HomeMy WebLinkAbout20171225.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross. 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:
USR17-0007
MARK VILLEREAL & ALMA GARCIA
DIANA AUNGST
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 - FOUR (4) TRACTORS)
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.
LOT B REC EXEMPT RECX12-0114: PART E2W2NE4 SECTION 33. T6N. R64W
OF THE 6TH P.M.. WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 62.5 AND APPROXIMATELY 0.6 MILES
EAST OF CR 53
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code 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 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2 - A. Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The applicant is requesting a Use by Special Review permit for parking of four (4) commercial trucks to
haul sand and gravel and water. Minor truck maintenance will also occur on the property. Flat tires and
windshield wiper replacement typically occur outside the shop. Oil changes and infrequent but if
needed will occur inside the shop. The application materials state that there are five (5) employees
who access the site to retrieve the trucks and continue to the job site. Hours of operation are Monday
thru Friday 6:00 a.m. to 8:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. The application materials
indicate evergreen trees will be planted. In conversations with the applicant they have stated that a
fence will be installed.
The proposed use is in an area that can support this development. The Condition of Approval for
screening along with the limited hours of operation and the Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties.
B. 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. which allows 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 — four (4) tractors) 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
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLUTION USR17-0007
MARK VILLEREAL & ALMA GARCIA
PAGE 2
The adjacent lands consist of pastures, crops. and rural residences. There are three residences on
the south side of CR 62.5; across the street from the site. The closest residence is south of CR 62.5
within 100 feet of the site. A letter of support for this USR was received from this property owner.
There are two (2) USRs within one mile of this site. USR13-0006 for a non -1041 major facility of a
public utility pipeline and USR-965 for excavation and pipeline construction are located north of the
site.
The Weld County Department of Planning Services has received four(4) letters and a walk-in that
support this USR and two phone calls plus nine (9) letters that object to this USR. The letters of
objection outline concerns about noise, dust, odors, property values, road deterioration, and pollutants
entering Owl Creek. To address some of these concerns the applicant is installing a fence along the
eastern property line and lining the shop with insulation to reduce noise. The applicant maintains
standards that the employees are required to meet and recently fired an employee who violated the
standards by driving recklessly along CR 62 5. The applicant has also installed GPS locaters on all
the trucks and maintains a log to track idling times and locations of the trucks. Additionally there are
limited hours of operation and the trucks do not return to the site every day. Finally, most oil changes
occur off -site but if they do occur on -site they will be inside the shop and not contaminate the ground
or water in Owl Creek.
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 not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
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 soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The site has been used as
residential with a portion of it in crop land since 1947. The proposed USR will take approximately
2.00 acres of Prime (Irrigated) Farmland out of production as the portion on the east site will remain
as crop land.
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.
RESOLUTION USR17-0007
MARK VILLEREAL & ALMA GARCIA
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant has indicated that 4,500 square feet of gravel will be added to the site for the drive and
parking area. The map shall be amended to accurately delineate this square footage. If this amount is
exceeded, the applicant may be required to complete a Drainage Report and detention pond design.
(Department of Planning Services -Engineer)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0007. (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) 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)
6) The map shall delineate the landscaping and/or screening
(Department of Planning Services)
7) The map shall delineate the lighting, if applicable. (Department of Planning Services)
8) The map shall delineate the parking area. (Department of Planning Services)
9) The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
along County Road 62.5
10) County Road 62.5 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 site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
11) Show and label the approved access (AP17-00129), and the appropriate turning radii on the
site plan. (Department of Public Works)
12) Show and label the approved tracking control on the site plan. (Department of Public Works)
13) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, if
applicable. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the 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)
RESOLUTION USR17-0007
MARK VILLEREAL & ALMA GARCIA
PAGE 4
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 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.).Thisdigitalfilemaybesenttomaps@coweld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. 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 Tom Cope.
VOTE:
For Passage
Bruce Sparrow
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Against Passage
Jordan Jemiola
Gene Stille
Absent
Bruce Johnson
Cherilyn Barringer
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 April 18, 2017.
