HomeMy WebLinkAbout20242129.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, 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:
Applicant:
Planner:
Request:
Legal Description:
Location:
1 MJUSR24-12-0061
Colorado Property Holding Company, LLC
Diana Aungst
A Site Specific Development Plan and Major Amendment to Use by Special
Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and
Service Facility (parking, staging and maintenance of oil and gas trucks and
storage of portable toilets) in the A (Agricultural) Zone District.
Lot A Recorded Exemption RE -1506, being part of the SW1/4 of Section 19,
Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 42: east of and adjacent to County Road
49.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor
operations."
The subject property has historically been used for residential purposes as the residence was
construction in 2004 under building permit #BCN-040286.
Section 22-2-60.8.3. states: "Require that energy and mineral resource development conserve
the land and minimize the impact on surrounding land and the existing surrounding land uses."
The proposed use benefits the oil and gas industry without eliminating any productive
agricultural land. USR12-0061 was issued to Justice Trucking for roust -a -bout operations on
the site. The subject property was conveyed to the current owner, Mr. Guttersen. and the roust -
a -bout activities have increased substantially. Atlas Energy provides hydro -vac services to oil
and gas sites and also provides portable toilets to various job sites, including oil and gas sites.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses."
The location of the parking area is expanding to include the land adjacent to CR 49. Screening
of all the storage areas is required. The two (2) closest residences are west of the site, on the
west side of HWY 49. There are no residences on the east side of HWY 49 within properties
to the north, east, and south are utilized for crop production with the closest residence on the
east side about 2,200 feet east of the subject property.
The application materials included a nuisance and waste management plan that indicate that
both shops will have floor drains and there will be three (3) fuel storage tanks. Noise from idling
of the trucks was estimated to be 31.4 db(A) at the nearest residence. The operation shall
adhere to the noise limit as indicated in the Development Standards. Finally, on -site dust will
be contained by watering surfaces as necessary.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 2
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses "
Section 23-3-40 V Uses by Special Review, of the Weld County Code allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District
Section 23-1-90 states that Oil and Gas Support & Service includes trucking companies
principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc
This code section allows the applicant to apply for the oil and gas truck parking
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The five (5) adjacent unincorporated lands surrounding the site are zoned A (Agricultural) and
the land uses include pastures, crops and rural residential
There are eleven (11) USRs within one (1) mile of the site USR-854 for eight (8)
communication towers, SUP -124 for a hog farm (no longer operating), USR-202 for a feed lot,
2MUSR23-14-0030 for a solid waste disposal site and facility including a Class I composting,
an animal waste recycling or processing facility, 1 MUSR18-17-0023 for oil and gas support and
service, and USR17-0048, USR17-0077, USR18-0026, USR18-0027, USR18-0077, and
USR12-0006 for 12" high-pressure natural-gas pipelines
The Weld County Department of Planning Services sent notice to five (5) surrounding property
owners within five hundred (500) feet of the subject property No correspondence was received
The residence and the shop are both utilizing a commercial water well (Permit No 294098)
The referral comments from the Division of Water Resources,, dated April 1, 2024, state that
well (Permit No 294098) is the only well on the site and is permitted for commercial uses and
if the applicant intends to use the well for any other uses besides drinking water and sanitary
purposes for a commercial business the well must first be re -permitted Since the well is
connected to the residence and is being used for both commercial and residential purposes
the applicant will be required to re -permit the well or purchase' a water tap from Central Weld
County Water District
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- That the uses which would 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 this Code or masteriplans 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
The site is not located within three miles of a municipality
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 3
The property is partially located within the A -P (Airport) Overlay District The property is not
located in within a Special Flood Hazard Area, I-25 Overlay District, a Geologic Hazard Overlay
District, the MS4 — Municipal Separate Storm Sewer System area, Historic Townsite Overlay
District, Agricultural Heritage Overlay District, or part of a Disproportionally Impacted
Community
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, 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 facility is primarily designated as "Farmland of Statewide Importance"" with low slope,
Olney sandy loam soils There is a small portion of "Not prime farmland" located in the
northwest corner of the site with low slope, Valent sand soils per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report The property has is a dry corner and has
historically been utilized as residential A USR for Oil and Gas Support and Service has been
operating on the site since 2012 This amendment will not remove any irrigated agricultural
land from 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 proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
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 existing Improvements and Road Maintenance Agreement (Rec No 3978862) shall be
reviewed and revised, as necessary, to address the traffic associated with the proposed use of
the site (Development Review)
1,
B A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Development Review)
C The applicant shall acknowledge the advisory referral comments from the Weld County Oil and
Gas Energy Department, as stated in the referral response dated April 2, 2024 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Service)
D The applicant shall address the concerns of the Division of Water Resources, as stated in the
referral response dated April 1, 2024 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 4
E The applicant shall provide evidence that the residence has water from either Central Weld
County Water District or an appropriately permitted well (Department of Planning Services)
F A Lighting Plan shall be submitted to and approved by the Department of Planning Services
(Departmerit-of Planning Services)
