HomeMy WebLinkAbout20070294.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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-1566
APPLICANT: RF Holdings LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part NW4 Section 29, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone District(mulch loading and unloading facility and
outdoor storage of mulch) in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 42; approximately 1/2 mile west of CR 17.
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 22-2-60.F (A.Goal 6) states, "Public facilities and
services such as sewer,water, roads, schools, and fire and police protection, must be provided and
developed in a timely, orderly and efficient manner to support the transition of agricultural land to
other development uses. In evaluating a land use application, County representatives and the
applicant will consider the public facilities and services goals and policies." The applicant is proposing
to utilize bottled water on site for drinking purposes and to have a 2,000 gallon water truck on site for
fire protection. The applicant has provided a will serve letter from the Little Thompson Water District.
The letter states that a 3" line is currently in County Road 42 and if fire hydrants are required an
upgrade to the line may be required to meet the USR's fire protection needs. The applicant is also
proposing to utilize port-a-potties on site. The Weld County Department of Public Health and
Environment in their referral dated July 12,2006 states that an individual sewage disposal system is
required for the office trailer on site and that the applicant shall provide current evidence that the
facility has an adequate water supply. The Weld County Department of Public Health and
Environment also request as Development Standards that sewage disposal for the facility shall be by
septic system and that the facility shall utilize the existing public water supply.
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.R of the Weld County Code provides for a Site Specific Development Plan
and a Special Review Permit for a Use by Right,an accessory use,or a Use by Special Review in the
Commercial or Industrial Zone District (mulch loading and unloading facility - outdoor storage of
mulch) in the A(Agricultural)Zone District. The site is currently in violation (VI-0600160) due to the
operation of a commercial landscaping sales and storage yard facility without the necessary Weld
County Zoning permit. If this application is approved by the Board of County Commissioners the
violation will be corrected. If this application is denied, the business and all outdoor storage shall be
removed within 30 (thirty) days of denial or the violation case will be scheduled before the Board of
County Commissioners to proceed though the Violation Hearing process accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.The surrounding property is primarily agricultural in nature with one residence
immediately to the east of the site and a second residence to the north west of the site. The Great
Western Railroad is located directly to the west of the site. No letters have been received from
surrounding property owners. The development standards and conditions of approval will ensure
compatibility with adjacent properties.
$ EXHIBIT
8 B
2007-0294 1500
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 subject property lies
within the three mile referral area of the Towns of Berthoud, Johnstown and Milliken. The Towns of
Berthoud and Milliken have no objections to the application. The Town of Johnstown stated in their
referral dated July 13, 2006 that they have not received any comments or complaints regarding the
current mulch unloading operation or truck traffic. The Town has no concerns with the use, but is
requesting dust control on County Road 42 and County Road 17. A residential development called
Stroh Farms(Pioneer Ridge)to the northeast is planned to extend south to County Road 42 and west
of County Road 17 in the next three to five years. The Town has concerns with truck traffic on this
section of road once improved. The Town is recommending that the USR be granted for a period of
up to five years and be extended (or not)subject to formal re-examination of impact of the use on the
developing area around the site. The Department of Planning Services has placed a development
standard that the Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the property to
others for operation of the facility.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
i. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
ii. Effective August 1,2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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 consists of a little over five
acres and is currently being utilized for a mulching operation.
G. Section 23-2-220.A.7 -- 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 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.
Should the Planning Commission approve this request, the Department of Planning Services recommends
that the following conditions of approval and development standards be attached:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If applicable,the applicant shall submit a detailed signage plan to the Department of Planning
Services. (Department of Planning Services)
B. The location of the dumpster and appropriate screening shall be submitted to the Department
of Planning Services. (Department of Planning Services)
C. A Landscaping and Screening Plan shall be submitted to the Department of Planning
Services. At a minimum staff is recommending screening along the north, east and south
side of the property. (Department of Planning Services)
Resolution USR-1566
RF Holdings LLC
Page 2
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Department of Public Health &
Environment of an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application
from the Air Pollution Control Division (APCD), Colorado Department of Health and
Environment. Alternately,the applicant can provide written evidence that they are not subject
to these requirements. Evidence of written approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
B. The applicant shall provide current evidence that the facility has an adequate water supply to
the Department of Planning Services and the Department of Public Health and Environment.
