HomeMy WebLinkAbout20181535.tiffHEARING CERTIFICATION
DOCKET NO. 2018-41.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0001, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR 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 PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - WETCO FARMS, INC., C/O BRETT BLOOM
A public hearing was conducted on May 9, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 19, 2018, and duly published March 22,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of WETCO
Farms, Inc., do Brett Bloom, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0001, for any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
02- Chair Moreno reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and Commissioner Freeman
excused.
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Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated Western Truck and Equipment Company is proposing to relocate to this
property which has two small areas available and the applicant would utilize the northeastern (NE)
8 -acre corner location for a service center and the southeastern (SE) 9.5 -acre corner location for
the sales lot. He stated the applicant will utilize the existing building at the NE site for parts storage
and construct an additional building for service and repairs and an office. He explained the SE
site will include a truck and equipment sales lot and will be fenced. He reviewed the number of
proposed employees, approximate number of visitors each day, hours of operation, utilities
service, and proposed fire suppression methods. Mr. Gathman explained the locations of the
nearest neighbors and stated staff has received four (4) letters of concern citing issues to include:
sand blowing onto adjacent properties, the need for a wind break and fence to be installed along
the east property line; and, one neighbor installed a fence and provided a copy of the invoice. He
reviewed the site layout to include vehicle circulation and display areas, the existing road
connecting the two (2) areas, and other land outside of these two (2) areas will remain as
farmland. He stated there were other concerns to include, traffic and allegations of the oil and gas
business using that site for storage and vehicles utilizing the connecting road for a drive through
to not have to go around on the public roadway. Mr. Gathman stated the applicant is proposing
two (2) signs with this application and pointed out the Planning Commission did not recommend
approval of one sign. He reported 203 acres of the site to be "Prime" farm ground and that the NE
corner location for the service shop and parts storage is outside the farmed area and the SE
location is located in the area designated as "Other," and the farmed areas will remain in irrigated
crops production. Mr. Gathman stated staff has received correspondence from Randolph Starr of
Star & Westbrook, P.C., an attorney representing the Lower Latham Ditch Company requesting
an agreement and some notes on the plat. He entered the unfavorable recommendation of the
Planning Commission, on a vote of 7-1, into the record as written, due to incompatibility with the
surrounding area and not adequately addressing the impacts on prime farm ground. He displayed
images of the site and surrounding area. In response to Commissioner Kirkmeyer, Mr. Gathman
clarified the locations of the existing accesses and he explained the response from the Colorado
Department of Transportation (CDOT). Ms. Balzano interjected CDOT has granted an access for
this Use off of U.S. Highway 34.
Hayley Balzano, Public Works Engineer representative, stated there are three (3) access
points in the northwest (NW) corner off of County Road (CR) 50 and the Department of Public
Works is not in support of all three (3) accesses; therefore, the applicant will need to work with
Public Works. She stated CR 50 is a local gravel road and there are no average daily traffic counts
available. She explained the application material submitted to the County did not include the traffic
study that was submitted to CDOT, and per the application materials, the applicant indicated
approximately 20 passenger vehicles, eight (8) tandem trucks per day, and 4 semi-truck/trailer
combinations per day. Ms. Balzano stated staff is requesting an Improvements Agreement and
tracking control requiring all travel surfaces have recycled asphalt or road base. Regarding
drainage, Ms. Balzano stated a preliminary drainage report has been submitted and a final
drainage report must be submitted prior to recording the plat. She reviewed the grading
requirements and recommended an additional Development Standard (DS) be added between
DS #29 and #30 requiring the historical flow patterns and runoff amounts be maintained. In
response to Commissioner Cozad, Mr. Gathman stated a traffic study was provided with the
application materials, to which Ms. Balzano apologized for the oversight and stated she will review
this study.
