HomeMy WebLinkAbout20182844.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION US� � � _ oaa3
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Lonnie Ford , 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 appiication for:
CASE NUMBER USR18-0023
APPLICANT : LES MATSON CONSTRUCTION , INC. , C/O BRIAN HARTMAN
PLANNER : ANGELA SNYDER
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT , AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK AND EQUIPMENTPARKINGAND
STORAGE FOR CONSTRUCTION BUSINESSES ) 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 B REC EXEMPT RECX17-0143 ; PART NW4 SECTION 35 , T5N , R65W OF
THE 6TH P . M . , WELD COUNTY . COLORADO .
LOCATION SOUTH OF AND ADJACENT TO CR 52 , EAST OF AND ADJACENT TO CR 45.
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 . The applicant shall demonstrate :
A . Section 23-2-220. A . 1 -- That the proposal is consistent with Chapter 22 of this Code and any
other applicable code provision or ordinance in effect.
Section 22-2-20. F(2) A . Policy 6. 2. states. "Support opportunities. such as but not limited to
hobby farming and home businesses, to supplement family income and reduce living expenses
for farm families and others who prefer a rural lifestyle "
The proposed commercial activities wili not impact the current agricultural use of the land , as they
will be limited to the dry area of the property.
Section 22-2-20. F(2) A . Policy 7. 2. states, "Conversion ofagricultural 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 Development Standards , and the Conditions of Approval will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibitity with surrounding land uses and
the region .
Section 22-2- 100. A C. Goal 1 . stafes, "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement u�ban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable. "
This site is located within the Kersey Intergovernmental Agreement Area (IGA) and the Town of
Kersey indicated no conflict in the signed Notice of Inquiry response submitted with the
application .
8. Section 23-2-220 .A . 2 -- That the proposal is consistent with the intent of the district in which the
USE is located.
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 2
Sectian 23 -3 - 10 . states "The A (Agricultural ) Zone District is also intended to provide areas for the
conduct of Uses by Special Review which have been determined to be more intense or to have a
patentially greater impact than Uses Allowed by Right . "
The attached De+relopment Standards and Conditians of Approval will adequately mitigate the
impacts af the use.
According to Section 23-3-40. S. , the Weld County Code allows "°Any use permitted as a Use by
Right, an accessory use , or a Use by Special Review in the commercial or industrial zone
districts , 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. PUD
development proposals shall not be permitted to use the special review permit process to
develop ."
C . Section 23-2 -224.A. 3 -- That the USE5 which would be permitted will be compatible with the
existing surraunding land USES .
The proposal includes using one roughly seven thousand 7 , 000 SF barn and approximately 3 . 5
acres of the ±72 . 8 acres for commercial purposes . The commercial area of the property is within a
quarter of a mile from one residence , 22260 County Road 52 . Within one { 1 ) mile of this proposed
facility there are two (2 } Use by Special Re�iew permits: M USR14-0006 , adjacent to the site , for
an oil and gas ser+�ice yard and USR- 1274 for vehicle storage and a recreation facility .
Two phone calls were received from surrounding property owners , citing dust, increased truck
traffic and the operation of a commercial business without the necessary permits . The applicants
held a neighborhood meeting on December 19 , 2018 . Two neighbors , residing in the closest
home to the site , and a representative from the Lower Latham Ditch Company were present.
Concerns were raised regarding dust and truck traffic were raised by the neighbors . The Lower
Latham Ditch Company representative was interested in increasing communication , as the Lower
Latham Reservoir access traverses the applicanYs property. Lower Latham Ditch Company did
not return a referral response , so it is unclear if their concerns have been mitigated .
D . Section 23-2-220 .A.4 -- That the USES which would b� permitted will be compatible with future
develapment of the surrounding area as permitted by the existing zanrng and with th� futur�
development as projected by Chapter 22 of this Code or MASTER PLANS of affected
municipalities .
