HomeMy WebLinkAbout20153620.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3, 2015
I►' A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Planning Services — Engineering Division;
Lauren Light, Department of Health; Bruce Barker and Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the October 20, 2015 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR15-0040
APPLICANT W3 LEGACY LLC
PLANNER: CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 (PARKING AND STAGING AREA FOR A
TRUCKING AND CONSTRUCTION BUSINESS ALONG WITH
TRANSLOADING OF FLYASH), 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 A REC EXEMPT RE-1247; BEING PART E2/PT NW4 SECTION 19, T5N,
R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 370 FEET SOUTH OF CR 56 AND APPROXIMATELY 0.5
MILES EAST OF CR 13.
Commissioner Wailes said that because his property is an enclave of this site and has had discussions
with the applicant's representative regarding this case he would like to abstain from this case.
Chris Gathman, Planning Services, presented Case USR15-0040, reading the recommendation and
comments into the record. Mr. Gathman said that this property was previously permitted for 2850 head of
cattle under SUP-154. Mr. Gathman noted that a number of letters were received in opposition to this
case. The letters outlined concerns regarding incompatibility, noise and dust, the hours of operation, train
noise and hours, health questions regarding flyash, and how transloading will be conducted and
transferred from trains to trucks. The letters also listed conditions of approval such as paving, limiting
hours of operation, restrict noise levels, place a 15 foot berm with appropriate vegetation, limit traffic to
less than 20 trucks and downward lighting. 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.
ID Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light suggested that Development Standards 14, 15
and 17 may be deleted as it is duplicated in other development standards.
C/' 1
' ow �mb 2015-3620
11 -J (p -15
ID' Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado stated that this request is for a
commercial trucking and construction business. The business operates its main facility in Morgan County
and will use this site for operations in Weld County and the 1-25 Corridor.
There will be approximately 20 trucks and trailers used to haul flyash for soil stabilization in road
construction projects. The site will also be used for parking for heavy construction equipment when it is
not already mobilized to a construction site. A rail spur is proposed on the southern portion of the site to
receive flyash by rail and ship it by truck to the construction sites.
The site was operated as a feedlot and will be removed upon approval of this request. All lights will be
shielded and downcast. The site is approximately 23 acres in size and located between the Union Pacific
and Great Western railroads.
Mr. Naylor requested that the Planning Commission forward a favorable recommendation to the Board of
County Commissioners regarding this case.
Commissioner Cross asked how the flyash will be put into the existing silos on site. Mr. Naylor said it is
augured or pneumatically transferred in a closed system. He added that it is hooked to the bottom of the
rail car and pulled into the silo and augured back out to a sealed delivery truck. Mr. Naylor said that the
environment needs to be controlled when handling the flyash as it hardens when it hits any moisture.
Commissioner Johnson asked about the issue of the water quality leaving the property. He further asked
if the water is tested. Mr. Naylor said that the run-off water is not tested and added that the water quality
feature is to capture any sediments from the site. Mr. Howard said that there are no requirements to
capture the water and test it. The goal is not to have any release, as Mr. Naylor stated, because it is a
very fine particle like cement. He added that the applicants were not required to construct a water quality
pond; however they elected to do that for this site. Mr. Naylor stated that the water quality pond is
designed to control any run-off from the site and capturing any sediment on site. Mr. Johnson said he is
concerned with the water quality with that many trucks on site.
Commissioner Berryman asked if there is a screening plan proposed. Mr. Naylor said that they did not
prepare a screening plan since the nearest residence is 1100 feet from the property and believes that the
buffer within the agricultural area gives adequate screening.
III'"' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Michael Chrisman, 6713 Apache Road, Johnstown, stated that he is opposed to this request. He said
that this is the third initiative in as many months attempting to industrialize this area. He said that
although taken at face value this request appears to be relatively benign and have a relatively low impact;
however the incremental industrialization of this area will have a greater detrimental impact. Mr.
Chrisman requested denial of this USR. Should this be approved, Mr. Chrisman urged the Planning
Commission to place comprehensive conditions of approval to attempt to maintain the current conditions
present in this area. He asked that they consider noise restrictions, haul routes (require the applicant to
go west onto County Road 13), and paving of County Road 56.
