HomeMy WebLinkAbout20041071.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, along with changes to the hours of operation, limiting the number of training trucks
per day,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-1438
APPLICANT: Floyd Winslow for HCP Ventures, LLLP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a business
permitted as a use by right or accessory use in the Industrial Zone District
(truck driving and heavy equipment school) in the A (Agricultural) Zone
District.
LOCATION: South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53.
be recommended favorably to the Board of County Commissioners for the following reasons:
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.
Should the Planning Commission choose to approve the Use by Special Review Permit, Planning Staff
recommends the following be attached as Conditions of Approval and Development Standards:
1. The Applicant has proposed a well as the source of adequate water for the site. Property owners are
advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic
Use Only,"etc. Because each situation is unique, the Department of Planning Services encourages
property owners to contact the Office of the State Engineer, Division of Water Resources (1313
Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed s ignage p Ian t o the Weld C ounty Department o f
Planning Services. (Department of Planning Services)
B. The applicant shall submit a letter from the United States Department of Interior, Fish and
Wildlife Service indicating whether or not surveys will be required for threatened or
endangered plants and animals. If a survey is required, the applicant shall provide the
Department of Planning services with a copy of the survey that was conducted and provide
evidence that all the requirements of the United States Department of Interior, Fish and
Wildlife Services have been met. (Department of Planning Services)
3. Prior to recording the plat:
A. The applicant shall submit a revised Landscape/Screening Plan for review and approval
addressing the concerns in the referral received November 3,2003. (Department of Planning
Services)
B. The applicant shall attempt to address the requirements (concerns)of Southeast Weld Soi
Conservation District, as stated in the referral response dated November 3,2003. EvidencRC
of such shall be submitted in writing to the Weld County Department of Planning Services. m
(Department of Planning Services)
C. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence that ants
an adequate attempt has been made to mitigate the concerns of the mineral owners.
2004-1071
Resolution USR-1438
Floyd Winslow
Page 2
(Department of Planning Services)
D. The applicant shall contact the appropriate Federal agency's regarding the wetlands located
on site and provide written evidence that the proposal is in compliance with their specific
jurisdictional requirements. (Department of Planning Services)
E. The applicant shall provide evidence that there will be no on-site impacts pertaining to "the
placement of dredge or fill material, and any excavation associated, either temporary or
permanent, in water of the United States which includes ephemeral, intermittent and
perennial streams, lakes, ponds, or wetlands at the site..." have been addressed to the
satisfaction of the Department of the Army Corps of Engineers. Written evidence shall be
submitted to the Weld County Department of Planning Services for review and approval.
(Department of Planning Services)
F. The applicant shall complete a Weld County Access Information Sheet for the proposed
home. (Department of Public Works)
G. The applicant shall enter into an improvements agreement with Department of Public Works
to discuss the proportionate expense for dust control on County Road 18 and 53(Department
of Public Works & Department of Planning Services)
H. The applicant shall complete all the appropriate building and electrical permits. (Department
of Planning Services)
Evidence shall be provided to the Department of Planning Services that the RV has been
removed from the property. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
1. The plat shall be labeled USR-1438 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscaping/Screening plan. (Department of Planning Services)
4. County Road 18 is designated on the Road Capital Improvement plan in the County
Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which
requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-
way. A total of 30 feet from the centerline of County Road 18 shall be delineated
right-of-way on the plat. This road is maintained by Weld County. (Department of
Public Works)
5. The applicant shall utilize the existing residential/agricultural access. The access
shall be wide enough to accommodate two-way traffic with an adequate turning
radiuses for tractor-trailer movements on to County Road 6. (Department of Public
Works)
6. The applicant shall place and label on the plat the area to be utilized for truck driving
and heavy equipment training,such as motor grader course. This area should show
adequate circulation and parking. (Department of Public Works)
7. The applicant shall coordinate the training area and the proposed building for
adequate traffic flows and turning radiuses. Student/operator parking and heavy
equipment parking should be identified on the plat. (Department of Public Works)
K. The applicant shall enter into an off-site Public Road Maintenance and Improvements
Agreement with the Weld County Public Works Department for any improvements associated
with the proposed use. (Department of Public Works)
Resolution USR-1438
Floyd Winslow
Page 3
L. The applicant shall 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)or provide evidence that the improvements have
been completed. 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)
M. The applicant shall meet with the Weld County Sheriff's Office to discuss security and traffic
concerns. (Department of Planning Services)
N. The applicant shall submit evidence of an approved dust abatement plan to the
Environmental Health Services,Weld County Department of Public Health&Environment,for
review and approval. Evidence of the Department of Public Health approval shall be provided
to the Department of Planning Services. (Department of Public Health and Environment)
