HomeMy WebLinkAbout20052942.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1519
APPLICANT: Glen&Virgina Van Oerveren
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A RE-2345; Pt NE4 of Section 14, T2N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use permitted as a Use
by Special Review(Home Business, Parking and Maintenance of Trucks and Trailers) in
the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 22;west of and adjacent to CR 47 Section Line.
be recommended unfavorably to the Board of County Commissioners:
If this application is approved and once a plat has been recorded, the violation will be closed; however, if for any
reason this application is denied, the violation process will continue. If denied, within 90 days from denial, all
commercial equipment and activities shall be removed from the property or this case will be presented to the
Board of County Commissioners through the Violation Hearing process.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. 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
approval shall be submitted to the Department of Planning Services. (Department of Public
• Health and Environment)
B. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence of
approval shall be submitted to the Department of Planning Services. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2)- A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility name,
address, and phone number). (Department of Public Health and Environment)
C. The applicant shall submit a Screening/Landscape Plan to the Weld County Department of
Planning Services for review and approval. The plan shall address the following:
1. In order to mitigate the potential negative impact and aesthetic concerns on surrounding
properties, the applicant shall delineate an opaque visual screen on all sides of the areas
proposed for parking and outdoor storage.
2. Section 23-3-250.A.6 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.
3. Section 23-3-250.B addresses operation standards for Commercial uses. The applicant j^
shall address the issue of on-site lighting, including security lighting if applicable.
Subsection F. states "any lighting ... shall be designed, located and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that �l\J
beams or rays of light will not shine directly onto adjacent properties...."
2005-2942
Resolution USR-1519
Glen Van Overen
Page 2
4. The applicant has not delineated any on-site sign(s). If an on-site sign(s) is desired, the
signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One
identification sign per principal use shall be allowed, provided that the sign does not
exceed sixteen (16)square feet in area per face. Further, the location of the sign, if
applicable shall be delineated on the Landscape/Site Plan. (Department of Planning
Services)
D. 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
E. The septic system serving the home shall be reviewed by a Colorado professional engineer and
the review shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic flows and the review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Health and
Environment. In the event the system is found to be inadequate in size or construction it shall be
brought into compliance with current regulations.
2. The plat shall be amended to delineate the following:
A. All Sheets shall be labeled USR-1519 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
D. The proposed facility has a single family residence and a 2400 SF Maintenance Shop. The
parking requirement for the Maintenance Shop has been classified as "warehouse for the
purposes of this application. Required parking is one space per 1000 SF of area. The
application materials states there will be eight (8) employees, (6 employees and 2 contract
drivers) utilizing the site daily, and there may be up to ten (10) trucks, six (6) pneumatic trailers,
four (4) flat bed trailers and one (1) box trailer operated from this site. Total parking required for
this facility is thirty-one (31) parking spaces. The application materials do not indicate that the
public comes to this facility, thus staff will not require the applicant to meet the requirements of
the Americans with Disabilities Act. Should this change, this requirement shall be met.
(Department of Planning Services)
E. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall
be screened from public rights-of-way and all adjacent properties. These areas shall be designed
and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-
3-250.A.6 of the Weld County Code. (Department of Planning Services)
F. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all
light standards shall be delineated on the Use by Special Review Plat in accordance with Section
23-2-250.D.1 of the Weld County Code. (Department of Planning Services)
G. The existing and approved accesses shall be clearly shown on the plat. The applicant shall
contact the Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe
(CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please
contact the Weld County Department of Public Works to adequately size the culvert.
