HomeMy WebLinkAbout20150247.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMIS:. 1 ntip,h'
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: USR14-0064
APPLICANT: CENTENNIAL TOOLS &SERVICE, LLC, CIO JOSE&AURELIO GONZALEZ
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(A SHOP,EMPLOYEE AND COMMERCIAL TRUCK PARKING)
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-4314; PART N2SE4 SECTION 10,T4N, R64W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 57 AND APPROXIMATELY 0.4 MILES
NORTH OF CR 46.
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.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20.G.2-
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial,and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region."
The applicant is requesting a Use by Special Review permit for a shop and employee and
commercial truck parking. The hours of operation are proposed to be 6:00 a.m.-6:30 p.m.
Monday—Sunday. The application materials state that there are six(6)full-time employees
and there will be five (5) pickup trucks leaving the site twice per day and two semis leaving
once per day. There is no outdoor storage of materials on the site. The truck/employee
parking shown on the Use by Special Review(USR) map will be screened.
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.which allows 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 (a shop, employee and
commercial truck parking) 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 adjacent lands consist of pastures,crops,and rural residences. The closest residence is
approximately 160 feet south of the south property line.There are no Use by Special Review
Permits within one mile of this site. The Weld County Department of Planning Services has
not received any correspondence from the surrounding property owners that object to this
Use by Special Review(USR).
RESOLUTION USR14-0064
CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 2
The applicant has submitted a Screening Plan for the truck/employee parking. This Plan
along with the attached Development Standards and Conditions of Approval for this proposal
will assist in mitigating the impacts of the facility on the adjacent properties.
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 not located within a three(3)mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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.
The site is in a Special Flood Hazard 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.
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 soils designated as"Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed Use by
Special Review(USR) will take approximately 8 acres of Prime (Irrigated) Farmland out of
production.
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 USR14-0064. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
RESOLUTION USR14-0064
CENTENNIAL TOOLS& SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 3
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)
5) The approved Landscape/Screening Plan. (Department of Planning Services)
6) The approved Parking Plan. (Department of Planning Services)
7) County Road 57 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. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall be
noted on the map. 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)
8) Show the approved access(es) on the map and label with the approved access permit
number(AP14-00374). (Department of Planning Services- Engineer)
9) Show and label tracking control onto publically maintained roadways on the map.
(Department of Planning Services- Engineer)
10) Show the accepted water quality feature on the map and label as"Water Quality Feature, No-
Build or Storage Area". (Department of Planning Services- Engineer)
11) Show and label the floodplain/floodway limits on the map.(Department of Planning Services-
Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution.The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles orArcGIS 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)
RESOLUTION USR14-0064
CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 4
Motion seconded by Michael Wailes.
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 January 6, 2015.
Dated the 6th of January, 2015.
Digitally signed by Kristine
43bn/L Ranslem
Date:2015.01.12 15:16:27-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Centennial Tools & Services, LLC
USR14-0064
1 . A Site Specific Development Plan and Use by Special Review Permit, USR14-0064, 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 (a shop, employee and commercial truck parking) 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, 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 am — 6: 30 p.m . Monday - Sunday, and from time to time there may be
employees accessing the site outside of these hours to pick-up equipment or paperwork. (Department
of Planning Services)
4. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
5. The landscaping/screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
6. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0775C 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)
7. 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)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
10 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
11 . 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.
12 . 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.
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
RESOLUTION USR14-0064
CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 6
14. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan,at all times. (Department of Public
Health and Environment)
16. 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)
17. Sewage disposal shall be by septic system when the number of full time on site employees exceeds
2. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On-site Wastewater Treatment Systems. (Department of Public Health and
Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the
number of full time on site employees exceeds 2. (Department of Public Health and Environment)
19. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day
and 2 or less full time employees on site, 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)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
21. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
23. 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)
24. 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)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
RESOLUTION USR14-0064
CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 7
26. 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.
27. 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.
28. 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.
29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads; dust from animal pens,field work, harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County,property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR14-0064
CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
PAGE 8
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,sand burs, 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.
pc. Minuts
1-to- Is-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 6, 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: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Diana Aungst and Tom Parko, Department of Planning Services; Wayne Howard and
Jennifer Petrik, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 16, 2014 Weld County Planning Commission minutes, Moved by
Joyce Smock, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2015-1
PRESENTED BY: TOM PARK()
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, requested that this item be continued to the February 3, 2015
Planning Commission hearing. Mr. Parko added that following a work session with the Board of County
Commissioners, they would like to have a stakeholder meeting with some industry representatives.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue Ordinance 2015-1 to the February 3, 2015 Planning Commission hearing, Moved
by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman,Terry Cross.
Commissioner Berryman commented that this is a great step and looks forward to seeing what comes out
of this meeting.
CASE NUMBER: USR14-0064
APPLICANT: CENTENNIAL TOOLS&SERVICE, LLC, C/O JOSE&AURELIO GONZALEZ
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 (A SHOP, EMPLOYEE AND COMMERCIAL
TRUCK PARKING) 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-4314; PART N2SE4 SECTION 10, T4N, R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 57 AND APPROXIMATELY 0.4 MILES
NORTH OF CR 46.