O. The existing septic system serving the home 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.
Evidence of the Department of Public Health approval shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
P. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR
1101-14) a spillage retention berm shall be constructed around the fuel tank. The volume
retained by the spillage berm should be greater than the volume of the largest tank inside the
berm. Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations. Evidence of the Department of Public Health approval
shall be provided to the Department of Planning Services. (Department of Public Health and
Environment)
Q. 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 the Department of Public Health approval shall be provided 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)
R. 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. Prior to certificate of occupancy:
A. An individual sewage disposal system is required for the proposed steel building (office
space and classroom)and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
Resolution USR-1438
Floyd Winslow
Page 4
5. Upon completion of 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)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use b y 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(crco.weld.co.us. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HCP VENTURES, LLLP & CAREERS WORLD WIDE
USR-1438
1. Site Specific Development Plan and a Special Review Permit for a business permitted as a use by
right or accessory use in the Industrial Zone District(truck driving and heavy equipment school)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 shall be from 8:00am to 5:00pm Monday through Saturday,closed on Sunday and
Holidays. (Department of Planning Services)
4. 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. (Department of Planning Services)
5 Prior to the Certificate of Occupancy for the proposed home the existing home shall be removed
from the property. (Department of Planning Services)
6. Any work that requires the placement of dredged or fill material,and any excavation associated with
a dredged or fill project, either temporary or permanent, in waters of the United States at this site,the
Department of the Army, Corps of Engineers should be notified for the proper permits or changes in
permit requirements pursuant to Section 404 of the Clean Water Act. (Department of Planning
Services)
7. The training trucks are limited to four in and out trips per day. The County Roads that serve this
facility are County Road 18 and 53. One hundred percent of the truck traffic shall use this haul
route. The trucks leaving this facility shall turn left of County Road 18, travel approximately%mile,
turn left of County Road 53, proceed south under 1-76 to State Highway 6 (Frontage Road) to the
Kersey Road(County Road 49)to 1-76 access,and return to the training facility using the same route.
Students and employees should also use this route to minimize additional traffic in the area.
(Department of Public Works)
8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve 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)
9. 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)
10. 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)
11. 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)
12. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
13. 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)
Resolution USR-1438
Floyd Winslow
Page 2
14. 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)
15. 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)
16. Adequate handwashing and toilet facilities shall be provided for employees and students of the
facility. (Department of Public Health and Environment)
17. 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)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
19. 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 Public Health and Environment)
20. Effective January 1,2003, Building Permits issued on the proposed lot will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)
21. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
22. 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)
23. An individual sewage disposal system is required for the proposed steel building (office space and
classroom) and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
24. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations.(Department of Public Health
and Environment)
25. Separate building permits shall be obtained for all buildings and structures such as signs.
(Department of Building Inspection)
26. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 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,
Residential, Mechanical, Plumbing and Fuel Gas Codes early in 2004). (Department of Building
Inspection)
27. 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)
28. 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)
Resolution USR-1438
Floyd Winslow
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.
30. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33. 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 Stephen Mokray
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 December 16, 2003.
Dated the 161h of December, 2003.
C ktbe 1- 1 n9-cK Lt--4---
Voneen Macklin
Secretary
1&- fit •O2tD3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2003
'----. A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24'/:, Longmont,Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30p.m.
ROLL CALL
Michael Miller
Bryant Gimlin - -
John Folsom
Stephan Mokray
James Rohn
Bruce Fitzgerald
Tim Tracy Absent • -
Doug Ochsner
Also Present: Don Carroll, Char Davis, Kim Ogle, Chris Gathman, Jacqueline Hatch
The summary of the last regular meeting of the Weld County Planning Commission held on December 2,
2003,was approved as read.