(Departments of Public Health and Environment and Planning Services)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of written approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. An individual sewage disposal system is required for the office trailer. The applicant shall
submit an application to the Weld County Department of Public Health and Environment.
The septic system shall be installed according to the Weld County Individual Sewage
Disposal Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. Evidence of written approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
E. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. Evidence of written approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall provide the Department of Planning Services with a maintenance plan
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
G. The applicant shall complete all proposed improvement including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into a
Private Improvements Agreement according to policy regarding collateral for improvements
and post adequate collateral for all landscaping,transportation(access drive, parking areas,
etcetera) and non-transportation (plant materials, fencing, screening, water, signage
etcetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the Use by Special
Review plat. Or the applicant may submit evidence that all the work has been completed and
approved by the Department of Planning Services and the Department of Public Works.
(Department of Planning Services)
H. The applicant shall attempt to address the requirements (concerns)of Town of Johnstown,
as stated in the referral response dated July 13,2006. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
I. The applicant shall attempt to address the requirements(concerns)of Weld County Sheriffs
Office, as stated in the referral response dated July 26, 2006. Evidence of such shall be
Resolution USR-1566
RF Holdings LLC
Page 3
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
J. The applicant shall contact the Johnstown Fire Protection District to discuss a fire emergency
plan. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
K. The plat shall be amended to delineate the following:
1. All the pages of the plat shall be labeled USR-1566. (Department of Planning
Services)
2. The off street parking spaces including the access drive shall be surfaced with gravel
and shall be graded to prevent drainage problems. (Department of Public Works)
3. Should exterior lighting be a part of this facility,all light standards shall be delineated
on the Use by Special Review Plat. (Department of Planning Services)
4. County Road 42 is designated on the Weld County Road Classification Plan as
major arterial road, which requires 140 feet of right-of-way at full build out.There is
presently 60 feet of right-of-way.A total of 70 feet from the centerline of County Road
42 shall be delineated on the plat.The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. This road is maintained by the Town of
Johnstown. (Department of Public Works)
5. The applicant shall provide a minimum of two (2) parking spaces. The parking
spaces shall be equipped with wheel guards or curb blocks when necessary to
prevent vehicles from extending beyond the boundary of the space and from coming
into contact with other vehicles, walls,fences or plantings. (Departments of Public
Works and Planning Services)
6. The attached Development Standards. (Department of Planning Services)
7. The approved Landscape and Screening Plan. (Department of Planning Services)
8. The applicant shall berm or channel the west side of the property to direct the storm
water to drain to the southwest corner of the facility. (Department of Public Works)
9. The Great Western Railroad spur shall be delineated on the plat. (Department of
Planning Services)
10. The applicant shall submit two(2)paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning
Services)
3. Upon completion of 1., and 2., 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 thirty(30)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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Resolution USR-1566
RF Holdings LLC
Page 4
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(aco.weld.co.us. (Department of Planning Services)
5. 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)
6. Prior to issuance of building permit:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdohe.state.co.us/wo/PermitsUnit
for more information. (Department of Public Health and Environment)
B. The applicant shall submit building plans to the Johnstown Fire Protection District for review
and approval. A letter of approval shall be submitted to the Department of Building
Inspection. (Department of Building Inspection)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF Holdings LLC
USR-1566
1. The Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District (mulch loading and
unloading facility-outdoor storage of mulch) in the A(Agricultural)Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.(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. Hours of operation will be 7:00 am to 6:00 pm Monday through Saturday. (Department of Planning
Services)
4. The site shall be limited to no more than two (2) employees on site as stated in the application
material. (Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way. (Department of Planning
Services)
6. No retail sales shall be allowed from the site. (Department of Planning Services)
7. 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)
8. 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)
9. 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)
10. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
11. 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)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. 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)
15. The facility shall utilize bottled water. (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. The applicant shall submit building plans to the Johnstown Fire Protection District for review and
approval prior to the issuance of building permits. A letter of approval shall be submitted to the
Department of Building Inspection. (Department of Building Inspection)
19. 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)
20. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
21. The applicant shall be required to provide adequate dust suppressant chemical(magnesium chloride
or calcium chloride) for approximately 300 feet from adjacent residents on County Road 20. Dust
suppressant shall be placed a minimum of twice a year or as needed and determined by the Weld
County Public Works Department, Motor Grader Division Supervisor. Department of Public Works)
22. Building permits shall be obtained prior to the construction of any building. (Department of Building
Inspection)
23. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
24. Buildings 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: 2003 International Building
Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National
Electrical Code and Chapter 29 of the Weld County Code. The office will most likely be classified as
a B occupancy. The storage portion will most likely be classified as an S-2. (Department of Building
Inspection)
25. Buildings may require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
26. Fire resistance walls and opening,construction requirement,maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the
Weld County Code. (Department of Building Inspection)
27. Building heights shall be measured in accordance with 2003 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 for 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified. (Department of Building
Inspection)
28. A 2,000 gallon water truck shall be kept on site for fire protection as stated in the application
materials. (Department of Planning Services)
29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
30. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Storm Water/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
31. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
32. On site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,re-completion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
36. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
37. 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.
