HomeMy WebLinkAbout20150052.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 denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0043
APPLICANT: RYAN GALLATIN & KAY COLLINS
PLANNER: KIM OGLE
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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
EXHIBIT DISTRICTS (LANDSCAPE TURF INSTALLATION COMPANY BASE OF
OPERATIONS. TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENTNEHICLE STORAGE AND STAGING). PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
icJ, . 1 �_ , Q rJ 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: LOTS A AND B OF RE-2366; BEING PART OF NW4 SECTION 32, T7N , R65 OF
THE 6d P.M. . WELD COUNTY. COLORADO.
LOCATION : SOUTH OF AND ADJACENT TO CR 76; 1500 FEET EAST OF CR 39.
be recommended unfavorably 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 not shown compliance with Section
23-2-230.A of the Weld County Code as follows:
Section 22-2-100.A. 3. C. Policy 1 .3. Neighborhood commercial uses should be allowed in residential
areas. These commercial uses should consist only of neighborhood-oriented businesses. Commercial
uses that service a greater area than the neighborhood and create an undesirable impact, such as
increased vehicular traffic, noise, proposed hours of operation outside of normal business hours are
not considered appropriate in residential neighborhoods.
Section 22-2- 100. E. C. Goal 5. States "Minimize the incompatibilities that occur between commercial
uses and surrounding properties. "
The Department of Planning Services has received four letters and more than three telephone calls
from surrounding property owners who hold similar concerns. In each letter, the issues cited include
the intensity of the operation, the hours of operation and noise associated with this facility; turning
movements into and from the facility: proximity of school bus stops and issues of safety.
Several letters and telephone calls stated that the facility commences operations early in the morning
(2:00 AM — 4: 30 AM) when the trucks sit and idle for periods up to thirty minutes to warm up during
the winter months before leaving the property_ Trucks returning to the property may arrive as late as
11 :00 PM . There was at least one instance when a driver of one of the Gallatin tractor trailers passed
a residence early in the morning utilizing the "Jake Brake" heading west down to County Road 39.
Other points brought forward include the proximity of the driveway in relation to the crest of the hill, the
driveway is located below the crest, thereby presenting a limited visibility condition to traffic heading
west on County Road 76. Similarly, trucks returning to the property are required to swing into the
west bound lane to turn into the property, also creating a potentially hazardous condition. Letters
also describe multiple school bus stops in the immediate area, one as close as 115 feet west of the
Gallatin driveway. One letter addresses a drainage issue due to the construction of the metal skinned
building on the Gallatin property. Drainage water from the property has historically caused flooding
problems for a couple of the neighbors to the south and southwest of the site. One property owner
speaks on a more personal level . that on behalf of her autistic son who has his sleep interrupted due
to the early morning tractor trailer traffic. thereby causing insufficient sleep periods which have had an
impact on his behavior during daytime hours. Each letter addresses safety. not only for the local
vehicle traffic, but also for the school bus. delivery vehicles. and persons traveling on County Road 76
who may be unaware of the limited visibility access utilized for the tractor trailer turning movements.
apt, — S2
RESOLUTION USR14-0043
RYAN GALLATIN& KAY COLLINS
PAGE 2
The overall tone of the letters and telephone calls imply that the intensity of the facility may be better
suited to another area that the applicant could operate from without compromising the tranquility,
safety, and value of the property of his surrounding neighbors.
The proposed facility is a located on two parcels: the westernmost parcel is 0.860 net acres in area
with the eastern parcel 2.29 net acres in area,for a total net acreage of 3.25 acres. There are several
improvements located on the two parcels, including a residential structure and outbuildings. The
property is in crushed concrete for a majority of the westernmost parcel with the location of the
Gallatin residence and shop building. The eastern parcel also has a residence owned by the
applicant and used as an income generating rental property. All lands to the south of the
improvements are utilized for tractor trailer turning movements and parking. The surrounding
properties to the south and west are single family residences on larger residential scale parcels. All
residences are in close proximity to this proposed facility, and it does not appear that screening will
not adequately mitigate the noise, the parking, staging or internal turning movements of vehicles
resulting in a headlamp sweep of adjacent properties.
22-2-100.F.2 C.Policy 6.2 states "The land use applicant should demonstrate that the roadway
facilities associated with the proposed commercial development are adequate in width,classification
and structural capacity to serve the development proposal." The Department of Public Works —
Access Permitting Division acknowledges that there may be issues associated turning movements
associated with the tractor trailers located on the property, and has therefore granted a temporary
point of ingress and egress for small commercial use that will end December 31,2014. This access
permit is further limited, stating"all semi-tractor traffic will enter and exit the site by turning left only."