(Department of Public Works)
H. The approved off-street parking for the tractor trailers and employee vehicles and the proposed
circulation pattern shall be delineated on the plat. (Department of Public Works)
Resolution USR-1519
Glen Van Overen
Page 3
County Road 22 and County Road 47 are located adjacent to this site. County Road 22 is
designated on the Weld County Road Classification Plan as a Collector status road, which
requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total
of 40 feet from the centerline of County Road 22 shall be delineated right-of-way on the plat. This
road is maintained by Weld County. (Department of Public Works)
J The applicant shall indicate on the plat drawing any rights-of-way or future rights-of-way
associated with County Road 22 and County Road 47 section line. (Department of Public Works)
K. County Road 47 is designated on the Weld County Road Classification Plan as a section line
road. To determine if a road right-of-way exists along this section line, determine the land patent
date. Weld County may, if approved by the Board of County Commissioners, grant a Non-
Exclusive License Agreement for the upgrade and maintenance of private improvement within
this right-of-way. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Works)
3. 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)
4. Upon completion of 1, 2, and 3. 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)
^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
mapseco.weld.co.us. (Department of Planning Services)
6. Prior to the release of building permits:
A. A building permit is required for the change of use from an agricultural exempt building to a
S-1 occupancy for vehicle repair / maintenance. Two complete sets of engineer stamped plans
will be required at the time of the permit application. One set of plans will need to be submitted to
the local fire district. All other buildings, which have not been permitted on the property including
the move in sheds my require building permits depending on size and use. (Department of
Public Health Environment)
B. Buildings shall conform to the various codes adopted at the time of the permit application. Current
codes adopted by Weld County include; 2003 International building code, 2003 International
Mechanical code, 2003 International plumbing code, 2003 International fuel gas code, 2002
national electrical code, and chapter 29 of the Weld County Code. (Department of Building
Inspection)
C. 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 Weld County Code. (Department of Building Inspection)
7. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Glen and Virginia Van Oeveren
USR-1519
1. 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 districts for the parking of trucks and
trailers 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. There may be up to ten (10) trucks, eight (8) pneumatic trailers, four (4) flat bed trailers and one (1) box
trailer operated from this site. The trucks and trailers are allowed to be parked outside in the designated
parking area. (Department of Planning Services)
4. To ensure compatibility, and if an on-site sign(s) is desired, the signs shall adhere to Section 23-4-90.A
and .B of the Weld County Code. (Department of Planning Services)
5. The number of employees shall be limited to eight (8) persons as stated in the application materials.
(Department of Planning Services)
6. The hours of operation shall be limited to Monday through Saturday 5 A.M to 10 P.M. as stated in the
application materials. (Department of Planning Services)
7. All routine maintenance, repairs and/or oil changes shall be conducted inside the shop or proposed
building. (Department of Planning Services)
8. 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)
9. 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)
10. 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)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
12. Any vehicle washing area(s) 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. 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)
14. 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)
--- 15. Adequate handwashing and toilet facilities shall be provided for employees. The employees shall be
allowed to use the toilet facilities located in the residence. (Department of Public Health and
Environment)
16. 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)
Resolution USR-1519
Glen &Virginian Oeveren
Page 2
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Well Permit
number 224589) (Department of Public Health and Environment)
18. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7CCR 1101-14)
20. The operation shall comply with all applicable rules and regulations of the'State and Federal agencies
and the Weld County Code. (Department of Planning Services)
21. Potential purchasers should be aware that groundwater may not meet all drinking water standards as
defined by the Colorado Department of Public Health and Environment. The Weld County Department of
Public Health and Environment strongly encourages well users to test their drinking water prior to
consumption and periodically there after. (Department of Planning Services)
22. There shall be no staging or parking of trucks and trailers adjacent to the property on County Road 22
and County Road 47 section line. Utilize the on-site parking areas. (Department of Planning Services)
23. 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 or
storm run-off. (Department of Public Works)
24. The applicant shall be responsible for any damage and repair adjacent to the access area associated with
the heavy hauling of the USR
25. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
26. 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; 2003 International Fuel Gas Code;
and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Planning Services)
27. Building height shall be measured in accordance with the 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
28. Building height, wall and opening protection and limitations and separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset distances
shall be determined by the Weld County Code. (Department of Building Inspection)
29. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
30. The landscaping and screening on site shall be maintained at all times. (Department of Planning
Services)
31. 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. (Department of Planning Services)
Resolution USR-1519
Glen & Virginian Oeveren
Page 3
32. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. 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.
36. 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.
