HomeMy WebLinkAbout20210109.tiffHEARING CERTIFICATION
DOCKET NO. 2020-75.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0028, FOR OUTDOOR STORAGE OF PUBLIC UTILITY -RELATED EQUIPMENT
AND USES (PUBLIC UTILITY SUPPORT AND SERVICE) SIMILAR TO THE USES
LISTED (OIL AND GAS SUPPORT AND SERVICE) AS PERMITTED AS LONG AS THE
USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE DISTRICT IN THE
A (AGRICULTURAL) ZONE DISTRICT - LONNIE SHOEMAKER
A public hearing was conducted on March 3, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Zackery Roberson
Health Department representative, Lauren Light
The following business was transacted:
(Clerk's Note: Chair Moreno's Call to Order and introduction of the case was not captured in the
audio recording.)
I hereby certify that pursuant to a notice dated October 22, 2020, and duly published
October 28, 2020, in the Greeley Tribune, a public hearing was conducted on December 16, 2020,
to consider the request of Lonnie Shoemaker, for a Site Specific Development Plan and Use by
Special Review Permit, USR20-0028, for Outdoor Storage of public utility -related equipment and
uses (public utility support and service) similar to the uses listed (oil and gas support and service)
as permitted as long as the use complies with the general intent of the Zone District in the
A (Agricultural) Zone District. At said hearing, the matter was continued to January 6, 2021, to
allow the case to be heard by the Planning Commission on December 15, 2020. On January 6,
2021, the matter was continued to March 3, 2021, to allow the applicant to explore screening
options. Bob Choate, Assistant County Attorney, made this a matter of record.
Angela Snyder, Department of Planning Services, relayed this case was continued from the
original hearing to provide the applicant time to produce a Noise Study and a Landscaping and
Screening Plan, which have now been submitted. She stated this request is for a directional
drilling company located outside the City of Fort Lupton, and confirmed the residence has
received a Certificate of Occupancy, the barn has received its Agricultural Exempt Certificate and
the permits for the remaining buildings cannot be finalized until the commercial use is approved.
Ms. Snyder reiterated there is now a Noise Study, a Traffic Study and proposed screening.
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Zackery Roberson, Department of Public Works, stated he received the first Drainage Report,
which has not yet been reviewed.
Lauren Light, Department of Public Health and Environment, stated the noise study meets
the Commercial limit, except between the hours of 4:00 a.m. and 7:00 a.m., when it should be
55 decibels and they are above that limit; therefore, they do not meet the Commercial noise limit,
based on the submitted Noise Study.
e Lonnie Shoemaker, applicant, reviewed the results of the Noise Study and explained there
was a grader running on the property the day the Noise Study was performed. In response to
Chair Moreno, Ms. Light explained the residential noise level from 7:00 a.m. to 7:00 p.m. is
55 decibels, and at nighttime it is 50 decibels; however, according to the graph submitted by the
applicant, levels are between 55 and 60 between 4:00 a.m. and 7:00 a.m., without taking into
account the grader activity. Ms. Snyder stated the blue line on the Noise Study graph indicates
results from the north side of the property, and the orange line indicates sound levels on the south
side. Mr. Shoemaker stated they don't start working until 6:30 a.m., and further explained some
of the activities which took place the day the study was performed. Mr. Choate stated, based on
what is presented, there would only be evidence to support daytime -only operations under the
Commercial standard or the Industrial standard; however, there is not enough evidence to meet
the Residential standard. There was in-depth discussion between the Board and Mr. Choate
regarding state statute and the code regarding the Commercial Zone, Industrial Zone and
Residential Zone noise levels. Mr. Choate clarified the applicant has evidence he can meet the
Commercial standard during the day. In response to Commissioner Freeman, Mr. Shoemaker
confirmed the employees park vehicles, which leave once a day and come back once a day. Mr.
Shoemaker pointed out the wind is at 57 decibels, which is higher than the noise generated from
his business. Mr. Choate explained establishing a noise standard is not a waiver of conditions,
rather, the Board should determine the appropriate standard in order to make the use compatible
with the area. In response to Commissioner Freeman and Chair Moreno, Mr. Roberson stated the
Traffic Study was conducted; however, while it was being developed for this case, the road was
annexed by the City of Fort Lupton, which has submitted a referral stating no concerns.
