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Home My WebLink About20191910BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Elijah Hatch, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT PLANNER. REQUEST: LEGAL DESCRIPTION LOCATION U S R 18-0126 CLIFF SIMPSON KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE INCLUDING LOCATION AND OPERATION BASES FOR BUSINESSES WHOSE PRIMARY ACTIVITY INCLUDES THE FOLLOWING KINDS OF USES: PARKING AND MAINTENANCE OF EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT, EQUIPMENT AND STORAGE YARDS FOR ROAD AND PIPELINE CONSTRUCTION CONTRACTORS. AND PRODUCTION UNIT SET-UP AND MAINTENANCE CONTRACTORS. PARKING AND MAINTENANCE FOR TANK AND WATER SERVICE COMPANIES, STORAGE AND RENTAL YARDS FOR PIPE AND PRODUCTION EQUIPMENT: FIELD OFFICES USED BY PRODUCTION -RELATED RECORDS AND MAINTENANCE PERSONNEL: AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL. ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FERTILIZER STORAGE, MIXING. BLENDING AND SALES; ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS. (PARKING STORAGE AND STAGING OF COMMERCIAL VEHICLES, GENERAL CONTRACTOR. STORAGE. MAINTENANCE, REPAIR OF CONSTRUCTION PRODUCTS AND EQUIPMENT SALES AND WELDING OPERATIONS), ANY USE OF A RESEARCH, REPAIRING. MANUFACTURING. FABRICATING, PROCESSING. ASSEMBLING OR STORAGE NATURE MAY BE CONDUCTED OUTSIDE OF AN ENCLOSED BUILDING. PROVIDED THAT THE USE AND/OR OPERATIONS OF THE USE ARE SCREENED FROM ADJACENT PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES, AREAS FOR PARKING VEHICLES OR EQUIPMENT, SO LONG AS SUCH PARKING AREAS ARE SCREENED FROM THE ADJACENT PUBLIC RIGHTS -OF -WAY AND ON ADJACENT PROPERTIES, OUTDOOR STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES 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 AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL IN THE A (AGRICULTURAL) ZONE DISTRICT S2NW4 SECTION 26. T8N, R65W OF THE 6TH P.M., WELD COUNTY. COLORADO. EAST OF AND ADJACENT TO CR 45 APPROXIMATELY 0.25 MILES SOUTH OF CR 90. 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. Chapter 22, Article II, Section 22-2-20.B.2 A.Policy 2.2. states "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture. to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 2 The applicant proposes to utilize up to 3.5 acres of the entire 80 +/- acre parcel for his business. including activities associated with an agricultural services establishment, the sale of agricultural seed. The remaining lands will continue to be utilized for agricultural activities including the Simpson family home. Development of the parcel is restricted to lands lying west of the Owl Creek floodplain that serves to separate the activities on site from adjacent neighbors to the east. Lands near and within the floodplain are designated as "Other Lands" whereas the remaining 68.5 acres not associated with the business are "Prime if they become Irrigated" per the 1979 Important Farmlands of Weld County map. Chapter 22. Article II, 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 property owner is proposing to utilize his 80+/- acre parcel for the family home and utilizing a small area adjacent to County Road 45 for the base of operations for his business. This business provides oil and gas support and service for northern and eastern Weld County mineral development; storage of pipeline and processing equipment for oilfield development. parking storage and staging of commercial vehicles. and welding operations. all activities associated with the applicants diversified General Contracting business. Chapter 22, Article II. Section 22-2-20.G 2. A.Policy 7.2. states "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 not within the three-mile referral area for a municipality or a County. The nearest municipality is the Town of Ault, who defines their future land use plan out to County Road 39. Per their Comprehensive Plan, there is a one -mile agriculture buffer between the municipal limits and the future planning limits. Following this Planning model, should the Town expand their boundaries, there would be a minimum buffer of one -mile creating a buffer between the future growth of the Town and existing land use activities in the unincorporated areas. Chapter 22. Article II. Section 22-2-20. A.Goal 9 states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Per this recommendation. the attached Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the proposed facility on the adjacent properties and ensure compatibility with surrounding land uses and the greater community. Chapter 22. Article II, Section 22-2-80.F.2 (.Policy 6.2. states "Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads. As a condition of approval, the applicant is required to construct an opaque screen for all areas of outdoor storage, and all areas associated with the parking storage and staging of commercial vehicles from adjacent property owners and properties and all public rights -of -way. Chapter 22, Article II, Section 22-2-80.F.4 (.Policy 6.4. states "Ensure that industrial properties are free of derelict vehicles. refuse, litter and other unsightly materials. As a condition of approval, the applicant is required to maintain vehicles in an operational condition, with all vehicles, support trailers, and equipment to have current tags. Trash associated with the business is to be disposed of properly in a trash receptacle for disposal by a refuse service or recycled by an approved vendor. Fugitive dust created by operation of the facility is to be controlled on site and mitigated with a dust suppression treatment or water as required. RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 3 Chapter 22, Article IV, Section 22-4-70.A N.Goal1. states Minimize the impact of noise on County residents. Welding. fabrication, maintenance and repair of new and used equipment. vehicles, and