37. 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 Tom Holton
VOTE:
For Denial Against Denial Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Torn Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
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, Voneen Macklin, 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 August 16, 2005.
Dated the 16th of August, 2005.
Voneen Macklin
Secretary
W- iG' - 1:03'
deny the application based on personal opinion. Mr. Spitzer added there should be smaller homes on the smaller lots.
James Welch indicated he would not purchase the smaller lots but this is assuming the worst case. The smaller homes on
_the lots will fit into the setback requests but the builder will want an attractive neighborhood for the sales. He would like to
ee larger setbacks but the applicant has gone through the right process and has done what needed to be done therefore
he does not see this as a reason to deny.
Bruce Fitzgerald stated that the Planning Commission has not seen this type of development very often. He would rather
this be done in a municipality with their planners but the MUD does allow for this. This is a good project and there has been
a great deal of detail with what is being planned.
Tom Holton moved that Case PZ-1071, be forwarded to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval. Doug Ochsner
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;James
Welch, yes; Michael Miller, no; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried.
Michael Miller commented he does not believe that this is the place to lower the standards rather it should be a place to
develop higher standards. Higher and better quality developments need to be brought to this area not ones that diminish the
existing standards. This is a step backwards.
Commissioner Doug Ochsner had to leave due to a prior commitment.
— CASE NUMBER: USR-1519
APPLICANT: Glen&Virginia Van Oerveren
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A RE-2345; Pt NE4 of Section 14,T2N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use permitted as a Use by
Special Review(Home Business, Parking and Maintenance of Trucks and Trailers)in the A
(Agricultural)Zone District
OCATION: South of and adjacent to CR 22;west of and adjacent to CR 47 Section Line.
Kim Ogle, Department of Planning Services presented Case USR-1519, reading the recommendation and comments
into the record. The Department of Planning Services is recommending approval of the application along with the
Conditions of Approval and Development Standards.
Bruce Fitzgerald asked about the violation. Mr.Ogle indicated there was a trucking business without a USR. Mr.Fitzgerald
asked what a use by right would be. Mr. Ogle indicated it would be a maximum of one truck.
Virginia Van Oerveren, applicant, provided clarification on the project. There are some questions with regards to the
conditions and Development Standard. Van ovary is a subcontractor for Halliburton. There is some concern for the hours
of operation being 6:00am to 6:00pm because there have been times in which those hours could not be adhered to. The
operation is a small mom and pop operation with no intent to grow any further. They want to be good neighbors and will do
whatever is necessary to accomplish this and they have asked the drivers to be good neighbors also. There is no intent to
have any additional trucks. There are presently 18 trucks with 7 of them at this location. Six are owned while the
remainders are contractors. There is no disposal of waste on site,the trucks are taken out. The oil from the maintenance
that is done on site is used in an oil furnace in the shop. The applicant is willing to use magnesium chloride for dust
abatement.
Michael Miller asked about the Development Standard limiting the number of trucks to 10 when there is a total of 18. Ms.
Van Oerveren stated the 18 trucks would not be at the site at the same time, the most there will be is 8 in the yard. Mr.
Miller stated the Development Standard limits it to 10 at any time. Ms.Van Oerveren stated they do not want all the trucks
in the yard at the same time but it could happen. Mr. Miller asked about the hours of operation. Ms.Van Oerveren was not
sure what would work and would like some assistance on this. The trucks leave between 6:00 a.m. -6:30 a.m. and are
back around 6:00 p.m. but there are times in which that does not work. There needs to some exceptions that occur on a
rare basis.
Achael Miller asked Mr. Ogle about the agricultural building exempt from building permits and if this is the one that has
electricity and heat. Mr. Ogle stated those buildings would need to be brought up to code since it is being used as
something other than an AG exempt building. It is being used as shop maintenance not the original intent. Ms. Van
Oerveren indicated that the barn in the back does have a dirt floor. The gentleman that built the shop in the front was to get
11 SIT
the correct permits and it will be fixed if this was not correct. Mr. Fitzgerald asked about the buildings on site. Mr. Ogle
stated there were permits for AG exempt pole barn of 1500 square foot with dirt floor and no electric that will be used for hay
storage. There is another permit for a 400 amp service for the maintenance/pole barn. The business was identified when
—the inspector went for the electrical permit inspection. Ms.Van Oerveren indicated the building in front has never had a dirt
oor. Mr. Ogle stated that there may have never been a permit for this and it will need to be addressed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to
speak.
