HomeMy WebLinkAbout20201336.tiff XHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION t --
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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 : USR20-0003
APPLICANT : ROBERT AND DONNA ACKERMAN
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES , SIMILAR TO THE USES LISTED AS PERMITTED AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
ZONE DISTRICT FOR AN AGRICULTURAL SUPPORT AND SERVICE
FACILITY AND MORE THAN ONE ( 1 ) CARGO CONTAINER IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT B REC EXEMPT RECX14-0114 , PART NE4 SECTION 10 , T4N , R66W
OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : APPROXIMATELY 4750 FEET NORTH OF CR 46 AND APPROXIMATELY
1435 FEET WEST OF CR 33 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code .
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows :
A . Section 23-2-220 .A . 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect .
Chapter 22 , Article II , Section 22-2-20 . B . 2 A . Policy 2 . 2 . states - Allow commercial and industrial
uses , which are directly related to or dependent upon agriculture , to locate within agricultural areas
when the impact to surrounding properties is minimal or mitigated and where adequate services
and infrastructure are currently available or reasonably obtainable . These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of agricultural
land from production . "
The applicant proposes to utilize an approximate thirteen ( 13) acre parcel located well off of a publicly
maintained road for the Ackerman business , including activities associated with an Agricultural
Support and Services establishment , including contracting , farm equipment sales , repair and
installation facilities , grain , seed , feed , and fertilizer retail and wholesale sales and livestock sale
barns .
Chapter 22 , Article II , Section 22-2-20 . A . Goal 9 states ` Reduce potential conflicts between varying
land uses in the conversion of traditional agricultural lands to other land uses . "
Per this recommendation , the attached Development Standards , and the Conditions of Approval will
assist in mitigating the impacts of the proposed facility on the adjacent properties and ensure
compatibility with surrounding land uses and the greater community .
Chapter 22 , Article II . Section 22-2 - 80 . F . 2 I . Policy 6 . 2 . states " Support the use of visual and sound
barrier landscaping to screen open storage areas from residential uses or public roads .
As a condition of approval , the applicant is required to construct an opaque screen for all areas of
outdoor storage and all areas associated with the parking storage and staging of equipment and
materials from adjacent property owners and properties and all public rights-of-way .
Based on referral agency responses , the proposed use is in an area that can support this
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 2
development The required facility screening, downcast shielded lighting implementing limiting
transient light migration, including no derelict equipment and vehicles along with the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the
- adjacent properties and ensure compatibility with surrounding land uses and the greater area
B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)Zone
District
Chapter 23,Article III,Division1,Section 23-3-40 KK for uses similar to the uses listed as permitted
as long as the use complies with the general intent of the A(Agricultural)Zone District(Agricultural
Support and Services) and Section 23-3-40 C for more than the number of cargo containers
allowed as uses by special review outside of subdivisions and historic townsites To also include
Section 23-3-35 K for farm equipment sales,repair and installation facilities and Section 23-3-35 M
for grain, seed,feed,and fertilizer retail and wholesale sales as uses allowed by permit outside of
subdivisions and historic townsites in the A(Agricultural) Zone District
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands consist of irrigated lands via center pivots to the north and west with the DCP
Midstream Wetco Farms oil and gas processing facility permitted via USR11-0005 and to the east are
two residences owned by the applicant and the applicant's daughter There is a greater than 12-inch
high pressure gas pipeline crossing the property adjacent to the western property line permitted via
USR11-0016 The closest residence is about 200-feet to the east and is owned by the applicant's
daughter,followed by the Ackerman's residence at 1250-feet with all other residences located at a
distance of 0 5 miles or greater in distance from the property line
The Weld County Department of Planning Services sent notice to eight (8) Surrounding Property
Owners Planning staff received no correspondence from adjacent property owners
The applicant has been in contact with the Surrounding Property Owners and has conducted a
community meeting on July 5,2019 Persons in attendance included family members including the
adjacent property owners
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan
and a Screening Plan The Development Standards and Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region
D Section 23-2-220 A 4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the three(3)mile referral area of the Towns of Milliken,Gilcrest and LaSalle
and the City of Evans The site is also located within the Intergovernmental Agreement Area(IGA)of
the Town of Milliken and City of Evans The Towns of Milliken, Gilcrest and LaSalle in their referral
comments, dated January 29, February 5 and February 11, 2020 respectively indicated that they
have no concerns The City of Evans returned a referral dated January 27,2020 and requested the
County impose as a condition of approval that the applicant agree to a pre-annexation agreement
with the City indicating that when the property is eligible for annexation that the property owner will
annex voluntarily
E Section 23-2-220 A 5 --The application complies with Chapter 23, Articles V and XI, of the Weld
County Code i
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 3
The property is not within the Geologic Hazard Overlay , Special Flood Hazard Area , Airport Overlay
or the Municipal Separate Storm Sewer System Overlay Districts . Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road Impact Fee , 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 proposed facility is located on approximately 6 . 89 acres of Irrigated Land ( Not Prime) and 6 . 5
acres of Prime ( Irrigated ) — Farmlands of National Importance per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map . The property has no irrigation water associated with the
land , therefore , no prime irrigated land will be taken out of production .
