HomeMy WebLinkAbout20040427.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the addition of language to Development Standard #15, addition of
Development Standard#16,amend#10,amend hours of operation,and Development Standard#27,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-1453
APPLICANT: Tim Felte do Shaun Roberts
PLANNER: Sheri LockmanLEGAL DESCRIPTION: Lot A of RE-902; being part of the
SW4 Section 10, T7N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a mineral
resource development facility (concrete batch plant) in the A (Agricultural)
Zone District.
LOCATION: North of and adjacent to Hwy 14; '/z mile west of CR 33.
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 22-2-150 B.1 (C.Goal 2) states
"ensure the compatibility of commercial land uses with adjacent land uses."Conditions have
been included to ensure the site does not have an adverse impact on the surrounding
properties.
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.A of the Weld County Code provides for mineral resource
development facilities including concrete batch plants as a Use by Special Review in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.North,east and directly south of the site is farmland.Two homes exist
west and southwest of the site. Conditions of approval include a Landscape and Screening
Plan which should help mitigate negative impacts to the two homes.
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 lies within the three mile referral area for the Town of Ault.The Town
indicated in a referral response received December 15, 2003 that the use does not conflict
with their interests.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11)
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 small size of the lot limits
its agricultural value. EXHIBIT
US1e -53
2004-0427
Resolution USR-1453
Shaun Roberts
Page 2 •
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1453. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. (Department of Public Health and Environment)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services Division, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
D. The septic system serving the shop shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
E. 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 Health Services 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)
F. The applicant shall submit a Landscape/Screening Plan 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 the
west and southwest side of the property to completely screen the site from the
adjacent homes.
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.
Resolution USR-1453
Shaun Roberts
Page 3
3. Section 23-3-250.B addresses operation standards for Commercial uses. T he
applicant 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 beams or rays of light will not shine directly onto adjacent
properties...."
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 and screening Plan.
5. All outdoor storage shall be screened from surrounding properties and road rights
of way. Excess concrete will be placed into forms for precast blocks. The applicant
has indicated to Planning Staff that these blocks will be stored behind the batch
plant.The plat shall indicate this area and an opaque visual screen. (Department of
Planning Services)
G. The applicant shall complete all proposed improvements including those regarding landscaping,
screening, access improvements and parking lot requirements or enter into an Improvements
Agreement according to policy regarding collateral for improvements and post adequate collateral
for all required materials. 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.
(Department of Planning Services)
H. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) A total of 100 feet from the centerline of State Highway 14 shall be delineated right-of-way
on the plat. (Colorado Department of Transportation)
I. The applicant shall contact Dave Tuttle, Weld County Sheriffs Office, to discuss the Crime
Prevention Through Environmental Design program and any available options for the site.
(Sheriff's Office)
J. 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)
2. Prior to Operation:
1. The access approach shall be surfaced asphalt, concrete or the equivalent to the office and the
scale house area. The intent is not to drag, track, or create additional dust on to State Highway
14. (Department of Public Works)
2. The off-street parking including the circulation drive throughout the facility shall be surfaced with
recycled asphalt, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. Each parking spot should be equipped with wheel guards where needed to prevent
vehicles from extending beyond the boundaries of the space and from coming into contact with
other vehicles, walls, fences or plantings. (Department of Public Works)
Resolution USR-1453
Shaun Roberts
Page 4
3. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within 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
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 mapsco.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)
^
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tim Felte do Shaun Roberts
USR-1453
1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development
facility(concrete batch plant) i n the A (Agricultural) Zone District, a s indicated i n t he a pplication
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. All t rucks transporting materials t o and from the site s hall c overt heir loads thus reducing loose
materials on the roadway damage to vehicles. (Sheriff's Office)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
8. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (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. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industiral Zone
as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and customers of the facility.
(Department of Public Health and Environment)
12. 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)
13. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
14. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment)
15. The applicant shall adhere to CDOT requirements both present and future.
Resolution USR-1453
Shaun Roberts
Page 2
16. Primary storage of trucks shall be within the pre-existing building. Overflow parking shall be at the rear
of the property and noted on the plat.
17. A building permit shall be obtained prior to the construction of the concrete batch plant.A plot plan shall
be submitted showing all structures with accurate distances between structures, and from structures
to all property lines. (Department of Building Inspection)
18. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
19. 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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code;2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Weld County intends to adopt the 2003 International
Building, Mechanical, Plumbing and Fuel Gas Codes in the first quarter of 2004). (Department of
Building Inspection)
20. Each building will require an 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. Building 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 Chapter 23 of the Weld County Code. (Department of Building Inspection)
22. Building height shall be measured in accordance with 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. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably p reserve the natural character oft he 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)
24. The access approach shall be surfaced asphalt, concrete or the equivalent to the office and the scale
house area. The operation shall not drag, track, or create additional dust on to State Highway 14.
