HomeMy WebLinkAbout20112504.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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: USR-1795
APPLICANT: Mark& Brenda Moser
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(construction and welding business)in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-1619; being located in part of the NE4 of Section 18,T4N, R65W
of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 46; approximately 1/4 mile west of CR 39.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.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."
Section 22-2-20.1.A.Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
Conditions of approval and development standards will ensure consistency with the Chapter
22 of the Weld County Code and will adequately mitigate impacts to surrounding properties.
There are a number of conditions of approval and development standards proposed to
address the impacts of this use. Planning staff is requiring that a screening plan, and a
lighting plan be submitted for review and approved. Per Development Standard #10, the
proposed facility will be required to operate under the Commercial Zone noise standards(55
decibels from 7 AM to 9 PM and 50 decibels from 9 PM to 7 AM).
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.R of the Weld County Code allows for Any use permitted as a
Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or industrial
zone districts, 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 (Construction & Welding Business) as a Use By Special Review in the A
(Agricultural) Zone District.
• EXHIBIT
eB 2011-2504
8 LA ! . 1 •r
Resolution USR-1795
Mark& Brenda Moser
Page 2
• C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed use is located immediately adjacent to an adjacent
agricultural outbuildings to the east and is located approximately 1/8 of a mile west of two
existing single-family residences. Agricultural land (cropland) is located immediately to the
north and south of the site.
This USR is to correct a zoning violation (ZCV11-00019) for the presence of a commercial
business without first obtaining the necessary Weld County Zoning Permits. The initial
complain was received from a private citizen. Should this application be approved and the
USR plat is recorded, the violation will be dismissed. If this application is denied, the
commercial vehicles and all commercial operations shall be removed from the property within
30(thirty)days.Additionally, if denied by the Board of County Commissioners staff requests
this violation case be forwarded to the County Attorney's Office with a delay of legal action for
thirty (30) days mentioned above.
A letter was received from a surrounding property owner approximately 500-feet to the west
of the site. The letter expresses concerns regarding the impact of traffic on road conditions
(County Road 46 is a narrow road) and the potential safety complications with a dangerous
sharp turn Y mile to the west of the site. Concerns were also expressed regarding the
impacts of noise and odors associated with the operation.
The site is screened by an existing 6-foot opaque fence on the north,west and east sides of
the site.
According to the application materials(traffic narrative),delivery and pick up at the site will be
limited to 10-15 flat bed trucks per week and 5 semi-trucks per week along with 15-20
pickups and cars per day for employees.The application states that employees are instructed
• to enter and exit the site from the east from County Road 39. There are no residences
between County 39 and this property.
Additionally, there are a number of conditions of approval and development standards
proposed to address the impacts of this use. Planning staff is requiring that a screening plan
and a lighting plan be submitted for review and approved. Per Development Standard#10,
the proposed facility will be required to operate under the Commercial Zone noise standards
(55 decibels from 7 AM to 9 PM and 50 decibels from 9 PM to 7 AM)
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 areas of the City of Evans and
Town of LaSalle. No referral response has been received from either the City of Evans or
Town of LaSalle.
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 area.
Effective April 25, 2011, 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)
Effective April 25, 2011, 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)
•
Resolution USR-1795
Mark& Brenda Moser
Page 3
• 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 contains an existing
residence and improvements and is located on a 4.5 acre parcel that is not in farm
production.
G. Section 23-2-220.A.7—There is adequate provision for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County. The attached conditions of
approval and development standards will provide 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1795(Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. 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)
E. 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 and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. 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. These
roads are maintained by Weld County. (Department of Public Works)
F. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
G. The plat shall delineate the approved Lighting Plan. (Department of Planning
Services)
H. Show the existing access points on the Plat and label them with the Access Permit
number(AP11-00175). (Department of Public Works)
Please label the Water Quality Area as"Water Quality—No Build or Storage Area".
(Department of Public Works)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated August 18, 2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Building
Inspection)
• 3. The applicant shall submit to the Department of Planning Services a Lighting Plan for review and
approval. (Department of Planning Services)
Resolution USR-1795
Mark& Brenda Moser
Page 4
• 4. The applicant shall submit to the Department of Planning Services a Screening Plan for review and
approval. (Department of Planning Services)
5. The applicant shall enter into a Private Improvements 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. As an alternative,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. (Department of Planning Services)
6. To mitigate safety concerns about traffic and dust from the site, the applicant shall enter into an
Improvements and Road Maintenance Agreement with the County. This agreement shall detail the
approved haul route (east to CR 39) and require dust mitigation if the County determines it has
become a problem. (Department of Public Works)
7. Upon completion of 1-5 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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)
• 8. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
9. 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 mapsCcilco.weld.co.us. (Department of Planning Services)
10. 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)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Ben Hansford
Mark Lawley
Nick Berryman
•
Jason Maxey
Resolution USR-1795
Mark& Brenda Moser
Page 5
• 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 September 6, 2011.
