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Home My WebLink About20152142.tiff BEFORE THE WELD COUNTY. COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Michael Wades. a es 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 USR15-0004 APPLICANT TERI SCHWARTZKOPF PLANNER DIANA AUNGST RED T A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW EXHIBIT PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (40X80 SF SHOP AND PARKING FOR-ABOUT20-S€M4-TRUOKS 15 POWER UNITS AND 18 TRAILERS) 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-2400. BEING PART S2SE4 SECTION 17 T4N , R64W OF THE 6TH P M WELD COUNTY COLORADO LOCATION NORTH OF AND ADJACENT TO CR 44 AND APPROXIMATELY 0 5 MILES EAST OF CR 51 be recommended unfavorably 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 not shown compliance with Section 23-2-220 of the Weld County Code as follows A 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. Accessory Use. or a Use by Special Review Permit in the Commercial or Industrial Zone Districts (40x80 square foot shop and parking for about--2© +-tru-k-s 15 power units and 18 trailers) . provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural ) Zone District. B . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. C . 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 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 plat: A An Improvements Agreement and Road Maintenance Agreement is required for offsite improvements at this site. Road maintenance including dust control . damage repair. specified haul routes and future triggers for improvements will be included . (Department of Planning Services - Engineer) • IS The applicant snail submit a revised Waste Handling-P-kan, for approval , to the Environmental Health-Services Division-o€-the-Weld County Department of Public Heap &-Environment. The plan shall include the name, telephone number and adbress-of the- waste--handler for employee Resolution USR 15-0004 Ten Schwartzkopf Page 2 • trash and indicate if there-will be fuel storage on site. (Department of Public Health and Environment) C. applicant shall submit a revised Dust Abatement Plan, with updated contact information, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. (Department of Public Health and €nv-ironment) D. The map shall be amended to delineate the following 1 ) All sheets of the map shall be labeled USR15-0004 ( 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 ) 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) Landscaping/screening for the outdoor storage of the trucks. (Department of Planning Services) 6) The map shall delineate the lighting ( Department of Planning Services) 7) Parking that adheres to Appendices 23-A & 23-B of the Weld County Code. ( Department of • Planning Services) 8) County Road 44 is a gravel road and is designated on the Weld County Road Classification Plan as a collector road . which requires 80 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. 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) 9) Show the approved access(es) on the plat and label with the approved access permit number (AP14-0508) ( Department of Planning Services - Engineer) 10 ) Show and label standard tracking control onto publically maintained roadways on the map. (Department of Planning Services - Engineer) 11 ) 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) 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 PI nnin p y g of Planning Services) • RESOLUTION USR15-0004 TERI SCHWARTZKOPF PAGE 3 • 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 f th is p y a copy o th s 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@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) b. If more than 1 acre is-to-be-disturbed for construction of non pipeline items such as structures, parking •ots. aycown yards, etc, a We c County gracing permit wi be recoifed-prior to the start of construction. (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 Joyce Smock • 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 May 5 2015 Dated the 5th of May, 2015_ Digitally signed by Kristine Ranslem -1 •_.1.,;:t7r randLin, Date: 2015.05.08 09:07: 18 06'00' • Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Teresa Schwartzkopf USR15-0004 1 A Site Specific Development Plan and Use by Special Review Permit. USR15-0004, for any use permitted as a Use by Right. Accessory Use. or a Use by Special Review Permit in the Commercial or Industrial Zone Districts (40x80 square-foot shop and parking for about 20- semi-trucks15 power units and 18 trailers) , provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone. 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 on cite employees shall be commensurate with the number of persons which the septic system may accommodate in accorcance witi tie requirements of tie We d County Coce, pertaining to On site WastewaterTrcatment System (O.W.T.S.) Regulations. (Department of Planning Services) 3 The number of on-site trucks shall be limited to 15 power units and 18 trailers (Department of Planning Services) 4 The hours of operation are 6 00 a . m . — 9 . 00 p m Monday — Friday. as- stated tithe applicant. ( Department of Planning Services) 5 . The parking on the site shall be maintained ( 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 The landscaping/screening on the site shall be maintained (Department of Planning Services) 8 . 