HomeMy WebLinkAbout20193718.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER
Moved by Gene Stille, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR19-0027
S ERGIO AND EMMA VARGAS
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
U SE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL TRUCKING BUSINESS WITH THREE (3)
TRUCKS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX16-0160. E2 NE4 SECTION 20, T4N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 44, APPROXIMATELY 700 FEET WEST
OF CR 53.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance w th 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 22-2-20.G. A. Goal 7. County land use regulations should protect the individual
property owner's right to request a land use change.
The trucking company works with several oil and gas companies removing water and bringing
fresh water to sites located within the agricultural area. The small number of trucks will limit
the impacts to adjacent properties.
Section 22-2-80.F.2. I. Policy 6.2. Support the use of visual and sound barrier landscaping to
screen open storage areas from residential uses or public roads.
A Landscape and Screening Plan has been requested as a Condition of Approval to separate
the business from adjacent properties and rights -of -way.
The proposed use is in an area that can support this development, as the required screening,
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 region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 ...The A (Agricultural) Zone District is also intended to provide areas for the
conduct of USES by Special Review which have been determined to be more intense or to
have a potentially greater impact than USES Allowed by Right. The A (Agricultural) Zone
District regulations are established to promote the health, safety and general welfare of the
present and future residents of the COUNTY.
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 2
The parking of more than two trucks requires a Use by Special Review so that potential
impacts can be mitigated
Section 23-3-40 A Mineral resource development facilities including 2 Oil and Gas Support
and Service
The trucking business supports the oil and gas industry in Weld County, which requires a Use
by Special Review as an Oil and Gas Support and Service facility
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 pastures, crops, and rural residences The closest residence is
about 220 feet west of the site There are at least ten (10) residences within a half mile of the
property
The Department of Planning Services sent notice to six (6) Surrounding Property Owners
Planning staff received correspondence from three (3) surrounding property owners within
500 feet of the parent parcel and one (1) more from a property outside of the notification area
The letters outline concerns about traffic, poor visibility on County Road 44, industrial use of
the site, the access easement through the property to another property, waste, noise,
environmental impacts, and hours of operation
There are four (4) USRs within one mile of the site USR15-0004 for semi parking and a
shop, USR-1140AM for a 4,000 head dairy, CUP -31 for a single-family residence, and
USR12-0052 fora non -1041 major facility
The Conditions of Approval require that the applicant submit an Improvements and Road
Maintenance Agreement and a Landscape and 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 not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality
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, a Special Flood Hazard Area
or the Airport Overlay District Building Permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program Building Permits issued on
the lot will be required to adhere to the fee structure of the 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 entirely located on 3 4 acres of Irrigated Land [Not Prime] per the
1979 Soil Conservation Service Important Farmlands of Weld County Map and no prime soils
are affected by this proposal
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 3
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 recommendation for approval is conditional upon the following
1 Prior to recording the plat
A The applicant shall address the requirements of the Platte Valley Fire Protection District, as
stated in the referral response dated May 20, 2019 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall address the requirements of the Central Weld County Water District, as
stated in the referral response dated May 23, 2019 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning
Services)
C The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company, as stated in the referral response dated June 3, 2019 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of
Planning Services)
D The applicant shall submit a Landscape and Screening Plan that screens the site from the
Surrounding Property Owners and the right-of-way (Department of Planning Services)
E The applicant shall submit a Lighting Plan that delineates proposed lighting on site All lighting
shall comply with Section 23-3-250 B 6 of the Weld County Code
F An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location Road maintenance includes but is not limited to damage repair to specified haul
routes and future improvement triggers (Department of Public Works)
G 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)
H The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR19-0027 (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)
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 4
5 The map shall delineate the landscaping and/or 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
and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning
Services)
8 The map shall delineate the screened parking area (Department of Planning Services)
9 County Road 44 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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 (Department of Public Works)
10 Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan The applicant must obtain an access
permit in the approved location(s) prior to construction (Department of Public Works)
11 Show and label the approved tracking control on the site plan (Department of Public
Works)
12 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so that the 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 (Department of
Public Works)
13 Show and label the 30 -foot access and utility easement to provide legal access to the
parcel on the site plan (Department of Public Works)
14 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)
15 Show and label the drainage flow arrows (Department of Public Works)
16 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 plat 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 plat
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)
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 5
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site construction
(Department of Public Works)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
5 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 Lonnie Ford
VOTE
For Passage
Bruce Sparrow
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage
Bruce Johnson
Michael Wailes
Absent
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 July 16, 2019
Dated the 16th of July, 2019
45\2660-1&,atedyl.