This access permit will be reevaluated prior to December 30, 2014.
Section 23-2-230.B.3 -- The uses which will be permitted will not be compatible with the existing
surrounding land uses. The intensity of the proposed use for up to six tractor trailers operating on a
3.25 acre parcel in close proximity to a residential neighborhood development during early morning
hours extending into mid evening hours is not in the opinion of the Department of Planning Services
compatible with the area. Planning staff is of the opinion that the intensity of the proposed facility will
not be adequately mitigated to address the concerns of the neighbors and extended community to the
east and west.
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.
Should the Board of County Commissioners approve the proposal,the Planning Commission recommends the
following conditions:
1. Prior to recording the USR map:
A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.which states,
in part,that,"any lighting shall be designed, located,and operated in such a manner as to meet
the following standards:sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
B. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval. All parking areas shall be screened from adjacent properties and public rights of
way. (Department of Planning Services)
C. The applicant shall submit a Signage Plan to the Department of Planning Services,for review
and approval, if signage is desired. 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)
RESOLUTION USR14-0043
RYAN GALLATIN & KAY COLLINS
PAGE 3
D. The applicant shall submit a Dust Abatement Plan. detailing on site dust control measures, for
review and approval. to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. (Department of Public Health and Environment)
E. The applicant shall submit a Lighting Plan to the Department of Planning Service, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360. F. which states.
in part, that. "any lighting shall be designed. located, and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties. " (Department of Planning Services)
F. The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval . This updated parking plan shall show the dimensions of the drives and
the parking stalls and delineate curb stops for the parking spaces. (Department of Planning
Services)
G. The applicant shall submit a Noise Abatement Plan for review and approval to ad Tess tractor
trailer operation on the property. including noises associated with idling; exha st brakes.
backing of vehicles on site, and vehicle lights. The Plan shall be submitted to the epartment
of Planning Services. (Department of Planning Services)
H. The applicant shall submit a drainage narrative and water quality feature for review and
approval to the Department of Planning Services — Engineer for review and approval.
The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR14-0043 (Department of Planning Services)
2 . The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan . (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. County Road 76 is designated on the Weld County Road Classification Plan as a local
paved road. which requires 60 feet of right-of-way at full buildout. The applipant shall
verify and delineate on the map the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
10 Show the approved access (es) on the map and label with the approved accEiss permit
number (AP14-00276 and AP14-00277). (Department of Public Works)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit one (1 ) paper copy or
one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
RESOLUTION USR14-0043
RYAN GALLATIN& KAY COLLINS
PAGE 4
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
mapsa.co.weld.co.us...co.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 prior to the
start of construction. (Department of Planning Services)
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 Bruce Johnson.
VOTE:
For Denial Against Denial 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 October 7, 2014.
Dated the 7`h of October, 2014.
�/ Digitally signed by Kristine
43/V 7 a11.61ZiYL Ranslem
Date:2014.10.10 10:10:26-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gallatin Turf Installation . Inc.
USR14-0043
A Site Specific Development Plan and Use by Special Use Permit. USR14-0043, 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 (Landscape Turf Installation Company base of operations. trucking and truck
repair shop along with outside equipment/vehicle storage and staging) . 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 (Gallatin Turf
Installation, Inc.), 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. At the time of sale of the property. USR14-0043 shall terminate. (Department of Planning Services)
4. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code.
pertaining to Individual Sewage Disposal Systems (I . S. D. S.) Regulations_ (Department of Planning
Services)
5. The hours of operation are Ul 5:00 a. m. — 8: 00 p. m. Moray-- Friday, seven (7) days per week.
(Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act.
30-20- 100. 5. C. R. S. . as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
7 . 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. . as amended. (Department of Public Health and Environment)
8. 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 approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
9. 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan. at all times (Department of Public
Health and Environment)
11 This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. The facility shall be operated in
accordance with the approved Noise Abatement Plan at all times. (Department of Public Health and
Environment)
12 . Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. ( Department of Public Health and
Environment)
RESOLUTION USR14-0043
RYAN GALLATIN& KAY COLLINS
PAGE 6
13. In the event the existing septic system is utilized for business use,the septic system shall be reviewed
by a Colorado registered professional engineer if the usage surpasses septic permit SP-0900053
sizing limitations. The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load.The review shall be submitted to
the Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations. (Department of Public Health and
Environment)
14. 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 Individual Sewage Disposal Systems.
