HomeMy WebLinkAbout20210050.tiffHEARING CERTIFICATION
DOCKET NO. 2020-75.B
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 January 6, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair 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:
I hereby certify that pursuant to a notice dated October 22, 2020, and duly published
October 28, 2021, in the Greeley Tribune, a public hearing was conducted on December 16, 2021,
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. Bob Choate,
Assistant County Attorney, made this a matter of record.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and location of the site, which is on County Road (CR) 23. She stated there are 12 USRs within
one (1) mile of the site, there will be a maximum of 28 employees, and she reviewed the hours of
operation and equipment utilized for the business. Ms. Snyder explained a single family residence
is being constructed on the property and a 24,000 -square -foot parking area will be surfaced with
gravel. She relayed this USR is the result of active zoning violation, ZCV19-00159, initiated due
to the operation of the drilling business, associated storage and employee parking without first
completing the necessary Weld County permits. Ms. Snyder went on to describe the shared
access from CR 23, which is maintained by the City of Fort Lupton, and further detailed the City's
referral comments addressed in the Conditions of Approval (COA) and Development
Standards (DS). She explained the history of the site, including building violations which are being
addressed separately from this USR process. Ms. Snyder referenced a letter of objection, signed
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HEARING CERTIFICATION - LONNIE SHOEMAKER (USR20-0028)
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by six (6) surrounding property owners (SPOs) representing three (3) properties, the day before
the Planning Commission Hearing (PC Exhibit 1), citing noise from trucks, light at all hours,
blowing dirt, blowing trash, outdoor storage, fence encroachment, odor and increased criminal
activity. Ms. Snyder displayed images of the site and surrounding views, explained the seven (7)
review criteria used for approval of a USR, and entered the unfavorable recommendation of the
Planning Commission into the record as written. She further stated the City of Fort Lupton's
Comprehensive Plan designates this area for future Agricultural and Residential Uses, confirmed
the City of Fort Lupton controls the road, and noted the area is located 2.5 miles away from the
nearest Weld County Opportunity Zone.
▪ In response to Commissioner James, Ms. Snyder confirmed the County has a Coordinated
Planning Agreement with the City of Fort Lupton, and reiterated the access is controlled by
Fort Lupton.
• Zackery Roberson, Department of Public Works (PW), provided a brief overview of the
transportation plans and reiterated the access road is under the jurisdiction of the City of
Fort Lupton; therefore, staff is requesting written confirmation of an Access Permit from
Fort Lupton. Mr. Roberson explained, due to the commercial use of the site and the type of traffic
being generated, a Road Maintenance Agreement is required as a COA for traffic generated on
the County -maintained road, and a Final Drainage Report will be completed and adhered to.
▪ Lauren Light, Department of Public Health and Environment (EH), stated the site is currently
served by an individual domestic well sized for five (5) bedrooms, which cannot be used for the
business unless it is re -permitted for commercial use. She explained a screened portable toilet,
is allowed in accordance with EH policy, since employees are not onsite more than two (2) hours,
and the application indicates the use of road base will reduce dust and water would have to be
hauled in. She stated EH has included typical dust and waste items and the site will be limited to
the Residential noise limit. She stated DS #17 — 24 address EH items.
• Lonnie Shoemaker, applicant, confirmed the access to the north has now been closed, and
after speaking with all of his neighbors, he agreed to install a sound barrier for noise control. He
clarified his contractor was not properly handling the necessary permits and is no longer in charge
of this project, thus many of the violation issues are now being resolved. Mr. Shoemaker described
his business of installing power and fiber optics throughout the region, and explained the business
utilizes crew pickups, which cuts down on traffic and will be reflected in the amended Traffic
Report. He explained 28 employees would be the maximum employed; however, he currently
only employs 16. Mr. Shoemaker relayed a drainage report will be submitted, along with a design
of the detention pond, an Agricultural Exempt Permit has been applied for, and the traffic on
CR 23 could be high due to the permitted use north of CR 23. In response to Chair Moreno,
Mr. Shoemaker confirmed he has met with all surrounding neighbors and, in response to
Commissioner James as related to Section 22-2-230.C.1, Mr. Shoemaker explained, since the
trees were found to be inadequate for screening, corn stalk bales will be placed as sound barriers.
Commissioner James went on to cite Section 23-2-230.B.2 (consistency with intent of the
A (Agricultural) Zone District) and Mr. Shoemaker provided examples of how his company serves
the agricultural community.
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HEARING CERTIFICATION - LONNIE SHOEMAKER (USR20-0028)
PAGE 3
Steven Gill, SPO, confirmed he has been working with the applicant to reduce the noise. He
stated he is in agreement with the sound barrier, so long as it does not go to the end of the road
for sight distance purposes.
In response to Chair Moreno, Mr. Shoemaker stated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards and has no requested changes.
Commissioner Saine suggested a continuance to allow additional time for the applicant to
complete the requirements for screening, as well as the items related to the violations.
Mr. Shoemaker requested he be given more than 30 days to vacate if this USR application is
rejected. Commissioner Freeman explained, since the biggest concern is regarding screening,
direction can be given to staff. Commissioner James stated an updated Traffic Study and
Screening Plan would help mitigate the impacts of the proposed use to satisfy the IGA with the
City of Fort Lupton. Commissioner Freeman stated this is somewhat of a residential area and
agreed a continuance would allow the applicant to submit a Noise Study, an updated Traffic Study,
and a Screening Plan. There was some additional discussion for clarification to the applicant
regarding requested studies and an application for a Commercial Building Permit.
Commissioner James moved to continue 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, to March 3, 2021, at 10:00 a.m., to
allow the applicant additional time to update and submit various plans and studies. The motion
was seconded by Commissioner Buck, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:13 a.m.
This Certification was approved on the 11th day of January, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattAgA) Jelep;oe,
Weld County Clerk to the Board
BY: /r/l G v
Deputy Clerk to the Board
Steve ; oreno, Chair
Lori Saine
2021- 0050
PL2773
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