Kristine Ranslem
Secretary
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sergio and Emma Vargas
USR19-0027
1 A Site Specific Development Plan and Use by Special Review Permit, USR19-0027, for a Mineral
Resource Development Facility Oil and Gas Support and Service (Parking of three (3) commercial
vehicles) 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 twenty-four hours a day, Monday— Sunday (Department of Planning Services)
4 The number of employees shall be up to six (6) as stated in the application materials (Department of
Planning Services)
5 The screened parking area on the site shall be maintained (Department of Planning Services)
6 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)
7 The proposed landscaping and screening on the site shall be maintained in accordance with the approved
Landscape and Screening Plan (Department of Planning Services)
8 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
9 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, Section 30-20-100 5, C R S (Department of Public Health and Environment)
10 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)
11 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Department of Public Works)
12 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
13 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 (Department of Public Works)
14 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
15 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates (Department of Public Works)
16 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 7
17 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
18 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 The accepted dust and waste
management plan shall be adhered to (Department of Public Health and Environment)
19 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)
20 All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
21 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
22 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)
23 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)
24 For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water 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)
25 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)
26 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)
27 Building permits may 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 has 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 Services)
28 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)
29 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)
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 8
30 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)
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 (Department of Planning Services)
32 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
33 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 us 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,
RESOLUTION USR19-0027
SERGIO AND EMMA VARGAS
PAGE 9
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 irngation 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
C \floeS
oil Rp
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 16, 2019
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 Chair,
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard
Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR 19-0027
S ERGIO AND EMMA VARGAS
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
U SE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL TRUCKING BUSINESS WITH THREE (3)
TRUCKS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RECX16-0160, E2 NE4 SECTION 20. T4N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 44, APPROXIMATELY 700 FEET WEST
OF CR 53.
Angela Snyder, Planning Services, presented Case USR19-0027, reading the recommendation and
comments into the record. Ms. Snyder noted that correspondence was received from three surrounding
property owners as well as a letter from one property outside the 500 -foot notification area. The letters
outline concerns about traffic, poor visibility on County Road 44, industrial use of the site, the access
easement through the property to another property, waste, noise, environmental impacts, and hours of
operation. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Hayley Balzano, 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.
Mark Taylor, Alles, Taylor and Duke, 3610 35th Avenue, Evans, Colorado, stated that the applicant is initially
proposed 10 trucks, however, they reduced the number to three (3) trucks and trailers.
Commissioner Wailes asked what support services he provides. Mr. Taylor said that it is mainly oil and
gas support and water for the oil and gas industry.
Commissioner Sparrow asked for clarification if the applicant intends to have up to 10 trucks. Mr. Taylor
said that they originally proposed 10 trucks, however, because of the resistance of the number of trucks
from neighbors and the engineering costs, they reduced the number of trucks to a maximum of three (3)
trucks.
Commissioner Wailes noted that he didn't see a limnt of trucks in the development standards. Ms. Snyder
suggested that it should be added.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Debbie Hill, 20705 CR 53, Kersey, Colorado, stated that they are the original owners of the property She
expressed concern regarding the easement and added that when they placed the easement it was for a
residential easement She further added that they intended to divide their property for residential purposes
in the future She said that easement cannot handle commercial traffic and it would block any further
residents from access Ms Hill additionally expressed concern regarding traffic safety, noise and property
value She requested that screening be provided so that they will be able to sell their lots as well as a buffer
zone to provide protection for their livestock
Tammy Long, 25660 CR 44, Kersey, Colorado, stated that they are concerned with the traffic safety coming
in and out of the access road She added that it is right by the ditch and below the incline She said that it
will be an accident waiting to happen Ms Long also stated that she is concerned about the impact to their
cattle on their 80 acres She provided a letter she submitted through an email
The Chair asked the applicant if they can propose a safer access Ms Snyder clarified that the proposed
access is using the easement on the east side of the property and apologized for incorrectly stating the
ditch access road Mr Taylor said that he is more concerned with cars and pickups because trucks are
seated higher and have more visibility
Mr Taylor said that they have increased the radius of the access to 60 feet to accommodate the turning of
the trucks Commissioner Johnson asked if this will be impacting the Hill's property or Weld County's
property Mr Taylor said it would impact both
The Chair referred to adding a development standard limiting the trucks to three (3) Ms Snyder suggested
adding a new Development Standard 5 that states "Commercial vehicles shall be limited to three (3)" Bob
Choate, County Attorney, noted that the limit is identified in specific request in Development Standard 1
No further action was taken
Commissioner Cope referred to the 60 -foot radius going out beyond the property lines and asked how that
will be handled as he doesn't believe they have the legal right to do that Ms Balzano said that they would
need written permission from the property owner to construct the radium on their property or ask for a
variance for the turning radius Mr Taylor added that they could shift it to the west a touch
Commissioner Beck asked if they should consider a continuance given there is no solution to the access
Ms Snyder said that if they move the access further west they could fit the radius within the easement,
however, if the access easement moves too much then they would have to renegotiate the distance of their
access permit location Commissioner Johnson said that if they can fit it within their easement he doesn't
see this as an issue
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
Commissioner Beck asked if the County Attorney has an opinion with the easement issue Mr Choate said
that this property has direct access onto their right-of-way Because the recorded exemption plat has an
easement indicating where that access goes, it is within Public Work's discretion to grant an alternate
access location He added that if they can fit it within their existing access point, they have the legal right
to do that, otherwise the applicant can request a vanance from Public Works
Motion Forward Case USR19-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stifle, Seconded by Lonnie Ford
Vote Motion passed (summary Yes = 6, No = 2, Abstain = 0)
Yes Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford, Richard Beck, Tom Cope
No Bruce Johnson, Michael Wailes
Commissioner Johnson stated that he feels the site is incompatible with the existing neighbors
2
Commissioner Wailes agreed with Mr Johnson and cited Section 23-2-220 A 2 and 23-2-220 A 3 He
added that the use is not consistent with the intent of the Agricultural Zone District and is not compatible
with the existing surrounding land uses
Meeting adjourned at 7 11 pm
Respectfully submitted,
4 lbant fi n.
Kristine Ranslem
Secretary
3
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NAME - PLEASE PRINT LEGIBLY
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