HomeMy WebLinkAbout20182127.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE BUSINESS
(COMMERCIAL TRUCK MAINTENANCE, PARKING AND OUTDOOR STORAGE)
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B RE -83, BEING PART OF S2N2SW4SW4 SECTION 28. T5N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 53. APPROXIMATELY 1800 FT NORTH OF CR
52.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220 of the Weld County Code. The applicant shall demonstrate:
A. Section 23-2-220.A.3 -- That the USES which would be permitted will be compatible with the
existing surrounding land USES.
B. Section 23-2-220.A.4 -- That the USES which would 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 this Code or MASTER PLANS of affected
municipalities.
C. Section 23-2-220.A.7 - That there is adequate provision for the protection of the health. safety
and welfare of the inhabitants of the NEIGHBORHOOD and the 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.
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following conditions:
1. Prior to recording the USR map:
A. The applicant shall address the requirements of the Platte Valley Fire Protection District, as
stated in the referral response dated April 23, 2018. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
B The applicant shall address the requirements of the Department of Public Works, as stated in
the referral response dated May 21, 2018. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
C An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
The Agreement shall require the construction of the following capital improvements.
(Department of Public Works)
RESOLUTION USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 2
i. Design and construct a left deceleration/turn lane on CR 53 whenever traffic exceeds
10 vehicles per hour (VPH) turning left into the Property for an average daily peak
hour.
ii. Design and construct a right deceleration/turn lane on CR 53 whenever traffic
exceeds 25 VPH turning right into the Property for an average daily peak hour.
iii. Design and construct a right acceleration lane on CR 53 whenever traffic exceeds 50
VPH turning right out of the Property for an average daily peak hour.
iv. Design and construct a left acceleration lane on CR 53 whenever such a lane would
be a benefit to the safety and operation of the roadway. The County, in its sole
discretion, shall determine if a left acceleration lane is required.
D A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0032 (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 on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate existing and proposed landscaping and/or screening from
adjacent properties and right-of-way in accordance with Section 23-2-240.A.10.
(Department of Planning Services)
6. The map shall delineate the site lighting in accordance with Section 23-2-10.C and
Section 23-2-250.D of the Weld County Code. (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees in
accordance with Appendix 23-A and Appendix 23-B of the Weld County Code.
(Department of Planning Services)
Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
10. County Road 53 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, 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)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
RESOLUTION USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 3
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. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
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)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsaco.weld.co.us.
co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This
site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking
control. (Department of Public Works)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required..
(Department of Public Works)
Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be installed
according to the Weld County On -site Waste -water Treatment System (O.W.T.S.) Regulations.
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County O.W.T.S. Regulations. (Department of Building Inspection)
7. 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 plat 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 USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 4
Motion seconded by Tom Cope.
VOTE:
For Denial
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Denial Absent
Bruce Johnson
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 3, 2018.
Dated the 3rd of July, 2018
-6,Cbbn t- Ranabamet
Kristine Ranslem
Secretary
RESOLUTION USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Centennial Tools and Services, LLC — Juan Ignacio Cruz
USR18-0032
1. A Site -Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility: Oil and Gas Support and Service Business (commercial truck maintenance, parking
and outdoor storage) in the A (Agricultural) Zone District. (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 6:00 a.m. - 7:00 p.m. Monday — Friday, 6:00 a.m. - 6:00p.m. Saturday.
(Department of Planning Services)
4. The number of employees shall be 15. (Department of Planning Services)
5.
The number of vehicle round trips associated with the commercial business shall be limited to 30 per day.
(Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
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)
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. 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)
13. 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.
14. 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)
15. 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 a l l provisions of the Weld County Code, pertaining
to On -site Wastewater Treatment Systems.
RESOLUTION USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
17. 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)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department
of Public Health and Environment)
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
20. 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)
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. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. 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)
26. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement.
27. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates. (Department of Public Works)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
30. 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)
31. 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.
RESOLUTION USR18-0032
JUAN IGNACIO NAC I O CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 7
32. 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.
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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
RESOLUTION USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
PAGE 8
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 becleared 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.
EXHIBIT
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0`1Iu`51r6
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 3, 2018
a
USR i$-oo3a
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 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Bruce Johnson.
Also Present: Diana Aungst and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0032
JUAN IGNACIO CRUZ; C/O CENTENNIAL TOOLS AND SERVICES, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE BUSINESS
(COMMERCIAL TRUCK MAINTENANCE, PARKING AND OUTDOOR
STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B RE -83, BEING PART OF S2N2SW4SW4 SECTION 28, T5N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 53, APPROXIMATELY 1800 FT NORTH OF
CR 52.
