HomeMy WebLinkAbout20183065.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 18, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
Absent: Gene Stifle and Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and
Kris Ranslem, Secretary.
Motion: Approve the September 4, 2018 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Richard Beck. Motion passed unanimously.
CASE NUMBER: USR18-0037
APPLICANT: TAGAWA GREENHOUSES INC, C/O ALEX SELEZNOV, ADVANCED
EXTRACTION, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR PROCESSING AND A USE SIMILAR TO USES BY SPECIAL
REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT AS LONG AS THE USE
COMPLIES WITH THE INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT
(HEMP PROCESSING AND WAREHOUSING & DISTRIBUTION OF HEMP
PRODUCTS).
LEGAL DESCRIPTION: PART OF THE NW4 (INCLUDING LOTS 57 TO 64) OF SECTION 31, T1 N, R65W
AND SE4SE4/E2SW4SE4 SECTION 25, T1 N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH AND SOUTH OF CR 4 AND EAST AND WEST OF CR 37.
Chris Gathman, Planning Services, presented Case USR18-0037, reading the recommendation and
comments into the record. Mr. Gathman noted that Staff has discovered that the southeast parcel of this
USR is located within the boundaries of an old subdivision that was platted in the 1990's. He added that
per the use classification they had originally identified it as a commercial and industrial use for Use by
Special Review Permit; however, that type of classification is not allowed within a platted subdivision.
Therefore, they had to reclassify the application to call it out as a use that is similar with the general intent
of other Uses by Special Review in the Agricultural Zone District.
Mr. Gathman said that one (1) email was received this morning outlining concerns of smell accrued by the
plants in processing and that the facility would hurt surrounding businesses. Staff verified that this property
owner is located north of County Road 6. The Department of Planning Services recommends approval of
this application with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, odor, and the Waste Handling Plan.
Commissioner Sparrow asked how odor is monitored. Ms. Light stated that if a complaint is received in
their office, there is a certified staff member who takes readings with a nasal ranger device.
Commissioner Johnson inquired on what this use needs water for. Mr. Gathman said that it is a commercial
use and added that Staff ensures that there is a commercial well permit for this use, of which the applicant
does have. He deterred the question to the applicant on how much water is being used for the processing.
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2018-3065
Alex Seleznov, 4743 Carmichael Court, Brighton, Colorado, stated that he works for the Tagawa family in
the Tagawa greenhouse operation which has been operating in that location for 50 years. He added that
in 2015 they started growing and processing hemp.
Commissioner Johnson asked what the water is being used for in the process. Mr. Seleznov said that
water is being used for general hygiene, restrooms and in the general use of business operations. He
added that there is no heavy usage of water for the processing of hemp.
Commissioner Sparrow asked if the State inspects the facility to ensure that nothing else is grown. Mr.
Seleznov said that they are regulated under the Department of Agriculture and the hemp must remain below
0.3 THC. Mr. Sparrow asked what products are marketed. Mr. Seleznov replied that there are various
products that range from t -shirts, capsules, hemp tea and all types of food products.
Commissioner Sparrow asked what odor is produced. Mr. Seleznov said that the odor is very minor. He
added that they have multiple filters and air cleaning devices within the facility, both to protect the
employees as well as to vet any smell that any exhaust might come out and prevent smell from occurring.
He said that the actual processing portion is on the northeast portion of the property and added that they
have not received any complaints from the neighbors. Mr. Seleznov said that the only odor that would be
released would be during the growth phase, particularly the flowering phase of the plants.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0037 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, citing Section 23-2-220.A.1 which is consistent with the agricultural use, Seconded
by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Hatch stated that it is consistent with agricultural use and cited Section 23-2-220.A.1.
Commissioner Johnson stated that it also complies with Section 23-2-220.A.2.
Commissioner Wailes agreed with Section 23-2-220.A.2 that it is consistent with the agricultural zone
district.
CASE NUMBER: USR18-0060
APPLICANT: CORIE & PAIGE BAESSLER, C/O CB SIGNATURE HOMES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE BY RIGHT, ACCESSORY USE AND USE BY SPECIAL
REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS (AN
OFFICE FOR A CONSTRUCTION COMPANY) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX17-0061; S2 N2 S2 SECTION 1, T6N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST AND ADJACENT TO CR 37 AND APPROXIMATELY 1,500 FEET NORTH
OF CR 72.