This sit� is located within the Kersey Intergovernmental Agreem�nt Area ( IGA) . In the Notice of
Inquiry response submitted with the application , the Town of K�rsey stated no concerns . The site
is located within the three- mile Urban Growth Boundary ( UGB} areas of the Cities of Evans and
Greeley and th � Town of LaSall�. Th � Town of LaSall �, in a referral response dated June 26,
2018 , r�quested that as much traffic as possible be div�rt�d away from County Road 52 as it
enters the Town of LaSalle, with County Roads 43 , 47 and 49 listed as preferred truck routes .
E . Section 23-2-220.A. 5 -- That the application eomplies with Articles V and XI of this Chapter [23] if
the propasal is located within the Overlay District Areas or a Special Flood Hazard Area identified
by maps officially adopted by the COUNTY.
The site is in the Airport Overlay District . The site is not in a floodplain or geohazard overlay
district.
F . Section 23-2-220 . A. 6 -- That if the USE is praposed to be located in the A (Agricultural ) Zone
District, the applicant has demanstrated a diligent effart has been made to conserve PRIME
FARMLAND in the locational decision for the proposed USE .
The proposed facility is located on approximately 3 . 5 acres of the 83-acre site . The soils therein
are designated " Prime {Irrigated}" per the 1979 Soil Conservation Service Important Farmlands of
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 3
Weld County Map, however the pi�ot does not reach that part of the field where commercial
operations take place.
G . Section 23-2-220.A. 7 — That there is adequate provisian far the protection of the health , safety
and welfare of the inhabitants of the NEIGHBQRHODD and the 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. Building Permits issued on the lot will be required to adhere ta the
fee structure of the County-1Nide Road Impact Fee Pragram , County Facility Fee and Drainage
Impact Fee Programs .
This recommendation is based , in part, upon a re�iew of the application materials submitted by the applicant,
other rele�ant 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 attempt to address the requir�ments of the Tawn of LaSalle , as stated in the
referral response dated June 26 , 2018 . Written evidence of such shall be submitted to the
Weld County Department of Planning Services . {Department of Planning Services )
B . A Final Drainage Report and Certification of Compliance stamped and signed by a
Professianal Engineer registered in the State of Colorado is required . ( Department of Public
Works}
C . The applicant shall attempt to address the requirements of Colorado Parks and Wildlife , as
stated in the referral response dated July 5 , 2018 . Written evidence of such shall be submitted
to the Weld County Department of Planning Services . ( Department of Planning Services}
D . The applicant shall submit a Landscape and Screening Plan to the Weld County Department of
Planning Ser�ices in accordance with Section 23-2-240.A. 10 .
E . The LJSR map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled U � R18-0023 {Department of Planning Ser+iices}
2 . The attached Development Standards . ( Department of Planning Services}
3. The map shall be prepared in accordance with Section 23-2-260 . D ofthe Weld County
Code. {Department of Planning Services )
4. The applicant shall delineate on the map the trash collection areas . Section 23-3-35Q. H
of the Weld County Code addresses the issue of trash collection areas . (Department of
Planning Ser�ices}
5. The map shall delineate existing and proposed landscaping andlor 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 coordination with Dark Sky Standards 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
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 4
and Appendices 23-C, 23- D and 23- E af the Weld County Code. (Department af Planning
Services )
8. The map shall delineate the parking area for the vendors , customers andlor employees in
accordance with Appendix 23-A and Appendix 23-B of the Weld County Code.
( Department of Planning Services}
9. 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 52 is a gra�el 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 fram the edge of right-of-way. This road is maintained by Weld County.
( Department of Public Works}
11 . County Road 45 Section Line is shown to have 60 feet of unmaintained section line right-
of-way per the Weld Caunty GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan . All setbacks shall be measured from the edge af
right-of-way. { Department of Public Works )
12 . 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 )
13 . Show and label the approved tracking control on the site plan . ( Department of Public
Works )
14 . Show and label the section line Right-of-Way as "CR 45 Section Line Right-Of-Way, not
County maintained ." {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 �ehicle (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 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 )
17 . The applicant shall show the drainage flow arrows . ( Department of Public Works}
18 . Show and label the parking and traffic circulation flow arrows showing how the traffic
mo�es around the property. {Department of Public Works �
19 . The applicant shall delineate 0 . 25-mile and 0 . 5-mile buffers from the eagle nest site
( Department of Planning Services}.