ID`" David Kisker, 6681 Apache Road, Johnstown, stated that he represents the CLR 34 group opposing
this request. He said that they requested details from the applicant and didn't receive a response until the
second request they made. He provided a list of questions that was submitted and added that he didn't
feel their questions were adequately addressed but rather they were given vague answers.
Mr. Kisker stated that this request does not meet the agricultural goals and policies of the Weld County
Code since this is used in road construction and it is not related to or dependent upon agriculture.
Additionally, it does not meet the intent of the agricultural zone district as it is not compatible and does not
meet the health, safety and welfare of current and future residents of the area.
2
Mr. Kisker requested denial of this application. However, should this be approved Mr. Kisker requested
that their concerns of noise, dust, traffic and working hours be mitigated. He requested that an Off-site
Improvements Agreement should be required, that berms and sound barriers be placed in strategic
locations,m have onsite equipment available in case there is a release or spill, and limit working hours to
7 am to 5 pm Monday through Friday.
Janet Ross, 6248 CR 56, stated that all the truck traffic will be going by her house. She is concerned
that if County Road 56 becomes paved it will become an alternate route from the Martin Marietta site.
She also requested that vegetation and trees or a berm be placed between her property and the
proposed site. Additionally, she requested that the hours of operation be changed and the noise level
restricted. Ms. Ross stated that she is concerned with flyash and the contaminants of flyash and added
that her family has respiratory conditions and is concerned with their health.
ID John Cummings, 26700 CR 13, stated that his property abuts this proposed site. He is opposed to
this application as it belongs in an industrial site area. He is concerned with spills on the ground and
emitted into the air. He agrees with the three (3) previous speakers with the conditions that should be
placed to mitigate these concerns. Mr. Cummings also requested that unloading of flyash be restricted to
when there are low wind conditions.
I' Mel Bickling 6690 Lakota Court, stated he is concerned with the transfer of flyash to the silos and
that the existing silos are not designed to store flyash. Additionally, Mr. Bickling stated that he is
concerned about the truck traffic.
ID' Martin Brown, CR 56, stated that County Road 56 is not wide enough to support two (2) semi-
trucks.
Ellen De Lorenzo 1744, CR 44, stated that she is concerned with the incremental industrialization as
previously stated. She questioned the number of silos on site and asked if Martin Marietta will be a
recipient of this applicant's output.
The Chair called a recess at 2:09 pm and reconvened the hearing at 2:25 pm.
DIP* Mr. Naylor said that this site will be a satellite operation and will have 5 to 8 loads per day at this
facility. Mr. Naylor referred to the question on Martin Marietta and stated that W3 Legacy is at times a
subcontractor of Martin Marietta as they are building a road but they are not supplying flyash to the Martin
Marietta concrete batch plant.
Commissioner Jemiola asked about the transmission of the material to the silos. Mr. Naylor said it is a
piped system that goes through a hose and goes directly into the silo. Mr. Jemiola asked if the existing
silos are contained. Mr. Naylor said that they will need to be retrofitted to make sure that they meet the
air quality permit requirements.
Mr. Naylor stated that he visited with the applicant during the break and added that the applicant is willing
to put screening up along the western edge of the property.
Mr. Naylor said that the County sets standards or triggers for paving and at this time it is not required due
to the amount of traffic; therefore they do not intend to pave County Road 56.
Commissioner Berryman asked if the width of the County Road 56 is adequate. Mr. Howard said that
Public Works has not indicated that this roadway is a problem.
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.
3
ID- Motion: Forward Case USR15-0040 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 Benjamin Hansford, Seconded by Terry Cross.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Nick Berryman, Terry Cross.
No: Joyce Smock.
Excused: Michael Wailes.
Commissioner Smock cited Section 23-2-220.A.3 and added that she believes it is a compatibility issue
for this area.
Commissioner Hansford stated that he realizes that the residents of this area feel like they are being
targeted; however with the growth that they have seen in the past and what is to come in the future
everyone will be impacted by growth.