Chris Gathman, Planning Services, presented Case USR18-0060, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Code Baessler, 35333 CR 37, Eaton, Colorado, stated that he is proposing an office/shop for his business,
of which he is a general contractor. He added that they may build a residence in the future.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0060 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 Bruce Johnson cited Section 23-2-220 and the minimal impact on agricultural lands, Seconded
by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Cope cited Section 23-2-220.A.2 and consistent with the intent of the agricultural zone
district.
Commissioner Hatch cited Section 23-2-220.A.6 that it is located in the agricultural zone district and has
demonstrated a diligent effort to conserve prime agricultural land.
Commissioner Wailes cited Section 23-2-220.A.3 that it is compatible with existing surrounding land uses.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ18-0003
DEAN & VALERIE BONDESON
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
E (ESTATE) ZONE DISTRICT.
LOT 6 BLOCK 3 OLINGER SUBDIVISION GARDEN TRACT (1ST FILING); PART
W2NW4 SECTION 18, T3N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 34 AND EAST OF AND ADJACENT TO CR
25.
Diana Aungst, Planning Services, presented Case COZ18-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the classification of the roadways.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Dean Bondeson, 15930 CR 25, Platteville, Colorado, stated that he purchased 10 acres last year and he
added that they are looking to divide the property to build a home and sell the second parcel.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ18-0003 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 Bruce Sparrow, stating that he agreed with Staffs findings, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
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CASE NUMBER: USR18-0058
APPLICANT: GEORGE & LAUREN SAGNER, C/O PAT SAGNER, JR'S LANDSCAPING, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (LANDSCAPE CONSTRUCTION AND MAINTENANCE
BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX12-0101; PART NW4 SECTION 12, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 400 FEET NORTH OF CR 22.5; EAST OF AND ADJACENT
TO CR 23.
Kim Ogle, Planning Services, presented Case USR18-0058, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. An Improvements Agreement will be required for this site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Pat Sagner, 11097 CR 22.5, Ft. Lupton, Colorado, stated that they are proposing a landscaping company
where the employees arrive in the morning to pick up their job assignments for the day and then arrive back
in the evening.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0058 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 Bruce Johnson agreed with Staffs findings, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Cope stated that this meets Section 23-2-220.A.2.
Commissioner Wailes cited Section 23-2-220.A.3 that the use is compatible with the surrounding land uses.
The Chair called a recess at 1:34 pm and reconvened the hearing at 1:40 pm.
CASE NUMBER: USR18-0044
APPLICANT: TRICYCLE LANE TEXAS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE, OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: CORR LOT B 2ND AMD REC EXEMPT RE -1053; PART SE4 SECTION 12, T5N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 58; APPROXIMATELY 2900 -FEET WEST
OF CR 49.5.
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Kim Ogle, Planning Services, presented Case USR18-0044, reading the recommendation and comments
into the record. Mr. Ogle noted that two (2) letters were received from surrounding property owners outlining
concerns that additional landscaping of the property be done, industrialization of the neighborhood and the
heavy truck influence on area roads. Mr. Ogle recommended deleting Condition of Approval 1.G as the
Larimer County Canal Company is not located on this property. 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 and proposed 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.
Mark Johnson, 301 Centennial Drive, Milliken, Colorado, stated that this is a proposed stand-alone ready
mix concrete plant to service future growth in the area. Mr. Johnson provided a brief description of the
layout of the proposed site on a visual slide. Mr. Johnson said that no crushing of gravel or recycled
concrete will be done on site as it will be done in the gravel pit.
Commissioner Cope asked if there will be a conveyor belt from the pit to the plant. Mr. Johnson said that
they will initially use the new crossing structure to get started. He added that long term they plan to have a
conveyor belt. Mr. Cope asked how many trucks would run back and forth between the pit and the plant.
