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HomeMy WebLinkAbout20140056.tiff a4!86U 1771G11H� LAND USE APPLICATION - Li *3 '=c -N' ` SUMMARY SHEET Planner: C. Gathman Case Number: USR13-0050 Hearing Date: December 17, 2013 Applicant: Rain for Rent - Scot Watkins, National Facilities Manager — 3404 State Road, Bakersfield, CA 93308 Site Address: 1660 AA Street, Greeley, CO 80631 Request: A Site Specific Development Plan and Use by Special Review for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-Testing Pumps/Tanks), Provided that the Property is Not a Lot in an Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions in the A (Agricultural) Zone District. Legal Description: Subdivision Exemption SE-1027; located in Part of the NW4 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado & Lots A, B and D of Corrected Recorded Exemption CORR RE-3860; located in Part of the N2 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado. Location: South of and Adjacent to "AA" Street (County Road 66); and East of and Adjacent to County Road 37. Size of Parcel: +/- 221 Acres (USR Site: +/- 25.2 Acres) Parcel Numbers: 080330100007, 080330200013, 080330200014 &080330200016 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: Weld County Zoning Compliance, referral received 10/11/2013 Colorado Department of Transportation, referral received 11/26/2013 With Comments: Weld County Department of Building Inspection, referral received 11/7/2013 Weld County Department of Public Health and Environment, referral received 10/22/2013 Weld County Department of Public Works, referral received 10/17/2013 Colorado Division of Water Resources, referral received 10/23/2013 City of Greeley, referral received 11/4/2013 USR13-0050, Rain for Rent, Page 1 The following agencies have not responded: Weld County Sheriff's Office Colorado Parks& Wildlife Eaton Fire Protection District Weld RE-2 School District North Weld County Water District Graham Seep Ditch USR13-0050, Rain for Rent, Page 2 ~x_!86 41 I SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number: USR13-0050 Hearing Date: December 17, 2013 Applicant: Rain for Rent - Scot Watkins, National Facilities Manager — 3404 State Road, Bakersfield, CA 93308 Site Address: 1660 AA Street, Greeley, CO 80631 Request: A Site Specific Development Plan and Use by Special Review for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-Testing Pumps/Tanks), Provided that the Property is Not a Lot in an Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions in the A (Agricultural) Zone District. Legal Description: Subdivision Exemption SE-1027; located in Part of the NW4 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado & Lots A, B and D of Corrected Recorded Exemption CORR RE-3860; located in Part of the N2 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado. Location: South of and Adjacent to "AA" Street (County Road 66); and East of and Adjacent to County Road 37. Size of Parcel: +/- 221 Acres (USR Site: +/- 25.2 Acres) Parcel Number: 080330100007, 080330200013, 080330200014 &080330200016 Case Summary: The applicants are proposing a drop/staging yard for empty tanks, pipes, hoses and trucks. Also, maintenance of equipment and hydro-testing of pumps and tanks will occur on site. No new buildings are proposed. This is located within the boundaries of 3r° AMUSR-764 (Agricultural Service Establishment - Offices and Truck Washout Facility). Water is provided to the site by the North Weld County Water District and sewer is provided by the City of Greeley. THE 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.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject USR13-0050, Rain for Rent, Page 3 site is in an area that can support such development, and should attempt to be compatible with the region." Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land." Section 22-2-80 I.Policy 6.1. States: "Consider the compatibility with surrounding land uses and natural site features." I.Policy 6.2. States: "Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads." A number of conditions of approval and development standards have been attached to address compatibility with the surrounding area. The Department of Planning Services is requiring a screening plan and lighting plan to address compatibility with the adjacent school facility to the west and residences to the north along with noise limits that are attached as a development standard. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County Code allows for Uses Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-Testing Pumps/Tanks), provided that the Property is not a Lot in an Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions in the as a Use by Special Review for in the A (Agricultural) Zone District. C. 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 500 feet west of an existing church/school facility (approved under case # USR- 1492 in 2005) and located approximately 750 feet and 1,700 feet from the nearest residences to the north and east of the site. Agricultural land is located to the south and east of the site. Two letters of concern/opposition were received from surrounding property owners in regards to this application. Both letters expressed traffic, safety, noise and compatibility concerns with the proposed use. A number of conditions of approval and development standards have been attached to address compatibility with the surrounding area. Section 23-3-50.F states "Landscape criteria may be based upon compatibility with existing adjacent lots and land uses." The Department of Planning Services is requiring a screening plan and lighting plan to address compatibility with the adjacent school facility to the west and residences to the north along with noise limits (proposed by the Weld County Department of Environmental Health) are attached as a development standard. 