HomeMy WebLinkAbout20152112.tiff BEFO
RE THE WELD COUNTY. COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola . 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 USR14-0073
APPLICANT BUCKLEN EQUIPMENT CO
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 ( RECYCLING OF AGGREGATE INCLUDING CONCRETE .
ASPHALT AND FILL DIRT) 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 1 SUBX14-0016 BEING PART NW4 SECTION 31 T6N . R65W OF THE 6TH
P M WELD COUNTY. COLORADO
LOCATION APPROXIMATELY 1300 FEET WEST OF 25TH AVENUE AND APPROXIMATELY
500 FEET NORTH OF NW C STREET
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. "
This site is surrounded on all sides by mining operations and appears to be compatible with the
region
Section 22-5-80 B - CM Goal 2 states. "Promote the reasonable and orderly development of
mineral resources. ..
The applicant is requesting a Use by Special Review permit for the use of the property for
recycling of aggregate materials including concrete, asphalt and fill dirt_ The stockpiles that have
been on the site since the 1970s were associated with the mining operation that was approved by
the State and the Division of Reclamation and Mining Safety. There is no USR associated with
the original mining operation so a USR is required to approve this new recycling business. The
new stockpiles on the site are the recycling materials — concrete. asphalt and fill dirt - and will be
placed within the fenced yard, the fence is a minimum of 100' from the south edge of the Cache la
Poudre River The application materials state that there are two full-time employees and fifteen
( 15) semi-trucks for product delivery and removal . The hours of operation are proposed to be 7 00
a m — 5 00 p. m . Monday — Friday This site is not adjacent to public right-of-way therefore staff is
not recommending screening . No lighting or signage is proposed and the trucks will be parked on
the adjacent property to the west and southwest. No customers will be coming to the site.
Offices, restrooms, and employee parking will be available at the Bucklen Equipment site to the
west. If necessary. a water tanker truck or portable sprinkling system will be used at the site for
dust abatement. Bottled water and portable toilets will be available at this site EXHIBIT
U - C�b��
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 2
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 for 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 (recycling of aggregate including
concrete, asphalt and fill dirt) 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 properties are mainly utilized mining operations and industrial trucking operations.
The closest residence is about one-quarter mile south of the site.
There are about five (5) USRs located within one mile of this parcel that were issued for gravel
mining and associated activities. The Weld County Department of Planning Services has not
received any correspondence from the surrounding property owners related to this USR.
The Conditions of Approval and the Development Standards for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley in their referral comments, dated December 18, 2014 indicated that the property is
located within the City of Greeley Long Range Expected Growth Area. If in the future. additional
water service is requested or sanitary sewer service is required, then it will be a requirement to
annex into the City of Greeley, prior to City of Greeley providing utility service.
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 USR is on approximately 13.81 acres of "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This USR will take about 13.81
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.
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 3
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 •
Prior to recording the plat.
A A CDPHE Compliance Advisory issued on April 2 . 2014 , and a Violation Notification issued by
WCDPHE on March 26. 2014 . notified the applicant that waste materials have been illegally
disposed of at the facility The applicant shall either remove the waste materials at issue or shall
demonstrate that it does not pose a risk to human health and the environment (Department of
Public Health and Environment)
B An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control, damage repair, specified haul routes and
future traffic triggers for improvements will be included . (Department of Planning Services —
Engineer)
C The map shall be amended to delineate the following
1 ) All sheets of the map shall be labeled USR14-0073. (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)
4 ) North 25th Avenue is a paved road and is designated on the Weld County Road Classification
Plan as a local road , which requires 60 feet of right-of-way at full build out. The applicant shall
verify and delineate on the map the existing right-of-way and the documents creating the
right-of-way 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)
5) The applicant shall indicate specifically on the plat any right of way and/or easements and
indicate whether they are dedicated . private, or deeded and label with recorded document,
book and page and/or reception number to provide adequate access to the parcel
(Department of Planning Services - Engineer)
6) Show and label standard tracking control onto publically maintained roadways on the map.