Dated the 6`" of September,
2011.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Mark& Brenda Moser
USR-1795
1. A Site Specific Development Plan and 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 district
(construction & welding business) 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 6:00 am—6:00 pm Monday—Saturday. (Department of
Planning Services)
4. All commercial vehicles shall use the approved haul route accessing the site from the east.
(Department of Public Works)
5. 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)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
• 7. 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 and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. 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)
10. There will be no open burning on the property. (Department of Public Health and 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
and Environment)
12. 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)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
• 14. Adequate drinking, hand washing and toilet facilities shall be provided at all times. (Department of
Public Health and Environment)
Resolution USR-1795
Mark& Brenda Moser
Page 7
• 15. 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 and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (I.S.D.S) Regulations. (Department of Public
Health and Environment)
18. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or
engineer. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2006 International Residential Code; 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
20. Each building will require wet stamped engineered drawings and engineered foundation based on
a site-specific geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
• 21. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Zoning Ordinance. (Department of Building Inspection)
22. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and setback requirements. Offset and
setback requirements are measured to the farthest projection from the building. (Department of
Building Inspection)
23. Provide letter of notification from the LaSalle Fire Protection District prior to any new construction.
(Department of Building Inspection)
24. 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)
25. Effective April 25, 2011, 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)
26. Effective April 25, 2011, 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)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 28. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
Resolution USR-1795
Mark& Brenda Moser
Page 8
• 29. 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 constructed as traffic control devices. (Department of
Planning Services)
30. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
31. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs
to be maintained at a maximum height of 12 inches until the area is completely developed.
(Department of Public Works)
32. 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.
33. The historical flow patterns and runoff 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)
34. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
• of Public Works)
35. 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.
36. 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.
37. 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
Resolution USR-1795
Mark& Brenda Moser
Page 9
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.
9- (o -o20 /
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
• one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1790, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yet. Motion carried unanimously.
The following case was read into record.
CASE NUMBER: USR-1795
APPLICANT: Mark& Brenda Moser
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(construction and welding business)in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-1619;being located in part of the NE4 of Section 18,T4N, R65W
of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 46; approximately 1/4 mile west of CR 39.
Chris Gathman, Planning Services, stated that this request is to correct a zoning violation(ZCV11-00019)for
the presence of a commercial business without first obtaining the necessary Weld County Zoning Permits.
•
The proposed use is located immediately adjacent to agricultural outbuildings to the east and is located
approximately 1/8 of a mile west of two existing single-family residences. Agricultural cropland is located
immediately to the north and south of the site.
Ten (10) referrals were sent out in regards to this case. Six (6) referrals were received either indicating no
conflicts with their interests or have been addressed as conditions of approval and/or development standards.
This site is located within the three-mile referral area for the City of Evans and the Town of La Salle. No
referral response has been received from City of Evans or the Town of La Salle.
A letter was received from a surrounding property owner approximately 500-feet to the west of the site. The
letter expresses concerns regarding the impact of traffic on road conditions(County Road 46 is a narrow road)
and the potential safety complications with a dangerous sharp turn V.mile to the west of the site. Concerns
were also expressed regarding the impacts of noise and odors associated with the operation.
Additionally, another letter was submitted on September 2, 2011 expressing concerns with traffic, dust, and
some potential burning of trash on the property.
The site is screened by an existing 6-foot opaque fence on the north, west and east sides of the site.
According to the application materials(traffic narrative), delivery and pick up at the site will be limited to 10-15
flat bed trucks per week and 5 semi-trucks per week along with 15-20 pickups and cars per day for
employees.The application states that employees are instructed to enter and exit the site from the east from
County Road 39. There are no residences between County Road 39 and this property.
• The Department of Public Works is requiring a Road Maintenance Agreement with a provision that dust
mitigation will be required if the County determines it to be a problem and the agreement will also detail the
approved haul route east of County Road 39. Also, the Department of Public Works has •ro•osed
EXHIBIT 3
I C
t,55Q- 1
• development standard #5 which states that "All commercial vehicles shall use the approved haul route
accessing the site from the east."
Additionally, there are a number of conditions of approval and development standards proposed to address
the impacts of this use. Planning staff is requiring that a screening plan and a lighting plan be submitted for
review and approved. Per Development Standard#10,the proposed facility will be required to operate under
the Commercial Zone noise standards(55 decibels from 7 AM to 9 PM and 50 decibels from 9 PM to 7 AM).
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Heidi Hansen, Public Works, stated that County Road 46 is classified as a local roadway requiring 60 feet of
right-of-way, which is existing. In October 2006, 67 vehicles per day was the average daily traffic on that
roadway. In addressing concerns from surrounding property owners, the applicant has agreed to specify a
haul route for commercial vehicles coming to and from the site. The large trucks will be instructed to access
the site from the east to address safety concerns due to the curves in the road going west. The applicant has
also agreed to a Road Maintenance Agreement that would require dust control if it became a problem.
