HomeMy WebLinkAbout20131606.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, 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: USR13-0014
APPLICANT: UFI FEEDING LLC
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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, (BATTING CAGES,
GYMNASTICS FACILITY AND BASEBALL FIELDS), PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NE4 SECTION 13, T4N, R68W AND LOT B REC EXEMPT RE -1917 BEING PART
NE4 SECTION 13, T4N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 46 AND WEST OF AND ADJACENT TO CR 13.
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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with the region."
Development Standards and Conditions of Approval will ensure that the proposed use will be
compatible with the area. The surrounding property is primarily agricultural in nature. Section 23-2-
240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from
adjacent properties may be required in order to make the determination that the proposed use is
compatible with the surrounding uses." The applicant has relocated the access into the facility to not
hinder the neighbor north of County Road 46. The Development Standards and Conditions of
approval will also ensure the proposed use will be compatible with the area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone
District. Section 23-3-40.S of the Weld County Code allows for, A Site Specific Development Plan and
Use by Special Review Permit 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, (batting cages, gymnastics facility and
baseball fields), provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District..
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The facility is located in a primarily agricultural area on a parcel containing several improvements
including outbuildings and a grain bin. Adjacent properties to the north, east and west are mainly
utilized for residential and agricultural purposes. The property to the south has a Use by Special
Review (USR-1016) for weddings and similar ceremonies. The property to the northeast is within
20/346%01o'
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 2
the municipal limits of the Town of Johnstown. The Town of Johnstown stated in their referral
dated 5/6/13, "The town does not anticipate additional annexations in this area in the foreseeable
future. The town does not extend utilities to non -annexed properties. The proposed recreation
complex would have several potential impacts on the general area, as follows: measure to
manage additional traffic and access to 1-25 Frontage Road or CR 13; Dust control or pavement
on the unpaved roadway; complex exterior lighting; security/crowd management at tournament or
other major events." The Weld County Department of Planning Services has received one letter
from a surrounding property owner in their letter dated 5/2/13 they have indicated the following
concerns: impacts of traffic, noise, trash, bright lights, wildlife and that the proposed use would
be better suited in a different location such as a municipality. The Department of Planning
Services has received several phone calls from surrounding property owners with similar
concerns. The Weld County Department of Public Works is requiring a traffic study to analyze the
impacts the proposed use will have on the County Roads; in addition, an improvements
agreement is a Condition of Approval to also address the impacts with proposed facility will have
on the County Road system. There are also Development Standards and Conditions of Approval
that address trash, noise, and lighting which will ensure that this use will be compatible with
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the 3 -mile referral for the Towns of Johnstown and Berthoud. The Town
of Berthoud in their referral dated 3/28/13 had no conflicts with the proposed development. The
Town of Johnstown stated in their referral dated 5/6/13, "The Town does not anticipate additional
annexations in this area in the foreseeable future. The Town does not extend utilities to non -
annexed properties. The proposed recreation complex would have several potential impacts on
the general area, as follows: measure to manage additional traffic and access to 1-25 Frontage
Road or CR 13; Dust control or pavement on the unpaved roadway; complex exterior lighting;
security/crowd management at tournament or other major events." The Weld County Department
of Public Works is requiring a traffic study to analyze the impacts the proposed use will have on
the County Roads; in addition, an improvements agreement is a Condition of Approval to also
address the impacts with proposed facility will have on the County Road system. There are also
Development Standards and Conditions of Approval that address trash, noise, and lighting which
will ensure that this use will be compatible with surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2)
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Irrigated Land (Not Prime) and Prime
Irrigated Farmslands of National Importance" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This total size of the parcels +/- 127.5 acres but the applicant is
confining the majority of the Infrastructure to an area that was previous occupied by structures
therefore not utilizing any additional farmland.
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 3
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a grading permit. The grading permit application must contain: an
erosion and sediment control plan, a grading plan, installation details of all BMPs to be
utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE stormwater permit. (Department of Public Works)
B. The applicant shall submit a revised water quality feature design Stormwater runoff from the
parking lot and buildings must be captured by the water quality feature. (Department of Public
Works)
C. The applicant shall enter into an Improvements Agreement and Road Maintenance
Agreement according to policy regarding collateral for improvements and post adequate
collateral for all transportation (access drive, parking areas, et cetera) and non -transportation
(fencing, screening, drainage et cetera). The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. The applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of
Public Work. The road maintenance agreement will include roadway improvements due to
traffic associated with the facility with triggers for improvements. (Department of Planning
Services and Public Works)
D. The applicant shall submit a traffic study to the Weld County Department of Public Works for
review and approval. A traffic narrative that stipulates that the applicant will install auxiliary
lanes (acceleration & deceleration) when triggers are met and pave or alternative pave (RAP
or Chip Seal) the road segment from the facility entrance to CR 13 will also be accepted. The
Improvements and Road Maintenance Agreement requirements will be based on the
approved traffic study or traffic narrative. (Department of Public Works)
E. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorders reception number.
