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Home My WebLink About20180277.tiffBEFRE THE WELD COU RESOLUTION F RECOMM NTY, COLORADO, PLANNING COMMISSION NDAT N THE BOARD OF COUNTY COMMISSI S Moved by Gene Stille, 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: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0063 DANIEL SHEPHERD KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING MEAT, DAIRY AND PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT LOT B REC EXEMPT RE -373; PART N2NW4 SECTION 25, T1 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 2600 FEET EAST OF CR 23; SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO LEONA AVENUE (WATTENBURG TOWNSITE). 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. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.B.2 A.Policy 2.2 allows for commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize tie removal o agricultural land from production. The existing concrete building constructed in 1968 as an insulted produce storage building with an attached cooler was expanded in 1974 to include two offices and an interior loading and staging area with roll -up doors on each end. The use of the building has historically been utilized for the sorting, storage and packing of area produce prior to preparing for shipment to market. The property has been utilized for the parking and staging of over the road vehicles and is encumbered by the South Platte river floodplain. The lands located within the floodplain have historically had at least one cutting of alfalfa. The applicant, seeks to utilize the building and property as a warehouse and distribution Facility for raw food shipment. The applicant operates a food distribution trucking company utilizing the existing refrigerated warehouse to transfer refrigerated freight from trailer to trailer for distribution purposes. 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 the building for the same purpose with the intensity of the use being greater than historically was present on the property. Per the application, the owner is proposing to operate up to 60 refrigerator tractor trailer trucks for over -the -road distribution of RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 2 meat, dairy and produce across the country. While the company trucks are on the road, employees, including drivers may park their personal vehicles on site. There are twenty-six persons employed full time on the site, including 8 local drivers using company trucks for pickup and delivery; 3 persons working in the warehouse; 3 persons working in the shop and 12 persons working in the office. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The proposed facility borders Wattenberg Townsite a residential development to the east, to the north, west and south are large tracts of land in agricultural production. Given the intensity of the proposal, staff will require 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 and as a condition of approval the site lighting will be directed downward and away from neighboring properties. 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.B. allows for an Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Sorting, grading and packing fruits and vegetables for the grower, and Section 23-3-40.W allows for uses similar to the uses listed above as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District (parking, staging and storage of commercial vehicles and equipment and the trucking of agricultural products including meat, dairy and produce) as a Use by Special Review in the A (Agricultural) Zone District. The use on the property continues as a warehouse and distribution center for agricultural products historically grown on premise and more recently, for agricultural products, including dairy and meat products grown off site by local area farmers. The intensity of activity associated with the facility has grown with the new owner and the associated delivery and over the road trucking operation. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties located adjacent to the east are lands associated with the Wattenberg Townsite utilized as single family residences; to the south are lands utilized for agriculture production and lie within the 100 year floodplain associated with the South Platte river, to the west are lands in agricultural production and have oil and gas encumbrances and to the north, across County Road 6 are agricultural lands with oil and gas encumbrances and without improvements. As previously stated, staff is requiring 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 and as a condition of approval the site lighting will be directed downward and away from neighboring properties. Planning staff obtained a string of email correspondence dating back to November 7, 2017 with concerns on the operation of the business on the property and specifically related to long hours of operation and noise associated with the on -site activity. One individual is of the opinion that the business is operating outside of the stipulated agreement, signed by the County Attorney's Office and the applicant and owner of the business on November 27, 2017. 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. RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 3 The site is located within three miles of the City of Fort Lupton, City of Brighton and Adams County. The City of Fort Lupton returned a referral dated November 27, 2017 indicting no concerns. The City of Brighton and Adams County did not return a referral response. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is located within the 100 -year Floodplain, and not within the Airport or Geologic hazard areas. The property is located within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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 approximately 16.6 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 a Screening Plan to the Department of Planning Services for review and approval. All parking areas, vehicle staging and loading areas shall be screened with an opaque material from adjacent properties and public rights of way. (Department of Planning Services) B. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the existing structure. The septic system shall be reviewed by a Colorado Registered Professional Engineer in association with the submittal of a septic permit application. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) C. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well permitted as 13320-F is appropriately permitted for the commercial use. Documentation shall be provided to the Department of Planning Services and the Environmental Health Services Division. (Department of Public Health and Environment) D. The applicant shall submit photos of the sealed floor drains to the Department of Planning Services and the Environmental Health Services Division. (Department of Public Health and Environment) RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 4 E. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0063 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. (Department of Planning Services) 5. The 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) 6. The lighting shall be shown on the map in accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 7. 