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Home My WebLink About20151763.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 USR14-0084 APPLICANT DONALDSON AND COMPANY LLC PLANNER CHRIS GATHMAN REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, EXHIBIT OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTDOOR TRUCK 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 `�_ O� $ ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A LA- K (AGRICULTURAL) ZONE DISTRICT SCRIPTION LOT B REC EXEMPT RE-5106, BEING PART OF THE W2SW4 OF SECTION 22, T6N, R65W OF THE 6TH P M , WELD COUNTY. COLORADO LOCATION NORTH OF AND ADJACENT TO CR 66 AND EAST OF AND ADJACENT TO CR 43. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 I. 5.A. Policy 9.5. states "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." The applicants are proposing some landscaping materials in the parking area and along the east side of the truck parking and circulation area to assist in screening and buffering the site from adjacent residential uses to the east. Noise limits and a lighting standard requiring that all lighting be downcast and not shine onto adjacent properties and road rights-of-way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40. S of the Weld County Code for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Outdoor Truck 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. C . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed use is located in southwestern portion of an existing agricultural parcel being utilized for crop production. The proposed site is located immediately to the west of two single family residences. One letter of opposition dated May 4, 2015 has been received in regards to this case. The letters expresses concerns with the potential for noise and light pollution, traffic safety, incompatibility with the surrounding agricultural and residential uses. The letter also expresses concerns that the hours of operation, number of vehicle trips are too vaguely outlined in the application. The applicants are proposing some landscaping materials in the parking area and along the east side of the truck parking and circulation area to assist in screening and buffering the site from adjacent residential uses to the east. Noise limits and a lighting standard requiring that all lighting be downcast and not shine onto adjacent properties and road rights-of-way. RESOLUTION USR14-0084 DONALDSON AND COMPANY LLC PAGE 2 0 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 City of Greeley. No referral response has been received from the City of Greeley in regards to this case. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. A portion of the property on which this use is proposed is located within the FEMA Flood Zone. Any development in this area shall comply with all Weld County and Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 74.4 acres designed as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR area is proposed to be located on approximately 2.41 acres of the 74 acre site. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250. Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1 . Prior to recording the map: A. acceptedAn -drainage design is required. (Department of Planning ServicesEngineer)9 9 q ( P B . The applicant shall provide evidence of approval of the proposed Emergency access from the Eaton Fire Protection District. (Department of Planning Services) C . The applicant is proposing landscaping on the eastern and southern boundaries of the site. The eastern boundaries of the parking and staging area shall be screened by conifer (not deciduous) trees. (Department of Planning Services) D . The map shall be amended to delineate the following: 1 All sheets of the map shall be labeled USR14-0084 (Department of Planning Services) RESOLUTION USR14-0084 DONALDSON AND COMPANY LLC PAGE 3 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 on the map the trash collection areas. Section 23-3-350. H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. Show the approved access(es) on the plat and label with the approved access permit number (AP15-00094). (Department of Planning Services - Engineer). (Department of Planning Services) 6. Show and label standard tracking control onto publically maintained roadways on the map. (Department of Planning Services - Engineer) 7 Show the accepted water quality feature on the map with volume and label as WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of Planning Services — Engineer) 8. Show and label the accepted drainage features, drainage flow arrows, turning radii (60ft), and parking and circulation on the map. (Department of Planning Services - Engineer) 9. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 10. If any lighting is proposed, the map shall delineate the lighting. (Department of Planning Services) 11 . The approved landscape plan shall be indicated on the map. (Department of Planning Services) 12 . If any signs are proposed they shall be indicated on the plat. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23- D and 23-E of the Weld County Code. (Department of Planning Services) 13. County Road 66 is a paved road and is designated on the Weld County Road Classification Plan as a Local road, which requires 60 feet of right-of-way at full build out. 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) 14. County Road 43 is a paved road and is designated on the Weld County Road Classification Plan as a Collector road, which requires 80 feet of right-of-way at full buildout. 