(Department of Public Works)
F. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
4 G. The plat shall be amended to delineate the following:
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 4
1) All sheets of the plat shall be labeled USR13-0014. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (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 public rights -of -way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
5) The plat shall delineate the location and size of the proposed sign, if any per Article
IV, Division 2 and Appendix 23- C, D and E of the Weld County Code. (Department
of Planning Services)
6) The Department of Planning Services has determined from the application materials
that eighty five (85) fifty (50) parking spaces and two (2) ADA parking spaces will be
required on site. Each parking space should be equipped with wheel guards where
needed to prevent vehicles from extending beyond the boundaries of the space and
from coming into contact with other vehicles, walls, fences, sidewalks, or plantings.
(Department of Planning Services)
7) The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
8) Show the approved access(es) on the plat and label with the approved access permit
number (AP13-00036). (Department of Public Works)
9) A stop sign is required at the access onto County Road 46. (Department of Public
Works)
10) The access shall have a 45 foot radius to accommodate traffic entering and exiting
the site. (Department of Public Works)
11) The approved water quality feature and a scale, flow arrows showing how water gets
to water quality feature, any necessary swales, elevations of topographic lines and
property boundaries. (Department of Public Works)
12) County Road 13 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat
as future County Road 13 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. 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. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
13) County Road 46 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 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 Public Works)
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 5
14) The recorded access shall be referenced on the plat by the Weld County Clerk and
Recorders reception number. (Department of Public Works)
2. Prior to the 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.
(Department of Public Health & Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Public Health & Environment)
3. The applicant shall submit one (1) electronic copy or two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1. above 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 Department of Planning Services' Staff. 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 sixty (60) 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
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)
Motion seconded by Joyce Smock.
VOTE:
For Passage
Robert Grand
Bill Hall
Nick Berryman
Joyce Smock
Against Passage
Benjamin Hansford
Jordan Jemiola
Absent
Mark Lawley
Jason Maxey
Bret Elliott
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 6
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 June 4, 2013.
Dated the 4th of June, 2013.
4-5nieEvw ,&,a(erv,.
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2013.06.07 13:38:31 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UFI Feeding, LLC
USR13-0014
1. A Site Specific Development Plan and Use by Special Review Permit 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,
(batting cages, gymnastics facility and baseball fields), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. (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 operations shall be limited to 4:00 am — 11:00 pm Monday through Sunday, as stated in
the application. (Department of Planning Services)
4. A maximum of 260 people can utilize the site per day but no more than 50 people will be on site at
any given time. (Department of Planning Services)
5. The number of employees shall be limited to seven, as stated in the application. (Department of
Planning Services)
6. 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 &
Environment)
7. 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 & Environment)
8. 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. (Department of
Public Health & Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
10. 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 & Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
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 & Environment)
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health & Environment)
14. The facility shall utilize the existing public water supply. (Little Thompson Water District)
15. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health & Environment)
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 8
16. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health & 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 & Environment)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
19. 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)
20. No Parking or Staging of Vehicles on the County Road is allowed. Use on -site parking area.
(Department of Public Works)
21. 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; and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
22. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services)
23. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services)
24. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
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. (Department of
Planning Services)
28. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
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. (Department of Planning
Services)
RESOLUTION USR13-0014
UFI FEEDING LLC
PAGE 9
30. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012
International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Building Department)
31. 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.
PC minu.tes 40lyll3
Zada Steidl stated that she owns the property that surrounds this site. She indicated th
approached by two (2) developers and plans to sell her property to one of them for a proposed
development. She asked the Planning Commission to keep this in mind regarding this case. She stated
that she is opposed to this proposal as it ruins their property value and it disturbs their livelihood. She
asked the Planning Commission to deny this request.
Scott Ballstadt, Chief Planner, Town of Windsor, 301 Walnut Street, Windsor, Colorado, stated that the
site is located in the Town's Growth Management Area. He added that the proposed use is an industrial
use surrounded by existing and planned residential uses. The Town respectfully disagrees that the 6 foot
privacy fence provides adequate screening for storage of the RV's. Additionally, the Town does not feel it
is compatible with the surrounding land uses.