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) 8. Show the location and dimension of the facility sign. 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) 9. Leona Avenue is a paved 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) 10. County Road 6 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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) 11. Show and label the approved access locations, and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 12. Show and label the approved tracking control on the site plan. (Department of Public Works) 13. 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) 14. Show and label all easements with the recorded document reception number and date on the site plan. (Department of Planning Services) RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 5 15. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 16. The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 17. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 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) 3. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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 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@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) RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 6 Motion seconded by Jordan Jemiola. VOTE: For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Terry Cross Tom Cope Gene Stille Lonnie Ford Against Passage Absent Michael Wailes Richard Beck 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 January 16, 2018. Dated the 16th of January, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rose Holdings, Inc. dba Shepherd Enterprises do Daniel C. Shepherd USR17-0063 I . A Site Specific Development Plan and Special Review Permit, USR17-0063 for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: sorting, grading and packing fruits and vegetables for the grower and for uses similar to the uses listed above as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District (parking, staging and storage of commercial vehicles and equipment and the trucking of agricultural products including meat, dairy and produce) in the A (Agriculture) 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: 6:00 a.m. - 6:00 p.m. Monday — Sunday Warehouse: 6:00 a.m. - 10:00 p.m. Monday — Friday Warehouse: 6:00 a.m. - 6:00 p.m. Saturday and Sunday Local and Over -the -road truck drivers: 24 hours/ day Monday through Friday Saturday and Sunday 6:00 a.m. - 6:00 p.m. as stated in the application materials. (Department of Planning Services) 4. The number of persons employed on site shall be restricted to 26 persons, as stated in the application materials. (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 shall control noxious weeds on the site. (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. 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) 11. 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) 12. 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) RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 8 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 14. 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) 15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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) 16. 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) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. (Department of Public Health and Environment) 19. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. (Department of Public Health and Environment) 20.The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 21.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) 22. 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) 23. The screening on the site shall be maintained. (Department of Planning Services) 24. The historical flow patterns and run-off amounts on site will be maintained. (Department of Planning Services - Engineer) 25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 9 26. 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 -2115E effective date January 20, 2016 (South Platte RiverFloodplain). 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) 27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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: 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 RESOLUTION USR17-0063 DANIEL SHEPHERD PAGE 10 and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. PC., (fl i nu+e3 co i Q /`a0 l g SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 16, 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, Terry Cross, at 12:35 pm. Roll Call. Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie Ford, Richard Beck. Absent: Bruce Johnson. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano and Dawn Anderson, Public Works; Lauren Light and Ben Frissell, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Approve the January 2, 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Gene Stille. Motion passed unanimously. CASE NUMBER: APF LI CANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0063 DANIEL SHEPHERD KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND THE TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING MEAT, DAIRY AND PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT LOT B REC EXEMPT RE -373; PART N2NW4 SECTION 25, Ti N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 2600 FEET EAST OF CR 23; SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO LEONA AVENUE (WATTENBURG TOWNSITE). Kim Ogle, Planning Services, presented Case USR17-0063, reading the recommendation and comments into the record. Mr. Ogle noted that several emails were received concerned with the long hours of operation and noise associated with the onsite activity. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Dawn Anderson, Public Works, reported on the existing traffic and access to the site. Staff requested that a western access be created and close the existing eastern access from Leona Avenue and be reclaimed. Ms. Anderson indicated that the applicant agreed with this change. Hayley Balzano, Engineering, reported on the drainage conditions and floodplain extents for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light stated that the noise level is restricted to the commercia standard, which is 60 decibels during the day and 55 decibels at night. The applicant did submit a noise study that indicates the average nighttime level does meet the commercial standard. However, the daytime level in one location exceeded the commercial standard. Daniel Shepherd, 1771 CR 23, Brighton, Colorado, and Eric Wernsman, 16493 Essex Road South, Platteville, Colorado. Mr. Shepherd stated that he started the business with one truck 29 years ago. He 1 currently operates 55 trucks and 65 employees. He recently relocated the business from Commerce City to this location in August 2017 and added that the building was constructed for food distribution. Mr. Shepherd spoke to the changes he is proposing to mitigate the neighbor's concerns. He has taken the back-up alarms