Commissioner Jemiola believes that this site can be mitigated to be compatible with the surrounding area.
11* CASE NUMBER: USR15-0045
APPLICANT: WARREN WOODWARD & DAVIDSON COMPANY, C/O CENTENNIAL
STORAGE LTD.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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 (RV, BOAT AND TRAILER STORAGE,
OFFICE/CARETAKER BUILDING, AND A GARAGE) 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 AND LOT C RE-4660 BEING PART OF THE S2NE4 SECTION 33, T1N,
R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.5 MILES SOUTH OF CR 4; APPROXIMATELY 0.25 MILES
WEST OF CR 7.
D" Diana Aungst, Planning Services, presented Case USR15-0045, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter of opposition was received. 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.
11` Greg Fantle, Centennial Storage, stated that they have been in business for 35 years at three (3)
different locations. This facility will house 90 RV's undercover with 15 acres of open storage. He said
that he has spoken with all the surrounding property owners but for the last landowner on the road. He
added that he left notes for the landowners but has been unable to speak to them. Mr. Fantle provided a
description of the site layout of the proposed project.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Sandy Rice, 605 CR 7, stated that she is not opposed to this site; however she is opposed to it as written.
She feels that there should be stipulations put on the permit. Ms. Rice stated that she is concerned with
4
the access on their private road. She said that that Highway 7 is currently gridlocked and is very difficult
getting onto or off of. She is concerned with the 24/7 access with the traffic, lights and noise associated
with RV's. She requested that the noise be limited to 50 decibels and would like to see brick or concrete
walls installed for screening.
The Chair asked the applicant to address the access issue. Mr. Fantle said that Sheridan Boulevard
is under the Town of Erie's jurisdiction and at the request of a previous applicant for the site Erie did not
allow access from Sheridan Boulevard. Mr. Fantle said that they have an easement that provides legal
access from County Road 7. He said that he will grade and maintain and put dust control on the
roadway.
Mr. Fantle said that he will screen the north, west and south sides of the property.
Commissioner Smock asked if there will be a caretaker on site as proposed. Mr. Fantle said that they
designed the facility for that eventual probability that someone will live there.
The Chair asked the applicant if he has read through the Development Standards and Conditions of
Approval and if he is in agreement with those. Mr. Fantle referred to Development Standard 26 relating to
necessary personnel from Weld County being granted access to the property and asked that they be
accompanied by an owner of the business. He added that it will be a secured facility and someone will
need to let them in. Ms. Aungst said that staff typically let the owners know when they need to come on
site and believes it is covered under the statement "at any reasonable time"; however she said that staff
would be okay with that amendment.
Motion: Amend Development Standard 26 to read "Necessary personnel from the Weld County
Departments of Planning Services, Public Works, and Public Health and Environment shall be granted
access onto the property and accompanied by a property owner 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", Moved by Benjamin Hansford, Seconded by Nick
Berryman.
Vote: Motion passed (summary: Yes = 5, No= 3, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Nick Berryman, Terry Cross.
No: Jordan Jemiola, Joyce Smock, Michael Wailes.
Commissioner Wailes stated that he believes it is implied in the language.
Commissioner Smock agreed with the original language.
The Chair asked the applicant if he has read through the Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR15-0045 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 Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Smock said it is a good idea to offer the agricultural water to the landowners nearby.
