HomeMy WebLinkAbout20142522.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0029
APPLICANT: LUNDVALL ENERGY PARK, LLC
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES(COMMERCIAL TRUCKING
AND REGIONAL SUPPLY YARD INCLUDING EQUIPMENT STORAGE, SHOP
AND EMPLOYEE PARKING) AND USES SIMILAR TO THE USES LISTED IN
SECTION 23-3-40 AS USES BY SPECIAL REVIEW AS LONG AS THE USE
COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL)ZONE
DISTRICT INCLUDING ENERGY INDUSTRY REGIONAL STORAGE YARD FOR
EQUIPMENT RELATED TO SOLAR AND WIND POWER PROVIDERS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AND LOT B REC EXEMPT RECX13-0080; PART E2SW4 SECTION 10,
T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH AND ADJACENT TO CR 46 BETWEEN CR 31 AND CR 33.
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 states, "County land use regulations should protect the
individual property owner's right to request a land use change." and 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 applicant is requesting a USR permit for commercial trucking and regional supply yard
for the energy industry; a use allowed by Use By Special Review Permit in the Agricultural
Zone District. The applicant believes the use would be highly compatible with the surrounding
region. The applicant's goal is to support the energy industry by providing a central location
where materials such as iron, steel and wood can be adequately stored in a location within
close proximity to transportation networks and developing areas.
This proposed plan, Development Standards and the Conditions of Approval for this proposal
will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
Section 23-2-220.A.2. --The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
Section 23-3-40.A.2. allows for a Site Specific Development Plan and Use by Special Review
Permit for Mineral Resource Development Oil and Gas Support and Service facilities
(commercial trucking and regional supply yard including equipment storage, shop and
employee parking)and uses similar to the uses listed in Section 23-3-40 as uses by special
review as long as the use complies with the general intent of the A(Agricultural)zone district
including energy industry regional storage yard for equipment related to solar and wind power
providers in the A (Agricultural)zone district.
RESOLUTION USR14-0029 aoiy-oZ5aa
P�aa97
LUNDVALL ENERGY PARK, LLC
PAGE 2
B. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located approximately 1 .6 miles west of Highway 85 south of LaSalle and north of
Gilcrest. The adjacent properties are mainly utilized for crops, pastures, and rural residences.
Public Service Company of Colorado has a small substation located approximately 1 ,000 feet
to the west and just beyond that is Five Rivers Cattle Feedlot; located the 1300 feet to the
west. The nearest residence is within 200 feet of the property line and is located directly
south of the southeast corner of the property on the south side of County Road 46. There is
also a residence located approximately 1 , 300 feet to the east located north and adjacent to
County Road 46.
There are two (2) USRs located within one mile of this parcel. AMUSR-1268 for a Guest
Farm is located to the south , SUP-252 for Waste Recycling Facility to the southwest, SUP-21
for a Feedlot to the west and USR-732 for a Substation and lines to the northwest. Just
beyond the 1 mile is also USR-1354 for a gravel mining and batch plant.
All adjacent properties are well screened by the existing berm located around the perimeter
of the property.
The Weld County Department of Planning Services has not received any letters, emails,
phone calls or other correspondence regarding the application .
C. 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 of the Town's of Gilcrest. LaSalle
and City of Evans. The Town of Gilcrest in their referral comments, dated June 10, 2014,
and the Town of LaSalle in their referral comments dated June 25, 2014 indicated that
they have no concerns. The City of Evans did not respond.
D. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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.
E. 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 80 acres designated as " Irrigated Land
Non-Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Historically it appears that the 80 acre site has been cropland however; aerial
photography shows a transition from cropland to the current site condition occurring
sometime between 2010-2012.
F. 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.
Based on site inspections and review of the application materials, staff supports the
applicant's request that the existing berm be considered to meet screening/landscaping and
RESOLUTION USR14-0029
LUNDVALL ENERGY PARK, LLC
PAGE 3
noise mitigation , the sand based gravel and concrete drive for dust control and the concrete
drive be considered to meet tracking control requirements. If future changes to the site
require the berm to be changed the applicant may be required to provide evidence that
measures to ensure screening , dust control and noise mitigation are intact
Together with the above improvements, 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. An Improvements Agreement and Road Maintenance Agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included . (Department of Planning Services-Engineer)
B. A maintenance plan for the berm to ensure structural stabilization and control erosion shall be
provided . (Department of Planning Services-Engineer)
a Show and label-standard tracking co-n-try--e-n-te--publicalay maintained roadways on the map.
