HomeMy WebLinkAbout20191475.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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 S R 19-0001
QUOKKA INVESTMENTS COLORADO LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A 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 LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B RECX17-0154, PART SW4 SECTION 22, T6N. R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.3 MILES EAST OF
CR 55.
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.
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
app icable code provisions or ordinance in effect.
A. Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and
industrial uses should be accommodated when the subject site is in an area that can support
sucn development and should attempt to be compatible with the region.
The proposed use is limited to one acre of the property. with agricultural uses expected to
continue on the remaining forty-six (46) acres.
A. Policy 9.3. Consider mitigation techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered development and building
envelopes. to minimize impacts on surrounding agricultural land.
The access is onto a local, dirt road, but a Road Maintenance Agreement and limits on daily
traffic can mitigate damage to infrastructure. Gravel for dust suppression, adequate
screening, and limiting noise levels will also help to limit impacts to neighbors. These and
other 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.
Excerpt from the Section 23.3.10, Intent of the A (Agricultural) Zone District:
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.
This allows the applicant to apply for a Use by Special Review permit.
RESOLUTION USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
PAGE 2
Section 23-3-40 S Any use permitted as a Use by Right, an ACCESSORY USE, ora Use by
Special Review in the COMMERCIAL or industrial zone districts, provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions PUD development proposals shall not
be permitted to use the special review permit process to develop
This allows the applicant to apply for a commercial use The request is a use that is permitted
as a Use by Right in the C-3 (Business Commercial) Zone District under Section 23-3-
230 B 13 COMMERCIAL or private PARKING LOTS
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The surrounding area includes rural residential homes, agriculture, cattle grazing, oil and gas
production, and hog farms Current USRs in the immediate area include tractor trailer parking
and maintenance (USR 12-0067), hog farm (SUP -391), dairy (USR 1340 and USR 820AM),
mineral reserve development (MUSR 12-0016), and auto/farm equipment repair (USR 1491)
Six letters in opposition of this project were received from surrounding property owners
Neighbors cited disruption of a quiet, rural lifestyle, decrease in property values, increase in
traffic and noise, disruption of local wildlife, incompatibility with the residential character of the
neighborhood, commercial use of prime agricultural land, not wide enough access to turn in a
semi -truck without swinging wide, dust bothering cattle, and loss of mountain views replaced
by commercial parking These concerns have been taken into consideration in the creation of
appropriate mitigation
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 site is not located in a floodplain, geohazard area, MS4 district, or 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 proposed 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 located on approximately one (1) acre of Prime (Irrigated) soil per the
1979 Soil Conservation Service Important Farmlands of Weld County Map The applicant
intends to continue farming the remaining forty-six (46) acres of the property
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
An adequate Landscape and Screening Plan, limits on number of trucks, limited commercial
development envelope, Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
RESOLUTION USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
PAGE 3
Standards can ensure that there are adequate provisions for the protection of health, safety,
anc 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.