I► CASE NUMBER: USR15-0049
APPLICANT TRI-STATE GENERATION &TRANSMISSION INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
(APPROXIMATELY 30.5 MILES OF TRANSMISSION LINES) AND FACILITY
CONSTRUCTION LAYDOWN YARDS NEAR THE GREENHOUSE, COLFER,
RATTLESNAKE RIDGE AND SOUTH KERSEY SUBSTATIONS (CONSISTING
5
OF TWO CONSTRUCTION TRAILERS, MULTIPLE STORAGE CONTAINERS
AND OTHER ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION COMMENCING AT THE GREENHOUSE SUBSTATION LOCATED WITHIN
THE CORPORATE CITY LIMITS OF FORT LUPTON IN SECTION 34, T2N,
R66W THEN CROSSING SECTIONS 35, 26, AND 25, T2N, R66W AND THEN
INTO SECTIONS 30, 29, 28, 27, AND 22, T2N, R65W INTO THE COLFER
SUBSTATION. COMMENCING AT THE COLFER SUBSTATION HEADING
INTO SECTION 22, T2N, R65W AND CROSSING SECTIONS 15, 10, 11, AND
2, T2N, R65W AND ENTERING SECTION 35, T3N, R65 AND CROSSING INTO
SECTION 36 AND 25, T3N, R65W INTO THE RATTLESNAKE RIDGE
SUBSTATION. FROM SECTION 26, T3N, R65W THE TRANSMISSION LINE
ENTERS SECTION 30, T3N, R64W THEN CROSSES THROUGH SECTIONS
30. 19, 18, 7 AND 6, T3N, R64W AND INTO SECTION 1, T3N, R65W THEN
CROSSING SECTIONS 36 AND 25, T4N, R65W THEN ENTERING SECTION
30, T4N, R64W AND CROSSING SECTIONS 30, 24, AND 14, T4N, R65W INTO
THE MILTON SUBSTATION. COMMENCING AT THE MILTON SUBSTATION
ENTERING SECTION 18, T4N, R64W AND CROSSING SECTIONS 7 AND 6.
T4N, R65W AND THEN ENTERING SECTION 32, T5N, R65W AND
TERMINATING AT THE SOUTH KERSEY SUBSTATION.
LOCATION: APPROXIMATELY 0.5 MILES SOUTH OF CR 52; WEST OF AND ADJACENT
TO CR 51; APPROXIMATELY 0.5 MILES NORTH OF CR 14 AND EAST OF
AND ADJACENT TO CR 31.
Kim Ogle, Planning Services, presented Case USR15-0049, 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.
1►' Jennifer Petrik, Engineering, reported on the existing traffic, existing and future right-of-way, access
and drainage conditions and the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Ms. Light noted that Development Standards 14 and 15 do not have the correct wording and requested
that it match the referral comments that were submitted.
ID' Selina Koler, 1100 West 116`h Avenue, Westminster, Colorado, stated that this is Phase 2 of the
Southwest Weld Expansion Project. Phase 2 will include four transmission lines and three substations.
She added that there is 30.5 miles of proposed transmission lines. Ms. Koler provided an outline of the
alternate routes and the preferred route that was determined by avoiding constraints and restrictions from
the residences, oil and gas wells and the location of existing airports.
Commissioner Jemiola asked if the applicant had any conversations with David Dechant who submitted a
letter. Ms. Koler said that they have tried to contact Mr. Dechant but unfortunately has not reached him.
Mr. Jemiola stated that they feel strongly about agriculture and there are instances that they would make
other recommendations. Ms. Koler referred to Mr. Dechant's letter and said that he questioned the
purpose and need of the project and the duplicity of the Xcel lines and Tri-State lines. She said that the
Public Utilities Commissioner (PUC) reviewed this project and determined that this project is needed.
She said that this route was particularly chosen compared to the alternatives in this area because it
impacted fewer residences. She added that they don't necessarily feel that a transmission line through
this property would impact farming as the proposed structures might be a little more conducive to farming
as they are higher and there is only one structure in the ground as compared to the existing H-Frame
structures.
Ms. Koler said that Mr. Dechant also requested to combine both facilities; however it was determined that
it was not feasible because the Tri-State line is double circuit and by adding the Xcel line it would be a
triple circuit line and the height of that line would be over 200 feet and would be precluded by the FAA
with its proximity to the airports.
6
Commissioner Jemiola asked about burying the transmission line in that particular area. Ms. Koler said
that burying a line is very expensive and is a last option. She added that many of the farmers would
agree that it would not be less impactful because vaults are required every 2000 feet and added that it is
hard to pinpoint where an issue is when it is underground.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Maria Petrocco, 10955 Westmoor Drive, Westminster, Colorado, stated that she represents David
Dechant. She stated that he is strongly opposed to this request because it makes farming difficult as he
needs to maneuver around these poles. She added that he stores his haystacks under the existing Xcel
power lines and the new lines would eliminate his storage area. Additionally, she stated that Mr. Dechant
would like to put in a pivot system and this might inhibit his ability to do so. Ms. Petrocco stated that this
proposed line will go through five of Mr. Dechant's farms and he is requesting that no lines cross this
Section 19 only.
