HomeMy WebLinkAbout20181395.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for denial 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:
LOCAT
ON:
USR18-0001
WETCO FARMS, INC, C/O BRETT BLOOM
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (SALE OF CONSTRUCTION EQUIPMENT, MISCELLANEOUS
EQUIPMENT AND TRUCKS AND TRAILERS, VEHICLE MODIFICATION AND
DISMANTLING OF WRECKED VEHICLES AND SALE AND/OR RECYCLING OF
DISMANTLED VEHICLE PARTS) 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. THIS PROPOSED USR ALSO INCLUDES A
REQUESTED WAIVER FROM THE WELD COUNTY SIGN REQUIREMENTS
DELINEATED IN CHAPTER 23 OF THE WELD COUNTY CODE TO ALLOW ONE
(1) NINETY (90) SQUARE FOOT FREESTANDING SIGN THAT IS TWENTY-
EIGHT (28) FEET IN HEIGHT AND ONE (1) ONE -HUNDRED (100) SQUARE
FOOT WALL SIGN.
W2 AND PART E2 SECTION 4, T4N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO STATE HIGHWAY 34; SOUTH OF AND
ADJACENT TO CR 50.
be recommended unfavorably 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 not shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
B. 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.
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.
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following conditions:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of
Public Works)
B. 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)
C. The applicant shall attempt to address the comment of the West Greeley Soil Conservation District as
stated n their referral dated 2/12/2018. Written evidence of such shall be provided to the Department
of Planning Services. (Department of Planning Services)
RESOLUTION USR18-0001
WETCO FARMS, INC, CIO BRETT BLOOM
PAGE 2
D. The applicant shall attempt to address the requirements of the Platte Valley Fire Protection District as
stated in their referral dated 3/22/2018. Written evidence of such shall be provided to the Department
of Planning Services. (Platte Valley Fire Protection District)
E. The applicant shall address the requirements of the Central Weld County Water District as stated in
their electronic mail referral dated 3/21/2018. Written evidence of such shall be provided to the
Department of Planning Services. (Central Weld County Water District)
F. The applicant shall submit a screening plan for review and approval. The vehicle circulation and
staging area adjacent/to the south of the proposed shop and storage buildings shall be screened by a
solid wooden fence, metal fence or vinyl fence, landscaping and vegetation or a combination thereof.
(Department of Planning Services)
G. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0001 (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. 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 two signs shall adhere to the criteria as stated in the Development Standards as approved
by the Board of County Commissions on May 9, 2018. All other signs shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. All
signs shall be shown on the map. (Department of Planning Services)
6. The map shall delineate the landscaping and/or screening. (Department of Planning Services)
7. The map shall delineate the lighting. (Department of Planning Services)
8. The approved signs shall be indicated on the map. (Department of Planning Services)
9. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
10. County Road 50 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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
11. County Road 65 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
12. Show and label the approved access locations, 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)
RESOLUTION USR18-0001
WETCO FARMS, INC, 0/O BRETT BLOOM
PAGE 3
13. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan
and label with the approved access permit number. (Department of Public Works)
14. Show and label the approved tracking control on the site plan. (Department of Public Works)
15. 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)
16. Show and label the section line Right -of -Way as "CR 65 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
17. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
18. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
19. 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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 added for each additional three
(3) month period. (Department of Planning Services)
4. 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.). This digital file may be sent to mapsco.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of
Public Works)
B. 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)
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System Regulations. The
RESOLUTION USR18-0001
WETCO FARMS, INC, CIO BRETT BLOOM
PAGE 4
OWTS is required to be designed by a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
7. 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 plat 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 Denial
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Tom Cope
Lonnie Ford
Richard Beck
Against Denial Absent
Terry Cross
Gene Stille
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 April 3, 2018.
Dated the 3rd of April, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0001
WETCO FARMS, INC, O/O BRETT BLOOM
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Craig Sparrow — Wetco Farms Inc.
USR18-0001
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0001, for (equipment and
truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of
dismantled vehicle parts) 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 in the
A(Agricultural) Zone District. The proposed USR also includes a waiver from the Weld County Sign
Requirements delineated In Chapter 23 of the Weld County Code to Allow One (1) Ninety (90) Square
Foot Freestanding Sign that is Twenty -Eight (28) Feet in Height and One (1) One -Hundred (100) Square
Foot Wall Sign 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 8:00 a.m. - 5:00 p.m. Monday — Friday and 8:00 a.m — 12:00 PM Saturday.
These hours do not include occasional customer pick up and drop off of equipment and vehicles which
can occur outside of these hours. (Department of Planning Services)
4. There will be no outside storage associated with the vehicle modification and dismantling operation.
(Department of Planning Services)
5. The number of on -site employees shall not exceed ten (10). (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. The proposed wall sign shall adhere to the below criteria as approved by the Board of County
Commissioners on May 9, 2018:
1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size to be located on the northern
building face of the proposed 20,000 square foot shop/office building. The wall sign shall not
project above the height of the building.