(Department of Public Works)
25. The off-street parking including the circulation drive throughout the facility shall be surfaced with
recycled asphalt,asphalt,concrete or the equivalent and shall be graded to prevent drainage problems.
Each parking spot should be equipped with wheel guards where needed to prevent vehicles from
extending beyond the boundaries of the space and from coming into contact with other vehicles,walls,
fences or plantings. (Department of Public Works)
26. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
27. Hours of operation shall be from 5:30 a.m. to 7:00 p.m. (Department of Planning Services)
28. The number of People employed on the site shall not exceed twelve (12). (Department of Planning
Services)
Resolution USR-1453
Shaun Roberts
Page 3
29. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. Weld County Government Personnel 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.
31. 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.
32. 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 James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 January 6, 2004.
Dated the 6th of January, 2004.
tirr(LL )(leC1.��
Voneen Macklin
Secretary
- a ,y
Commissioners that an agreement be reached or at least attempted. Mr. Morrison stated that this could not
allow a denial but encourage the communication before the case goes forward. Mr. Miller added that the
adjacent property owners rights are always respected. The intent is not to negatively affect those owners.
Mr. Morrison added that there is an agreement in place with the Board of County Commissioners to get
approval or the tower will need to be removed.
Tim Tracy asked Mr. Grueskin about the operating agreement and when it became an issue. Mr. Grueskin
stated he received an email yesterday. There has been no present discussion with Regent Broadcasting.
FOX indicated they are open to talks,there are some common grounds between the two.There is the ability
to work this out in time. The litigation is to ensure FOX's operations. Mr. Miller asked what potential
operations would affect theFOX tower. Mr. Grueskin stated a structural mishap is the reason for the request
for insurance information. They would like to be made aware before anything is adding to the tower.
John Folsom stated if a condition is added that an agreement be done, it puts FOX in the diver seat and the
ability to not accommodate Regent Broadcasting and make this case unable to go forward.
The Chair closed public portion.
Michael Miller asked Mr. Lind what the objection was for the conditions that have been presented by FOX.
Mr. Lind stated that what has been proposed is a private unilateral agreement. It is binding upon Regent but
not upon FOX. Everything that is in the conditions can be in an operating agreement they are not land use
issues. Most of the items were in the operating agreement. Regent has indicated that the operating
agreement is not binding on either party. The old agreement did not contemplate a new tower, the old
agreement is not applicable with a new tower. There is encouragement to both parties to enter into an
operating agreement. Mr. Gimlin asked if the applicant is agreeable if a condition be placed in Prior to
Scheduling to make an attempt to enter into an operating agreement. Mr. Lind addressed the issues listed
on the letter from FOX.
Sheri Lockman proposed language in Prior to Scheduling the Board of County Commissioners hearing"The
applicant shall contact the owners of the adjacent tower,an attempt shall be made to address their concern.
Written evidence of a reasonable attempt at a solution shall be submitted to the Department of Planning
Services." Mr. Morrison added or a copy of the agreement, if any.
John Folsom asked how this issue came about and is this the ususal procedure. Mr. Morrison stated the
County was contacted by Mr. Lind who indicated that time was of the essence in getting the tower build and
obtaining FCC approval. The County allowed construction to occur, they would not preclude denial but a
deposit was required to dismantle the new tower if the permit was in fact denied. The applicant was required
to apply for the building permit and follow the code but the final decision on zone could be made at hearing
date. Mr. Folsom stated that he questioned the wisdom of that procedure.
Bryant Gimlin moved to approve the language suggested by Ms. Lockman consisting of"the applicant shall
contact the owners of the adjacent tower, an attempt shall be made to address their concern. Written
evidence that a reasonable attempt has been made to resolve the issues shall be submitted to the Department
of Planning Services. James Rohn seconded. Motion carried.
Bryant Gimlin moved that Case USR-1457, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;James Rohn,yes;Tim Tracy,yes;
Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
EXHIBIT
Doug Ochsner excused himself due to possible conflict of interest.
CASE NUMBER: USR-1453
APPLICANT: Tim Felte do Shaun Roberts a92-
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-902; being part of the SW4 Section 10, T7N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a mineral
resource development facility(concrete batch plant) in the A (Agricultural)
Zone District.
LOCATION: North of and adjacent to Hwy 14; '/2 mile west of CR 33.
Sheri Lockman, Department of Planning Services presented Case USR-1453, 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.
Shaun Roberts, applicant, provided further clarification with regard to the project. They are producing
concrete (mud)and placing them in trucks for mixing while traveling to the site.
