HomeMy WebLinkAbout20173802.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR17-0041
MATTHEW & CARRIE CARROLL, C/O CARROLL EXCAVATION AND REPAIR INC.
KIM OGLE
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 IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS. (CARROLL EXCAVATION AND REPAIR INC ) 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
(AGRICULTURE) ZONE DISTRICT.
PART NW4 SECTION 24. T7N, R66W OF THE 6TH P M , WELD COUNTY,
COLORADO
SOUTH OF AND ADJACENT TO CR 80: APPROXIMATELY 570 FEET EAST OF
CR 35
be recommended favorably to the Board of County Commissioners for the following reasons
The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-100 A. C.Goal 1 States "Promote the location of commercial uses within municipalities,
County Urban Growth Boundary areas. Intergovernmental Agreement urban 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 "
The property is located within the current Inter -governmental Agreement Area for the Town of Ault.
The Town in their Notice of Inquiry undated referral stated "No conflicts with the Town of Ault.'
Section 22-2-20. G.2. A. Policy 7 2 states Conversion of agricultural/and 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 land that Carroll Excavation & Repair. Inc is proposing to utilize is located on non -irrigated
agricultural land within one-half mile of the Town of Ault. The proposed construction business is
located near the State Highway 85 corridor. There are two residences located adjacent to the
property. one to the east and one to the west. To the north are irrigated agricultural lands and south
across the Eaton Ditch are irrigated agricultural lands. Planning staff will be requiring screening for
the outdoor storage component associated with this use Conditions of approval and the development
standards associated with this facility will ensure that the proposed use is compatible with the
vicinity and region.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.S provides 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, 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
EXHIBIT
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RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL. C/O CARROLL EXCAVATION AND REPAIR INC
PAGE 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Surrounding land uses are predominately large tract agricultural properties to the north of County
Road 80 and to the south of the Eaton Ditch, south of County Road 80. Smaller agricultural zoned
lands with residences are located to the east and west and the Eaton Ditch borders the property to the
south Staff has received several inquiries from surrounding property owners, and one open records
request concerning this land use application. The Conditions of Approval require a Final Drainage
Report and Certification of Compliance stamped and signed by a Professional Engineer registered in
the State of Colorado: screening of the outdoor storage and the Development Standards will address
the on -site lighting.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect. or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Town of Ault As previously stated the
Town had no conflicts with the proposal
Section 23-2-220.A.5 -- The application complies with Chapter 23. Article V, of the Weld County
Code The property is not within the Geologic Hazard Overlay District. the Flood Hazard Overlay
District or the Airport Overlay District. The site is within the County -Wide Road Impact Fee Area and
the Capital Expansion Impact Fee areas.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use
The proposed facility is located on approximately 2.91 acres of "Prime farmland," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The property historically has had a
residence that was destroyed by fire and the metal skinned storage building
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County
This recommendation is based, in part, upon a review of the application materials submitted by the applicant.
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the Map
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services -Engineer)
B An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control. damage repair, specified haul
routes and future traffic triggers for improvements will be included (Department of Public Works)
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL O/O CARROLL EXCAVATION AND REPAIR INC
PAGE 3
C. The map shall be amended to delineate the following.
1 All sheets of the Map shall be labeled USR17-0041 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3 The Map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23 3 350.44 of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5 -T -he -parking and outeoor storage sia I be screened from public rights -of way and adjacent
property. (Department of Planning Services)
6. The proposed on -site lighting shall be shown on the map in accordance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
7 County Road 80 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road. which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the map the future and existing right-of-way. If the existing right of way cannot be
verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way.
This road is maintained by Weld County. (Department of Public Works)
8. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii
(60') on the site plan. (Department of Public Works)
9 Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event. shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
10 The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services -Engineer)
11
Show and label the 10 employee parking spaces with wheel stops on the map. Identify parking
areas for the company trucks, trailers, forms. pipe and equipment. (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 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 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 CAD formats are .dwg. dxf and dgn (Microstation): acceptable GIS formats
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL C/O CARROLL EXCAVATION AND REPAIR INC
PAGE 4
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) The preferred format for Images is of
(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a 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.