(-Department- of Planning Services E-nginccr)
D. A Change of Use Application from Agricultural to Commercial for the existing Quonset including
code analysis, floor plan and As-Built Agreement Certification application must be submitted to
the Weld County Building Department. (Department of Building Inspection)
E. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and
approval. ( Department of Planning Services)
F. The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR14-0029. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of
Planning Services)
4) The plat shall delineate the trash collection areas. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Lighting Plan, as shown on the map. (Department of Planning Services)
6) The approved Landscape/Screening Plan . (Department of Planning Services)
7) Show and label standard tracking control and standard access turning radius for access onto
publically maintained roads. ( Department of Planning Services - Engineer)
RESOLUTION USR14-0029
LUNDVALL ENERGY PARK, LLC
PAGE 4
8) The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated , private, or deeded . (Department of Planning Services -
Engineer)
9) County Road 46 is designated on the Weld County Road Classification Plan as a paved
Collector road , which requires 80 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right of way cannot be verified, it shall be dedicated . This road is
maintained by Weld County. (Department of Planning Services-Engineer)
10) Show and label the water quality features/depressions. (Department of Planning Services-
Engineer)
11 ) Show how historical flow patterns will be maintained through the berm. (Department of
Planning Services-Engineer)
12) Show the approved access on the map and label with the approved access permit number
AP13-00297. Previous access permit AP10-00138 to be closed as a condition of AP13-
00297(Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper copies
or one ( 1 ) electronic copy ( . pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar plat 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. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are . dwg , .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4) . (Group 6 is not acceptable). This digital file may be sent to
maps�a7co.weld.co. us. ( Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed . a Weld County grading permit will be required prior to
the start of construction. ( Department of Planning Services - Engineer)
6. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage-disposal system is required for the proposed facility and-shall- be
installed according-to-the-Weld County--l-nd1vidual Sewage Disposal-Regulations. The septic
system -is-requited to be designed -by a Colorado-Registered Professional Engineer according
to—the Weld-Ceaividual .Sewage Disposal-Regulations. (Department ofPub-i+e-Health
a-Rd-€-nviron ment)
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, plat 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)
RESOLUTION USR14-0029
LUNDVALL ENERGY PARK; LLC
PAGE 5
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
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 , 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 August 5, 2014.
Dated the 5th of August, 2014.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lundvall Energy Park, LLC
USR14-0029
1 . A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development facilities Oil and Gas Support and Service facilities (commercial trucking and regional
supply yard including equipment storage, shop and employee parking) and uses similar to the uses
listed in Section 23-3-40 as uses by special review as long as the use complies with the general intent
of the A (Agricultural) zone district (energy industry regional storage yard for equipment related to
solar and wind power providers) in the A (Agricultural) zone. ( 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 24-hours a day / 7-days a week, as stated by the applicant. (Department of
Planning Services)
4. No employee or patron will be onsite for more than two consecutive hours. (Department of Planning
Services)
5. The screening and landscaping on the site shall be maintained in accordance with the approved
Screening\Landscaping Plan . (Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
7. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds;
pursuant to Chapter 15, Articles I and I I , of the Weld County Code. (Department of Planning Services
- Engineer)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized
(Department of Planning Services-Engineer)
11 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C. R.S. , as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination . ( Department of Public Health and Environment)
12. 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. , as amended. ( Department of Public Health and Environment)
13. 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 the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
RESOLUTION USR14-0029
LUNDVALL ENERGY PARK, LLC
PAGE 7
15. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
16. Adequate drinking . hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. ( Department of Public Health and
Environment)
17. 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)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan . 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)
19. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or an open hole inspection . ( Department of Building Inspection)
20. 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)
21 . 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)
22. 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.
23. 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.
24. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States. typically ranking in the top ten counties in the country in total market
value of agricultural products sold . The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town . Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
RESOLUTION USR14-0029
LUNDVALL ENERGY PARK, LLC
PAGE 8
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, 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.
pc_ MinU-t6S
5151t �
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyc
Nick Berryman.
