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HomeMy WebLinkAbout20142523.tiff ll',•'� C', LAND USE APPLICATION SUMMARY SHEET U2-- G5u N Y Planner: Tiffane Johnson Hearing Date: August 5, 2014 Case Number: USR14-0029 Applicant: Lundvall Energy Park, LLC Representative: Grant, Hoffman and Kamada P.C. c/o Ann Hough and Brad Hoffman 821 9`" Street, Greeley, CO 80637 Request: 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 district. Legal Lot A and Lot B of Recorded Exemption RECX13-0008 being part of the E2SW4 Description: Section 10, T4N, R66W in the 6th P.M., Weld County Colorado. Location: North of and adjacent to County Road 46; approximately 2,000 feet east County Road 31 and 3,300 feet west of County Road 33 (1.6 miles west of Highway 85). Size of Parcel +/- 81.85 acres Parcel Numbers: 1057-10-3-00-005 and 1057-10-3-00-006 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County Building Department, referral dated June 26, 2014 Y Weld County Department of Planning Services- Engineering, referral dated July 17, 2014 Weld County Department of Public Health and Environment, referral dated July 2, 2014 • Northern Colorado Water Conservancy District, referral dated June 6, 2014 • Central Weld County Water District, referral dated June 6, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Town of Gilcrest, referral dated June 10, 2014 • Town of LaSalle, referral dated June 25, 2014 ➢ School District RE-1, referral dated June 6, 2014 • Weld County Zoning Compliance, referral dated June 3, 2014 USR14-0029 Page 1 of 11 Colorado Division of Parks and Wildlife, referral dated July 15, 2014 The Department of Planning Services' staff has not received responses from the following agencies: Gilcrest/LaSalle Fire Protection District ➢ City of Evans USR14-0029 Page 2 of 11 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW ti'_ Planner: Tiffane Johnson Hearing Date: August 5, 2014 Case Number: USR14-0029 Applicant: Lundvall Energy Park, LLC Representative: Grant, Hoffman and Kamada P.C. c/o Ann Hough and Brad Hoffman 821 9`" Street, Greeley, CO 80637 Request: 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 district. Legal Lot A and Lot B of Recorded Exemption RECX13-0008 being part of the E2SW4 Description: Section 10, T4N, R66W in the 6th P.M., Weld County Colorado. Location: North of and adjacent to County Road 46; approximately 2,000 feet east County Road 31 and 3,3 00 feet west of County Road 33 (1.6 miles west of Highway 85). Size of Parcel: +/- 81.85 acres Parcel No.1057-10-30-00-005 and 1057-10-3-00-0005 Case Summary: The applicant is requesting a USR permit for commercial trucking and regional supply yard for the energy industry. 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 at a location within close proximity to transportation networks and developing areas. The application materials state that the site will operate as a 24 hour (7 days a week) unmanned facility and that trucks will enter and exit the site for the purpose of loading and unloading supplies; with the exception of an occasional employee meeting truck drivers onsite for the purpose of directing them to locations that have been designated for off-loading. The application materials indicate that up to 6 truck drivers and or lumpers may be on site during regular business hours for the purpose of loading and off-loading trucks and that the maximum number of individuals (truckers, lumpers, employees) expected on site at any one time is no more than 20. The total number of shipments per day will be between 20-30. The application materials also indicate that it is not anticipated that any person will be on the site for more than 2 hours at a time. There is an existing quonset hut on site that will be used to store 3-4 small diesel run-forklifts for assistance with loading and unloading and smaller tools or pieces of pipe and equipment. No hazardous materials or waste will be stored in the quonset. No fuel is stored on site and the trucks/forklifts are fueled by a traveling fuel truck owned by the applicant. The application materials indicate all items that come to the site are either raw or unfinished and leave the same way. Pipe is to be unloaded onto racks made of either metal or rail ties and will be stored off the ground. The yard is not be used for the storage of junk or salvage or for painting. All items stored are USR14-0029 Page 3 of 11 ready for immediate use. One sign is proposed to be located on the southeast corner of the property 16 sq feet or less and one internal sign with instructions for drivers. The applicant has not submitted a lighting plan for review but has indicated a desire to have some internal site light has will provide a lighting plan for to staff for review. The site consist of both Lot A and Lot B of RECX13-0008, both owned by the applicant. The site is approximately 80 acres of primarily flat ground. The application materials indicate the site has been covered with native sand based gravel to control on site dust. A large earthen berm approximately 12 feet in height is located along the property perimeter. A 2,000 foot long 24' wide concrete drive terminating in a cul-de-sac has been constructed within a 30' wide joint access and utility easement (Recording Number 3982304). All of the above improvements were in place prior to the applicant's ownership. The applicant has indicated to staff the desire to hydro mulch or seed the existing berm with a native seed mix. The applicant has requested that the existing berm be considered to meet screening, dust control and noise mitigation requirements and the concrete drive be considered to meet tracking control requirements. The application was initially submitted by Western Equipment and Truck LLC, do Craig Sparrow. The property owner at the time and included the request for a possible future office. Over the course of the review the property ownership has changed and Mr. Sparrow has sold the property. The new owner is Lundvall Energy Park, LLC who is represented by Grant, Hoffman and Kamada attorneys. Based on the new applicant's business plan, minor changes to the application and has requested that the future office building be removed from this request. The applicant has indicated in writing that they understand that if an office building is requested a minor amendment to USR14-0029 will be required. