HomeMy WebLinkAbout20203409.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION ,,` ` 1
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 : USR20-0017
APPLICANT : TEN SLEEP INVESTMENT GROUP , LLC
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (THE PARKING .
STAGING AND STORAGE OF EQUIPMENT : SCRAPERS . DOZERS , ROAD
GRADERS , COMPANY VEHICLES , SEMI -TRUCKS , AND ANCILLARY
EQUIPMENT FOR PRODUCTION UNIT SET UP (OIL AND GAS WELL PAD SET-
UP ) AND MAINTENANCE ) ; A ROUSTABOUT; FOUR (4 ) CARGO ( CONEX)
CONTAINERS ; AND THREE (3 ) 40-FOOT BY 60-FOOT STORAGE AND
MAINTENANCE SHOPS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-683 , PART NE4NE4 SECTION 3 . T4N . R64W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 400 FEET WEST
OFCR57 .
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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows :
A. Section 23-2-220 . A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect .
Section 22- 2-20. G - A . Goal 7 states "County land use regulations should protect the individual
property owner's right to request land use change. "
The application is proposing to utilize a portion of a -22-acre parcel to locate their equipment and
storage yard . Specifically , this site will be used for the parking , staging and storage of equipment
like scrapers , dozers , road graders , company vehicles , semi-trucks , and ancillary equipment for
production unit set up ( oil and gas well pad set- up) and maintenance . The applicant also stated
that there will be four (4) cargo ( conex) containers . There will be three ( 3 ) 40 ' x60 ' pole barn style
storage and maintenance shops constructed as needed . The existing house will be used as a
caretaker residence .
Section 22-4- 70. A - N. Goall . states "Minimize the impact of noise on County residents. "
The pole barns are being constructed for shops and maintenance of equipment and trucks . Weld
County Department of Public health and Environment has set a Residential Zone noise limit for
this facility that will be measured at 25-feet from the property line to ensure compatibility with
adjacent and area property owners .
Section 22- 2- 80. F. 2. - 1. Policy 6. 2. states "Support the use of visual and sound barrier
landscaping to screen open storage areas from residential uses or public roads.
A Landscape and Screening Plan has been requested as a Condition of Approval to separate the
business from adjacent properties and rights-of-way .
The proposed use is in an area that can support this development , as the required 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 .
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 2
B Section 23-2-220 A 2 --The proposed use is consistent with the intent of the A (Agricultural)
Zone District
Weld County Code,Chapter 23,Article Ill,Division 1,Section 23-3-40 C allows for more than the
number of cargo containers allowed by Section 23-3-30, and
Section 23-3-40 W allows for Oil and Gas Support and Service, including parking and
maintenance of exploration, production or workover equipment, storage yards for road and
pipeline construction contractors, and production unit set-up
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
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 three residences
within 500 feet of the site The closest residence is about 90 feet east of the eastern property
line
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners Planning staff received one letter dated September 29, 2020,with concerns
about views,noise,safety,traffic,and property values The letter was forwarded to the applicant
for review and response No response had been received prior to the Planning Commission
hearing
There are five (5) USRs within one mile of the site USR13-0064 for a 16-inch natural gas line
and USR15-0064 for agricultural services are located north of the site USR12-0054 for parking,
staging and maintenance of oil and gas water service trucks and USR17-0076 for agricultural
and horticultural services are located west of the site USR18-0031 for semi-truck parking is
located east of the site
Based on referral agency responses, the proposed use is in an area that can support this
development The Conditions of Approval require that the applicant submit a Lighting Plan, a
Road Maintenance Agreement,and a Landscape/Screening Plan The Development Standards
and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A4 -- 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 also located within the Coordinated Planning Agreement(CPA) boundary and three
(3)mile referral area for the Town of Kersey As part of the pre-application process,the Town of
Kersey was notified of the proposal by Planning staff and was provided Notice of Inquiry forms by
the applicant The Town of Kersey returned a Notice of Inquiry form dated July 9, 2020,which
stated, "Please make sure there is appropriate screening for any outdoor storage" No further
referral response was received from the Town of Kersey
Even though the CPA of the Town of Kersey extends to County Road 48 the Kersey
Comprehensive Plan shows the Kersey Influence Area extending only to County Road 50
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 3
Therefore,the Future Land Use Map for the Town of Kersey does not delineate future uses for
the subject property
E Section 23-2-220 A 5--The application complies with Chapter 23,Articles V and XI,of the Weld
County Code
The site is not located within any overlay district officially adopted by the County, including A-P
(Airport) Overlay District, Geologic Hazard Overlay District, MS4- Municipal Separate Storm
Sewer System area, Special Flood Hazard Area, or Historic Townsite 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 soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map This site has historically been
used as residential and to grow hay and other agricultural uses This USR will take approximately
five(5) acres of Prime(Irrigated) Farmland out of production The remainder of the property is
going to continue in agricultural production
G Section 23-2-220 A 7—There is adequate provisions for the protection of the health,safety,and
welfare of the inhabitants of the neighborhood and County
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section 23-
2-250,Weld County Code),Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health,safety,and welfare of the inhabitants
of the neighborhood and County