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) 9 The historical flow patterns and runoff amounts will be maintained on the site (Department of Planning Services - Engineer) 10 Weld County is not responsible for the maintenance of onsite drainage related features ( Department of Planning Services - Engineer) 11 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized . (Department of Planning Services - Engineer) 12 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) 13. 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) 14 . 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 me appreveo- vvaste Handling kiar -atait--times Chapter 14 Article I of the Weld County Code ( Department of Public Health and Environment) RESOLUTION USR15-0004 TERI SCHWARTZKOPF PAGE 5 i15 . 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) 16. 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 shall be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commissions Air Quality Regulations. (Department of Public Health and Environment) 17 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) 18 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) 19. 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) 20 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) 21 . 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) 22 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) 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. 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 . 26 . The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. S RESOLUTION USR15-0004 TERI SCHWARTZKOPF PAGE 6 • 27 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. 28 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. 29 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 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 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 USR15-0004 TERI SCHWARTZKOPF PAGE 7 • 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. I • 0 �C m u-TES 61 & tiG SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday. May 5, 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 : 35 pm. Roll Call. Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent/Excused: Bruce Johnson and Benjamin Hansford. Also Present: Kim Ogle, Chris Gathman, Diana Aungst and Tom Parko, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Frank Piacentino, Building Department; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the April 21 , 2015 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER. USR15-0004 APPLICANT TERI SCHWARTZKOPF PLANNER DIANA AUNGST REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (40X80 SF SHOP AND PARKING FOR ABOUT 20 SEMI TRUCKS) 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-2400, BEING PART S2SE4 SECTION 17. T4N. R64W OF THE 6TH P M. . WELD COUNTY COLORADO. LOCATION NORTH OF AND ADJACENT TO CR 44 AND APPROXIMATELY 0.5 MILES EAST OF CR 51 . Diana Aungst, Planning Services, stated that this case was continued from the April 7, 2015 meeting. The applicant was requested to work with the neighbors and provide details regarding the business. The applicant submitted a letter on April 30. 2015 answering staffs questions and provided a map identifying the parking area. The Chair asked if there are any changes or additional information from Engineering or Environmental Health. Lauren Light, Environmental Health, said that they will recommend changes to the Development Standards and Conditions of Approval based on direction from the Board of County Commissioners. Wayne Howard, Engineering, stated that they have no changes. Mr. Aungst added that she has no additional changes. Ms. Light recommended amending Development Standard 16 to read "Fugitive dust shall be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations. " Additionally, Ms. Light recommended amending Development Standard 14 to read "Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14 Article I of the Weld County Code". Ms. Light read into record the definition of Chapter 14 Article I of the Weld County Code. EXHIBIT i t5-SL) Ms. Light also recommended deleting Conditions of Approval 1 . B and 1 .C because those refer to dust and waste • Teri Schwartzkopf, 25569 CR 44, Kersey, Colorado. and Chris Carpenter, 2504 Heather Lane, Evans, Colorado, and Juan Ramirez, 3775 W 25`h Street. Greeley, Colorado. Ms. Schwartzkopf said that they have downsized the limit of trucks to 15 trucks. In talking with one neighbor, Ms. Schwartzkopf has relocated the parking area to the west as requested. She added that they have implemented the dust control. Screening was advised and they have a company working on fencing for the east and north sides of the property. Ms. Schwartzkopf said that they have removed parts of the campers or have moved them out to leave no speculation that they are lived in. Commissioner Sparrow recalled the concern of the storage of tires on site. Ms. Schwartzkopf said that they have removed all the tires. Commissioner Smock asked if the 15 trucks will include the trucks that the landowner owns. Mr. Ramirez said the total number of trucks will be 15. Commissioner Maxey asked the applicant if she tried contacting the other neighbors. Ms. Schwartzkopf said that she tried to contact them but didn't have phone numbers for them or they weren't home. Commissioner Berryman asked if there are any changes regarding noise mitigation. Ms. Schwartzkopf said that with