Mr. Johnson said that up to 15 trucks per day that will remain on site between the pit and the plant. He
added that no aggregate will be coming off site. Mr. Cope asked what type of dust abatement will be
proposed for the interior of the site. Mr. Johnson said that a water truck will be used; however, if there is a
dust problem they will most likely use mag chloride.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Donn and Mary Lee Foster, 23989 CR 58, stated that they live directly east of this site. He is concerned
with losing their view, the dust, and added that he understood that the concrete plant is allowed below this
property on the existing USR. He said that it is a rural residential area with homes and a school bus that
run on the roadway. He is also concerned with the decrease in property values.
Ms. Foster said that the access they want to use on County Road 58 is a school bus stop. She added that
this affects their quality of life.
Jesse Stewart, 23736 CR 58, stated that he is concerned with the traffic and the school bus stop. He
disagrees with the traffic numbers as he has a camera that has documented the number of trips in one and
one-half months. He also agrees with the Foster's comments and doesn't want to lose his view and destroy
property values.
Steve Rosenquist, 23982 CR 58, said that he is allowed to hunt on Foster's property; however, with all this
activity no wildlife can be found. He stated that he is opposed to having this facility next to him.
Ron Baker, 28806 CR 51, stated that he is the President of the Plumb Irrigation Company. He said that he
has spoken with Mr. Johnson regarding concerns that the Ditch Company has, and they have agreed on a
tentative plan. Mr. Baker said that he is also a resident of that area and lives next to the Journey Ventures
Pit which is one mile from this site. He said that County Road 58 has no shoulders, so it is very narrow and
added that he is concerned with the safety concerns on the amount of traffic on that roadway.
Sam Ellis, 23752 CR 58, stated that they just moved into the area one and one-half years ago. He added
that they have children who will be standing at the bus stop in the future and he is opposed to this facility.
Brandy Lesher, 23962 CR 58, agreed with the previous concerns and added that one of her children has
asthma. She said that the screening that is proposed is more of a dust hazard than a noise barrier. She is
concerned with the amount of traffic and the dust.
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Mr. Johnson said that Weld County has dust requirements that they will need to comply with. He added
that they haven't received complaints from the County on any of their sites, but they will fix it if there is a
problem. The berms are meant to screen properties from the noise and added that they will install
landscaping as well. He said that they have talked with the School District regarding the bus stop and
added that if the School thinks it is a hazard to children they will move the bus stop location. He added that
they haven't asked them to move it, but the School District will consider that. Mr. Johnson referred to the
main entrance for the gravel pit by the river and said that the slurry wall is pretty close to the inside of that
gate and there is no room for a concrete plant. He added that they do not own that land as well.
Commissioner Cope asked if the existing permit allows for an asphalt plant and/or concrete plant. Mr.
Johnson said that it does allow for a concrete plant. He added that they could amend the existing permit
to allow for portable temporary asphalt and concrete plants in the reservoir. Mr. Cope asked that once this
pit is mined out where will the aggregate come from. Mr. Johnson said that there are places in Platteville,
Ft. Lupton, Brighton, Windsor, and west Greeley but most likely he will find a place in east Greeley that
would bring aggregate from.
Commissioner Wailes asked the applicant to clarify why the plant cannot be located in the mine. Mr.
Johnson said that Central County Water District owns the land and the land will be mined. He added that
there is water in the pit now and they are pumping the water down so that it can be mined as quickly as
possible. The room around the slurry wall is not enough to put a concrete or asphalt plant. He added that
the life of this concrete plant would probably be up to 20 years.
Commissioner Johnson stated that he is concerned with this operation so close to residential homes. He
asked if they have looked at alternative sites. Mr. Johnson said that they did look at some other sites but
added that there are benefits having it close to the source, so they haven't look at other sites at length.
Commissioner Cope asked what the life of the pit is. Mr. Johnson estimated that it would take approximately
10 years to mine out.
The Chair referred to Staffs recommendation of deleting Condition of Approval 1.G. Mr. Ogle replied that
was correct.
Motion: Delete Condition of Approval 1.G, as recommended by Staff, Moved by Bruce Johnson,
Seconded by Bruce Sparrow. Motion carried unanimously.