(Department of Planning Services - Engineer)
7) Show the accepted water quality feature on the map with volume and label as -Water Quality
Feature, No-Build or Storage Area- . (Department of Planning Services - Engineer)
8) Show and label the approved accesses. turning radii and parking and circulation on the map
(Department of Planning Services - Engineer)
9 ) Show and label the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number
(Department of Planning Services - Engineer)
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 4
2 Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copy or
one ( 1 ) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) days
from the date of the Board of County Commissioners Resolution The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3 , approved April 30, 2012 . should the map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution . a $50 00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4 The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review as appropriate Acceptable CAD formats are dwg , dxf. and .dgn (Microstation) . acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) The preferred format
for Images is .tif (Group 4) (Group 6 is not acceptable) This digital file may be sent to
maps(aco.weld .co us (Department of Planning Services)
5 Prior to Construction
a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction Contact the Planning Department for application information . (Department
of Planning Services - Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property. until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Bruce Johnson
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.
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 5
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 July 7, 2015.
Dated the 7th of July, 2015.
Digitally signed by Kristine Ranslem
standuku Date: 2015.07.10 07:33:02 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bucklen Equipment Company c/o Randy Bucklen
USR14-0073
1 . A Site Specific Development Plan and Use by Special Review Permit. USR14-0073 . 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 (recycling of aggregate including concrete, asphalt and fill dirt) 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 number of full-time employees associated with the processing operations is two (2) . as stated by the
applicant. (Department of Planning Services)
4. The hours of operation are 7 00 a. m — 5: 00 p. m Monday — Friday. as stated by the applicant.
(Department of Planning Services)
5. A Flood Hazard Development Permit (FHDP14-0055) has been approved for this use A Flood Hazard
Development Permit is required for all construction or development occurring in the floodplain or floodway
as delineated on Federal Emergency Management Agency (FEMA) DFIRM Community Panel Map /4
080123C- 1528E (no effective date) (Cache la Poudre Floodplain) Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements
as described in 44 CFR parts 59. 60, and 65 The FEMA definition of development is any man-made
change to improved or unimproved real estate. including by not limited to buildings or other structures.
mining , dredging , filling. grading . paving , excavation , drilling operations. or storage of equipment and
materials. (Department of Planning Services - Floodplain)
6. A long term maintenance and improvements agreement approved-by the Board of County Commissioners
(document number 930714 , recorded 11 /10/93) will apply to this site. (Department of Planning Services -
Engineer)
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. This site is located in a State Designated . Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops further
(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 . as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . ( Department of Public Health and Environment)
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 . (Department of Public Health and Environment)
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 7
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 facility shall operate in
accordance with the accepted "waste handling plan'. the accepted soil screening plan", and with Chapter
14. Article 1 of the Weld County Code, at all times (Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility should
operate in accordance with the accepted "dust abatement plan". Fugitive dust should 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)
15. 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)
16. Adequate drinking. handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times If employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
18. The facility shall comply with all provisions of the Colorado Department of Labor and Employment Division
of Oil and Public Safety Underground and Above Ground Storage Tank Regulations. as applicable.
(Department of Public Health and Environment)
19 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)
20 . 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)
21 . 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)
22 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
23 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
24. 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
RESOLUTION USR14-0073
BUCKLEN EQUIPMENT CO
PAGE 8
25. 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.
26. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market value
of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S. , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
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.
Mt i vTeS
1 ) 1 l \ S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. July 7 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 40 pm
Roll Call.
