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Home My WebLink About20184126.tiff EXHIBIT s A BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION LASR- IBS -0059 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, 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: USR18-0059 APPLICANT: DIAN & TRAVIS SHOCKLEY, C/O SHOCKER TRUCKING, INC. PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (PARKING. STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND AN OFFICE), 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 RECX18-0129. PART E2NE4 SECTION 33, T4N, R64W OF THE 6TH P.M. , WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 40; WEST OF AND ADJACENT TO CR 55. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 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.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." The property is located outside of the Inter-Governmental Agreement and Urban Growth Boundary Areas and is not within the three mile referral area of a municipality and is located in rural Weld County on a parcel of land less than one mile from a paved road The property is the residence and base of operations for Shocker Trucking, LLC and provides for parking, staging and storage of the company vehicles and equipment. Section 22-2-20. 1 .5 A. Policy 9. 5 states "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. " Ten (10) referral agencies reviewed this land use application and three (3) offered comments that are addressed through the Conditions of Approval and Development Standards. Section 22-6-20.A ECON.Goal 1 . Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County. The current operator utilizes a small area of the ranch to operate a small specialized over-the-road trucking business that specializes in oversized freight for delivery across the Country. While the company trucks are on the road, employees. including drivers may park their personal vehicles on site for the duration of the trucking job. . . Section 22-2-100. E. C. Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility adjacent to County Road 55 and utilizes the same access to the property for the Shockley residence and business. There are adjacent residences in the general area, predominately to the south and west. To the north is the DCP Marla Compressor Station, lands permitted for a dairy and a RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, 0/O SHOCKER TRUCKING , INC. PAGE 2 high-pressure gas line; to the east are vacant lands and the Box Elder Creek floodplain, all surrounding lands have oil and gas encumbrances including well heads and tank batteries. The property owners sent by US Mail a letter dated May 10, 2018 to all surrounding property owners inviting them to an open house on Sunday May 20, 2018. There were no neighbors who responded or attended the open house. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23. Article III , Division 1 , Section 23-3-10 addresses the intent of the Agricultural Zone District. "The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. 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 A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County." Section 23-3-30 addresses Accessory Uses in the Agricultural Zone District, Subsection 23-3-40.M addresses Commercial Vehicles. "No additional Commercial Vehicles are allowed, unless part of a commercial or industrial use otherwise permitted by Subsection 23-3-40. S." Section 23-3-40. S states "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (parking, staging and storage of commercial vehicles and equipment and an office) , 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. " The property owner and applicant operate, albeit in violation of operating without a land use permit, a small family trucking business from the property. C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located adjacent to County Road 55 and above the adjacent elevations of all surrounding land and utilizes the same access to the property for the Shockley residence and business. There are adjacent residences in the general area, predominately to the south and west. To the north is the DCP Marla Compressor Station, lands permitted for a dairy that appears to not be in existence, and a high-pressure gas line; to the east are vacant lands and the Box Elder Creek floodplain, all surrounding lands have oil and gas encumbrances including well heads and tank batteries. The Weld County Code requires the outdoor storage/staging of vehicles to be screened; a Parking Plan to address the parking location on the property to mitigate the impacts of noise and exhaust onto neighboring properties. As a condition of approval, the site lighting will be directed downward and away from neighboring properties and incorporating the Dark Sky policy. Planning staff has not received any correspondence from surrounding property owners or interested persons about this case. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within three miles of a municipality or County. E. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is not located within the 100-year Floodplain , Airport, Geologic Hazard or MS4 areas. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, CIO SHOCKER TRUCKING, INC. PAGE 3 County Facility Fee, Drainage Impact Fee and Capital Expansion Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 10 acres designated "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site does not have irrigation water rights therefore no prime farm ground will be removed from the County. 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 USR map: A. The applicant shall submit the approved and signed RECX18-0129 Recorded Exemption Plat B. The applicant shall submit a Lighting Plan, incorporating the Dark Sky policy, for review and acceptance by the Department of Planning Services in accordance with Section 23-3-250. B.6 and Section 23-2-250. D of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a Visual Mitigation and Screening Plan to the Department of Planning Services for review and acceptance in accordance with Section 23-3-250.A.5 of the Weld County Code. (Department of Planning Services) D. The applicant shall submit a Sign Plan , if applicable, in compliance with Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the Department of Planning Services for review and acceptance. (Department of Planning Services) E. 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. (Department of Public Works) F. The map shall be amended to delineate the following: 1 . All sheets of the map shall be labeled USR18-0059 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4. The applicant shall show and label the location of the proposed buildings, as applicable. 5. The applicant shall show and label the location of the truck parking, employee parking and equipment storage and staging areas. RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, O/O SHOCKER TRUCKING, INC. PAGE 4 6. The applicant shall delineate the trash collection areas. (Department of Planning Services) 7. The visual mitigation and screening shall be shown on the map in accordance with Section 23-3- 250.A. 5 of the Weld County Code. (Department of Planning Services) 8. The lighting shall be shown on the map in accordance with Section 23-3-250. B.6 of the Weld County Code. (Department of Planning Services) 9. The parking shall be shown on the map in accordance with Section 23-3-250.A.2 of the Weld County Code. (Department of Planning Services 10. Show the location and dimension of the facility sign , if applicable. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 11 . County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 12. County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 13. 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) 14. Show and label the approved tracking control on the site plan. (Department of Public Works) 15. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 16. The applicant shall show the drainage flow arrows. (Department of Public Works) 17. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 18. Show and label all easements with the recorded document reception number and date on the site plan. (Department of Planning Services) 19. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50 . E of the Weld County Code. . (Department of Planning Services) 2. Prior to Construction: A. If more than one ( 1 ) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services-Engineer) B. 