HomeMy WebLinkAbout20183694.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION U5R t%-cocci
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: USR18-0064
APPLICANT: RUSSELL BAKER & GEORGIA GILMORE
PLANNER DIANA AUNGST
REQUEST 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 AND INDUSTRIAL
ZONE DISTRICTS (TRUCK PARKING) 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
LEGAL DESCRIPTION. LOT A REC EXEMPT RECX15-0028, PART NE4 SECTION 28, T5N, R65W OF
THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54; APPROXIMATELY 0.33 MILES WEST OF
CR 43.
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.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change. And Section 22-2-20. G. 2 - A. Policy 7. 2
states, "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 such development
and should attempt to be compatible with the region. "
This parcel has historically been used as a residence with about seven (7) acres available for
agricultural activities. Productive agricultural activities are not readily supported on this parcel
due to the small lot size. Additionally, the site is one quarter mile east of the intersection of 1st
Avenue and 37th Street [Evans] . There are a couple of properties at this intersection zoned
Industrial (1-3) in unincorporated Weld County. The site has easy access to major transportation
routes such as U . S . Hwy 34 , HVVY 85, and Weld County Parkway.
The site is in the South Platte floodplain and the floodplain regulations prohibit outdoor storage
below the base flood elevation . The applicant is allowed to park trucks on the site. The
surrounding uses are rural residential with a similar commercial use (USR-628) for repair and
maintenance of farm equipment located northwest of the site. There are also the expected mining
operations along the South Platte River. The commercial use is compatible as long it is
appropriately screened from public right-of-way and adjacent residential uses.
Section 22-2-20. H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development. "
The existing residence is served by Central Weld County Water District and a residential septic
system permitted for 2 bedrooms (SP-1500201 ). Bottled water and a portable toilet will be
provided for employees, which is acceptable according to the Weld Department of Public Health
and Environment policy.
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 2
Section 22-2-20.H.8 - A.Policy 8A. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county, state and federal rules and
regulations."
The drainage narrative was submitted and reviewed by the Department of Public Works.The site
meets exception F.1.a.8. for sites where the development of the site does not increase the
imperviousness of the site.
Section 22-2-20.1-A.Goal 9.states,"Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
The trucks will be screened and parked on the southern portion of the site and will be screened by
the house, shop, and Quonset hut. The Latham Ditch is on the south property line and there is
vacant farm ground on the south and west of the site. The old Evans landfill is about one-quarter
mile to the west and northeast of the site and across the street is a USR for repair and
maintenance of farm equipment.The proposed use is in an area that can support this commercial
use and the Development Standards and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.S. 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 and Industrial Zone Districts (truck parking) 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.
Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more intense
or to have a potentially greater impact than uses Allowed by Right."
The Improvements Agreement, Development Standards and Conditions of Approval will
adequately mitigate the impacts of the use. Additionally, the fencing around the parking area
visually buffers the operation from surrounding property owners and the roadways.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The closest residence is
about 300 feet north of the site.
There are ten (10)Use by Special Review Permits issued within one mile of the site. USR16-0013
for building of gates and fences is located on the site and will be replaced by this USR if
approved.SUP-237 for a gravel mining operation is located southwest of the site along the South
Platte River. SUP-46 for a landfill is located west of the site (although obsolete now). SUP-306
for gravel mining, MUSR12-0012 for an RV park,storage and recreation and are all located north
of the site USR-628 for repair and maintenance of farm equipment is located northwest of the
site. USR-668 and USR-852 for an oil and gas production facilities are also located northwest of
the site. USR17-0019 for commercial tree service and firewood business and USR13-0048 for
outdoor storage and parking are located east of the site.
The Weld County Department of Planning Services sent notice nineteen (19) Surrounding
Property Owners within 500 feet of the site. Planning staff did not receive any correspondence
from the Surrounding Property Owners concerning this USR.
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
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 3
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 Town of Kersey,the City of Evans,
Town of LaSalle, Town of Garden City, and the City of Greeley. The Town of Kersey and the City
of Evans did not respond with referral agency comments. The Town of LaSalle's referral
response, dated August 28, 2018, stated no concerns. The Town of Garden City referral
response, dated August 29, 2018, stated no concerns. The City of Greeley, referral response,
dated August 2, 2018, stated no concerns.
