HomeMy WebLinkAbout20151864.tiff BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. 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: USR14-0068
APPLICANT LASALLE RENTAL PROPERTY ONE LLC C/O HERSCHEL HOLLOWAY
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW 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
EXHIBIT (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE EQUIPMENT.
VEHICLE STORAGE AND STAGING: AND MATERIALS ASSOCIATED WITH THE
CONSTRUCTION BUSINESS ) PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CCUCI7 CONTROLLING SUBDIVISIONS AND MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF
CLEAN EMPTY FRAC TANKS) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT C REC EXEMPT RECX15-0064: BEING PART OF THE S2 SW4 OF SECTION
5 T4N . R65W AND PART OF THE NW4 OF SECTION 8. T4N, R65W OF THE 6TH
P M . WELD COUNTY. COLORADO
LOCATION APPROXIMATELY 1 MILE SOUTH OF CR 50 AND EAST OF AND ADJACENT
TO CR 39
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 23-2-220.A. 1 A. Policy 7. 1 . states
"County land use regulations should support commercial and industrial uses that are directly
related to. or dependent upon, agriculture, to locate within the agricultural areas. when the
impact to surrounding properties is minimal. or can be mitigated . and where adequate
services are currently available or reasonably obtainable. "
The Trucking Company base of operations. trucking and truck repair shop along with Storage
of clean empty Frac Tanks will be screened from adjacent property and public rights-of-way
by an opaque fence.
B Section 22-2- 100 . E . C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The facility is a located on 7+/- gross acre
parcel defined by the Western Mutual Ditch to the west and adjacent agriculture land to the
north. east and south . The existing 40 foot by 60 foot shop is located near the middle of the
site and will be used for storage of equipment and materials and for maintenance of
equipment and vehicles. The proposal also identifies outside parking of frac tanks and
trailers, stockpiles of construction materials. including soil and employee vehicles: all areas
will be required to be screened from adjacent property and public rights-of-way. Planning
staff will be requiring a Screening Plan to screen outdoor storage/staging of vehicles. a
parking plan to address parking location on the property to mitigate the impacts of noise,
exhaust onto neighboring properties. a site circulation plan. including evidence that two way
traffic is possible at the bridge crossing the Western Mutual Ditch and Development Standard
No. 18 addresses sources of lighting on site oriented downward and away from neighboring
properties.
C 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 lists any use permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
AO15 ig(C1-1
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC, C/O HERSCHEL HOLLOWAY
PAGE 2
Zone Districts (Trucking and Truck Repair Shop along with Outside Equipment. Vehicle
Storage and Staging: and storage of materials associated with the construction business)
provided that the property is not a Lot in an approved or recorded subdivision map or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. and
Section 23-3-40 A.2 of the Weld County Code provides for Mineral Resource Development
Facilities. Oil and Gas Support and Service. (storage of clean empty Frac Tanks) as a Use by
Special Review in the A (Agricultural) Zone District
D . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are generally large parcel agricultural lots
with single family residences. To the north , east and south are large agricultural parcels and
to the west are several recorded exemption parcels with improvements. There are three
property owners on seven parcels within five hundred feet of this proposed facility.
Approximately 295 feet from the west property line. there are two properties with residential
improvements, and approximately 385 feet from the north property line is a property with
residential improvements. Staff did not directly receive received correspondence or inquiries
from interested persons or adjacent landowners, however. the Director of Planning Services
corresponded with an adjacent property owner who indicated the trucking operation across
the road from their residence operated 24 hours a day. seven days a week without an
approved land use permit. The Western Mutual Ditch is adjacent to this site on the west and
bisects the property north of the building. in their February 2. 2015 referral . representatives
for the Ditch Company indicated opposition to the proposed development as no contact had
been made between the applicant and the Ditch Company. In a letter dated April 9. 2015
from Lawrence Jones Custer Grasmick LLP, Attorneys at Law and legal counsel for the
Western Mutual Ditch Company This letter states that the Western Mutual Ditch Company
is in the process of negotiating a crossing agreement with LaSalle Rental Property One,
LLC , for use of an existing bridge located on the section line at the S2 of the SW4 of
Section 5. Township 4 . Range 65 West. The terms of the agreement continues to be
negotiated
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 Evans and the Town of
LaSalle. The City of Evans did not return a referral response and the Town of LaSalle in their
referral dated January 27, 2015 requested that the trucks associated with this business not
utilize Main Street and First Avenue within the Town's Corporate Limits.
F Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V of the Weld
County Code. The existing site is not located within the Floodplain , Airport or Geologic
hazard areas. The property is located within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area .
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
a 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 7 acres designated "Prime" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map The parcel is
encumbered by the Western Mutual Ditch to the west and north and County Road 39. a
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC, 0/O HERSCHEL HOLLOWAY
PAGE 3
collector roadway The oddly shaped parcel created by Recorded Exemption would not be
conducive to agricultural practices and there is no irrigation water associated with this
property
H 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 USR Map:
A. The Map shall be amended to delineate the following:
1 . All sheets of the USR Map shall be labeled USR14-0068. (Department of
Planning Services)
2 . The USR Map shall be prepared per Section 23-2-260. D of the Weld County Code.
(Department of Planning Services)
3 The attached Development Standards_ (Department of Planning Services)
4 County Road 39 is designated on the Weld County Road Classification Plan as a
collector road. which requires 80 feet of right-of-way at full build out. The applicant
shall delineate on the map the future and existing right-of-way. If the existing right-
of-way cannot be verified. it shall be dedicated All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County.
(Department of Planning Services - Engineer)
5. Show and label the approved access(es) and the permit number (AP15-00213) .
(Department of Public Works - Access)
6. Show and label standard tracking control onto publically maintained roadways on the
map. Standard tracking control for accesses onto paved roads includes either 300
feet of pavement onsite or 100 feet of pavement plus double cattle guards.
(Department of Planning Services — Engineer)
7 . Show the accepted thirty (30) foot wide joint access and utility easement extending
across Lot A of RECX-0063 and the Western Mutual Ditch for the benefit of Lot B of
RECX15-0063: for the benefit of Lot C and Lot D of RECX15-0064, and Lot D of
RECX15-0065, and for ongoing oil and gas activities. (Department of Planning
Services)
8 Show the accepted water quality feature on the map and label as (Water Quality
Feature. No-Build or Storage Area) . as well as the design volume. (Department of
Planning Services — Engineer)
9 Show and label the drainage flow arrows, types and locations of driving surfaces,
and turning radii . (Department of Planning Services — Engineer)
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC, 0/O HERSCHEL HOLLOWAY
PAGE 4
10 . Show and label the access gate to the property The gate (if applicable) must be set
back a minimum of 75 feet from future right-of-way to allow a truck and trailer to pull
completely off of the roadway and open the gate ( Department of Planning Services
- Engineer)
11 . Show the circulation patterns. including turning movements demonstrating that truck
and trailers and frac tanker trucks are able to maneuver successfully on site and at
the point of ingress and egress (Department of Planning Services)
12 . Show the on-site parking areas. include the dimensions of the drives and delineate
the parking spaces. (Department of Planning Services)
13. Delineate the opaque fencing on site to address the parking and storage areas
associated with the facility Section 23-2-250.A.4. a of the Weld County Code states
areas shall be screened from adjacent properties and public rights of way.
(Department of Planning Services)
14. Show the facility sign on the USR map. Signs shall be in compliance with Chapter
23, Article IV. Division II and Appendices 23-C . 23-D and 23-E of the Weld County
Code. (Department of Planning Services)
B . The applicant shall address the requirements (concerns) of the Town of LaSalle. specific to
truck traffic through Town, as stated in the referral response dated January 27 . 2015.
