HomeMy WebLinkAbout20153143.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0046
APPLICANT THE ESTATE OF WINDON DAVIS, CIO RICK DAVIS
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING USES SIMILAR TO
THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW AS
LONG AS THE USE(GRINDING AND STORAGE OF WOOD CHIPS AND LOGS
FOR LIVESTOCK BEDDING)COMPLIES WITH THE GENERAL INTENT OF THE
A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B OF RECX15-00070. BEING PART OF THE E2 OF SECTION 33, T6N,
R66W:LYING SOUTH OF GREELEY CANAL#3 EXC LOT A RE-783 OF THE 6TH
P.M.,WELD COUNTY. COLORADO.
LOCATION WEST OF AND ADJACENT TO CR 31; NORTH OF AND ADJACENT TO CR 62.
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.A 1.A.Policy 1.1. Establish and maintain an agricultural land use designation
to promote the County's agricultural industry and sustain viable agricultural opportunities for
the future.
Section 22-2-20.6 3.A.Policy 2.3. Encourage development of agriculture and agriculturally
related businesses and industries in underdeveloped areas where existing resources can
support a higher level of economic activity. Agricultural businesses and industries include
those related to ranching, confined animal production, farming, greenhouse industries,
landscape production and agri-tainment or agri-tourism uses.
This small commercial business utilizes non-processed wood stock materials obtained from
others on lands located west of County Road 31, 59`b Avenue. The business will operate
within a screened enclosed service yard having gravel or similar material for a driving and
stockpile surface where there will be the storage of wood logs and stumps and the processing
of wood logs and stumps by grinding same into chipped wood that will be utilized for bedding
materials for livestock confinement facilities, dairy's, arenas and similar uses and facilities.
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.W of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for Uses similar to the uses listed above as
Uses by Special Review as long as the use complies with the general intent of 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.
EXHIBIT
1
/I - ./
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS. C/O RICK DAVIS
PAGE 2
46, The property is located north of the City of Greeley corporate limits and south of the Cache la
Poudre River corridor. Much of the property lies within the floodplain and floodway of Sheep
Draw with the southwest area not within a regulated floodplain or floodway. The property
immediately adjacent to the west of this site has a single family residence and outbuildings.
Platted subdivisions including JB Acres are located to the west and within the City of Greeley,
all located south of County Road 62 — West "C" Street, are two residential subdivisions,
Northridge Estates and Hunter's Cove with Forest Glen at Kelly Farms located east of 59th
Avenue and south of West "F" Street. Staff has received several telephone calls from
surrounding property owners including property owners immediately adjacent to this
proposed facility and interested persons. General concerns were staging on County roads,
excessive and long term noise,dust,hours of operation and the storage of raw wood on site.
Planning Staff is of the opinion that, with the endorsement of the Conditions of Approval,
contained in this recommendation, the approval of this use will not jeopardize the health,
safety and welfare of the surrounding property owners.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three(3) mile referral area of the City of Greeley and the Town
of Windsor. The City of Greeley in their referral comments,dated September 3,2014 stated
the property is within the City of Greeley's Long Range Expected Growth Area(LREGA). The
LREGA is the range in which the community anticipates development occurring within the
coming 20 plus years. This area is particularly sensitive as a large residential subdivision is
platted to the south. There are existing dwellings in the vicinity as well as existing and
planned trails,open space and parks. The City provided several advisory comments specific
to mitigation of the facility from residential properties and residential subdivision
developments. The advisory comments included fencing to ensure compatibility;landscape
treatment to provide visual and audio screening; maintaining appropriate setbacks from future
rights-of-way for 59'h Avenue and "C" Street; storage areas should be on an all weather
surface; a water service agreement if additional water service is required and a dust
mitigation plan for the site and also for all roads utilized for access to a paved road; and the
Town of Windsor in their referral dated August 6, 2014 indicated they have no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The Davis Ranch property has a floodway designation that runs through the
parcel North/South along Sheep Draw and flood fringe in the center of the parcel and along
the northern and eastern boundaries as delineated on Federal Emergency Management
Agency(FEMA) FIRM Community Panel Map#080266-0609C dated September 28, 1982,
and is part of the 1999 Flood Impact Study(FIS). The southwest portion of the site is not is a
regulated floodplain. If the business is conducted outside of the regulated floodplain no
floodplain permit will be required. This floodplain is zoned AE. The processing and storage
of woodchips operation will not be located within this mapped area.
