore will not be
taking Prime Farmland out of production.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment,as stated in the referral response dated September 16,2014,
specific to:
1. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health
&Environment. The plan shall include whether washing will occur on site and how wash
water will be contained.
2. The applicant shall submit written evidence of a commercial well to the Environmental
Health Services Division of the Weld County Department of Public Health&Environment.
Evidence of such shall be submitted, in writing, to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
B. The applicant shall address the requirements(concerns)of the State of Colorado, Division of
Water Resources,as stated in the referral response dated September 12,2014. The applicant
RESOLUTION USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 3
shall submit written evidence of a commercial well to the Department of Planning Services and
the Department of Public Health and Environment. (Department of Planning Services)
C. 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)
D. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services
for review and approval. All parking and storage areas shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
E. 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)
F. The applicant or the representatives for Select Energy shall submit a Mylar plat for recording for
a Subdivision Exemption for Oil and Gas Support and Service for the existing in-ground pond
utilized for oilfield operations. (Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0051 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Landscape/Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. County Road 85 is designated on the Weld County Road Classification Plan as a local
road,which requires 60 feet of right-of-way at full build out.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. All setbacks shall be measured from the edge of future right-
of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.(Department of Public Works)
9. County Road 70 is designated on the Weld County Road Classification Plan as a Section
Line road.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. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is not maintained by Weld County. (Department of Public
Works)
RESOLUTION USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 4
10. Show the approved access for County Road 70 on the map and label it with the approved
access permit number(AP13-00189). (Department of Public Works)
11. Show the approved access(es) for County Road 85 on the map and label it with the
approved access permit number(AP14-00412). (Department of Public Works)
12. A water quality feature has been designated for this area. The applicant has supplied
design and calculations. Show how storm water drainage gets across internal road to
Water Quality Control Feature location.
13. Show the approved non-exclusive license agreement on the Map and label it with the
recorded reception number and date(Rec.No.3959867,August 14,2013). (Department
of Public Works)
14. Delineate the location of the in-ground pond utilized for oil and gas support and service
and label the pond with the Subdivision Exemption number associated with this land use
permit. (Department of Planning Services)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in 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. 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. Within 6 months of Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment and the Department of Planning Services. (Department of Public Health &
Environment)
7. 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 USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 5
Motion seconded by Michael Wailes.
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 21, 2014.
Dated the 21st of October, 2014.
Digitally signed by Kristine Rans►em
Date:2014.10.24 15:32:18-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Circle B Land Company, LLC
Bill Barrett Corporation
USR14-0051
1. A Site Specific Development Plan and A Special Review Permit, USR14-0051, for Mineral Resource
Development Facilities,Oil and Gas Support and Service,(oil and gas production equipment storage yard,
office and associated buildings including four(4)conex storage containers and a twenty(20)foot in height
communications tower)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 24 hours a day,seven days a week,as stated by the applicant(s).(Department
of Planning Services)
4. The number of full time employees staffed on site is ten(10),with the number of employees located at the
site restricted to twenty-two(22)persons,as stated by the applicant(s).(Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
7. 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)
8. 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)
9. 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)
10. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to On-Site Wastewater Treatment
Systems. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing public water supply. (Department of Public Health and Environment)
RESOLUTION USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 7
14. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E),Water Quality Control Division,as applicable.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
19. The landscape/screening/signage/lighting on the site shall be maintained in accordance with the approved
Screening/Landscape/Signage/Lighting Plans. (Department of Planning Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
24. 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. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards,as shown or stated,shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
RESOLUTION USR14-0051
CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PAGE 8
28. 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.
29. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety,but also
for the protection of the farmer's livelihood.
pCviI1Ju
'Div Ii-
Commissioner Hansford said that he has the utmost faith in the County Commissioners and Planning
Staff to do the right thing provided that we recommend approval of an open ended USR; however he still
has questions about it. Mr. Hansford said that because it is open ended he doesn't feel it is compatible
with the surrounding properties.