John Folsom asked if material will be delivered to the site. Mr. Roberts indicated it would.
James Rohn asked Mr. Carroll about the vehicle trips on Hwy 14 and the possible clogging of vehicles. Is
there some way Planning Commission can ask for accel/decel lanes. Mr. Carroll indicated that CDOT will
have the final say on the vehicle trips in accordance with the improvements to the area. Mr. Roberts indicated
he is speaking with CDOT with regards to improvements to the road. The size of the operation is small for
now and when it increases CDOT will require improvements to the road. Mr. Rohn asked what type vehicles
will be on site. Mr. Roberts indicated one semi truck, cement mixers and personal vehicles.
Tim Tracy asked if the 17 trips were deliveries not aggregate being shipped in. Mr. Roberts stated that the 17
trips is a trip being in and out. Mr.Tracy asked if there was a specific number of trips that CDOT was looking
for to evaluate. Mr. Roberts indicated that CDOT was looking at peak hours for the vehicle count and their
concern.
Michael Miller asked if they were operating similar type plant in another location. Mr. Roberts indicated his
father in law was and this would be like a sister company. Mr. Rohn asking what vehicle trips were being used
at the other plant. Mr. Roberts indicated that now it is slow due to weather. In discussing this issue with
CDOT there will need to be a maximum number of 50 trips instead of the 17 trips indicated. After the 50 is
surpassed they will need to re-apply to conform to the new standards.
John Folsom asked how many ready mix trucks they have currently. Mr. Roberts indicated that there will be
7 trucks at this location. Mr. Folsom questioned 17 trips per day with this many trucks. Mr. Roberts indicated
he is working with CDOT to determine the number of vehicle trips per day allowed before improvements will
need to be made to Hwy 14. They have come up with a preliminary number of 50 trips per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dorothy Stewart, adjacent mineral owner, was curious to know if gravel will be mined.
The Chair closed public portion.
Shaun Roberts stated there will be no mining done on site.
Michael Miller indicated that there is a need to amend the truck trips now.
Bruce Fitzgerald asked if 50 trips will be enough. Mr. Roberts stated that CDOT has recommended this
number and requested that they reapply as the business becomes larger. Mr. Miller asked why Planning
Commission should address the number of trips when it is a CDOT issue. Mr. Gimlin stated the standard
needed to be re worded to accommodate the CDOT referral. Mr. Carroll stated that there is a condition that
is included that states the applicant shall address CDOT concerns.
Sheri Lockman asked for clarification for the maximum number of trucks on site. Mr. Roberts stated there
will be 10 trucks. Ms. Lockman asked if 10 trucks can be parked in the building. Ms. Lockman indicated that
the application states all trucks will be parked inside the building. Ms. Lockman added that the applicant has
to follow what he has placed in the application,the conditions and development standards are in addition. Mr.
Morrison stated that the referrals sent out were based on the application. The application indicated they will
be parked in the building. Mr. Roberts would like to amend this due to the possibility that there may be some
instances in which a truck will be parked outside the building. Mr. Miller indicated that would cause this to be
a different application. Mr. Morrison stated that the recommendation needs to be made clear. Ms. Lockman
stated it was in the questionnaire on the application, it was not advertised this way. Mr. Miller asked for
clarification as to what would be needed to amend the parking issue. Mr. Morrison stated that it would be
beneficial to find out what the applicant wants and develop a standard that is acceptable to both.
Tim Tracy asked if the application is amended does this bring other things into play that would affect the
recommendation for approval. Ms.Lockman indicated that staff has done their recommendation and Planning
Commission can amend any way they feel is necessary.
Sheri Lockman indicated that staff would like to see where the trucks will be parked, if they will be screened.
There has been previous applications in the area that were required to store the vehicles inside. There is
landscaping due to the adjacent homes so there will be screening. Trucks outdoors is feasible but the location
needs to be designated. Mr. Gimlin added that language can be included to address.
Bruce Fitzgerald moved to delete Development Standard#15 and include language that requires the applicant
to adhere to CDOT requirements, present and future. James Rohn seconded. Motion carried.
Sheri Lockman suggested adding language in Development Standard#16 and renumber accordingly. The
language shall consist of"Primary storage shall be within the pre-existing building for all trucks, overflow
parking shall be designated on the plat in a screened area." Mr.Carroll suggested that if there is any overflow
parking it would be located in the rear of the property. Ms. Lockman amended the language to read"Primary
storage of trucks shall be within the pre-existing building. Overflow parking shall be at the rear of the property
and noted on the plat."
James Rohn moved to accept the language proposed by Ms. Lockman. John Folsom seconded. Motion
carried.
John Folsom asked about the hours of operation and rather this was five or six days a week from 6:00am to
6:00pm. Ms. Lockman indicated the applicant would like to address this.