Evidence of such shall be submitted . in writing , to the Weld County Department of Planning
Services. (Department of Planning Services)
C The applicant shall submit evidence of a recorded crossing agreement between the Western
Mutual Ditch Company and LaSalle Rental Property One . LLC. (Department of Planning
Services)
D An Improvements and Road Maintenance Agreement is required for offsite improvements at
this site. Road maintenance including dust control , damage repair, specified haul routes and
future triggers for improvements will be included. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (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
mapsco.weld.co. us.co.weld.co. us. (Department of Planning Services)
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC. C/O HERSCHEL HOLLOWAY
PAGE 5
5 . Prior to Construction
A If more than 1 acre is to be disturbed . a Weld County grading permit will be required prior
to the start of construction. Contact the Planning Department for application information.
(Department of Planning Services - Engineer)
B A change of use building permit will be required the Ag-exempt structure to a commercial
structure that is used for the business Handicap accessible bathrooms are required for all
patrons and guest for the business (Department of Building Inspection)
C Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2012 International Building Code. 2012 International Mechanical Code; 2012 International
Plumbing Code: 2012 International Fuel Gas Code. 2006 International Energy Code: 2014
National Electrical Code: 2009 ANSI 117 1 Accessibility Code and Chapter 29 of the Weld
County Code . (Department of Building Inspection)
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 Terry Cross.
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 June 16 . 2015
Dated the 16t of June, 2015
Digitally signed by Kristine
Ranslem
Date: 2015.06. 19 09:34:03 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LaSalle Rental Property One LLC
USR14-0068
1 . A Site Specific Development Plan and Use by Special Use Permit. USR14-0068, 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging;
and storage of materials associated with the construction business) . provided that the property is not a lot
in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas
Support and Service (Storage of clean empty Frac Tanks) 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 twenty-four (24) hours a day, seven (7) days a week. as stated by the
applicant(s). (Department of Planning Services)
4. The number of employees is restricted to 25 persons. as stated by the applicant(s) . (Department of
Planning Services)
5. 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)
6 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)
7 . 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 the accepted Waste Handling Plan_ The applicant shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code ( Department of Public Health and Environment)
8 . 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code (Department of Public Health and Environment)
10. Sewage disposal 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.
(Department of Public Health and Environment)
11 . Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. A permanent. adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
12. 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)
13. 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)
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC. O/O HERSCHEL HOLLOWAY
PAGE 7
14. 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)
15. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
16. Only empty. decontaminated frac tanks shall be stored onsite (Department of Public Health and
Environment)
17. The applicant shall remove. handle, and stockpile fill dirt in a manner that will prevent nuisance conditions.
(Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan . Neither the direct. nor reflected. light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
20. The screening . circulation and parking on the site shall be maintained . (Department of Planning Services)
21 . Signs shall be in compliance with Chapter 23. Article IV. Division II and Appendices 23-C, 23-D and 23-E
of the Weld County Code. ( Department of Planning Services)
22. 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)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
24 Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
9 ( P
Planning Servi
ces ces Engineer)
9 )
25 There shall be no parking or staging of vehicles on County roads_ On-site parking shall be utilized.
(Department of Planning Services - Engineer)
26. 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 2011
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 )
P p ( P
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
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
RESOLUTION USR14-0068
LASALLE RENTAL PROPERTY ONE LLC. CIO HERSCHEL HOLLOWAY
PAGE 8
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 . 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.
tea I-Air/tithes
it 1 U o tc5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 16, 2015
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,
Jason Maxey, at 1 :30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Benjamin Hansford.
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, Department of Planning Services; Wayne
Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren Light and Heather
Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 2, 2015 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER: USR14-0068
APPLICANT: LASALLE RENTAL PROPERTY ONE LLC. CIO HERSCHEL HOLLOWAY
PLANNER. KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE
EQUIPMENT, VEHICLE STORAGE AND STAGING; AND MATERIALS
ASSOCIATED WITH THE CONSTRUCTION BUSINESS), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY FRAC TANKS)
IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT C REC EXEMPT RECX14-0016; BEING PART OF THE NW4 OF SECTION
8, T4N, R65W OF THE 6TH P.M. , WELD COUNTY, COLORADO
LOCATION: APPROXIMATELY 1 MILE SOUTH OF CR 50 AND EAST OF AND ADJACENT
TO CR 39.