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) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1 ) paper copies or one (1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) RESOLUTION USR14-0084 DONALDSON AND COMPANY LLC PAGE 4 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). . . The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 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) 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 Jordan Jemiola. 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 16`h of June, 2015. h��1,,�1�2L. � Digitally signed by Kristine Ranslem Date: 2015.06. 19 09:32:26 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Donaldson and Company LLC USR14-0084 1 . A Site Specific Development Plan and Use by Special Review Permit, USR14-0084, for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts, 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 (Outdoor Truck Storage and Staging) 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 6:00 a.m. - 9:00 p.m. Monday - Sunday, except in the event of emergencies when extended hours of operation may be required. (Department of Planning Services) 4. Six (6) semi-trucks, cabs and up to nine (9) flatbed semi-trailers and six (6) personal vehicles will be parked at the site and up to five (5) storage containers will be located on the site at any one time according to the application materials. (Department of Planning Services) 5. The parking on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C. R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100. 5, C. R. S. , as amended. (Department of Public Health and Environment) 10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 11 . Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are 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) 14. 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) RESOLUTION USR14-0084 DONALDSON AND COMPANY LLC PAGE 6 15. 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) 16. 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) 17. The historic flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 19. There shall be no parking or staging of vehicles on publicly roads. On-site parking shall be utilized. (Department of Planning Services - Engineer) 20. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices. (Department of Planning Services - Engineer) 21 . All construction or improvements occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0627C dated September 28, 1982, shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65. (Department of Planning Services - Floodplain) 22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. (Department of Building Inspection) 23. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. 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. 25. 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. 26. 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. 27. 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 RESOLUTION USR14-0084 DONALDSON AND COMPANY LLC PAGE 7 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. tit do kis 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: USR14-0084 APPLICANT: DONALDSON AND COMPANY LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTDOOR TRUCK 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: LOT B REC EXEMPT RE-5106; BEING PART OF THE W2SW4 OF SECTION 22. T6N. R65W OF THE 6TH P M , WELD COUNTY. COLORADO LOCATION. NORTH OF AND ADJACENT TO CR 66 AND EAST OF AND ADJACENT TO CR 43 Commissioner Berryman stated that he has a business relationship with the applicant on a completely unrelated property; therefore he would like to recuse himself from this case. Chris Gathman, Planning Services, presented Case USR14-0084, reading the recommendation and comments into the record. Mr. Gathman noted that there were two (2) letters received with concerns regarding noise, light pollution, compatibility, impact on property values, increased traffic, no other industrial uses in the vicinity and concerns about the hours of operation being extended. He added that the applicant and their representative responded in writing to these letters. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik, 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. David Skarka, Winters, Hellerich & Hughes, 5401 West 10`h Street, Greeley, stated that the applicant is proposing a parking area for vehicles and equipment on 2 . 5 of the 75 acres. He asked the Planning Commission to picture this as a park-n-ride since there will be no on-site personnel. He added that the development consists of a parking lot for truck drivers returning from delivery or picking up their trucks to make a delivery. EXHIBIT COE Mr. Skarka said that they feel this is consistent with Weld County's Comprehensive Plan given the proximity to Highway 85 and to Highway 392 and it is compatible with the future development of the surrounding area. He added that this location falls into the City of Greeley's long range expected grown area. Troy Jones, Planner and Architect Consultant for the project, stated that there is quite a bit of oil and gas activity in the vicinity. He added that the City of Greeley has created a Growth and Service Area Map and this location is included in that area. Mr. Jones said that there is a natural gas plant in the vicinity as well. Commissioner Cross asked if the product will be hauled out of state. Mr. Jones said that they do not have any contracts but the user they are currently talking with hauls modular homes out of state. Commissioner Maxey clarified that there are no contracts or agreements but added that there could be multiple operators for this site. Mr. Jones said that was correct and added that they would have to satisfy the limits of this permit. Mr. Skarka added that it could be a variety of operators. Commissioner Wailes asked to clarify the types of trailers. Mr. Skarka