Ms. Snyder relayed there was also a request for a Landscape and Screening Plan, which has
been submitted, and which screens from adjacent properties, but there is no screening from the
road. Mr. Shoemaker indicated he spoke to Mr. Gill, the northern neighbor, regarding the noise
barrier and installed corn stalk bales stacked three (3) high. Regarding screening from the road,
he stated the site is setback 250 feet from County Road (CR) 23, the trees are planted on the
other side of the south neighbor's driveway, and Fort Lupton has annexed the road and has
approved an access on the north side. In response to Chair Moreno, Ms. Snyder explained the
Landscaping and Screening Plan does not meet the Code requirements, the parking needs to be
screened from the road, and she displayed the residential and commercial accesses, both
annexed by Fort Lupton. Mr. Shoemaker asserted he cannot have permanent screening on the
pipeline easement to the north.
Steven Gill, neighbor to the north of the property, stated the location of the bales was
discussed and they are working well.
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IR In response to Commissioner James, Ms. Snyder stated straw bales are temporary and
screening would have to be maintained if access to the pipeline easement became necessary. In
response to Chair Moreno, Mr. Shoemaker confirmed the bales are on his property, the pipeline
has an easement through his property, there are no bales within 30 feet of the closest pipeline,
and the access road is still accessible. In response to Commissioner Saine, Mr. Shoemaker
inquired regarding the screening requirements, and Mr. Choate explained there is some discretion
available to the Board. In response to Commissioner Freeman, Ms. Light reiterated the applicant
would not meet the Commercial Zone noise standards, although they would meet the Light
Industrial zone standards. Mr. Shoemaker reiterated the wind and adjacent roadway traffic
generated readings that are louder than the majority of the business operations. In response to
Commissioner Saine, Mr. Shoemaker confirmed he did hire out the Noise Study, in addition to
placing a car counter out on the road. Mr. Choate explained, based on the evidence submitted,
the Board can set the Light Industrial standard, or adjust the hours to meet the Commercial
standard. In response to Commissioner Freeman, Ms. Snyder displayed a map of the neighboring
residences, and Mr. Shoemaker confirmed the straw bales screen the property to the north. Ms.
Snyder pointed out the nearest residence to the south, which shares the personal access, and
explained the surrounding USRs, stating most are for gravel mining located on CR 25 or CR 21.
Mr. Shoemaker pointed out there is a USR north of his property for the same type of business.
Ms. Snyder explained zoning in the area is mostly A (Agricultural), with some I (Industrial) on
U.S. Highway 85. In response to Commissioner Saine, Mr. Choate reiterated the two options the
Board could take. Commissioner Buck relayed she believes the best way for the applicant to
remain in compliance is to change the Noise Standard to Light Industrial. In response to
Commissioner James, Ms. Snyder confirmed the Planning Commission recommended denial. In
response to Mr. Shoemaker, Commissioner James explained the application must be consistent
with Chapter 22 of the Comprehensive Plan; therefore, the Board needs to present findings which
confirm this Use is compatible with surrounding uses.
IR At the request of Commissioner Saine, Chair Moreno recessed the meeting for five (5)
minutes.
Chair Moreno reconvened the hearing at 11:46.