This 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 Department of Planning Services'staff recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Lighting Plan shall be submitted to and approved by the Department of Planning Services
(Department of Planning Services)
B A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights-of-way
(Department of Planning Services)
C 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)
D 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)
E An On-Site Wastewater Treatment System (OWTS) is required for the main shop and shall be
designed and installed according to the Weld County On-Site Wastewater Treatment System
(OWTS) regulations The OWTS is required to be designed by a Colorado Registered
Professional Engineer (Department of Public Health and Environment)
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 4
F The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0017 (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 landscaping and screening in accordance with the approved
Landscape and Screening Plan (Department of Planning Services)
6 The map shall delineate the onsite lighting in accordance with the approved Lighting Plan
(Department of Planning Services)
7 The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services)
8 All signs shall be shown on the map and 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)
9 County Road 50 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 buildout
The applicant shall delineate and label on the site map or plat the future and existing nght-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)
10 Show and label the approved access location, approved access width and the appropriate
turning radii on the site plan The applicant must obtain an access permit in the approved
location prior to construction (Department of Public Works)
11 Show and label the approved tracking control on the site plan (Department of Public Works)
12 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)
13 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)
14 Show and label the drainage flow arrows (Department of Public Works)
15 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
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
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 5
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 April 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 period (Department of Planning Services)
4 Prior 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 Dwaine Barclay
VOTE
For Passage Against Passage Absent
Tom Cope
Gene Stile
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
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 USR20-0017
TEN SLEEP INVESTMENT 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 November 3, 2020
Dated the 3rd of November, 2020
Michelle Wall
Secretary
I
I
I
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ten Sleep Investment Group, LLC c/o Richard Miller
USR20-001 7
1 A Site Specific Development Plan and Special Review Permit, USR20-0017,for Oil and Gas Support and
Service (the parking, staging and storage of equipment scrapers, dozers, road graders, company
vehicles,semi-trucks,and ancillary equipment for production unit set up(oil and gas well pad set-up)and
maintenance), a Roustabout, four (4) cargo (conex) containers, and three (3) 40'x60' storage and
maintenance shops outside of subdivisions and historic townsites in the A(Agricultural) Zone District,
subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 The hours of operation are 6 00 a m —5 00 p m Monday—Friday (Department of Planning Services)
4 The number of on-site employees shall be up to four (4), as stated in the application materials
(Department of Planning Services)
5 The existing and proposed parking area on the site shall be maintained (Department of Planning
Services)
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 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 materials shall be replaced with materials of similar quantity and quality at
the earliest possible time (Department of Planning Services)
8 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)
9 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)
10 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
11 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)
12 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
13 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)
14 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
15 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
RESOLUTION USR20-0017
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PAGE 8
16 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)
17 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)
18 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 (Department of Public Health and
Environment)
19 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)
20 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)
21 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 drinking and sanitary purposes (Department of Public Health and
Environment)
22 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(HAPs)and volatile organic compounds(VOCs) All
chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers'
recommendations (Department of Public Health and Environment)
23 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 (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,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)
26 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 prior to the start of construction (Department of Building 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)
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)
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 9
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 written request by the landowner
32 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
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 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
34 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, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
RESOLUTION USR20-0017
TEN SLEEP INVESTMENT GROUP, LLC
PAGE 10
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas,in many cases,will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
PL k\ike
k ( -3 1 Zp-w SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING � _ 1
Tuesday , November 3 , 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 0 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 , Dwaine Barclay , Sam Gluck ,
Butch White , Troy Mellon .