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 map for preliminary appro�al to the Weld County Department of
Planning Ser+�ices . 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 recarded 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
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 5
for paying the recording fee . (Department of Planning Services )
3 . In accordance with Weld Caunty Code Ordinance #2012-3, appro�ed 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)
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 maps(c�co.weld . co .us .
( Department of Planning Services}
5 . Prior to Construction :
A. If more than 1 acre is to be disturbed , a Weld County grading permit uvill be required .
( Department of Public Works}
6 . 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 acti�ity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Us� by Special Review map is ready to be recorded in th� office of
the Weld County Clerk and Recorder or the applicant has been appro�ed for an early release
agreement. {Department of Planning Services}
Motion seconded by Bruce Sparrow .
VOTE :
Far Passat�e Aqainst Passaqe Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Da�id Stahl , Sr.
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 .
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
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 September 4 , 2018 .
Dated the 4t" of September, 2018
�'�'YL�'�� �c • G�t.��-
Michelle Wall
�ecretary
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Les Matson , Les Matson Construction , Inc . & Brian Hartman , Jabez Trucking , Inc .
USR18-0023
1 . A Site Specific De�elopment Plan and Use by Special Review Permit for any Use permitted as a Use by
Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial Zone Districts
(truck and equipment parking and storage for construction businesses ) pro�ided 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. {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 aperation are 7 :00 a . m . — 6: 00 p .m . Monday — Saturday. ( Department of Planning Services}
4 . The number of employees shall be five (5) . ( Department of Planning Services}
5 . The number of commercial vehicles shall be limited to three (3). (Department of Planning Ser�ices}
6 . The number of cargo containers used as storage shall be limited to five {5}. { Department of Planning
Services )
7 . The parking area on the site shall be maintained . ( Department of Planning Services}
8 . The number of vehicle roundtrips shall be limited to +�A��^ ��_f^� � r r �^ ) six (6}. {Department of Planning
Services )
9 . All signs shall adhere to Chapter 23 , Article IV, Di�ision 2 and Appendices 23-C , 23-� and 23-E af the
Weld County Code . (Department of Planning Ser�ices )
10 . The landscapinglscreening on the site shall be maintained in accordance with the approved Landscape 1
Screening Plan . ( Department of Planning Services}
11 . Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties and incorporate Dark Sky Standards . Sources of light should not cause a nuisance or interfere
with the use on the adjacent properties in accordance with the map . Neither the direct, nor reflected , light
from any light source may create a traffic hazard to operators of motor vehicles on public or pri�ate
streets . No colored lights may be used which may be confused with , or construed as , traffic control
devices . {Department of Planning Services )
12 . No surface occupancy shall occur within 0 . 25 mile of any active bald eagle nest site or winter night roost.
No human encroachment or disturbance shall occur within 0 . 5 mile any active bald eagle nest site from
November 15 to July 31 of each year nor within 0 .5 mile any active bald eagle winter roost site from
November 15 to February 28 of each year. {Department of Planning Services )
13 . All liquid and solid wastes (as defined in the Solid Wastes Dispasal Sites and Facilities Act, 30-20- 100 . 5,
C . R. S .} shall be stored and remo�ed for final disposal in a manner that protects against surface and
groundwater contamination . ( Department af Public Health and En�ironment}
14 . 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}
15 . Waste materials shall be handled , stored , and disposed in a manner that controls fugitive dust , fugitive
particulate emissions , blowing debris, and other potential nuisanc� conditions. The facility shall operate in
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 8
accardance with Chapter 14 , Article 1 of the Weld County Code and the accepted waste handling plan .
