HomeMy WebLinkAbout20182791.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stifle, 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:
U S R 18-0046
ENRIQUE & ELISA GUERRERO
DIANA AUNGST
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 (SEMI -TRUCK PARKING) 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.
PART SE4 SECTION 22, Ti N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND APPROXIMATELY ONE -TENTH OF A
MILE WEST OF 1-25.
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 as follows:
A. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of Erie, the Town of Dacono
and the City of Northglenn. The Town of Erie submitted referral agency comments dated May 29,
2018, and the City of Northglenn submitted referral agency comments dated May 22, 2018, both
indicated no concerns. The site is not located within an Intergovernmental Agreement Area (IGA)
of any municipality.
B. 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 map:
A. 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
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 2
requirements , submission of collateral , and testing and approval of completed improvements . �lae
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B . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR18-0046 . ( Department of Planning Services)
2) The attached Development Standards . (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 . D of the Weld County Code . (Department of
Planning Services)
4) The applicant shall delineate 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 the landscaping/screening for the parking area . ( Department of
Planning Services)
6) The map shall delineate the lighting , if applicable . (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
Se�vices)
8) The map shall delineate the parking area . ( Department of Planning Services)
9) 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. Tnis road is
maintain�d by Weld County. ( Department of Public Works)
10 ) 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)
11 ) Show and label the approved tracking control on the site plan . ( Department of Public Works)
12) 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 travesed 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)
13) The appl �cant shall show the drainage flow arrows . ( Department of Public Works)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property . ( Department of Public Works)
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 3
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the 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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
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@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 one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by David Stahl, Sr.
VOTE:
For Denial Against Denial
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
David Stahl, Sr.
Michael Wailes
Elijah Hatch
Absent
Bruce Johnson
Bruce Sparrow
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 4
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 August 21, 2018.
Dated the 21st of August, 2018
46ictvu,,&,oten:
Kristine Ranslem
Secretary
RESOLUTION USR18-0016
ENRIQUE & ELISA GUERRERO
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enrique & Elisa Guerrero
USR18-0046
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0046, for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or
Industrial Zone Districts (semi -truck parking) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 6:00 a.m. to 6:00 p.m. Monday thru Saturday. (Department of Planning
Services)
4. The maximum number of employees shall be 8. (Department of Planning Services)
5. The maximum number of trucks shall be limited to 12. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adnere 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)
9. The property owner shall control noxious weeds on the site. (Department of Public Works)
10. 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)
11. The haul route would be to the east toward 1-25 for all trucks. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
15. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. 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)
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 6
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. In the event the applicant intends to utilize the existing septic system, for business use, the septic
system shall be reviewed by a Colorado registered professional engineer. 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)
24. If the event the applicant utilizes the existing septic system, a permanent, adequate water supply shall
be provided for drinking and sanitary purposes. (Department of Public Health and Environment)
25. 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)
26. 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)
27. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 7
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
32. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available 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
RESOLUTION USR18-0046
ENRIQUE & ELISA GUERRERO
PAGE 8
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.
ccn'mrni tN__
OSi2 IIS
SUMMAR" OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 21, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 cm.
Roll Call.
Present: Bruce Johnson, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent: Bruce Sparrow
Also Present: Kim Ogle, Diana Aungst, and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and
Kris Ranslem, Secretary.
Bruce Johnson left the meeting at 2:36 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0046
ENRIQUE & ELISA GUERRERO
DIANA AUNGST
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 (SEMI -TRUCK PARKING) 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.
PART SE4 SECTION 22, T1 N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND APPROXIMATELY ONE -TENTH
OF A MILE WEST OF I-25.
Diana Aungst, Planning Services, presented Case USR18-0046, reading the recommendation and
comments into the record. Ms. Aungst noted that five (5) letters were received in opposition with concerns
of noise, vibration, exhaust, traffic, safety, proper licensing of the drivers and property values. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Enrique Guerrero, 3883 CR 6, Erie, Colorado, stated that his property was in violation and is asking for
approval for the storage of 12 trucks on the property.
Commissioner Ford clarified if the trucks are stored off site currently. Mr. Guerrero replied yes. He added
that his family operates the trucking business.
Commissioner Cope asked how often the arena on site is utilized. Mr. Guerrero said that they use it daily
in working their horses and added that he has three (3) rodeos per year. He said that there are cattle on
site; however, they are there for the rodeo events and then taken away after.
Commissioner Stille asked how many people attend the rodeo. Mr. Guerrero said that there are about 500
people that attend the rodeo. He added that the rodeos are held during the daytime.
