HomeMy WebLinkAbout20194346.tiff EXHIBIT
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BEFORE THE WELD COUNTY. COLORADO . PLANNING COMMISSION US (9 - 0053
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. 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- USR19-0053
APPLICANT' PATRICIA NASH
PLANNER ANGELA SNYDER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
MORE THAN THREE (3) SEMI-TRAILERS USED AS PERSONAL STORAGE
UNITS AND A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE .
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL VEHICLE PARKING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION W2NW4 SECTION 26. T2N . R66W OF THE 6TH P.M. . WELD COUNTY.
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 18; EAST OF AND ADJACENT TO PATRICK
STREET
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 22-2-20. G.A. Goal 7. County land use regulations should protect the individual
property owner's right to request a land use change.
If impacts can be mitigated and the proposal is compatible with the area, staff supports the
property owner's right to request a land use change.
Section 22-2-2OG. 2 A. Policy 7. 2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be compatible with the region.
The property is large. eighty (80) acres. and . with adequate screening , can be compatible
with the region.
Section 22-2-20. 1. 5. A. Policy 9. 5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with those affected by the
proposed land use change through the referral process.
Anadarko Petroleum Corporation . a subsidiary of Occidental Petroleum Corporation. in an
email dated August 22. 2019, expressed concern that their easement had been impeded
upon. Staff will ensure that the site plan show that neither traffic flow nor parking and storing
is within the easement. Staff will also visually inspect the easement prior to recording the plat.
Section 22-2-80. F. 2. I. Policy 6. 2. 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 1 .B to
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 2
separate the commercial parking and storage from adjacent properties and rights-of-way.
Section 22-2-80. F4. 1.Policy 6. 4. Ensure that industrial properties are free of derelict vehicles,
refuse. litter and other unsightly materials.
Condition of Approval 1 .A addresses the noncommercial junkyard on site and requires that it
be screened prior to recording the plat.
Section 22-2- 100. E. C. Goal 5. Minimize the incompatibilities that occur between commercial
uses and surrounding properties.
Conditions of Approval 1 .A and 1 . B and Development Standards 8, 24. and 28 will
adequately mitigate the concerns of adjacent property owners and mineral interests.
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.
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 . . . The A (Agricultural) Zone District is also intended to provide areas for the
conduct of USES by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right. The A (Agricultural) Zone
District regulations are established to promote the health. safety and general welfare of the
present and future residents of the County.
The parking of more than two trucks or using more than two semi-trailers for storage requires
a Use by Special Review so that potential impacts can be mitigated.
Section 23-3-40. W. Oil and Gas Support and Service.
The business supports the oil and gas industry in Weld County. providing vehicles for the
delivery of products for production well pads and infrastructure.
Section 23-3-40. FF More than the number of semi-trailers as accessory storage allowed by
right or by permit.
According to Section 23-3-30. F . lots in the A (Agricultural) Zone District outside of
subdivisions and historic townsites are allowed up to two (2) semi-trailers used as accessory
storage per legal lot. The applicant has three (3) semi-trailers used as accessory storage and
therefore requires a Use by Special Review Permit.
Former Code Section Section 23-3-40. S. Any use permitted as a Use by Right, an
ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions.
PUD development proposals shall not be permitted to use the special review permit process
to develop.
The commercial vehicles are not specifically oil and gas support and service and therefore
Planning Staff determined that this code
C . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 3
The property is adjacent to the second and third filings of Aristocrat Ranchettes subdivision
and several residences. The Department of Planning Services sent notice to fifty-five (55)
Surrounding Property Owners. Staff received correspondence from two (2) surrounding
property owners. One letter objected to the presence of a junkyard and the concerns
regarding increased scrap and unused vehicles to be stored onsite and blowing debris.
Anadarko Petroleum Corporation . a subsidiary of Occidental Petroleum Corporation. owns
adjacent property and operates oil and gas facilities on the east side of the property and
expressed concern that an easement had been impeded upon. Staff will ensure that the site
plan traffic flow or parking and storing is not within the easement.