Present. Benjamin Hansford . Bruce Johnson . Bruce Sparrow. Jason Maxey . Jordan Jemiola . Joyce
Smock. Michael Wades. Nick Berryman , Terry Cross
Also Present Chris Gathman , Diana Aungst. and Tom Parko. Department of Planning Services: Wayne
Howard and Jennifer Petrik. Department of Planning — Engineering Division . Lauren Light and Heather
Barbare, Department of Health , Brad Yatabe, County Attorney. and Kris Ranslem, Secretary
Motion . Approve the June 16. 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Bruce Johnson Motion passed unanimously
CASE NUMBER USR14-0073
APPLICANT BUCKLEN EQUIPMENT CO
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 ( RECYCLING OF AGGREGATE INCLUDING
CONCRETE . ASPHALT AND FILL DIRT) 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 1 SUBX14-0016 BEING PART NW4 SECTION 31 , T6N R65W OF THE
6TH P M . WELD COUNTY COLORADO
LOCATION APPROXIMATELY 1300 FEET WEST OF 25TH AVENUE AND
APPROXIMATELY 500 FEET NORTH OF NW C STREET
Diana Aungst, Planning Services, presented Case USR14-0073. stated that this case was continued from
the May 19. 2015 Planning Commission hearing Ms Aungst read the recommendation and comments
into the record
Ms. Aungst recommended amending Condition of Approval 1 A by removing the word waste ' in the
second sentence Additionally. Ms. Aungst suggested deleting Development Standard 6 and adding a
new Condition of Approval 1 B for an Improvements and Road Maintenance Agreement
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. Ms. Petrik recommended adding a new Condition of Approval 1 B. as Ms. Aungst
stated . for an Improvements Agreement. Additionally . Ms. Petrik suggested deleting Development
Standard 6 which references the 1993 Improvements Agreement Ms Petrik recommended amending
Condition of Approval 1 B. 8 to read "Show and label the approved accesses. turning radii and parking
and circulation on the map
Heather Barbare. Environmental Health , reviewed the public water and sanitary sewer requirements. on-
site dust control , and the Waste Handling Plan . Ms Barbare noted that with regard to amending
Condition of Approval 1 .A. she was informed by the applicant that he had conversations with the
Environmental Health Director regarding the change: however she was not privy to those discussions.
EXHIBIT
- _ - r.
Tim Naylor, AGPROfessionals, 3050 67`h Avenue, stated that he is representing Bucklen Equipment
Company. Mr. Naylor said that the area that the operations will take place as well as the stockpile is not
within a fenced area. He added that it is within a surveyed staked area. Mr. Naylor stated that in
conversations with Trevor Jiricek, Environmental Health Director, they made a request to change
Condition of Approval 1 .A. He added that they asked for "waste" to be removed in the second sentence.
Commissioner Johnson said that waste can be interpreted differently and asked for clarification. Mr.
Naylor said that the facility did receive soil construction material, soils concrete, aggregate and it was
processed on site. He added that there was some litter in that material. It has not been determined if that
is a waste material or just material.
The Chair asked Ms. Aungst if she has talked with Mr. Jiricek about this item. Ms. Aungst said that she
did not talk to Mr. Jiricek about this specific word; however she did talk with him about the language in the
application currently. She added that she did not receive confirmation directly from Mr. Jiricek concerning
the removal of this word. However, in conversations with Mr. Naylor, he indicated that Mr. Jiricek was in
agreement to this change. Mr. Naylor added that the change came at 10:30 am this morning and has
been last minute. The Chair asked Ms. Barbare her opinion on removing this item. Ms. Barbare said that
they probably would not have any comment related to the removal of the word "waste". She added that
usually you are determining that waste is used beneficially in a manner in getting approved but it is simply
a semantics thing.
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: Amend Condition of Approval 1 .A by removing the word "waste" in the second sentence, Moved
by Benjamin Hansford, Seconded by Jordan Jemiola. Motion carried unanimously.
Motion: Delete Development Standard 6, Moved by Jordan Jemiola, Seconded by Bruce Johnson.
Motion carried unanimously.
Motion : Amend Condition of Approval 1 . 6.8 to read "Show and label the approved accesses, turning
radii and parking and circulation on the map", Moved by Jordan Jemiola, Seconded by Benjamin
Hansford. Motion carried unanimously.