38. 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.
Motion seconded by Paul Branham.
VOTE:
For Passage • Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Tom Holton
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 19,2006.
Dated the 19th of September, 2006.
Donita May
Secretary
q - iq-2Eo6o
Mark Lawley said there were still issues with Erie that needed addressed and regretted a representative from
Erie had not attended the hearing. He also felt access issues could have been addressed before they got to
the Planning Commission. He was not in favor of approving the application.
Roy Spitzer said they have heard a lot of emotional public testimony which made decisions difficult,but all of
us use concrete and asphalt daily on our roads and no matter where these facilities were located it would
impact someone, and that being said, he did not feel it was compatible with this site.
Tom Holton said he was torn and surprised that Erie did not annex the whole parcel, but would rather have a
batch plant than a sewer plant as a neighbor and said also that gravel sites eventually made nice residential
areas.
The Chair thanked the public for their time and participation in the process. He cited Section 23-2-230 and the
issue of compatibility now and in the future. He also agreed with Mr. Lawley that it was unfortunate that Erie
did not participating in the hearing. He felt there were still some issues to be resolved as well as basic health,
safety and wellness issues and was not convinced due to incompatibility that this application was in the best
interests of the citizens.
Paul Branham moved that Case 2n°AmUSR-249, be forwarded to the Board of County Commissioners along
with the amended Development Standards and Conditions of Approval Conditions with the Planning
Commissions recommendation of denial. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes; Bruce Fitzgerald, yes;Tom Holton, no; Mark Lawley,yes; Doug Ochsner,
no; Roy Spitzer, yes; James Welch, yes; Chad Auer, yes. Motion carried.
Paul Branham cited Section 23-2-220.A.3 and 4 of the County Code in his denial.
Erich Ehrlich cited Sections 22-5-80.B., 22-5-5-80.C., and E., and 23-2-220.A.3. of the County Code in his
denial.
Bruce Fitzgerald commented the application was incompatible with the neighborhood.
Mark Lawley commented the application was incompatible with the neighborhood.
Doug Ochsner commented;he thought there was good that could come out of this application,the traffic could
improve in the area,but questioned compatibility with a potential waste water treatment facility in the area.The
fact the applicant said this would be limited to an eight year operation should make this a beautiful site.
Roy Spitzer cited Sections 23-2-220.A.3. and 22-5-80.C.3 of the County Code in his denial.
James Welch said his vote for denial was based on incompatibility,
Chad Auer cited Section 23-2-220.A.3 of the County Code in his denial. EXHIBIT
Bruce Fitzgerald and James Welch had to leave the hearing at 7:00 p.m. h l 1
- 3, CASE NUMBER: USR-1566 37 I TNt�tI'
�tQ(p
APPLICANT: RF Holdings LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part NW4 Section 29, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Use by Right,an Accessory Use,or a Use by Special Review in the
Commercial or Industrial Zone District (mulch loading and
unloading facility and outdoor storage of mulch) in the A
12
es- (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 42;approximately 1/2 mile west of CR
17.