CASE NUMBER: USR-1438
APPLICANT: Floyd Winslow for HCP Ventures, LLLP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a business
permitted as a use by right or accessory use in the Industrial Zone District
(truck driving and heavy equipment school) in the A (Agricultural) Zone
District.
LOCATION: South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53.
Jacqueline Hatch, Planner, Department of Planning Services presented Case USR-1438, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
denial of the application along with the Conditions of Approval and Development Standards.
James Rohn asked Ms. Hatch about the hours of operation in the application being different from the
development standards and holidays are not mentioned. Ms. Hatch stated staff put specific hours in the
standards to help with the neighbor concerns.
Charles Tweedy, applicant, provided information with regards to the project. The school has been licensed
for 10 years. In that time there have been no accidents at the school. There are other schools in the area,
Sage, National, Unites States Truck Driving School. The training routes are established to exit from the area,
they travel west on CR 18 for 1/8 of a mile then south on CR 53 for a 1/4 of a mile then Hwy 6 to 176. There
are two road trucks that leave twice a day and arrive twice a day. There are no operation on Sunday or on
the six major holidays. There is a need for make up days for the students, this would be what the Saturdays
are for. Saturdays account for those students that cannot go full time to school and must work throughout the
week. The closest house is 1000 feet away. The intent is to utilize seven acres in the center of the parcel
for the facility. There has been some re-crushed asphalt placed on the facility and there will be more. The
dust will decrease once this process is completed. There are several heavy trucks in the area. CR 18 is a
short cut from the Kersey road. Weld County does not have the area to train the truckers so they go to Tower
Road for shifting,then to 170 and Smith Road into an industrial area to work on corners and turns. There are
then two days in Commerce City for more involved traffic and finally two days in the mountain traffic. Th.: ,.;.
^ county does not offer the areas to adequately qualify drivers. This school is not the only cause of the dus " `£ .& r"7
issue on the road. There is a dust issue on site with the area in back. The applicant is willing to adhere t. t 4
all the conditions and will assist in the dust control of the roads.The Towns of Hudson and Keenesburg hay: 'x ,-:1
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no objections.The applicant has talked with people in the area. The students spend money in the area. Thi• i —,
school is for those people that do not have a career or a higher educations and gives them the opportunit4.,- -
to better themselves. The school trains 6 people in week,this enables control of the driving and all situations ir, "
. ms's ,. >r
The training is guaranteed in writing. The issue with this being related to agriculture is evident. During harvest
season all the drivers are recruited from the school. The drivers are basically employed by the time schooling
is finished. These trucks are in the county and related to agriculture because they assist the farmer in carrying
the product to market. Instructors take the students to an area for training for first two days. The students
learn to shift on a vacant road not the county roadways. The students do drive back into the site on the third
day. The average training session will include shifting the truck 400 times. The instructors have 20 years
worth of experience individually. The students must qualify by having a good driving record,pass background
check and be able to verify what they have done for the past three years. There is more involved than most
people think. The students are pre-hired before they graduate. The jobs are over the road. In the center of
the property,where the training will occur, has dust in the summer that is bad but re-crushed asphalt will be
placed on site. This will mitigate some of the concerns from the neighbors. The equipment cannot be heard
by the neighbors. The applicant has intention on farming some of the ground. The applicant is not sure why
there is a need to rezone the property. The reason for rezone is because the use needs to be compatible
with agriculture. If this is the case how does the fireworks to the east work? It was staffs recommendation
to convert the well from domestic to commercial. They will be building a steel building with for classrooms
with a restroom and washbasin.The applicant has no desire to become any larger than the six students. The
desire is to put people to work. In order to become CDL compliant there is additional training required for the
instructors. Those instructors have to re-take classes every two years to re-qualify. The equipment must go
through safety issues. There is a backing pad on site that will run 8:00am-5:00pm. Safety is an issue from
the neighbors and he is willing to provide his safety record. The applicant does not feel as though he is
making a large impact on the area when he only runs two trucks from the site into the area.
James Rohn asked about training heavy equipment. Mr. Tweedy stated they train on three pieces of
equipment, front end loader, excavator and backhoe. There is no large equipment. The students could not
afford this and there is no guarantee of a job at the end of training. The intense training for this comes as on
the job training. This program runs $2995 for the program. The cost of the training at other schools is
approximately$5000. The is no maintenance for the trucks done on the property. The existing fuel tank can
be removed also. The equipment is serviced by Mobile One Truck Repair. The property will stay clean. Mr.