special projects will be conducted within the existing metal skinned building. Weld County Department of Public health and Environment has set a 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. Chapter 22, Article V, Section 22-5-100.A. 2.OG.Policy 1.2. states "Oil and gas support facilities which do not rely on geology for locations should locate in commercial and industrial areas. when possible, and should be subject to review in accordance with the appropriate sections of this Code." A component of the applicant's business is to provide oil and gas support and service on a variety of fronts, from roust -a -bout services, to water hauling, to office space, et cetera. These uses are not required at a production well head site and are not reliant on geology. The business does rely on transportation infrastructure and general proximity to the oil field. The proposed location of the business affords the applicant and property owner the ability to maintain an agrarian lifestyle and provide for a base of operations for the business. The Public Works Department, in their referral dated February 11. 2019. requires the applicant to submit a signed Improvements Agreement and road maintenance agreement is required for the site. Road maintenance including dust control, damage repair. and triggers for improvements will be included. Based on referral agency responses. the proposed use is in an area that can support this development. The required facility screening, downcast shielded lighting implementing limiting transient light migration, including no derelict equipment and vehicles along with 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 greater area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code. Chapter 23. Article III, Division 1, Section 23-3-40.A.2 allows for Mineral resource development facilities including Oil and Gas Support and Service with the primary activity including the following kinds of uses: Parking and maintenance of exploration, production or workover equipment; Equipment and storage yards for road and pipeline construction contractors. and production unit set-up and maintenance contractors; Parking and maintenance for tank and water service companies; Storage and rental yards for pipe and production equipment: Field offices used by production -related records and maintenance personnel. Also. Section 23-3-40.B. for an Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Fertilizer storage. mixing. blending and sales. Also, Section 23-3-40.S for Any use permitted as a Use by Right. an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, (General Contractor, storage. maintenance, repair of construction products and equipment sales and welding operations; any use of a research. repairing. manufacturing, fabricating. processing. assembling or storage nature may be conducted outside of an enclosed building. provided that the use and/or operations of the use are screened from adjacent public rights -of -way and adjacent properties: areas for parking vehicles or equipment, so long as such parking areas are screened from the adjacent public rights -of -way and on adjacent properties; outdoor storage when screened from public rights -of -way and adjacent properties 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; and Section 23-3-40.BB - More than the number of cargo containers allowed as a use by right per legal lot or parcel RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 4 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 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. 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 production agriculture with center pivots and no residences to the west. two residences to the north on lands that are impacted by the Owl Creek floodplain and a single residence immediately adjacent to the south of the applicant's property line. Lands surrounding this residence are in dryland agriculture and there are two residences and several vacant Recorded Exemption parcels approximately one -quarter mile south the of the applicant's property. To the east is a rise in topography of approximately seventy feet in elevation to a single-family residence that overlooks the applicant's property and has good views of the front range. The closest residence is thirty-five feet from the applicant's south property line and approximately five hundred twenty (520) feet to the Simpson Residence and nine hundred twenty (920) feet to the metal skinned shed. Traffic originating from this property will head primarily north on County Road 45 an all-weather road to County Road 90 a paved road. A smaller amount of traffic will head to the south on County Road 45 to County Roads in the area and predominately gravel. There are four (4) USRs within one mile of the site. To the southwest there are three permits: SUP - 245 was permitted for a Hog Farm; SUP -145 was permitted for a 250 head Dairy and USR-1507 is permitted for a Child Care Center. for a Home Business for storage of construction materials) is located south of the site. To the east is CUP -49 for an Airstrip. The Weld County Department of Planning Services sent notice to four (4) Surrounding Property Owners on eight (8) parcels. Planning staff received no correspondence and three telephone calls from area residents some within 500 feet of the parent parcel boundary. The telephone calls addressed concerns about trucks idling, non-specific noise, safety, fire, aesthetic impact. impact from truck traffic and road conditions. The applicant's representative has been in contact with the Surrounding Property Owners through a letter sent to each property owner within 500 -feet of the property. The letter states the property has historically been utilized for agricultural purposes and a private residence and that the proposed land use permit will allow Mr. and Mrs. Simpson to run their business on the property. No other changes are proposed, except for installing a fence to screen parking and outdoor storage. The letter continues to describe the proposed business as storage, maintenance, repair, product and equipment sales, fertilizer storage, general contractor, welding operations, research and development of non- hazardous products, oil and gas equipment. