HomeMy WebLinkAbout20120568.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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: USR11-0028
APPLICANT: GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (OFFICE, VEHICLE
PARKING, VEHICLE AND EQUIPMENT STORAGE, AND VEHICLE AND
EQUIPMENT MAINTENANCE ASSOCIATED WITH AN OILFIELD SERVICE
FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECORDED EXEMPTION RE-200; BEING PART OF THE NW4 OF
SECTION 29, T5N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54 AND WEST OF AND ADJACENT TO
TWO RIVERS PARKWAY.
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.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."
Section 22-2-20 1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Section 22-5-100 A 2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely
on geology for locations should locate in commercial and industrial areas,when possible,and
should be subject to review in accordance with the appropriate sections of this Code."
The proposed facility is located on a property previously approved for a construction business
(USR-1473 - storage of construction equipment and materials) that was approved by the
Board of County Commissioners on July 7, 2004. The site has an existing fenced and
screened storage area and is surrounding by agricultural land. The proposed Use by Special
Review Permit (USR) is a similar use in that it involves outdoor storage of oil and gas
vehicles and equipment in the same fenced and screened storage area.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40 A.2 of the Weld County Code allows Oil and Gas Support&
Service facilities as a Use by Special Review 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. This site is surrounding by agricultural land.The nearest single-family
residences are located approximately%of a mile to the west and southeast of the site. The
property has an existing fenced storage area that is screened on the north, west and south
• sides and is partially screened on the east side.
EXHIBIT 2012-0568
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RESOLUTION USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
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. This site is located within the 3-mile referral area for the City of Evans, City of
Greeley and Town of Milliken.The site borders the City of Greeley to the north and the City of
Evans to the east.The City of Greeley, in their referral dated January 9, 2012,states that any
upgrades to the site may trigger upgrades to site accesses,the City of Greeley recommends
landscaping be extended along Two Rivers Parkway to the intersection with 37th Street and
along the western border of the site to supplement the existing fence along the property line.
A Backflow Prevention Device may be required and the water tap will be changed from an
outside of the City of Greeley Residential tap to an outside of the City of Greeley Commercial
Tap. The City of Greeley indicated in an electronic mail response that a traffic study for this
use will not be required. The Town of Milliken, stated in their referral dated January 13, 2012
that they would like to discuss the possibility of annexation with the applicant. No referral
response has been received from the City of Evans.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
• 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 USR is located
on a property that is 1.39 acres in size and contains existing buildings and site improvements.
No additional agricultural land will be removed from production.
G. Section 23-2-220.A.7 —There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County. The attached Development
standards and conditions of approval will ensure that there are adequate provisions for the
health, safety and welfare of the inhabitants of the neighborhood and the 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0028 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. 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 public rights-of-way and adjacent properties. These areas
shall be designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
RESOLUTION USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
PAGE 3
• E. County Road 54 and County Road 27.5 (Two Rivers Parkway) are designated on the Weld
County Road Classification Plan as arterial roads. These roads have been annexed by the City
of Evans and the City of Greeley which require 150 feet of right-of-way at full build out. The
applicant shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. County Road 27.5 is maintained by
the City of Evans and County Road 54 is maintained by the City of Greeley. (Department of
Public Works)
F. A vehicle tracking control pad consisting of recycled gravel or asphalt will be required to prevent
tracking of material from the site in the way of mud or debris onto County Roads 54 and 27.5.