IE Mr. Roberson stated he would like to insert an addition to the Conditions of Approval. There
was additional discussion among the Board regarding the record as it has been presented and
the need to conform to the Code, while still recognizing the need for flexibility and the County
being pro -business. Commissioner Freeman stated he believes this application is compatible with
the neighborhood, the results of the Noise Study are questionable, the one neighbor to the north
is in support with the noise barrier in place, and he supported enforcing the Light Industrial noise
standard. Commissioner James reiterated his opinion stating the application has to conform to
Code, specifically Section 23-2-230.B.1, the use is consistent with Chapter 22. Mr. Choate
interjected he and staff take the Board's comments and findings and incorporate them into the
final Resolution and suggesting the Board review the Planning Commission recommendation,
which found the application meets approval criteria five (5) and six (6). Commissioner James went
on to cite Section 22-2-230.D.2 and Ms. Snyder confirmed the Fort Lupton Department of
Transportation approved the access permit; however, the City of Fort Lupton's referral indicated
the proposal does not comply with their Comprehensive Plan, which is why staff added the request
for adequate buffering, to protect the surrounding agricultural and land uses called out in Fort
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Lupton's Comprehensive Plan. Following further discussion among the Board, Mr. Choate
recommended against deleting the Noise standard, since there is a County Noise Ordinance,
which is used in different circumstances than Land Use, and there is an argument that it would
apply. In response to Commissioner James, Ms. Snyder confirmed there is a
Cooperative Planning Agreement with the City of Fort Lupton. In response to Mr. Shoemaker,
Commissioner Freeman explained the request does not meet the long-term plan of the City of
Fort Lupton, but he doubts that surrounding gravel mining and other similar operations do, and
the City can choose to annex in designated areas if these types of operations are not compatible
with their long-term plans.
El Commissioner Freeman stated, beginning with Section 23-2-230.B.1, "The proposed use is
consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect."
Commissioner Freeman commented this application does meet the Chapter 22 requirements in
the Code, as these types of operations are related directly to storage for oil and gas and
agriculture allowed in the Agricultural Zone. He then moved on to Section 23-2-230.B.2, asserting,
"The proposed use is consistent with the intent of the A (Agricultural) Zone District. As to Section
23-2-230.B.3, "The uses which will be permitted will be compatible with the existing surrounding
land uses," Commissioner Freeman stated the applicant has demonstrated there are other
operations identical to this in the area, as well as gravel mine operations, which seems to make
it compatible with surrounding uses in the area. He cited Section 23-2-230.B.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.", and stated future development is projected to remain
agricultural and oil and gas Uses. Commissioner Freeman pointed out they have met
Sections 23-2-230.6.5 and B.6, as well as Section 23-2-230.6.7 "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 the health, safety, and welfare of the inhabitants of the neighborhood and
County."He stated this is an operation that is doing nothing other than employees parking vehicles
leaving in the morning, and returning at the end of the day, which certainly meets the health and
safety requirements. Additionally the City of Fort Lupton granted them an Access Permit for this
operation under their Code, so it meets their safety standards as well, for transportation.
Commissioner Freeman stated, with those findings in place, he moved to approve the request
of Lonnie Shoemaker for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0028, for Outdoor Storage of public utility -related equipment and uses (public utility
support and service) similar to the uses listed (oil and gas support and service) as permitted as
long as the use complies with the general intent of the Zone District in the A (Agricultural) Zone
District), with the Conditions of Approval and Development Standards. The motion was seconded
by Commissioner James.
Mr. Roberson requested the addition of a new Condition of Approval (COA) #1.F.14 to state,
"The applicant shall provide adequate site distance triangles to ensure safety of the access."
Commissioner Freeman requested deletion of COA #1.A (Landscape and Screening Plan) since
there is still a Development Standard regarding screening. Ms. Snyder suggested deletion of
COA #5.A, which was inserted as a clerical error. Commissioner Freeman supported amending
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DS #21 to change the noise standard from the Residential Zone to the Light Industrial Zone. The
Board agreed to all of the aforementioned changes.
e In response to Chair Moreno, Mr. Shoemaker indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
e No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
IR Commissioner Freeman resubmitted his motion to approve the request of Lonnie Shoemaker
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0028, for
Outdoor Storage of public utility -related equipment and uses (public utility support and service)
similar to the uses listed (oil and gas support and service) as permitted as long as the use
complies with the general intent of the Zone District in the A (Agricultural) Zone District, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards, as amended. The motion was seconded by Commissioner
James. Chair Moreno requested a roll call vote and it carried four (4) to one (1), with Chair Moreno
opposed. There being no further discussion, the hearing was completed at 12:14 a.m.
This Certification was approved on the 8th day of March, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datittivi . eL;(ir.
Weld County Clerk to the Board
BY: / "l/G it 4 -
Deputy Clerk to the Board
Steve M • eno, Ch. it
Scmes, Pro -T
Perry L. Bu
Mike Freeman
2021-0109
PL2773
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