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 there
are adequate provisions for the protection of health , safety , and welfare of the inhabitants of the
neighborhood and County .
This recommendation is based , in part , upon a review of the application materials submitted by the applicant ,
other relevant information regarding the request , and responses from referral entities .
The Planning Commission ' s recommendation for approval is conditional upon the following :
1 . Prior to recording the map :
A . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . ( Department of Public Works)
B . The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access . The access shall be for ingress , egress , utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
( Department of Public Works)
C . The applicant shall attempt to address the requirements of the State of Colorado Division of Water
Resources , as stated in the referral response dated January 22 , 2020 . Written evidence of such shall
be submitted to the Weld County Department of Planning Services . ( Colorado Division of Water
Resources)
D . The applicant shall address the requirements of the City of Evans , as stated in the referral response
dated January 27 , 2020 , specific to the request for a pre-annexation agreement . Written evidence of
such shall be submitted to the Weld County Department of Planning Services . (City of Evans)
E . A Lighting Plan shall be submitted to and approved by the Department of Planning Services , if
applicable . ( Department of Planning Services)
Services)
G . The City of Evans has jurisdiction over the access to the adjacent public road , County Road 33 .
Please contact the City of Evans to verify the access permit or for any additional requirement that
may be needed to obtain or upgrade the permit . ( Department of Planning Services)
H . The map shall be amended to delineate the following :
J
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 4
1 All sheets of the map shall be labeled USR20-0003 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
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 23-3-350 H of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
5 The map shall delineate the screening in accordance with the approved and Screening Plan
(Department of Planning Services)
6 The map shall delineate the onsite lighting in accordance with the 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 and
Appendices 23-C,23-D and 23-E 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 This portion of County Road 33 is under the jurisdiction of the City of Evans Show and label the
right-of-way Show the approved access(es)on the site plan and label with the approved access
permit number if applicable (Department of Public Works)
10 Show and label a minimum 30-foot wide access and utility easement to provide legal access to
the parcel on the site plan (Department of Public Works)
11 Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume
(Department of Public Works)
12 Show and label the drainage flow arrows (Department of Public Works)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
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 Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a$50 00 recording continuance charge shall be added for each additional
three(3) month period (Department of Planning Services) t
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 5
/
4 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
B Written evidence of a City of Evans access permit, if required, or alternatively that no permit is
required for this facility (Department of Planning Services)
5 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator,the Fire District and the Weld County Office of Emergency Management Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
6 The Use by Special Review 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 map 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)
Motion seconded by Richard Beck
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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, 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 March 3, 2020
Dated the 3'd of March, 2020
Kristine Ranslem
Secretary
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert"Dean"and Donna Ackerman
USR20-0003
1 A Site Specific Development Plan and Use by Special Review, USR20-0003, more specifically for uses
similar to the uses listed as permitted as long as the use complies with the general intent of the A
(Agricultural) Zone District (Agricultural Support and Services) and more than the number of cargo
containers allowed as uses by special review outside of subdivisions and historic townsites To also
include farm equipment sales, repair and installation facilities and grain, seed, feed, and fertilizer retail
and wholesale sales in the A(Agricultural)Zone District, 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 The hours of operation are 6 00 a m —6 00 p m Monday—Sunday (Department of Planning Services)
4 The number of on-site employees shall be up to ten (10) as stated in the application materials
(Department of Planning Services)
5 The number of commercial vehicles shall be up to nine (9), as stated in the application materials
(Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23,Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
8 The existing landscaping and proposed privacy screening on the site shall be maintained in accordance
with the approved Landscape and Screening Plan (Department of Planning Services)
9 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 (Department of Public Works)
10 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
11 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
12 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)
13 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)
14 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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
15 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 (Department of Public Health and Environment)
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 7
16 A permanent,adequate water supply shall be provided for drinking and sanitary purposes (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 On-site Wastewater Treatment Systems (Department of Public Health and Environment)
18 Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,at
all times For 10 or less customers per day,and 2 or less full-time employees on site,portable toilets are
acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health and
Environment Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and be screened from existing adjacent residential properties and public rights-of-way
(Department of Public Health and Environment)
19 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)
20 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
21 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map 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)
22 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, 2006 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)
23 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
24 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 property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations (Department of Planning Services)
25 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 (Department of Planning Services)
26 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 8
27 This 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
28 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 person 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
29 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,
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
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,
RESOLUTION USR20-0003
ROBERT AND DONNA ACKERMAN
PAGE 9
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
Wakes p
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING a
3 ) 3 legY?,0
LA3 ! 0 -006
Tuesda March 3 2020
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,
Gene Stille , at 12 : 30 pm .
Roll Call .
Present: Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch , Skip Holland .
Absent : Michael Wailes .
