HomeMy WebLinkAbout20153741.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bruce Johnson,that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 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,T1N,
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.
be recommended unfavorably to the Board of County Commissioners.
1. The submitted materials are not in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220 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 23-2-220.A.1.A.Policy 7.1.states
"County land use regulations should support commercial and industrial uses that are directly
related to,or dependent upon,agriculture,to locate within the agricultural areas,when the
impact to surrounding properties is minimal, or can be mitigated,and where adequate
services are currently available or reasonably obtainable."The heavy equipment-trucking
and truck repair shop along with outside equipment/vehicle storage and staging facility is
presently in operation on site and is located in an area that allows good access to the oil field
and construction areas.
B. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties located predominately to the north
northwest and west southwest of County Road 6 were created by Recorded Exemption and
are of varying size. Adjacent properties south of County Road 6 were created by Recorded
Exemption and range in area from 6—10 acres in area. There are four residences in the
immediate area with several additional residences in the general area.From the property line
looking to the East is the Fortenberry — Smith property with their residence located
approximately 435 feet from the eastern property line;to the north is the Soto residence
located approximately 394 feet and the Massey property located approximately 539 feet from
the northern property line at the point of ingress and egress from County Road 6;to the west
there are no immediate neighbors and to the south is the Rael residence located at a
distance greater than 800 feet from the southern property line. Planning staff has received
two letter of opposition,the first letter is from the Fortenberry's adjacent property owner to the
east with concerns regarding the operation of a trucking company without first obtaining the
appropriate land use permits, and the second letter was received from Mr. Davis was
opposed to the operation of a commercial business in the rural agricultural zoned community.
Mr.Davis cited increased traffic,dust,roadside trash,noise,disruption to the quality of life
that the community values and enjoys. As previously stated,staff is requiring the outdoor
storage/staging of vehicles to be screened;a Parking Plan to address the parking location on
® the property to mitigate the impacts of noise and exhaust onto neighboring properties and as
a condition of approval the lights will be directed downward and away from neighborin
properties.
EXHIBIT
US(Z15-0047
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 2
C . Section 23-2-220 AA -- 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 three miles of the City of Fort Lupton . the City of
Brighton , the Town of Lochbuie and Adams County The City of Fort Lupton returned a
referral dated September 14 , 2015 stating the City had reviewed the request and find no
conflicts with their interests. The City of Brighton, the Town of Lochbuie and Adams County
did not return a referral
This recommendation is based . in part. upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
Should the Board of County Commissioners approve the proposal , the Planning Commission recommends the
following conditions:
1 Prior to recording the USR map
A The applicant shall attempt to address the requirements (concerns) of the Greater Brighton Fire
Protection District, as stated in the referral response dated August 14 , 2015. Written evidence
of such shall be submitted to the Weld County Department of Planning Services (Department
of Planning Services)
B The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval . All parking areas shall be screened from adjacent properties and public rights of
way. (Department of Planning Services)
C The map shall be amended to delineate the following :
1 All sheets of the map shall be labeled USR15-0047 ( Department of Planning Services)
2 . The attached Development Standards (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code. (Department of Planning Services)
4 The applicant shall delineate the trash collection areas. Section 23-3-350 H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5 The Landscape/Screening shah be shown on the map in accordance with Section 23-3-
250.A.5 of the Weld County Code. (Department of Planning Services)
6 The Lighting shall be shown on the map in accordance with Section 23-3-250 B 6 of the
Weld County Code (Department of Planning Services)
7 The Parking shall be shown on the map in accordance with Section 23-3-250.A.2 of the
weld County Code (Department of Planning Services)
8 County Road 6 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way All setbacks shall
be measured from the edge of right-of-way This road is maintained by Weld County
(Department of Planning Services-Engineer)
9 Show and label the approved access, (AP15-00435) on the site plan . (Department of
Planning Services-Engineer)
10 Show and label all easements with the recorded document reception number and date on
the site plan. (Department of Planning Services)
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 3
11 . The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50. E of the Weld County Code.
12. Show and label the accepted drainage features and drainage flow arrows on the site
plan. Water quality features should be labeled as "Water Quality Feature, No-Build or
Storage Area, Volume = 4757-ft3" (Department of Planning Services-Engineer)
13. Show and label the Western Area Power Administration, Hoyt — Terry Street
Transmission Line Easement, Reception number 3597344, dated December 31 , 2008.
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 USR 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(o)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 Denial Against Denial Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 4
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 November 3. 2015.
Dated the 3'd of November, 2015 .
;, Digitally signed by Kristine Ranslem
42)Ve y 11-;: n4/ Liv Date: 2015. 1 1 .06 08:58:33 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JM Trucking Company , LLC
Jimmy Mascarenas
1 . A Site Specific Development Plan and Use by Special Review Permit. USR15-0047 . 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
equipment/vehicle storage and staging). provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards
stated heron. (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 5:00 a. m . - 10:00 p m Monday - Sunday. as stated by the applicant(s) .
(Department of Planning Services)
4. The number of employees shall be restricted to 14 persons with 2 employees employed on site as
stated in the application materials. (Department of Planning Services)
5. 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). (Department of Planning Services)
6. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. 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)
8. 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. (Department of Public Health and Environment)
9. 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)
9. 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)
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 . 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)
12 . 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)
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 6
13. 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)
14. 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)
15 . The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations . ( Department of Public Health and Environment)
16. 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)
17. 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)
18 The screening/landscaping on the site shall be maintained on site_ (Department of Planning Services)
19. 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 Coda (Department of Planning Services-Engineer)
20. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking . (Planning and Engineering)
21 . There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized .
(Department of Public Works)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Planning Services-Engineer)
24_ 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 Building Inspection)
25 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County ty Code
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.
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 7
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. 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
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_
30. 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
pr
oducts sold . The rural areas of Weld County may be open and spacious. but they are
P P
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
RESOLUTION USR15-0047
JM TRUCKING LLC
PAGE 8
families to respond to emergencies_ County gravel roads. no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road . Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas. in many cases. will not be equivalent to municipal services Rural dwellers must. by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations. high speed traffic. sandburs, puncture vines, territorial farm dogs and livestock. and open
burning present real threats Controlling children's activities is important, not only for their safety but also
for the protection of the farmer's livelihood.
C Mt tvviec
/ 1 - 1 (2
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3. 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.
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
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 EQUIPMENT/VEHICLE
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 T1 N,
R66W OF THE 6TH P M . WELD COUNTY, COLORADO
LOCATION: APPROXIMATELY 1 , 330 FEET EAST OF CR 31 SOUTH OF AND ADJACENT
TOCR6
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 .
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 realizin . he needed
EXHIBIT
1
us s -to ' th
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
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.
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.
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.
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.
2
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
9 9
added that the road can be moved over toward h sh
op e s op so there will be plenty of space for trees to be
planted
Commissioner Johnson
so asked how long will it take for this list of mitigations to be implemented . Mr.
9
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 sh
all ess s all 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 p state that the hours of operation are from 7 am to 7 pm
Monday through
t oug 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
Meeting adjourned at 6:23 pm .
Respectfully submitted.
Digitally signed by Kristine Ranslem
6/3\ ru Date: 2015 . 1 1 .06 08:51 :29 -07'00'
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State,Zip
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