The site is also located within the Intergovernmental Agreement Area(IGA)of the Town of Kersey
and the City of Evans.The Town of Kersey responded to the Notice of Inquiry stating that they do
not wish to annex the site. The IGA with the City of Evans was only recently established so no
NOI was sent to the City on this USR.
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 located in a floodplain but not in the Geologic Hazard Overlay District, or in the A-P
(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 soils designated as"High Potential Dry Cropland-Prime if they
become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will not take any Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7--There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards (Section 23-
2-250,Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health,safety,and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement 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.The
Agreement shall require the construction of the following capital improvements. (Department of
Public Works)
B. The applicant shall submit a letter requesting vacation of USR16-0013. (Department of Planning
Services)
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 4
C. The applicant shall submit a floodplain permit (FP) for the uses on the site. (Department of
Planning Services - Floodplain)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0064 (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) Show and label existing screening and proposed fence. (Department of Planning Services)
5) County Road 54 is a paved 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 on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Public Works)
6) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
7) Show and label the approved tracking control on the site plan. (Department of Public Works)
8) 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)
9) The applicant shall show the drainage flow arrows. (Department of Public Works)
10) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy
(.pdf)of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar 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)
3. 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 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 mapsaco.weld.co.us.
(Department of Planning Services)
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 5
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction. This
site requires a tracking control device and 100 feet of recycled asphalt or road base OR 300 feet
of asphalt for tracking control. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. 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)
Motion seconded by Lonnie Ford.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
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 November 6, 2018.
Dated the 6thoff November, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Russell Baker and Georgia Gilmore
USR18-0064
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0064, for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial and
Industrial Zone Districts (truck parking) 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, 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 24-hours a day/7-days a week,as stated by the applicant. (Department of
Planning Services)
4. The maximum number of employees shall be six (6), as stated by the applicant. (Department of
Planning Services)
5. The maximum number of trucks shall be five (5) with seven (7) trailers. (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 landscaping and proposed screening on the site shall be maintained. (Department of
Planning Services)
9. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C-1543E effective date January 20, 2016 (South Platte River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
10. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off-site tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 7
14. 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)
15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
16. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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 and shall contain hand sanitizers. (Department of Public Health
and Environment)
26. 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)
27. 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)
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 8
28. 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 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)
29. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
30. 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.
31. 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.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the
state face a critical shortage of such deposits;and (c)such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
33. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms,those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment;slow-moving farm
vehicles on rural roads; dust from animal pens,field work, harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the 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
RESOLUTION USR18-0067
RUSSELL BAKER&GEORGIA GILMORE
PAGE 9
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.
f2C Mi 'ui &S EXHIBIT
Ii/(9P013
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
(,ls� 113 - ooLoy
Tuesday, November 6, 2018
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 Bruce Johnson, Bruce Sparrow. Elijah Hatch . Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck. Tom Cope.
Absent/Excused : Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez. Department of Building: Lauren Light and Ben Frissell. Department of Health: Evan
Pinkham and Hayley Balzano. Department of Public Works; Frank Haug and Bob Choate, County Attorney,
and Kris Ranslem. Secretary.
Skip Holland entered the meeting at 1 :40 pm .
CASE NUMBER: USR18-0064
APPLICANT RUSSELL BAKER & GEORGIA GILMORE
PLANNER. DIANA AUNGST
REQUEST 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 AND INDUSTRIAL
ZONE DISTRICTS (TRUCK PARKING) 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
LEGAL DESCRIPTION LOT A REC EXEMPT RECX15-0028. PART NE4 SECTION 28. T5N R65W OF
THE 6TH P. M . , WELD COUNTY, COLORADO.
LOCATION. SOUTH OF AND ADJACENT TO CR 54. APPROXIMATELY 0.33 MILES WEST
OF CR 43.
