HomeMy WebLinkAbout20223132.tiffBEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER
EXHIBIT
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Moved by Michael Wailes, 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: USR22-0020
APPLICANT PIERCE HARDY LIMITED PARTNERSHIP. CIO 84 LUMBER COMPANY
PLANNER MAXWELL NADER
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A LUMBERYARD AND TRANSLOADING FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B OF RE -449. BEING PART OF THE NE4NE4 OF SECTION 33.
T6N, R66W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 64: WEST OF AND ADJACENT TO NORTH
59TH AVENUE (CR 31)
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 22-2-30.8.2 -- Locate urban development in urban areas states, "Urban -scale
development shall only be placed where urban services, including public water, are available."
The site currently has services provided by North Weld County Water District and eventually
could have the ability to be serviced by the City of Greeley water and sewer. This ability allows
the area to be development in an urban manner.
Section 22-2-40.A.1 -- Support compatible economic development opportunities states, "Identify
target areas where the County is able to encourage shovel -ready commercial and industrial
development."
The existing site has been developed already, with an existing USR for a solid waste disposal
site and facility (recycling facility/transfer station). The proposed use will utilize the existing
structure on site. The site is ready for new development. Additionally, the properties around it are
existing industrial sites with the City of Greeley's Imagine Greeley Land Use Guide Map defining
this area as a Neighborhood Center with properties defined as Employment. Industrial, and
Commercial Areas.
Section 22-2-40.A.3 -- Support compatible economic development opportunities states, "Plan
and invest in a robust transportation system that connects markets and population centers.
The subject property is bounded on the north by County Road 64 ("O" Street), on the west by
County Road 31 (N 59'h Avenue) and on the south by railroad tracks. County Road 64 is
designated as an arterial road per Weld County and County Road 31, which is annexed into the
City of Greeley has been designated an arterial road per the City. The site will utilize the rail for
delivery of materials The roadways and rail currently and will continue to connect the market to
the population centers.
The site is located in the North Greeley Rail Corridor Subarea. The North Greeley Rail Corridor
Subarea Plan was incorporated into the Weld County Code as Appendix 22-A via Ordinance
2010-4 dated July 12, 2010. This Subarea Plan is designed to create opportunities for
landowners along the rail corridor extending from just west of County Road 23.75 to about one
(1) mile east of County Road 31. Industries will be attracted to the Subarea because of the
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY
PAGE 2
availability of significant transportation modes such as the railroad tracks
The site is also in an Opportunity Zone and although this is not a Change of Zone it is a
commercial use and therefore the location of this business is consistent with the Comprehensive
Plan's intent to place commercial businesses within one -quarter mile of railroads
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District
Sec 23-3-10 -- Intent, of the Weld County Code states "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the county The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses "
Section 23-3-40 P -- Uses by special review, of the Weld County Code allows for a
"Lumberyards/woodworking" in lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District This code section allows the applicant to apply for the lumberyard
component of the proposal
Section 23-3-40 II -- Uses by special review, of the Weld County Code allows for a
"Transloading" facility in lots outside of a subdivision and historic townsite in the (A) Agricultural
Zone District This code section allows the applicant to apply for the transloading facility
component of the proposal
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent unincorporated lands are zoned A (Agricultural) and I-1 (Light Industrial), The
properties annexed by the City of Greeley are about 400 feet southwest of the site and are zoned
1-2 (Medium Industrial) The surrounding land uses to the north, east, and south consist of
irrigated, dryland agricultural Commercial and industrial uses are concentrated to the southwest
of the site
There are nine (9) USRs within one mile of the site and two (2) SPRs To the north of the subject
property there is one (1) natural gas facility, USR-598 To the east of the subject property there is
one (1) mining operation, USR-247AM2, one (1) resource development facility, USR-1779, one
(1) telecommunication tower, USR-1515 To the south of the subject property there is one (1)
kennel, USR-1587, one (1) second dwelling, USR18-0014 To the west of the subject property
there is one (1) gravel mining operation, USR-900, one (1) mineral resource development facility,
2AMUSR-897, one (1) excavating company, SPR21-0005, and SPR-4
The Weld County Department of Planning Services sent notice to twenty (20) surrounding
property owners within five hundred (500) feet of the subject property There were no email or
phone calls received regarding the proposed application
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region
D Section 23-2-220 A4 -- 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
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE3
The site is located within the three (3) mile referral area of the City of Greeley The City of
Greeley had many comments in their referral comments; dated September 7, 2022 Most
comments were advisory and related to the design of the site which is captured in the landscape
plan Other comments were related to the stormwater/drainage requirements which will be
captured in the required drainage report per Development Review -
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code /
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay ,
District, A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm
Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Municipal
Separate Storm Sewer System (MS4), a Special Flood Hazard Area, or the Historic Townsites