(Department of Planning Services)
If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
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 Gene Stifle.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stifle
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 7. 2017.
Dated the 7'" of November, 2017
413\44661b 41114L2S-1_
Kristine Ranslem
Secretary
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL. O/O CARROLL EXCAVATION AND REPAIR INC
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carroll Excavating & Repair, Inc.
USR17-0041
A Site Specific Development Plan and Use by Special Review Permit. USR17-0041. 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, (Carroll Excavation and Repair Inc.) 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 (Agriculture) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 7:00 a m — 5:00 p.m. Monday — Friday.
(Department of Planning Services)
or in case of municipal emergency
4. The existing parking and screening on the site shall be maintained. (Department of Planning Services)
5. The number of employees shall be limited to ten (10). Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
7 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)
8. 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)
9. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust. fugitive
particulate emissions. blowing debris, and other potential nuisance conditions_ The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone as
delineated in 25-12-103 C.R S (Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. For employees or contractors on site for less than 2 consecutive hours a day. 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)
13. Any septic system or holding tank 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)
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL 0/O CARROLL EXCAVATION AND REPAIR INC
PAGE 6
14. In the event the applicant intends to utilize the existing septic system at the home, 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)
15. A permanent. adequate water supply shall be provided for drinking and sanitary purposes (Department of
Public Health and Environment)
16. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From
Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. (Department
of Public Health and Environment)
17. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained
(Department of Public Health and Environment)
18. 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)
19. 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)
20. The property owner shall control noxious weeds on the site. (Department of Public Works)
21. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. The historical flow patterns and runoff amounts will be maintained on the site (Planning -Engineering)
24 Weld County is not responsible for the maintenance of onsite drainage related features. (Planning -
Engineering)
25. Building permits may be required. per Section 29-3-10 of the Weld County Code. Currently. the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection (Department of Building Inspection)
26 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code_
27 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
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL, C/O CARROLL EXCAVATION AND REPAIR INC
PAGE 7
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
29. 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.
30. 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
31 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views. spaciousness, wildlife. lack of city noise and congestion. and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads: dust from animal pens. field work, harvest and gravel roads. odor from animal confinement,
silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trapping activities:
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3.5-102. C R.S.. provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been. and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches. lakes. or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads. no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road Snow removal priorities mean that roads
RESOLUTION USR17-0041
MATTHEW & CARRIE CARROLL C/O CARROLL EXCAVATION AND REPAIR INC
PAGE 8
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.
ft MIHnEc
1-1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. November 7, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair.
Terry Cross. at 12:35 pm.
Roll Call.
Present. Bruce Johnson. Bruce Sparrow, Gene Stifle. Jordan Jemiola, Lonnie Ford, Michael Wailes. Terry
Cross. Tom Cope_
Also Present Kim Ogle. Department of Planning Services: Hayley Balzano. Department of Planning
Services — Engineering Division: Ben Frissell. Department of Health: Evan Pinkham, Public Works: Bob
Choate. County Attorney, and Kris Ranslem. Secretary.
Motion: Approve the October 17, 2017 Weld County Planning Commission minutes, Moved by Gene
Stille Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER USR17-0041
APPLICANT MATTHEW & CARRIE CARROLL. C/O CARROLL EXCAVATION AND REPAIR
INC
PLANNER KIM OGLE
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 IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS. (CARROLL EXCAVATION AND REPAIR INC ) 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
(AGRICULTURE) ZONE DISTRICT
LEGAL DESCRIPTION PART NW4 SECTION 24 T7N. R66W OF THE 6TH P M . WELD COUNTY,
COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 80 APPROXIMATELY 570 FEET EAST OF
CR 35
Kim Ogle. Planning Services. presented Case USR17-0041, 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 and access to the site.