The property is not located within the 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.
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS. C/O RICK DAVIS
PAGE 3
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 2 acres within an approximate 53 acre
parcel of lands designated "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The area impacted by this proposed operation is on a
higher drier knoll overlooking the lower floodplain lands.
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. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0046 (Department of Planning Services)
• 2. The attached Development Standards. (Department of Planning Services)
3. The USR 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. (Department of Planning
Services)
4. Show and label the screening on the USR Map. (Department of Planning Services)
5. Off-street parking spaces and internal service yard shall be surfaced with gravel,asphalt,
recycled asphalt base, concrete or the equivalent and shall be graded to prevent
drainage problems. (Department of Planning Services)
6. County Road 31, West 59th Avenue, is designated on the Weld County Road
Classification Plan as an arterial road,which requires 140 feet of right-of-way at full build
out.There is presently 60 feet of right-of-way.An additional 40 feet shall be delineated on
the map as future County Road 31,West 59th Avenue right-of-way.All setbacks shall be
measured from the edge of future right-of-way. This road has been annexed into and is
maintained by the City of Greeley. (Department of Public Works)
7. C Street is designated on the Weld County Road Classification Plan as a local gravel
road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of future right-of-way.
Jurisdiction for this road is split half and half between Weld County and the City of
Greeley. This road is not maintained by Weld County. (Department of Public Works)
410 8. Show the approved access(es) on the map and label with the approved access permit
number (AP14-00378). (Department of Public Works)
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS, CIO RICK DAVIS
PAGE 4
9. Show and label the floodplain and floodway(if applicable)boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services—Floodplain Administrator)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution.The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a�co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
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 Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stifle
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.
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
PAGE 5
4111,
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 September 15, 2015.
Dated the 15th of September, 2015.
� y� 31. Digitally signed Kristine 600em
Date:2015.09.17 11:31:07-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Estate of Dr. Windon Davis do Rick Davis
USR14-0046
1. A Site Specific Development Plan and Special Review Permit, USR14-0046,for an Agricultural Service
Establishment primarily engaged in performing agricultural,animal husbandry or horticultural services on a
fee or contract basis, including uses similar to the uses listed in Section 23-3-40 as Uses by Special
Review as long as the use(Grinding and Storage of wood chips and logs for livestock bedding)complies
with the general intent of 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 daylight hours only, Monday through Saturday, as stated by the applicant(s).
(Department of Planning Services)
4. 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)
5. 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)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions,blowing debris,and other potential nuisance conditions.The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
7. 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)
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. The applicant shall submit an Air Pollution Emission Notice(APEN)and acquire an Emissions Permit from
the Air Pollution Control Division (APCD), Colorado Department of Public Health and Environment, if
applicable. (Department of Public Health and Environment)
10. 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)
11. The applicant shall register with Colorado Department of Public Health and Environment (CDPHE) in
accordance with CDPHE beneficial use regulations, if applicable. (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. As there will be up to 4 part time employees, 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)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
I
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
PAGE 7
14. The screening on the site shall be maintained. (Department of Planning Services)
15. 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)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
18. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map#08123C-1510E no effective date (Sheep Draw Floodplain). Any development
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. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging,filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services)
19. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services)
20. Building permits may be required, per Section 29-3-10 of the Weld County Code.Currently,the following
have been adopted by Weld County:2012 International Codes,2006 International Energy Code,and 2014
National Electrical Code.A Building Permit Application must be completed and two(2)complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state
face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational
RESOLUTION USR14-0046
THE ESTATE OF WINDON DAVIS. C/O RICK DAVIS
PAGE 8
plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
26. 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
0 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.
ftMi+J OT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 15, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin, and Tom Parko, Department of
Planning Services; Jose Gonzalez, Building Inspection, Wayne Howard, and Jennifer Petrik, Department
of Planning Services— Engineering Division; Lauren Light and Phil Brewer, Department of Health: Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 1, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR14-0046
APPLICANT: THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
PLANNER. KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY
SPECIAL REVIEW AS LONG AS THE USE (GRINDING AND STORAGE OF
WOOD CHIPS AND LOGS FOR LIVESTOCK BEDDING) COMPLIES WITH
c THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION. LOT B OF RECX15-00070, BEING PART OF THE E2 OF SECTION 33. T6N,
R66W; LYING SOUTH OF GREELEY CANAL #3 EXC LOT A RE-783 OF THE
6TH P M., WELD COUNTY, COLORADO
LOCATION: WEST OF AND ADJACENT TO CR 31; NORTH OF AND ADJACENT TO CR
62.