Jacqueline Hatch,Department of Planning Services,presented Case USR-1566,reading the recommendation
and comments into the record. RF Holdings LLC c/o John Moser represented by Lauren Light with Tetra Tech
RMC had applied for a Site Specific Development Plan and a Special Review Permit for a Use by Right, an
Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District(mulch loading and
unloading facility-outdoor storage of mulch) in the A(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted September 8, 2006 by Planning Staff.
The site was located south of and adjacent to CR 42 and approximately 1/2 mile west of CR 17.
The area consisted of approximately 5.86 acres.
The site was currently in violation (VI-0600160)due to the operation of a commercial landscaping sales and
storage yard facility without the necessary Weld County Zoning permit. If this application was approved by the
Board of County Commissioners the violation would be corrected. If this application was denied,the business
and all outdoor storage shall be removed within 30 (thirty) days of denial or the violation case would be
scheduled before the Board of County Commissioners to proceed though the Violation Hearing process
accordingly.
The surrounding property was primarily agricultural in nature with one residence immediately to the east of the
site and a second residence to the north west of the site. The Great Western Railroad was located directly to
the west of the site. Three letters had been received from surrounding property owners.
The surrounding property owner's concerns included noise,hours of the operation,blowing debris,truck traffic
/dust, traffic hazards, hazardous chemical control,fire hazard, health risks, and a decrease in their property
value.
The subject property lies within the three mile referral area of the Towns of Berthoud,Johnstown and Milliken.
The Towns of Berthoud and Milliken had no objections to the application.
The Town of Johnstown stated in their referral.dated July 13,2006 that they had not received any comments
or complaints regarding the current mulch unloading operation or truck traffic. The Town had no concerns
with the use, but was requesting dust control on CR 42 and CR 17. A residential development called Stroh
Farms(Pioneer Ridge)to the northeast was planned to extend south to CR 42 and west of CR 17 in the next
three to five years. The Town had concerns with truck traffic on this section of road once improved.The Town
was recommending the USR be granted for a period of up to five years and be extended (or not)subject to
formal re-examination of impact of the use on the developing area around the site.
Twelve(12)referral agencies reviewed this case,six(6)responded favorably or included conditions that had
been addressed through Development Standards and Conditions of Approval. No comments had been
received from the State of Colorado Division of Wildlife, Big Thompson Soil Conservation District, and Little
Thompson Water District.
The Johnstown Fire Protection District submitted a referral today. Their concerns included a water supply for
the use in fire suppression in the event of fire. They stated the water supply could be in the form of a fire
hydrant,water tank(portable/permanent)cistern or other means. As a condition of approval 2.J which stated
the applicant shall attempt to contact the Johnstown Fire Protection District to discuss a fire emergency plan.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
As provided to you today staff was recommending the language be changed in 2.J removing the word
"attempt"from the requirement.
Section 22-2-60.F(A.Goal 6)states,"Public facilities and services such as sewer,water,roads,schools,and
fire and police protection, must be provided and developed in a timely,orderly and efficient manner to support
13
the transition of agricultural land to other development uses. In evaluating a land use application, County
representatives and the applicant will consider the public facilities and services goals and policies."
The applicant was proposing to utilize bottled water on site for drinking purposes and to have a 2,000 gallon
water truck on site for fire protection. The applicant had provided a will serve letter from the Little Thompson
Water District. The letter stated that a 3" line was currently in CR 42 and if fire hydrants were required, an
upgrade to the line might be required to meet the USR's fire protection needs.
The applicant was also proposing to utilize port-a-potties on site. The Weld County Department of Public
Health and Environment in their referral dated July 12,2006 stated that an individual sewage disposal system
was required for the office trailer on site and that the applicant shall provide current evidence that the facility
had an adequate water supply. The Weld County Department of Public Health and Environment also
requested as Development Standards that sewage disposal for the facility shall be by septic system and that
the facility shall utilize the existing public water supply.
The Weld County Department of Planning Services was recommending USR-1566 be denied based on lack of
adequate water and sewer.
Don Carroll,Public Works Department,questioned the need for dust control on CR 17,as it was a paved road.