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, a Noise Abatement Plan, a Lighting Plan, an Improvements Agreement (for roads and traffic patterns) 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.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 not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 5 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, the Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) Area. The property is within a Special Flood Hazard Area associated with Owl Creek. Development within this area will require a Flood Hazard Development Permit. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, 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 72 acres [Prime [Irrigated Farmlands of National Importance] and 7.93 acres of "Other Lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Planning staff finds no evidence that there is irrigation water associated with this parcel. therefore no Prime Farmlands have been taken out of 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall provide evidence to the Department of Planning Services that all commercial vehicles in a derelict or state of disrepair have been removed from the property. All non-commercial junkyard items located on the property are screened from all adjacent properties and public rights -of - way or have been removed from the property. (Department of Planning Services) B. The applicant shall submit a screening plan opaque screening of all outdoor storage, parking and staging areas. In accordance with Section 23-9-30. Section 23-2-240, Section 23-3-50 and Section 23-3-250 of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a facility lighting in accordance with Section 23-9-40 and Section 23-2-250 of the Weld County Code. Lighting needs to be downcast and shielded. (Department of Planning Services) D. The applicant shall submit a sign plan in accordance with Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. A 16SF sign is allowed in the Agricultural Zone District; however, if there are potentially any additional or larger signs please include those in the application and provide a rationale for the size and location of all signs associated with the proposed business. (Department of Planning Services) E. The applicant shall submit a Parking Plan for vendors, customers and/or employees, and include the parking area for the proposed outdoor storage. parking and staging of company vehicles and equipment, in accordance with Section 23-4-10. Section 23-4-30. Section 23-4-40 and Appendix 23-A of the Weld County Code. (Department of Planning Services) RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 6 F. 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. (Department of Public Works) G. A Commercial Building Permit application for a Change of Use permit will be required for the shop being used for the Business Operation. H. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Public Health and Environment) I. The USR Map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0126. (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 per Section 23-3-350.H of the Weld County Code. (Department of Planning Services) 5. The map shall delineate the opaque screening of all outdoor storage, parking and staging areas. In accordance with Section 23-9-30, Section 23-2-240, Section 23-3-50 and Section 23-3-250 of the Weld County Code. (Department of Planning Services) 6. The map shall delineate the facility lighting in accordance with Section 23-9-40 and Section 23-2- 250 of the Weld County Code. (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. The map shall delineate the parking area for the vendors, customers and/or employees. In accordance with Section 23-4-10. Section 23-4-30. Section 23-4-40 and Appendix 23-A of the Weld County Code. (Department of Planning Services) 9. County Road 45 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 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) 10. Show and label the approved access locations. approved access width and the appropriate turning radii (60 -feet) on the site plan. The applicant must obtain an access permit in the approved location(s) prior to recording the USR. (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 drainage flow arrows. (Department of Public Works) RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 7 14. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Public Works) 15. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services - Floodplain) 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 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 added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required. (Department of Public Works) B. A Code Analysis stamped by an Architect licensed in the State of Colorado shall be provided. along with a complete floor plan with accurate dimensions for all rooms and uses labeled for the entire structure. The applicant shall submit plans for Plumbing. Electrical. and Mechanical systems. Compliance with Energy Code (Corn -Check Reports) shall also be submitted along with Permit application. (Department of Building Inspection) C. The applicant shall submit As -Built Reports shall be submitted for work completed without building permits. (Department of Building Inspection) 5. Prior to the Certificate of Occupancy A. Proof of Fire District Notification shall be provided with Building Permit. and Fire District Approval will be required prior to Certificate of Occupancy. 