Dated the 18th of April. 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mark Villereal and Alma Garcia
USR17-0007
1 A Site Specific Development Plan and Use by Special Review Permit, USR17-0007, fora 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 — four (4) tractors) 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, 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 Monday thru Friday 6:00 a.m. to 8:00 p.m. and Saturday 9:00 a.m. to 4:00
p.m. (Department of Planning Services)
4. The number of employees shall be five (5) eight (8). (Department of Planning Services)
5. The parking area on the site shall be maintained, (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7 The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. The property owner shall control noxious weeds on the site_ (Department of Public Works)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services -Engineer)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
RESOLUTION USR17-0007
MARK VILLEREAL & ALMA GARCIA
PAGE 6
17. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 25-12-103 C.R.S. (Department of Public Health and Environment)
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day. and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and 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)
19. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment)
20. 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)
21. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
22. 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)
23. 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)
24. 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; 2014 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)
25. 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.
26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards. as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
27. 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.
RESOLUTION USR17-0007
MARK VILLEREAL & ALMA GARCIA
PAGE 7
28. 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.
29. 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 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.
C_,H\v\x)•A-P,
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 18, 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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stifle. Jordan Jemiola, Joyce Smock, Michael Wailes,
Terry Cross. Tom Cope.
Absent: Bruce Johnson
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light. Department of Health; Evan
Pinkham, Public Works; Bob Choate. County Attorney, and Kris Ranslem. Secretary.
Motion: Approve the April 4, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Michael Wailes. Motion passed unanimously
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR17-0007
MARK VILLEREAL & ALMA GARCIA
DIANA AUNGST
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) 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.
LOT B REC EXEMPT RECX12-0114: PART E2W2NE4 SECTION 33, T6N. R64W
OF THE 6TH P.M . WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 62.5 AND APPROXIMATELY 0.6 MILES
EAST OF CR 53.
Diana Aungst. Planning Services, presented Case USR17-0007, reading the recommendation and
comments into the record. Ms. Aungst noted that two (2) letters and two (2) phone calls of support and
seven (7) letters of objection were received regarding this case. The letters of objection outline concerns
about noise, odors, property values. road deterioration and pollutants entering Owl Creek. To address
some of these concerns the applicant is installing a fence along the eastern property line and lining the
shop with insulation to reduce noise. Additionally. the applicant also maintains standards that the
employees are required to meet. Ms. Aungst stated that the majority of the property will be kept in
agricultural production. 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.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Mark Villereal, 26659 CR 62.5, stated that they operate Colorado Well Site Services and request that the
trucks they operate be parked on their property when not operating on the road, There will be very little
maintenance. such as replacing light bulbs and fixing tires.
As a result, from a community meeting they held with their neighbors, Mr. Villereal said that they installed
a privacy fence along the eastern side of their property by the ditch. He added that he has had continual
meetings with his employees to adhere to the hours of operation and to access the location from the west
1
so it doesn't disturb the neighbors to the east. Additionally, if the trucks are operating after the designated
hours of operation the drivers will park their trucks at a truck stop so they don't come to the property after
the stated hours of operation. Mr. Villereal said that although it is against his beliefs he has disabled the
backup alarms on the trucks. as it was a concern from the neighbors.
Mr. Villereal said that his family had purchased the property and moved in September 2016 and said that
the neighbors have told him that debris and dirt builds up in the culvert on County Road 62.5 and he plans
to help clean that out before the irrigation season begins.
Commissioner Jemiola asked if the applicant would like to have any more than four (4) trucks on site. Mr.
Villereal said that they are going to keep it at a maximum of four (4) trucks. Ms. Aungst provided an
explanation of what process the applicant would need to go through if he chooses to increase the number
of trucks in the future. Mr Wailes requested that a development standard be added to include the number
of trucks allowed on site. Commissioner Wailes highly encouraged the applicant to keep the alarms on the
trucks.
Commissioner Stille asked what the applicant intends to do with the remaining part of his property. Mr.
Villereal said that they intend to pasture it for their cows.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Warren Hammerbeck, 26942 CR 62.5, stated that he lives on the corner of County Road 62.5 and County
Road 55. He expressed concern regarding flooding and drainage of the surrounding community and the
hazardous material that might be in the trucks located on the applicant's property.
Iris Mesbergen, 26710 CR 62.5, stated that she lives directly across from the proposed project. She said
that they wish the applicants success with their business. However, the concern is their bedroom windows
are 75 yards away from this activity and they hear the noise, dust and odor from the trucks.