Overlay District The site is located in the North Greeley Rail Corridor Subarea
Building Permits issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs
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 proposal is located on approximately 10 7 acres No prime agricultural land is affected by
this proposal Half of the site is currently developed and with this proposal the entire property will
be developed Due to the size of the property and the historic use of the site no agricultural land
will be impacted by this proposal
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
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 can ensure that
theee 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 map
A The applicant shall acknowledge the requirements of' the City of Greeley, as stated in the
referral response dated September 7, 2022 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Department of Planning Services)
B The applicant shall acknowledge the requirements of the Greeley Fire Department, as stated in
the referral response dated August 18, 2022 Written evidence of such shall be submitted to
the Weld County Department of Planning Services (Department of Planning Services)
C The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 24, 2022 Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services (Department of
Building Inspection)
D The applicant shall record Lot Line Adjustment LLA22-0010 plat prior to recording the USR22-
0020 Map (Department of Planning Services)
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE 4
E There is a Use by Special Review Permit USR-1670, reception #3683459, fora solid waste
disposal site and facility (recycling facility/transfer station) in the A (Agricultural) Zone District
on Lot A of RE -449 The applicant shall submit a letter requesting a vacation of USR-1670
This USR-1670 shall be vacated prior to recording the USR22-0020 Map (Department of
Planning Services)
F An updated Landscape and Screening Plan shall be, submitted to and approved by the
Department of Planning Services that screens the site from the surrounding property owners
and rights -of -way and includes the proposed lighting for the site (D'epartment of Planning
Services)
G A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required (Development Review)
H A Final Traffic Impact Analysis stamped and signed by a Professional Engineer registered in
the State of Colorado is required (Development Review)
An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements
(Development Review)
J The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0020 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
J
'3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-
240 A 13 of the Weld County Code addresses the issue of trash collection areas
(Department of Planning Services)
5 The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan (Department of Planning Services)
6 The map shall delineate the onsite lighting in accordance with the approved Lighting
Plan (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 of the Weld County Code (Department of Planning Services)
8 The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services)
9 CR 64 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical
location of the road All setbacks shall be measured from the edge of right-of-way This
road is maintained by Weld County (Development Review)
10 This portion of County Road 31 (also known as N 59th Street) is under the jurisdiction of
I'
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE 5
the City of Greeley Please contact the municipality to verify the right-of-way Show and
label the right-of-way If applicable, show the approved access(es) on the site plan and
label with the approved access permit number (Development Review) /
11 Show and label the existing proposed access locations onto CR 64 and CR 31 Show
and label the access width and the appropriate turning radii on the map The applicant
must obtain an access permit in the approved locations prior to construction
(Development Review)
12 Show and label the approved tracking control on the site plan (Development Review)
13 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so thatthe longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed In no event, shall the
,distance from the gate to the edge of the traveled surface be less than 35 feet
(Development Review)
14 Show and label the accepted drainage features Stormwatepponds should be labeled as
"Stormwater Retention, No -Build or Storage Area" and shall include the calculated
volume (Development Review)
15 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) 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)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the\date of the Board of County Commissioners Resolution, a $50 00
recording continuance fee shall be added for each additional 3 -month period (Department of
Planning Services)
4 Prior to Construction'
A The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY
PAGE 6
Motion seconded by Michael Pahzzi
NOTE
For Passage Against Passage
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Absent
1
Elijah Hatch
Sam Gluck
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 Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 1, 2022
Dated the 1st of November, 2022
Kristine Ranslem
Secretary
6
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pierce Hardy Limited Partnership (84 Lumber Company)
USR22-0020
1 A Site -Specific Development Plan and Use by Special Review Permit, USR22-0020, fora lumberyard and
transloading facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
subjectito 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 The hours of operation are 7 00 am to 6 00 pm Monday through Friday and 8 00 am to 12 00 pm on
Saturday (Department of Planning Services)
4 The number of on -site employees shall be up to 1,0 full-time employees and 5 part-time employees, as
stated in the application materials (Department of Planning Services)
5 The parking area on the site shall be maintained (Department of Planning Services)
6 The storage area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
8 The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the accepted Landscape and Screening Plan (Department of Planning Services)
9 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R S ) 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 (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 The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