6. Prior to Operation A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Public Health and Environment) B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator. the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) C. Accepted construction drawings and construction of the off site roadway improvements are required prior to operation. (Department of Public Works\ RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 8 7. The Use by Special Review 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 Tom Cope. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent 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. 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 April 2, 2019. Dated the 2nd of April, 2019 Michelle Wall Secretary RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cliff Simpson USR18-0126 1. A Site Specific Development Plan and Use by Special Review Permit for Mineral resource development facilities. Oil and Gas Support and Service including Location and operation bases for businesses whose primary activity includes the following kinds of uses: Parking and maintenance of exploration. production or workover equipment; Equipment and storage yards for road and pipeline construction contractors. and production unit set-up and maintenance contractors: Parking and maintenance for tank and water service companies; Storage and rental yards for pipe and production equipment; Field offices used by production - related records and maintenance personnel; Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including fertilizer storage, mixing. blending and sales; Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts. (Parking storage and staging of commercial vehicles, General Contractor, storage, maintenance, repair of construction products and equipment sales and welding operations); any use of a research, repairing, manufacturing. fabricating, processing, assembling or storage nature may be conducted outside of an enclosed building. provided that the use and/or operations of the use are screened from adjacent public rights -of -way and adjacent properties; areas for parking vehicles or equipment, so long as such parking areas are screened from the adjacent public rights -of -way and on adjacent properties; outdoor storage when screened from public rights -of -way and adjacent properties 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 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 7:30 a.m. - 5:00 p.m. Monday — Saturday, as stated in the application materials. (Department of Planning Services) 4. The number of on -site employees shall be twenty-four (24) as stated in the application materials. (Department of Planning Services) 5. The number of commercial vehicles is limited to two (2) Tandem trucks and sixteen (16) tractor trailers as stated in the application materials. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23. Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The screening on the site shall be maintained. (Department of Planning Services) 9. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 151h of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 10. 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) RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 10 11. Passenger vehicle trips to and from the site shall not exceed 48 round trips per day. Truck trips to and from the site shall not exceed 18 round trips per day. (Department of Public Works) 12. 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) 13. 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) 14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 15. 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) 16. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 17. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 20. 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) 21. 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) 22. 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) 23. 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) 24. The facility shall be operated and maintained in a manner to prevent nuisance conditions. (Department of Public Health and Environment) 25. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 26. 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) 27. All pesticides. fertilizer. and other potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface. and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 11 28. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 29. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Sewage disposal shall be by septic system. Any septic 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) 30. The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining to Fertilizers (8 CCR 1202-4). (Department of Public Health and Environment) 31. The facility shall comply with all provisions of the State Underground and Above Ground Fuel Storage Tank Regulations. (Department of Public Health and Environment) 32. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 33. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C-0950 dated January 20, 2016 (Owl Creek Floodplain). Any development shall comply with all applicable Weld County requirements. Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60. and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling. grading, paving, excavation. drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 34. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 35. 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 Inspection) 36. 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) 37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property with 24 -hours notice 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) 38. 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) RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 12 39. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 40. