HomeMy WebLinkAbout20210097.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
5
LA.Seaa -:o a
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, that the following resolution be introduced for denial 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:
USR20-0028
LONNIE SHOEMAKER
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OUTDOOR STORAGE OF PUBLIC UTILITY -RELATED
EQUIPMENT AND USES (PUBLIC UTILITY SUPPORT AND SERVICE)
SIMILAR TO THE USES LISTED (OIL AND GAS SUPPORT AND SERVICE)
AS PERMITTED AS LONG AS THE USE COMPLIES WITH THE GENERAL
INTENT OF THE ZONE DISTRICT IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LOT B REC EXEMPT RECX17-0007; BEING PART N2SW4 SECTION 13,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 23, APPROXIMATELY 0.37 MILES
NORTH OF CR 20.
be recommended unfavorably 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.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is served by an individual well, permit #310470, and a septic system, permit
#SP -1900082, for the residence. The employees will use portable toilets and bottled water,
as they are onsite for less than two (2) hours per day, which is acceptable per the
Environmental Health Services referral dated October 22, 2020.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District. If approved, 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 proposed facility is located on approximately 1.7 acres of prime soil if irrigated and 2.3
acres of irrigated, not prime soil per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The property is not currently irrigated and not affecting prime
agricultural land.
3 It is the opinion of the Planning Commission that the applicant has not 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.
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 2
The commercial operation involves ten (10) commercial vehicles and twenty-eight (28)
personal vehicles The proposal is located in an agricultural area with several rural
residences The number of vehicle tnps per day, seventy-six (76), is not consistent with the
intensity of development in an agncultural area
Section 22-2-30 C 1 Transition between land use types and intensities with buffers Uses
that are incompatible with existing uses must be able to mitigate conflicts
While the proposed landscaping and fence will not adequately screen the trucks from
surrounding rural residences and County Road 23
Section 22-2-30 D 2 Ensure that land use change proposals comply with appbcable
transportation plans, functional classifications, and access control plans adopted by the
County
Fort Lupton Comprehensive Plan designates this area as agricultural and rural residential for
future land uses The City of Fort Lupton, in their September 30, 2020 referral, indicated that
the proposal does not comply with the comprehensive plan and, if approved, requests
adequate buffering to protect agncultural and residential land uses
Sec 22-2-40 A 1 Identify target areas where the County is able to encourage shovel -ready
commercial and industrial development
The proposal is located along County Road 23, a paved artenal road maintained by the City
of Fort Lupton, however, it is two -and -a -half miles from a Weld County Opportunity Zone,
where commercial operations of this intensity would be encouraged
Sec 22-2-40 A 5 Encourage agglomeration economies of synergistic businesses
This would be the first Use by Special Review permit along County Road 23 between County
Road 18 and County Road 22 USR-1639 for a directional dulling company is 0 75 miles
north, roughly 0 25 miles north of County Road 22 does not appear to be operating
Sec 22-2-50 A 1 Connection to public water and sewer services shall be taken into
consideration for development approval
The property is adjacent, but not within the Central Weld County Water District 208
boundary
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone Distnct
The proposal is for outdoor storage of public utility -related equipment, permissible with a
USR under Section 23-3-40 Y, and uses similar to the uses listed, oil and gas support and
service (Section 23-3-40 W), as permitted as long as the use complies with the general intent
of the Zone Distnct, Section 23-3-40 KK The intent of the A (Agricultural) Zone District
states,
Agnculture in the County IS considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled and undirected
business, ►ndustnal 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
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 3
The proposal is not consistent with the intent of the A (Agricultural) Zone Distnct as the
intensity of the use is incompatible with surrounding residences and agricultural
operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands consist of pastures, crops, and rural residences There are seven
residences within 0 25 miles of the property and the closest residence is approximately
eighty feet to the north
There are twelve (12) USRs within one mile of the site USR-812 single family residence,
USR13-0049 non -1041 major facility, sixteen -inch pipeline, SUP -316 natural gas
compressor station, 1 MUSR17-13-0028 mineral resource development processing, SUP -209
dairy, USR-1639 directional drilling company, MUSR14-0022 non -1041 major facility
pipeline, USR14-0042 non -1041 high pressure line, USR-1444 gravel mining, SUP -426
mining, 1 MUSR16-11-1774 winery, and USR-1394AM mineral resource development facility
The Weld County Department of Planning Services sent notice to nine (9) Surrounding
Property Owners Planning staff received no correspondence Even though there was no
surrounding property owner objection, the close proximity of the residences may result in
future conflict The case is a violation, so there has been at least one complainant and there
may be more in the future While there are several Use by Special Review permits within one
mile, most are on County Road 25 or 21, not County Road 23 This is the only commercial
operation on this mile of County Road 23 The use is not compatible with surrounding land
uses
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities
The site is located within the three (3) mile referral area and Intergovernmental Agreement
Area of the Town of Firestone and the City of Fort Lupton The City of Firestone indicated no
interest in annexing the property on a Notice of Inquiry response dated July 26, 2020 The
City of Fort Lupton indicated in the June 8, 2020 Notice of Inquiry response, that they had
spoken with the applicant regarding annexation and the applicant was unwilling to consider
annexation In their September 30, 2020 referral, the City indicated the proposal does not
comply with the comprehensive plan and, if approved, requests adequate buffenng to protect
agncultural and residential land uses Fort Lupton Comprehensive Plan designates this area
as agricultural and rural residential for future land uses The City maintains County Road 23
in that area Site planning criteria have been added as a Condition of Approval
E Section 23-2-220 A 7 — There is adequate provision for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
The intensity of traffic, eighty-six (86) vehicle tnps per day and number of employees, twenty-
eight (28) will have a negative impact on the residential and agncultural uses in the area,
even with adequate onsite screening Therefore, 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 cannot ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
This recommendation is based, in part, upon a review of the application matenals submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 4
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends
the following conditions
1 Prior to recording the map
A A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the commercial storage and parking from surrounding
residences and nghts-of-way in accordance with Section 23-2-240 A 10 if the Weld County
Code (Department of Planning Services)
B The City of Fort Lupton has jurisdiction over all accesses to County Road 23 Contact the City
to obtain an access permit, as stated in the referral response received September 30, 2020
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
C A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required (Department of Public
Works)
D A Road Maintenance Agreement is required at this location Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes (Department of Public
Works)
E A Change of Use Permit for a commercial budding shall be submitted for the 3200 square -foot
accessory structure associated with ASN18-0276 (Department of Building Services)
F The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0028 (Department of Planning Services)
2 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
3 The attached Development Standards (Department of Planning Services)
4 Trash collection areas in accordance with Section 23-2-240 A 13 of the Weld County
Code (Department of Planning Services)
5 Landscaping and screening in accordance with the approved Landscape and Screening
Plan (Department of Planning Services)
6 Onsite lighting in accordance with Section 23-2-250 D of the Weld County Code
(Department of Planning Services)
7 Parking areas for vendors, customers and/or employees in accordance with Chapter 23,
Article IV, Division 1 and Appendices 23-A and 23-B (Department of Planning Services)
8 All signs shall be shown on the map in accordance with Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of
Planning Services)
9 County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of nght-of-way at full
buddout 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 nght-of-way) and
the physical location of the road All setbacks shall be measured from the edge of right-
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 5
of -way This road is maintained by Weld County (Department of Public Works)
10 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so that the longest vehicle (including traders) 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
(Department of Public Works)
11 Show and label the drainage flow arrows (Department of Public Works)
12 The City of Fort Lupton has lunsdiction over all accesses to County Road 23 Show the
approved accesses on the map and label with access permit number, if applicable
(Department of Planning Services)
13 Show 110 feet of City of Fort Lupton future nght-of-way for County Road 23, as stated in
the referral response received September 30, 2020 (Department of Planning Services)
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 Weld County Code Ordinance #2012-3, approved Apnl 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall be added for each
additional three (3) month penod (Department of Planning Services)
4 Pnor to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
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 budding 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)
Motion seconded by Sam Gluck
VOTE
For Denial Against Denial
Tom Cope
Lonnie Ford
Elgah Hatch
Skip Holland
Sam Gluck
Butch White
Absent
Gene Stine
Dwaine Barclay
Troy Mellon
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 6
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, Knstine 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 December 15, 2020
Dated the 15th of December, 2020
Knstine Ranslem
Secretary
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Elite Dnlling LLC c/o Lonnie Shoemaker
USR20-0028
1 A Site Specific Development Plan and Use by Special Review for outdoor storage of public utility -related
equipment and uses (Public Utility Support and Service) similar to the uses listed (oil and gas support and
service) as permitted as long as the use complies with the general intent of the zone district in the A
(Agricultural) Zone District, USR20-0028, 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 30 a m — 5 00 p m Monday — Sunday (Department of Planning Services)
4 The number of on -site employees shall be up to twenty-eight (28) as stated in the application matenals
(Department of Planning Services)
5 The number of commercial vehicles shall be up to ten (10), as stated in the application matenals
(Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