In October 2012, the Town of Windsor Planning Commission submitted referral comments and asked that
the application be denied and that the applicant be referred to the Town for possible annexation. Mr.
Ballstadt said that the applicant has not contacted the Town to discuss annexation; however he was did
attend the Planning Commission hearing regarding this case.
If the project does move forward for approval, Mr. Ballstadt said that the Town is requesting that
Condition of Approval 1.F.10 acknowledges that the access is the jurisdiction of the Town of Windsor.
Additionally, that Development Standard 20 which refers to Weld County Code Section 23-2-240 should
be amended so that the access is designed to the Town's standards. The Chair asked for legal
advisement. Mr. Yatabe recommended that no changes be made to the conditions of approval as that is
typical language. Ms. Aungst stated that according to Section 23-2-240 there are design standards that
the USR needs to comply with. Under that section, subparagraph 8 talks about the standards that the
County uses as far as designing an access for ingress and egress into a site. She added that we would
not apply this since it is Windsor's jurisdiction. Mr. Yatabe agreed and recommended that the
development standard remain as it is.
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 USR12-0063 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 Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
Commissioner Berryman encouraged the applicant to provide as much screening as possible.
CASE NUMBER: USR13-0014
APPLICANT: UFI FEEDING LLC
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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, (BATTING CAGES, GYMNASTICS FACILITY
AND BASEBALL FIELDS), PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART NE4 SECTION 13, T4N, R68W AND LOT B REC EXEMPT RE -1917
BEING PART NE4 SECTION 13, T4N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 46 AND WEST OF AND ADJACENT TO
CR 13.
Michelle Martin, Planning Services, presented Case USR13-0014, reading the recommendation and
comments into the record. Ms. Martin stated that three (3) letters were received from surrounding
property owners in opposition to this case citing impacts of traffic, noise, trash, bright lights, wildlife and
that the proposed use would be better suited in a different location such as a municipality. One (1) letter
was received in support of this case. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. -
Janet Carter, Public Works, stated that they had a meeting with the applicant regarding the traffic study
that staff requested because of the volume the applicant is proposing at full build out with 254 trips. The
applicant's representative requested that the traffic study not be required; therefore staff provided
alternate options for them. Ms. Carter pointed out that originally the access point was in conjunction with
the Subdivision Exemption (SE) lot located adjacent to the parcel. Additionally, Ms. Carter said that the
applicant is approaching the number to require pavement on County Road 13. The representative
requested utilizing an existing access further to the east, closer to the intersection of County Road 13 and
County Road 46. Ms. Carter said that she believes if they choose to move their access point to the
proposed one she felt that it was acceptable. Additionally they would need to pave from their access
point to the east of the intersection.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light stated that Condition of Approval 2.6 has been met.
Glen Czaplewski, AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado stated that
during this process they have submitted and have been approved for a Recorded Exemption (RE) to
divide out 2 lots for residential homes. These homes are not included in the USR discussion. Mr.
Czaplewski stated that they are limited to a maximum of 50 people on site at any given time.
Mr. Czaplewski said that the applicants are proposing a 14,200 s.f. building to be used as a gymnastics
center and batting cages as well as some practice baseball fields. Additionally a residence will be located
on site. Most of this site will remain in agricultural production. Because of the tight time constraints they
originally permitted the facility as an agricultural exempt building; however they have recently submitted
and have been issued a commercial building permit for the facility. Mr. Czaplewski expressed that these
facilities (gymnastics and ball diamonds) are used only for practice. They will not be used for
tournaments or games.
Realizing that the public was concerned about the proposed facility, a neighborhood meeting was held to
address their concerns. They understand the lighting concern and stated that they are not proposing any
lighting on the baseball fields. The only lighting proposed is some safety lights in the parking lot and
along the building. With regard to the traffic concern, Mr. Czaplewski stated that there are triggers in the
improvements agreement that require pavement and improvements to the county roads from the
increased traffic.
Mr. Czaplewski provided a broad view of the use by special review permits in existence in the
surrounding area and believes that it is compatible with the existing uses.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Larry Barker, 5288 CR 46, stated that he has lived to the west of the site for approximately 20 years. He
stated that County Road 46 is a mess and doesn't hold up to the traffic today. He added that the
applicant is assuming the traffic will come from Johnstown; however he believes that traffic will come from
Berthoud and other surrounding areas. He expressed concerned that there has been no mention of dust
mitigation on County Road 46. He stated that they obtained an agricultural exempt building permit while
they have constructed it for commercial use and added that they have been trying to be sneaky in this
process.