Kim Ogle, Planning Services, presented Case USR14-0046, reading the recommendation and comments
into the record. Mr. Ogle noted that several electronic emails have been received as well as a
neighborhood petition along with 27 photographs concerning this land use application. The concerns
expressed were in regard to dust, noise, hours of operation, traffic and general safety. 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.
Phil Brewer, Environmental Health, stated that in May he recorded noise levels approximately 100 feet
away from the operating grinder on site. He stated that the noise level determined was 73.5 decibels. He
added that the noise level acceptable for a residential area during the daytime, which is when he
determined the noise level, is at 55 decibels.
Commissioner Johnson asked what was recommended to lower the noise level to 55 decibels. Mr.
Brewer said that he is not an acoustical engineer and cannot make any recommendations on how best to
reduce the noise. EXHIBIT
UDR- .-DO t-1
Warren Schaeffer, stated that he is the Attorney on behalf of the applicant, Rick Davis. He stated that this
use has been going on for a little over three years. The saw dust (chipped wood) is being used for
agricultural uses. He added that they sell the saw dust to dairy farms for bedding. Mr. Schaeffer
recommended approval of this application.
Commissioner Wailes asked if Mr. Davis is the principal operator of the business. Mr. Schaeffer replied
no and added Mr. Davis allows them to use his property. He added that Mr. Davis uses the excess wood
for heating his wood stove in the winter.
Commissioner Smock asked how the noise will be controlled since the decibel level is high. Mr.
Schaeffer said that one way is to limit the hours of operation and the scope and the size of equipment.
Ms. Smock said that the decibel level is still not within the required noise level and said that it will be
important to get those to coincide. Mr. Schaeffer said that he would need to defer to the operators of the
equipment to address that.
Commissioner Berryman asked how many conversations were held with the adjoining neighbors and
what the insights gained from those conversations were. Mr. Schaeffer said that he doesn't see this as
animosity but rather a disagreement between neighbors.
Commissioner Sparrow said that with regard to noise there should be a reasonable course of action that
will eliminate the problem. Mr. Schaeffer agreed and added that is what staff is recommending. He
stated that staff met with the applicant this morning and added that Mr. Davis agrees with the
recommendations in the staff report. Mr. Sparrow asked what the recommendations are. Mr. Ogle
referred to Development Standard 10 which states "The 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". Commissioner Sparrow stated that he would like to know what the applicants are going to do to
reduce the noise. Mr. Schaeffer said that if the operator continues to exceed the noise levels Mr. Davis
will terminate the relationship.
Commissioner Jemiola said that there are concerns with the compliance of Development Standard 10 so
if this case moves forward we want to make sure that the applicant complies with the noise regulation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tom Hellerich, 5401 West 101h Street, represents the adjacent landowner Nader Ghaffarvandlaleh. He
said that this is not a simple disagreement by Mr. Ghaffarvandlaleh and the applicant and added that
there have been several complaints regarding noise, dust abatement and roads. He said that Mr. Davis
was to submit a noise abatement plan and added that this has not been done. Mr. Hellerich stated that
the applicant's track record show of compliance with Weld County regulations has not been very good.
He added that this has been in violation for a significant period of time.
As it was pointed out, this operation is not being conducted by the applicant. He added that the operators
will come in and do their thing and leave and the regulations will be on Mr. Davis to adhere to. Mr.
Hellerich stated that this operation could be located on other suitable areas of the property instead of 100
feet from Mr. Ghaffarvandlaleh.
Nader Ghaffarvandlaleh said that they are not in opposition to be vindictive; however he added that the
Mr. Davis doesn't understand the impact of this business on the surrounding landowners. He provided
details of the impacts to his property from the applicant's operation.
Commissioner Cross said that there was a suggestion to move the chipper away from the surrounding
property and asked if it is possible with the floodplain. Mr. Ghaffarvandlaleh said that there is another
corner on the east side of his property where he resides and that would solve the noise problem.
Commissioner Hansford clarified if Mr. Ghaffarvandlaleh is not opposed to the operation but opposed to
the location on the property. Mr. Ghaffarvandlaleh stated that was correct and added that as long as they
are not impacted by the operation he is acceptable to it.
