HomeMy WebLinkAbout20161724.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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 USR16-0010
APPLICANT KOOBIE ENTERPRISES LLC C/O JUSTIN AND CHELSEY JOHNSON
PLANNER CHRIS GATHMAN
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 (OFFICE/SHOP PARKING AND EQUIPMENT STORAGE
ASSOCIATED WITH A CONCRETE CONSTRUCTION COMPANY). PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A AMD REC EXEMPT RE-3340 LYING IN PART OF THE NW4 SECTION 20
AND IN PART OF THE SW4 SECTION 17. ALL IN T5N. R67W OF THE 6TH P M. ,
WELD COUNTY COLORADO
LOCATION EAST OF AND ADJACENT TO CR 15 AND CR 56 INTERSECTION.
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 .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 proposed use is located on Agricultural zoned land that is covered with a residence and
existing outbuildings.
Section 22-2-20. 1 . A. Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
A number of conditions of approval and development standards are proposed to address
potential impacts of this use including requirements a Road Maintenance and Improvements
Agreement to address impacts to adjacent roads, noise standards are attached and the
applicants are proposing to screen the adjacent properties from the proposed use on the
northeastern and western ends of the site .
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 of the Weld County Code 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, (office/shop, parking and equipment storage associated with a concrete construction
company) . 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
C Section 23-2-220.A 3 -- The uses which will be permitted will be com •atible with the existing
surrounding land uses.
EXHIBIT
abut - in -, L1
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. 0/O JUSTIN AND CHELSEY JOHNSON
PAGE 2
The site is located west of and adjacent to the Coyote Ridge PUD . The applicant owns the
two lots in the Coyote Ridge PUD immediately adjacent to this site. Two existing single-family
residences are located to the west of County Road 15.
A number of development standards and conditions of approval are attached to address the
potential impacts from this use including noise limits, limits on hours of operation . a Road
Maintenance and Improvements Agreement to address impacts to adjacent county roads.
The applicants are proposing to screen the facility from adjacent properties by a fence along
with some conifers and bushes.
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 areas of the City of Greeley. Town of
Milliken and Town of Windsor and Larimer County. The City of Greeley, Town of Milliken and
Town of Windsor indicated no concerns in their respective referrals dated April 1 . April 61h and
March 11th 2016 No referral response has been received from Larimer County
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and Xl . of the
Weld County Code.
The site is not in a floodplain .
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.
F . 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 8. 51 acres delineated as "Prime' per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is
covered by an existing single-family residence and outbuildings
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 An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location . Road maintenance including dust control , damage repair, specified haul routes
and future traffic triggers for improvements will be included . (Department of Public Works)
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. O/O JUSTIN AND CHELSEY JOHNSON
PAGE 3
B 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)
C The applicant shall attempt to address the comments of Starr & Westbrook P . C . on behalf of
pP p be a
the Reorganized Farmer's Ditch Company, as stated in the letter dated March 31 . 2016. Written
evidence of such shall be provided to the Department of Planning Services. ( Reorganized
Farmer's Ditch Company)
D The existing shop building is located within the future right-of-way for County Road 15. It is a
non-conforming structure. A non-conforming structure application form shall be submitted to the
Department of Planning Services. (Department of Planning Services)
E The applicant shall attempt to address the comments of the Front Range Fire Rescue Authority
as stated in their referral dated April 21 . 2016. Written evidence of such shall be provided to the
Department of Planning Services (Department of Planning Services)
F The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR16-0010 (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 map shall delineate the landscaping and/or screening The type of fence and size
and type of landscaping shall be delineated (Department of Planning Services)
5 The map shall delineate the lighting (if applicable) . (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 County Road 15 is apaved road and is designated on the Weld County
g Cou ty 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)
8 Show and label the approved accesses (AP16-00119) . and the appropriate turning radii
on the site plan . (Department of Public Works)
9 Show and label the approved tracking control on the site plan. (Department of Public
Works)
10 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
11 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)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services-Engineer)
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. C/O JUSTIN AND CHELSEY JOHNSON
PAGE 4
13. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
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 plat
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 are ArcView shapefiles orArcGIS Personal GeoDataBase ( MDB) . The preferred format
for Images is _tif (Group 4) (Group 6 is not acceptable) This digital file may be sent to
mapsco.weld.co. us. (Department of Planning Services)
5 Prior to Construction:
A If more than 1 acre is to be disturbed. a Weld County grading permit will be required .