8 The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and 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 Dead or diseased plant matenals shall be replaced with matenals of similar quantity and quality at
the earliest possible time (Department of Planning Services)
9 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 (Department of Public Works)
10 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Department of Public Works)
11 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
12 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement (Department of Public Works)
13 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
14 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Department of Public Works)
15 The histoncal flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 8
16 ,Weld County is not responsible for fhe mamtenance_of_ onsite_drainage related features ; `(Department,of
Public Works)
17 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)
18 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)
19 Waste matenals 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 (Department of Public Health and
Environment)
20 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 (Department of Public Health and Environment)
21 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)
22 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 A permanent, adequate water
supply shall be provided for dunking and sanitary purposes The well permitted as 310470 cannot be
used for the business unless re -permitted for commercial use (Department of Public Health and
Environment)
23 For employees or contractors on site for less than 2 consecutive hours a day, 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)
24 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
25 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, fight from any light source may create a traffic
hazard to operators of motor vehicles on public or pnvate streets No colored lights may be used which
may be confused with, or construed as, traffic control devices (Department of Planning Services)
26 Budding permits shall be required for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code A building permit application must be completed and submitted
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently, the following have been adopted by Weld County 2018 International
Budding Codes, 2018 International Residential Code, 2006 International Energy Code, 2017 National
Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit
must be issued pnor to the start of construction (Department of Budding Inspection)
27 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)
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 9
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 (Department of Planning Services)
29 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)
30 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)
31 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 wntten request by the landowner
32 A Use by Special Review shall terminate when the USE is discontinued for a penod 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
33 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 cntical 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 person moving into these areas
must recognize the vanous impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property nghts and mineral owners should be afforded the opportunity to extract the mineral resource
34 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agncultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agncultural 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 agncultural 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
Agncultural users of the land should not be expected to change their long-established agncultural
practices to accommodate the intrusions of urban users into a rural area Well -run agncultural 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,
RESOLUTION USR20-0028
LONNIE SHOEMAKER
PAGE 10
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 aenal spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agncultural operations A
concentration of miscellaneous agricultural matenals often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agncultural 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 agncultural 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
irngation ditches, lakes, or other structures, unless they have an adjudicated nght 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 pnonties mean that
roads from subdivisions to artenals 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, electncal power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, terntonal 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
\a- 15 - ao�.o
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 15, 2020
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 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Butch White.
Absent: Gene Stille, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light. Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
Sam Gluck entered the meeting at 1:00 p.m.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR20-0028
LONNIE SHOEMAKER
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR OUTDOOR STORAGE OF PUBLIC UTILITY -RELATED
EQUIPMENT AND USES (PUBLIC UTILITY SUPPORT AND SERVICE) SIMILAR
TO THE USES LISTED (OIL AND GAS SUPPORT AND SERVICE) AS
P ERMITTED AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE ZONE DISTRICT IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RECX17-0007; BEING PART N2SW4 SECTION 13, T2N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 23, APPROXIMATELY 0.37 MILES NORTH
OF CR 20.
Angela Snyder, Planning Services, presented Case USR20-0028, reading the recommendation and
comments into the record. Ms. Snyder noted that there are multiple structures that were built without
obtaining the appropriate building permits. Additionally, Ms. Snyder stated that the access, as part of the
recorded exemption, was supposed to be closed and reclaimed; however, it is still being used quite heavily.