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 41. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Public Health and Environment) 42. 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. 43. 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 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, RESOLUTION USR18-0126 CLIFF SIMPSON PAGE 13 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. W\w\U3ces O4 IO2(20‘4 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. April 2, 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: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch. Skip Holland. Also Present: Kim Ogle. Chris Gathman, and Angela Snyder, Department of Planning Services; Lauren Light. Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. CASE NUMBER: APPLICANT: PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR18-0126 CLIFF SIMPSON KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE INCLUDING LOCATION AND OPERATION BASES FOR BUSINESSES WHOSE PRIMARY ACTIVITY INCLUDES THE FOLLOWING KINDS OF USES PARKING AND MAINTENANCE OF EXPLORATION. PRODUCTION OR WORKOVER EQUIPMENT, EQUIPMENT AND STORAGE YARDS FOR ROAD AND PIPELINE CONSTRUCTION CONTRACTORS, AND PRODUCTION UNIT SET-UP AND MAINTENANCE CONTRACTORS:: PARKING AND MAINTENANCE FOR TANK AND WATER SERVICE COMPANIES. STORAGE AND RENTAL YARDS FOR PIPE AND PRODUCTION EQUIPMENT. FIELD OFFICES USED BY PRODUCTION - RELATED RECORDS AND MAINTENANCE PERSONNEL: AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL. ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FERTILIZER STORAGE, MIXING, BLENDING AND SALES: ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (PARKING STORAGE AND STAGING OF COMMERCIAL VEHICLES. GENERAL CONTRACTOR. STORAGE. MAINTENANCE, REPAIR OF CONSTRUCTION PRODUCTS AND EQUIPMENT SALES AND WELDING OPERATIONS), ANY USE OF A RESEARCH. REPAIRING. MANUFACTURING, FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE MAY BE CONDUCTED OUTSIDE OF AN ENCLOSED BUILDING. PROVIDED THAT THE USE AND/OR OPERATIONS OF THE USE ARE SCREENED FROM ADJACENT PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES: AREAS FOR PARKING VEHICLES OR EQUIPMENT, SO LONG AS SUCH PARKING AREAS ARE SCREENED FROM THE ADJACENT PUBLIC RIGHTS -OF -WAY AND ON ADJACENT PROPERTIES: OUTDOOR STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES 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 AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL IN THE A (AGRICULTURAL) ZONE DISTRICT S2NW4 SECTION 26. T8N. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO. EAST OF AND ADJACENT TO CR 45 APPROXIMATELY 0.25 MILES SOUTH OF CR 90. Kim Ogle. Planning Services. presented Case USR18-0126, reading the recommendation and comments into the record. Staff received 3 phone calls from area residents who were concerned about trucks idling, non-specific noise, safety, fire. aesthetic impact, impact from truck traffic and general road conditions The 1 Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Johnson asked if the USR will cover the area for the business or the entire 80 acres. Staff explained the USR will cover the 80 -acre property. Evan Pinkham. Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Mr. Pinkham requested deleting Condition of Approval 6.6 as it does not apply to this case. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Tony Evans. Encompass LLC, 1001 East Harmony Road, Suite A201, Fort Collins, Colorado. Mr. Evans said he is representing the applicant Cliff Simpson. He said that Mr. Simpson lives on the property with his family. Mr. Simpson does not wish to have a large commercial business; his business is primary an agriculture business. Mr. Evans stated that Mr. Simpson farms his property and has agricultural equipment on site. Mr. Evans said he has two concerns with the Conditions of Approval. He requested that the applicant not be required to have a survey done on the property to confirm the right of ways. Mr. Evans said he does not feel it is necessary for them to have an improvements agreement. Commissioner Cope asked if there will be 34 employees on the site at full build out. Mr. Evans confirmed that is correct. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Johnson said with that many employees, he thinks that there should be a water and sanitation plan. Ms. Light explained that Condition of Approval 6.A addresses that concern but since the applicant is already in operation, the Conditional of Approval could be moved to prior to recording the map. Commissioner Cope asked where the location was for employee parking. Mr. Evans said it will be to the west of the building. Chair Wailes asked Ms. Light for direction on where Condition of Approval 6.A should be moved. Ms. Light responded that it should be moved under Condition of Approval 1.H Prior to Recording the Map, and re - letter accordingly. Motion: Amend Condition of Approval 6.A to 1.H as requested by Staff, Moved by Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously. Mr. Pinkham asked that Condition of Approval 6.C "Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation." be removed because it does not apply to this case. Motion: Remove Condition of Approval 6.C as requested by Staff, Moved by Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the Development Standards and Amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0126 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 Elijah Hatch, Seconded by Tom Cope. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson. Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland, Tom Cope. 2 Meeting adjourned at 5:57 pm. Respectfully submitted. •4nk'chcLee, lciaitt Michelle Wall Secretary 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip , 4z4u-, , Kett n ca.7670 1 7•tu fl Vii" E-Eil c g (39--/6; c'f,WDRP c- �AN°. 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