(Department of Planning Services - Engineer)
B The approved access and tracking control shall be constructed prior to on-site construction .
( Department of Public Works)
6. Prior to Operation:
A Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
7. 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 plat 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 Bruce Johnson .
VOTE :
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stifle
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. C/O JUSTIN AND CHELSEY JOHNSON
PAGE 5
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 May 17. 2016
Dated the 17m" of May, 2016
Digitally signed by Kristine
Ranslem
��� Date: 2016.05.20 08:23:23 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Johnson — A-Concrete, Inc.
USR16-0010
1 . A Site Specific Development Plan and Use by Special Review Permit, USR16-0010. 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 office/shop. parking and equipment storage associated with a concrete construction company) ,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon . (Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code. (Department of Planning Services)
3 . The hours of operation are 7:30 a.m. - 4:30 p.m. 7:00 am — 7:00 pm Monday — Friday. as-stated on the
application. (Department of Planning Services)
4. The number of on-site employees shall be 40 (4 onsite employees and 36 offsite employees who access
the site to pick-up and drop off vehicles) . as stated on the application. (Department of Planning Services)
5 The parking area on the site shall be maintained (Departmentof Planning( p a Wing 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 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)
9 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)
10. 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)
11 . 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)
12 . The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12- 103 C . R . S. (Department of Public Health and Environment)
13. 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)
14 . 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)
15 . A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. O/O JUSTIN AND CHELSEY JOHNSON
PAGE 7
16. 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)
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission , and the Environmental
Protection Agency. (Department of Public Health and Environment)
18 . All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling All chemicals must be stored secure. on an impervious surface , and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
19. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
20. 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)
21 . 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)
22 . The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
24. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained . (Department of Planning
Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
27. 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)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
29 Necessary personnel from the Weld County Departments of Planning Services. Public Works. and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. C/O JUSTIN AND CHELSEY JOHNSON
PAGE 8
30 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.
31 . 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
32 . 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 n geographical a d eo h geophysical locations. Moreover. these resources are protected
g P Y
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
33. 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
RESOLUTION USR16-0010
KOOBIE ENTERPRISES LLC. 0/O JUSTIN AND CHELSEY JOHNSON
PAGE 9
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
MLntat-S
6 - In - 1 b
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 17. 2016
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,
Jordan Jemiola. at 1210 pm
Roll Call.
Present: Benjamin Hansford . Bruce Johnson , Bruce Sparrow, Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman . Terry Cross
Also Present: Chris Gathman , Department of Planning Services, Hayley Brown . Department of Planning
Services — Engineering Division: Lauren Light. Department of Health. Janet Lundquist. Department of
Public Works: Bob Choate, County Attorney. and Kris Ranslem, Secretary.
Motion Approve the May 3. 2016 Weld County Planning Commission minutes. Moved by Joyce Smock.
Seconded by Bruce Johnson. Motion passed unanimously
CASE NUMBER USR16-0010
APPLICANT KOOBIE ENTERPRISES LLC. C/O JUSTIN AND CHELSEY JOHNSON
PLANNER CHRIS GATHMAN
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 (OFFICE/SHOP PARKING AND EQUIPMENT STORAGE
ASSOCIATED WITH A CONCRETE CONSTRUCTION COMPANY ), PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A AMD REC EXEMPT RE-3340 LYING IN PART OF THE NW4 SECTION 20
AND IN PART OF THE SW4 SECTION 17 ALL IN T5N R67W OF THE 6TH P. M. .