Brenda Dones, 5368 CR 46, stated that she lives to the west of the site. She stated that the road access
is probably the biggest concern to her. The intersection of County Roads 46 and 13 is a really difficult
intersection in the sense that whenever there is snow, rain or irrigation the north portion of County Road
46 has a depression area so it narrows the intersection to one (1) lane. She recommended that they look
at the drainage at the intersection and if there is a road treatment that it be paved rather than applying
mag chloride.
In addition, because the access point has been changed she suggested that the parking lot be changed
as well to the east side of the building to accommodate the concerns of lighting.
Mike Hamernik, 4686 CR 46, stated that he lives approximately 1.25 miles west of the property. He
echoed the previous comments and expressed concern regarding the hours of operation. After listening
to the presentation he is concerned with the increased traffic on the road.
Bob Bixler stated that he lives in Johnstown Colorado. He said that this facility is great for the kids from
Johnstown. He added that they need these physical activities in the summer and after school. He asked
the Planning Commission to think about this and what it could do for them.
Mr. Czaplewski responded to the concerns. He stated that Mr. Barker was concerned about County
Road 46. Based on Public Work's referral, they identified the primary users coming from Johnstown. He
said that if they are wrong the improvements agreement will be changed and they will be responsible for
the improvements. Mr. Barker expressed concern that he was not notified because he lives over the
required 500 feet. Mr. Czaplewski stated that the 500 feet is the standard used and apologized for not
including him in the meeting. With regard of using a back door to get this case approved, he stated that
they used processes contained within the Weld County Code. He reiterated that no lights are being
proposed for the baseball diamonds.
With regard to Ms. Donas' comments he apologized for the confusion in this process. It has moved very
fast and they have tried to mitigate and change things in order to accommodate some of the concerns.
Drainage is an existing condition today. In regard to moving the parking lot to the east, he said that the
best spot for the septic system is to the east of the building and they can't park on top of the parking lot.
Mr. Czaplewski clarified that the applicants are no longer proposing a residence inside of the large
gymnastics building; rather the residence will be located on site but apart from the facility.
Commissioner Berryman asked how the applicant will manage the traffic coming from County Road 13.
Ms. Carter stated that they can designate the haul route to come from County Road 13. Through citizen
complaints and traffic counts if the numbers increase on County Road 46 the applicant will need to
comply with the improvements agreement. Ms. Carter stated that the applicant needs to determine if they
want to do a traffic narrative or a traffic study prior to the Board of County Commissioner's hearing. She
added that if there is more than 10% of traffic on County Road 46 they will be required to comply with the
triggers.
Ms. Martin recommended adding a Condition of Approval 1.F that states "The applicant shall either
submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill
envelopes can be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites."
Motion: Add Condition of Approval 1.F as stated by staff and re -letter accordingly, Moved by Bill Hall,
Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
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 he would like
to request an amendment to Condition of Approval 1.F.6. He stated that there will only be 50 people
allowed on site at any given time and requested that the 85 parking spaces be amended to 50 parking
spaces.
Motion: Amend Condition of Approval 1.F.6 as requested, Moved by Bill Hall, Seconded by Joyce
Smock.
Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Robert Grand.
No: Nick Berryman.
Commissioner Berryman preferred having a slightly higher number.
Motion: Forward Case USR13-0014 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 Bill Hall, Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bill Hall, Joyce Smock, Nick Berryman, Robert Grand.
No: Benjamin Hansford, Jordan Jemiola.
Commissioner Berryman commented that he is more comfortable with some of the questions clarified and
the limited number of people on site.
Commission Hall recommended that the parking lot be moved to the east side.
Commissioner Grand agreed with Mr. Hall and Mr. Berryman's comments. He said that although the
applicants technically complied with the Weld County Code the fast track of the application left a bad
taste in the neighbor's minds.
Commissioner Jemiola commented that he voted no because he would like to see more screening
required to make it compatible for the neighbors.
Commissioner Hansford commented that he voted no because he believed these details should have
been worked out prior to the Planning Commission hearing. In addition, he felt that it was fast tracked
and was not submitted appropriately.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 4:46 pm.
Respectfully submitted,
O6thetru,
"� "" d� Digitally signed by Kristine Ranslem
7 x�,1t,U�..2f3t. Date: 2013.06.06 14:40:15 -06'00'
Kristine Ranslem
Secretary
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