Hayley Balzano. Engineering. reported on the 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. Mr Frissell stated that inadvertently Development Standard 15
is included in Development Standard 14 and requested that it be corrected.
Matthew Carroll and Carrie Carroll. 38754 CR 65, Galeton, Colorado. stated that they had a couple
questions regarding the conditions of approval which include the required screening of the property as well
as with the dumpster on site. She said that they didn't plan to install any screening as it would catch a lot
of debris from the water runoff and the wind damage. Additionally. they would prefer not having an opaque
fence because of security reasons The dumpster is not screened as the trash company prefers it to be
accessible and not behind a fence
Ms. Carroll said that the employees arrive in the morning and then go out to various job sites and then
return in the evenings. Occasionally. when there are emergencies for municipalities they will also be on
site.
1
Commissioner Stille asked staff if screening is required. Mr. Ogle said that per the County Code, any
outside storage or parking areas is required to be screened from adjacent property and public rights -of -
way. He suggested that an opaque fence be installed along County Road 80 or the applicants could talk
to their neighbors and ask what kind of screening they would like to see, if any.
The Chair asked the applicants if they would object to screening. Mr Carroll said that they do not object to
the screening but they feel the fence will not hold the debris from the water runoff and from the field as the
existing chain link fence will let it through. Commissioner Jemiola stated that he is in favor of waiving the
screening requirement.
Commissioner Jemiola asked about the location of the dumpster. Mr. Carroll said that it is easily accessible
when they come in the yard to dump their materials as well as for the trash company when collecting the
trash
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kevin Ross. Mayor of Eaton. 1500 Falcon Ridge Road. Eaton, Colorado said that he sees no negative
aspects of this property affecting the Town of Eaton. He believes it is an excellent use of the property and
he is in support of this USR.
Commissioner Jemiola asked Mr. Ross if he had an opinion of waiving the screening requirement or the
screening of the dumpster on site. Mr. Ross said that he believes that not having it would help with security
and doesn't have a concern with no screening.
Cory Houchin. 912 Messara Drive, Fort Collins. Colorado, stated that he is the property owner to the east
of the applicant's property. He expressed concern regarding the water mitigation from the site. He said
that the prior actions on this property modified the historical water flows and since that activity it has pushed
water from the applicant's property east onto his property and flooding his basement three times in the last
two years He added that he has seen the engineer report and wants to ensure that the installation of the
drainage culvert is up to the engineering specifications that were provided.
Commissioner Jemiola asked if he had any issues with the screening of the property or the dumpster
outside of the fence. Mr. Houchin said that he doesn't have a problem with it left the way it is now and
recommended waiving the screening concern.
Commissioner Cope referred to his comment that the previous owners adjusted the site and asked how it
was adjusted. Mr. Houchin said that Mr. Carroll purchased the property and backfilled the property to
support the steel building he constructed and by doing that it essentially disrupted the historical flow. Prior
to that activity water that would flow onto that property would build up and flow to the west neighbor and
consequently had a larger pool of water.
Mr. Cope asked if the proposed drainage by the applicant will help resolve the issue. Mr. Houchin said that
it will help but whether or not it will mitigate the flooding he doesn't know and wants to make sure that staff
will validate that the installation is up to the standards the engineer has designed.
Commissioner Johnson suggested the possibility of a berm to act as a barrier. Mr. Houchin said that the
water issue is a result of water runoff from the City of Thornton's property to the north of the applicant's and
his property. He understands that when that field is saturated it flows into the barrow pits of the County and
then when it gets overwhelmed it flows over County Road 80 and then onto the applicant's property and
onto surrounding neighbors_
Rod Weimer, 1451 Prairie Hawk Road, Eaton, Colorado. stated that he managers the farm for Fagerburg
Produce and they farm the City of Thornton farm north of the site. The water comes off the farm and also
from the streets in Ault and then runs into their lateral ditch, in which it then overflows. He doesn't see how
to get rid of the water without trying to exit it on the north side of County Road 80. Every time it has rained
Mr. Carroll is on site working the pump and has done a good job of trying to help with the drainage.