(Department of Public Health and Environment)
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the public water supply. (North Weld County Water District)(Department of Public Health
and Environment)
16. 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)
17. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
18. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
19. 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)
20. 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)
21. The screening/parking/signage/lighting/noise on the site shall be maintained in accordance with the
approved Screening/Parking/Signage/Lighting/Noise Abatement Plans. (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 Public Works)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
25. There shall be no parking or staging of vehicles on County road 76. On-site parking shall be utilized.
(Department of Public Works)
26. The applicant shall meet with the Weld County Public Works Department,Access Permitting Division
to establish a new permit for the access drive associated with this land use application before
December 30, 2014. (Department of Public Works)
RESOLUTION USR14-0043
RYAN GALLATIN & KAY COLLINS
PAGE 7
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 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)
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.
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. 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
RESOLUTION USR14-0043
RYAN GALLATIN& KAY COLLINS
PAGE 8
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
?C N(-3-1S
EXHIBIT
CASE NUMBER: USR14-0040
APPLICANT: JONATHAN SCUPIN&ANN NASH
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND
PERMIT FOR A KENNEL, AS DEFINED IN SECTIt f'• +� -
COUNTY CODE AS A HOUSEHOLD PET, LOCAT . 'E SCUPIN-NASH
PUD WITH ESTATE ZONE DISTRICT USES
LEGAL DESCRIPTION: LOT 2 BLOCK 2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30,
T3N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO ELMORE ROAD, SOUTH OF STATE
HIGHWAY 66.
Kim Ogle, Planning Services, presented Case USR14-0040, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Don Carroll, Public Works, 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.
Jonathan Scupin, 13941 Elmore Road, stated that they are requesting a kennel for their reptiles. The
good thing with this kennel is that these reptiles do not bark and added that they have not received any
complaints from their neighbors.
Commissioner Johnson asked if these animals can leave the property. Mr. Scupin said that most of the
reptiles are confined in cages indoors. He said that there are turtles and tortoises in outdoor pens and
added that there is a barrier six to eight inches below the surface so that they cannot burrow out of the
pens.
Commissioner Wailes asked how many animals are on site today. Mr. Scupin said that they have around
100 animals on site now between turtles,tortoises, snakes and reptiles.
Commissioner Maxey asked how many animals they can accommodate. Ann Nash, Executive Director,
said that they try to reduce their numbers and added that they really don't want to take over 125 animals
but it depends on the type of animal and if they can accommodate it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 USR14-0040 to 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 Johnson, 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.
CASE NUMBER: USR14-0043
APPLICANT RYAN GALLATIN& KAY COLLINS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
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 (LANDSCAPE TURF INSTALLATION
COMPANY BASE OF OPERATIONS, TRUCKING AND TRUCK REPAIR SHOP
7
ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING),
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: LOTS A AND B OF RE-2366; BEING PART OF NW4 SECTION 32, T7N, R65
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 76; 1500 FEET EAST OF CR 39.
Kim Ogle, Planning Services, presented Case USR14-0043, reading the recommendation and comments
into the record. Mr. Ogle noted that several letters of objection were submitted along with a petition
outlining concerns of idling trucks, noise, intensity of operation, hours of operation, turning movements
into and out of the site and proximity to school bus stops. The Department of Planning Services
recommends denial of this application. Should the Planning Commission approve the proposal, staff
recommends that the conditions of approval and development standards outlined in the staff report be
attached.
Commissioner Johnson asked if there is a subdivision surrounding the site. Mr. Ogle said that this is not
a subdivision; however these parcels are all legal lots created prior to 1972.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Howard added that there is a temporary Access Permit for this site and added
that by the explanation and photos submitted by Mr. Ogle you can see that only a left turn lane is allowed
since a right turn lane would have the truck entering the outside lane to oncoming traffic.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light recommended adding the following sentence to
Development Standard 10 "Facility shall be operated in accordance with the approved noise abatement
plan at all times."
Commissioner Maxey asked Ms. Light if she has any data on a semi truck and the noise it would create
from 5 or 15 feet away from the property line. Ms. Light said that a diesel truck going 40 mph at 50 feet is
85 decibels. She added that they can exceed the noise level for 15 minutes in a 1 hour period.
Additionally, she said that garbage collection is at 80 decibels.