Carol Girkin, neighbor,submitted a letter to Planning Commission indicated concerns with the proposal and would like this
denied. This is in violation of the County Codes and her personal rights. The business bought the land with the intention of
doing the business there. All the buildings are listed as AG buildings but this has been a business from the very beginning.
There has been more than one truck causing the noise pollution to be extreme. There are equipment with back up beepers
that are very annoying. The hours of operation are a concern since they do not adhere to them. Her main concern is if they
get this permit who monitors and makes sure that the Development Standard and Conditions are done. There are other
industrial zone districts that this should be done in.
The Chair closed the public portion
Michael Miller asked Ms. Davis about the restroom facility for 8 employees. Ms. Davis stated that the permit for the home
would allow for 8 occupants and the numbers of employees are the same. The employees do not use the bathroom much
since they will be picking up the trucks and leaving. Mr. Miller stated that was a 2400 square foot maintenance shop that will
have employees in it. Ms. Davis stated it was her impression that only minor maintenance would be done on site. Mr.
Fitzgerald asked about the water supply. Ms. Davis stated there is a letter from the State that indicates the supply is good.
The water will be used in compliance with the permitted uses. If the remains the case there will be no need to re-permit the
well to commercial.
Bruce Fitzgerald asked about the use of the waste oil in an oil furnace. Ms. Davis stated that this was done regularly within
EPA approved furnace.
'om Holton asked Mr.Carroll about CR 22 and the potential damage as addresses in the Carol Girkin letter. Mr.Carroll did
.iot see any damage upon site visitation. A follow up can be done to determine if there is damage. The traffic count is
between 400-600 vehicles on this section of road and it is considered a collector. Mr. Fitzgerald asked if there was damage
could the use the USR to require the applicant to fix or improve.
Kim Ogle suggested adding the following language to 1.D. 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."
Michael Miller moved to approve the suggested language. James Welch seconded. Motion carried.
Kim Ogle addressed some minor corrections in the staff comments. Mr. Ogle indicated the applicant had some concerns
with Development Standard#3 designating the number of trucks on site. Ms.Van Oerveren stated there are 8 pneumatic
trailers not six. They are hoping Halliburton will take the two that belong to them back. Ms. Van Oerveren would like to
change the hours of operation to 5:00am to 10:00pm, Monday thru Saturday. They will do everything with in their power to
not use the jake brakes. The back up beepers are required. The drivers will be told to leave quietly and not use the jake
brakes. Mr. Fitzgerald indicated that no activity would be done outside of this time frame. Ms.Van Oerveren stated that
maintenance is done on the weekends. They have an employee that comes in sometimes in the evenings and on Sunday
when he has time. Mr. Miller stated that hours of operation in gravel pits generally refer to the operation with the exception
to the maintenance. Mr. Ogle stated that gravel pits hours generally are addressed by dawn to dusk which is seasonal
changing. This case the applicant is asking for extended hours with maintenance on the weekends. The wording will need
to be clarified. Mr.Ogle added that gravel pits have been allotted special circumstances due to government jobs. Mr.Miller
stated that is generally addressed as a public emergency and Halliburton would not constitute a public emergency if they do
not get their loads.
Char Davis would like some clarification on the maintenance of the vehicles. Ms.Van Oerveren stated that the jobs that
3ke the time are contracted out. The only thing that is done is oil changes, greasing drive lines and maybe windshields.
Mr. Miller stated that this type of maintenance will require someone to be in the shop on a lengthy time frame which
indicates the need for sanitary services. Ms.Van Oerveren stated he comes in the evenings for a few hours and on Sunday
when he is able to. Ms. Davis stated that someone will come in but the application did not suggest a substantial use of the
12
shop. There may be a need for a bathroom in the shop or the evaluation of the restroom in the home. The shop seems to
fall within the required 200 feet from the shop.