Angela Snyder, Planning Services, presented Case USR18-0032, reading the recommendation and
comments into the record. Ms. Snyder noted that two (2) letters were received in opposition to this request
outlining concerns of incompatibility with the residential character of the neighborhood, noise complaints,
increased traffic, road disrepair, inadequate shoulders, child safety to/from and bus stops, working outside
of hours listed in the application, concern over storage of hazardous materials, and noxious fumes. 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 the drainage conditions
for the site. Public Works is requiring tracking control and an Improvements Agreement for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Juan Cruz, 25172 CR 53 and Cameron Knapp, Drexell Barrell Engineering, 710 11th Avenue, stated that
he is the Civil Engineer for the applicant, Juan Cruz. Mr. Knapp said that the applicant is willing to cooperate
and address any concerns that the neighbors have.
Commissioner Cope asked where the wash water from the vehicles will go. Mr. Knapp said it will go into a
containment vault and removed by a contracted licensed waste disposal company. Mr. Cope asked how
many vehicles will be washed per day. Mr. Cruz said that he owns 15 trucks and added that not all of them
will be located on site. He added that he is currently renting a different facility in Kersey and hoping to
purchase that facility. Mr. Cruz said that the business will not be operated at this subject site but will rather
be used for storage. He added that two to three trucks may be washed per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kristine Bauer, 25215 CR 53, stated that her property is directly across the street from the applicant. She
said that she is concerned with the type of operation that will be operated from this site. She added that
the applicant has been operating quite a long time and they have been dealing with the noise. She added
that it is not compatible with the area as it is surrounded by residential homes.
1
Ms. Bauer said that County Road 53 does not have shoulders or turn lanes so any semi -trucks pulling into
or out of the property will have to cross over both lanes of traffic. She is concerned with the volume of the
semi -trucks for this property.
Ms. Bauer said that the pipes that are constantly being loaded or unloaded are happening every day of the
week from early morning to late at night; however, their application states Monday through Friday 6 am to
7 pm. She understands the basic operations of the business but added that it is not compatible with the
neighborhood where people are sleeping and family have gatherings.
Ms. Bauer emphasized concern over the six (6) bus stops which the kids have to cross the roads to get to
their homes.
Todd Loose, 25201 CR 53, stated that he lives one-half mile away and hears the pipe banging and doesn't
know how that can be mitigated. He said that the applicant has said that they fall below the traffic threshold
for turn lanes but the road is so narrow that there have been a lot of incidents on that road. He added that
the applicant has a commercial business currently in the Town of Kersey and doesn't understand why it
needs to be moved into a residential area. Mr. Loose is concerned with the potential lighting on site and
asked how that will be mitigated.
Mr. Loose said that this is used pipe coming off of wells and being dumped on the ground. In his letter, he
explained how hazardous pipe scale is and is concerned with it on this property.
Mr. Loose said that this increased traffic will create a bottleneck. He added that the applicant's map doesn't
show any radius and the parking spaces face directly into the residences to the north and to the south.
Mr. Loose said that he is concerned with what is being stored and/or repaired inside the proposed shop
building. He reiterated that he doesn't know how these issues can be mitigated.
Glenn McClain, Superintendent of Platte Valley School District, 501 Clark Street, Kersey, Colorado, stated
that they currently have six (6) active school bus stops; however, they can potentially have a school bus
stop at any residence that might be along that area. He stated that they have no opinion about the operation
of the business: however, they are concerned about school bus stop safety and the interaction with that
volume of traffic.
Mr. McClain said that in the referral they submitted that the School District is concerned with the unknown
truck traffic that would be created and how that would affect their transportation department regarding their
bus stops. He added that he is willing to work with the applicant but that covers a large span of time and
some of that is their prime school bus traffic time.
Jack Bauer, 25215 CR 53, described the noise from the unloading of the pipe. He added that there is
beeping from the equipment and the clanging from the pipes are so loud. He is concerned when the semi -
trucks stop to turn and the high school kids coming home from school as it is an even more unsafe
environment.
Joann Grosier 25303 CR 53, stated that she lives one -quarter of a mile from the applicant. She expressed
concern with the noise and the amount of loud traffic that the applicant's business has brought to their
neighborhood. She added that when they are in full operation she would hear the constant clanging of
pipes being loaded and unloaded, beeping of backing up equipment and semi -trucks pulling in and off of
the County Road. Ms. Grosier said that this business will change the complexion of the neighborhood
completely and not in a positive way.
Patricia Gibson, 25203 CR 53, supports the oil industry and the applicant in trying to operate a business.
She is concerned with the amount of traffic and the noise. She added that it is an extremely dangerous
entrance into the applicant's property because the trucks cannot make the corners. She further added that
just last night a pickup and trailer could not make the turn into the site without crossing the other lane of
traffic. She is concerned that the list of concerns will not be met and asked that this business not be moved
into the residential neighborhood.