Lauren Light, Environmental Health, stated that water is provided by Central Weld County Water District.
There are three (3) septic systems on the property. One system is for the house which is sized for three
bedrooms and then each shop has a septic system which is sized for 8 workers plus 8 drivers for each shop,
totaling 16 drivers and 16 workers.
The applicant has submitted a Dust Abatement Plan and Waste Handling Plans. No air emissions permit is
required as long as they don't use lead in their welding. One of the letters from an adjoining property noticed
burning on site. Ms. Light stated that no burning is allowed on site without burn permits. She added that a
development standard can be added that states, "No open burning is allowed on site."
Tim Naylor,AGPROfessionals,4350 State Hwy 66, Longmont, CO,stated that the applicant is requesting an
approval for an existing construction welding business. This proposal is to utilize the buildings as a metal and
steel fabrication shop for various agricultural and oil and gas service equipment. The remainder of the facility
will be used to store equipment, raw materials, and finished products. This site will not be used as a retail site
for public access or purchasing.
The main entrance is onto County Road 46. This is a very clean, well maintained facility. There will be
approximately 1 semi-trailer per day and 2 to 3 flatbed trucks per day and 15 to 20 pickup trucks and cars per
day. FM Construction is requesting that multi-axle trucks enter and exit to the east and use County Road 39
whenever possible.
Mr. Naylor said that they believe they have met the standards and respectfully request approval and positive
recommendation to the Board of County Commissioners.
Commissioner Grand asked what the employee count is now and in the future. Mr. Naylor said that they
anticipate that they are at the peak of their employment currently,which is approximately 15 to 20 employees.
Another 16 off site employees access the site as well.
Commissioner Berryman asked if he had any comment in regard to the burning in the surrounding property
owner letter. Mr. Naylor said that he talked with the applicant and he indicated that they had burned some
cardboard; however he understands the requirements of obtaining the burn permit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Judy Noel stated that she lives immediately west of the property. She stated that she doesn't want to stand in
the way of progress but feels that she is being run over by an industrial complex. She added that she won't
• fight the applicant as long as there is accountability, in terms of traffic control and waste disposal. She is
concerned with the burning that is going on. She also expressed concerned over some rumors in regard to
some of the labor being performed by community corrections. She asked that this be answered and clarified
4
as she approves of the corrections program; however it makes her uncomfortable to know that they may be
•
observing the activity on her property.
Doug Prince,22357 CR 37, stated that he lives to the west at the intersection of County Roads 46 and 37 and
is concerned with the high speed traffic. He believes it is a safety issue.
Commissioner Hansford asked if this stretch of road is a problem with general traffic or only with the applicant.
Mr. Prince stated that it is only with the applicant's traffic.
Commissioner Holton asked if they employ from the community corrections program. Mr. Naylor replied yes
and added that they are never left unattended.
Mr. Naylor said that the applicant drives a truck that says FM Construction on it and if he leaves in the
afternoon for a personal errand he shouldn't be required to drive east to County Road 39. Therefore to say
that all commercial vehicles must travel east limits him to his personal rights and they recommend that multi-
axle vehicles not be allowed to go west due to the curves. Because of this, Mr. Naylor requested to amend
Development Standard 5 by adding "multi-axle" after"All".
Commissioner Maxey clarified that the proposal is to have only the 1 semi-tractor per day go to the east out of
all the traffic. Mr. Naylor said that was correct but that they could ask the majority of the traffic to go to the
east. The commissioners didn't wish to change the development standard.
Mr. Naylor asked to amend Development Standard 3 regarding the number of employees. He stated that
Development Standards 14 through 17 address having adequate drinking, handwashing and toilet facilities.
Development Standard 3 limits the facility's ability to grow economically and would like to amend it so that
additional employees can be added. Mr. Maxey asked if the language from the previous case could be used
which allows the current usage according to the number of employees. Ms. Light said that it could be added;
• however as it currently is stated the septic is adequate for the number of employees.
Ms. Light stated that the language states"The number of on-site employees shall be commensurate with the
number of persons which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S) Regulations."
Ms. Light noted that adding this development standard would address the load on the septic system but would
not address other impacts such as traffic that could occur with an increase in use of the site.
Bill Hall moved to delete Development Standard 3 and add a new Development Standard with the language
provided by staff, seconded by Jason Maxey. Motion carried.
Commissioner Holton expressed concern over the burning of trash. Alexander Zauder moved to add a
Development Standard which states "There will be no open burning on the property", seconded by Ben
Hansford. Motion carried.
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.
Robert Grand moved that Case USR-1795, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
• The Chair called a recess at 2:40 pm and reconvened at 2:45 pm. He read the following case into record.
CASE NUMBER: USR-1786
5
Hello