Also Present : Kim Ogle , Department of Planning Services ; Lauren Light and Ben Frissell , Department of
Health ; Mike McRoberts , Melissa King , and Zackery Roberson , Public Works ; Bob Choate , County
Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0003
APPLICANT : ROBERT AND DONNA ACKERMAN
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES , SIMILAR TO THE USES LISTED AS PERMITTED AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE
DISTRICT FOR AN AGRICULTURAL SUPPORT AND SERVICE FACILITY AND
MORE THAN ONE ( 1 ) CARGO CONTAINER IN THE A (AGRICULTURAL ) ZONE
DISTRICT
LOCATION : APPROXIMATELY 4750 FEET NORTH OF CR 46 AND APPROXIMATELY 1435
FEET WEST OF CR 33 .
Kim Ogle , Planning Services , presented Case USR20-0003 , reading the recommendation and comments
into the record . Mr. Ogle noted that the City of Evans returned a referral dated January 27 , 2020 and
requested that the County impose , as a Condition of Approval , that the applicant agree to a Pre-Annexation
Agreement with the City indicating that when the property is eligible for annexation that the property owner
will annex voluntarily . He added that this request is addressed in Condition of Approval 1 . D . The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards .
Mike McRoberts , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Dean Ackerman , 22935 CR 33 , LaSalle , Colorado , stated that he farms and rents cows and horses . He
added that they sell livestock equipment and performs custom farming for farmers and ranchers .
Additionally , he said that they bring squeeze chutes in the storage containers and then they sell the
containers .
Commissioner Cope asked if the farming equipment is stored on site . Mr. Ackerman said that some of the
equipment is stored on some other farms that they rent . He added that they also store some equipment in
the storage containers on site as well .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Heather Badley , 22805 CR 33 , stated that she lives next to the property and is Mr. Ackerman ' s daughter.
She referred to the recommendation of an opaque fence and is concerned with that for security reasons .
She stated that they hope this fence won 't be required so she can keep an eye on the property as there
has been equipment stolen in the past .
Mr. Ogle stated that when there is outside storage of equipment or materials , Staff asks for screening . He
added that it is located pretty much in the middle of the section , so it is a long way from anybody . Mr. Ogle
1
referred to Condition of Approval 1 F that states a Screening Plan shall be submitted to and approved by
the Department of Planning Services
Commissioner Johnson said that since it is back in the section a ways, then there really isn't a need to
screen it from the neighbors Mr Johnson asked if there are any neighbors that this needs to be screened
from Mr Ogle replied no and added that family members are adjacent to the site
Ms Badley referred to the drainage pond requirement and said that hopefully she will inherit the property
and it would be nice to not have it completely isolated where her'place and this site can be operated
together Her concern is that the drainage pond takes up the whole length of the property and asked if that
can be revised
Commissioner Cope said that the pond will be required, however, their engineer should be able to
reconfigure the pond for the volume required Ms Badley replied that she understands and had no
objections to that
Commissioner Cope asked if she would have any objections if they would amend the screening plan that if
a family member does not live adjacent to the site that screening would be required Ms Badley replied
no Mr Ogle said that Staff would not have an enforcement mechanism for that He added that once the
USR Map is recorded it is a snapshot in time and they wouldn't be noticed if Ms Badley would move from
that property
Commission Cope said that if it is unreasonable to be able to do something with the fence like that in the
future, then he is okay with that However, if there is a way of doing that, it seems like now would be the
time to put that in
Commission Hatch clarified that screening doesn't have to be a fence Mr Cope replied that was correct
Mr Hatch asked if the screening is required on all four sides of the property or just from the neighbors Mr
Ogle said that technically it is required from all four sides, but since there is only one property owner
impacted they would just ask for the one side from the adjacent property owner
Commissioner Stifle recommended deleting Condition of Approval 1 F Commissioner Beck agreed and
added that it is a family farm operation and to leave them alone He suggested deleting the conditions of
approval regarding the screening and drainage pond
Bob Choate, County Attorney, said that the screening( plan is a plan and you can explain what the
expectation is, and Planning Staff can take this into account when the Screening Plan is submitted
Motion Delete Condition of Approval 1 F,Moved by Bruce Johnson,Seconded by Richard Beck Motion
carried unanimously
Mr McRoberts referred to Condition of Approval 1 A and stated that the project is required to have
stormwater detention unless it qualifies for one of the 14 exceptions to stormwater detention, which it did
not qualify for He added that this is stated in the Weld County Code Mr Choate said that this is one item
the Planning Commission cannot remove as this is in the Weld County Code and there is no authority to
waive it Commissioner Cope added that he believes it is also a State requirement Mr Cope stated that
the drainage pond can be reconfigured and relocated on site that would still meet the criteria
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement, however, he expressed concern with the condition regarding annexation by the City of Evans
He said that he does not want to be annexed into the City of Evans Commissioner Cope recommended
that Mr Ackerman request this at the Board of County Commissioners hearing
Motion Forward Case USR20-0003 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Elijah Hatch, Seconded by Richard Beck
Vote Motion carried by unanimous roll call vote(summary Yes=7)
Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope
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Commissioner Johnson recommended that the County Commissioners review the annexation request from
the City of Evans
Commissioner Cope stated that Staff has done a good job of going through this process and also
recommended that the County Commissioners look at the need to be forced into annexation into the City
of Evans
Commissioner Ford echoed Commissioners Johnson and Cope's comments regarding the IGA with the
City of Evans
Meeting adjourned at 1 54 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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