Commissioner Jemiola asked if this permit were approved what mitigations could be done to make it more
appealing. Ms. Mesbergen said that there isn't anything that could make it better. Mr. Cope asked if fencing
or more trees would allow enough of a buffer for noise. Ms. Mesbergen said not so much and is concerned
with the discrepancies in the application. such as the hours of operation and doesn't know how to enforce
the number of trees within a certain amount of time.
Teresa Sponaugle, 26899 CR 62.5, read into the record and submitted a letter of opposition. She
expressed concern that the applicants are operating under a current zoning violation, increased truck traffic,
noise, dust, odor and contaminants from the maintenance performed on the trucks onsite and possible
leaking into the Owl Creek Ditch and into the continual flooding onto their property. Ms. Sponaugle
submitted pictures of the trucks parked next to the Owl Creek Ditch, maintenance of trucks performed onsite
and flooding of the surrounding community in past years.
Commissioner Wailes said that with agriculture and applying harmful things into the environment there is a
risk of contamination as well. He added that this project is minimal to what agricultural practices could put
into the environment.
Gordon Mesbergen, 26710 CR 62.5. stated that the applicant has put a fence on the east side of the ditch;
however, that access is in direct line of his bedroom so when it is used those lights shine through his
bedroom. He expressed concern of decreased property values and decrease in quality of life. Mr.
Mesbergen said he is an owner/operator of a truck and he drives his truck home but the neighbors have
not had any concern as he drives 10/15 mph and doesn't drive back home in the middle of the night.
Connie Ley, 26660 CR 62.5, stated that she lives directly across the road from the applicants and has lived
there for 38 years. She stated that she is in favor of the applicants operating and requesting approval of
this permit. She explained that the applicant hauls freshwater and frac sand and added that these materials
are not harmful to the environment. Ms. Ley said that there are insecticides. pesticides and herbicides that
are used in agriculture and can become harmful in a flooding type of condition. She asked the Planning
Commission to consider allowing the applicants to continue with their business.
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Joann Adler, 26622 CR 62.5. stated that they have no concerns with the applicants and their business.
She has no complaints about the applicant's project. She added that her husband and the applicant intend
to clean out the debris in the Owl Creek Ditch.
Raul Lara, 2315 16th Street, Greeley. stated that he is an employee of the applicants. He said that the
oilfield work is very strict and Mark lays it on them to be as quiet as possible when leaving or arriving to the
yard and not to come back to the yard after 8 pm. Mr. Lara said that he has a background in the agriculture
and oilfield. He said that they obey the rules and will park at a truck stop so they don't come back to the
site after 8 pm.
Dan Farris, 710 27'h Avenue. stated that he knows the applicants and said that he hauled sand with Mr.
Villereal when they worked together. He added that he helped the applicant install the fence on their
property. Mr. Farris said that while he was out there he noticed there were nine other trucking companies
that drove by and added that there are no harmful products on his trucks or property. He knows that the
applicant is trying to come into compliance and believes he will operate in compliance.
Mr. Villereal said that they will not handle, haul or store any hazardous materials at their site. As far as
noise, he has gotten stricter with his employees and no trucks will come back after 8 pm. He reassured the
audience that it will not be a service shop and no major repairs will be done on the property. He said that
they were in violation and understood that they had this grace period to operate while they were going
through this permitting process. Mr. Villereal stated that he has installed GPS into each of the trucks that
monitors and logs driving behaviors. speed, and idle times.
Mr. Villereal said that they installed the privacy fence as close to the ditch as possible to eliminate any lights
shining into the Mesbergen's property. With regard to the runoff and flooding, he has spoken with Mr. Adler
about cleaning the culverts and placing the fence and berm on his property to prevent any runoff to the
south.
Commissioner Jemiola referred to the hours of operation and noted that if they working on trucks outside
of those hours the applicants will not be in compliance. Mr. Jemiola asked if the hours of operation need
to be extended. Additionally, Commissioner Jemiola asked the applicants to clarify the number of
employees. Mr Villereal explained how his business works and added that if trucks need maintenance it
is performed during the daytime. He said that if the hours could be extended they would appreciate it but
they didn't want to push the bubble. In response to Mr. Jemiola's inquiry of what he would like his hours to
be, Mr. Villereal requested that the hours be extended by an hour before and after the stated hours of
operation.