WELD COUNTY COLORADO
LOCATION EAST OF AND ADJACENT TO CR 15 AND CR 56 INTERSECTION
Chris Gathman , Planning Services. presented Case USR16-0010. reading the recommendation and
comments into the record. Mr. Gathman noted that a referral was received from Starr and Westbrook. PC .
on behalf of the Reorganized Farmer's Ditch Company He added that there were a number of comments
in this letter referring to notes being placed on the plat Mr Gathman stated that staff considered this letter
as a third party agreement and have added a Condition of Approval for the applicant to attempt to address
these comments The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Wailes noted that he owns land adjacent to this site, however he feels that he can be fair
and impartial to this case.
Janet Lundquist. Public Works, reported on the existing traffic and access to the site.
Hayley Brown . Engineering, reported on the drainage conditions for the site, traffic circulation , as well as
any grading permits required _
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements . on-site
dust control. and the Waste Handling Plan
Kurt Rawlin, CES Consultants. 721 4"' Street. Ft Lupton . Colorado, stated that the applicants plan to build
a 7000 sf office and shop building this fall He said the applicants operate a concrete business where
employees will come in the morning and then go to the various job sites and arrive back in the evening He
added that there is no outdoor storage, only the parking of employee and company vehicles on site
EXHIBIT
U. , -ri• l
Commissioner Smock asked what the existing building is used for Mr Rawlin said that this building is not
used for the business. He clarified that the property is used only for parking of their vehicles
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
John Cummings. 26700 CR 13. stated that he serves on the Reorganized Farmer's Ditch Company. He
referred to the letter submitted by their attorney which related to several comments to be placed on the plat.
He added that the main concern the Ditch Company has is the number of trucks on site and what is going
to be done with the pollutants that come from those vehicles and the site.
Mr. Cummings said that the Reorganized Farmer's Ditch is located within 150 feet of the borrow ditch_ He
asked that a condition be placed that the applicant work with the Reorganized Farmer's Ditch Company or
that the water coming from the detention pond will either be piped under or over their ditch and continue
onto the borrow ditch along County Road 15.
Commissioner Wailes said that he represents a shareholder on the Reorganized Farmer's Ditch Company;
therefore he would like to not vote on this condition of approval . Bob Choate. County Attorney. advised Mr.
Wailes that if he feels there is any appearance of impropriety sufficient that he wouldn't want to vote on a
condition of approval, he recommended that he abstain from the case entirely. Mr Wailes recused himself
the case
Mr. Rawlin said that they would be happy to work with the ditch company to ensure that no pollutants reach
their ditch as well as address the other concerns listed in their letter
The Chair asked the applicant if they were comfortable with the hours of operation listed in Development
Standard 3 Justin Johnson 27104 Coyote Ridge Drive. said that most of the places they work in they have
city ordinances they need to obey; therefore the latest they would work would be 7 pm. However. 4: 30 pm
is typical Mr. Gathman clarified if anyone would arrive prior to 7: 30 am Mr. Johnson said they may be on
site at 7 am .
Commissioner Cross asked if maintenance will be performed on the vehicles in the proposed shop building .
Mr. Johnson replied yes.
Amend Development Standard 3 to reflect hours of operation from 7 am to 7 pm Monday through Friday,
Moved by Benjamin Hansford , Seconded by Bruce Johnson .
Vote: Motion passed (summary : Yes = 8, No = 0. Abstain = 1 ) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow. Gene Stille, Jordan Jemiola, Joyce Smock. Nick
Berryman , Terry Cross.
Abstain : Michael Wailes.
Mr. Gathman stated that they have placed a Condition of Approval in the staff report that the applicant shall
attempt to address the letter from the Reorganized Farmer's Ditch Company
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 USR16-0010 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 Benjamin Hansford . Seconded by Bruce Johnson
Vote: Motion passed (summary : Yes = 8, No = 0 Abstain = 1 )
Yes : Benjamin Hansford . Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Joyce Smock Nick
Berryman . Terry Cross.
Abstain : Michael Wailes.
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 12: 59 pm.
Respectfully submitted.
Digitally signed by Kristine Ranslem
�1cf Date: 2016.05.20 08: 18:23 -06'00'
Kristine Ranslem
Secretary
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