There are thirty-three (33) USRs within one mile of the site ten (10) kennels, three (3) oil and
gas facilities. three (3) greater than 12" natural gas pipelines, a turkey farm, a livestock
confinement operation , two (2) accessory structures over four percent (4%). an auction site.
two (2) auto repair facilities, commercial truck parking, a beauty salon, a communication
P P g
tower. a public utility. a concrete business. and three (3) transmission lines with a substation.
Conditions of Approval 1 . B and 1 .C require that the applicant submit a Landscape and
Screening Plan and an Improvements and Road Maintenance Agreement. 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 .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 Coordinated Planning
Agreement (CPA) area of the City of Fort Lupton, which returned a response indicating no
concerns and no desire to annex the property.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23. Articles V and Xl . of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area,
MS4 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 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 entirely located lands designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map therefore no prime soils are
affected by this proposal .
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.
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 4
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. The noncommercial junkyard shall be removed from any pipeline easements and screened
from public rights-of-way and adjacent properties. (Department of Planning Services)
B. The applicant shall submit a Landscape and Screening Plan that screens the parking and
storage area from the Surrounding Property Owners and rights-of-way. (Department of
Planning Services)
C. An Improvements and Road Maintenance Agreement is required for off-site improvements at
this location . Road maintenance includes but is not limited to damage repair to specified haul
routes and future improvement triggers. (Department of Public Works)
D. The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR19-0053 (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 map shall delineate the screened commercial vehicle parking area. employee
parking area and location of storage trailers. (Department of Planning Services)
5. The map shall delineate the landscaping and/or screening in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7. 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)
8. County Road 18 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the 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)
9. 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 construction. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11 . 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)
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 5
12 . Show and label the drainage flow arrows. (Department of Public Works)
13. 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 plat 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 April 30. 2012, should the plat
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 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 Lonnie Ford .
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's for further proceedings.
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 6
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 17, 2019.
Dated the 17th of September, 2019
Kristine Ranslem
Secretary
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Patricia Nash
USR19-0053
1 . A Site Specific Development Plan and Use by Special Review, USR19-00053 for more than three (3)
semi-trailers used as personal storage units and any Use Permitted as a Use by Right, an Accessory Use.
or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial vehicle parking)
provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
(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 5: 30 a.m . to 7: 00 p. m . . Monday — Sunday. as stated in the application
materials. (Department of Planning Services)
4. The number of employees shall be up to ten (10) as stated in the application materials. (Department of
Planning Services)
5. The number of commercial vehicles shall be up to ten ( 10) as stated in the application materials.
(Department of Planning Services)
6. The number of semi-trailers used for accessory storage shall be up to three (3) as stated in the application
materials. (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 proposed landscaping and screening of the parking and storage areas shall be maintained in
accordance with the approved Landscape and Screening Plan. (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 rights-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 Improvements
Agreement. (Department of Public Works)
14. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 8
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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, Section 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. The accepted dust and waste
management plan shall be adhered to. (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 Waste Water Treatment System located on the property must comply with all provisions of the
Weld County Code. pertaining to On-site Wastewater Treatment Systems. (Department of Public Health
and Environment)
22. Adequate drinking. hand washing . and toilet facilities shall be provided for employees and patrons of the
facility. at all times. A permanent. adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
23. For employees or contractors on site for less than 2 consecutive hours a day. and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County. contain hand sanitizers and be screened from existing adjacent residential
properties and public rights-of-way. (Department of Public Health and Environment)
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 may 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 has 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 Services)
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)
RESOLTUION USR19-0053
PATRICIA NASH
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 with notice to
the property owner 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 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)
30. 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)
31 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County of the has some 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 states 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.
32. 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:
h in legal hazing of nuisance i if s oot g sports. a g wildlife;e, and the use of pesticides and fertilizers in the fields.
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3. 5-102 . C.R. S. . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been . and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
RESOLTUION USR19-0053
PATRICIA NASH
PAGE 10
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
b
s
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING gl9 —CO53
Tuesday. September 17. 2019
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.