Ms. Snyder stated that this site does not comply with several parts of the Comprehensive Plan and provided
explanations to those criteria. She added that the site does comply with Sections 23-2-220.A.5 and A.6 as
it is not taking up any prime agricultural land.
Ms. Snyder noted that a petition was received from surrounding property owners regarding concerns of
noise, blowing dirt and trash, amount of outdoor stored materials, increase in criminal activity, noise from
trucks running and that they didn't feel the commercial business fit the area.
The Department of Planning Services recommends denial of this application. Should the Planning
Commission recommend approval, Staff has provided several conditions of approval and development
standards to be included.
Zack Roberson. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. A Road Maintenance Agreement will be required due to the amount of traffic. Mr. Roberson
said that the applicant had submitted a drainage narrative; however, at the time they were using an old
narrative which is no longer found in the current county code. Since the original submittal the applicant has
built additional buildings and the site has found to have generated 12 cfs, which is above the allowed 10
cfs. Due to this. this exception is no longer valid and Staff has updated the conditions of approval for a final
drainage report and certification of compliance stamped and signed by a professional engineer in the State
of Colorado. Mr. Roberson recommended adding a new development standard in relation to this to the
draft resolution.
1
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Lonnie Shoemaker, 9124 CR 23, said that he has been in the directional dnlling business and has sold his
company to the new owners in Apnl He added that there are 25 employees and running four crews Mr
Shoemaker said that there is so much traffic on this road from the gravel pit north of County Roads 19 and
23 and added that the majonty comes from them
Mr Shoemaker said that they do use the access Ms Snyder referred to as it made more sense since it was
safer for them than the shared access that the County wanted them to put in He added that there are no
water rights to this property
Mr Shoemaker said that he had hired someone to submit the building permits, however, they have gone
AWAL so the permitting that was supposed to be done hasn't been completed
Commissioner Cope clanfied if the applicant is still living on site and leasing the area to the new dulling
company Mr Shoemaker replied that is correct and the new owners want to try and keep everything the
same Mr Cope said that in the storage area it looks like part of the area is in a recorded right-of-way
agreement with Amoco Production and he added the applicant would have to get permission from them to
be allowed to store anything there
Commissioner Cope asked what the intent is for the use of the commercial budding Mr Shoemaker said
that it is mainly for storage He added that they keep their equipment inside and perform minor repairs like
fixing a light occasionally
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Steven Gill, 9510 CR 23, Ft Lupton, stated that he lives adjacent to this property Mr Gill said that he has
talked to a lot of neighbors and encouraged to follow up at this meeting He said that there are quite a few
of the neighbors who signed the petition and added that there quite a few other that want to stay anonymous
but who are highly opposed to what is going on Mr Gill expressed concerns that there is too much
commercial in the area, noise issue with equipment running and people yelling over the equipment, exhaust
brakes, hours of operation, blowing trash, and cnminal activity with people sneaking into the site at night
He said that he has had to repair his fence several times where they have pushed trucks or traders into his
fence line The matenals they stored are all along his fence and it is unsightly with blowing trash and has
been there a long time
Mr Gill asked why the applicant put his equipment on his fence instead of on the other side of the budding
by the applicant's own house He further asked for clanfication that the applicant is not actually operating
the business for himself, but that he sold the business He expressed concern that it is not even his
neighbor running the business but from someone else running the business that shouldn't be there in the
first place
Mr Shoemaker said that the north side of his property is the only place where he can store anything
because there is an oilfield nght-of-way that you can't build anything on it He added that these concerns
are the first he has heard about these He believes that they can work something out that can work for
everybody He said that that you should be able to do what you want on your property He added that he
works for the new company
The Chair asked Staff for any changes they would like to make Mr Roberson suggested adding a new
Development Standard 16 that would read "Weld County is not responsible for the maintenance of onsite
drainage related features"
Motion Add a new Development Standard 16, as requested by Staff, Moved by Tom Cope, Seconded
by Sam Gluck Motion carned unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
2
Motion Forward Case USR20-0028 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Butch White, Seconded by Sam Gluck
Vote Motion carned by unanimous roll call vote (summary: Yes = 6)
Yes Butch White, Elijah Hatch, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope
Commissioner Cope agreed with Staffs rationale for the recommendation for denial
Meeting adjourned at 2 22 pm
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
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