All other 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)
9. 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)
10. 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)
11. 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
Environment)
12. 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 USR18-0001
WETCO FARMS, INC, C/O BRETT BLOOM
PAGE 6
13. 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)
14. 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)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
16. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency and shall adhere to "Low Risk Discharge Guidance: Discharges from Surface Cosmetic
Power Washing Operations To Land July 2010" as specified by the State. (Department of Public Health
and Environment)
17. A current PE certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Public Health and Environment)
18. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (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. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
23. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
24. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (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. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
RESOLUTION USR18-0001
WETCO FARMS, INC, C/O BRETT BLOOM
PAGE 7
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
29. 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)
30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
31. Sources of light shall be shielded so that beams or rays of light 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)
32. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
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)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
37. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
38. 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. (Department of Public Health and
Environment)
39. 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.
RESOLUTION USR18-0001
WETCO FARMS, INC, CIO BRETT BLOOM
PAGE 8
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.
40. WELD COUNTY'S RIGHT TO FARM: 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, 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
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 3, 2018
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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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck,
Terry Cross, Tom Cope.
Absent: Gene Stille
Also Present: Kim Ogle, Chris Gathman, Ryder Reddick, Michael Hall, and Angela Snyder, Department of
Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley
Balzano, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0001
WETCO FARMS, INC, C/O BRETT BLOOM
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (SALE OF CONSTRUCTION EQUIPMENT,
MISCELLANEOUS EQUIPMENT AND TRUCKS AND TRAILERS, VEHICLE
MODIFICATION AND DISMANTLING OF WRECKED VEHICLES AND SALE
AND/OR RECYCLING OF DISMANTLED VEHICLE PARTS) 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. THIS
PROPOSED USR ALSO INCLUDES A REQUESTED WAIVER FROM THE
WELD COUNTY SIGN REQUIREMENTS DELINEATED IN CHAPTER 23 OF
THE WELD COUNTY CODE TO ALLOW ONE (1) NINETY (90) SQUARE FOOT
FREESTANDING SIGN THAT IS TWENTY-EIGHT (28) FEET IN HEIGHT AND
ONE (1) ONE -HUNDRED (100) SQUARE FOOT WALL SIGN.
W2 AND PART E2 SECTION 4, T4N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO STATE HIGHWAY 34; SOUTH OF AND
ADJACENT TO CR 50.
Chris Gathman, Planning Services, presented Case USR18-0001, reading the recommendation and
comments into the record. Mr. Gathman noted that three (3) letters were received outlining concerns from
blowing sand from the site, traffic concerns, access to Highway 34 and concerns of the potential user on
site.
The applicant is requesting a waiver from the Weld County sign requirements to allow one 90 square foot
freestanding sign that is 28 feet in height and a 100 square foot wall sign. Both proposed signs will be
unlighted signs. Staff is not in support of a larger sign on Highway 34 and recommends that the freestanding
sign meet the Agricultural Zone District requirements of 16 square feet and a maximum height of 6 feet.
Staff has no concerns with the proposed building sign. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the proposed traffic to the site and the required Improvements
Agreements.
Hayley Balzano, Public Works, reported on the 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.
Mr. Gathman noted that the CDOT referral indicated that they will be writing an Access Permit for the site;
however they were concerned with the proposed traffic volumes. They will accept the traffic volumes, but
do so cautiously.
Brett Bloom, 3202 Barkley Court, Evans, said that staff covered everything and he would answer any
questions the Planning Commission might have.
Commissioner Jemiola asked what material will be used for imperviousness. Mr. Bloom said that all the
work will be performed inside the shop building.
Commissioner Jemiola referred to a letter submitted by Jim Park regarding the blowing sand from the
subject site to Mr. Park's property and asked the applicant to explain how he will mitigate that. Mr. Bloom
said that there is over 100 acres of cornfield and doesn't know how to stop the wind blowing. He added
that during construction he is willing to install a silt fence to help.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jim Park, 32730 CR 50, stated that he owns 279 acres east of and adjacent to the site. The south half of
that section is nothing but blow sand and agrees that once the building is in place the sand won't blow. Mr.
Park said that this issue should have been going through this process one year ago. He added that he
invested in installing a white fence that prevented the blowing sand onto his property. He submitted a bill
for the installation of the fence and requests that WETCO pay the bill.
Commissioner Jemiola noted that they can't force the applicant to pay for the fence but asked if there is
anything else the applicant can do to mitigate these concerns. Mr. Park replied that he can pay for the
fence.