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Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating a water tap from the Central Weld County Water District will provide water
service and a commercial septic system will be installed for the building and is a requirement prior
to receiving the Certificate of Occupancy. She explained the existing house on -site will be
demolished. Ms. Light stated maintenance and body work will occur on -site and the applicant will
use a water recycle system for the wash basin to prevent wastewater from going into the septic
system. She reported a paint booth will also be used which may require an Air Permit depending
on how much paint is used. She stated there will be a 1,000 -gallon diesel tank stored on -site,
which requires registration with the state, secondary containment, and a Spill Prevention, Control
and Countermeasure Plan to be on -site at all times. Ms. Light stated there is a Commercial noise
limit and Development Standards (DS) #9-25 address Environmental Health items.
el Brett Bloom, applicant, stated he has a traffic consultant present and he provided a copy of
the mineral notification (Exhibit E) to the County Attorney. He began his presentation by stating
he wants to build a nice shop to provide services to farmers and construction people on the north
lot which has never been irrigated, and wants to use the south lot for sales. He explained the
concerns at Planning Commission regarding blowing dirt and stated they have put in recycled
concrete and road base on the entire roadway between the two (2) sites and he believes the dirt
continues to blow from the farm ground which he cannot prevent. He also addressed the concerns
regarding the RE -7 Platte Valley School District and explained he has not seen a school bus and
he doesn't understand how this Use will increase traffic enough to be a concern. Mr. Bloom
explained he provided the traffic information to CDOT and they did not believe the Use warranted
turn lanes at this point and stated they would keep track of traffic if there is an increase. He
reviewed the road improvements that have already been made on -site and explained that he is
working with the Latham Ditch Company regarding an agreement and with an engineer regarding
the crossing bridge. He reiterated his operation does not hurt any of the farmland and provides
more tax income for Weld County. In response to Commissioner Kirkmeyer, Mr. Bloom pointed
out the roadway with the crushed rock and recycled asphalt, indicated the location of the ditch
crossing and explained the engineering dimensions.
El In response to Commissioner Cozad, Mr. Bloom explained the importance of the ditch
crossing to minimize traffic onto Highway 34. In further response, he described the general
appearance of the future sales lot.
Jim Park, surrounding property owner (SPO), stated he resides on the property adjacent to
the east and that he is the neighbor complaining about the dust blowing. He explained his family
has been there since 1888, he pointed out his property on the map, and expressed his frustration
regarding the blowing sand that Mr. Bloom hauled in to build up the pad where his building will be
built and having to repeatedly dig out the irrigation ditches for his property. He explained he
contracted to have a fence to try to prevent the sand from blowing onto his farm and the irrigation
ditches. He displayed photos of the sales lots and the Latham Ditch and how it had to be dug out
as well. Mr. Park showed his fence line buried in the sand and his irrigation ditch issue and he
feels like Mr. Bloom should be financially responsible for at least half of the new fence costs and
also for the existing fence that is currently buried and will need to be dug out and possibly
replaced. In response to Commissioner Kirkmeyer, Mr. Park stated he even offered Mr. Bloom
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heavier soil to put on top of his construction pads and Mr. Bloom was not interested. In response
to Commissioner Conway, Mr. Park stated he believes once the building is constructed, it will help
alleviate most of this issue. He requested mitigation for the impact he has endured already.
Chair Moreno recessed the hearing at 2:12 p.m. to return in 15 minutes.
Chair Moreno reconvened the hearing at 2:28 p.m.
• Carl Hergenreder, representative for the Latham Ditch, clarified they are not close to a ditch
crossing agreement, at this time, and that he has requested information four different times to be
able to send it to their engineer and he stated he did not receive anything until after the Planning
Commission hearing. He further mentioned the drainage issue of draining under the ditch and
that there are several stipulations that need to be agreed to. He requested the Board enforce a
contingency that an agreement must be in place with the ditch company for there to be an
approval due to the reality that this Use will affect the operation and maintenance of the ditch.
• In response to Commissioner Cozad, Mr. Hergenreder stated there are maintenance roads
for the ditch on each side within a prescriptive easement. He stated he believes they desire to
utilize their right-of-way. He stated he does not believe it will impede daily operations but may
affect maintenance and burning; therefore, he requested space for a fire break. Mr. Hergenreder
stated he does not feel like they have operated in good faith before the Planning Commission and
he is uncertain how negotiations will proceed. In response to Commissioner Conway, he
explained the minimal ongoing negotiations and he reiterated the need for an agreement to be in
place upon approval due to the potential impact to the ditch and the right-of-way.
