HomeMy WebLinkAbout20193544.tiffEXHIBIT
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BEFORE 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 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:
LOCATION:
USR19-0028
CURTIS AND CELESTE HURD
ANGELA SNYDER
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 (COMMERCIAL CDL DRIVING SCHOOL) 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.
PART SE4NE4 SECTION 12, LYING EAST OF C/L BULL CANAL Ti N. R68W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 13 (COLORADO BLVD). APPROXIMATELY
0.5 MILES SOUTH OF CR 12 (GRAND VIEW BLVD).
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.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.3. A. Policy 7.3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization
Area or Urban Development Nodes, or where adequate services are currently available or
reasonably obtainable. A municipality's adopted comprehensive plan should be considered,
but should not determine the appropriateness of such conversion.
Section 22-2-30. G Municipal urban growth areas, and uses within these areas, should be
determined through coordination between the County. the participating jurisdiction and the
individual landowner. Development in the area surrounding municipalities requires this type of
coordination, which is achieved, in part, through these methods: the three-mile referral,
Intergovernmental Agreements, a standard quarter -mile County Urban Growth Boundary,
landowner notification and community dialogue. When growth at the municipal/county level is
not coordinated, numerous problems can occur with incompatible adjacent land uses and
violations of private property rights as the most obvious.
The site is adjacent on three sides to the City of Dacono and is within the Intergovernmental
Agreement boundary. Adequate services are readily available. The proposal is not
compatible with the Dacono Comprehensive Plan, which intends this area for residential uses
and related neighborhood commercial uses.
Section 22-2-20.1.5. A. Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with those affected by the
proposed land use change through the referral process.
Section 22-2-30.D Conflicts can exist between urban residential development and existing
land uses. Tension may result, not only from impacts to present uses, but also from
RESOLUTION USR19-0028
CURTIS AND CELESTE HURD
PAGE 2
resistance to change and growth ills important that the County recognize its ability to reduce
conflicts between urban development and other uses when implementing land use policies
Because of the complexities associated with urban development and the increased impacts
to surrounding properties, scrutiny of new urban development proposals is essential to
address issues associated with urban development
A commercial driving school is an industrial use, according to Chapter 23 of the Weld County
Code, permittable at the time of application with a site plan in Zone 1-3 (Industrial) and with a
Use by Special Review permit in Zones 1-2 (Industrial) and A (Agriculture) The school
operates commercial vehicles on courses that come within one hundred (100) feet of three
(3) neighboring residences not associated with the business The properties adjacent to the
west and south have been annexed to Dacono and are expected to become residential
developments within the near future
The proposed use is not in an area that can support this development
B Section 23-2-220 A 3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses
A commercial driving school is an industrial use, according to Chapter 23 of the Weld County
Code, permittable at the time of application with a site plan in Zone 1-3 (Industrial) and with a
Use by Special Review permit in Zones 1-2 (Industrial) and A (Agriculture) The school
operates commercial vehicles on courses that come within one hundred (100) feet of three
(3) neighboring residences not associated with the business The properties adjacent to the
west and south have been annexed to Dacono and are expected to become residential
developments within the near future
Notification of the proposal was sent to eight (8) surrounding property owners A response
was received from an adjacent property owner indicated concerns related to incompatibility
with the Dacono IGA and comprehensive plan, dust, traffic, noise, and property devaluation
C Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities
The site is located within the three (3) mile referral area of the City of Dacono and the Towns
of Erie and Frederick The Towns of Erie and Frederick, in their referral comments, dated
April 4, 2019 indicated no concerns The City of Dacono requested an executed pre -
annexation agreement be in place prior to approval in compliance with the Intergovernmental
Agreement
D Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The site is located within the Intergovernmental Agreement (IGA) area for the City of Dacono
and surrounded on three sides by the municipality The City was notified of the application
and returned a response dated February 25, 2019 indicating that the municipality was
interested in pursuing annexation of the property According to Weld County Code Section
19-2-60 C 2, Weld County shall require an executed annexation agreement
Section 19-2-60 C 2 states the following An essential purpose of this Agreement is to ensure
that urban development will occur only within the limits of the applicable MUNICIPALITY or in
areas which are eligible for annexation to such MUNICIPALITY Therefore, as a condition of
approval of any rezoning, planned unit development, subdivision or use by special review for
any commercial or industnal use pursuant to Section 31 4 18 of the Weld County Zoning
RESOLUTION USR19-0028
CURTIS AND CELESTE HURD
PAGE 3
Ordinance #89 (renumbered as Section 23-3-40 R of this Code), contained in Appendix 19-D,
the COUNTY shall require that there be executed annexation agreement between the
applicant and the MUNICIPALITY which requires the owners to annex the property to the
MUNICIPALITY upon the terms and conditions and within the time stated in the agreement.