less activity and less traffic there is less noise. Commissioner Maxey noted that in the applicant's follow-up letter she indicated that Saturday's hours of operation will only be maintenance in the shop behind closed doors and asked if that was correct. Ms. Schwartzkopf replied yes. Commissioner Smock clarified if at any time there will be more than 15 trucks. Mr. Ramirez said that the total is 15 trucks. Ms. Smock asked if the office has been removed. Ms. Light stated that the applicants • indicated that it has been removed. Commissioner Smock said that previous concern was the control over the property and asked Ms. Schwartzkopf if she will have control over the property. Ms. Schwartzkopf replied yes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Tammy Long, 25660 CR 44, Kersey, stated that they own the 80 acres directly south of the subject property. She said that the campers have been moved, there are less trucks and there has been a little less activity. However, she expressed concern with 15 trucks as it is a commercial operation. Ms. Long stated that the letter they submitted in opposition to this case included their cell phone numbers and they have not been contacted or visited by Ms. Schwartzkopf. She finds it hard to believe that the hours of operation will be restricted and objects to the whole operation. Commissioner Sparrow said he is disappointed that the applicant didn't talk with Ms. Long; however it appears that she has tried by reducing the numbers. Mr. Sparrow asked if Ms. Long is comfortable with the changes. Ms. Long replied no and added that with 15 trucks it is a commercial operation. Mary Albee-Hedstrom, 25775 CR 44, Kersey, Colorado stated that she has the locked gate: however Ms. Schwartzkopf said she knows them and could have sent a letter. Ms. Albee said that she counted 32 trucks at one time and doesn't believe that they are honest with Ms. Schwartzkopf with how many vehicles are coming through. She added that there is no one on site to govern the hours of operation when trucks are there after hours. She said that by closing those doors in the summer it will be too hot to work. She asked who is here to support this since three (3) of the neighbors who surround them are opposed to this. Commissioner Sparrow asked if the changes the applicant has made has made any difference. Ms. Albee-Hedstrom replied no. i 2 Renee Perkins, 21131 CR 53, Kersey stated that she spoke by phone with Ms. Schwartzkopf. She appreciates the changes that she made; however she is still opposed to this request. She said that this • morning there were 17 trucks and the past week there has been between 17 and 22 trucks and doesn't believe that they will stick to the 15 trucks. Ms. Perkins requested that the parking be relocated to the west of the applicant's residence. Commissioner Jemiola asked if the proposed changes have made it more amenable. Ms. Perkins said it makes it easier for her to go outside her back door but she is not amenable to it. Ms. Schwartzkopf said that she has verified every morning and every night for the last seven (7) days and there have been 13 trucks on the property. She said that she has been contacted by two realtors in regard to selling her property and she asked them if her business would devalue her neighbors' property and the realtors replied no. Commissioner Berryman asked if we are officially counting one truck and one trailer as one ( 1 ) unit. Ms. Aungst believed that one truck and one trailer is one unit but deferred to Mr. Howard with Engineering. Mr. Howard said that was correct. In response to Commissioner Maxey's questions, Mr. Howard said that if there was a trailer without a truck it would still be considered one unit for storage. He added that the application stated it was a storage facility; however it sounds that there is more truck traffic than originally indicated and asked for a detailed traffic count. Ms. Schwartzkopf said that she doesn't have a response to the traffic numbers at this time. Commissioner Maxey asked if there are other trucks that come onto the property. Ms. Schwartzkopf said that there are only 13 units on site. Mr. Howard said that it answers the volume of storage but it doesn't answer the volume of traffic per day. Ms. Schwartzkopft said that these trucks leave in the morning and come back at the end of the day. Commissioner Jemiola asked how many trailers will be on site. Ms. Schawartzkopf said that there are 18 trailers. Mr. Howard said that with 15 trucks per day requires a tracking control device of 300 feet of crushed asphalt or gravel. Because the site might not be 300 feet it would require that all drive areas would require crushed asphalt or gravel. • Ms. Aungst said that we can add a development standard to have a maximum limit on semis and trailers. She recommended adding Development Standard 3 to read "The number of trucks shall be limited to 15 power units and 18 trailers." Ms. Aungst suggested. amending the request language to the same as well. Brad Yatabe, County Attorney, stated that the planner can make those changes to the request prior to the Board of County Commissioner hearing. The Chair referred to the recommended changes by Environmental Health and asked the Planning Commission for their thoughts. Motion: Delete Conditions of Approval 1 . 