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HomeMy WebLinkAbout20131176.tiffBEFORE 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: USR13-0010 APPLICANT: JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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 (RV & BOAT STORAGE, MINI -STORAGE, RV CAMPING, AND COMMERCIAL TRACTOR TRAILER STORAGE) 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: LOTS A and B of RECX13-0008; PT SW4 SECTION 24, T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: NORTH AND ADJACENT TO CR 6 AND APPROXIMATELY .5 MILES WEST OF CR 13 (COLORADO BLVD). 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.G-A.Goal7 states, "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-100.C - C. Goal 3 states, "All new commercial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off -site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. Section 22-2-100.E. - C. Goal 5. states "Minimize the incompatibilities that occur between commercial uses and surrounding properties." 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 requesting approval of a Use by Special Review permit to construct an RV and boat storage facility. The applicant would like to store RV & boat storage, mini -storage, RV camping, and commercial tractor trailer storage. The application materials indicated that the RV and boat storage will be outside, under a shelter and inside buildings. The applicant is also proposing mini -storage and 10 RV camping sites. The property is currently vacant land. The applicant is proposing a 6' wood fence along County Road 6 and a 6' chain link fence with slats along the east, west and north property lines that will screen this area. Landscaping is proposed along County Road 6. This screening, along with the Development Standards and the other Conditions of approval, will assist in mitigating the impacts of the facility on the adjacent properties. ,kI3-117!O RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PAGE 2 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. of the Weld County Code allows for, A Site Specific Development Plan and 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, (RV & Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) 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. 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 adjacent to the Town of Dacono's corporate limits and outside of their Urban Growth Boundary. The site is also within three miles of the City of Erie, the City of Northglenn, the City of Thornton, and the City and County of Broomfield. The adjacent properties are a mix of RV storage facilities, rural residences, agricultural uses, and some commercial and industrial uses. The nearest residence is located approximately 1,200 feet east of the east property line. The surrounding USRs include USR-1445 to the west of the subject property for storage of construction equipment. Additionally, USR-117 for 3000 turkeys and USR-1341 for gravel mining lie to the south of County Road 6. The Weld County Department of Planning Services has received no comments /concerns from the surrounding property owners. The Development Standards along with the Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and attempt to 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 three miles of the City of Dacono, the City of Northglenn, the City of Thornton, the Town of Erie and the City and County of Broomfield. The City of Thornton and the Town of Erie did not respond but the other jurisdictions, in their respective referral comments, did not have any concerns with this USR. 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 Program. 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 15 acres Prime (Irrigated); approximately 27 acres of Prime if they become irrigated; and approximately 16 acres soils designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will take approximately 15 acres of Prime (Irrigated) 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. RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE 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 enter into a Private Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non -transportation (fencing, screening, drainage, et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Departments of Planning Services and Public Works. (Department of Planning Services) B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated March 29, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of The Farmers Reservoir and Irrigation Company, as stated in the referral response dated March 21, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. (Department of Planning Services) F. 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) G. Submit a Final Drainage Report signed and stamped by a Colorado registered Professional Engineer. (Department of Public Works) H. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0010. (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) RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PAGE 4 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 Parking Plan. (Department of Planning Services) 6) The approved Landscape/Screening Plan. (Department of Planning Services) 7) The approved Signage Plan. (Department of Planning Services) 8) The approved Lighting Plan. (Department of Planning Services) 9) County Road 6 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 -feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 6 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) 10) Show the approved access on the plat and label with the approved access permit number (will be provided). (Department of Public Works) 11) Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to allow trucks with trailers to turn. (Department of Public Works) 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 mapsa..co.weld.co.us. (Department of Planning Services) 5. Prior to construction: a. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PAGE 5 b. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. 6. Prior to Operation of public restrooms: a. An individual sewage disposal system is required for the public restrooms 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. 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 plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Benjamin Hansford. VOTE: For Passage Robert Grand Bill Hall Benjamin Hansford Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Against Passage Absent Mark Lawley Bret Elliott 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 May 7, 2013. Dated the 7th of May, 2013. Digitally signed by Kristine Ranslem 162)11.141-2)11— Date: 2013.05.09 08:31:34 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR13-0010 1. A Site Specific Development Plan and Use by Special Review Permit USR13-0010 is 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, (RV & Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) 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. (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 operations shall be 7 days a week, 24 hour access, as stated in the application materials. (Department of Planning Services) 4. The number of on -site employees shall be limited to one (1) full-time employee, as stated in the application materials. (Department of Planning Services) 5. The number of RV camping spaces shall be limited to ten (10). (Department of Planning Services) 6. All signs shall be in compliance with the Weld County Code. (Department of Planning Services) 7. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the approved Landscape/Screening/Sign Plans. (Department of Planning Services) 8. All vehicles located on the property must be operational with current license plates and tags. (Department of Planning Services) 9. 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) 10. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. (Department of Public Works) 11. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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 & Environment) 13. 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. (Department of Public Health & Environment) 14. 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. (Department of Public Health & Environment) 15. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, CIO DAVID LEE PAGE 7 16. 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) 17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable for 10 or less customers or visitors per day and/or 2 or less full time (40 hour week) employees on site. 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 & Environment) 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the number of customers or visitors per day exceeds 10 and/or there are 3 or more full time (40 hour week) employees on site. (Department of Public Health & Environment) 20. Sewage disposal for the facility shall be by septic system when the number of customers or visitors per day exceeds 10 and/or there are 3 or more full time (40 hour week) employees on site. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment) 21. An Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) is required for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). (Department of Public Health & Environment) 22. The camping area shall be limited to self contained RV units until an appropriately engineer designed individual sewage disposal system which complies with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems is installed. (Department of Public Health & Environment) 23. RV dump stations shall be connected to an appropriately engineer designed individual sewage disposal system which complies with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment) 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 25. 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) 26. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. (Ordinance 2011-2) 27. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, CIO DAVID LEE PAGE 8 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 30. 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. 31. 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. 32. 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. 33. 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 RESOLUTION USR13-0010 JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PAGE 9 after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. PC mimes 51-1/13 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 7, 2013 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jason Maxey, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand. Absent/Excused: Bret Elliott, Mark Lawley. Also Present: Kim Ogle, Diana Aungst, and Tom Parko, Department of Planning Services; Don Carroll and Heidi Hansen, Department of Public Works; Lauren Light and Troy Swain, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the April 16, 2013 Weld County Planning Commission minutes, Moved by Robert Grand, Seconded by Bill Hall. Motion passed unanimously. CASE NUMBER: USR13-0008 APPLICANT: ANNA LEE ZIMBELMAN, CIO ANADARKO E&P ONSHORE LP PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER SUPPLY & STORAGE AND PUMP STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: E2SE4 SECTION 22, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 18; WEST OF AND ADJACENT TO CR 69. Kim Ogle, Planning Services, stated that the applicants are requesting a continuance to the May 21, 2013 Planning Commission hearing to address the addition of a 65 foot communications tower to their current application for an oil and gas support and service facility. Staff is in support of this request. Motion: Continue Case USR13-0008 to the May 21, 2013 Planning Commission hearing, Moved by Bill Hall, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR13-0010 APPLICANT: JOHNSTON FAMILY FARMS LLC, C/O DAVID LEE PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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 (RV & BOAT STORAGE, MINI -STORAGE, RV CAMPING, AND COMMERCIAL TRACTOR TRAILER STORAGE) 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: LOTS A and B of RECX13-0008; PT SW4 SECTION 24, Ti N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: NORTH AND ADJACENT TO CR 6 AND APPROXIMATELY .5 MILES WEST OF CR 13 (COLORADO BLVD). Diana Aungst, Planning Services, presented Case USR13-0010, 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. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. 41013 -1176 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Donald Eymann, 13738 Star Creek Drive, Broomfield, Colorado, stated that they have a RV and boat storage facility located south of and adjacent to the proposed storage facility. The proposed facility will mirror the model of the south storage facility. A total of 650 spaces will be available and the applicants are proposing some camping bays and mini -storage units as well. Landscape will be provided 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 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 USR13-0010 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR12-0077 HALLIBURTON ENERGY SERVICES INC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT (formerly USR-1787) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (INCLUDING WATER RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT W2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 95; SOUTH OF AND ADJACENT TO CR 118 SECTION LINE. Kim Ogle, Planning Services, presented Case USR12-0077, 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 noted an amendment to Item 2.D on page 4 in the staff report and requested deletion of the last sentence "All trucks will travel north for two miles on County Road 95 to County Road 122, traveling three miles west to the paved portion of County Road 122." Troy Swain, Environmental Health, reviewed the containment and design requirements of the proposed recycling facility. Don Carroll, Public Works, reported on the existing and proposed traffic, access and drainage conditions and the requirements on site. Mr. Carroll clarified that the request to delete the last sentence in Item 2.D was due to a change in the haul route and added that the new haul route is listed in Development Standard #26. Commissioner Grand and Commissioner Smock noted that with the number of trucks on County Road 390 creating dust it is also creating traffic safety issues. Mrs. Smock added that the roads are not well maintained because of the amount of truck traffic and is afraid that it will cause accidents. Mickey Leyba-Farnsworth, 625 Main Street, Longmont, Colorado stated that she is representing Halliburton Energy Services. She stated that the proposed recycling facility is Phase 2 of the existing water supply and management project on site. Phase 1 is currently operational and provides fresh water for the oil and gas development operations. The intent of the facility is to reduce the amount of traffic by having the entire operation on the site. Security and safety measures will be implemented with a chain link fence surrounding the property as well as an entrance gate. Security lighting and a SCADA system will be operational as well. It is Halliburton's intent to start construction within the 2nd or 3rd quarter of 2014. Hello