1
Frank Haug, County Attorney, noted that the application is for the storage of trucks. He recommended that
the Planning Commission consider the request before them regarding the storage of the trucks and how
that meets the Code.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sheryl Elliss, 3923 CR 6, stated that she is a member of Ranch Eggs Neighborhood Association. She said
that the applicant is asking to add 40 semi -truck trips per day through their neighborhood on these roads
which are already restricted to 13 tons. She added that these roads are not designed for that amount of
traffic. Ms. Elliss said that she is concerned with the safety of her grandchildren with the amount of traffic
and the impact to their quality of life.
Ed Kosorok, 3923 CR 6, stated that they are concerned with proximity of the edge of the applicant's
driveway to the edge of their house. Mr. Kosorock and Ms. Ellis provided a visual of how far their house is
from the applicant's driveway. He added that they are concerned with the idling of the trucks and the
exhaust from it and dust issues. Mr. Kosorok said that there were issues in the past with fires that he
expressed concern about.
Mary Haberkon, 3733 CR 6, stated that she is concerned with all the traffic. She added that there is no
place on that road to pull over if the trucks have any problems.
Dee Trembath, 3376 Longview Road, stated that this may seem like a small business but with all of the
traffic and the impact it has on them it is another thorn in their side. She said that the increase of traffic will
be devastating for the neighborhood.
Calvin Hall, 1924 Carol Drive, stated that he agreed with all of the concerns regarding traffic. He said that
the applicant's business has added to the already existing problems. He questioned if he was in violation
in the past how he will comply in the future.
Patrick Spear, 3843 CR 6, stated that he agrees with the same concerns and safety issues with the children
in the area.
The Chair asked the applicant to address some of the concerns of the neighbors.
Mr. Guerrero said that his dad was burning some weeds and the fire department was called. Commissioner
Beck suggested that they maintain the weeds by mowing rather than burning them.
The Chair asked what route the trucks take from the site. Mr. Guerrero said that they head east to 1-25
because most of their work is in the Denver Metro area. The Chair asked if a development standard can
be placed regarding the establishment of the haul route. Ms. Aungst suggested adding a Development
Standard to read "The haul route would be to the east toward 1-25 for all trucks".
Mr. Guerrero said that he is aware of the neighbor's concerns and he has tried to improve the property. He
added that with the ability to allow the storage of the trucks he would be able to improve it even more. Mr.
Guerrero said that he is concerned with the safety of the children in the neighborhood as well and would
be very strict with his drivers accessing and leaving the property as well as driving on the roads.
Commissioner Cope referred to the idling of the diesel trucks to warm up and commented that with the
possibility of 12 trucks in a neighborhood with all of these surrounding homes he wouldn't want to be a
neighbor to that. He is concerned that this isn't the right area for this use. Mr. Guerrero said that trucks
will idle in the morning and added that there are other trucks on the road all day every day.
The Chair asked the Planning Commission what their thoughts were regarding the addition of a
development standard establishing a haul route. Commissioner Beck said that he doesn't know if that
would solve the problem. He added that the problem is there is one access for all the trucks and it is pretty
close to the neighbor.
2
Motion: Add Development Standard 11 to read "The haul route would be to the east toward 1-25 for all
trucks", Moved by Michael Wailes, Seconded by Elijah Hatch. Motion carried 6-1, with David Stahl, Sr.
casting the no vote.
Ms. Aungst requested that the last sentence which reads "The Agreement shall require the construction of
the following capital improvements" in Condition of Approval 1.A be removed. Additionally, she requested
that Condition of Approval 1.A.1.a through 1.A.1.d be removed.
Motion: Delete Condition of Approval 1.A.1.a through 1.A.1.d and amend Condition of Approval 1.A by
deleting the last sentence, Moved by Tom Cope, Seconded by Michael Wailes. Motion carried 6-1, with
David Stahl, Sr. casting the no vote.
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.
Motion: Forward Case USR18-0046 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, citing Section 23-2-220.A.4 and Section 23-2-220.A.7, Seconded by David
Stahl, Sr.
Commissioner Ford agreed for two (2) reasons: 1) the neighbors bought these homes not expecting a
commercial operation next door (not compatible with the area), and 2) safety, as he believes the semi -
trucks pulling off that narrow road into the applicant's residence is a big safety issue.
Commissioner Stahl concurred with Commissioner Ford and added that from his experience enforcement
of any of these conditions out there is going to be nonexistent.
Vote: Motion carried (summary: Yes = 5, No = 2).
Yes: Gene Stille, David Stahl, Sr., Lonnie Ford, Richard Beck, Tom Cope.
No: Elijah Hatch, Michael Wailes.
Absent: Bruce Johnson
Commissioner Stille appreciated the applicant's desire to operate a business and understands that it is
difficult to find land to locate a business. He added that there was a number of reasons that it wasn't
compatible. He congratulated the applicant on having a business and keeping people employed. He
wished the applicant the best.
Meeting adjourned at 4:56 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
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