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2- 260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the individual property owner's right to request 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. USR14-0029 Page 4 of 11 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. 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. USR14-0029 Page 5 of 11 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 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 Department of Planning Services' staff 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) C. 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) D. Show and label the water quality features/depressions. (Department of Planning Services- Engineer) E. Show how historical flow patterns will be maintained through the berm. (Department of Planning Services-Engineer) F. Show and label standard tracking control onto publically maintained roadways on the map. (Department of Planning Services-Engineer) G. 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) USR14-0029 Page 6 of 11 H. 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) I. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. (Department of Planning Services) J. 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) 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) 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@co.weld.co.us. (Department of Planning Services) USR14-0029 Page 7 of 11 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 Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 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) USR14-0029 Page 8 of 11 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 II, 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) USR14-0029 Page 9 of 11 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) 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 USR14-0029 Page 10 of 11 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, 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, sand burs, 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. USR14-0029 Page 11 of 11 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: tvjohnson@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3527 C v i FAX: (970)304-6498 r July 09, 2014 BRAZELTON DON 3835 W 10TH ST STE 200 E GREELEY CO 80634 Subject: USR14-0029 - 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, a future office, shop, employee parking and a manufacture structure for a temporary office during construction of office building) in the A(Agricultural)Zone District. On parcel(s)of land described as: LOTS A AND B REC EXEMPT RECX13-0080; PART E2SW4 SECTION 10, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 5, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 20, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine lansiem Fuson:I am the author ofthisdowment Date:2014.07.0910:44:41-06'00' Tiffane Johnson Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE GREELEY, CO 80631 . WEBSITE: www.co.weld.co.us �� E-MAIL: tvjohnson@co.weld.co.us PHONE: (970)353-6100, Ext. 3527 N ' FAX: (970)304-6498 June 05, 2014 Brazelton Don 3835 W 10th St. Ste 200 E Greeley, CO 80634 Subject: USR14-0029 - 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, a future office, shop, employee parking and a manufacture structure for a temporary office during construction of office building) in the A(Agricultural)Zone District. On parcel(s)of land described as: LOTS A AND B REC EXEMPT RECX13-0080; PART E2SW4 SECTION 10, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Evans at Phone Number 970-475-1170 LaSalle at Phone Number 970-284-6931 Gilcrest at Phone Number 970-737-2426 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem an:lam the author of thisdocument Date:2014.06.0510:26:38-0600' Tiffane Johnson Planner FIELD CHECK Inspection Date: 7/17/2014 Case Number: USR14-0029 Applicant: Lundvall Energy Park, LLC0 Steve Lundvall do Grant, Hoffman and Kamada PC, (Ann Hough) 3505 Longview Road, Erie, CO 80516 Request: 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 district. Legal Lot A and Lot B of Recorded Exemption RECX13-0008 being part of the Description: E2SW4 Section 10, T4N, R66W in the 6th P.M., Weld County Colorado Location: North of and adjacent to County Road 46; approximately 2,000 feet east County Road 31 and 3,300 feet west of County Road 33 (1.6 miles west of Highway 85). Size of Parcel: +/- 81.85 acres Parcel No.1057-10-3-00-005 and 1057-10-3-00-006 Zoning Land Use N A (Agricultural) N Cropland E A (Agricultural) E Cropland S A (Agricultural) S Cropland/Rural Residential W A (Agricultural) W Cropland/Feedlot COMMENTS: The site is primarily vacant ground with one metal quonset The northwest corner of the site is occupied by a business that stores wooden power/telephone poles. During my site visit I witnessed one individual with a semi-truck and trailer (with a crane attached) load poles onto a flat bed trailer. A large berm surrounds the entire site with the exception of the entrance. The access point is is a concrete apron out to the county road with a 2,000 foot concrete drive that terminates in a cul da sac. The entire site is covered with small gravel. There were few weeds within the site but and were more prevalent on the berm. I climbed to the top of the berm on the back side and notices a concrete lined irrigation ditch along the western and northern edge. There were areas of the berm that seemed to be eroding and it did not appear to be compacted. The slope of the berm was relatively steep. The general area was relatively quiet with the exception of trucks east bound to Highway 85. The property directly to the southeast has a home and the property to the west is a feedlot. There appeared to be multiple drilling operations on the feedlot property. The general area is surrounded by cropland. WO.'; % �L , ' r , ; , Tiffane Johnson, Planner Hello