HomeMy WebLinkAbout20191487.tiffHEARING CERTIFICATION
DOCKET NO. 2019-38
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0001, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(LAND REMEDIATION BUSINESS INCLUDING A SHOP, OFFICE TRAILER, TRUCK
AND EQUIPMENT STORAGE), PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT - QUOKKA INVESTMENTS
COLORADO, LLC
A public hearing was conducted on April 24, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
•
` I hereby certify that pursuant to a notice dated February 8, 2019, and duly published
February 13, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Quokka Investments Colorado, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR19-0001, for a Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone Districts (land remediation business
including a shop, office trailer, truck and equipment storage), provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
. Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated eight (8) referrals were sent out and there were no objections to the application. She
described the adjacent county roads, and indicated the site is located on soils designated as
"Prime". She mentioned the trucks that will be parked on the site and stated no remediation or
storage of soils is proposed. She indicated minor maintenance will occur in the shop and all other
repairs will be done by an outside mechanic or on the road. She stated there will be no washing
of trucks onsite and mentioned the site is surrounded by a fence. She explained the proposed
road base and described the parking spaces. She further explained the buildings on the site and
indicated the remainder of the parcel is grasslands, alfalfa, or hay. She provided the hours of
Let PLC ITP')1 Pw(v)4v t
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operation, and gave an overview of the employees associated with the business. She stated there
will be twelve (12) personal vehicle roundtrips and ten (10) semi -truck roundtrips and mentioned
the vehicles will use the existing access on County Road (CR) 66. She described surrounding
uses, including residential homes and agricultural production. She indicated the Planning
Department received six (6) letters regarding the application with various concerns, including a
Lighting, and Landscaping and Screening Plan. Ms. Snyder mentioned adjacent USRs, presented
images of the site and surrounding views, and entered the favorable recommendation of the
Planning Commission into the record, as written.
Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and reiterated access for the site is on CR 66. He provided the latest
traffic counts and average speed, and indicated the approximate vehicle roundtrips per day. He
described the direction of traffic and stated the site will have an improvedgravel surface, which
meets the requirement for permanent tracking control. Mr. McRoberts stated the Department of
Public Works is requiring an Improvements and Road Maintenance Agreement. Lastly, he
presented the drainage and grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated portable toilets will be used in accordance with Environmental Health (EH)
policy. She indicated no washing of vehicles, soil, or fuel storage will occur onsite; however, there
will be minor maintenance on the site. She mentioned the noise level requirement and stated
Development Standards (DS) #13-21 address EH items.
Emilee Braunsroth, represented the applicant and explained the ownership of the companies
involved. She described the criteria of the Board and how the application directly relates to each
of the criteria. She explained her family's history with Weld County, and the creation of the
company. She mentioned they would like to build a residence on the proposed property and
displayed images of the site to describe the various proposed and existing uses on the parcel.
Ms. Braunsroth described meetings held with the surrounding property owners (SPO), and an
action plan created to address the SPO and referral concerns. She provided an overview of the
property use, including the business, agriculture, and residential uses. She reiterated the traffic
information and described the use of equipment associated with the business, stating it will
primarily be used and stored offsite. Ms. Braunsroth stated safety was a priority, and in response
to Commissioner James, she reviewed the business consumers.
IChristy Perkins, SPO, stressed the application is not compatible with the existing surrounding
uses and stated the agricultural land should be maintained and preserved. She presented a
PowerPoint presentation (Exhibit D) and displayed images of the adjacent surrounding
residences. She included images of letters of dispute and explained the concerns mentioned in
the letters.
a Emmanuel Miller, SPO, reflected on the concerns raised at the Planning Commission hearing
and described the compatibility issues and the negative impacts the application will have on the
area. He displayed and described images to support the concerns he mentioned.
Josh Fox, SPO, described the surrounding USRs, and stated the applicant is not local and is
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an investment company. Furthermore, he indicated the applicant did not mention building a
residence at the Planning Commission hearing. He stated concerns with who will be operating
out of the site and provided an example when he felt the applicant had been deceitful. He
suggested other commercial areas for the project, and asked how the SPOs can ensure the
applicant is held to compliance. He reiterated the applicant is not invested in the community, and
echoed the comments previously made by SPOs. In response to Commissioners Moreno and
Conway, Mr. Fox explained the correspondence between himself and the applicant.
Dean McElroy, SPO, stated he did not receive notice of the application and mentioned his
history with his property. He noted growth is inevitable; however, it is the responsibility of the
Commissioners to ensure the growth is compatible. He referenced a book he had written about
sustainability in Weld County during the Great Depression and applied some of the examples he
used in the book to the proposed application. He stressed the importance of compatibility to the
surrounding area and expressed concerns with truck traffic, dust, and compatibility.
WA' Wayne Corbin, SPO, stated his opposition for the application and concerns with decreased
property values.
Vicki Haithcoat, SPO, stated concerns with the drivers' qualifications, specifically criminal
history, and in response, Chair Kirkmeyer clarified the amendment process. In response to Chair
Kirkmeyer, Ms. Haithcoat indicated she had spoken with the applicant, but still was not clear on
the application. She continued to explain she previously owned the property, but had sold the
property to someone who sold it to the current applicant. She described her understanding of the
applicant living on the property, reiterated concerns about the USR being associated with the site
for future owners and with compatibility.
Kim Helburg, SPO, stated concerns for safety, specifically background checks on drivers,
and the turnover rate.
Glen Perkins, SPO, explained his wife's correspondence with the Ms. Braunsroth only a week
before the present hearing and noted Ms. Braunsroth is not an owner of the property.