• Alycia Carmin, SPO, pointed out her property and stated she is in opposition because of the
of danger to public safety due to the increase of traffic on the highway and CR 50. She stated
there was no secondary access to the sales lot at the time of the Planning Commission hearing
and it is her opinion that this would create even greater risk to the area. She explained the
intersection of Highway 34 and CR 50 is already dangerous with many accidents and the
increased number of semi -trucks turning left will increase the number of accidents due to the lack
of visibility when traveling uphill with the intersection at the top of the hill. She explained she has
lived out there for 24 years and her house is at the top of the hill and she can see everything.
Ms. Carmin suggested a more suitable location be found for this commercial business instead of
using agricultural land and asserted she does not wish to look at a 20,000 -square -foot building.
She requested the Board deny the application.
• Jana Gettman, SPO, stated she received a call from the Superintendent of the School District
requesting she submit a letter to the Board on their behalf. She explained the location of her
property and stated CR 50 is a poorly maintained dirt road with two dangerous curves and she
stated the traffic is already problematic. Ms. Gettman stated the traffic counts are different in the
traffic report than what was presented today. She expressed concern regarding the oil and gas
traffic and usage on the property currently, as well as the house that has asbestos and has only
been partially torn down. She agreed with the previous speaker regarding the terrible conditions
of attempting to turn left at the intersection of Highway 34 and CR 50 and she clarified the school
busses cross CR 50 twice a day. She stated she is against this proposal.
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• Mark Kain, SPO adjacent to the west, stated he is concerned regarding the width of the little
road that runs through the property and the traffic cutting through on this road already. He clarified
the location of the bus stops in the area. In response to Commissioner Cozad, Mr. Kain explained
there is an agricultural crossing over the ditch already and he pointed out where traffic is utilizing
the road because they want to avoid the dangerous intersection. In response to Commissioner
Kirkmeyer, he explained the road conditions, truck pullout, two-lane portion of Highway 34, and
the location of the dangerous intersection.
• Nels Nelson, Windsor resident, spoke in favor due to the agricultural interest in the business.
He stated he used to farm one of the Sparrow farms and as agriculture becomes more efficient,
Western Equipment provides the new trucks and repairs for the farmers. He asserted Mr. Bloom
is not taking any farm ground out of use and there are many dangerous intersections in the County
and everyone has to be aware of the school busses and such. He stated he is in support of the
proposal and that it makes perfectly good sense to put another shop out there.
• Ken Podtburg, SPO, spoke in support of the proposal stating he has purchased trucks from
the applicant and they run a nice shop, are good people, and always do what they say they will
do. He stated he farms one of the Sparrow farms also.
• Randy Mann, Milliken resident, stated the Sparrow family are good neighbors willing to be
helpful and work together. He stated he has seen the developments such as the Peterbilt shop
on Highway 34 and thinks it will be an asset to the community. He stated the smaller trucks are
being phased out as the farmers purchase semi -trucks for agricultural use and it would be nice to
have that location. Mr. Mann stated the erosion and dust blowing will be alleviated when the
buildings are built and the gravel is all in place. He stated he is in support of the application and
thinks it can be worked out.
• In response to Chair Moreno, Mr. Bloom addressed the Latham Ditch situation and stated
he received an electronic mail stating he was only to correspond with the attorney, which is why
Mr. Hergenreder has not gotten any more emails from him. He further explained the ditch
easement, moving the tank battery, eliminating the oilfield traffic and installing "no trespassing"
signs. He stated he has no control over anyone driving on the road but it should not be open to
public use. Mr. Bloom stated, to his knowledge, CDOT has no plans to widen the Highway in that
area. He also stated he has no desire to endanger any children or the public health. In response
to Commissioner Conway, he stated he is in negotiations with the ditch company.
• Chris McGranahan, Traffic Engineer with LSC Transportation Consultants, Denver, CO,
stated he hears the most concerns related to trip generation and impacts to the existing road
system. He reviewed the estimated trip generation for both the north and south sites and
explained his estimation of 32 round trips per day to the north site and 10 round trips per day to
the south site and he explained the impact to Highway 34 as less than 1% and this project does
not warrant turn lanes due to the minimal additional impact. Mr. McGranahan explained the impact
to CR 50 would be highest when the five (5) employees show up and leave each day.