Kim Ogle, Planning Services, presented Case USR14-0068, reading the recommendation and comments
into the record. Mr. Ogle noted that the Planning Director received a comment from an adjacent
landowner that the applicant is operating without the necessary land use permit. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Sheri Lockman, Lockman Land Consulting, 36519 CR 41 , Eaton, Colorado, stated that the applicant is
proposing the parking and maintaining of trucks. Mr. Holloway has included a storage area for frac tanks
on site that he owns as well. The existing access over the Western Mutual Ditch has been a challenge.
Therefore they have made an agreement with the Ditch Company to access the property to the north of
the property rather than on the county road. Ms. Lockman said that they understand Mr. Jerke's
concerns and have attempted to try to address all of them.
EXHIBIT
A
3 (F)
ts41 - CC(42 (ED
Herschel Holloway, 44367 CR 77. stated that he has 25 frac tanks but he is requesting 42 frac tanks_ He
said that the frac tanks have never been on site; however they put them in the request in the event they
might be located on site
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Bill Jerke. 22911 CR 39. LaSalle. Colorado stated that his property is the closest to this subject site He
added that they are not allowed to open their east windows in the summer because of the noise and the
headlights shining in He understands that the applicant is proposing screening that may be effective but
until this is installed they won't know how effective it is .
Mr. Jerke said that this is really a 24/7 operation as he has seen trucks going in and out in the middle of
the night_ He proposed that they work during daylight hours and suggested no operations on Sundays,
as well as. Thanksgiving . Christmas. New Years Day and the 4th of July
Mr. Jerke noted that according to Public Works. when development occurs the entrances should match
up for safety purposes. However. because of the wide swings that the trucks have to make it means that
they take out a hunk of his property to make those turns_ He said that the applicants have done a good
job of moving the entrance to the north of the site to remedy this problem .
Mr. Jerke expressed concern with property values, road impact fees from this property. the amount of
traffic and the safety of the access. He added that there is a 'For Sale' sign on this subject property which
leaves him wonder what is happening . He added that he would like to see this business on this property p operty
and see that it can be mitigated
Commissioner Sparrow asked Mr Jerke if he has talked with the applicant about these concerns. Mr.
Jerke replied that he spoke to him a few months ago and again just before the hearing . Mr. Sparrow
appreciated his perspective on this case.
The Chair asked staff what the road impact fees might be for the applicant. Mr. Ogle said that Wendi
Inloes , in the Planning Department. calculates those fees at the time of building permit issuance and
added that it could be as low as $1090 per 1000 square feet up to about $2100 per 1000 square feet. Mr.
Jerke said that this is a work location and the road impact fee based on the square footage of
improvement doesn't make much sense with respect to the potential it may well have on the county
roads.
Chuck Jerke. 1711 Glen Meadows Drive, Greeley. stated that he owns agricultural land across from this
site. He stated that he supports the new entrance to the north of the existing access as the existing
access is a real safety hazard . He added that he would like to see the County put additional speed limit
restrictions on County Road 39
Ms. Lockman said that screening this site completely is impossible just because of the drop in elevation
from the road She said that they have spoken to Bill Jerke about the lights shining into his home and
added that the dirt berm on the property does screen most of the property. She added that they would
like to put a 6 foot fence over the existing access to prevent the headlights shining into his house .
Ms. Lockman stated that the existing access is not adequate for the required turning radius and the new
proposed access will comply with the required turning radius and will accommodate that concern
p Y q
Ms. Lockman stated that there was so much trouble with the ditch company over the access. so Mr.
Holloway placed a 'For Sale' sign in case they could not come up with an adequate access and this case
would be denied .
Mr Holloway said that he understands his existing neighbors' concerns. With removing the access he
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proposes to install a 6 foot privacy fence in that area that will eliminate the headlights shining into Mr.