Glenn McClain, superintendent of Platte Valley School District, Kersey, Colorado, stated that they submitted
a referral in January 2018. At that time with the number of employees and traffic stated, they didn't have
any concerns. However, he has recently been contacted by some of the residents and was told that the
traffic was over 84 vehicles per day. He added that if there is that level of traffic, he is concerned about the
bus stops as there are school bus stops in the area.
Commissioner Jemiola said that according to the traffic study, it states that there will be 84 vehicle trips per
day. Mr. McClain said that it if there is a high level of traffic during school bus time, he is concerned.
Ms. Balzano asked to clarify if the concern is on County Road 50 or Highway 34 and County Road 50. Mr.
McClain said that school buses travel both roads so he would be concerned with both roadways.
Mark Kain, 31954 CR 50, stated that he is concerned with the amount of traffic and adding to it with this
proposed use. He noted that on the west side of the applicant's property it appears that there is a super
highway he built there and inquired what the applicant will be doing there. Mr. Kain added that the existing
building on site is rented to a commercial business, which he understands is not allowed. He said that this
site is turning into an industrial area and emphasized that this is a farming community. Additionally, Mr.
Kain said that he has heard rumors that the applicant would like to construct additional buildings and rent
them to oil and gas companies.
Commissioner Cope asked to clarify what they are doing on the west side of the property. Mr. Kain said
from the access point up the west side of the property it looks like a highway — two to three lanes wide with
really good rock. He added that it appears they are preparing for something in the future. Mr. Kain said
that he is afraid of what they are going to do on the west side of the property.
Carl Hergenreder 32385 CR 50, stated that he echos the concern of the amount of traffic on the roads. He
stated that he also serves on the Latham Ditch Company and they have talked with the applicant about
crossing their ditch. He indicated that the applicant has not provided traffic numbers, weight or type of
traffic and he added that they need to have a Crossing Agreement.
2
Commissioner Ford asked if there is an existing Agreement that they can cross the ditch. Mr. Hergenreder
replied that there is an agricultural crossing but there is no agreement or authorization for a commercial
crossing.
Alycia Carmin, 31544 Highway 34, expressed concerns with the traffic coming off of Highway 34. She
understands that CDOT performed a traffic study but doesn't believe it is correct. She has witnessed
several truck and vehicle accidents. She stated that she is opposed to this use due to the increase in traffic
and lack of safety for their children.
Commissioner Ford asked what could be mitigated. Ms. Carmin said that a turn lane from both directions
would be necessary, if it is approved.
Jana Gettman, 30997 CR 50, said that County Road 50 is a dirt road and can't imagine 84 vehicles traveling
on that dirt road per day. She added that the intersection of County Road 50 and Highway 34 is a very
narrow and believes it is a safety hazard.
Mr. Bloom said that he hired professionals to do the traffic study. He said that he doesn't want to make
anyone mad and feels he has done everything he needs to do. He said that this shop will not generate that
much more traffic than what is out there already.
In regard to Latham Ditch concerns, he said that he left several messages and added that no one returned
his phone calls.
Commissioner Cope referred to the what might be happening to the west side of the property and asked
what the plan is for that. Mr. Bloom said he has no clue and said that he started working for WETCO Farms
one year ago and that road was already in. He added that it is recycled concrete; however, he is not aware
of anything going on the west side of the property.
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 Wailes expressed concern that there is no Crossing Agreement with the Latham Ditch and
asked Staff if they received anything from the Ditch Company. Mr. Gathman said that a referral was sent
to them; however, they did not respond.
Motion: Forward Case USR18-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Jordan Jemiola, citing Section 23-2-220.A.3 as it is not compatible with surrounding uses and Section
23-2-220.A.6 as he doesn't believe a diligent effort is being made to conserve prime farmland, Seconded
by Richard Beck.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Tom
Cope.
No: Terry Cross.
Commissioner Johnson said that there should be some form of documentation with the Ditch Company.
He is also concerned with the intersection of Highway 34 and County Road 50 as it is a dangerous turn.
Commissioner Beck agreed with Mr. Johnson's comments and added that he doesn't believe they are
getting enough information from the proper people at WETCO Farms.
Commissioner Cope said that he has serious concerns about Highway 34 and County Road 50. He realizes
that Highway 34 is out of their control; however, he doesn't want to the see the County potentially create
an additional safety hazard at an intersection that could be fairly dangerous already. He added that he
would like to see an upgraded traffic count before something like this gets approved and doesn't believe
the traffic study is very well prepared.
3
Commissioner Ford said that he has concerns that there is no crossing agreement with the Ditch Company.
Additionally, the intersection at County Road 50 and Highway 34 needs to be addressed as that is a
dangerous intersection.
Commissioner Wailes cited Sections 23-2-220.A.3 and Section 23-2-220.A.6.
Commissioner Cross stated that he doesn't think this USR will generate that much traffic, understanding
the nature of the business.
Meeting adjourned at 7:46 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
4
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