Commissioner Cozad stated the materials state CDOT will be writing a permit for the project. In
response to Commissioner Cozad, Mr. McGranahan stated he has not spoken to CDOT since
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submitting and reviewing the traffic study. In further response, he stated there is not enough traffic
for a traffic signal at the intersection mentioned and as far as the turn radius, again he stated
improvements are typically driven by an increase in traffic volumes. He clarified the Highway 34
access is new and was shown in the traffic study in December. In response to Commissioner
Kirkmeyer, Mr. McGranahan stated he did not know how many people went to the current location
each day. He pointed out the road and explained the reasoning for connecting the sites with the
internal roadway to prevent Highway traffic.
El Commissioner Cozad requested clarification regarding adequate width of CR 50, adequate
turning radii at the intersection of Highway 34 and CR 50, and the three access points.
Ms. Balzano stated from the aerial imagery, the width looks narrow, but she has not been out
there and she clarified the width needs to be 24 feet. She addressed the turning radii and stated
it does not look like trucks have gone off the road but if they are pulling into the opposite lane, it
is a problem. She stated it may be required as a part of the Improvements Agreement to widen
the portion of CR 50 needed for the trucks pulling into the site to 24 feet and adequate turning
radii of 60 feet is required from CR 50 into the site. Ms. Balzano stated Public Works would ask
for one access only for the north site. In regard to traffic cutting through this property, Ms. Balzano
stated this is a concern and she would recommend gating the access to prevent additional traffic.
Commissioner Kirkmeyer stated she would request turn lanes due to safety concerns.
• Commissioner Cozad requested clarification regarding the adequate water supply.
Mr. Gathman stated the Central Weld County Water District responded and stated they can
provide adequate water service for the business component. Mr. Bloom explained the water
storage and fire suppression plans as directed by the Code and the Fire District. In response to
Commissioner Cozad, Mr. Bloom stated he is not planning to do an additional water study
because he provided water bills regarding monthly use and it was accepted. Commissioner Cozad
stated there are items that need to be addressed.
• Chair Moreno stated he is uncertain with moving forward.
El Commissioner Conway suggested a continuance based on pending negotiations with the
ditch company, along with other items to address. He questioned if mitigation would make it cost
prohibitive and suggested giving the applicant the opportunity to address the concerns.
• Commissioner Cozad stated it is the applicant's burden of proof to meet the criteria and
there are things that have not been addressed and she would agree with a continuance. She
recommended solving the dust issue, negotiating an agreement with the ditch company,
demonstrating an adequate water supply, providing more evidence from CDOT regarding the
access points, and working with the neighbors.
El Commissioner Kirkmeyer stated she is uncertain with moving forward. She stated she does
not like all the access points and does not like the access on Highway 34 or CR 50. She further
stated staff needs to determine the best access and formulate any improvements to ensure it is
a safe access, which includes making sure there is enough turning radii to accommodate the Use.
She also stated the water supply issue is confusing and needs to be clarified, in writing, and the
applicant needs to also submit a letter from the Fire District stating they are supportive of the
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storage cistern. Commissioner Kirkmeyer further suggested considering an internal road system,
again with one access point that is safe. She stated she is not in support of a huge sign because
it is an agricultural area. She strongly suggested the applicant address the blowing dust, as that
is not acceptable to treat neighbors in that fashion. She asserted that in order for the Board to get
to "yes", the Board has to feel confident the applicant can abide by the Conditions and criteria and
be a good neighbor. Lastly, she insisted the Crossing Agreement needs to be in place.
Commissioner Cozad moved to continue the request of WETCO Farms, Inc., c/o Brett
Bloom, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0001,
for any Use permitted as a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, to August 8, 2018, at
10:00 a.m. The motion was seconded by Commissioner Conway, who thanked the public for
being present and participating in the process. There being no further discussion, the motion
carried unanimously and the hearing was completed at 3:45 p.m.
This Certification was approved on the 14th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPR• . D AS
Ste a Moreno, Chair
4
bara KirkmeyerL I?ro-Tem
C -
Sean P. Conaway
f
PutheA. Cozad
ounty • ttorney �`N� :�j� EXCUSED
Mike Freeman
Date of signature:
2018-1535
PL2548
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