Rohn indicated his concern with heavy equipment and the dust associated with this moving of dirt. Mr.
Tweedy stated that when the heavy equipment is being utilized the students can never dig farther than three
feet down. The students are taught to maneuver with old tires then dig flat straight ditches. The heavy
equipment area will be a 200x400 foot area. The applicant is willing to purchase water truck to stay on site
so when it is dusty it can be addressed immediately. The individual instructors are exposed to the dust more
than anyone else. The recycled asphalt can be laid in a six week period and the dust problem will be
eliminated.
John Folsom asked about the heavy equipment and how many students are there in a day and how much
equipment. Mr. Tweedy stated there is one skid loader, one backhoe and one excavator. There is a class
once a month with a maximum of six students. There is much more involvement in training for heavy
equipment usage. This type of training involves more class room time also. The design of the school is for
trucks. These trucks are a rolling classroom.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
James Reese, neighbor, indicated the issue is a facility is not suitable. The compatibility is not there. There
have been industrial projects in the area. The trucks that are utilizing the roadway now are not suppose to
be there anyway. The biggest concern is safety. There have been instances in which traffic was backed up
while a truck was trying to make a corner. CR 18 is not wide enough for turn lanes. This facility was not done
right. They moved in and did what they wanted then asked permission. There are no permits for any of the
building that are on the property. The proper steps have not been taken. The facility does run seven days
a week, holidays and weekends. This applicant does not own the property he leases. The property will be
zoned industrial when these facility closes and it is surrounded by agricultural land.
Bill Stonebraker, neighbor to the east, stated that there is nothing wrong with the truck driving school but the
location is bad. Hwy 76 was covered in dust due to this project. This applicant will pay a road impact fee.
There could be an issue of liability on 176. The applicant will need to acquire extensive insurance. The
applicant needs to have building permits for everything out there. This should have been done first.
Christine Curl, neighbor, indicated there is noise associated with the site. Ms. Curl operates a business out
of their home and they can hear the noise from the trucks. The topography leads the noise to the north away
from the property. There is also noise heard from 176 and the railroad tracks. There is the dust issue
depending on the wind from south or north. The dust from the site is bad. Ms. Curl has had a very bad year
with ailments and she is attributing this to the site. The largest issue is with the diesel fumes from the trucks.
This is a rural residential area that is not compatible with a commercial type business. The adjoining
neighbors were not contacted.
Richard Robertson,neighbor a few miles away, indicated concern with the truck route and concerns with the
trucks. Mr. Robertson does not want to see this become an industrial site. If this is zoned industrial then can
the next person request the same thing? Industrial is not compatible with the area.
Bryant Gimlin clarified that this proposal will not change the zone on the property. This is a special use permit.
The property will still be zoned agricultural whether or not approved.
Randy Curl, neighbor, indicated his concern with area in back of property where the trucks are driven daily.
There is training done on the property so there is noise all day long. This does not belong in the area.
Voni Orman, Colorado Department of Higher Education for the Division of Private Schools, would like to
validate that this operation is run with high integrity. The department relies on Mr. Tweedy's expertise in the
field as a driving representative. This provides training for students that fills a need. Safety is a major concern
along with the liability issues that are connected to the industry. Safety focus is major concern for the school
and industry. The applicant does not have any intention on increasing the size of the facility. The size is
limited to provide quality training for the students.
Terry Douglas, operates heavy equipment portion of training for Mr. Tweedy. Some of the concern
surrounding obtaining the adequate permits was Mr. Douglas's fault. He was under the impression that the
previous operation was similar therefor he did no think he needed to obtain anything further. The thought was
that all that needed to be done was an application to the State. A letter was received from Carla Angeli,
Department of Planning Services, indicating a USR would need to be applied for. At that time things were
being collected for application. The heavy equipment has not been operated for two months until the issue
has been resolved.