Commissioner Johnson said that he does not know how this line would hinder the pivot systems since it
would be located in the center of the section and noted the two (2) existing center pivots in the southern
portion of Section 19. Ms. Petrocco said that Mr. Dechant stated he wanted additional pivot systems and
clarified that he didn't state that they would be center pivots.
Commissioner Jemiola asked if Mr. Dechant would be in favor of burying this line. Ms. Petrocco said she
thought this would be a much better solution than trying to maneuver his machines around the poles, but
deferred to Mr. Dechant.
r` Ms. Kohler said that the lines should not impact the pivot irrigation should Mr. Dechant choose to
install one. She added that by routing the line north of the section it would be more difficult because of
the existing oil and gas encumbrances and residences. She said that there would be five (5) structures
within this Section 19. Ms. Koler stated that she understands Mr. Dechant's concerns and added that
there may be a possibility to match Xcel's structures on this property so that the poles would not offset
and try to minimize impacts to Mr. Dechant.
Commissioner Sparrow asked to describe the problem with burying the lines. Ms. Koler said that there
are underground vaults every 2000 feet and provided visual slides of the amount of disturbance it creates
on the property as compared to above ground structures. She added that cable risers may be an issue
with the FAA and the proximity to airports. She said that they would definitely try to work with Mr.
Dechant on installing the structures so it would not impact the pivot.
Commissioner Jemiola stated he is concerned with one entity encumbering another and has never seen
two lines paralleling each other. Ms. Koler said it is pretty common and added that most transmission
lines do try to parallel an existing line so it is one corridor rather than half-mile apart from each other.
Di' Mr. Ogle requested three corrections to the staff report. He requested that a new Condition of
Approval 1.F be added to read "The applicant shall attempt to address the concerns of Kerr McGee Oil
and Gas Onshore LP as stated in their referral dated September 22, 2015."
Mr. Ogle requested amending Development Standard 14 to read "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 I of the Weld County Code."
Additionally, Mr. Ogle requested that Development Standard 15 be amended to read "Fugitive dust
should attempt to be confined on the property. Uses on the property should comply with the Colorado Air
Quality Commissions Air Quality Regulations."
Motion: Add Condition of Approval 1.F and amend Development Standards 14 and 15 as stated by staff,
Moved by Bruce Johnson, Seconded by Joyce Smock. Motion carried unanimously.
7
Ms. Koler referred to Condition of Approval 7 and said that with this condition all of the easements need
to be acquired and because of the nature of this project with 30.5 miles of transmission lines and that it is
being bisected with three substations it is very likely that they would start construction on one segment of
the line prior to acquiring easements on the other segments. Therefore they would like to request that it
be changed so they can stagger the construction of these projects. Mr. Ogle said that staff recommends
the language remain as it is.
Commissioner Johnson said that he agrees with the applicant that this would be difficult with this
extensive project. Bob Choate, County Attorney, stated that this is exactly how the County is handling the
County Road 49 corridor expansion project. He added that it is typical to continue construction during the
acquisition of right-of-way. Mr. Johnson concurred with Mr. Choate and agreed that it should be modified
to be addressed in stages.
The Chair called a recess at 4:26 pm for staff to craft language for Condition of Approval 7. The Chair
reconvened the hearing at 4:45 pm.
Bruce Barker, County Attorney, agreed that the applicant can record the map upon approval and
have the route shown without all of the easements being secured. He added that on the segments that
the easements have been acquired and constructed the applicant will then file a supplemental map for
recording.
Mr. Barker recommended amending Condition of Approval 7 to read "The Applicant shall, prior to
construction of any segment, submit to the Department of Planning Services a Special Review map that
shows the entire length of the project. Upon submittal, the map shall be ready for recording in the office
of the Weld County Clerk and Recorder. Thereafter, prior to constructing any individual segment, the
Applicant shall submit to the Department of Planning Services a supplemental map showing the individual
segment to be constructed. The supplemental map shall be ready for recording upon submittal."