Diana Aungst Planning Services, presented Case USR18-0064, reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic. access to the site and drainage conditions
for the site.
Commissioner Wailes asked what the status is for the Access Control Plan for Freedom Parkway. Ms.
Balzano said that they are currently in the process of developing the Access Control Plan . Mr. Wailes
asked what the status is of the current access point. Ms_ Balzano said that in the Draft Access Control Plan
the current access point is listed as a safety concern and added that they will work with the applicant in the
access permit process for the placement of the access.
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan .
Sheri Lockman , 36509 CR 41 . Eaton . Colorado. said that the applicant will be happy to proceed with the
vacation of the previous USR and added that the activity will be conducted in the existing shop building.
Ms. Lockman said that the applicants have recently moved onto this property and intend to clean up the
property and add additional fencing .
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
Janet Morris, 20625 CR 54, said that they live north of the site. She provided a letter of signatures from
landowners in the area who are opposed to this request. She read the letter into the record. It expressed
concern regarding noise, truck congestion, road conditions from the truck traffic, safety concerns, excessive
speeds, and value of the country lifestyle. She said that they are not opposed to the fencing business, but
they are opposed to the increased truck traffic.
Commissioner Beck asked if she addressed the speeding issue with anyone. Ms. Morris said that she
hasn't and added that the speed limit sign was taken during the flood in 2013 and hasn't been replaced.
She added that she has called the County to have the sign replaced.
Commissioner Wailes asked if there is anything that the applicants could do to mitigate their concerns. Ms.
Morris said that the access is an issue and added that it is dangerous today and doesn't want it to be any
more so.
The Chair asked the applicant to explain the truck traffic. Ms. Lockman said that there are two shifts and
run day and night with five (5) round trips at the most. She added that the traffic will go to the east 100
percent of the time so the people to the west won't see that traffic. Mr. Lockman said they will work with
Public Works and the City of Evans regarding the traffic study to determine what is best.
Commissioner Stille asked how Freedom Parkway will affect this property. Dawn Anderson, Public Works,
stated that the Freedom Parkway Access Control Plan is a planning document where they inventory and
document all the existing access points along that corridor. They also document if it is a safety hazard or
if they are not meeting the Code by spacing or site distance. In this case, the access could potentially be
relocated to meet the County Code. Ms. Anderson emphasized that the Freedom Parkway Access Control
plan has not currently been adopted; however, Staff will be presenting it to the Planning Commission on
November 20, 2018.
Commissioner Johnson said that we have to go with what is currently in the Code and the applicant can
work with the County Public Works Department regarding the access.
Commissioner Holland referred to the statement in the Staff Report regarding adequate provisions for the
protection of health , safety, and welfare of the inhabitants of the neighborhood and County and said that
without an access control plan it seems it is inconsistent. Ms. Anderson said that the Access Control Plan
is a planning document for municipalities to work with the County for future use of the roads. With regard
to safety, the criteria in the Access Control Plan is exactly what exists today in the Weld County Code. She
added that because the Access Control Plan is not adopted does not mean that they are not looking at the
same safety criteria as it exists in the County Code today.
Commissioner Holland said that he is concerned with public safety regarding traffic and flooding and doesn't
feel that these are addressed. Ms. Aungst said that the applicant is requesting to add five (5) trucks. In
regard to the floodplain, the applicant is required to obtain a Floodplain Permit based on the use on the
property. She added that there is no storage of vehicles allowed on the site nor outdoor storage of anything
that could float or be carried away by floodwaters allowed on site. She further added that the applicant has
agreed to these conditions.
The Chair said that the Access Control Plan is a planning document and it is not governing anything at this
point and so we would go back to the County Code which dictates the safety of the access points. He
added that the floodplain is taken care of through permitting and the access through the County Code.
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 USR18-0064 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
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Commissioner Beck said that he hopes Staff will attempt to address some of the safety issues that the
neighbors have brought up.
Commissioner Cope said that he believes it is compatible with the area presently and in the future with the
addition of the Freedom Parkway and added that those issues will be worked out.
Meeting adjourned at 8: 05 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
ATTENDANCE RECORD
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