This needs to be placed and shown on the plat drawing across both lanes. A stop sign shall be
installed at the approved City of Evans access point as a safety item. (Department of Public
Works)
G. Please label the water quality feature on the plat with the volume and "No build or Storage
area". (Department of Public Works)
H. There is a site distance problem at the intersection of County Road 54(37"Street)and County
Road 27.5. To address this situation, the plat shall indicate that no storage of equipment and
vehicles will be located in the area extending 125-feet from the south and west of the
intersection of (County Road 54) 37th Street and County Road 27.5. (Department of Public
Works)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated December 30, 2011. (Department of Building
Inspection)
• 3. The applicant shall submit an updated waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan shall
include at a minimum, the following:
The waste handler and facility where the oil, batteries and tires will be disposed of (including the
facility name, address, and phone number). (Department of Environmental Health)
4. The applicant shall address the requirements of the City of Greeley, specific to access requirements
only, as stated in the referral response dated January 9, 2012. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
5. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and
approval. (Department of Planning Services)
6. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for(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 Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
7. The applicant shall address the requirements of the City of Evans, specific to access requirements
only, as stated in the referral response dated January 26, 2012. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Public
Works)
• 8. The applicant shall submit a letter to the Department of Planning Services (signed by the property
owner) requesting the vacation of USR-1473. (Department of Planning Services)
RESOLUTION USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
•
PAGE 4
9. Upon completion of 1-8 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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 sixty (60) 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)
10. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required one hundred eighty (180) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
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)
12. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the 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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 February 7, 2012.
Dated the 7th of February, 2012.
•
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Great White Pressure Control
USR11-0028
1. A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support&Service
facility(office,vehicle parking,vehicle&equipment storage, and vehicle and equipment maintenance
associated with an oilfield service facility) in the A (Agricultural) Zone District 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 number of on-site employees shall be limited to ten (10) as stated in the application materials.
(Department of Planning Services)
4. Hours of operation shall be from 5:00 AM to 8:00 PM Monday — Saturday, except in the case of
emergency. (Department of Planning Services)
5. All work vehicles and equipment shall be located within the boundaries of the area screened and
enclosed by the six-foot privacy fence. (Department of Planning Services)
6. Structures and buildings located within the future right-of-way for County Road 54 (37th Street) and
County Road 27.5 (Two Rivers Parkway) are considered non-conforming (Non-Conforming Use
(NCU) case # 406 has been assigned to these two buildings) and must comply with Chapter 23,
Article VII, of the Weld County Code. (Department of Planning Services)
7. The existing frame garage and metal shed located on the parcel restrict open sight distance to the
west. Should Weld County 54(37th Street)be expanded and future right-of-way is acquired,these two
• structures shall be removed or relocated to provide open sight distance to the west. (Department of
Planning Services)
8. 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)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. 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 and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
12. 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)
13. 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)
• 14. 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)
RESOLUTION USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
PAGE 6
• 15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at
all times. (Department of Public Health and Environment)
17. Sewage disposal for the facility shall be by septic system. As the applicant intends to utilize the
existing septic system for employees, the septic system shall be reviewed by a Colorado Registered
Professional Engineer if the usage exceeds 4 full-time employees and 11 drivers. If the system is
found to be inadequately sized or constructed the system shall be brought into compliance with
current regulations. 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
and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the existing public water supply. (City of Greeley) (Department of Public Health and
Environment)
19. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records
of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and
Environment)
20. 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)
• 21. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
22. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
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 constructed as traffic control devices. (Department of Planning
Services)
26. The existing screening on site shall be maintained. (Department of Planning Services)
27. 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)
28. 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.
RESOLUTION USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
PAGE 7
• 29. The historical flow patterns and runoff amounts will be maintained on 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
31. Weld County will not maintain on-site drainage related areas or medians.This must be addressed by
the owner. (Department of Public Works)
32. 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 Best Management Practices (BMPs) to be utilized, typical
installation and maintenance notes for all BMPs to be utilized, and a copy of the approved Colorado
Department of Public Health & Environment (CDPHE) storm water permit. (Department of Public
Works)
33. A building permit will be required for any new construction,alteration,or addition to any building on the
property. (Department of Building Inspection)
34. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
• 35. The existing shop on site was used for a small office and construction shop. If changes are made to
use to repair or maintain vehicles a change of use permit will be required the structures proposed to
have changes uses will require commercial building permit for change of use. A code analysis, floor
plan a complete set of plans for any alteration will be required and a structural analysis by a
professional engineer may be required. A building permit application must be completed and two
complete sets of plans including engineered foundation 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. Building permits are
required for buildings, structures and change of use for buildings which required permits before the
beginning of construction or the proposed change of use. (Department of Building Inspection)
36. The 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.
37. 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.
