HomeMy WebLinkAbout20160732.tiff BEFORE THE WELD COUNTY . COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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 USR15-0075
APPLICANT WELD LV LLC. C/O GERRARD INVESTMENTS LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL
ZONE DISTRICTS ( CONSTRUCTION BUSINESS WITH AN OFFICE ,
MAINTENANCE SHOP WAREHOUSE , OUTDOOR WASH BAY. FUELING
STATION AND OUTDOOR STORAGE ) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-4033 PART SW4 SECTION 18. T5N R67W OF THE
6TH P M , WELD COUNTY. COLORADO
LOCATION EAST OF AND ADJACENT TO CR 13 AND NORTH OF AND ADJACENT TO CR
56
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 proposing a construction business with two shop buildings, an office, and outdoor
storage of equipment and trucks. A majority of the 150 full-time employees report directly to jobsites
and will only visit this site occasionally A maximum of 50 of these employees will use this site on a
regular basis. Typically , only 15 employees will be present on site for the entire work day. Equipment
and materials will be stored in the fenced area (the yard) . Storage items include construction
equipment, trench boxes/shoring materials. various sizes and types of materials storage containers,
trailers. trucks, miscellaneous equipment parts and attachments, pumps & hoses, specialty aggregate
materials. barricades, construction materials like pipe and appurtenances. lumber. poles. bridge
beams. steel beams and columns, manholes. forms, fencing. and straw waddles. The yard will be
fenced with a six-foot chain-link black vinyl-clad fence with 3-strands of barbed wire for security. Staff
is requesting that the screening along the north and south of the yard be opaque. The orientation of
the covered parking structure screens the yard from CR 13 The application materials state that
lighting and signage is proposed . The screening . signage, and the lighting will need to be shown on
the site plan and meet the requirements of the Weld County Code.
The Code requirements for lights and the screening will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses.
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 and Industrial Zone Districts (construction business with an office, maintenance shop,
warehouse, outdoor wash bay, fueling station and outdoor storage) in the A (Agricultural) Zone
District.
EXHIBIT
VW--IS • (
RESOLUTION USR15-0075
WELD LV LLC 0/O GERRARD INVESTMENTS LLC
PAGE 2
C Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops. rural residences. The Union Pacific Railroad is on the
northeast boundary and the Great Western Railroad is on the southwest boundary. The closest
residence is on the northwest corner of the site there is also a residence south of CR 56 The parcel
to the north was recently approved for the Martin Marietta batch plant.
There are five (5) USRs located within one mile of this parcel USR15-0027 for an asphalt batch plant
is located north of the site USR15-0028 for a wedding venue is located about one-half mile to the
east of the site. USR15-0040 for a Commercial Truck Parking and Transload Facility is located
southeast of the site . USR-818 for a single family residence is located about one mile to the south of
the site. USR- 1041 for a 12 inch gas line is located north of the site along U S . Highway 34.
The Weld County Department of Planning Services has received one letter objecting to this USR. The
letter outline concerns with the possible pollution of their organic farm .
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 City of Greeley. and the Towns of
Windsor and Johnstown The City of Greeley in their referral comments, dated December 18. 2015
indicated that they have no concerns. The Town of Johnstown did not respond with any referral
comments and the Town of Windsor in their in their referral comments. dated December 24. 2015
indicated that:
The proposed development is located outside of the Town 's Growth Management Area (GMA)
and Community Influence Area (CIA) . However, the proposed facility does fall within the
Secondary Corridor Area of the Windsor/Greeley intergovernmental agreement (IGA), as
amended in 2008 The Town of Windsor and City of Greeley entered into the amended IGA which
defined a Cooperative Planning . Land Use and Utility Area (CLUA) as a means to identify and
support a land use pattern for the US Highway 34 corridor that would be consistent with the
jurisdictions' visions as well as the existing and planned infrastructure in this area .
The CLUA defines the Secondary Corridor Area as an area primarily for residential , neighborhood
commercial . and other related uses. Therefore, the proposed use is incompatible with this
particular vision that the Town of Windsor and City of Greeley have developed for this area.
Should the proposed Use by Special Review be approved. the Town of Windsor would
respectfully request that the following items be addressed in any conditions of approval:
1 . Earth berms and substantial landscape buffers should be incorporated into plans to screen
views of industrial uses from US Highway 34 . Country Road 13. and from nearby residential
uses
2_ Light sources shall be concealed or shielded so as to minimize up-light, spill-light, glare and
unnecessary diffusion on neighboring properties. "
The Weld County Code addresses screening and lighting and the applicant will need to be compliant
with the code requirements
E Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V, of the Weld County
Code The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area
RESOLUTION USR15-0075
WELD LV LLC. 0/0 GERRARD INVESTMENTS LLC
PAGE 3
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 primarily located on soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The historic use of the parcel was
cropland The USR will take about 10 acres of Prime (Irrigated) Farmland out of production
However. the site is in an area that is transitioning to commercial and industrial uses partially due to
the location of rail .
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)
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 map shall be amended to delineate the following.