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Mr. Schaeffer said that Mr. Davis did tell him that there have been eight (8) days over the past three (3)
h. years when the sound exceeded the required noise level. Mr. Schaeffer said that this is simple personal
animosity between Mr. Ghaffarvandlaleh and Mr. Davis. He believes that this is a reasonable use of the
property.
Commissioner Jemiola asked if there is a possibility of moving the operation to another location on the
property. Mr. Schaeffer stated that in order to move this operation anywhere on this property other than
where it is would require either a fill of the wetland or moving Mr. Davis's home closer to the street.
Commissioner Smock asked how often grinding occurs. Mr. Schaeffer said that grinding occurs two (2)
times per month.
Commissioner Hansford said that the applicant has to keep the noise down if approved or this permit
could be revoked. If this operation is going to happen in the county you have to comply with the County
Code and it is up to the applicant to meet the noise standard. Mr. Schaeffer said that he will sit down with
the owners of the operation and explain to them the gravity of these concerns and insist that they take the
necessary steps to ensure self-policing so that there are no excessive levels in the future.
Commissioner Johnson said that the noise shouldn't be our responsibility to recommend how that should
be done and it should be a plan submitted by the applicant. He added that he has a problem with passing
this with the tenant not complying.
Bruce Barker, County Attorney, said that you are to look at compatibility with the neighborhood and added
that it is not to try and find ways to mitigate the problems. He said that it is up to the applicant to make
certain that the Use by Special Review activity fits within the development standards. He added that it is
not part of your determination to make certain that the right mitigation measures are there as it is the
applicant's responsibility.
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 USR14-0046 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 Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion passed (summary: Yes = 7, No= 2, Abstain = 0).
Yes: Benjamin Hansford, Gene Stille, Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
No: Bruce Johnson, Bruce Sparrow.
Commissioner Wailes stated that he feels this should fall under a Use by Right according to Section 23-3-
20.E of the Weld County Code. He said that staff has done a good job with the conditions of approval
and encouraged the applicant to take the advice and warnings given to locate this as far away from your
neighbors as possible. He hasn't seen a plan for the mitigation of noise or dust which those requirements
will need to be met and the burden of proof will rest solely on the applicant for that compliance.
Commissioner Smock said it is important to be a good neighbor.
Commissioner Jemiola recommended that the applicant work with the neighbors prior to the Board of
County Commissioner hearing to find an adequate solution.
Meeting adjourned at 6:17 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
g61:1, ,hnt--lqatiatein, Date: 2015.09.17 11:33:46-06'00'
Kristine Ranslem
Secretary
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S1 L I Is
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 41111, Tuesday, August 4, 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 Vice
Chair, Jordan Jemiola, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman, Terry Cross
and Gene Stille.
Absent: Bruce Johnson, Michael Wailes
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Wayne Howard,
Department of Planning-Engineering Division; Lauren Light, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 21, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion passed unanimously.
Motion: Appoint Jordan Jemiola as Chair for Planning Commission, Moved by Benjamin Hansford,
Seconded by Terry Cross. Motion passed unanimously.
Motion: Appoint Nick Berryman as Vice-Chair for Planning Commission. Moved by Joyce Smock,
Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR14-0046
APPLICANT THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS. INCLUDING
USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY
SPECIAL REVIEW AS LONG AS THE USE (GRINDING AND STORAGE OF
WOOD CHIPS AND LOGS FOR LIVESTOCK BEDDING) COMPLIES WITH
THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION LOT B OF RECX15-00070, BEING PART OF THE E2 OF SECTION 33, T6N,
R66W: LYING SOUTH OF GREELEY CANAL #3 EXC LOT A RE-783 OF THE
6TH P M..WELD COUNTY. COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31, NORTH OF AND ADJACENT TO CR
62.
Kim Ogle, Planning Services, presented Case USR14-0046, stated that the applicant would like to
request a continuance to the September 15th Planning Commission hearing so that adequate mineral
notification can be provided to the mineral interest owners and lessees. Staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application.
Motion: Continue Case USR14-0046 to the September 15, 2015 Planning Commission hearing, Moved
by Nick Berryman, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7).
Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
Absent: Bruce Johnson, Michael Wailes.
Meeting adjourned at 2:13 pm.
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• Respectfully submitted,
Digitally t :2 signed by 0 Kr:52 One 60slem
0'
Date:2015.08.17 07:52:47-06'00'
Kristine Ranslem
Secretary
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