No such agreement shall be required in the case of a recorded exemption, subdivision
exemption or use by special review for oil and gas wells.
It was inferred from the referral response that the proposed use does not comply with the
Comprehensive Plan, which indicated the property is located within the Multi -Generational
Living District. The Dacono Forward Comprehensive Plan (2017) states, "Homes of varying
sizes and densities will be co -located so that extended families can live independently, yet in
the same neighborhood community. Supporting uses may include small providers; and / or
accessory units to primary residences, support entrepreneurial employment endeavors and
encore careers or dwelling units for related family members."
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Section 19-2-60.A states the following: If one (1) or more of the municipalities submits a
recommendation or objection, the County will either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the applicable
municipality or municipalities by a separate writing.
Section 19-2-60.C.8 states the following: If a municipality's objection to or recommendation of
disapproval of a Development proposal is based upon a conflict or incompatibility between
proposed uses in the Development and the municipality's anticipated zoning classification for
the property, the County will not approve same unless, in the County's judgment:
a) such conflict or incompatibility is unlikely to occur,
b) that suitable mitigation measures to be imposed by the County as conditions of approval
will eliminate or adequately mitigate adverse consequences of incompatibility or conflict
or
c, the municipality's anticipated zoning classification of the property is unreasonable
because of existing uses of adjacent property.
RESOLUTION USR19-0028
CURTIS AND CELESTE HURD
PAGE 4
The municipality shall be given notice of, and may appear and be heard at, any hearing or other
proceeding at which the County will consider such issues.
Staff does find that incompatibility and conflicts are already occurring at this location. Staff finds
that mitigation measures may be unlikely to address adverse consequences of incompatibility.
Adjacent properties are being used for rural residential homes and agricultural production.
However, the adjacent agricultural properties to the south and west have been annexed into the
City of Dacono with R-2 (Residential) and PUD (Planned Unit Development) zoning indicating
high density residential development is likely in the near future.
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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 map:
A. The applicant shall submit a copy of an executed annexation agreement between the applicant
and the City of Dacono to the Department of Planning Services. (Department of Planning
Services)
B. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated July 9, 20119. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
C. The applicant shall address the concerns of the Mountain View Fire Protection District, as
stated in the referral response dated April 19, 2019. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Planning
Services)
RESOLUTION USR10-0028
CURTIS AND CELESTE HURD
PAGE 5
D. The applicant shall address the requirements of the Farmers Reservoir and Irrigation Company,
as stated in the referral response dated April 24, 2019. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Building
Inspection)
E. A Landscape and Screening Plan that complies with Weld County Code, Chapter 19, Article III -
Dacono, Firestone and Frederick Procedures and Design Standards shall be submitted to and
approved by the Department of Planning Services. (Department of Planning Services)
F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0028 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 19-310 et seq. and 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)
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 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 28-E of the Weld County Code. (Department of Planning
Services)
8. The map shall delineate the parking area for the customers and/or employees.
(Department of Planning Services)
County Road 13 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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. (Department of Public Works)
10. The western half of County Road 13 is under the jurisdiction of the City of Dacono.
Please contact the municipality to verify the right-of-way on their half. Show and label the
right-of-way. Show the approved access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
RESOLUTION USR10-0028
CURTIS AND CELESTE HURD
PAGE 6
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review Permit 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 Tom Cope.
VOTE:
For Denial
Bruce Johnson
Bruce Sparrow
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Denial Absent
Michael Wailes
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
.6146antad Rgeiheteiru
Kristine Ranslem
Secretary
RESOLUTION USR10-0028
CURTIS AND CELESTE HURD
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Integrity CDL Academy LLC
Curtis and Celeste Hurd
USRI 9-0028
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0028, 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 for a Commercial School (CDL driving school) 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, 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 7:00 a.m. — 7:00 p.m., Monday — Saturday. (Department of Planning Services)
4. The number of on -site employees shall be no more than five (5). (Department of Planning Services)
5. The number of commercial vehicles on the site shall be no more than two (2). (Department of Planning
Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan. (Department of Planning Services)
9. 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)
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, 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 facility 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)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
14. Adequate drinking, hand -washing and toilet facilities shall be provided for employees, at all times. 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. Any additional hydraulic load to the existing septic system will require an Evaluation from a Colorado
Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
RESOLUTION USR10-0028
CURTIS AND CELESTE HURD
PAGE 8
Environmental Health Department. In the event the system is found to be inadequate, the system must be
brought into compliance with current Weld County On -site Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
17. 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)
18. 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)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
21. 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)
22. 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 Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. 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.
27. 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
RESOLUTION USR19-0028
CURTIS AND CELESTE HURD
PAGE 9
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.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly► be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, 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.
p c_- vv\-\ Y14t-LS
- - \ 9
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:
USR19-0028
CURTIS AND CELESTE HURD
ANGELA SNYDER
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 (COMMERCIAL CDL DRIVING SCHOOL) 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.