Motion: Amend Condition of Approval 7 as stated, Moved by Terry Cross, Seconded by Benjamin
Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
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.
Di' Motion: Forward Case USR15-0049 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 Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Smock encouraged the applicants to work with the landowners.
Commissioner Berryman echoed Ms. Smock's comments.
Commissioner Johnson stated that he concurs with Ms. Smock and Mr. Berryman and encouraged them
to work with the landowners in Section 19. He added that he is opposed to putting that kind of voltage
into the ground.
Commissioner Jemiola stated that it is very important to work with landowners, especially those already
impacted by a power line easement.
8
Commissioner Hansford stated that he would like to excuse himself from the next case due to personal
reasons. He left the meeting at 4:58 pm.
CASE NUMBER: USR15-0047
APPLICANT: JM TRUCKING LLC
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 (HEAVY EQUIPMENT - TRUCKING AND
TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE
STORAGE AND STAGING AND MORE THAN ONE CARGO CONTAINER AS
ACCESSORY STRUCTURE), 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 A REC EXEMPT RECX14-0065; BEING PART NW4 SECTION 27, TIN,
R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1,330 FEET EAST OF CR 31, SOUTH OF AND ADJACENT
TO CR 6.
► Kim Ogle, Planning Services, presented Case USR15-0047, reading the recommendation and
comments into the record. Mr. Ogle noted that staff received several letters and emails in opposition to
this case. 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.
Di' Robert Malloy, 980 Norway, Loveland, stated that he represents the applicant. Commissioner
Smock referred to Application Question #5.H relating to water being transported to the site with a portable
pickup tank. Mr. Malloy said that they are supplying bottled water to employees; however that is a
proposal in the future. Ms. Smock emphasized that the statement says "currently" and is concerned
about that. Mr. Malloy said the application is incorrect and it is not currently being done.
Mr. Malloy said that the applicant held a neighborhood meeting and sent out 12 letters to the neighbors.
He said that the applicant purchased the property and operated from the site without realizing he needed
a land use permit. The drivers come to the site in the morning and return again in the evening. The
hours of operation are Monday through Saturday from 5 am to 10 pm. He added that the drivers do not
all arrive or leave at the same time.
Mr. Malloy stated that the applicant does intend to build a residence on site as well. He noted that they
intend to plant Austrian Pines and a six (6) foot opaque fence along the fence line to screen the
neighbor's property.
Commissioner Smock said it appears there was an issue with the Fort Lupton Fire Department and the
Brighton Fire Department and asked the applicant to explain that. Mr. Malloy said the issue was whose
jurisdiction this property was in and added that it is under the Brighton Fire District.
Commissioner Cross asked what the limit is for parking. Mr. Malloy said that there are currently eight (8)
trucks and they have requested the limit to be 12 trucks.
Commissioner Smock is concerned about access into and out of the property as it appears it is
landlocked. Mr. Malloy said that they intend to widen the access road to 26 feet. Mr. Ogle noted that this
9
property is a flagpole parcel and it is a shared access between the applicant and the property owner to
the south, with the flagpole access on the applicant's property.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Cindy Fortenberry, 15600 CR 6, stated that she is the closest neighbor. She is opposed to this business
and is concerned with the noise, hours of operation and screening of the property. She said that there is
no room where the applicant plans to plant the Austrian Pines. She added that there were trees planted
for the adjacent rodeo and it doesn't break any noise.
Ms. Fortenberry entered into the record a letter from Marty Stoll who was not able to stay for this case.
M°` James Massey, 15013 CR 6, stated that he is concerned with the traffic. He would like to see this
site remain agricultural.
Sandy Lutz, 15511 CR 6, stated that she, along with her brothers, own their property and they are
opposed to this. She said that she is bothered by the noise, dust and the lights that shine in her house
from the trucks.
ID' Mack Fortenberry stated that he lives to the east of the site. He said that this is an agricultural
community and added that there are other commercial properties for sale in the area that he needs to
move to. He is also bothered by the trucks idling and the noise from repairing the trucks.