1. The Planning Commission recommendation for approval is conditional upon the following:
A. An Improvements Agreement for road maintenance and future improvement triggers is required for
off -site improvements at this location. Road maintenance includes, but is not limited to. dust control
and damage repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
a
{Department of Public Works)
C. Submit a Landscape and Screening Plan. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0001 (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 Delineate 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 Delineate the existing and proposed landscaping and screening from adjacent properties and
right-of-way in accordance with Section 23-2-240.A.10. (Department of Planning Services)
6. Delineate the site lighting in accordance with Section 23-2-10.C and Section 23-2-250.D of the
Weld County Code. Bulk Standards in A zone require that lighting match the SPR
requirements. (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 employees in
accordance with Appendix 23-A and Appendix 23-B of the Weld County Code. (Department of
Planning Services)
9. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
10. County Road 66 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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
Welc County. (Department of Public Works)
11. Show and label the approved tracking control on the site plan (recycled asphalt or road base on
all driving/parking surfaces). (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall be
RESOLUTION USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
PAGE 4
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 a 30 -foot minimum access and utility easement to provide legal access to the
parcel on the site plan, if applicable. (Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. 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 plat 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)
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)
The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (.shp. .shx. dbf..prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet) .etc.).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires road base or recycled asphalt on all driving surfaces for tracking control. (Department of
Public Works)
If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Public Works)
The Use by Special Review 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)
RESOLUTION USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
PAGE 5
Motion seconded by Bruce Sparrow
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Against Passage Absent
Michael Wailes
Skip Holland
Elijah Hatch
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 5, 2019
Dated the 5th of March, 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Quokka Investments Colorado, LLC
USR19-0001
1. A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by
Right, an Accessory Use, or a 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 lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
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)
The hours of operation are 7 00 a.m. — 5:00 p.m. Monday — Friday. (Department of Planning Services)
4. The commercial operation shall be limited to one (1) 1.5 acres of the property. (Department of Planning
Services)
5. The number of on -site full-time employees shall be no more than two (2) as stated by the applicant
(Department of Planning Services)
The number of drivers accessing the site shall be no more than ten (10) per day as stated by the
applicant. (Department of Planning Services)
The number of commercial trucks parking on site shall be limited to ten (10) as stated by the applicant
(Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9 There shall be no outdoor storage of materials or equipment. (Department of Planning Services)
10. 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)
11. The landscaping and screening on the site shall be maintained in accordance with the approved
Landscape and Screening Plan in accordance with Section 23-2-240.A.10. (Department of Planning
Services)
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. 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)
13. 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)
14. 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)
15. 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. (Department of Public Health and
RESOLUTION USR19-0001
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PAGE 7
Environment)
16 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)
17 Soils shall not be stored on site (Department of Public Health and Environment)
18 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)
19 Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times 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 public view (Department of Public
Health and Environment)
20 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems A permanent, adequate water supply shall be
provided for drinking and sanitary purposes (Department of Public Health and Environment)
21 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)
22 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)
23 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)
24 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
25 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)
26 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
27 The Improvements Agreement for this site may be reviewed on an annual basis, which may include a site
visit and possible updates (Department of Public Works)
28 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
29 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2018 International Codes, 2006 International Energy Code, and 2017
National Electrical Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection (Department of Building Inspection)
30 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
31 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
RESOLUTION USR19-0001
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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
32 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
33 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
34 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
35 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
RESOLUTION USR19-0001
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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, 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
esC. WVAAdo-ts
o3loslzon
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. March 5, 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, Skip Holland.
Also Present: Chris Gathman, Angela Snyder, and Tom Parko, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public
Works; Bob Choate and Bruce Barker. County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR19-0001
QUOKKA INVESTMENTS COLORADO LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE,
OR A 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 LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT B RECX17-0154, PART SW4 SECTION 22, T6N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.3 MILES EAST OF
CR 55
Angela Snyder, Planning Services, presented Case USR19-0001, reading the recommendation and
comments into the record. Ms. Snyder noted that six (6) letters of opposition were received outlining
concerns of disruption of a quiet, rural lifestyle, decrease in property values, increase in traffic and noise,
disruption of local wildlife, incompatibility with the residential character of the neighborhood, commercial
use of prime agricultural land, not wide enough access, and loss of mountain views. 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. Mr. McRoberts recommended removing Condition of Approval 1.6 as the applicant has
completed this condition.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that the noise level for commercial is specified,
however if the Planning Commission believes that noise would be an issue that can be amended to the
residential noise level.
Steve Mumm, 9202 Minsmere Circle, Spring, Texas, stated that this request is for the parking of up to 10
trucks and five (5) pickup trucks. He added that there will be machine shop where light maintenance can
be performed on the trucks. Additionally, they are requesting a future building for future potential growth.
Commissioner Ford asked if he plans to build a home on site. Mr. Mumm said that he intends to build a
home on site in the future.
Commissioner Cope asked about where and how the trailers will be parked as well as the employee
vehicles. Mr. Mumm said employees will park by the proposed building and north of the employee parking
will be for the truck parking. Mr. Cope asked if there is enough room for circulation. Mr. Mumm replied yes.
