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Home My WebLink About20232312.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes, 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: 2MJUSR23-11-0027 M & M Excavation Company, LLC Chris Gathman A Site Specific Development Plan and Second Major Amended Use by Special Review Permit Number USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) to construct a new building for additional storage space of equipment and/or trucks being repaired or waiting for repair parts, along with additional outdoor storage in the A (Agricultural) Zone District. Lots A and B of Recorded Exemption RE -4762, being part of the E1/2 NW1/4 of Section 17, Township 5 North, Range 64 West of the 6th P M., Weld County, Colorado. South of and adjacent to County Road 58; 0.25 miles east of County Road 51. 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 22-2-30.A.2. Limit the density and intensity of development to maintain agricultural areas. The proposed amendment will remove approximately two (2) acres of irrigated farm ground on the main parcel (Lot B). Most of the site (approximately 65 acres) is irrigated cropland and will continue to be in production. The storage yard and the buildings are located on the northeast corner of the site and encompass about eight (8) acres. Section 22-2-30. C. Harmonize development with surrounding land uses. Outdoor storage and staging of vehicles and equipment associated with this amendment will be required to be screened. Weld County is requiring that the existing Improvements and Road Maintenance Agreement be reviewed and revised to address additional traffic associated with this proposed major amendment. 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 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 RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 2 development, without the interference of other, incompatible land uses " M&M Excavation provides excavation services for the oil and gas industry (site preparation, drill pad builds and site reclamation) M&M excavation also supports agricultural industries along with civil and environmental operations C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses There is an existing single-family residence and outbuildings on a parcel to the north of the site (across from County Road 58), a single-family residence is located approximately 1,000 -feet to the west, agricultural buildings are located to the east, agricultural land (cropland) is located to the east and to the south Use by Special Review Permits (USRs) within one (1) mile of this site include USR-1325 (USR for two residences), USR-517 (AG Chemical Supply Business), MUSR15-0020 (Gravel Mining), 1MUSR18-12-0001 (Fire Station/Training Facility), 1MUSR20- 16-0045 (Storage of construction and oilfield equipment), USR18-0056 (greater than 12 -inch high pressure natural gas line) and USR18-0077 (36 -inch crude pipeline) The proposed use is in an area that can support this development and the existing and proposed screening, 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 No phone calls and/or correspondence have been received from surrounding property owners regarding this application 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 property is located within the Cooperative Planning Agreement boundary for Keenesburg/Weld County In an e-mail dated January 31, 2023, the Town of Kersey responded that they wanted to annex the property The applicant provided a written response indicated that they ,met with the Town of Kersey on February 7, 2023, and that the property owner does not wish to annex into Kersey at this time Town of Kersey did not provide a referral response in response to this application It is also within 3 miles of Greeley The Town of Kersey Comprehensive Plan Future Land Use Map delineates the parcel as "Undetermined Use" E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 3 Historic Townsites Overlay District, or Agricultural Heritage Overlay Distract Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs 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 Natural Resources Conservation Services (NRCS) Soil Survey identifies the area to be developed as Altvan loam, 0 to 1 percent slopes This is identified as "not prime farmland" No Prime Farmland will be removed from production F 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 3858544) shall be reviewed and revised (Development Review) B A Final Drainage Report with Variance Request and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado shall be submitted (Development Review) C The applicant shall acknowledge the comments of the Colorado Division of Water Resources, as stated in the referral response dated May 8, 2023 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) D The applicant shall acknowledge the comments of the Weld County Oil & Gas Energy RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 4 Department (OGED), as stated in the referral response dated May 10, 2023 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) E A Lighting Plan (if additional lighting is proposed) shall be submitted to and approved by the Department of Planning Services (Department of Planning Services) F A Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the proposed outdoor storage and staging areas from the Surrounding Property Owners and rights -of -way The type of screening fence shall be identified (Department of Planning Services) G The proposed drainage pond is to be located on Lot A of RE -4762 whereas the remainder of the existing operations and proposed operations on this amended USR are located on Lot B of RE -4762 Therefore, an access and maintenance easement/agreement addressing the access and maintenance of the drainage pond (Department of Planning Services) H The map shall be amended to delineate the following 1 All sheets of the map shall be labeled 2MJUSR23-11-0027 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) _ 4 The applicant shall delineate 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) 5 The map shall delineate the screening in accordance with the approved Screening Plan (Department of Planning Services) 6 The map shall delineate the existing landscaping (including landscaping delineated on the recorded 1MUSR22-11-0027 map) (Department of Planning Services) 7 The map shall delineate the onsite lighting in accordance with the approved Lighting Plan (Department of Planning Services) 8 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) 9 The map shall delineate the parking area for the vendors, customers and/or employees (Department of Planning Services) 10 County Road 58 is a paved road and is designated on the Weld County Functional RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 5 Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and existing right- of -way (along with the documents creating the existing right-of- way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 11 Show and label the approved access location, approved access width and the appropriate turning radii on the site plan (Development Review) 12 Show and label the approved tracking control on the site plan (Development Review) 13 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) 14 Show and label the accepted drainage features The stormwater retention pond should be labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume (Development Review) 15 Show and label the parking and traffic circulation f low 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 Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with 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 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 ap proved for an early release agreement (Department of Planning Services) Motion seconded by Shana Morgan RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 6 VOTE For Passage Elijah Hatch Skip Holland Butch White Pamela Edens Michael Wailes Shana Morgan Against Passage Absent Michael Palau 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, Michelle Wall, 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 1, 2023 Dated the 1st day of August 2023, Michelle Wall Secretary RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS M&M Excavation 2MJUSR23-11-0027 1 A Site Specific Development Plan and 2nd Amendment, No 2MJUSR23-11-0027, to Use by Special Review Permit No USR11-0027, A Site -Specific Development Plan and 2nd Amended Use by Special Review Permit No USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) to construct a new building for additional storage space of equipment and or trucks being repaired or waiting for repair parts along with an additional outdoor storage area outside of subdivisions and historic townsites in the in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The hours of operation are 6 00 a m — 7 00 p m Mondays — Fridays and 6 00 AM to 12 00 PM Saturdays (Department of Planning Services) 4 The number of on -site employees shall be up to 10 as stated in the application materials (Department of Planning Services) 5 The parking area on the site shall be maintained (Department of Planning Services) 6 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code (Department of Planning Services) 7 The existing and proposed landscaping and screening on the site shall be maintained in accordance with the approved Screening Plan 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 (Department of Planning Services) 8 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) 9 The Property Owner shall maintain compliance with the Decommission Plan (Department of Planning Services) 10 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) 11 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) 12 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) ' RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 8 13 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) 14 The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement (Development Review) 15 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 16 The historical f low patterns and runoff amounts on the site will be maintained (Development Review) 17 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 18 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 (Public Health and Environment) 19 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 (Public Health and Environment) 20 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 accepted waste handling plan (Public Health and Environment) 21 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 accepted dust abatement plan (Public Health and Environment) 22 This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C R S (Public Health and Environment) 23 Sewage disposal for the facility shall be by On -site Wastewater Treatment system (OWTS), as applicable Any OWTS located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Public Health and Environment) 24 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times (Public Health and Environment) 25 A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as applicable The facility shall utilize the existing public water supply (Central Weld County Water District) (Public Health and Environment) RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 9 26 Any vehicle washing area 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 (Public Health and Environment) 27 The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations (Public Health and Environment) 28 All 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 (Public Health and Environment) 29 Process wastewater (such as 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 (Public Health and Environment) 30 The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times (Public Health and Environment) 31 If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division (Public Health and Environment) 32 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Public Health and Environment) 33 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 34 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map 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) 35 Building permits may be required, for any new construction, setup 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 the start of construction (Department of Building Inspection) 36 Building Permits issued on the proposed lots will be required to adhere to the fee structure of RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 10 the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs 37 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) 38 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended 39 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 (Department of Planning Services) 40 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 (Department of Planning Services) 41 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 (Department of Planning Services) 42 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated 43 A 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 44 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 RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 11 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 45 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 46 WELD COUNTY'S RIGHT TO FARM STATEMENT 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, f lies 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 RESOLUTION 2MJUSR23-11-0027 M & M Excavation Company, LLC PAGE 12 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 f ire 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 oilfield 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 Summary of the Weld County Planning Commission Meeting Tuesday, August 1, 2023 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, Elijah Hatch, at 1:30 pm. Roll Call. Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Shana Morgan. Absent: Michael Palizzi, Pamela Edens Also Present: Maxwell Nader, Chris Gathman, and Diana Aungst, Department of Planning Services; Jason Maxey, Department of Oil and Gas Energy. Lauren Light. Department of Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary. Motion: Approve the July 11, 2023, Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Butch White. Motion passed unanimously. Michael Wailes nominated Elijah Hatch to serve as the Planning Commission Chair for 2023 - 2024. No other nominations were made. Motion: Close Nominations for Chair of the Planning Commission. Moved by Butch White; Seconded by Shana Morgan. The nomination passed unanimously. Commissioner Pamela Edens entered the meeting at 1:33 pm. Michael Wailes nominated Butch White to serve as the Planning Commission Vice Chair for 2023 - 2024. No other nominations were made. Motion: Close Nominations for Vice Chair of the Planning Commission. Moved by Shana Morgan, Seconded by Skip Holland. The nomination passed unanimously. Case Number: Applicant: Planner: Request: Legal Description: Location 2MJUSR23-11-0027 M & M Excavation Company, LLC Chris Gathman A Site Specific Development Plan and Second Major Amended Use by Special Review Permit Number USR11-0027 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) to construct a new building for additional storage space of equipment and/or trucks being repaired or waiting for repair parts. along with additional outdoor storage in the A (Agricultural) Zone District. Lots A and B of Recorded Exemption RE -4762, being pad of the E1/2 NW1/4 of Section 17, Township 5 North, Range 64 West of the 6th P.M Weld County, Colorado. South of and adjacent to County Road 58; 0.25 miles east of County Road 51 Chris Gathman, Planning Services, presented Case 2MJUSR23-11-0027, reading the recommendation and comments into the record. No phone calls and/or correspondence have been received from surrounding property owners regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Eric Wernsman. Wernsman Engineering and Land Development, 16493 Essex Road South, Platteville, Colorado. Mr. Wernsman thanked the Planning Staff for doing a great presentation. He explained that this is a very well -kept site and that the applicant provides services for a number of Weld County businesses. 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 2MJUSR23-11-0027 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 Wailes, Seconded by Shana Morgan Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Butch White, Elijah Hatch, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 2 59 pm Respectfully submitted, Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip iniVE C©AI3 2s z4 Z uX.,iZ.i o K e42 ,4-)� e� � oft C.°� Y43 -C7 -L A Lpirk() Lhi2A t C-160ct CIL, do 1 P1P 40 621L �� v fi-E944- Wee -4540a., e`,ltJCfnS L`� Co^ /cvn EseA gel .J Rffiltryhue cc 50(,51 �+�l -. 461;1,5104 .lJ�� Jl�liLll.vNA4a-eL._ Itagtif LtJfJ/tena.tktl I ysUK oN7 3/07 S`2 rm Al �/!i Got ereure57 co eo 63 y /,j/4ittvGx,ijA+tcrh.omi 666 449��FVie/AAA/1A- cc*, SGra-f"t I3 5 4N--thpsK SK n s/,e/e . c0 .4 (7? -L( 6-iirit St' Depvti ¢O 21 g . ?yail Dhiciillt•,co• `17 5,Ie ?aiyQvves/ f�- t �i�ldtoCo 3�a,r"oy f�b � M.4,c,��o. /�;GLcC,( 0 °cam /� e - N't%c.�cel. cI�,��t ( �J L,JSO/1 54- (Ct. 4,0erieLyiE C.7 goSo� ��tcc�,(c3 0.5 Deft, eJ"C.G ( b0 b -le .T a ift-te4- k Lv . 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