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. This site is located within the 3-mile referral area for the City of Greeley. The City of Greeley provided a referral response dated November 4, 2013. The referral response outlined landscaping recommendations, an advisory regarding the potential of future road improvements and right-of-way requirements in regards to a pending (conceptual) development to the south of the site (the Grainery) and is USR13-0050, Rain for Rent, Page 4 requesting additional information on water use on the site. Sewer service to the site is provided by the City of Greeley and water is provided by the North Weld County Water District through an executed water service agreement between the City of Greeley and North Weld County Water District. E. 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 Program. 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 site is identified as "Prime" according to the Important Farmlands Map of Weld and Larimer Counties. Existing building and structures are located on Lot A. The proposed USR site is covered by existing buildings and access/parking improvements. G. Section 23-2-220.A.7 — There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The proposed development standards and conditions of approval will provide adequate provisions for the protection of the 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 plat: A. The applicant shall attempt to address the requirements of the City of Greeley as stated in their referral response received 11/4/2013. Written evidence of such shall be provided to the Department of Planning Services. (City of Greeley) B. The applicant shall submit a plat partially vacating the boundaries of 3r°AMUSR-764 from the +/-25 acre area designated for USR13-0050. The partial vacation of 3r°AMUSR-764 shall be approved/accepted by the Board of County Commissioners prior to submitting the USR13-0050 plat for recording. (Department of Planning Services) C. The applicant shall submit a Lighting Plan (if onsite lighting is proposed) to the Department of Planning Services, for review and approval. (Department of Planning Services) D. The applicant shall submit a Screening Plan (to address outdoor storage areas not already screened by existing buildings and trees from properties located to the north and west of the site) to the Department of Planning Services, for review and approval. (Department of Planning Services) E. The Recorded Exemption RECX13-0118 plat shall be submitted for recording. F. The applicant shall submit a signage plan to the Department of Planning Services, for review and approval. (Department of Planning Services) USR13-0050, Rain for Rent, Page 5 G. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR13-0050. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat 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 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 plat shall delineate the approved Screening Plan. (Department of Planning Services) 6. The plat shall delineate the approved Lighting Plan (if applicable). (Department of Planning Services) 7. The plat shall delineate the approved Signage Plan. (Department of Planning Services) 8. County Road 66, aka AA Street, is an arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate or dedicate an additional 40-foot of right-of-way parallel to the CR 66 right-of-way for full build-out. This road is maintained by Weld County. (Department of Public Works) 9. Show the approved access on the plat and label it with the approved access permit number (AP13-00380). (Department of Public Works) 10. Reference on the plat the improvements at Hwy 85 as outlined in the US85 Access Control Plan 1-76 to County Road 80, December 1999. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) 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) USR13-0050, Rain for Rent, Page 6 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 senttomaps@co.weld.co.us. (Department of Planning Services) 5. 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. (Department of Planning Services) USR13-0050, Rain for Rent, Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rain for Rent USR13-0050 1. A Site Specific Development Plan and Use by Special Review USR13-0050, for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-Testing Pumps/Tanks), Provided that the Property is not a Lot in an Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The operation shall comply with all applicable rules and regulations of local, state and federal agencies and the Weld County Code. (Department of Planning Services) 4. The hours of operation (picking up and dropping off of vehicles and equipment) are 5:00 a.m. — 8:00 p.m. Monday—Sunday, as stated by the applicant(s). (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S, as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed of 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) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the (Commercial) Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. 