1
In response to Commissioner Sparrow's inquiry, Mr. Mumm replied that there will be 10 trailers located on
site.
Commissioner Holland asked what the remediation business is being involved in. Mr. Mumm said that the
remediation business has large pieces of equipment such as bulldozers and blades and their work can be
done to prepare sites for housing development or sites for oil and gas development. Mr. Holland clarified
if any the equipment is hauling any hazardous waste. Mr. Mumm replied that they are not hauling any
wastes.
The Chair asked if the use is for truck parking only or will it include the equipment. Mr. Mumm said that it
is larger for the truck parking. The equipment will either be on the trailer or in one of the 10 parking spaces
proposed on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Josh Fox, 27236 CR 66, Gill, stated that he submitted a letter in objection to this request. He believes it
will be out of place for their neighborhood and added that there are many other areas in Weld County where
this business would fit in more appropriately. Mr. Fox said that the applicant stated he is an investor and
he is concerned that as an investor they are looking to make money off of it. Additionally, he is concerned
about increasing trucks on site after approval of 10 trucks.
The Chair asked if there is anything that can be mitigated to make this more comfortable in the
neighborhood. Mr. Fox stated that he would appreciate dust control and expressed concern that there may
be nighttime operations and the cleanliness of the yard.
Emanuel Miller and Alexandria Martini 27215 CR 66. Mr. Miller said that he has some of the same
concerns. He stated that there is a hill on County Road 66 where his driveway is, and it is difficult to see.
He expressed concern regarding his access and the truck traffic.
Alexander Martini said that they have horses and chickens and a rottweiler on their property and is cautious
about the safety of her and her animals with strangers adjacent to their residence.
Vicki Haithcoat stated that she lives next door to this site and expressed concerns of her views of the trucks
and equipment from her home. She said that this operation doesn't fit in this neighborhood.
Kim Helburg, 32300 CR 55, stated that her land connects with the applicant's property. She has lived there
for 23 years and would like to keep it agricultural. She added that the heavy equipment and chain link fence
is not agricultural.
The Chair asked the applicant if he will be leasing this property to another contractor or if he owns this
company. Mr. Mumm said that his brother-in-law owns the land remediation company and they are working
together on this site. He added that they do not intend to sell or lease it out to another trucking company.
The Chair asked Staff is they had any changes to the Resolution. Ms. Snyder referred to Development
Standard 4 and requested to amend that to 1.5 acres, as the application stated 1.5 acres.
Motion: Amend Development Standard 4 to reflect 1.5 acres as requested by Staff, Moved by Tom Cope,
Seconded by Lonnie Ford. Motion carried unanimously.
Mr. McRoberts recommended deleting Condition of Approval 1.B.
Motion: Delete Condition of Approval 1.B, Moved by Bruce Johnson, Seconded by Bruce Sparrow.
Motion carried unanimously.
The Chair asked Ms. Light if she had any changes. Ms. Light asked if the Planning Commission wished to
change Development Standard 18 to the residential noise standard. The Planning Commissioner wished
to leave the development standard as it is stated.
2
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.
Motion: Forward Case USR19-0001 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 Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Richard Beck, Tom Cope.
No: Michael Wailes, Skip Holland.
Absent: Elijah Hatch.
Commissioner Holland said that it is inconsistent with the neighborhood.
Commissioner Cope said that he believes it meets all the criteria and added that it is somewhat compatible
of the surrounding properties since it is a low impact and with the nearby dairy farm.
Commissioner Stille cited Section 23-2-220.A.3 regarding compatibility with all the other trucks and farming.
He added that it is somewhat a rural residential neighborhood and is concerned with future development.
Commissioner Wailes cited Sections 23-2-220.A.3 and 23-2-220.A.4 regarding compatibility and is
concerned that it is a narrow corridor that has residential tucked in on both sides of the property.
Meeting adjourned at 7:02 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
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