said that they didn't intend to limit it to flatbed trailers and added that it could be a variety of trailers. Mr. Wailes asked if they are requesting to change the type of trailers. Mr. Skarka replied yes and added that they would like to include the parking of personal vehicles as the driver picks up his truck for delivery. Commissioner Maxey commented that given the large property he suggested moving the impact further north to mitigate some of the concerns in these letters and is curious to the layout proposed. Mr. Jones said that they plan to submit a PUD application for an industrial subdivision on the remainder of the property The Chair asked if there was anyone in the audience who wished to speak for or against this application. Troy Gray, 21113 CR 66, stated that he does not see this use being consist with the current surrounding agricultural uses. He added that this property has been designated as prime farm land; however it has not been used as such. Mr. Gray said that he understands the need for growth but there is no way to tell that it growth will come that way and when . Mr. Gray said that traffic will be an issue. He noted that this was the first time he heard that the entrance had been changed to County Road 43 and added that this is more of a concern than from the original proposal off of County Road 66. Mr. Gray commented that the noise and light pollution will be an issue. He doesn't know how the landscaping and screening will work until it is in place. He added that there are a lot of inconsistencies with this application. He referred to the PUD application mentioned by the applicants and feels that if this is approved it will be easier for the PUD to get in place as well. Mr. Gray submitted 18 letters of opposition from neighbors, landowners, citizens and residents of the area. He added that he has talked to several others and will be submitting those into the record prior to the Board of County Commissioner hearing. Commission Sparrow referred to his statement of inconsistencies and asked for clarification. Mr. Gray referred to the way the applicants described some of the established industrial locations in close proximity to this site. He added that in his opinion, close proximity is not two (2) miles away. Additionally, after listening to the applicant's presentation there are inconsistencies on the trailers and who is going to be there. Commissioner Maxey asked how he felt about the hours of operation. Mr. Gray said that the hours of operation are great until there are emergencies. Mr. Maxey said that the amount of traffic is limited and asked for his thoughts on that. Mr. Gray said that this doesn't seem like a lot but when you approve the next one and the next one then it will be a lot of traffic. Maxey asked what additional mitigation could be done. Mr. Gray said that there isn't anything that could be done because of the future that they are trying to bring to this area. 2 Hendrik Craig. 21081 CR 66, agreed with Mr. Grays concerns. He stated that he lives east of and adjacent to the proposed site. He works for the railroad and is concerned with the noise since he works different shifts. He added that this intersection is not safe with the existing traffic and the speeds traveled. Commissioner Sparrow asked if anything could be mitigated to change his mind. Mr. Craig replied no. Sean and Annette Jaehn, 20767 CR 66. Mr. Jaehn stated that they live 0.25 miles away and there are a lot of special use permits in the area that they have to live with. According to the growth plan map provided by the applicant, Ms. Jaehn said that this location is in the white area and that doesn't appear to be in that growth area. She added that Greeley is moving west and north and not east. The Highway 85 corridor does have industrial uses but that is 2 miles away. She added that they have restored a historical home and are trying to get on the historical registry and don't care to look over a park and ride, as it was referred to. Mr. Jaehn asked what the process is if they don't follow through with the limits of this permit. The Chair said that if the applicants are violating the limits of the permit, you can call and then a violation process would be started and the USR could potentially be revoked. Mr. Jaehn encouraged a recommendation of denial. Commissioner Sparrow asked if there is anything that could be done to mitigate these concerns. Mr. Jaehn replied no. Mr. Skarka showed on a visual slide that this site is included in the growth area. He added that there are mixed uses within the anticipated growth area, such as the beat dump and the natural gas plant. He further added that along Highway 85 there are mixed commercial and industrial uses which show this is compatible with the surrounding uses within that growth area. Mr. Skarka said that he did not have a chance to read the 18 letters submitted so he does not know the type of information those people have been given. He added that he doesn't know if they have read the application or if they know what the development standards are so it is hard to gauge what their objection is without knowing their basis of knowledge. Mr. Skarka commented that the Right to Farm doesn't mean the right to make your neighbor farm and he hasn't heard any objection that goes to the point that this parking lot would interfere with any established farming in the area. Commissioner Maxey expressed some concern that this is part of a bigger plan that they haven't seen yet and makes it hard to judge only this case. Mr. Jones said that the USR process is a lot faster and they have a potential user that is ready to get started if approved. He said that they decided to go this way before the PUD process. Commissioner