38. 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 USR11-0028
GRE HOLDINGS LLC, C/O GREAT WHITE PRESSURE CONTROL
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.
•
o? 7— oia
• there will be no employees stationed on site. He said that the staff report refers to having a dumpster on site;
however they have no desire for a dumpster and requested that it be removed. In the staff report,there is
some implication of the requirement for a water quality feature;however he stated that the land is very flat.In
addition,there is a requirement that building permits will need to be obtained. He requested clarification on
this and requested that they do not go through the building permit process for portable tanks. Mr. Leeburg
added that there is a request for double cattle guards and asked for clarification since they are going from
gravel to gravel. In the staff report it indicates that a landscape/screening plan be required;however they are
not proposing any landscaping or screening on site and requested that it be removed.
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 consensus of the Planning Commission was to amend the language in regard to portable toilets. Ms.
Evett said that Condition of Approval 1.C and 1.D may be deleted. Robert Grand moved to delete Condition of
Approval 1.C and 1.D, seconded by Bill Hall. Motion carried.
In addition, Ms. Evett stated that Development Standards 12, 13 and 14 may be deleted as well. Robert
Grand moved to delete Development Standards 12, 13, and 14, seconded by Bill Hall. Motion carried.
Finally, Ms. Evett recommended amending Development Standard 11 to read "Adequate drinking, hand
washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Bottled
water, portable toilets and handwash units are acceptable." Jason Maxey moved to amend Development
Standard 11 as read by staff, seconded by Benjamin Hansford. Motion carried.
With regard to the request for the removal of the water quality feature, Mr. Bauer said that if there is no
outdoor storage or parking or permanent structures then they would be willing to waive the water quality
feature. However if they were to modify the site with any of those things then a water quality feature would be
necessary. Jason Maxey moved to delete Condition of Approval 1.G.6,seconded by Nick Berryman. Motion
carried.
• Mr. Bauer added that Condition of Approval 1.O.5 could be amended to read "Access improvements are
required and shall include 60' radiuses to accommodate turning trucks." Robert Grand moved to amend
Condition of Approval 1.G.5 as stated by staff,seconded by Bill Hall. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR11-0019,be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval,seconded by Joyce Smock.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes;Nick Berryman,yes;Robert Grand,yes;Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley,yes; Tom Holton,yes. Motion carried unanimously.
The Chair called a recess at 2:58 pm and reconvened the hearing at 3:10 pm.
CASE NUMBER: USR11-0028
APPLICANT: GRE HOLDINGS LLC,C/O GREAT WHITE PRESSURE CONTROL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (OFFICE, VEHICLE
PARKING. VEHICLE AND EQUIPMENT STORAGE, AND VEHICLE AND
EQUIPMENT MAINTENANCE ASSOCIATED WITH AN OILFIELD SERVICE
FACILITY)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECORDED EXEMPTION RE-200; BEING PART OF THE NW4 OF
SECTION 29,T5N,R68W OF THE 6'"P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54 AND WEST OF AND ADJACENT TO
6
f
•
• TWO RIVERS PARKWAY.
Chris Gathman, Planning Services, stated that the proposed facility is located on a property previously
approved for a construction business, under USR-1473, for the storage of construction equipment and
materials. This was approved by the Board of County Commissioners on July 7, 2004. The site has an
existing fence and screened storage area and is surrounding by agricultural land. The proposed Use by
Special Review Permit(USR) is a similar use in that it involves outdoor storage of oil and gas vehicles and
equipment in the same fenced and screened storage area.
Eleven referrals were sent out and seven referrals were received and either indicated no conflict with their
interests or approval with conditions.
