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HomeMy WebLinkAbout20210440.tiffBEFORE THE WELD COUNTY, COLORADO.. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, 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: USR20-0022 APPLICANT: 151 DEVELOPMENT GROUP, LLC PLANNER CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE STORAGE OF OIL FIELD SUPPORT EQUIPMENT, VEHICLES AND SUPPLIES) AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 20 CARGO CONTAINERS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART SW4 SECTION 19, T3N, R68W OF THE 6TH P.M.. WELD COUNTY.. COLORADO. LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 66 AND EAST OF AND ADJACENT TO CR 1. 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.C of the Weld County Code states: "Harmonize development with surrounding land uses. The applicant has been working with a neighboring property owner to the northeast of the site (an objector) to install screening to screen and mitigate the look of the use from this property. Land intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." The proposed use will be located in the vicinity of existing residences across County Road 1 to the west and rural residential lots to the north and east. The applicant has amended the storage area to be predominately located in areas in the vicinity of County Road 1 and has increased the setback of the facility from County Road 1 by approximately 440 -feet. Section 22-2-60.B.3 states: "Require that energy and mineral resource development conserve the land and minimize the impact on the surrounding land and existing surrounding land uses." The storage area will be located adjacent to existing oil and gas improvements on the property. A landscape and screening plan is attached as a condition of approval to screen the oil and gas equipment storage area from adjacent properties and rights -of -way. 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 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 development. without the interference of other. incompatible land uses." RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 2 The proposed use is a support use for natural resource extraction and energy development uses No agncultural land (cropland) will be removed as a result of this use C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses Some small-scale cropland and two single-family residences are located to the west, across County Road 1 Single-family residences are located on rural properties to the north and east A single-family residence is located to the south and two subdivisions (Seemore Heights and Nesting Crane PUD) are located to the south and southeast An indoor RV storage USR is located to the north (USR19- 0006) and a kennel operation (USR14-0040) is located to the southwest A USR (USR-1738) for a tree recycling/mulch business and a landscape business (USR-1440) are located approximately 800 - feet to the north Staff received a phone call from one (1) surrounding property owner expressing concern that oil and gas equipment continues to be brought into the site and the proximity of the storage area to neighboring properties No other phone calls or correspondence has been received from surrounding property owners concerning this application The extent of the existing storage area has not increased since the application was submitted The applicant has been working with the surrounding property owner to establish screening to mitigate the appearance of the facility from his property and has moved/relocated existing oil and gas equipment that was installed immediately adjacent to the fence on the eastern boundary of the storage area The applicant has redesigned the facility to move the boundanes of the storage area further away from residences on County Road 1 The traffic associated with this proposed use is relatively low (approximately 60 roundtnps per month for semis and trailers and approximately 60 round tnps per day for passenger vehicles) Conditions of Approval and Development Standards, including reguinng a Landscape and Screening Plan screening the storage area on all sides, will mitigate impacts and assist in ensunng compatibility with existing 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 areas of the Town of Firestone, City of Longmont and Town of Mead The Town of Mead Municipal limits are approximately 950 -feet to the east of this property and the City of Longmont is in the proximity to the southwest corner of the County Road 1/State Highway 66 intersection No referral response was received from the City of Longmont The Town of Firestone in their referral comments, dated September 9, 2020 indicated that they have no concerns The site is located within the Coordinated Planning Agreement Area of the Town of Mead The Town of Mead responded in a Notice of Inquiry dated July 22, 2020 that they were not interested in pursuing annexation with the applicant Town of Mead in their referral response dated September 11, 2020 indicated no conflict with their interests, however the Town of Mead provided an updated referral response dated December 11, 2020 stating that the proposed use does not comply with their Comprehensive Plan future land use designations It should be noted that the Town of Mead stated in their e-mail attachment dated December 11, 2020 that they had no intentions to annex or seek to annex the property at this time No other objections to the use were mentioned in the Town of Mead referral The Mead Comprehensive Plan identifies the area around the intersection of County Road 1 and State Highway 66, including this property, as outside of the Town Limits but within the 2018 Mead RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 3 Planning Influence Area with proposed uses designated as MU -RC (Mixed Use — Residential Commercial