2
Mr. Knapp said that the site entrance will be improved with a 60 -foot radius and it will be paved and will
include a vehicle tracking pad. As far as the noise, they will do what they can to mitigate with buffering and
screening to address these concerns. Mr. Knapp said that they held a neighborhood meeting on March
28th and at the time there were about a dozen people who showed up with questions and concerns. He
added that nobody expressed these types of major issues at that time.
Commissioner Sparrow asked how wide the entrance is now and how wide it will be in the future. Mr. Cruz
said that it is 24 -foot wide currently. Mr. Knapp said they plan to improve the entrance to a 30 -foot wide
entrance with paving the first 100 feet into the site. He added that there is a 60 -foot radius and then it
opens up into a gravel parking area and drive.
Commissioner Sparrow asked how much pipe will be stored on site. Mr. Cruz said he is moving the pipe
for a company so it is not stored long-term. He added that they have 50,000 feet of pipe.
Commissioner Beck said the property doesn't look large enough for it to handle what the applicant is doing
as far as ingress/egress. He added that it doesn't appear that there is anything that will mitigate the noise
that is produced on site. He is concerned that it is an ongoing traffic problem because of the size of the
ingress/egress. He added that the number of trucks to be permitted and with the size and shape of the
property in this location it doesn't look compatible. Mr. Beck liked the idea of finding another location for
this business.
Commissioner Ford referred to the Town of Kersey's referral comments that traffic be diverted and asked
where they plan to divert the traffic. Mr. Cruz said that the traffic will go down County Road 49 to County
Road 50 and then to County Road 53 north to his property. Mr. Cruz said that there is a disposal well
facility 2.5 miles away with produced water from surrounding wells that are going to that facility. He added
that it is just not his trucks on the roadway but these other company trucks that drive all day and night.
Commissioner Ford asked if this site has been checked for decibel levels. Ms. Light said that it is up to the
applicant to meet the decibel level. She added that the limit is 60 dba during the day and 55 dba at night
for commercial. Mr. Ford said that if people can hear the noise half -mile away it is pretty loud and most
likely doesn't meet the noise limit.
Commissioner Cope clarified if there will be 60 truck trips maximum daily. Mr. Cruz said that he doesn't
move 60 loads per day from that site. Mr. Cope asked how many round trips are made per day per truck.
Mr. Cruz said that there are 10 round trips per day. Mr. Cope asked if five of the 15 trucks are just being
parked. Mr. Cruz said that the trucks are not operated from this site as they are operated from their location
in the Town of Kersey. Mr. Cope asked if the applicant is willing to amend their request to 10 round trips
per day. Mr. Knapp said that 60 round trips per day would be at full build out.
The Chair asked the applicant if he is requesting to reduce the number of truck trips. Mr. Cruz said that he
is willing to reduce the number of truck trips to 30 round trips.
Ms. Snyder recommended adding a new Development Standard 5 to read "The number of vehicle round
trips associated with the commercial business shall be limited to 30 per day".
Motion: Add new Development Standard 5, as recommended by Staff, Moved by Michael Wailes,
Seconded by Bruce Sparrow. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Cope said that he feels this site is too small for what they are proposing. He added that
even with reducing it to 30 round trips per day it is incompatible with the area. Commissioner Sparrow
agreed and added that they don't want to limit oil and gas and business, but it is getting to the point where
there is more and more of this activity going on in the County. He asked at what point do they say that the
residences have a right to a certain amount of quality of life.
3
Motion: Forward Case USR18-0032 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Gene Stille, Seconded by Tom Cope.
Commissioner Stille cited Section 23-2-220.A.3 for incompatibility and Section 23-2-220.A.7 due to the
safety of the area.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Commissioner Jemiola cited Section 23-2-220.A.3 and 23-2-220.A.7 echoing Mr. Stille. He said that the
challenge in Weld County is promoting business and oil and gas development but unfortunately there is a
lot of residential sprawl in rural areas. He added that it should be looked at in the Comprehensive Plan.
Commissioner Wailes said that he thinks it is a nice piece of land for what the applicant is proposing.
However, he cited Section 23-2-220.A.4 for the future compatibility as he sees this area to continue to have
more residential development than commercial development.
Commissioner Sparrow said that he is in favor of business but they have reached the point of saturation of
residential in this area that he thinks it is incompatible.
Commissioner Cross echoed the sentiments regarding the size of the property and the condition of the
County Road.
Meeting adjourned at 2:44 pm.
Respectfully submitted,
06,(bhiu.,p4,wCzin.
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
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