1
12 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan
(Department of Public Health and Environment)
13 This facility shall adhere to the maximum permissible noise levels allowed in in the Light Industrial Zone
as delineated in 25-12-103 C R S (Department of Public Health and Environment)
14 Any On -site Wastewater Treatment System located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public Health
and Environment)
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE S
15 Any additional hydraulic load to the existing On -site Wastewater Treatment System (SP -0900146) will
require an Evaluation from a Colorado Registered Professional Engineer The engineer's evaluation shall
be submitted to the Weld County Environmental Health Department In the event the system is found to
be inadequate, the system must be brought into compliance with current Weld County On -site
Wastewater Treatment System Regulations (Department of Public Health and Environment)
16 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary
purposes (Department of Public Health and Environment)
17 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
18 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to'
Chapter 15, Article I and II, of the Weld County Code (Development Review)
19 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
20 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
21 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement (Development Review)
22 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Development Review)1
23 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates (Development Review) '
24 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
25 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
26 Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
27 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets No colored lights may be used which may be confused
with, or construed as, traffic control devices (Department of Planning Services)
28 Building permits shall be required for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code A building permit application must be completed and submitted
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently, the following have been adopted by Weld County 2018 International
Building Codes, 2018 International Residential Code, 2020 International Energy Code, 2017 National
Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit
must be issued prior to the start of construction (Department of Building Inspection)
29 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY
PAGE 9
30 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the properly comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
31 The Use by 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
33 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date' of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit; or the Permit shall be vacated Thenirector of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
34 A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
35 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
36 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
RESOLUTION USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY
PAGE 10
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
i
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety, but
also for the protection of the farmer's livelihood
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1; 2022
so
S` z t
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice -
Chair. Butch White, at 12:30 pm.
Roll Call.
Present: Skip Holland. Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER:
APPLICANT.
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR22-0020
PIERCE HARDY LIMITED PARTNERSHIP. CIO 84 LUMBER COMPANY
MAXWELL NADER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A LUMBERYARD AND TRANSLOADING FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LOTS A AND B OF RE -449, BEING PART OF THE NE4NE4 OF SECTION 33,
T6N, R66W OF THE 6TH P M . WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 64; WEST OF AND ADJACENT TO NORTH
59TH AVENUE (CR 31).
Maxwell Nader, Planning Services, presented Case USR22-0020, reading the recommendation and
comments into the record. Mr. Nader stated that no correspondence was received from surrounding
property owners. The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Jim Zaunick, 84 Lumber, 1019 Route 519, Eighty Four, Pennsylvania, stated that they purchased this
property with the intention of turning the existing facility into a contractor yard with limited retail services.
He added that there would be 3000 square foot of retail space but the intent of the property is to be used
mainly for contractors. Mr. Zaunick said that there will be 10 to 15 employees and hours of operation will
be Monday through Friday, 7 a.m. to 6 p.m. He added that they are currently working with the railroad on
getting the agreement finalized to haul product on rail. He added that there will be two (2) rail spur spots
to alleviate a lot of the truck traffic. Mr Zaunick stated that they will have screening along O Street for
visibility concerns. With regard to fire protection, Mr Zaunick stated that the well on -site pumps into a
storage tank that services the full sprinkler system in the existing building.
Commissioner Wailes referred to the City of Greeley's plans to construct a round -a -bout at that intersection
and asked if this proposed site plan will work with the proposed round -a -bout. Mr. Zaunick said that they
had a meeting six (6) months ago and have received the plans for the round -a -bout and as it stands now
the proposed round -a -bout will not affect the access to their site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR22-0020 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval.
Moved by Michael Wailes, Seconded by Michael Palizzi.
1
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Michael Palau, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland
Meeting adjourned at 2 36 p m
Respectfully submitted,
Kristine Ranslem
Secretary
J
2
ATTENDANCE RECORD
NAME -
PLEASE
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ADDRESS
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Doe
123
Nowhere
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