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 asphalt OR 300 feet of asphalt for tracking control. (Department of Public Works) RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, O/O SHOCKER TRUCKING, INC. PAGE 5 3. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1 ) electronic copy (.pdf) of the USR 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) 4. 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) 5. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). . The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a,,co.weld.co.us. (Department of Planning Services) 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 Bruce Johnson. 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. RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, O/O SHOCKER TRUCKING. INC. PAGE 6 CERTIFICATION OF COPY I . Michelle Wall . 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 20. 2018. Dated the 20th of November, 2018 '4YZccMilt,Michelle Wall Wall Secretary RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, O/O SHOCKER TRUCKING, INC. PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Dian and Travis Shockley Shocker Trucking, Inc. and Flip Side Logistics LLC USR18-0059 I . A Site Specific Development Plan and Use by Special Use Permit, USR18-0059, 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 (parking, staging and storage of commercial vehicles and equipment and an office), 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: Company Office: 8:00 a.m . — 3: 00 p.m. Monday — Friday Over-the-road truck drivers: 24 hours/ day Monday through Friday, as stated by the applicants. (Department of Planning Services) 4. The number of persons employed on site shall be restricted to up to twelve (12) persons, as stated by the applicants. (Department of Planning Services) 5 . 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) 6. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15. Articles I and II . of the Weld County Code. (Department of Public Works) 7. 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) 8. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 9. 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) 10. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 11 . The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. (Department of Public Works) 12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 14. 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) 15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, O/O SHOCKER TRUCKING, INC. PAGE 8 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) 16. 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 and the accepted waste handling plan. (Department of Public Health and Environment) 17. 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) 18. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25- 12-103 C. R. S. (Department of Public Health and Environment) 19. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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) 20. 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) 21 . A permanent. adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 234205) cannot be used for the business unless it is repermitted to allow commercial use. (Department of Public Health and Environment) 22 . All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers' recommendations. (Department of Public Health and Environment) 23. 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) 24 . 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 Dark Sky standards and 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) 25. The visual mitigation or screening on the site shall be maintained. (Department of Planning Services) 26. 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) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, 0/O SHOCKER TRUCKING; INC. PAGE 9 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. 29. 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. 30. 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. 31 . 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. 32 . WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment: slow-moving farm vehicles on rural roads: dust from animal pens, field work, harvest and gravel roads: odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife:: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying . It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C. R.S. , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been , and continues to be. the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4, 000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available RESOLUTION USR18-0059 DIAN & TRAVIS SHOCKLEY, CIO SHOCKER TRUCKING, INC. PAGE 10 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. Akk*thl -e-3 EXHIBIT tija-o101 % Ilfir��,JJ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING /Asp. i _coS9 Tuesday, November 20, 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: Michael Wailes, Bruce Sparrow, Bruce Johnson , Tom Cope, Lonnie Ford, Richard Beck. Absent: Gene Stille, Elijah Hatch, Skip Holland. Also Present: Kim Ogle, Chris Gathman, Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell , Department of Health : Evan Pinkham. Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion : Approve the November 6. 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Tom Cope. Motion passed unanimously. Commissioner Skip Holland joined the Planning Commission hearing at 1 :22 p. m. CASE NUMBER: USR18-0059 APPLICANT: DIAN & TRAVIS SHOCKLEY, C/O SHOCKER TRUCKING, INC. PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (PARKING. STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND AN OFFICE), 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 RECX18-0129, PART E2NE4 SECTION 33, T4N, R64W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 40; WEST OF AND ADJACENT TO CR 55. Kim Ogle. Planning Services, presented Case USR18-0059. 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. Evan Pinkham. 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. Commissioner Wailes asked staff what the commercial noise limit is. Staff replied the noise limit is 60 during day hours and 55 during evening hours. Commissioner Wailes asked why commercial noise limits are used in the Ag zone. Staff explained commercial is used for businesses. The Board of County Commissioners can decide if they want to change the noise limit to Residential. Dian and Travis Shockley, 18757 County Road 55, Kersey. Colorado. Ms. Shockley stated they have a small trucking company. Both she and Travis drive trucks. There is one truck driver who works part-time in the summer and full-time in the winter. Their daughter helps work in the office. Chair Wailes asked the applicant what area they normally haul to. Mr. Shockley said they haul locally, but they also do long hauls. Commissioner Johnson asked the applicant if they are responsible for getting excess weight permits. Mr. Shockley replied that they always have the correct permits required in each state and for the size of the load they are hauling. Commissioner Cope asked the applicant what materials they haul. Mr. and Ms. Shockley answered rail tanks, swimming pools, big I-beams, building and construction materials. Commissioner Ford asked if they own all their trucks and trailers that are parked/stored on the property. The applicant responded that one truck driver will lease some of their trailers on occasion, but they do not park or store their truck on the property. Commissioner Johnson asked the applicant if they do any maintenance or repair work onsite. Mr. Shockley replied that the trucks are washed offsite and oil changes and major repairs are also done offsite. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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 USR18-0059 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 Tom Cope, Seconded by Bruce Johnson. Commissioner Cope said he agreed with the staffs recommendations. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes : Bruce Johnson , Bruce Sparrow. Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Elijah Hatch , Gene Stille. Meeting adjourned at 5: 19 p. m. 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