This site is surrounding by agricultural land.The nearest single-family residences are located approximately%
of a mile to the west and southeast of the site. The property has an existing fenced storage area that is
screened on the north,west and south sides and is partially screened on the east side.
This site is located within the three-mile referral area for the City of Evans, City of Greeley and Town of
Milliken.The site borders the City of Greeley to the north and the City of Evans to the east.Additionally, the
roads that the site accesses upon County Road 54(37"Street)&Two Rivers Parkway,are maintained by the
City of Greeley and the City of Evans Respectively.
The City of Greeley, in their referral dated January 9,2012,states that any upgrades to the site may trigger
upgrades to site accesses, the City of Greeley recommends landscaping be extended along Two Rivers
Parkway to the intersection with 37"Street and along the western border of the site to supplement the existing
fence along the property line. A Backflow Prevention Device may be required and the water tap will be
changed from an outside of the City of Greeley Residential tap to an outside of the City of Greeley Commercial
Tap. The City of Greeley indicated in an electronic mail response that a traffic study for this use will not be
required. The Town of Milliken,stated in their referral dated January 13,2012 that they would like to discuss
the possibility of annexation with the applicant.
• The City of Evans,in their referral dated January 26,2012,asked that the Planning Commission and Board of
County Commissioners approve subject to the following conditions:
• The Intergovernmental Agreement regarding Two Rivers Parkway,particular in regard to the issues of
Right of Way, be applied
• The access point on Two Rivers Parkway meet Evan's requirements
• The access at the northeast corner be eliminated
• The applicant remit a fee for road improvements to account for the impact of oil and gas service
trucks.
• That the applicant be required to participate in any necessary road improvements on Two Rivers
Parkway as a result of the impact of the operation
• That the site be appropriately screened and landscaped.
A requirement that the applicant address the requirements/recommendations of the City of Evans and the City
of Greeley has been attached as a condition of approval. It should be noted that staff has been doing
research of the Intergovernmental Agreement between Greeley and Evans on Two Rivers Parkway. It is our
understanding that there was an old Agreement done in 1995 that was between Evans and Greeley. However
they are still trying to confirm whether or not the County Commissioners signed a resolution and agreed to
abide by that IGA. Given that Evans has annexed Two Rivers Parkway,we would usually defer to Evan's in
regard to future right-of-way requirements. Currently, Two Rivers Parkway requires 140 feet of right-of-way
and Evans is requesting an additional 10 feet with a total of 150 feet of right-of-way. Mr.Gathman said that
staff is in support of this request.
With regard to remitting fees for road improvements, the County does not have an Intergovernmental
Agreement(IGA)with Evans at this time.
With regard to the landscape/screening request, Mr. Gathman said that after visiting the site there is an
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• existing screened area. Because the property is screened on 3 sides,staff feels that the screening provided is
consistent with this use and is not a huge change of what is being proposed.
No letters,phone calls or correspondence has been received from surrounding property owners in regard to
this case.
Staff recommends approval of this case with the attached development standards and conditions of approval.
Don Carroll, Public Works, stated that Weld County has approved the southern access as it is the furthest
away from the intersection. Staff has requested that the corner access to the intersection be closed
permanently as it is a traffic hazard. In addition,they would like to maintain and keep the site distance triangle
clear.
Mr.Carroll said that County Road 54 is classified as an arterial roadway with 140 feet of right-of-way and has
been annexed by the City of Greeley. County Road 27.5 or Two Rivers Parkway is also classified as an
arterial roadway with 140 feet of right-of-way and added that Evans is requesting 150 feet right-of-way.
Since there is pavement on both roads,a tracking pad is requested to pick up mud and prevent tracking onto
these roads.
Lauren Light, Environmental Health,stated that water is provided by the City of Greeley and the applicant will
need to meet their requirements. There is an existing septic system which serves the house and the shop.
The applicant submitted an engineered review of that system and the review stated that without the house it
could support 4 full-time employees and 11 drivers. She added that the applicant has indicated that they do
not intend to use the house. Therefore Ms. Light recommended amending Development Standard 17 to
replace"6 people"with"4 full-time employees and 11 drivers." Robert Grand moved to amend Development
Standard 17 as stated by staff, seconded by Jason Maxey. Motion carried.