Eric Permut, 15492 CR 6, stated that he lives to the south of the site. He said that with the other
surrounding noises from the railroads and airports, you can't really hear noise from the applicant's
property. He added that the employees have always been nice to deal with.
Commissioner Wailes asked if Mr. Permut shares the access with the applicant. Mr. Permut replied that
they do share the access with the applicant and added that he does a good job of maintaining it.
Juan Soto, 15488 CR 6, (translated by Guillermo Munez, 780 Alpine Road, Dillon, Colorado) stated
that he is okay with applicant operating from this site. He doesn't think there is a problem with the noise
and trash. He added that the noise does not only come from the applicant's property but from some oil
tank trucks that come at night.
r` Christian Shulte, 1856 56th Avenue, Greeley, stated that he is the attorney for the Fortenberrys. He
asked the Planning Commission to consider what the applicant said in that he just ended up here with no
thought of becoming compliant with the county's requirements for this operation. The proposed trees
cannot be done because of the flagpole access. He asked the Commission to not only look at the
application but the whole picture and if this applicant can be trusted. He said that there are many errors
and false statements within the application. While Mr. Soto owns the property he does not live there and
cannot speak to the noise.
Mr. Malloy said that noise is a big factor and the applicant is sorry about starting his business prior
to submitting his application. The noise comes from changing tires and operating compressors. He
added that currently they do need to start up the trucks to warm up but they intend to bring in power and
the idle time will go away.
Mr. Malloy said that they will build the shop so the maintenance is performed indoors and that will also
help with the noise. He said that they intend to plant trees to mitigate noise and sight concerns. He
added that the road can be moved over toward the shop so there will be plenty of space for trees to be
planted.
10
Commissioner Johnson asked how long will it take for this list of mitigations to be implemented. Mr.
Malloy said that they will want to have this in place by winter but they will follow the county requirements.
Mr. Ogle noted that the applicant has 120 days to submit and record the plat and then he is allowed to
make improvements to the site.
Mr. Ogle requested to add a new Condition of Approval 5 to read "The number of tractor trailers
associated with the business shall be limited to 12. The number of service vehicles on site is limited to
two (2)."
Motion: Add Condition of Approval 5 as stated by staff, Moved by Nick Berryman, Seconded by Joyce
Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Benjamin Hansford.
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 Johnson referred to Development Standard 3 and asked if the hours of operation should
be changed. He suggested a change to reflect the hours of operation of 7 am to 7 pm.
Motion: Amend Development Standard 3 to state that the hours of operation are from 7 am to 7 pm
Monday through Saturday, Moved by Bruce Johnson. Motion failed due to lack of second.
Motion: Forward Case USR15-0047 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 Johnson, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Benjamin Hansford.
Commissioner Johnson stated that he doesn't believe this is an accessory use to agricultural and that it is
not compatible to existing uses of the neighborhood.
Commissioner Berryman said he doesn't have much issue with the planned improvements but he is
concerned with compatibility of the use and the way it came into being in that particular area.
Commissioner Jemiola cited Section 23-2-220.A.3 for lack of compatibility.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
D'r The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Jemiola asked if the Planning Commission had any suggested topics to talk about at the
luncheons. Commissioner Johnson suggested a discussion with the Board of County Commissioners
regarding businesses that are reaching into the agricultural zone. He added that it seems some of the
industrial or commercial type activities are trying to come under the umbrella of a USR and would like to
have some communication with them. Commissioner Berryman concurred with Mr. Johnson.
Commissioner Jemiola suggested inviting the Parliamentarian Society to a luncheon to practice making
motions and subsidiary motions.
Tom Parko, Planning Director, presented the proposed 2016 Planning Commission Hearing Dates. Mr.
Parko reminded the Planning Commission to let the Planning Clerk know if you plan to be absent so we
can ensure there is a quorum.
11
Meeting adjourned at 6:23 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
�� `yL Date:2015.11.06 08:35:19-07'00'
Kristine Ranslem
Secretary
12
L
Hello