Ms. Hatch said it was requested for CR 42, extended down to CR 17.
Lauren Light, Tetra Tech RMC, 1900 S Sunset Street, Longmont, CO 80501, representative for RF
Holdings, said the facility was about five (5) acres in size and was directly east of existing railroad tracks.
Mulch was shipped in by rail and unloaded by a front end loader onto the site. The mulch was then stored
in numerous stockpiles until trucks picked up an order and delivered it to the customer.
There was an office onsite and two employees during peak season which was from April to September,
and one employee during off season. Bottled water and a porta-potty were located onsite. Section 23-2-
240 items 1A and 1B of the Weld County Code, stated that adequate water and sewer shall be available to
serve the use. As the operation was not open to retail sales and there was only one full time employee,
they believed that bottled water and a porta potty met the intent of the Code. The Planning Department
requested the applicant provide a will serve letter from Little Thompson Water even though bottled water
and a porta-potty were applied for in the initial application. The applicant met with Mrs. Meyer, a
surrounding property owner, a couple of months ago to address her concerns and agreed to put up a
screen fence along CR 42 on the applicant's property. Planning staff was requesting buffering adjacent to
the farm ground on the east and south which the applicant did not see as necessary due to the slope and
the properties were farmed.
This parcel had been historically used as an unloading facility. It had been used as a bean elevator and
later was a beet dump. The railroad spur was located at this site for use by previous tenants. There were
buildings on-site and the parcel was not maintained. The applicant was leasing a site from Great Western
Railroad at the Colorado Sweet Gold site in Johnstown when they realized they needed more room. In
June of 2000, Great Western leased this parcel to RF Holdings and eventually asked if they would buy it.
RF Holdings had been using this site for over six years believing that it was a legal use. The applicant
cleaned up the site by taking down the structures that were on it and by grading the site so the tail water
runoff from adjacent sites would not flood the parcel.
They had received a letter from the Johnstown Fire Department today and would contact them as
Planning Staff had requested. The applicant would have a water truck onsite to be used for fire protection
and dust control.
They had received three letters of concern from property owners today. In addressing the property
owner's concerns; the yard manager was asked about the truck speeds and said if drivers were speeding
he would address that, but that it was difficult for the trucks to make the turn into the yard if they were
speeding by the Meyer's property; when the wind blows hard some product would blow away but blowing
dust and dirt would occur even if the mulch facility wasn't there; had the applicant known about the Kirby's
concerns he would have met with them (the Kirby's pasture backed up to the west side of the railroad right
of way); fire was a concern of the neighbors but mulch piles igniting from internal combustion was very
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i"-• rare; the site did have a fire when one of the front end loader's wiring harness caught on fire, igniting a
mulch pile; the fire department came out and worked with the applicant to extinguish the fire; that was the
only fire that had occurred on this site in six years; the applicant was very aware of fire safety, and one fire
over a six year time frame showed that; there had been four fires this year on the railroad right of way that
were caused by the rail cars, which were notorious for throwing sparks that could cause fires in dry
conditions.
The applicant agreed with the Conditions of Approval and Development Standards except for the items
that required septic and public water, screening the farm ground on the east and south, and providing fire
extinguishers every twenty five feet. There are fire extinguishers on the front end loaders and in the office
and there would also be a water truck on site for fire protection and dust control, plus the applicant would
meet with the fire department to ensure compatibility with their equipment. Ms. Light asked for clarification
on Development Standard twenty one, which requested dust control on CR 20, which was probably a typo.
The applicant would be fine with dust control along the neighbor's house on CR 42. Development
Standard three limited the hours of operation from 7 am to 6 pm but during peak season the facility
operates from 6 am to 6 pm, as stated in the application materials.