1 ) All sheets of the map shall be labeled USR15-0075 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D of the Weld County Code (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas (Department of Planning Services)
5) The map shall delineate the landscaping and/or screening . The storage yard shall be screened
with opaque screening materials on the north and south . (Department of Planning Services)
6) The map shall delineate the lighting . (Department of Planning Services)
7 ) All signs shall be shown on the map and shall adhere to Chapter 23. Article IV, Division 2 and
Appendices 23-C . 23-D and 23-E of the Weld County Code (Department of Planning Services)
RESOLUTION USR15-0075
WELD LV LLC. CIO GERRARD INVESTMENTS LLC
PAGE 4
8) The map shall delineate the parking for customers and/or employees (Department of Planning
Services)
9) Show and label the approved access (AP15-00271 ) , and the appropriate turning radii on the site
plan. (Department of Planning Services - Engineer)
10) Show and label the approved tracking control on the site plan. (Department of Planning Services -
Engineer)
11 ) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No-Build or Storage Area (Include final calculated volume) . (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 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
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for Images is .tif
(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. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required_
(Department of Planning Services - Engineer)
6. Prior to Operation:
A. The approved access and tracking control shall be constructed. Temporary tracking control shall be
used during construction_ (Department of Planning Services - Engineer)
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 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)
RESOLUTION USR15-0075
WELD LV LLC. O/O GERRARD INVESTMENTS LLC
PAGE 5
Motion seconded by Benjamin Hansford
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 February 23, 2016.
Dated the 23'° of February, 2016
Digitally signed by Kristine Ranslem
44,014Wyt, Date: 2016.02.25 09:26:04 -0700'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld LV LLC . c/o Gerrard Investments . LLC
USR15-0075
1 . 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 and Industrial Zone Districts
(construction business with an office, maintenance shop, warehouse. outdoor wash bay, fueling station
and outdoor storage) 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 number of on-site employees shall be 150 full-time employees, as stated by the applicant.
(Department of Planning Services)
4. The hours of operation are 6. 00 a.m to 7: 00 p. m Monday thru Saturday. as stated by the applicant.
(Department of Planning Services)
5. The required parking on the site shall be maintained (Department of Planning Services)
6. The landscaping/screening on the site shall be maintained . (Department of Planning Services)
7. 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)
8. Should noxious weeds exist on the property or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15 . Articles I and II . of the Weld County Code_ (Department of Planning Services - Engineer)
9. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking ( Planning and Engineering)
10. There shall be no parking or staging of vehicles on public roads_ On-site parking shall be utilized.
(Department of Planning - Engineer)
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, 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, 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 USR15-0075
WELD LV LLC . O/O GERRARD INVESTMENTS LLC
PAGE 7
17 . The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 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 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)
19. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must
comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems A permanent. adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
20. 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)
21 . 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)
22 . 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)
23. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code_
28. Necessary personnel from the Weld County Departments of Planning Services. Public Works. and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR15-0075
WELD LV LLC . C/O GERRARD INVESTMENTS LLC
PAGE 8
29. 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
30. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
31 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT. Weld County has some of the most
abundant mineral resources. including . but not limited to, sand and gravel , oil , natural gas. and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan . calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
32 . WELD COUNTY'S RIGHT TO FARM 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 (3/00) 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 USR15-0075
WELD LV LLC . C/O GERRARD INVESTMENTS LLC
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.
f .AiI u _- S
a _ Th.- 3-01k
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday . February 23. 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 12: 30 pm.
Roll Call.
Present Benjamin Hansford . Bruce Johnson. Bruce Sparrow, Gene Stifle. Jordan Jemiola. Joyce Smock,
Michael Wailes.
Absent: Nick Berryman . Terry Cross.
Also Present Chris Gathman and Diana Aungst, Department of Planning Services; Wayne Howard .
Department of Planning Services — Engineering Division, Lauren Light and Ben Frissell . Department of
Health ; Bob Choate. County Attorney. and Kris Ranslem. Secretary .
Motion: Approve the February 16. 2016 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER USR15-0075
APPLICANT' WELD LV LLC. 0/O GERRARD INVESTMENTS LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE.
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL
ZONE DISTRICTS (CONSTRUCTION BUSINESS WITH AN OFFICE.
MAINTENANCE SHOP. WAREHOUSE. OUTDOOR WASH BAY. FUELING
STATION AND OUTDOOR STORAGE ) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-4033 PART SW4 SECTION 18 T5N . R67W OF THE
6TH P M WELD COUNTY COLORADO
LOCATION EAST OF AND ADJACENT TO CR 13 AND NORTH OF AND ADJACENT TO CR
56
Diana Aungst. Planning Services. presented Case USR15-0075. reading the recommendation and
comments into the record . Ms Aungst noted that two (2) letters of concern were received One of these
letters outlined concerns regarding pollution onto their property and another letter stated that they would
prefer a buffer between his property and this site. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Commissioner Wailes stated that while he doesn't have adjacent property to this site he said that they are
connected along the railroad track_ He believes that he can be fair and impartial to this request.