Ms.Light said that the applicant submitted documentation that there will not be any welding or painting on site;
therefore no air emissions permit is required. She recommended that Condition of Approval 3 be deleted.
• Jason Maxey moved to delete Condition of Approval 3, seconded by Benjamin Hansford.
Steve Winters, 4400 Southeast 59th St, Oklahoma City, Executive Vice President of Well Control and
Snubbing for Great White Pressure Control. Mr.Winters stated that Great White Pressure Control is an oil
and gas service company that provides services to different producers. He stated that normally they operate
with two to three employees and occasionally they might have to work 24 hour operations.
Sheri Lockman, Lockman Land Consulting, stated that they have some items that they would like to request
be removed or amended. She requested that Development Standard#4 be amended to include the statement
"except in the case of emergency." She said that occasionally the applicants are asked to do a 24 hour job.
Ms. Lockman noted the multiple towns involved with this site and the requests that they have made to follow
their codes in addition to Weld County's requests. She added that she has spoken at length with employees
from Greeley, Evans and Milliken. She requested that Conditions of Approval 5 and 8 with the Cities of
Greeley and Evans be amended to say that the applicants should address their concerns regarding the
accesses to the roads. She added that they understand that those roads are their jurisdiction and agree with
that as well as the right-of-way requests. However, in regard to impact fees requested by the City of Evans,
she noted that the applicants will need to submit a Change of Use Building Permit which will include the impact
fees from Weld County. If required the applicant would have to pay the impact fees with Weld County and the
City of Evans,which is very overwhelming.
She requested that Condition of Approval 11 be amended to allow 180 days rather than the required 60 days
to record the plat.
Robert Grand moved to amend Development Standard 4 to read"Hours of operation shall be from 5:00 AM to
8:00 PM Monday—Saturday, except in the case of emergency", seconded by Bill Hall. Motion carried.
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• Jason Maxey moved to extend the requirement for recording the plat to 180 days, seconded by Benjamin
Hansford. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Florence Kammerzell stated that they own the farm that surrounds this property. She added that the original
owner was required to fence off the property at the intersection to avoid any traffic hazards.
Robert Grand moved to amend Condition of Approval 1.E to read"County Road 54 and County Road 27.5
(Two Rivers Parkway)are designated on the Weld County Road Classification Plan as arterial roads. These
roads have been annexed by the City of Evans and the City of Greeley which require 150 feet of right-of-way
at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified,it shall be dedicated. Country Road 27.5 is maintained by the City of Evans
and County Road 54 is maintained by the City of Greeley", seconded by Bill Hall. Motion carried.
Bill Hall moved to amend Condition of Approval 5 and 8 to read"The applicant shall address the requirements
of the City of Greeley, specific to access requirements only,as stated in the referral response dated January
9, 2012. Written evidence of such shall be submitted in writing to the Weld County Department of Planning
Services, seconded by Robert Grand. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR 11-0028 be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes;Nick Berryman,yes;Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
• Benjamin Hansford, yes; Mark Lawley,yes;Tom Holton,yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
asked if there was any further information regarding the terms for the Planning Commission. Brad Yatabe,
County Attorney, provided a memo and stated that there are two levels of authority. The stronger level of
authority is the Weld County Charter which states that appointments to Commissions are for three(3)year
terms and no person shall serve more than two (2) consecutive terms on any one appointed Board or
Commission. In addition,the Bylaws for the Planning Commission reflect what the Charter says and it is very
clear of the amount of terms allowed. Mr. Yatabe said that the process for amending the bylaws is fairly
simple and can be done at this level; however the process for amending the Charter is a more complex issue
which requires a general election.
Meeting adjourned at 4:10 pm.
Respectfully submitted,
htwihriti Car,,4Ddln
Kristine Ranslem
Secretary
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