CASE NUMBER: USR14-0029
APPLICANT: LUNDVALL ENERGY PARK, LLC
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES
(COMMERCIAL TRUCKING AND REGIONAL SUPPLY YARD INCLUDING
EQUIPMENT STORAGE, SHOP AND EMPLOYEE PARKING) AND USES
SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL
REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE A (AGRICULTURAL) ZONE DISTRICT INCLUDING ENERGY
INDUSTRY REGIONAL STORAGE YARD FOR EQUIPMENT RELATED TO
SOLAR AND WIND POWER PROVIDERS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT A AND LOT B REC EXEMPT RECX13-0080; PART E2SW4 SECTION 10,
T4N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH AND ADJACENT TO CR 46 BETWEEN CR 31 AND CR 33.
Tiffane Johnson, Planning Services, presented Case USR14-0029, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Smock asked how long the existing berm has been in place. Ms. Johnson said that
according to the Weld County Property Portal the berm appeared in 2010.
In response to Commissioner Smock's inquiry, Ms. Johnson stated that the property was previously used
as cultivated ground. Ms. Smock asked if the berm runs around the entire perimeter of the property. Ms.
Johnson replied yes with the exception of the entry point.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik requested that Condition of Approval 1.C, 1.D, 1.E and 1.G be moved
under Condition of Approval 1.J. Additionally, she suggested removing Condition of Approval 1.F as it is
duplicated under Condition of Approval 1.J.
Commissioner Sparrow asked how the property would drain if there was a lot of water run-off. Ms. Petrik
said that the berms could be vented so that it would follow the historical drainage on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light suggested deleting Condition of Approval 6.A since
they applicant has removed the future office from the original request.
Steve Lundvall stated that this site is proposed as storage for the oil and gas industry. He added that
they are currently operating from a site in Evans; however the business is expanding and they need more
room.
Eric Wernsman, 1011 42nd Street, Evans, stated that it is an unusual situation with the berm surrounding
the perimeter and added that they have had preliminary discussions with staff. He anticipates that they
will need to install pipes on the downhill side and release it at its historical drainage rate or lower a portion
of the berm so that it holds a certain amount possibly for the water quality feature and release the water
at the historical rate.
Commissioner Berryman asked to explain the self-contained office. Mr. Lundvall said that Western Office
and Equipment had originally submitted the office; however they are not interested in putting the office in
at this time.
Commissioner Maxey asked what activity is occurring on site now. Mr. Lundvall said that a power
company is on site currently leasing the property. He added that the lease ends in September.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
PLaa97
3014 - -S
Motion: Delete Condition of Approval 1 . F, Moved by Nick Berryman, Seconded by Benjamin Hansford.
Motion carried unanimously.
Motion: Delete Condition of Approval 6.A, Moved by Benjamin Hansford, Seconded by Joyce Smock.
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. The applicant replied that they are in
agreement.
Motion : Forward Case USR14-0029 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
Commissioner Sparrow commented that he doesn't like to see good farm ground used for these types of
businesses.
CASE NUMBER: COZ14-0004
APPLICANT: WILLIAM & TRISHA MORAN
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE R-1 (RESIDENTIAL) ZONE DISTRICT TO THE
C-3 (COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: L2 SW4SW4 SECTION 9, T5N, R65W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO E. 18TH STREET; APPROXIMATELY 625
FEET EAST OF 1ST AVENUE.
Chris Gathman, Planning Services, presented Case COZ14-0004, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mr. Gathman said that there are notes on the plat that the existing house on site can only be used as a
caretaker's residence or office. It cannot be used as a rental home in the Commercial Zone District under
the Weld County Code.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Trisha Sandau, 1712 1st Avenue, Greeley, stated that the property is used for storage of traffic control
cones, drums, pickups and message boards.
Commissioner Maxey asked the applicant if she is interested in annexing into the City of Greeley. Ms.
Sandau said that she is not interested in annexing into Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brad Mueller, Director of Community Development, City of Greeley, 1100 10'" Street, Greeley, stated that
the property is surrounded by the City of Greeley. The character of the area also shows that this is an
urbanizing area. Mr. Mueller respectfully requested that annexation into the City of Greeley be
considered.
Commissioner Berryman stated that the applicant has stated that they wish to not annex but asked if
there was anything that the Planning Commission could review or make changes to. Mr. Mueller said that
discussion of Intergovernmental Agreements have been discussed however it has not been finalized. He
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