Corey Preston, attorney for the applicant Ryan Gallatin, 821 9'h Street, Greeley, stated that the applicant
operates a turf company. The trucks will leave his property empty to pickup sod and delivery it to various
sites. He added that this property is in impeccable condition and very neat. They have learned that the
surrounding neighbors have submitted letters concerned with this operation. Mr. Preston said that initially
the applicant proposed to have six (6) trucks but after hearing the neighbors concerns he has reduced
that number to four(4) trucks. Most days they have two (2) drivers and installation employees may enter
the property to get equipment and materials. He added that Mr. Gallatin said that they are not looking to
expand at this location. He said that he does want to expand and added that the applicant is pursuing
other locations suitable for his business.
Commissioner Jemiola asked Mr. Preston how they believe they meet the criteria in the Weld County
Code. Mr. Preston said that this is the applicant's primary business. He said that they understand the
concerns over noise and light and added that he is trying to mitigate these concerns. Mr. Preston said
that this is a relatively small commercial operation and feels that it fits into the agricultural zoning.
Ryan Gallatin, 19300 CR 76, Eaton, Colorado, stated that he initially operated with one truck and then
purchased another two trucks. Mr. Gallatin added that he purchased a fourth truck for his cousin but he
has since left and the truck does not get used. He said that he will only start the fourth truck to keep it
operational.
In response to Commissioner Cross's inquiry, Mr. Preston stated that there is fuel storage on site. He
added that maintenance on the trucks is performed on site as well.
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Commissioner Smock asked how many months these trucks operate. Mr. Preston said that it is most of
the year and added that during the winter he hauls wood chips. Mr. Preston added that Mr. Gallatin
intends to move to another location but wants to continue operating while actively looking for that location.
Commissioner Hansford said that although he may find another location to operate this business this
USR permit will run with this property. Mr. Hansford asked if Mr. Gallatin will vacate this USR once a new
location is found. Mr. Preston said that he will vacate this USR and doesn't know if that can be a
contingency on this USR. Mr. Ogle stated that we can add a development standard that this USR shall
not be transferable. Commissioner Johnson added that he thinks along with the non-transferrable
statement that maybe there be a sunset on the operation of this USR. Brad Yatabe, County Attorney,
said that you can put a sunset on it but emphasized that the Planning Commission should consider the
criteria in the Weld County Code regarding passing a recommendation to the Board of County
Commissioners.
Commissioner Smock asked how long the applicant intends to continue on this subject property. Mr.
Preston said that the applicant's goal is to move within 6 to 12 months.
The Chair called a recess at 5:57 pm and reconvened the hearing at 6:07 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brenda Fisher and Clint Fisher, 19260 CR 76, said that they live adjacent to the applicant. Ms. Fisher
said that there were semis running at 2:00 or 3:00 am and waking the household up. She said that they
had no problems with the one (1) semi truck and the landscape business; however the problems began
when he added additional trucks and operated at all hours of the night. She added that they have a video
that they wish to present. (Note: the video did not have audible sound). Mr. and Ms. Fisher narrated the
video.
Mr. and Mrs. Fisher cited concerns that the trucks are running at all hours of the day and night, hours of
operation, traffic coming from the east where there is a small hill, lights shining in their bedroom, and
decrease in property values. Mrs. Fisher added that there are drainage issues as well and added they
have had to build up their property to address drainage from the applicant's property. Additionally, the
applicant did put up trees and a fence three years ago; however after having a survey done on the Fisher
property the trees and fence are actually on their property.
Mrs. Fisher said that if this is approved they would like to see the entrance relocated so it is not so close
to their residence. Additionally, they asked that a wall be put up to help with noise and dust, hours of
operation from 7 am to 6 pm Monday through Friday only, drainage be addressed, lighting issues
addressed, nontransferable of the USR, and DOT audits.
In response to Commissioner Hansford's inquiry, Mrs. Fisher stated that they have lived there since 2008.
Mrs. Fisher said that they received a hand written note from Captain McIntyre who was going to get up to
speak, but he had to leave. She submitted the letter to the Planning Commission for review.
Charlotte Bishelli, 19150 CR 76, is concerned because her family is constantly being woke up during the
night. She added that her son has autism so once he wakes up during the night they cannot get him back
to sleep. She said she doesn't feel the applicant is being truthful.