2
Commissioner Stille recalled trying to mitigate that three years ago to go west. Mr_ Weimer said that they
tried but it didn't work. He said that every year they clean their pits so that it holds more water and added
that they have a dyke to try to hold the water so it doesn't flood the neighbor.
Commissioner Jemola asked Mr Weimer if he had any concerns with having their screening waived. Mr_
Weimer said that they have no concerns with their property the way it is.
Michael Myers,17084 CR 80, stated that he lives west of the subject property. He has seen the field across
the road flood several times and added that the property to the east of the Carroll's have always come close
to flooding In the process of when Mr. Carroll built up his property to construct his building it diminished
the amount of water that was held on the property. He added that it used to flood all the way up to one foot
away from his door but since then he only has one inch of water in his garage Mr. Myers stated that the
problem with the flooding from the field to the north is that County Road 80 is low and added that the barrow
ditch on the north side of County Road 80 doesn't go anywhere as on the west end County Road 35 blocks
it and at the east end Highway 85 blocks it. He suggested that culverts be installed at these ends so that
water can continue to flow.
Commissioner Jemiola asked Mr. Myers if he had any concerns with waiving the screening requirement.
Mr Myers said that he has no concerns
Commissioner Stille asked staff why there are no culverts on either end of County Road 80 Mr. Pinkham
said that he would talk with their crews and see if that would be appropriate for those locations
Commissioner Cope asked the applicant to explain the pump and drainage on site. Mr. Carroll provided a
brief explanation on how he intends to control the stormwater and drainage on site. He added that the
pump is designed that he cannot leave the water on site for more than 24 hours. It is not designed to pump
when the water is flowing onto the property but rather after the water has stopped. Mr Carroll said that
this has become his problem but he can't control the water by himself_
Commissioner Jemiola clarified if the applicant is requesting allowance for the dumpster to be located
outside of the fence for accessible trash collection and to have the screening waived for security and debris
issues Mr Carroll replied that was correct.
Mr_ Ogle stated that Condition of Approval 1.C.4 reads that the applicant shall delineate the trash collection
areas. therefore, the dumpster will be delineated on the map and will not require screening if Condition of
Approval 1.C.5 is removed regarding the screening requirement.
Motion: Remove Condition of Approval 1.C.5 regarding the screening requirement, Moved by Jordan
Jemiola. Seconded by Michael Wailes_
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Bruce Sparrow, Gene Stille. Jordan Jemiola. Lonnie Ford, Michael Wailes. Terry
Cross. Tom Cope
Mr. Ogle referred to Development Standard 3 regarding the hours of operation and suggested that it be
amended since the applicant stated that he performs work on a contract basis for municipalities. He
recommended adding the following language "or in case of municipal emergency"_
Motion: Amend Development Standard 3 as stated by staff, Moved by Tom Cope. Seconded by Bruce
Johnson Motion carried unanimously.
Motion: Renumber the development standards accordingly from Development Standard 14. Moved by
Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
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Motion: Forward Case USR17-0041 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 Jordan Jemiola. Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Bruce Sparrow. Gene Stifle. Jordan Jemiola. Lonnie Ford, Michael Wailes. Terry
Cross. Tom Cope.
Commissioner Johnson said that the County Commissioners and the Weld County Engineers should take
a look at County Road 80 and see if there isn't some way that they can become part of a good neighbor
activity going on out there.
Commissioner Sparrow echoed Commissioner Johnson's comments.
Commissioner Jemiola echoed Commissioner Johnson's comments that the County work with the
applicants and their neighbors to resolve some of these flooding issues.
Meeting adjourned at 2:08 pm.
Respectfully submitted,
&nth -net_
Kristine Ranslem
Secretary
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