Shaun Roberts asked to address Development Standard#26 regarding hours of operation.Mr.Roberts would
like to change the hours to 430am -9:00pm.
James Rohn asked about the house to the west and if there was any issue with the time suggested. Ms.
Lockman stated that the home is most likely a rental since the property is owned by City of Thornton. The
Department of Health would like the noise level to be within the residential levels. The applicant does not
believe they can meet this level. Mr. Rohn asked why the residential level was being recommended. Ms.
Davis stated that the reason is because there are residences nearby and compatibility was reviewed.
Michael Miller stated that 4:30am -9:00pm is extreme. Mr. Miller suggests that the 6:00am to 6:00pm would
be better suited for the area.
James Rohn moved to amend Development Standard#10 to state"the facility shall adhere to maximum noise
level allowed in the light industrial zone as delineated in 25-12-3 CRS."Bruce Fitzgerald seconded. Mr.Miller
asked what the level for industrial was. Ms. Davis stated it was 80 decibels which is high. Light industrial is
70, commercial is 60 and residential is 50. Motion carried.
Shaun Roberts added that the majority of the time, 6:00am to 6:00pm would work but there are instances
where they may need to start the equipment earlier. Mr. Miller asked if they are purchasing a new or used
plant. Mr. Roberts indicated they are leaning toward new. Mr. Rohn indicated this was his back yard and
knowing the traffic patterns and sounds.
James Rohn moved to amend Development Standard #10 to indicated the hours of operations shall be
5:30am -7:00pm.
Bruce Fitzgerald does not want to change the hours of operation that are listed.
Tim Tracy stated the 6:00am to 6:00pm is fine. The question is when is the material being delivered to the
site? Mr. Miller added that the aggregate will be coming from a pit that has daylight hours on their operation.
The noise will take place when everything is being loaded into the trucks. Mr.Tracy has no issue with 5:30am-
7:00pm. Mr. Roberts stated that most of the time they will start at 6:00am but do not want to be limited in case
of emergency.
James Rohn motion was seconded by John Folsom. Motion carried with Bruce Fitzgerald voting no.
Bruce Fitzgerald asked about Development Standard#27 regarding the number of employees. Mr. Carroll
indicated that the existing layout is for eight employee parking spaces and six or seven customer slots. There
is room on the lot in the overflow area. There is a requirement for off street parking and circulation as well
as surfacing. Public Works would prefer recycled asphalt and the parking spots shall have wheel guards.
Mr.Carroll suggests labeling the plat with the truck parking/employee parking areas. Mr.Fitzgerald indicated
that 12 employees will be needed. Mr. Roberts stated that twelve would be fine.
Bruce Fitzgerald moved to change Development Standard #27 to 12 employees. James Rohn seconded.
Motion carried.
Stephen Mokray moved that Case USR-1453,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;James Rohn,yes;Tim Tracy,yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
James Rohn comments were inaudible due to the microphone not being on.
CASE NUMBER: MF-1001
PLANNER: Sheri Lockman
APPLICANT: Carl Hill/Brett Hill
LEGAL DESCRIPTION: Lot A of RE-3473; being part of the NW4 Section 20,T7N, R66W
LOCATION: South of and adjacent to CR 80; 1/4 mile east of CR 27. For a more precise
location, see legal.
REQUEST: Minor Subdivision Final Plan for eight (8) Estate Zoned Lots (WB Farm
Estates)
Sheri Lockman, Department of Planning Services presented Case MF-1001, 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.
James Rohn asked why staff is recommending approval when the Sheriff referral indicates they cannot absorb
any additional services. Ms. Lockman stated that intent of the referral from the Sheriff Department is to bring
forth the need for funding from the Board of County Commissioners for additional officers.
Bruce Fitzgerald asked about the addressing and requested that it be from the internal road. Ms. Lockman
indicated she would get with Lin Dodge, Department of Planning Service,to ensure this was done correctly.
Jim Rawson, representative, indicated he is available for questions.
James Rohn asked about the soils test and the low load bearing quality. How will this be built on? Mr.
Rawson indicated that the recommendation by the soils engineer was to use spread footings. This would
spread the weight out to carry the weight of the foundation. Mr. Rohn asked "since these are required
engineered foundations,what is the expected life of that type of foundation and is there going to be require
repair in the future because of the soils? Mr. Ralston stated that the recommendation of the soils engineer
took everything into consideration including the soil conditions and water content. They are planning on a
permanent structure not a foundation that has limited life. Mr. Rohn asked if the soil type and specialized
foundation will be disclosed to the potential buyers. Mr. Ralston indicated that the buyers will receive a soils
report and the recommendation from the soils engineer.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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