Commissioner Jemiola recommended that screening be in place to minimize the sight and noise. He also
recommended putting the alarms back on the trucks as it is a safety precaution.
Alma Villereal noted that there is an existing entrance on the west side of the property and they are
requesting to use this entrance as their truck entrance to avoid any headlights shining on the adjacent
properties. She added that they would like to extend the fencing along County Road 62.5 as well to help
address the light concerns. Mr. Pinkham. Public Works. commented that they are allowing three entrances
into the property so they can work with the applicants on which ones to use.
Commissioner Cope said that he feels that the hours the applicants applied for are appropriate for that
neighborhood and would hate to see additional hours extended. Commissioner Jemiola feels that the
applicant will not be in compliance with the hours as stated and why approve a case if it won't be in
compliance in terms of maintenance of the trucks. Mr. Cope said that the applicant stated that if
maintenance has to occur they won't be doing maintenance after those hours; they will be doing
maintenance the following day.
Motion: Amend Development Standard 4 by increasing the number of employees to eight (8), as indicated
in the application. Moved by Jordan Jemiola, Seconded by Joyce Smock. Motion carried unanimously.
Motion: Amend Development Standard 1 to include the maximum limit of trucks on site that will be allowed
is 4 trucks. Moved by Michael Wailes. Seconded by Jordan Jemiola.
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The Chair called a recess at 5:20 pm and reconvened the hearing at 5:24 pm.
Commissioner Wailes recalled that he made a motion to amend Development Standard 1 limiting the
number of trucks to 4 and seconded by Jordan Jemiola. Mr. Wailes wanted to clarify the motion that it
should be four (4) tractors. Commissioner Jemiola agreed with the clarification.
Motion carried unanimously.
Commissioner Jemiola recommended amending Development Standard 7 to include screening on County
Road 62.5. Ms. Aungst recommended that it be included in Condition of Approval 6 and to read "The map
shall delineate the landscaping and/or screening along County Road 62.5.
Motion: Amend Condition of Approval 1.B.6, as recommended by Staff. Moved by Jordan Jemiola,
Seconded by Michael Wailes. 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
Motion: Forward Case USR17-0007 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 Terry Cross. Seconded by Tom Cope.
Vote: Motion passed (summary: Yes = 5, No = 2. Abstain = 0).
Yes: Bruce Sparrow, Joyce Smock, Michael Wailes. Terry Cross, Tom Cope.
No: Gene Stifle, Jordan Jemiola.
Absent: Cherilyn Barringer.
Commissioner Stille cited Section 23-2-220.A.3 and doesn't believe it is compatible with the area as there
is too much potential for contamination to the creek as well as noise issues. Mr. Stifle said that the
applicants are very good neighbors and very good bosses and respects that.
Commissioner Jemiola feels that the applicant should have the ability to do business in Weld County but
doesn't believe the existing hours of operation are sufficient for them to carry out their business needs. He
added that even with screening he feels there will be compatibility issues. Mr. Jemiola cited Section 23-2-
220.A.3 and Section 23-2-220.A.7 and added that he doesn't believe there are adequate provisions for the
protection of health. safety, and welfare of the residents in the surrounding community.
Commissioner Wailes said that mistakes have been made and it is a confusing process in the County. He
added that he wants to give the Villereal's the benefit of the doubt and it appears that they are making
strides to correct this violation. He commented that the neighbors are the key to the enforcement of this
permit should it be approved by the County Commissioners. Mr. Wailes believes that the applicants will be
good neighbors and asked the neighbors to help them out and be good neighbors and successful. He
added that there is another owner/operator in the area and it would be an opportunity to mentor the
applicant.
Commissioner Smock said that the comments made have been helpful and also believes that the applicants
will be good neighbors.
Commissioner Cope said that he thinks the applicants are doing the right things and suggested listening to
the neighbors.
Commissioner Cross said that he doesn't believe the environmental issues aren't quite as big of a problem
with the types of trailers that they are pulling, which are freshwater and frac sand.
Commissioner Sparrow said that the applicants are willing to be good neighbors and the ball is in their court
to be good neighbors.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
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The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak.
Meeting adjourned at 5:40 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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