Also Present : Diana Aungst , Angela Snyder, Maxwell Nader, and Tom Parka , Department of Planning
Services ; Lauren Light , Department of Health ; Mike McRoberts and Melissa King , Department of Public
Works ; Bob Choate , County Attorney , and Michelle Wall , Secretary .
CASE NUMBER : USR20-0017
APPLICANT: TEN SLEEP INVESTMENT GROUP , LLC
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (THE PARKING .
STAGING AND STORAGE OF EQUIPMENT : SCRAPERS . DOZERS , ROAD
GRADERS , COMPANY VEHICLES , SEMI -TRUCKS , AND ANCILLARY
EQUIPMENT FOR PRODUCTION UNIT SET UP ( OIL AND GAS WELL PAD SET-
UP ) AND MAINTENANCE ) ; A ROUSTABOUT : FOUR (4 ) CARGO ( CONEX )
CONTAINERS ; AND THREE ( 3 ) 40-FOOT BY 60-FOOT STORAGE AND
MAINTENANCE SHOPS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-683 , PART NE4NE4 SECTION 3 , T4N , R64W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 400 FEET
WEST OF CR 57 .
Diana Aungst , Planning Services , presented Case USR20- 0017 , reading the recommendation and
comments into the record . Staff received one letter from a surrounding property owner , dated September
29 , 2020 , expressing concern with views , noise , safety , traffic and property values . The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Commissioner Ford asked staff if there was enough room for a semi-truck to make a righthand turn onto
the property . He said he noticed there is currently a fence there and is concerned there is not enough
radius . Staff responded that the applicant will need to build the access wide enough to be able to manage
the types of vehicles that will be using it.
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on- site
dust control , and the Waste Handling Plan .
Rick Miller, 27808 County Road 50 , Kersey , Colorado . Mr . Miller stated that he resides on the property .
He said his business is a smaller oil and gas service company that builds pads for wells . Mr . Miller said
they are looking for a place outside of the City to park their equipment . They have an office in Greeley that
they plan to keep . Mr. Miller said they have a shop in Greeley that they may or may not keep depending
on how busy they are . He said most of their equipment is out on job sites most of the time .
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 USR20-0017 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 Dwaine Barclay
Vote Motion carried by unanimous roll call vote(summary Yes= 9)
Yes Butch White, Dwaine Barclay, Elijah Hatch, Gene Stile, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope,Troy Mellon
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 2 06 pm
Respectfully submitted,
u U—
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
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C, VAIAAAALS
106 12.32O SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , October 6 , 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: Gene Stille , Tom Cope , Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay , Sam Gluck ,
Butch White .
Absent : Troy Mellon .
Also Present : Kim Ogle , and Diana Aungst , Department of Planning Services ; Lauren Light , Department
of Health ; Melissa King , and Zack Roberson , Department of Public Works ; Bob Choate , County Attorney ,
and Michelle Wall , Secretary .
CASE NUMBER : USR20-0017
APPLICANT: TEN SLEEP INVESTMENT GROUP , LLC
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (THE PARKING ,
STAGING AND STORAGE OF EQUIPMENT : SCRAPERS , DOZERS , ROAD
GRADERS , COMPANY VEHICLES , SEMI -TRUCKS , AND ANCILLARY
EQUIPMENT FOR PRODUCTION UNIT SET UP (OIL AND GAS WELL PAD SET-
UP ) AND MAINTENANCE ) ; A ROUSTABOUT ; FOUR (4 ) CARGO (CONEX)
CONTAINERS ; AND THREE (3 ) 40-FOOT BY 60-FOOT STORAGE AND
MAINTENANCE SHOPS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-683 , PART NE4NE4 SECTION 3 , T4N , R64W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 400 FEET
WEST OF CR 57 .
Diana Aungst, Planning Services , stated that the applicant is requesting a continuance to the November 3 ,
2020 Planning Commission hearing because they did not meet the 30-day mineral owner notification
deadline that is required . Staff is in agreement and encourages the Planning Commission to continue the
case .
Motion : Continue Case USR20- 0017 to the November 3 , 2020 Planning Commission Hearing , Moved by
Skip Holland , Seconded by Sam Gluck .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 8) .
Yes : Butch White , Dwaine Barclay , Elijah Hatch , Gene Stille , Lonnie Ford , Sam Gluck , Skip Holland , Tom
Cope .
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 12 : 50 pm .
Respectfully submitted ,
4neentlief of Witte--
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY (ADDRESS EMAIL •
John Doe � 123 Nowhere Street, City, State, Zip
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