EXHIBIT
AD I5-O L17
Diana Aungst, Planning Services, presented Case USR14-0064, reading the recommendation and
comments into the record. Ms. Aungst noted that two (2) letters from surrounding property owners were
received in opposition of the proposed use. The letters outlined concerns regarding traffic, noise and
compatibility. 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.
Curtis Williams, JR Engineering, 7200 South Alton Way, Centennial, Colorado, stated that the
applicant provides support to the oil and gas industry through tool rentals and trucking water to and from
the job sites. A proposed 100x50 structure will be constructed to store the tools. Initially, portable toilets
will be used; however the applicant intends to have restrooms inside the building.
Jose Gonzalez, 326 3rd Street, Kersey, Colorado, stated that he received the letters of opposition prior to
the start of the hearing and wished to address them. He stated that the employees are from local
communities. With regard to the number of trucks, Mr. Gonzalez said that his dad operates the trucking
business and there are two (2) trucks that transport water from job site to job site. He added that those
trucks are just parked at the site over night. The tools fit into a normal 8 foot bed pickup truck. Mr.
Gonzalez stated that all the employees are US citizens and carry valid Colorado State Drivers License.
Mr. Gonzalez understands that this is in violation and added that they were sent to court. He said that
they went to court because they turned in the completed application after the deadline date. Mr.
Gonzalez stated that they intend to park the vehicles inside the proposed building.
Commissioner Wailes referred to the application and asked if they intend to have a residence located
within the proposed shop building. Mr. Gonzalez said that he would like to put a kitchen in the shop
building and indicated that his dad may live on the property in the future.
Commissioner Sparrow asked how the applicant will be irrigating the landscaping until the water well is
drilled. Mr. Williams said that water will be transported in to water the landscaping initially.
Commissioner Smock asked the applicant to explain the shared well. Mr. Gonzalez stated that there is a
shared well agreement with the property to the north.
Commissioner Johnson understands that his father will have two (2) trucks and asked to clarify how many
trucks Mr. Gonzalez will have. Mr. Gonzalez said that he has six (6) pickup trucks and he allows his five
(5) employees to take the company trucks home and come back in the morning.
Commissioner Maxey referred to the hours of operation and asked if they operate outside of the stated
hours for emergency reasons. Mr. Gonzalez said that it is possible that someone could come outside of
those hours and requested that this be amended so they wouldn't fall into violation again.
' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Steve Foos, 23435 CR 61, Kersey, Colorado, stated that he has farmed there since 1981. He said that
they came here with questions and concerns and added that the applicant has addressed those
questions and concerns. He stated that a young man is starting this business and he is doing the best he
can. Mr. Foos said that he has three (3) trucks for farming and can work all hours of the night. He stated
that he has no concerns with this business and expressed support for the applicant.
Commissioner Maxey clarified if the there is a change to the hours of operation if he is acceptable to that.
Mr. Foos stated that the applicant is a young man trying to start a business and said that he understands
there may be occasionally some night hours.
2
Mr. Foos asked what the augmentation plan is for the well.
In regard to the augmentation plan, Mr. Williams said that he is not sure at this time but will check on
that. Commissioner Johnson added that he believed for small commercial wells they are exempt from
augmentation. Ms. Aungst said that the well is not permitted for commercial uses; therefore if the
applicant chooses to use the well for commercial uses then they will need to re-permit the well.
: Ms. Aungst suggested amending Development Standard 3 to read "The hours of operation are 6:00
am -- 6:30 p.m . Monday - Sunday, and from time to time there may be employees accessing the site
outside of these hours to pick-up equipment or paperwork."
Motion : Amend Development Standard 3 as stated by staff, Moved by Jordan Jemiola, Seconded by
Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that he is in
agreement.
W Motion : Forward Case USR14-0064 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 Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Commissioner Smock expressed appreciation for young people starting new businesses in Weld County
and also for the people in the community who support them .
Commissioner Wailes appreciated the Foos's coming in and sharing their concerns and then giving their
support for their neighbors.
Commissioner Jemiola thanked the applicant and Mr. Foos for being good neighbors.
Commissioner Maxey echoed previous comments and thanked the applicant and his representative for
providing a good plan. He expressed appreciation to Mr. Foos for coming in today and expressing their
concerns and then becoming an advocate for the applicant after having those concerns addressed.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Brad Yatabe, County Attorney, stated that this is to designate a posting place for Planning Commission
hearings. Annually, the Board of County Commissioners designates a posting place for notices according
to Colorado Statute 24-6-402. After further review of this statute, Mr. Yatabe stated that this also applies
to the Planning Commission hearings. He suggested that the Bulletin Board located in the Administration
Building be the designated place for placing public notices for the Planning Commission.
Motion : Designation of posting notice of the Planning Commission hearings on the Bulletin Board of the
Administration Building, 1150 0 Street, Greeley, Colorado, Moved by Benjamin Hansford, Seconded by
Jordan Jemiola. Motion carried unanimously.
Meeting adjourned at 2:43 pm .
Respectfully submitted.
4.5VAttgrit—f Digitally signed by Kristine Ranslem
Date: 2015.01 .12 15:05:45 -07'00'
Kristine Ranslem
Secretary
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