Ms. Light said the use of the site as a mulch loading and unloading facility was compatible with the area
and was similar to an agricultural use, such as a beet dump or a composting site. This business was the
best use of this parcel due to the location next to an existing rail spur and historically this parcel had been
used as a loading and unloading facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carolyn Meyer, 7528 CR 42, Johnstown, CO, had lived in the area 27 years in a log home they took great
pride in; master bedroom was close to the site, which had been in operation for six years; none of her
concerns had been addressed by the yard manager when she had raised them; she had made several
complaints to the County in the past six years;the applicants had operated seven days a week from five in the
morning until ten at night but had recently lessened activity on the weekends; Tim Smith did come by her
house a few months ago regarding her concerns; Mr. Smith had offered to make some changes and had
observed his operation from her property;the applicant had not made any concessions prior to the application;
her biggest concern was fire from spontaneous combustion and lightning in the area; no night watchman so
felt neighbors must be watchful of fires;machinery noise was an issue;concerned about flying debris and dirt
as it covered her property and impeded use of her pool;concerned with truck speed for her grandchildren and
pets; their property value had been affected according to Cinnamon Wells, Weld County Assessor's office.
Tom Holton asked if it was blowing wood chips or dirt at issue. Mrs. Meyer replied it was both.
Roy Spitzer asked Mrs. Meyer to pinpoint her house on the map for him and she said it was about two
hundred fifty feet from the applicant's operation. She added the site was previously a beet dump but was
never the problem this business had been.
Doug Ochsner asked her if she was in favor of screening. Mrs. Meyer felt screening or a fence could cause
more problems due to who maintains it and the horses she owned would eat a wood fence.
Harry Meyer,7528 CR 42,Johnstown, CO, had lived in the area 27 years and supported his wife's concerns;
addressed truck traffic and the blind hill;piles of mulch were forty to fifty feet high in front of his house;blowing
black dirt was not part of applicant's project but was ever present; yard manager suggested they cover their
pool; no cooperation from applicant; no response from the County and applicants have been allowed to run
wild; cannot see the mountains, a major reason for his home's location.
The Chair closed the public portion of the hearing.
Lauren Light,the applicant's representative,apologized to the Meyers and said the applicant would like to hear
from them with any problems. He wanted to comply with their request concerning the fine dirt problem and
had moved his mulch to try and maintain the blowing dirt. Ms. Light said if the application was approved,the
site would be on County radar and the neighbors should have more recourse for their concerns. She added
that the fence would be maintained by the applicant.
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Tom Holton inquired how big the pile of black dirt was. Ms. Light replied it was approximately 2000 cubic
yards and fifteen feet high.
Doug Ochsner asked Ms. Light about the number of employees and the truck traffic. She replied there were
eight to ten trucks per day during peak season, maybe one truck per day during off season. This was not a
retail sales business, but rather a wholesale business.
Tom Holton inquired about possible screening of the black dirt pile rather than screening the property to the
east. Tim Smith, owner, said the black pile being referred to would be relocated to mitigate blowing onto
neighbor's property and truck traffic might be as many as twenty per day in peak season but there may be
none on some days during the off season.
Doug Ochsner inquired about the requirement for a sewer system versus the portable toilets. Tim Smith said
the trucks are in and out as quickly as possible,there were not people waiting on the site for more than twenty
minutes at a time, and they felt the portable toilets would be sufficient.
Tom Holton motioned to delete "attempt" from item 2.J., page four. Erich Ehrlich seconded the motion.
Motion carried.
Char Davis, Environmental Health Department,said sanitary sewer on the facility was a Code requirement and
she could not deviate from that,but the Planning Commission;could look at requiring a vault system instead,
which would not require water.
Erich Ehrlich asked about the location of the Town of Johnstown and if they wished to annex. Mr.Ehrlich also
asked about the time line on this site. Ms. Hatch responded the darker color on the map was Johnstown town
limits and the Use by Special Review permit ran with this property as long as it was in compliance with
Development Standards and Conditions of Approval,but the USR could be revoked if it ever went to violation.
Roy Spitzer asked Ms. Davis about how water requirements and toilet facilities for this site differ from those for
gravel mining and brought up the huge cost to the applicant to provide water from Little Thompson Water
District for just one employee. Ms. Davis said this was a permanent business, not seasonal, therefore the
requirement for water and sewer was different,but the Commission could override her recommendation if they
wished.
Erich Ehrlich asked Ms. Hatch if they could make the application seasonal instead. She replied that Staff had
discussed that option with the applicant but the applicant wanted the business to run year round and due to
that Staff had to require adequate sewer and water.