. Mr. Fox, SPO, requested the neighbors be involved in some of the requirements of the USR,
specifically to address noise, lighting and dust. In response to Chair Kirkmeyer, Mr. Fox agreed
with the existing condition for lighting, and explained the neighbors would like the entire
associated roads mitigated with dust control. He further requested the noise level be changed
back to residential and asked there be no potential for future expansion of the USR:He suggested
additional requests for lighting limitations, and in response to Chair Kirkmeyer, he indicated he
did not feel the application was acceptable in any capacity.
Ms. Braunsroth indicated it was their first time going through the USR process, and explained
why they chose to limit the number of trucks to ten (10) trucks. She stated the RV parked on the
property is for their personal use, and explained all light on the property is downcast. Chad
Braunsroth, applicant, mentioned they would be willing to plant trees for mitigation, if necessary.
In response to Commissioner Conway, Ms. Braunsroth explained they work with other companies
that will use the site, stated background checks are required for the companies they are
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associating with, and explained some of the company's requirements. After a brief discussion,
Ms. Braunsroth clarified they do not currently reside on the property, but would start building as
soon as possible, once the application was approved. In response to Commissioner Moreno,
Ms. Braunsroth clarified the number of employees associated with the site and stated they own
three (3) lots for business -related activities. In response to Commissioner Conway, she explained
the protocol for truck drivers who violate rules, and reiterated they work for other companies and
use the property for business. She also explained the rules that will be enforced on their property
and, in response to Commissioner James regarding dust mitigation, Mr. Braunsroth explained the
dust control methods they may use on the property.
a In response to Chair Kirkmeyer, Mr. Braunsroth explained the trucks are parked in the field
on their property and described the Screening and Parking Plan. Commissioner Freeman
supported Commissioner James' statements and stated the use is low impact. Commissioner
Conway and Commissioner Moreno concurred, and Commissioner Moreno reiterated the
applicants want to build a residence to reside on the property and expressed disappointment with
the applicant not working with the neighbors.
Chair Kirkmeyer stated she was struggling with finding evidence compatibility and discussed
her concerns, including landscaping and screening.
In response to Chair Kirkmeyer, Mr. and Mrs. Braunsroth indicated they had reviewed the
Conditions of Approval and Development Standards, and had no questions or concerns.
Chair Kirkmeyer suggested adding language for COA #1.8 (Landscape and Screening Plan)
to address a plan for irrigation, and the Board agreed to change "adjacent" with "existing
residential" in COA #1.C.5 (landscaping and screening). In response to Commissioner Moreno,
the applicant confirmed there is a gate on the property and, after discussion, the Board and staff
agreed there needed to be a condition concerning the minimum turning radii of 60 feet in
COA #1.C.13 (access).
r In response to Commissioner Conway, the applicants confirmed the number of employees in
DS #5, and Chair Kirkmeyer requested a new DS #10 to ensure there will be no fuel storage on
the site. Further, she suggested a new DS #11 prohibiting the use of Jake brakes. After further
discussion regarding the number of trucks associated with the site, the Board agreed to make no
changes to DS #7 (number of trucks). The Board agreed to delete DS #18 (noise level) and added
language to DS #19 for portable toilet screening.
WA Chair Kirkmeyer opened the hearing for additional public input concerning the revisions to
COA and DS. Mr. Fox stated he was disappointed in the Board's decision, and requested dust
mitigation be on the entire mile of CR 66.
Ms. Perkins suggested having a minimum height requirement for the trees used for mitigation
and, in response, Chair Kirkmeyer clarified any lighting has to comply with the County Code and
be downcast. After discussion regarding the minimum height of trees, Chair Kirkmeyer stated the
goal is to visually mitigate the site, whether that be with trees or other materials.
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..[Fi Mr. Miller stated there had been inconsistencies when he talked to the applicant prior to the
hearing.
In response to Mr. Perkins, Mr. Choate explained the process should the applicant violate the
COA or DS of the USR.
a Janice McElroy, SPO, stated concerns regarding the lighting and, in response, the Board
clarified the lighting requirements, per the Weld County Code.
In response to Alexandra Martini, SPO, the Board indicated they were not informed of a chain
link fence and did not consider it to be proper screening. In response to• the question,
Ms. Braunsroth clarified they were never intending to use a chain link fence.
' In response to Chair Kirkmeyer, Ms. Braunsroth indicated she reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
' Commissioner James moved to approve the request of Quokka Investments Colorado, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0001, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (land remediation business including a shop, office trailer, truck and
equipment storage), provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 Moreno, and Commissioner Conway cited
Section 22-2-20.G.2 and explained the property will retain 46 acres of irrigated land.
Commissioner Moreno thanked everyone for attending and encouraged the applicant to
communicate with the neighbors. Chair Kirkmeyer stated she would not support the application
for compatibility reasons. After a roll call vote, the motion passed with a four (4) to one (1) vote,
with Chair Kirkmeyer in opposition. Commissioner Conway thanked the neighbors for attending
and reiterated the steps to ensure the applicant remains in compliance. There being no further
discussion, the hearing was completed at 4:56 p.m.
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This Certification was approved on the 29th day of April, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: J jehtAik
Weld County Clerk to the Board
BY1k
eputy Clerk to the Board
AP' `O ED AS
a
ty ' orney
Steve Moreno
Date of signature: fCoLa7/(9
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
,,ne‘�3u�
Mike Freeman, Pro -Tern
XCUSED DATE OF APPROVAL
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