G A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way (Department of Planning Services)
H The map shall be amended to delineate the following
1) All sheets of the map shall be labeled 1MJUSR24-12-0061 (Department of Planning
Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D and Section 23-4-1030 of the Weld
County Code (Department of Planning Services)
4) The map shall delineate the existing landscaping and/or screening (Department of
Planning Services)
5) The map shall delineate the parking spaces for the trucks and other vehicles (Department
of Planning Services)
6) The map shall delineate at least eight (8) ADA parking spaces (Department of Planning
Services)
7) The map shall delineate the storage and screening areas for the portable toilets
(Department of Planning Services)
8) The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
9) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable (Department of Planning Services)
10) Show and label any on -site lighting, if applicable All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties Include lighting
specification details on the USR map Refer to Section 23-2-250 D of the Weld County
Code for design criteria (Department of Planning Services)
11) Show and label the location of the trash collection areas, if applicable Include specification
details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for
design criteria (Department of Planning Services)
12) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date (Department of Planning Services)
13) County Road 42 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the USR map the existing right-of-way (along with its
creating documents) and the physical location of the road All setbacks shall be measured
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 5
from the edge of right -of- way This road is maintained by Weld County (Development
Review)
14) The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically,reguires 140 feet (or 180 feet in some
locations) of right -of- way at full build out Contact Development Review for the location of
the existing and future right- of -way and easements and delineate these on the map
(Development Review)
15) Show and label the approved access locations and provide appropriate dimensions for the
access widths and turning radii as defined in Table 8-3 of Appendix Q of the Weld County
Code) Include in the label all applicable usage types (Agricultural, Residential Commercial,
and/or Oil & Gas) (Development Review)
16) Show and label the approved tracking control on the USR map (Development Review)
17) Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet (Development Review)
18) Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water
quality and detention volumes (Development Review)
19) Show and label the drainage flow arrows (Development Review)
20) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit 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 USR map along with all other
documentation required as Conditions of Approval The USR 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 USR 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 Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00
recording continuance fee shall be added for each additional 3 -month, period (Department of
Planning Services) _
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
B If more than one (1) acre of land is to be disturbed, a Weld County Grading Permit shall be
acquired (Development Review)
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 6
5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded 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) i
Motion seconded by Virginia Guderjahn
VOTE
For Passage
Butch White
Michael Wades
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Cindy Beemer
Against Passage Absent
Pamela Edens
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 Commissioners 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 August 6, 2024
Dated the 6'h of August, 2024
AFt4 flu
Kristine Ranslem
Secretary
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Property Holding Company, LLC
1 MJUSR24-12-0061
1 A Site -Specific Development and Major Amendment to Use by Special Review Permit, 1 MJUSR24-
12-0061, for an expansion of an Oil and Gas Support and Service Facility (parking, staging and
maintenance of oil and gas trucks and storage of portable toilets) outside of subdivisions and
historic townsites 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 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 The hours of operation are 24 hours a day / 7 days a week, stated in the application materials
(Department of Planning Services)
5 The number of on -site employees shall be up to ten (10) and 140 drivers, as stated in the application
materials (Department of Planning Services)
6 The number of commercial vehicles shall be up to 140, as stated in the application materials
(Department of Planning Services)
7 No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the
site (Department of Planning Services)
8 The extra roll -offs and dumpsters shall not be stored on the site (Department of Planning Services)
9 The parking area on the site shall be maintained (Department of Planning Services)
10 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code
(Department of Planning Services)
11 The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan (Department of Planning Services)
12 Required landscaping and screening shall be installed within one (1) calendar year of issuance of
a building permit or commencement of use, whichever occurs sooner Maintenance of the
landscaping shall include, but not be limited to, irrigating, mowing, pruning, and removal of trash
and weeds Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time (Department of Planning Services)
13 This site is partially located within the Airport Overlay District (Department of Planning Services)
14 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
15 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
16 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 8
17 Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement (Development Review)
18 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Development Review)
19 The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Development Review)
20 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 stormwater runoff (Development Review)
21 Weld County is not responsible for the maintenance of onsite drainage related features
(Development Review)
22 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 and Environment)
23 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 and Environment)
24 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the
approved waste handling plan (Department of Public Health and Environment)
25 Fugitive dust should attempt to be confined on the property Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations and the approved dust
abatement plan (Department of Public Health and Environment)
26 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C R S (Department of Public Health and Environment)