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) 11. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 13. The facility shall utilize the existing municipal sewage treatment system (City of Greeley). (Department of Public Health and Environment) USR13-0050, Rain for Rent, Page 8 14. The facility shall utilize the existing public water supply. (Department of Public Health and Environment) 15. 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) 16. 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) 17. 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) 18. The screening/landscaping on the site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 19. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department of Planning Services) 20. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 21. 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 Section 15-1-180 of the Weld County Code. (Department of Public Works) 22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Public Works) 25. Building and electrical permits maybe required for any new construction, alteration, or addition to any building on the property per Section 29-3-10 of the Weld County Code. Currently the following codes have been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code. (Department of Building Inspection) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 27. 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. 28. 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. USR13-0050, Rain for Rent, Page 9 29. 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. 30. 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. 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. USR13-0050, Rain for Rent, Page 10 i a t86t i DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 AIL SITE:www.co.weld.co.us E-MAIL:: cgathman@co.weld.co.us 1.1( ' ,JJ PHONE: (970) 353-6100, Ext. 3537 FAX: (970)304-6498 r November 19, 2013 TIM MCKENNA XARIOS, LLC 2 NORTH CASCADE, STE 720 COLORADO SPRINGS CO 80903 NICHOLAS WHITE MONFORT OF COLORADO INC 1770 PROMONTORY CIR GREELEY CO 80634 Subject: USR13-0050 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (DROP/STAGING YARD FOR TANKS, PUMPS, HOSE/PIPE AND TRUCKS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO THE ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PT NW4 30-6-65 SUB EXEMPT SE-1027 of the 6th P.M., Weld County, Colorado. PT N2 SECTION 30, T6N, R65W LOTS A, B AND D CORR REC EXEMPT CORR RE-3860 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 17, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 8, 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 orq Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Reason:I am the author of this document (/(V1.4/-4 s` 4- 1 ''— Date:2013.11.1911:04:54-07'00' Chris Gathman Planner N DEPARTMENT OF PLANNING SERVICES 1`y 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 C V T FAX: (970) 304-6498 October 11, 2013 TIM MCKENNA XARIOS, LLC 2 NORTH CASCADE, STE 720 COLORADO SPRINGS CO 80903 NICHOLAS WHITE MONFORT OF COLORADO INC 1770 PROMONTORY CIRCLE GREELEY CO 80634 Subject: USR13-0050 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT AND SERVICE (DROP/STAGING YARD FOR TANKS, PUMPS, HOSE/PIPE AND TRUCKS) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PT NW4 SECTION 30, T6N, R65W SUB EXEMPT SE-1027 of the 6th P.M., Weld County, Colorado. PT N2 SECTION 30, T6N, R65W LOTS A, B AND D CORR REC EXEMPT CORR RE-3860 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: Greeley at Phone Number 970-350-9741 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 ,C • Reason:I am the author of this document IU' xC4 --0---- Date:2013.10.11 09:06:17-06'00' Chris Gathman Planner FIELD CHECK inspection dates: 12/6/2013 APPLICANT: Rain for Rent CASE #: USR13-0050 REQUEST: A Site Specific Development Plan and Use by Special Review for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(Drop/Staging Yard for Tanks, Pumps, Hose/Pipe and Trucks, Maintenance of Equipment and Hydro-Testing Pumps/Tanks), Provided that the Property is Not a Lot in an Approved or Recorded Subdivision Plat or Lots Part of a Map or Plan Filed Prior to the Adoption of any Regulations Controlling Subdivisions in the A (Agricultural) Zone District. LEGAL: Subdivision Exemption SE-1027; located in Part of the NW4 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado& Lots A, B and D of Corrected Recorded Exemption CORR RE-3860; located in Part of the N2 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and Adjacent to"AA" Street (County Road 66); and East of and Adjacent to County Road 37. PARCEL ID #s: 080330100007, 080330200013, 080330200014 &080330200016 ACRES: +/- 221 Acres (USR Site: +/- 25.2 Acres) Zoning Land Use N A N Cropland (2 single-family residences) E A E Cropland S A S Cropland W A W USR-1492 (Church & School Facility) COMMENTS: Storage/Staging area is located adjacent to the old Monfort Grain Elevators site. It is also adjacent to a church/school to the west. Much of the storage area is screened by existing buildings and trees (mostly deciduous). Chris Gathman - Planner III Hello