Sparrow asked if the water was sold and if this land is part of a dry up agreement with the ditch company. Mike Donaldson, 4980 Valley Oak Drive. Loveland, stated that he still has water rights to this land and farms it right now. He added that he has a well to irrigate that area. Commissioner Wailes clarified if it is currently being farmed. Mr. Donaldson said it is planted to grass now and plans to put trees down by the creek to make a wildlife area. Mr. Skarka clarified that there will be 6 employee parking spaces. The Chair asked if this can be included in Development Standard 4. Mr. Gathman replied yes. Commissioner Maxey asked about thoughts of limiting the hours of operation from just 6 am to 9 pm. Mr. Jones said that he understands the neighbors concerns but it is hard to say that there would never be a time that there is an extraordinary circumstance after 9 pm. Mr. Howard wished to clarify that the emergency access is for fire emergency access only. as is understood in the application. Mr. Jones said that it would be a fire emergency access only and that the fire department would only have the key. 3 Mr. Gathman suggested amending Development Standard 4 to read "Six (6) semi-trucks, nine (9) semi- trailers and six (6) personal vehicles will be allowed to be parked at the site and up to five (5) storage containers will be located on the site at any one time according to the application materials" Motion: Amend Development Standard 4 as stated by staff, Moved by Bruce Johnson. Seconded by Terry Cross. 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. Commissioner Sparrow noted that it appears four of the 18 letters are residents of the area: however there may be landowners of the area as well. Commissioner Johnson said that he respects the applicants proposing this project prior to finding this as part of the violation process, as they often times see. However he believes that this is a commercial activity and does not belong there. He added that the sugar beet dump, oil and gas activities, and the augmentation pond are not a commercial use. He stated that he is struggling with the compatibility issue. Commissioner Sparrow agreed with Mr. Johnson's comments and is concerned with prime agricultural land being lost. Commissioner Smock shared their concerns and said that this is a commercial activity. The sugar beet dump and oil and gas uses are all over the county. She expressed concern that it is a compatibility issue. Commissioner Wailes said that he doesn't know if the talk of the PUD has confused the issue but it appears pretty specific to what this USR is calling for. He believes that this site will only be used as a parking site and feels that this impact will be minimal. Commissioner Cross agreed with Mr. Wailes in that we are talking about this USR and not the PUD today. He added that six (6) trucks are not very many. It is very vague on where the trucks are coming from and the tenant on the property. If the trucks are gone as proposed they won't be around for most of the time and the traffic will be minimal Commissioner Jemiola understands the concerns of the neighbors and added that it would be prudent for the applicants to consult with those neighbors. It is a fairly large site and doesn't foresee any products being on site. He added that this proposal could work and would be compatible. Brad Yatabe, County Attorney, said that you have to look at the application before you, which is the USR application and not the PUD application. He added that the USR request is being considered under Section 23-3-40.S in the Weld County Code. Commissioner Maxey said that he supports private property rights and they should be able to do what they want within the confines of the law as long as it doesn't harm the neighbors. He added that there may be compatibility issues and some cases made that this will be harmful. He believes that six (6) trucks are not that big of an issue when looking at this one case. Mr. Maxey chastised the applicants for not reaching out to the public prior to the hearings because it could circumvent the issues that we are dealing with today. He encouraged the applicants to meet with the neighbors and have a serious conversation about what may be compromised on prior to the County Commissioner's hearing. Motion: Forward Case USR14-0084 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 Michael Wailes, Seconded by Jordan Jemiola. Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0). Yes: Bruce Sparrow, Jason Maxey. Jordan Jemiola, Michael Wailes, Terry Cross. No: Bruce Johnson, Joyce Smock. Absent: Nick Berryman. 4 Commissioner Sparrow said that he also believes in private property rights but the conflict is does your use cause your neighbors to lose their benefit. He added that this is a close call but doesn't feel that the applicant is hurting the neighbors. Commissioner Smock said that she believes it is a compatibility issue and cited Section 23-2-220. Commissioner Jemiola said that he believes this is a low intensity use and it can be a support for agricultural uses. He encouraged the applicants to work with the neighbors and mitigate their concerns. Meeting adjourned at 8:55 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 45\-asailt-d Ran4Wn, Date: 2015.06. 19 15 : 13: 14 -06'00' Kristine Ranslem Secretary 5 ATTENDANCE RECORD PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip-�c� �� Skcw ka 5401 IA,hsf i o}!� l;/C�-wtP , C d 8b(3341 i I ' Cll tJ _ . ) I f3 (R (r,C; r f-(i7C/�C,I. Cc ,FC.� / 1 c),..2114%. arc. lc. a-f7W 7 C' Lac &,'-e'n �C ' CO 727 I ANA,, Jte -0-7(97 Wag .(04 (1r-reeit�� (Gi 4 '2aI _ ►Yaks p ld7,-644,_ Li c? O Vc�.M ©ct is Pm ) _ &otretil �°,o ' A ,t_4Lt trek L , I ©9q I/WI, `�f, 1 ti . . Hello