Moved by Michael Wailes to amend Commissioner Hansford's motion by citing Section 23-2-220.A.3 and
Section 23-2-220.A.4 which is related to compatibility. Mr. Wailes added that because there is no specific
user we cannot identify the compatibility. He also cited Goal 8 under Section 22-2-10 "ensuring that
adequate services and facilities are currently available or reasonably obtainable." Additionally, he cited
Goal 9 which is to reduce potential conflicts with neighboring and varying land uses in the area.
Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes.
The Chair clarified that the amendment has been made to the original motion. He asked if there was any
further discussion on the original motion. No one wished to speak. The Chair asked the Secretary to call
for a vote.
Vote: Motion passed (summary: Yes = 5, No= 2, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Jason Maxey, Jordan Jemiola, Michael Wailes.
No: Bruce Sparrow, Joyce Smock.
Commissioner Smock stated that she values what the Planning Department has done and added that
there are a lot of unknowns, which she is concerned about. However she added that she believes
everything is in place that this can be worked out.
Commissioner Johnson said that he respects the amount of effort from staff to try and make this work;
however there is too much uncertainty.
CASE NUMBER: USR14-0051
APPLICANT CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO AN OIL AND
GAS PRODUCTION EQUIPMENT STORAGE YARD, OFFICE AND
ASSOCIATED BUILDINGS INCLUDING FOUR (4) CONEX STORAGE
CONTAINERS AND A TWENTY (20) FOOT IN HEIGHT COMMUNICATIONS
TOWER IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: S2SW4 SECTION 7, T6N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 70 SECTION LINE; EAST OF AND
ADJACENT TO CR 85.
Kim Ogle, Planning Services, presented Case USR14-0051, 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.
Mr. Ogle suggested adding a Condition of Approval 1.F to read "The applicant or the representatives for
Select Energy shall submit a Mylar plat for recording for a Subdivision Exemption for Oil and Gas Support
and Service for the existing in-ground pond utilized for oilfield operations."
Additionally, Mr. Ogle recommended adding a Condition of Approval 1.F.14 to read "Delineate the
location of the in-ground pond utilized for oil and gas support and service and label the pond with the
Subdivision Exemption number associated with this land use permit.
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.
EXHIBIT
1 /117
Ethan Watel. Baseline Corporation, 1950 Ford Street, Golden, Colorado stated that he is representing
Circle B Land Corporation which is a subsidiary of the Bill Barrett Corporation . Mr. Watel stated that they
are proposing a storage yard for oil and gas production equipment. The existing residence will be
converted into an office and a 20 foot communication tower will be constructed on site.
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 repeated the suggested changes to the Staff Report.
Motion : Add Condition of Approval 1 . F as stated by Staff. Moved by Bruce Sparrow. Seconded by
Benjamin Hansford. Motion carried unanimously.
Motion : Add Condition of Approval 1 . F. 14 as stated by Staff, Moved by Bruce Sparrow, 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 USR14-0051 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 Michael Wades.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes : Benjamin Hansford . Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes.
CASE NUMBER USR14-0059
APPLICANT: JOSEPH & LINDA BAKER
PLANNER TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-
FAMILY DWELLING UNIT) AND ACCESSORY BUILDINGS WITH GROSS
FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT
AREA, AS STATED IN SECTION 23-3-30, PER BUILDING ON LOTS IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION LOT 28 ENCHANTED HILLS: PART OF SECTION 8. T2N . R67W OF THE 6TH
P M. . WELD COUNTY. COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 22: EAST OF CR 15.
Tiffane Johnson. Planning Services, presented Case USR14-0059. reading the recommendation and
comments into the record. Ms. Johnson noted that two (2) letters of opposition were received from
surrounding property owners concerned that this sets a precedent for other property owners and believes
that after the medical hardship is terminated the second dwelling should be removed. 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.
Joe Baker, 7156 Maple Street, stated that he has lived out here for 37 years and added that they built the
second dwelling for his wife's grandmother. Mr. Baker said that after she passed away they forgot that
this was a medical situation and added that they have used this dwelling for when his children came
home to visit. He stated that he currently has a contract on this property.
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