Nancy Bickler,student,graduate from school,stated that on the backing hill on the property the trucks are not
allowed to accelerate. The noise from this is very limited because it is idling. The traffic concern comes from
176 and the train. The trucks are on the CR 18 and CR 53 for less than a mile. A majority of the training of
was near Sapp Brothers. The dust in the area has always been an issue in the area. The speed is so slow
that it does not create enough dust. There are several trucks on the road. The school is not a hazard and
this gives some a great opportunity to do something. -
Jim Thompson, neighbor, indicated the noise can be heard on the property. The impact of the trucks will be
immense. Dust in the area is another concern.
Richard Ziesemer, indicated that the main issue is the safety, to the public, environment, instructors and the
area.The trucks are on CR 18 and CR 53 for 6/10 of mile. The rest of the route is a paved roadway. Traffic
is not what is represented to be. There are locals that utilize the same roads. Safety is reviewed first.
Students are not allowed to get up to certain speeds on the backing pad. There are simple rules that are to
be followed. In the backing pad area there is to be no throttle, no shifting and no horn. An idling truck cannot
be heard from 100-110 feet on calm day. The wind will cause the noise to travel but that is the same for
everything. The zoning on the property will not change.The general public is safe from the noise and the dust.
Dust is a natural environment especially if there is wind. 90% of the dust can be eliminated with the addition
of the recycled asphalt on the site. Instructors have specific requirements that they must do. Instructors have
several years of experience.
The Chair closed public portion.
Charles Tweedy, added that the dust issue will be settled when the recycled asphalt is placed on the site.
There is a lot of truck traffic on CR 18. This facility will only have two trucks utilizing the roadway.
Doug Ochsner asked Mr.Tweedy about his trucks utilizing a different route. Mr. Tweedy stated they want to
get to a paved road as soon as possible rather than travel on a gravel road. The trucks are turned off when
not in use because of the cost of fuel would be to great.
John Folsom asked how many instructors the facility has. Mr.Tweedy stated there are five instructors. Mr.
Folsom asked if the instructors were hands on. Mr.Tweedy stated they are all hands on. Mr. Folsom asked
he would be agreeable to detaching the heavy equipment from the school. Mr.Tweedy stated it could be done
if need be.
James Rohn asked about a nearby industrial park and why they did not locate there. Mr. Tweedy stated he
looked for one year for property. He could not afford Adams County and liked Weld County. When he was
looking he was not aware of the industrial park or he would have looked there. Mr. Tweedy was under the
understanding that this property contained a similar business and there would be no issues with this type of
facility. Mr.Tweedy stated that there is zoning that would handle this facility but the issue is the financial loss.
James Rohn asked Ms. Hatch why this case was not brought before the Planning Commission sooner. Ms.
Hatch stated the operation was found through a violation first. The applicant then applied for the process.
John Folsom asked Ms. Hatch about code references and which is to be applied. Ms. Hatch indicated that
in an agricultural zone there may be a commercial or industrial use if a Use by Special Review is applied for.
James Rohn asked about the hours of operation. Mr.Tweedy has asked for Monday-Saturday from 8:00am
to 5:00pm. There will be no running on Sundays or the six major holidays. This would allow for them to give
up the night training.
John Folsom asked about the reference to building a training school. Mr. Tweedy would like to have some
class rooms with an adjoining bay for teaching purposes.
Stephen Mokray moved to accept the changes distributed by the Department of Planning Staff. James Rohn
seconded. Motion carried.
James Rohn indicated that the hours of operation should be amended to read "the hours of operation shall
be from 8:00am to 5:00pm Monday - Saturday. Holidays and Sundays to be closed." Stephen Mokray
seconded. Motion carried.
John Folsom indicated his concern on the limitations on students and trucks. Mr. Folsom proposed language
consisting of"Training trucks shall be limited to four trucks trips leaving and re entering the site each day."
Make this a new Development Standard 36 or add to Development Standard 7. Mr.Tweedy indicated that
there are four backing trucks, one stationary truck and two training trucks. Mr. Tweedy indicated that the
water truck would not be for training.
John Folsom indicated that the motion is specifically for leaving and entering the site for training purposes
every day. Mr. Miller added that the two trucks leave and return in the morning as well as evening. Mr.
Tweedy indicated the morning group, consisting of two students and an instructor, are taken out at 8:00am
and return at 11:30am, take a lunch then the afternoon group is taken out. This can be switched so the
students stay out the entire day.