27 Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation Secondary containment shall be
sufficiently impervious to contain any spilled or released material Secondary containment devices
shall be inspected at regular intervals and maintained in good condition (Department of Public
Health and Environment)
28 Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times
For employees or contractors on site for less than two (2) consecutive hours a day, and two (2) or
less full-time employees on site, portable toilets and bottled water are acceptable Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights -of -way (Department of
Public Health and Environment)
29 All 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)
Resolution 1MJUSR24-12-0061
Colorado Property Holding Company, LLC
Page 9
30 A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site, as applicable (Department of Public
Health and Environment)
31 The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations (Department of Public Health and Environment)
32 Any on -site wastewater treatment 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)
33 In the event the applicant intends to utilize the existing on -site wastewater treatment system, for
additional employee use, the system shall be reviewed by a Colorado Registered Professional
Engineer The review shall consist of observation of the system and a technical review describing
the system's ability to handle the proposed hydraulic load The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment In the event the system is found to be inadequately sized or constructed the system
shall be brought into compliance with current Regulations (Department of Public Health and
Environment)
34 A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(Department of Public Health and Environment)
35 Any vehicle or equipment washing area(s) shall capture all effluent and prevent discharges from
the washing of portable toilets, equipment, and vehicles (Department of Public Health and
Environment)
36 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable (Department of Public Health and Environment)
37 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)
38 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)
39 Lighting shall be maintained in accordance with the approved L ghting Plan (Department of
Planning Services)
40 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)
41 Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code 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 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County 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 A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to
Resolution 1MJUSR24-12=0061
Colorado Property Holding Company, LLC
Page 10
the start of construction (Department of Building Inspection)
42 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs
(Department of Planning Services)
43 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
44 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
45 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
46 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
I
47 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
48 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request
by the landowner
49 This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit
50 In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown The landowner shall be notified at
least ten (10) days prior to the hearing If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated
Summary of the Weld County Planning Commission Meeting
Tuesday, August 6, 2024
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 Vice Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Michael
Biwer, Cindy Beemer.
Absent: Pamela Edens.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
1 MJUSR24-12-0061
Colorado Property Holding Company, LLC
Diana Aungst
A Site Specific Development Plan and Major Amendment to Use by Special
Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and
Service Facility (parking, staging and maintenance of oil and gas trucks and
storage of portable toilets) in the A (Agricultural) Zone District.
Lot A Recorded Exemption RE -1506, being part of the SW1/4 of Section 19,
Township 4 North. Range 64 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 42: east of and adjacent to County Road
49.
Diana Aungst, Planning Services, presented Case 1 MJUSR24-12-0061, reading the recommendation and
comments into the record. Ms. Aungst stated that notice was sent to five (5) surrounding property owners
within 500 feet of the subject property. No correspondence was received.
Ms. Aungst provided Environmental Health's review of the public water and sanitary sewer requirements,
on -site dust control and the waste handling plan. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
Commissioner Wailes asked how it was determined they were not in compliance. Ms. Aungst said that the
outdoor storage of the roll -off dumpsters and the portable toilets are not allowed in the agricultural zone.
Mr. Wailes asked what happens if the major amendment is not approved to the original USR Permit. Ms.
Aungst said that if they don't remedy the violation, the probable cause/show cause hearing will proceed to
determine if the applicant can meet compliance.
Hannah Dutrow, AgProfessionals, 3050 67t'1 Ave, Greeley, Colorado, stated that the applicant is requesting
an amendment to USR12-0061 to update operations of an existing oil and gas support service business.
She added that Atlas Energy and Fortress Development Solutions are the companies on site.
There is an existing residence on site and the shop building will continue to be use for operations. Ms.
Dutrow provided a brief summary of the visual site plan. Maintenance of the vehicles will be performed
inside the shop building.
Commissioner Palizzi asked about the concerns from the Division of Water referral. Ms. Dutrow said that
the well was repermitted when the previous owner applied for their USR and it is a commercial exempt well
which no longer includes residential uses. She added that they are working with Central Weld County
Water District to have a water study done as they believe that is the most plausible solution, otherwise they
will have to go through well augmentation process with the Division of Water Resources.
1
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Commissioner Hammond asked if the septic system will be affected if the status of the water well will
change Ms Aungst said that the septic systems are reviewed separately, however, they will need to
ensure that the septic systems are appropriately sized to accommodate for the growth of the 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 1MJUSR24-12-0061 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 Michael Palizzi, Seconded by Virginia Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Meeting adjourned at 3 37 p m
Respectfully submitted,
41)1,:abra in n,
Kristine Ranslem
Secretary
2
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