off of the trucks to help with the noise concern. He added that currently he has refrigerated trailers running until he gets his cooler operational; therefore, it will only be temporary. He has agreed to the western access and placing landscaping, along with a berm, along the eastern portion of the site to mitigate the noise, lights and traffic issues. With regard to emissions, he said that 95% of his trucks are 2015 or newer so they comply with all the new emission standards and added that they shut down after 5 minutes running idle. Commissioner Ford referred to the jake brakes and asked if he could require that there be no jake brakes along Wattenburg. Mr. Shepherd replied that he would do that as it is not necessary to use them there. Commissioner Ford asked if the drivers come or leave during the night. Mr. Shepard replied yes. Mr. Ford said that there would be a lot of shifting through Wattenburg and understands the neighbors' concerns with noise. He asked if there is anything that can be done about that. Mr. Shepherd said that the majority of the drivers come from the west. He added that these trucks have automatic transmissions in them so they don't have to rev them up when shifting and he added that he could have a noise level performed on those trucks. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Thomas DeHerrera Jr, 1736 Mary Avenue, referred to the sound test on Friday and added that he was still running his trucks on Sunday at 8:00 and 9:00 pm. He said that he is running past his hours of business. He said that he lives two blocks away and the noise is very loud. He works different shifts and he can't sleep. Lisa Stevens, 6151 Saddleback Ave, Firestone, Colorado, stated that she is representing her father, Thomas Morales who lives at 11531 Edward Street. She feels that noise, dust and fumes from the trucks pose a health issue. She emphasized concern regarding traffic safety with the trucks, excessive noise and dust and fume issues. Daniela and Kenny Perez, 11539 Frederick Street, Ft Lupton, stated that they live directly adjacent to this business. Ms. Perez stated that she filed the violation and there was an emergency hearing before the Board of County Commissioners on August 28, 2017 and it was turned over to the deputy attorney's office. Ms. Perez expressed concern regarding her health regarding the aggravation of this business. She also provided a timeline of the hours of operation and excessive noise from the trucks and equipment on the property. Mr. Perez provided pictures and a few videos of the dust and noise issues from their property line. Commissioner Cope asked if they performed a noise study on their property. Ms. Perez said no and added that their funds are limited. Commissioner Wailes asked Environmental Health to review the process on how the neighbors should handle a noise complaint. Ms. Lauren reported on the process of noise complaints and added that a sound meter can be loaned out for landowners to record noise levels. Mr. Perez emphasized concern regarding noise and lights as he lives adjacent to the property. Although the activity has been reduced recently, they still deal with the dust and noise. Mr. Perez is very concerned with his wife's health from the stress of dealing with this business. They said that they are building a new home on their property and Mr. Perez said that every realtor they have talked to has said that their property value will go down. Tommy and Rachel DeHerrera, 1736 Mary Avenue, stated that they own properties adjacent to this subject site. They expressed concerns of dust, excessive noise and operating beyond the hours of operation. Ms. DeHerrera submitted letters from landowners who could not attend today's hearing. She stated that the applicants do not comply with their hours of operation and it interferes with their quality of life. 2 Mr. Shepherd said that he does not have the ability to manipulate the sound study by not running trucks because he has specific schedules each day where loads go out of state. He added that they run water after grading the property to eliminate the dust. He stated that they have their hours of operation; however, on occasion their drivers come in during the night to get their personal vehicle. Commissioner Beck asked if they would be willing to amend their hours of operation. Mr. Shepherd said that they could but it would be hard to do. He added that with the electronic logs, his drivers are limited to how much they can drive. He further added that before they could park at a Love's Truck stop but now with these electronic logs they can't do that. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Commissioner Wailes said that Mr. Shepherd has stumbled across a great opportunity in that location in regard to the facilities that exist, however, it is unfortunate that it is that close to Wattenburg. He believes that a lot of these issues can be mitigated. Mr. Wailes added that this issue keeps coming up but in regard to noise levels we need to start talking about persistent frequency. Commissioner Cope said that it sounds like noise is an issue. He said that trees and living organisms will absorb a lot more sound than a wall. He added that a wall may block the sound but the trees will absorb it. He doesn't think it will resolve all the issues and problems and it will be an uphill battle for the applicant in this location because it is so close to houses. He strongly encouraged the applicant to control the hours of operation and they need to be reasonable for the neighbors as well. He said the hours are set and if you are outside of those hours you are in violation of the USR. Commissioner Beck said that although there was a produce company there before the scale of the operation has changed. A number of the issues can be mitigated but the frequency and duration of the noise needs to be controlled. Commissioner Ford agreed that most of the issues can be mitigated; however in the middle of the night when a truck comes in or leaves there will be noise for this neighborhood. Commissioner Stille suggested that all traffic come to and leave the site from the west. Additionally, controlling the hours of operation would help greatly. Commissioner Cross said that he understands the nature of the business in working with deadlines to load produce and how it affects the hours of operation. It appears to him that the previous business ran a produce operation but didn't operate a trucking company. He said it is a difficult situation. Motion: Forward Case USR17-0063 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 Gene Stille, Seconded by Jordan Jemiola. Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0). Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Terry Cross, Tom Cope. No: Michael Wailes, Richard Beck. Commissioner Wailes cited Section 23-2-220.A.3 regarding compatibility. He said that the scale of the business exceeds what the location permits. Commissioner Jemiola understands both the applicants and the neighborhood's concerns; however, he feels with the berming and landscaping and relocating the access it would make it compatible. Meeting adjourned at 4:18 pm. 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