John Folsom changed the motion to cover the four trucks entering and leaving during the day. James Rohn
seconded the motion. Motion carried
Charles Tweedy indicated that he does some additional CDL testing for other people. This is not a constant
thing. Some times trucks are brought to the site for testing. Mr. Miller added that the motion was for training
purposes only.
Charles Tweedy indicated his disagreement with being responsible for the dust control on the roads in the
area because he is not the lone user of the roads.
Doug Ochsner stated that he agrees with Mr.Tweedy. Mr. Carroll stated that the applicant is impacting the
area. There is additional truck traffic as well as the students and employees. Public Works feels as though
it is fair to supply dust control to the adjacent properties on the designated haul route.
Bryant Gimlin asked Mr. Carroll if a road impact fee will be assessed. Mr. Carroll indicated if a structure is
being built the fees apply county wide. The applicant is proposing to build a new structure. Mr. Gimlin stated
it does not seem fair to have the applicant pay the road impact fee and provide the dust control.
Michael Miller asked what was presently on site. Ms. Hatch stated that there were temporary building.
Lee Morrison asked about the traffic counts. Mr. Carroll stated the counts were 60-90 vehicles without his
traffic. Mr. Morrison added that the dust control needs to be proportionate to the traffic. This is in the form
of an improvements agreement. These are done relative to imposing a reasonable action related to the
impact. If there is a requirement for an agreement then staff can work the final amount out in the end based
on the impact.
Bryant Gimlin moved to delete 3G,replace Development Standard 8 with the following language"the applicant
shall enter into a road improvement agreement with Public Works to address dust control and the
proportionate expenses on CR 18 and CR 53." Stephen Mokray seconded. Mr. Carroll added that he was
not asking the applicant for this much. Public Works wanted dust control in front of the residence on CR 18
and CR 53 not the entire stretch. Mr. Gimlin clarified that this motion is for the applicant to enter into an
agreement which would define the distance and share. Mr. Morrison stated that the dust control could be
limited to the residences in the agreement. Mr. Carroll indicated he has already started a draft agreement.
Bryant Gimlin restated the motion as deleting 3G, Development Standard#8 and replace with the following:
"the applicant shall enter into an road improvements agreement with the Department of Public Works to
address dust control and the proportionate expense on CR 18&CR 53." Mr.Carroll stated there are houses
affected on CR 53 and CR 18. Stephen Mokray seconded.
James Rohn asked if there was any plan on paving CR 18 or CR 53 in the future. Mr. Carroll indicated he is
not aware of any at this time.
James Rohn moved that Case USR-1438, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of denial. There was no second
Bryant Gimlin stated there is a tremendous amount of dust control measures within these documents and this
will help in the mitigation of the issues.
Bryant Gimlin moved that Case USR-1438, 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,no; Doug Ochsner,
yes; Bruce Fitzgerald, yes. Motion carried.
Dough Ochsner commented that this should have been brought to the Planning Commission earlier. It would
have made things easier for everyone involved.
Bryant Gimlin commented that this is tied to agricultural purposes because there is a need for licensed drivers.
CASE NUMBER: USR-1449
APPLICANT: Raeben Sellers/Tamijo LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SE4 NE4 Section 17,T1 N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Permit for a Use by Special Review for
a Single Family Dwelling Unit on a Legal Lot and a Home Business in the A
(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 17
Jacqueline Hatch, Planner, Department of Planning Services presented Case USR-1449, 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.
John Folsom asked for definition of non buildable. Ms. Hatch stated that it was 40 acres and in November of
1999 the lot was created without county procedures. Mr. Folsom asked what the need was to make a
buildable lot, is there a hardship. Ms. Hatch stated it was a single family home.
James Rohn asked how they can approve the application if they have a legal non buildable lot. Ms. Hatch
stated they are asking for Use by Special Review to allow them to build.
Bruce Fitzgerald asked where the site will be addressed from. Ms. Hatch stated the applicant went off CR
10 but staff suggests addressing off CR 17.
John Folsom indicated two issues, one is the single family dwelling and the other is the home business. Mr.
Morrison stated if the applicant is not willing to drop one the application must be done as a whole.
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