Wayne Howard, Engineering , reported on the existing traffic. access and drainage conditions and the
requirements on site.
Commissioner Smock asked where the current access is located. Mr. Howard said the current access is
an oil and gas access. He added that the proposed access is on the very northwest corner which is just
south of the residence.
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control. the Waste Handling Plan and provided an explanation on the noise restrictions
Patrick Groom, 822 7th Street. Suite 760. Greeley. Colorado. stated that he represents the applicant. Mr.
Groom stated that Gerrard Investments currently operates 0.25 miles north of this proposed site Because
of the Martin Marietta project. Mr. Gerrard needs to relocate his current operation. He added that Mr.
Gerrard does not intend to expand his current operation but simply relocate it to this proposed site
EXHIBIT
d
U` t ✓ `1-S-
Mr. Groom said that when they planned the development for this site they chose to locate the facilities in
the northwest portion of the site so that they could maintain 28 acres of farmland buffer between the
proposed surface improvements and County Road 56 and the property owners to the south of that location .
The other option would have been to locate the facilities to the southern portion of the property but they feel
that would have a greater overall impact on surrounding property owners_ Therefore, they feel that the
proposed design preserves as much farmland as possible.
Mr. Groom said that there will be a landscape buffer along County Road 13 Additionally, the proposed
parking garage should provide a buffer from the site to the property owner to the west of the site. He added
that it would be difficult to place any landscaping between that building and the property as well as maintain
it. Mr Groom stated that KP Kauffman also has an existing well in the center of the property and added
that they plan to continue drilling on the eastern portion of the property
Mr_ Groom said that the opaque screening is something they would like to discuss They would like to use
the black clad fencing and utilize the remaining agricultural land as a buffer He added that they would like
to request the deletion of the requirement of opaque screening because it is not cost effective and doesn't
believe it will serve any practical purpose in this case.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Randy Worthley stated that he is the property owner in the northwest corner He said that he has reviewed
the plans and understands that the Gerrard's existing location is pretty clean . However he is concerned
with the parking structure since it runs the full length of his property. He added that when you would look
at it from the back of his property it will be an eyesore without some form of landscaping He believes this
would provide a benefit for enjoyment of his property as well as for Gerrard's property.
Mr. Worthley said that there is a lot of development along County Road 13 and in the interest of public
safety he would like to see the speed limit brought down acceptable for truck traffic and the public traveling
that road
Commissioner Smock asked what speed limit he would recommend . Mr Worthley said he would
recommend 40-45 mph.
Commissioner Johnson said that any type of trees or shrubs will accumulate a lot of blowing debris which
would harbor improper wildlife_ Mr_ Worthley said that a couple rows of windbreak trees would look nice
and work well . Commissioner Jemiola reminded Mr. Worthley that the applicant is requesting deletion of
the opaque screening requirement and asked how he felt about that. Mr. Worthley said he would prefer
trees to fencing
Dave Kisker, 6681 Apache Road . Johnstown . Colorado. stated that he represents the CLR 34 group. He
said that this facility is not anticipated to be a big problem. He said that they met with the Gerrard folks and
as long as they don't anticipate huge expansions of their operation it should be satisfactory He said that
screening of the facility is a concern
Mr. Kisker added that it appears that there are a lot of accesses created on County Road 13 which is a
large concern and raises the question of the speed limit
Commissioner Johnson asked Mr. Kisker his opinion to the advantage of a black clad fence over the opaque
screening Mr. Kisker said that the southern owner would like to see some windbreak trees or
property
landscaping He could see living with the vinyl coated chain link with rows of trees.
Mr Groom said that Mr. Gerrard conducted a neighborhood meeting and one of the issues was screening .
He said that they are taking that issue seriously and are looking for the best practical solution He said that
with the height of the building and vehicles on site. it would be impossible to screen them entirely . He
added that it was important to them to create as much of a buffer on the south side that they could.
Mr Groom said that they located the parking structure along Mr Worthle s property to act as an opaque
Y P P Y
screen . He added that it would be difficult to maintain trees along that border However, he said that they
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are not opposed to planting trees on Mr. Worthley's property. Mr. Groom said that they are willing to work
with Mr. Worthley on an agreed landscape/screening plan
Mr. Groom requested the removal of Condition of Approval 1 .C. 5. The Planning Commission was not in
favor of deleting this condition .
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case to USR15-0075 the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval .
Moved by Bruce Sparrow. Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary : Yes = 7) .
Yes : Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stifle. Jordan Jemiola. Joyce Smock.
Michael Wailes.
Commissioner Smock said she would like to see the applicant work with the property owner to the west to
make sure that the landscaping and screening is agreeable to him.
Commissioner Jemiola echoed Ms. Smock's comments and added that it is important that the property
owner to the west has adequate screening that meets his concerns.
Meeting adjourned at 4: 11 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4315\ibicint-d12anthmeu Date: 2016.02.25 09:24: 17 -0700'
Kristine Ranslem
Secretary
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