The Town of Mead Comprehensive Plan delineates MU -RC as "a mix of large lot, single-family, multi -family, and senior housing, supported by small pockets neighborhood -serving commercial uses " The proposed use will only occupy a portion of the property (largely around areas disturbed by existing oil and gas production and staging areas) and will be located approximately 500-600 feet north of the County Road 1/State Highway 66 intersection The proposed storage area (since the original submittal) has been reduced in area and set back further from County Road 1 to the west Additionally, traffic associated with the facility (eight -round trips per day) will be minimal Conditions of approval and development standards (requiring the facility to be screened from all sides) will assist in ensunng compatibility with future development should it occur on this site or adjacent sites 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 within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District 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 F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The proposed facility is located on approximately 46 7 acres identified as "Other" with a small portion in the NE corner identified as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map The area in the northeast corner of the site is occupied by an existing oil and gas production facility No existing farmground will be taken out of production under this USR G Section 23-2-220 A 7 — There are 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 will ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A An Improvements and Road Maintenance Agreement is required for off -site improvements at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements (Department of Public Works) B 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) C A Decommissioning Plan shall be submitted to and approved by the Department of Planning Services (Department of Planning Services) RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 4 D A Landscape and Screening Plan shall be submitted to and accepted by the Department of Planning Services that screens the site from the Surrounding Property Owners and nghts-of- way on all sides If landscaping is proposed — a long-term irrigation source and irrigation plan detailing the irrigation and maintenance of landscaping shall be submitted for review and approval (Department of Planning Services) E The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR20-0022 (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 County Road 1 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full bwldout 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 (Department of Public Works) 5 Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan The applicant must obtain an access permit in the approved location(s) prior to operation (Department of Public Works) 6 Show and label the approved tracking control on the site plan (Department of Public Works) 7 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 (Department of Public Works) 8 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 volume (Department of Public Works) 9 Show and label the drainage flow arrows (Department of Public Works) 10 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) 11 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) 12 The map shall delineate the landscaping and screening in accordance with the accepted Landscape and Screening Plan (Department of Planning Services) 13 The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan (Department of Planning Services) 14 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 5 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 15 The map shall delineate the parking area for the vendors, customers and/or employees (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 The approved access and tracking control shall be constructed prior to on -site construction (Department of Public Works) B 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 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) Motion seconded by Lonnie Ford VOTE For Passage Tom Cope Gene Stile Lonnie Ford Elijah Hatch Skip Holland Butch White Against Passage Absent Dwaine Barclay Sam Gluck Troy Mellon 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 RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 6 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 February 2, 2021 Dated the 2nd of February, 2021 --/vea,er.ee. O.' Witi--e- Michelle Wall Secretary RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 151 Development Group USR20-0022 1 A Site Specific Development Plan and Use by Special Review for an Oil and Gas Support and Service Use (Outside Storage of Oil Field Support Equipment and Supplies) and more than the number of Cargo Containers allowed by Section 23-3-30 of the Weld County Code, USR20-0022, 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 shall only occur during daylight hours (7 days a week) 4 Any equipment and supplies over thirty (30) feet in height shall be stored horizontally 5 The parking and storage area on the site shall be maintained 6 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) 7 The existing and proposed landscaping and screening on the site shall be maintained in accordance with the accepted Landscape and Screening Plan 8 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 9 Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time (Department of Planning Services 10 The Property Owner shall maintain compliance with the accepted Decommission Plan- (Department of Planning Services) 11 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) 12 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) 13 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Department of Public