Michael Wailes. at 12: 30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch . Lonnie Ford . Michael Wailes, Richard Beck.
Absent/Excused : Skip Holland . Gene Stille, Tom Cope.
Also Present Diana Aungst and Angela Snyder, Department of Planning Services: Lauren Light,
Department of Health : Hayley Balzano and Mike McRoberts . Public Works: Bob Choate. County Attorney.
and Kris Ranslem. Secretary.
CASE NUMBER. USR19-0053
APPLICANT PATRICIA NASH
PLANNER: ANGELA SNYDER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
MORE THAN THREE (3) SEMI-TRAILERS USED AS PERSONAL STORAGE
UNITS AND A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL VEHICLE PARKING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION W2NW4 SECTION 26. T2N R66W OF THE 6TH P. M. , WELD COUNTY.
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 18. EAST OF AND ADJACENT TO
PATRICK STREET.
Angela Snyder. Planning Services, presented Case USR19-0053. reading the recommendation and
comments into the record . Ms. Snyder noted that two (2) letters were received from surrounding property
owners outlining concerns of the presence of a junkyard. increased scrap and unused vehicles being stored
on site, and blowing debris. Additionally, a letter was received from Anadarko Petroleum Corporation which
owns adjacent property to the east and operates an oil and gas facility. The letter expressed concern that
an easement had been impeded upon. Ms. Snyder showed on a visual slide where the applicant is
proposing a berm on the west side of the trucking parking area to block the view from the adjacent
landowners to the west. Additionally. the applicants plan to screen the area of the noncommercial junkyard.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic. access to the site and drainage conditions
for the site. She added that Staff is requesting a Road Maintenance and Improvements Agreement.
Lauren Light, Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control. and the Waste Handling Plan . Ms. Light requested deleting the last sentence in Development
Standard 18 as a dust and waste management plan was not submitted with the application.
Patricia Nash . 16136 CR 18, Ft. Lupton , Colorado, introduced her brother, Michael Nash , who lives on the
property. Michael Nash said that they will have truck parking and haul gravel for the oil companies.
Commissioner Wailes asked how many tractors are operating from the property. Mr. Nash said that there
are three (3) tractors but they are currently not operating as he is recovering from back surgery.
1
Commissioner Johnson asked how the rest of the property is used. Mr. Nash said that they run cattle on
the remaining portion of the property.
Commissioner Holland asked if they store any material on site. Mr. Nash said that they do not intend to
store materials on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff is there were any additional changes to the Resolution. Ms. Light referred to her
request of deleting the last sentence in Development Standard 18.
Motion : Delete the last sentence in Development Standard 18. Moved by Elijah Hatch. Seconded by
Skip Holland. Motion carried 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. Ms. Nash referred to Condition of Approval
1 regarding the noncommercial junkyard shall be removed from any pipeline easements and added that it
is an abandoned well. Mr. Nash referred to Condition of Approval 1 . D. 10 relating to tracking control and
added that they are not bringing anything off of the county roads into their property.
Ms. Snyder referred to the letter from Anadarko and added that it indicates that the pipeline easement is
on the east side of the applicant's property. Ms. Nash said that their vehicles will all be concentrated in the
middle of the property and not on the east side of the property. Ms. Snyder preferred to leave the condition
of approval as is and added that it could be met by a note from Anadarko stating that the applicant doesn't
have anything impeding their easement. The Chair agreed and encouraged the applicants to contact
Anadarko prior to the Board of County Commissioner hearing .
Ms. Balzano clarified that the tracking control is to prevent any mud from being tracked onto the County
Road from this site. Mr. Nash said that the current road on the property is all road based . Ms. Balzano
said that this will meet the tracking control requirements and added that she preferred it remained in the
resolution that it just needs to be shown on the map.
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.
Motion : Forward Case USR19-0053 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 Bruce Johnson . Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Elijah Hatch. Lonnie Ford, Michael Wades, Richard Beck. Skip Holland.
Meeting adjourned at 1 :41 pm.
Respectfully submitted.
_A&A21-.1/ t'_, r" X-tI`lrVL n-L.
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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