Commissioner Jemiola asked if these are the only trucks traveling that roadway. Ms. Bishelli said that
right now there are corn trucks from harvest but his trucks do travel on a routine basis on that road and
added that they use their Jake Brakes. In response to Commissioner Maxey's inquiry, Ms. Bishelli said
that they have lived there since 1998.
Joel Burkes, 19168 CR 76, stated that he has lived there since 1970. They have invested their life into
that area and added that they are not trying to run him out of business, but they just want peace and quiet
back in their neighborhood.
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Commissioner Jemiola asked if there is anything that can be mitigated. Mr. Burkes said that he should
not increase trucks and would be happy if he would lose 1 or 2 trucks. He said that he has had allergies
this year he believes due to the dust from the site and added that the hours of operation should be
changed as well.
Brenda Fisher clarified that what the applicant is currently asking for is four (4) trucks where he initially
asked for six(6). She clarified that the four trucks is when they submitted complaints.
The Chair asked the remaining audience for those who agreed with what has been stated in the previous
comments to nod their heads. There were three(3)audience members who nodded yes.
Mr. Yatabe said that according to the Court Order, this case has been initiated in the County Court and
added that there is a Stipulated Agreement. If this case is denied, the Stipulated Agreement then
addresses that the applicant has 30 days to remove the trucking operation and the possibility of daily
penalties.
Mr. Preston said that they appreciate all the comments by the surrounding property owners. They
understand these concerns and added that Mr. Gallatin does want to be a good neighbor. The big issues
are the hours of operation. Mr. Preston said that they are proposing the hours of operation to be from 5
am to 8 pm, 7 days per week, as Mr. Gallatin makes deliveries to various locations and has driving time.
Commissioner Jemiola suggested compromising with hours of operation from 6 am to 7 pm. Mr. Gallatin
said he first picks up sod at Fort Morgan and then has to deliver it when the customer wants delivery. Mr.
Gallatin said that if it takes decreasing hours from 6 am to 5 pm for a temporary use he will abide by that.
Commissioner Jemiola asked if it is possible to relocate entrance. Mr. Gallatin said that they have looked
at options but because of features on the property they are unable to move it. He added that by
relocating it to the east, it would then upset his adjacent neighbor on that side.
The Chair asked the applicant his thoughts of the video showing operation all hours of the day and night.
Mr. Gallatin said that he is willing to back down on the hours of operation. He added that the headlights
will be off until just leaving the property. Mr. Preston added that his goal is to minimize these issues.
The Mr. Preston said that they are working with an engineer regarding the drainage issues to possibly
divert the water so it does not flow onto the Fisher property.
Motion: Amend Development Standard 4 to reflect hours of operation from 5 am to 8 pm, 7 days per
week, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 7, No= 2,Abstain = 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
No: Bruce Johnson, Jason Maxey.
The Planning Commission discussed noise levels for this operation. Ms. Light stated that the neighbors
can call the Non-Emergency Dispatch Number 970-356-4015 or 800-436-9276 to request the On-Call
Health Department to measure the decibel level. In addition, they have a decibel meter that they can loan
out to citizens.
Commission Johnson asked if we should address the nontransferable of the USR at this time.
Commissioner Jemiola believes that this use should be used for this property or it shouldn't because it is
agricultural zoned. Mr. Ogle said that historically when there has been opposition, there has been a
development standard that states the USR is nontransferable.
Motion: Add Development Standard 3 to read "At the time of sale of the property, USR14-0043 shall
terminate, Moved by Bruce Johnson, Seconded by Michael Wailes.
Commissioner Johnson said that he thinks semi operations and farming operations are acceptable in the
agricultural zone district. However from what he understands, this case is a commercial trucking
operation and he feels it is not compatible with the neighborhood. Therefore he is trying to compromise
with the applicant as he does not want to shut down his business.
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Commissioner Jemiola considers agricultural use to include sod. Commissioner Johnson said that the
applicant is not a sod grower therefore he is not a sod farmer. Commissioner Sparrow said that he would
agree with that and added that the applicant is for hire and it is a commercial business. Commissioner
Wailes said that he agrees with Mr. Jemiola that this is an ancillary business to agriculture.
Commissioner Smock agrees with Mr. Johnson and Mr. Sparrow and added that if somebody is taking
grain or a load of cattle off their farm by semi truck that is agriculture. Commissioner Hansford agreed
with Mr. Jemiola that it is an agricultural use. Commissioner Wailes said that earlier today they approved
unanimously to forward a customer farming operation to the Board of County Commissioners. He added
that in that case the applicant is in the business of harvesting and transporting somebody else's
agricultural product.