PART SE4NE4 SECTION 12, LYING EAST OF C/L BULL CANAL Ti N. R68W OF
THE 6TH P.M.. WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 13 (COLORADO BLVD), APPROXIMATELY
0.5 MILES SOUTH OF CR 12 (GRAND VIEW BLVD).
Angela Snyder, Planning Services presented Case USR19-0028. reading the recommendation and
comments into the record. Ms. Snyder noted that a letter was received from a surrounding property owner
regarding concerns of compatibility of the Dacono Intergovernmental Agreement (IGA). dust, traffic. noise,
and property devaluation. The Department of Planning Services recommends denial of this application due
to incompatibility with the IGA with the City of Dacono. Should the Planning Commission recommend
approval of this request, Staff included 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.
Curtis Hurd. 4505 Colorado Boulevard, Dacono; Colorado. stated that Ms. Babcock asked if she could
operate her CDL training in his back yard. He wasn't aware that this needed a land use permit. He added
that he is surrounded by Dacono on three sides of his property and was not aware of the IGA with Dacono
and further added that he didn't have an opportunity to vote for it. Mr. Hurd said that Dacono made it clear
in their conversation with them in January that they did not want the CDL school there and that they would
insist on annexation per the IGA. He added that once his property is annexed into the city limits, they would
not allow the school to continue operating.
Commissioner Stille asked how the CDL school functions. Mr. Hurd said that it is set up where there are
backing pads in the back of the property and the property is also used to train for roadside inspections prior
to going out on the road. He noted that Anadarko owns the property south of and adjacent to his property
which is included in the Dacono city limits and they have zoned for multigenerational housing. Mr. Stille
asked if the modular office has classrooms. Mr. Hurd said there is little classroom training but more on the
1
road training Mr Stile asked if the trucks are muffled Mr Hurd said that they comply with State code and
regulations where sound dampening is concerned
The Chair asked if there was anyone in the audience who wished to speak for or against this application
James Blank, 4535 Colorado Boulevard, stated that he lives to the north of the subject site He said they
started with two trucks and now have four trucks and five trailers now He is concerned with the dust from
the trucks as they drive on dirt He expressed concerns regarding the noise, dust and decrease in value of
their property and they continue to expand He encountered a problem when coming back from vacation
where a 1950 truck was parked one foot away from his property and broke his fencepost and no one said
anything to him He reiterated that this is not compatible with residential property
Chad Judge, 806 Kohler Farms Road, Kersey, Colorado, said that he sees opportunity for the neighbors to
get along He agreed with Mr Blank that if this was happening right next to his fence he would be upset
as well He suggested that the'applicants install a tall fence, like the oilfield uses, for dust control or spraying
to keep the dust down He added that there is a shortage of truck drivers and there is a need for schools
like this to ensure that drivers are getting trained properly
Bonnie Babcock, 555 Holly Street, Hudson, Colorado, said that she currently operates only two (2) trucks
A friend of hers who owned a CDL colleague passed away and his family needed to move a couple of his
trucks and so she has stored them until everything was finalized She said that they will be moved off of
the property The trailers are by the property line to help block some of the dust She added that she has
tried talking to the neighbor, but he won't talk to her and isn't nice She wasn't aware of the fencepost being
broke but she will look at that Mr Hurd added that he will walk the fence line and will make sure the fence
is intact and will repair it immediately if needed
Bob Choate, County Attorney, noted that the recommendation was for denial If the Planning Commission
decides to recommend approval, he noted that findings for each of the criteria will need to be made into the
record He referred to Section 19-2-60 C 8 which provides three different options to choose from if the
Planning Commission chooses to recommend approval over the municipality's objection
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
Motion Forward Case USR19-0028 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 Bruce Johnson, Seconded by Tom Cope
Commissioner Cope said that this is a fairly well enforced IGA and the reality is that it doesn't really seem
compatible with residential and then they would be required to annex into the Town and the Town will deny
the availability of zoning that request
Commissioner Wailes said that this is a tough one and the applicant made some good points He added
that the applicant didn't have the opportunity to speak against the IGA and is not within the city limits of
Dacono He said that it is a difficult operation to run in the presence of residential properties
Mr Cope said that the applicant might be able to make adjustment to the location of the school on the
property and it could relatively be a low impact
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stile, Lonnie Ford, Richard Beck, Tom Cope
No Michael Wailes
Commissioner Wailes cited Section 19-2-60 C 8 b that suitable mitigation measures could be imposed by
the County as conditions of approval to adequately mitigate adverse consequences of incompatibility or
conflict to include dust handling agreements and noise standards
Meeting adjourned at 7 11 pm
2
Respectfully submitted,
Kristine Ranslem
Secretary
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