Mr. Ogle referred to Item 2.C and requested an amendment to the fifth paragraph to read "The application
indicates that seventy-five percent (56 +/-) of the truck traffic associated with the business will utilize County
Road 58 heading west to the Weld County Parkway with twenty-five percent of the traffic (24 +/-) heading
east on County Road 58. Vendors and employees will access the facility from County Road 58".
Motion: Amend Item 2.C, as recommended by Staff, Moved by Michael Wailes, Seconded by Richard
Beck. Motion carried with Bruce Johnson 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 USR18-0044 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow agreed with Staffs findings, Seconded by Richard Beck.
Commissioner Cope said that he has some issues with this case. He cited Section 22-2-80.F which states
that they will minimize incompatibility between industrial uses and surrounding properties. He feels that if
they presently have a permit down in the gravel pit area it will minimize this incompatibility between the
present use and the industrial use. He also cited Section 23-3-220.A.3 which states that the uses will be
permitted will be compatible with the existing surrounding land uses. He feels that if they have a permit in
an area adjacent to this site that it would be compatible there. However, for the applicant to move this plant
and now they will be bringing trucks in and out of this area he feels that if they were to go out the other
entrance that the pit has there would be less safety issues. Additionally, he cited Section 23-2-220.A.4
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which states compatibility with future development. He said that the applicant has stated that basically
once the gravel is mined out of this area they will potentially be bringing in aggregate into this plant. He
added that they are no longer looking at 80 trucks but now they are looking at a higher range and it would
be a significant impact on future development and impact on the neighbors. Mr. Cope said that for health
and safety issues they can enter where their pit has access and it would be a much better alternative for
the County.
Commissioner Beck concurred with Mr. Cope.
Vote: Motion failed (summary: Yes = 2, No = 4, Abstain = 0).
Yes: Bruce Sparrow, Elijah Hatch.
No: Bruce Johnson, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Johnson cited Sections 23-2-220.A.3 and 23-2-220.A.4.
Commissioner Hatch cited Section 23-2-220.A.2 against the denial.
Commissioner Wailes cited Sections 23-2-220.A.3 and Section 23-2-220.A.4. and added that aside from
the existing pit it is not compatible with the existing residential use in the area.
Motion: Forward Case USR18-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Bruce Johnson, Seconded by Tom Cope.
Commissioner Cope referred to his previous comments and said that they still remain.
Commissioner Sparrow referred to Mr. Cope's comment in regard to once the pit is mined out it will take an
equal amount of trucks of aggregate to number of trucks going out of the site and feels that it might be a
little wrong. He figured that there would be one (1) load of aggregate per three (3) trucks of cement leaving
the plant. Mr. Cope said that he doesn't know and threw out some numbers but either way there will be
additional trucks, much more than what the applicant has presented.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bruce Johnson, Michael Wailes, Richard Beck, Tom Cope.
No: Bruce Sparrow, Elijah Hatch.
Commissioner Hatch cited Section 23-2-220.A.2.
Commissioner Sparrow stated that he believes they are in compliance with Section 23-2-220.
Commissioner Wailes cited Sections 23-2-220.A.3 and Section 23-2-220.A.4.
The Chair called a recess at 2:50 pm and reconvened the hearing at 2:56 pm.
CASE NUMBER: USR18-0051
APPLICANT: RAFAEL & MARIA AGUIRRE, C/O ROSY & HECTOR SOTO
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL TRUCK PARKING AND STORAGE OF
EQUIPMENT AND VEHICLES) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE 4107; PART NE4 SECTION 1, T2N, R68W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13 (COLORADO BLVD) AND
APPROXIMATELY ONE-HALF MILE NORTH OF CR 24 (FIRESTONE BLVD).
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Diana Aungst, Planning Services, presented Case USR18-0051 reading the recommendation and
comments into the record. Ms. Aungst noted that seven (7) letters were received from surrounding property
owners. Five (5) letters were in opposition outlining concerns of noise, odor, lights, traffic safety, disturbing
behavior and decrease in property values along with environmental concerns. She added that two (2)
letters were received in support of this request. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Commissioner Hatch asked when the gravel mine to the north was closed. Ms. Aungst didn't have any
information on the gravel mine. Mr. Hatch asked if the mine was in operation at the same time that the
houses that border it were built. Ms. Aungst stated that these homes were recently built but couldn't say as
she isn't sure of the timing.