( Department of Public Health and En�ironment}
16 . 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}
17 . 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)
18 . 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 a�ailable for review by the Weld
County Department of Public Health and En�ironment. Portable toilets shall be ser+�iced by a cleaner
licensed in Weld County and shall contain hand sanitizers . ( Department of Publie Health and
En�ironment}
19 . 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 . A permanent, adequate water supply shall be provided fordrinking and sanitary purposes . {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 Environm�nt)
22 . The property owner shall control noxious weeds on the site . {Department of Public Worksj
23 . The access to the site shall be maintained to mitigate any impacts to the public road including damages
andlor 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
appro�ed Right-of-Way Use Permit prior to commencement. (Department of Public Works )
26 . The historical flow patterns and runoff amounts on the site will be maintained . {Department of Public
Works )
27 . Weld County is not responsible for the maintenance of onsite drainage related features . {Department of
Public Works}
28 . Building permits may be required , per S�ction 29-3- 10 of the Weld County Code . Currently, the following
ha�e 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 ) complet� sets of
engineer�d 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 Inspectionj
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 Re�iew 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
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 9
Development Standards , as shown or stated , shall require the appro�al of an amendment of the Permit by
the Weld County Board af 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
Ser�ices .
31 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32 . The property owner or aperator shall be responsible for complying with all af the foregoing Development
Standards . Noncompliance with any of the foregoing Development Standards may be reason for
re�ocation of the Permit by the Board of County Commissioners .
33 . RIGHT TQ 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 mo�ing into these areas
must recognize the various impacts associated with this de�elopment. Often times , mineral resource sites
are fixed to their geographical and geophysical locations . Moreo�er , these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource .
34 . WELD COUNTY' S RIGHT TO FARM STATEMENT: Weld County is one of the most producti�e
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 , induding 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 �xpected to change their long-established agricultural
practices to accommodate the intrusions of urban us�rs into a rural area . Vllell-run agricultural activities
will g�nerate off-site impacts , including noise from tractors and equipment; slow-mo�ing 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 . , pro�ides 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 forthe agricultural community . It is unrealistic to assume
that ditches and reservoirs may simply be mo�ed "out of the way" of residential de�elopment. 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 af the County,
RESOLl1TION 11SFt18-0023
LES MATSON GONSTRUCTION , INC . , CIO BRIAN HARTIUTAN
PAGE 10
and the distances which must be tra�eled may delay all emergency responses , including law enforcement,
ambulance , and fire. Fire protection is usually pro�ided by volunteers who must lea�e their jobs and
families to respond to emergencies . County gra�el roads , no matter how often they are bladed , will nat
pro�ide the same kind of surface expected from a paved road . Snow remo�al priorities mean that roads
from subdi�isions to arterials may not be cleared for several days after a major snowstorm . Ser+�ices 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 acti�ities is important , not only fortheir safety, but also
for the protection of the farmer' s livelihood .
� � �� ��� EXHIBIT
a� ( otil � � � �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 9
U52tY, - oo�
Tuesday, September 4 , 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 Vice Chair,
Gene Stille , at 12 : 30 pm .
Roll Call.
Present: Bruce Sparrow, David Stahl , Sr. , Elijah Hatch , Gene Stille, Lonnie Ford , Richard Beck, Tom Cope.
Absent: Bruce Johnson , Michael Wailes
Also Present: Kim Ogle, Chris Gathman , Diana Aungst, Michael Hall , Angela Snyder, Department of
Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ;
Frank Haug , County Attorney, and Michelle Wall , Secretary.
CASE NUMBER : USR18-0023
APPLICANT: LES MATSON CONSTRUCTION , INC . , C/O BRIAN HARTMAN
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE OR A USE BY SPECIAL REVIEW PERMIT IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCK AND
EQUIPMENT PARKING AND STORAGE FOR CONSTRUCTION
BUSINESSES) 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 B REC EXEMPT RECX17-0143 ; PART NW4 SECTION 35 , T5N ,
R65W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 52 , EAST OF AND ADJACENT TO
CR 45 .
Angela Snyder, Planning Services , presented Case USR18-0023, 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. Ms. Snyder said it should be noted
that a portion of Development Standard 18 was accidentally deleted in the staff report. Planning
recommends that Development Standard 18 be updated to match the standard recommended by the
Department of Environmental Health .