Works) 14 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 (Department of Public Works) 15 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Department of Public Works) 16 The site shall comply with Colorado Department of Transportation SH 66 access control plan (Department of Public Works) 17 The site shall comply with SH 66 Planning and Environmental Linkage Study "PEL" (Department of Public Works) RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 8 18 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Department of Public Works) 19 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Department of Public Works) 20 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) 21 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 22 Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 23 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) 24 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) 25 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debns, 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) 26 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) 27 Adequate dunking, hand washing and toilet facilities shall be provided for employees, at all times 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 public view (Department of Public Health and Environment) 28 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) 29 Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning Services) 30 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) 31 Building 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 Building 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 Building Inspection) RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 9 32 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) 33 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) 34 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) 35 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) 36 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 37 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 38 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 person 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 39 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 RESOLUTION USR20-0022 151 DEVELOPMENT GROUP, LLC PAGE 10 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, 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 agncultural producers to utilize an accumulation of agncultural machinery and supplies to assist in their agncultural operations A concentration of miscellaneous agncultural 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 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 arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood i PC, MWoks cgb/04_\ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 2, 2021 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: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch. Skip Holland, Butch White. Absent: Dwaine Barclay, Sam Gluck, Troy Mellon. Also Present: Chris Gathman. Department of Planning Services: Lauren Light, Department of Health; Zack Roberson, Department of Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion: Approve the January 19, 2021 Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Gene Stille. Motion passed unanimously. CASE NUMBER: USR20-0022 APPLICANT 151 DEVELOPMENT GROUP, LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE STORAGE OF OIL FIELD SUPPORT EQUIPMENT. VEHICLES AND SUPPLIES) AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 20 CARGO CONTAINERS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART SW4 SECTION 19, T3N. R68W OF THE 6TH P M.. WELD COUNTY. COLORADO. LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 66 AND EAST OF AND ADJACENT TO CR 1. Chris Gathman, Planning Services, presented Case USR20-0022, reading the recommendation and comments into the record. Mr. Gathman explained this application was submitted in response to a zoning violation initiated under case # ZCV20-00100 due to the addition of a commercial business without obtaining the appropriate land use permits and presence of a manufactured structure without permits. No other structures are proposed. The application was initiated due to storage of oil and gas equipment from a tenant who moved from a revoked USR site off of State Highway 85. USR12-0019 was revoked as storage of this oil and gas equipment was not a permitted use. Staff received a phone call from one surrounding property owner expressing concern that oil and gas equipment continues to be brought into the site and the proximity of the storage area to neighboring properties. Staff said the applicant has been working with the neighbor to mitigate any issues. He is in the process of installing a section of fence to screen the facility from this neighbor. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Staff stated that the Town of Mead in their referral response dated September 11, 2020 indicated no conflict with their interests, however (after discussing with the Department of Planning Services) the Town of Mead provided an updated referral response dated December 11, 2020 stating that the proposed use does not comply with their Comprehensive Plan future land use designations. Staff noted that the Town of Mead stated in their e-mail attachment dated December 11, 2020 that they had no intentions to annex or seek to annex the property at this time. No other comments were provided from the Town of Mead. Staff indicated that the proposed use will only occupy a portion of the property (largely around areas disturbed by existing oil and gas production and staging areas) and will be located approximately 500-600 feet north of the County Road 1/State Highway 66 intersection. Traffic associated with the facility will be minimal and conditions of approval and development standards (requiring the facility to be screened from all sides) will assist in ensuring compatibility with future development should it occur on this site or adjacent sites. Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Commissioner Cope asked staff if the access permit to the property is from County Road 1 Staff responded that it is Mr Roberson explained the access permit for County Road 1 is through the County He said that CDOT is handling the access permit for Highway 66 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan David Lee, 151 Highway 66, Longmont, Colorado Mr Lee stated that they are trying to utilize the land that can't be farmed on their property and store equipment Commissioner Cope asked Mr Lee if the property to the West was in Boulder County Mr Lee replied that it is Commissioner Stifle asked the applicant if the majonty of equipment stored on site will be tanks and cargo containers Mr Lee said there are not any cargo containers currently on the property, but he would like to add some for future use for the purpose of screening Commissioner Stile asked if the applicant plans on stacking the cargo containers Mr Lee said they do not Commissioner Stifle asked if the oil tanks will be stored vertical or honzontal Mr Lee replied that they will be stored honzontally 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 USR20-0022 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 Tom Cope, Seconded by Lonnie Ford The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 1 05 pm Respectfully submitted, wcee, o' u>a2e- Michelle Wall Secretary ATTENDANCE RECORD reMr&cax2/221-) Z02/ J pith feif� C'ory,m,ssl�- iVAlNtE - PLEASE PRINT LEGIBLY ADDRESS EMAIL -- . John Doe 123 Nowhere Street, City, State, Zip '' ii ` ei Pici, Le/144... Clore., OCretsfreNster, � IA/ 7 ✓Ls _ r r_ A lj 15 C S A ei" -- C v //tiny �e giber red I , Ze_e / 40 l C40 e ref) f 1 ■ I I.« .. r 1 IOC MitMAO. i0 iq Jxa% SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 19, 2021 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: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck. Skip Holland, Tom Cope, Troy Mellon. Also Present. Chris Gathman and Michael Hall, 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. CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION USR20-0022 151 DEVELOPMENT GROUP LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE STORAGE OF OIL FIELD SUPPORT EQUIPMENT, VEHICLES AND SUPPLIES) AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 20 CARGO CONTAINERS) IN THE A (AGRICULTURAL) ZONE DISTRICT PART SW4 SECTION 19, T3N; R68W OF THE 6TH P.M. WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO STATE HIGHWAY 66 AND EAST OF AND ADJACENT TO CR 1. Chris Gathman, Planning Services, stated that the applicant is requesting one more continuance to the February 2nd Planning Commission hearing. He added that they are currently in the process of working with a neighboring property owner in regard to the installation of screening. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue USR20-0022 to the February 2, 2021 Planning Commission Hearing, Moved by Gene Stille, Seconded by Butch White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Butch White, Dwaine Barclay. Elijah Hatch. Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon. Meeting adjourned at 1:16 pm. Respectfully submitted. al<NM-1/1(--- 1794It Kristine Ranslem Secretary 1 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe _� 123 Nowhere Street, City, State, Zip -it 5(7 eP la.4-46....4,...4 .i" /23/ Cie C We /7 C " &//eVeleili-e 4.- i r -> c - AIL "r Iiii r .� 3r C b e6 it ritiC f itittel ttci 444 C‘eit frec liztil,ili . be t gip r314 00 3Ce) 1 c CO v Cj c -. /2a,,,*(7 ! 242 ( /O2 ! 3,2 \/\J 49,-ttife/ 1• - ` O I e f / Cc)��/:la et •licif V �.� CC/'� _I�V'`1 a � c rebus 2iej ,. ,Icift_ t 1n i.�;..._.- Sr.��PiaHiLa:/ l Y9C t stic lam. ,� -c - pg&r,} biltded4a) a y)✓ Co S3 7 sexi+t_ ilti AS' La AA coo , , , eotio RA. Cid- 61/Littai ' ( , ct1-t CO 00 23 Foti coPi io co act Z r USK)/v! LS S I1)Salk-IGEl->L j jfdr,,, C1/ a) `Igo c-2 23 Pr-les LtC,- e ptcv%- -t -z i zl _ , , , - It , , PC VAinut1t5 la i is la)ao 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. CASE NUMBER: USR20-0022 APPLICANT 151 DEVELOPMENT GROUP. LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE STORAGE OF OIL FIELD SUPPORT EQUIPMENT, VEHICLES AND SUPPLIES) AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 20 CARGO CONTAINERS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: PART SW4 SECTION 19, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION NORTH OF AND ADJACENT TO STATE HIGHWAY 66 AND EAST OF AND ADJACENT TO CR 1. Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the January 1991 Planning Commission hearing. The applicants are proposing to reduce the overall size/footprint so that a better plan will work for the surrounding landowners. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue USR20-0022 to the January 19t1 Planning Commission hearing, Moved by Butch White, Seconded by Skip Holland. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Butch White, Elijah Hatch, Lonnie Ford, Skip Holland, Tom Cope. Meeting adjourned at 2:22 pm. Respectfully submitted; A13\266 4f1916 Kristine Ranslem Secretary 1 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip /-)/ Ati /I Z ef / 1 ie /Oil! �7KO 11/)°g 6Z/61 r Lv L ' le l Y ! / �J / / ' LA 7 - ,_ 1 NiCir) d e � , iv. 5 z> ._ ,„,.,/ ..J CI, ji ��cJ /ter �. cL he C �- In"f C �[..' `t l�l 41 /) c r1 S c: , `., ANDt=4)c-v 1,Q�s414CJ SjLc,-5 * c p _ 1 `f (t o C bl S1 G v c •z L c%1 L v ..T 06 3 1 c�\- P A„AectITX>43-? lOr .. .fr . t E.:- r(- ?O J -\C1 IA \ki _ k\CU:\m\C ./111,9° ceE'.1 DAM (t2. A-LOILJ zo 1/44a ci C. 09-k Acta rata C,STZLS IS?.._ 3 3 _ �� rel. der, Id Q hpri )(6 • a. Hello