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.
Hector and Rosy Soto, 11525 CR 13, Longmont, Colorado, stated that they have three (3) employees and
three (3) trucks and added that he is trying to expand to five (5) trucks. Mr. Soto said that his trucking
business is over -the -road and that they come in and out of the property once or twice a week. He added
that Firestone said that they can get the access permit, if this case is approved.
Rosy Soto said that the reason her parents bought this property in 2004 was to locate their business there.
She added that her parents called the Planning Department at that time and were told that they didn't
require a land use permit for their business. She said that when they started the trucking business her
father called the Planning Department and were told again that no land use permit was required as they
were the landowners and owners of the business.
Mr. Soto said that they have lived here for 15 years. He added that the homes were being built while the
mining operation was in place. He said that they hosted a meeting for the neighbors to bring up their
concerns and only a couple of neighbors attended and voiced support of this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cevin Hopp, 11447 CR 13, stated that he owns property directly to the south of this site. He said that the
applicants are great neighbors and added that he attended the meeting and that nobody showed up in
opposition to the application. Mr. Hopp stated that the Mountain Shadows Subdivision in Firestone was
developed in two phases. During the development of this subdivision the northeast corner of the property,
which is where the two existing houses are, were originally intended to be a drainage easement. He added
that it was to be a buffer between his property and the properties to the east. In 2014 the developer came
in and Firestone approved two buildable lots where the drainage easement was to be located. Mr. Hopp
said that the applicants shouldn't be punished for something that Firestone did. He added that there are
several commercial businesses in the area that were there before the homes were built. He disagrees with
Staffs recommendation of denial of Section 23-2-220.A.3 that it is incompatible with the area businesses
as the applicant's property is surrounded by commercial businesses.
Conni Hopp, 11447 CR 13, said that it is important to note that the people who complained have their
homes up for sale. She added that this business was there before they moved into their home in the
subdivision.
Mr. Soto said it is a trucking company and brings in material for schools and construction of buildings. He
said that they moved to this property 15 years ago when the subdivision wasn't there.
Commissioner Sparrow referred to contacting the County and the applicants were told that no land use
permits were required. Ms. Soto said that in 2004 and again in 2011 her father was told by the County that
he wasn't required to have a land use permit because he was the owner of the property and the owner of
the business. Ms. Soto added that they didn't get anything in writing. Mr. Sparrow asked Staff if changes
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were made to the code during that time. Ms. Aungst said that there is a very good chance that changes
were made to the Code and added that one truck is allowed on the property without a land use permit.
Commissioner Wailes referred to the two referrals by the Town of Firestone. Ms. Aungst stated that the
Town of Firestone was sent a Notice of Inquiry in May, which is sent to all jurisdictions who have an
Intergovernmental Agreement with Weld County when the applicant submits an application. She added
that the Town of Firestone replied with the Notice of Inquiry that it doesn't appear to be compatible at the
time that the applicant submitted a pre -application meeting. Then when the full application was submitted
by the applicant, it was sent out to referral agencies and the Town of Firestone replied back with no
comments in July. She said after some further correspondence with the Town of Firestone, they replied
back with a revised form with their comments that are the same under the Notice of Inquiry.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Cope said that in looking at the aerial photo there are several businesses surrounding this
property and based on that he believes this business is compatible with the existing surrounding land uses.
He cited Sections 23-2-220.A.3 and 23-2-220.A.4 that this is compatible with existing and future
surrounding land uses.
Commissioner Johnson and Beck agreed with Mr. Cope's comments.
Motion: Forward Case USR18-0051 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 Bruce Johnson, Seconded by Elijah Hatch.
Commissioner Johnson said that he believes it is compatible as there are several commercial/industrial
type activities within one-half mile of this site.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Beck said that the applicants rightfully bought land and from their perspective rightfully acted
upon what they could do with that land.
Commissioner Wailes cited Section 23-2-220.A.3 and added that the applicant's use predated what the
current use is.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:41 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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