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 . Ms . Light mentioned that a portion of her Development Standard
6 from her referral which addresses portable toilets was left out of the draft resolution . Ms. Light
recommended adding the verbiage back into the resolution .
Les Matson , 6929 Poudre River Road , mentioned that Brian Hartman who leases the property has spoken
with the Division of Wildlife regarding the bald eagles in the area . The Department of Wildlife is aware of
the business and they have a verbal agreement with them . Mr. Matson said they have the infiltration pond
in place for the drainage.
Commissioner Beck asked staff if the applicant is currently under violation . Angela Snyder, Planning
Department, said that was correct. They are in violation for commercial storage without a permit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
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Donna Stevenson, 22260 CR 52, Greeley, Colorado, stated she lives directly to the east of the property.
The entire west boundary of her property line goes right along the road. Ms. Stevenson is upset because
she goes to her home for sanctuary and does not want to be next to a business. The road is less than a
hundred feet from her property line. The truck traffic trips cause dust and noise that has a significant impact
on her property and other neighbors. She does not feel the road is designed to support the amount of traffic
or the kind of traffic. Ms. Stevenson requested some stipulations be put in the guidelines of the permit.
She said that semi -truck trips be limited to six trips per day. Ms. Stevenson does not want the number of
trucks stored on the property to increase in number. Employee trips need to be limited to four trips per day.
She also does not want any commercial use of storage in the building including commercial truck
maintenance. A permanent solution needs to be done for the dust. She also requested that no other
vehicle be allowed on the property in addition to what is currently on the property. No more commercial
vehicles, other vehicles allowed then what is already there. Ms. Stevenson stated that she will be a good
neighbor if guidelines are met.
Scott Stevenson, 22260 CR 52, Greeley, Colorado, stated that some of their neighbors asked him to speak
on their behalf. Neighbors are concerned about the road damage to County Road 52 as well as the bridge.
Mr. Stevenson said that road maintenance and dust mitigation have not been done for the past two years
that the trucks have been using the road. A brief neighborhood meeting was held in December where
neighbors expressed their concerns about the dust and other concerns and the applicant has done nothing
to correct the issues.
Brian Hartman, 2413 27'" Avenue Court, Greeley, Colorado, said he is purchasing property from Les
Matson. Mr. Hartman said that he moved the steel off the property and moved a shed at the neighbor's
request. He will have two trucks on the property and he will be the only driver.
Chair asked applicant to address concerns. Mr. Matson explained the road is also used by a ditch company
and an oil and gas company. There is one person who drives a truck and he makes between one and three
trips per day. He said they do not drive the trucks east on County Road 52 because of damage made to
the bridge by County vehicles when they were repairing County Road 52.
Commissioner Beck asked the applicant how many truck trips they make a day. Mr. Matson said they
sometimes have two or three trips per day. He said pickups also use the road. Commissioner Beck asked
what the hours of operation are. Mr. Matson said between 7:00 a.m. through 5:00 p.m. Commissioner
Beck asked if the applicant could work on the dust situation and limit their truck trips to six per day.
Angela Snyder, Planning Services, stated that Development Standard 8 will need to be amended to read
the number of vehicle roundtrips shall be limited to six trips. She also said Development Standard 6 could
be amended to change the hours of operation.
The applicant would like to leave the hours of operation from 7:00 a.m. to 6:00 p.m.
Motion: Amend Development Standard 8 to read the number of vehicle trips shall be limited to six (6) trips,
as recommended by Staff, Moved by Bruce Sparrow, Seconded by Richard Beck. Motion carried
unanimously.
Motion: Amend Development Standard 18 to include the wording that was deleted back into the resolution,
as recommended by Staff, Moved by Bruce Sparrow, Seconded by Richard Beck. Motion carried
unanimously.
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 USR18-0023 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 Lonnie Ford, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck.
Absent: Tom Cope
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The meeting was adjourned at 6:49 p.m.
Respectfully submitted,
Michelle Wall
Secretary
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