Ms. Petrik recommended adding a new Condition of Approval 1 .B to read "An Improvements and Road
Maintenance Agreement is required for offsite improvements at this location. Road maintenance including
dust control, damage repair, specified haul routes and future traffic triggers for improvements will be
included. "
Mr. Naylor said that they are currently operating with an existing improvements agreement for the facility.
He asked why that improvements agreement needs to be amended and asked for clarification. Ms. Petrik
said that according to her records it appears that there is a draft improvements agreement that was sent
out to Mr. Naylor in May 2015. It appears that this includes the site for SPR14-0020 which is adjacent to
this parcel. The Chair said that he is looking at this as a separate USR and this is standard language for
a new case. Mr. Naylor said that they are accessing the site the same and the haul routes are the same.
Motion: Add Condition of Approval 1 . 6 to read "An Improvements and Road Maintenance Agreement is
required for offsite improvements at this location. Road maintenance including dust control, damage
repair, specified haul routes and future traffic triggers for improvements will be included", Moved by
Bruce Johnson, 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.
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.
2
Motion: Forward Case USR14-0073 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 Jordan Jemiola, Seconded by Bruce Johnson.
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.
Meeting adjourned at 4:08 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2015.07.09 16: 11 : 13 -06'00'
Kristine Ranslem
Secretary
•
?a, MIr'JtS
61 ► 4S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 19. 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, Nick Berryman . Terry Cross
Absent Michael Wailes.
Also Present: Diana Aungst and Michelle Martin . Department of Planning Services. Wayne Howard . and
Jennifer Petrik. Department of Planning — Engineering Division: Lauren Light Department of Health : Brad
Yatabe. County Attorney. and Kris Ranslem. Secretary
Motion . Approve the May 5. 2015 Weld County Planning Commission minu
tes, Moved by Jordan
Jemiola. Seconded by Bruce Sparrow. Motion passed unanimously
CASE NUMBER USR14-0073
APPLICANT BUCKLEN EQUIPMENT CO
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 ( RECYCLING OF
AGGREGATE INCLUDING CONCRETE . ASPHALT AND FILL DIRT)
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 1 SUBX14-0016 BEING PART NW4 SECTION 31 . T6N R65W OF
THE 6TH P M WELD COUNTY COLORADO
LOCATION APPROXIMATELY 1300 FEET WEST OF 25TH AVENUE AND
APPROXIMATELY 500 FEET NORTH OF NW C STREET
Diana Aungst, Planning Services, stated that the applicant has requested that this case be continued to
the July 7. 2015 Planning Commission . She added that the applicant wishes to work out the conditions of
approval with the Environmental Health Department prior to hearing
Deanne Frederickson , AGPROfessionals, 3050 E 671h Street, stated that they received a memorandum
from the Environmental Health Department on December 22" stating their analysis of the project_ On
May 11 'h they received a redline of that same analysis and added that it isn 't enough time to work on
these issues prior to today's hearing_ Therefore they are requesting a continuance to work on the new
conditions as they have been redrafted
Commissioner Maxey asked if these are changes we have seen in the last month . Ms. Aungst said that
these are unique as it relates to having property in the floodplain . Commissioner Jemiola asked if these
are related to some of the new floodplain regulations Ms. Aungst said that the State Department of
Environmental Health requested some documentation on what is being done on the property and the
applicant just needs to coordinate their efforts with the Weld County Department of Environmental Health
and get everyone on the same page before moving forward .
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application No one wished to speak.
Motion : Continue Case USR14-0073 to the July 7. 2015 Planning Commission hearing . Moved by
Jordan Jemiola . Seconded by Benjamin Hansford
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes : Benjamin Hansford , Bruce Johnson, Bruce Sparrow Jason Maxey, Jordan Jemiola. Joyce Smock,
Nick Berryman , Terry Cross
Meeting adjourned at 3 21 pm
Respectfully submitted ,
Digitally signed by Kristine Ranslem
42)\-1.466,- `{ Date: 2015.05.22 08:02:09 -06'00'
Kristine Ranslem
Secretary
2
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