Jerke's house He added that the dirt berm along the majority of the west side of the property is as high
as the existing fence.
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Mr Holloway said that he cannot change the hours of operation because the oil industry operates 24/7.
He added that most of the operations are from 6 am to 8 pm, however he does operate a night crew
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 USR14-0068 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval,
Moved by Michael Wailes, Seconded by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes : Bruce Johnson , Bruce Sparrow, Jason Maxey. Jordan Jemiola. Joyce Smock, Michael Wailes. Nick
Berryman . Terry Cross.
Commissioner Sparrow commented that the neighbors and the applicant are willing to work together and
solve these issues and encouraged them to do that before the County Commissioner hearing .
Commissioner Smock said that the neighbors have offered some suggestions and Mr. Holloway has
recognized that and it is a workable situation .
Commissioner Jemiola echoed Mr Sparrow's and Ms. Smock's comments and added that it is great that
both parties are willing to work together to mitigate these concerns.
Commissioner Wailes concurred with the previous statements and commended Mr. Jerke for his forward
thinking and appreciated how he approached this situation
Commissioner Maxey expressed concern with compatibility but after hearing the comments from the
Jerkes. made him believe it can be worked out He added that he would support a solid piece of
screening along the front and hopes that the screening and hours of operation can be worked out prior to
the County Commissioner hearing .
Meeting adjourned at 8: 55 pm .
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2015 .06. 19 15: 11 :30 -06'00'
Kristine Ranslem
Secretary
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?C- 3. W T S
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 7. 2015
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,
Jason Maxey. at 1 : 32 pm.
Roll Call.
Present: Benjamin Hansford. Bruce Johnson . Bruce Sparrow, Jason Maxey. Jordan Jemiola. Joyce
Smock. Michael Wailes. Nick Berryman , Terry Cross.
Also Present: Kim Ogle. Chris Gathman, Diana Aungst. and Michelle Martin . Department of Planning
Services: Wayne Howard, and Jennifer Petrik . Department of Planning — Engineering Division : Lauren
Light. Department of Health : Brad Yatabe, County Attorney, and Kris Ranslem , Secretary.
Motion : Approve the March 17. 2015 Weld County Planning Commission minutes, Moved by Bruce
Sparrow_ Seconded by Joyce Smock . Motion passed unanimously
CASE NUMBER: USR14-0068
APPLICANT. LASALLE RENTAL PROPERTY ONE LLC 0/O HERSCHEL HOLLOWAY
PLANNER- KIM OGLE
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE
EQUIPMENT. VEHICLE STORAGE AND STAGING. AND MATERIALS
ASSOCIATED WITH THE CONSTRUCTION BUSINESS). PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY FRAC TANKS)
IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOT C REC EXEMPT RECX14-0016: BEING PART OF THE NW4 OF SECTION
8 T4N . R65W OF THE 6TH P M . . WELD COUNTY COLORADO
LOCATION. APPROXIMATELY 1 MILE SOUTH OF CR 50 AND EAST OF AND ADJACENT
TO CR 39.
Kim Ogle. Planning Services. stated that the applicants are requesting a continuance to the June 16,
2015 Planning Commission hearing to allow time to address issues in ensuring a safe and adequate
commercial access across the Western Mutual Ditch onto lands owned by Mr. Holloway.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Motion : Continue Case USR14-0068 to the June 16. 2015 Planning Commission , Moved by Jordan
Jemiola . Seconded by Bruce Sparrow_
Vote: Motion carried by unanimous roll call vote (summary : Yes = 9)
Yes : Benjamin Hansford , Bruce Johnson, Bruce Sparrow. Jason Maxey. Jordan Jemiola. Joyce Smock,
Michael Wailes, Nick Berryman . Terry Cross.
Meeting adjourned at 7:01 pm_
Respectfully submitted ,
Digitally signed by Kristine Ranslem
411)^.4,Y. w Lin, Date: 2015 .04. 13 08:52: 17 -06'00'
Kristine Ranslem
Secretary
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