-Michael Miller moved to approve staff corrections that consisted of amending 2.1, 2.K, Development Standard #12,
)evelopment Standard#3, and add Development Standard#19 with the following language"The applicant shall comply with
all provisions of the Underground and Above Ground Storage Tank Regulations(7CCR 1101-14)." Tom Holton seconded.
Motion carried.
Michael Miller stated the hours of operation are difficult to accommodate since this type of business is on demand. Mr.
Fitzgerald asked how it works with the oil company. Mr.Miller stated Halliburton will call for a load and either they bring it or
someone else will. Mr. Miller asked how many homes were in the vicinity. Mr. Ogle stated there are five within a mile. Ms.
Van Oerveren stated there are other trucking business up the road. Mr. Miller stated the applicant has asked for hours to be
5:00a.m to 10:00 p.m.
Michael Miller moved to amend Development Standard #6 to state the hours of operation shall be 5:00am to 10:00pm
Monday through Saturday with the exception of maintenance. Roy Spitzer seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;James
Welch, no; Michael Miller, yes; Tom Holton, yes; Bruce Fitzgerald, no. Motion carried.
Char Davis proposed the following language in 1.E"The septic system serving the home shall be reviewed by a Colorado
professional engineer and the review shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic flows and the review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Health and Environment. In the event the system is found to be
inadequate in size or construction it shall be brought into compliance with current regulations."
Michael Miller moved to accept the above referenced language. James Welch seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;James
Welch, yes; Michael Miller, yes; Tom Holton, yes; Bruce Fitzgerald, yes. Motion carried.
Jon Carroll suggested adding the following language to Development Standard#23 and re-number"The applicant shall be
responsible for any damage and repair adjacent to the access area associated with the heavy hauling of the USR."
Michael Miller moved to accept the language. James Welch seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;James
Welch, yes; Michael Miller, yes; Tom Holton, yes; Bruce Fitzgerald, yes. Motion carried.
James Welch stated that the extended hours could cause some concern for the proposed noise level and there is no
requirement for mitigation of noise. Ms. Davis stated there is a Development Standard for the commercial noise level. If
they exceed the commercial limit staff does noise readings. Mr. Miller stated there will be no way to mitigate the noise in this
type of environment.
Bruce Fitzgerald indicated that if the neighbors have a noise issue they would contact the Health department specifically Phil
Brewer, while all other concerns can be dealt with through the Department of Planning Services, specifically Bethany
Salzman. The Sheriff could be contacted if there is an ongoing issue.
Roy Spitzer asked if Planning Commission was setting up something that is not realistic concerning the noise issue. Ms.
Davis stated what is on site is more of the concern. Ms. Van Oerveren stated she will enforce the noise level with the
drivers with the threat of their jobs.
Virginia Van Oerveren indicated she agrees with the amended standards and Conditions of Approval.
Michael Miller stated this is a tough case when smaller operations get complaints. This operation has 10 trucks and does
not seem compatible with the location or the area. The number of trucks and the hours of operation are a concern and
justification for denial. There is no way of creating standards that they can live with that would mitigate the problem.
om Holton stated that one or two trucks would not be a concern but 10 trucks is not compatible and this needs to be in an
industrial area.
James Welch stated this is a good sized operation and if it could be further limited it would be more compatible.
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Bruce Fitzgerald stated this was described as a mom and pop operation but this has grown from this.
---Michael Miller moved that Case USR-1519, be forwarded to the Board of County Commissioners along with the Conditions
f Approval and Development Standards with the Planning Commissions recommendation of denial. Tom Holton seconded
the motion
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;James
Welch, yes; Michael Miller, yes; Tom Holton, yes; Bruce Fitzgerald, yes. Motion carried.
Meeting adjourned at 7:00pm
Respectfully submitted
Voneen Macklin
Secretary
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