Motion: Moved by Jordan Jemiola and Seconded by Michael Wailes to call for the vote.
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.
The Chair asked the Secretary to call for the vote regarding the motion to add Development Standard 3
reflecting the termination of the USR.
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.
Mr. Howard recommended adding a Condition of Approval 1.H that states "The applicant shall submit a
drainage narrative and water quality feature for review and approval."
Motion: Add Condition of Approval 1.H as stated by staff, Moved by Benjamin Hansford, Seconded by
Jordan Jemiola. Motion carried unanimously.
Ms. Light suggested adding the following sentence "The facility shall be operated in accordance with the
approved Noise Abatement Plan at all times"to Development Standard 10.
Motion: Amend Development Standard 10 as stated by staff, Moved by Benjamin Hansford, Seconded
by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0043 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola and said that he believes this use is compatible with the agricultural
zoning in the area, Seconded by Benjamin Hansford.
Commissioner Johnson reiterated that he believes it is a commercial trucking activity and is not
compatible with this area.
Commissioner Smock said that she believes it is a commercial operation as well and doesn't feel it is
compatible.
Commissioner Hansford said that he believes it is agricultural in that it is similar to a custom farmer and is
compatible with the area.
Commissioner Berryman said that the use would be approved under the current zoning; however he feels
that there are some incompatibility issues and the trucking component creates a negative welfare for the
surrounding residents.
Commissioner Maxey said that he believes the applicant is trying to mitigate certain issues. Unfortunately
the proximity of the driveway is extremely close to one of the neighbors and added that even with the
11
modified hours of operation. can the noise and dust truly be mitigated. He felt that if this is approved are
we setting up the applicant to fail because of the continued complaints of these issues. He agreed that it
is zoned agriculture; however he questions the compatibility .
Commissioner Jemiola said that he believes this is an accessory use to agriculture and views it as a use
permitted in this agricultural zoning district.
Commissioner Wailes echoed Mr. Jemiola's comments and added that he believes Mr. Gallatin has a
business to thrive and realizes that this is not the location to make it thrive. He is troubled that the
applicant works with sod farms in Morgan County and that he could easily move this business to another
county .
Commissioner Sparrow believes that this is a commercial trucking business. He added that he might be
hauling sod now but if he gets a contract to haul pipe next week after this is passed he has that right.
Commissioner Cross views this as a commercial trucking business operating out of a farm community.
He agrees that it leans more to the commercial side
The Chair asked the Secretary to call for the vote.
Vote: Motion failed (summary: Yes = 3. No = 6. Abstain = 0).
Yes: Benjamin Hansford, Jordan Jemiola, Michael Wailes.
No: Bruce Johnson, Bruce Sparrow. Jason Maxey, Joyce Smock, Nick Berryman . Terry Cross.
Commissioner Jemiola commented that he feels this is a use permitted in the agricultural zone and if this
is the direction the County would go then we would need to re-evaluate all of the oil and gas and trucking
and all of the other operations contained in the agricultural zone district.
Commissioner Maxey understood Mr. Jemiola's comment: however there have been instances where
even oil and gas or dairy farms have been denied based on the proximity to other properties where or not
they are zoned agriculture.
Motion : Forward Case USR14-0043 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Bruce Sparrow and said that he agrees with staff's recommendation, Seconded by
Bruce Johnson .
Vote: Motion passed (summary: Yes = 6. No = 3, Abstain = 0)
Yes: Bruce Johnson. Bruce Sparrow. Jason Maxey. Joyce Smock, Nick Berryman, Terry Cross.
No: Benjamin Hansford , Jordan Jemiola, Michael Wailes.
Commissioner Wailes is confused on how we could have voted one way for a very similar operation and
then be so against this operation. He doesn't believe it is a commercial operation .
Commissioner Berryman said that he is not disputing the use being approved under this zoning .
However, he cited Sections 23-2-220.A. 3 and 23-2-220.A. 7 and added that he is disputing the
compatibility of this site with the existing and surrounding uses.
Commissioner Jemiola said that he views this as urban encroachment on an agricultural use.
Commissioner Maxey said that it is not often that we receive a recommendation of denial by staff so
these are obviously not easy. He believes that we need to take the surrounding land use into
consideration and agrees with Mr. Berryman's comments.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak_
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 8: 11 pm.
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ATTENDANCE RECORD
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