Roy Spitzer asked about fire requirements. Ms.Davis said today's letter from the fire department allowed for a
cistern for other water needs and bottled water for employees and visitors.
Ms. Hatch said Planning was recommending deletion of Development Standard twenty eight (fire
extinguishers)as the applicant had offered to provide the two thousand gallon truck on site,but Planning was
still requesting they complete a fire maintenance plan with the fire department.
Tom Holton motioned to delete Development Standard twenty eight. Doug Ochsner seconded. Motion
carried.
Erich Ehrlich asked Ms. Hatch about Johnstown's Comprehensive Plan and future land use regarding the
railroad system and would they be limiting access due to the future development. Ms. Hatch replied
Johnstown responded to the referral with their concerns regarding development moving closer to the site and
Great Western Railroad supported the application.
Chad Auer inquired about Development Standard three regarding the hours of operation. Ms.Hatch said she
had suggested the hours outlined in the Development Standards but could recommend peak and off peak
hours as outlined in the application: peak season April first to September thirtieth, Monday through Saturday,
6 am to 6 pm; off peak being the rest of the year, Monday through Saturday, closed Sunday, 7am to 5 pm.
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Ms. Hatch recommended Development Standard fourteen remain as is but include that a vault would be
acceptable; number fifteen be changed to bottled water; and number sixteen could be deleted.
Tom Holton motioned to amend Development Standard fifteen as suggested and delete Development
Standard sixteen. Roy Spitzer seconded. Motion carried.
Paul Branham motioned to amend Development Standard 2.B. and delete (i.e., well or community water
system). Roy Spitzer seconded. Motion carried.
Roy Spitzer suggested to Don Carroll,Department of Public Works,that truck traffic be addressed specifically
regarding the short site distance. Mr. Carroll said he was in total agreement and suggested Mr.Smith talk to
his truckers and ask they go slower; another problem was that Johnstown had annexed CR 42 but Weld
County was still responsible for maintenance,so the best scenario was that this problem existed but there was
no solution at present without carving the hill down which would require modifications to adjacent properties;
and he had checked and there had been no accidents in that vicinity from 2002 to the present time.
The Chair asked the applicant if he agreed with the changes. Mr. Smith replied that he was in agreement.
Doug Ochsner moved that Case USR-1566,be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Paul Branham seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes;Tom Holton, yes; Doug Ochsner,yes; Roy Spitzer,yes; Mark Lawley,yes;
Chad Auer,yes. Motion carried unanimously.
Paul Branham commented that with the changes to the Development Standards and Conditions of Approval,
the applicant would meet the requirements in Section 23-2-220.A.1 of the Code.
Roy Spitzer commented the applicant would need to be very responsive to the needs of the surrounding
property owners due to the types of material on the site and urged Mr. and Mrs. Meyer to contact Planning
Staff if problems arose in the future.
Chad Auer commented that with the changes to the Development Standards and Conditions of Approval,the
applicant would meet the requirements in Section 23-2-220.A.1 of the Code.
4. CASE NUMBER: USR-1569
APPLICANT: Berthoud Gun Club do Mel Green, President
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NW4 SW4 of Section 19, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Recreational Facility and uses including a Shooting Range
(Berthoud Gun Club) in the A(Agricultural)Zone District.
LOCATION: 0.5 mile north of CR 42; and east of and adjacent to CR 1.
Kim Ogle, Department of Planning Services, presented Case USR-1569, reading the recommendation and
comments into the record. The subject property was within the three mile referral area of the Towns of
Berthoud and Mead. The Town of Mead had no objections to the application, and the Town of Berthoud
responded stating "... the facility does appear to substantially comply with the existing, but limited statutes,
ordinances and policies of the Town of Berthoud that apply to this type of use."
The surrounding property was primarily agricultural with the Town of Berthoud immediately adjacent to the
North, the Larimer County Waste Transfer Station and Town of Berthoud Shooting Range immediately
adjacent to the East, rural residential properties to the West in Boulder County, riparian lands, the Little
Thompson River immediately adjacent to the South and the Town of Berthoud Waste Water Treatment
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