6 and 1 .C. Moved by Bruce Sparrow, Seconded by Michael Wailes. Motion carried unanimously. Motion: Amend Development Standard 16 to read "Fugitive dust shall be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations", Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously. Motion: Amend Development Standard 14 to read "Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14 Article I of the Weld County Code", Moved by Jordan Jemiola. Seconded by Nick Berryman. Motion carried unanimously. The Chair asked if the Planning Commission wishes to make any changes to Development Standard 4 regarding hours of operation as it is written in the staff report. No one wished to speak. Motion: Add Development Standard 3 to read "The number of on-site trucks shall be limited to 15 power • units and 18 trailers", Moved by Jordan Jemiola, Seconded by Nick Berryman. Motion carried unanimously. 3 • Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Sparrow, Jason Maxey. Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman, Terry • Cross. Commissioner Maxey noted that the reason he is in approval of this development standard is because the number of trucks is less than the original request. Ms. Aungst asked if we need to amend Development Standard 1 in regard to the request language. Mr. Yatabe said that the request language appears in a number of places within the staff report and suggested to change the request language in all places within the staff report. Motion: Amend the Staff Report to reflect the new request language in accordance with Development Standard 3", Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously. 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 Berryman asked the Planning Commission for discussion of their thoughts regarding compatibility. Commissioner Sparrow said that there has been some progress: however he is disappointed that no discussion has taken place with the neighbors. Commissioner Maxey noted that the minimum notice requirement has been met however. Commissioner Jemiola said that this property is larger and consistent with other trucking operations. He added that the applicant has made some efforts in mitigating the concerns of the neighbors. Motion : Forward Case USR15-0004 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. Motion died due to lack of second motion. Commissioner Cross said that when he thinks of a trucking operation in the agricultural zone district he • thinks of how the property was used previously with the 2 or 3 tractors pulling 3 or 4 cattle pots. However when he looks at the pictures and there is 15 or 20 tanker trailers there he sees how it affects the compatibility of the neighbors. Commissioner Jemiola said that he doesn't believe it is a high intense use of the property. Commission Wailes agreed with Mr. Cross and added that there are a lot of trucks in the photograph. He is concerned as it appears that there is some subletting going on and despite as much control the applicant may have it will always be questionable as there are multiple parties involved. Commissioner Smock expressed concern on the uncertainty of this application . Although she believes the applicant has done a great deal to mitigate some of the issues. she feels that there is a lot of uncertainty that remains. She added that if this were an agricultural operation (hauling cattle. etc.) that might be a little different and doesn't think it is compatible in this area. Commissioner Maxey said that one of the beautiful things about Weld County is that you can have a piece of agricultural zoned property and can put a confined animal feeding operation or an oil injection facility or a trucking operation on it. He said it does come down to compatibility and added that he has a hard time believing that if this were 20 cattle trucks that it would be acceptable with the neighborhood even though it is an agricultural use. Mr. Maxey stated that this is a tough case and added that they look at the parameters of the code. He added that the applicant has made a decent case that it is within those parameters. Motion: Forward Case USR15-0004 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 Michael Wailes, Seconded by Joyce Smock. Vote: Motion passed (summary: Yes = 5, No = 2. Abstain = 0). Yes: Bruce Sparrow, Joyce Smock, Michael Wailes, Nick Berryman. Terry Cross. • No: Jason Maxey, Jordan Jemiola. 4 Commissioner Wailes cited Section 23-2-220.A and Section 23-2-220.A.2 for the basis of his motion. • Commissioner Wailes stated that he believes the intensity and density of what is happening here reaches the upper limit of what was intended for a USR in this particular case in the agricultural zone district. Additionally, Mr. Wailes cited Section 23-2-220.A.7. Commissioner Smock cited Section 23-2-220.A. 3 regarding compatibility. Commissioner Sparrow said it is a tough case and added that these problems can be solved and worked out among the parties. He believes in private property rights; however in doing so do you have a right to take away other people's ability to benefit from their property and that is a fine line. Commissioner Cross agreed that it is a tough case and encouraged the applicant to improve her position with her neighbors prior to the County Commissioner hearing. Commissioner Berryman stated that there is no doubt that the applicant can get this approved under this process and they have modified their proposal than what it was before. However, he believes that in looking at compatibility with the surrounding uses this operation is a little bit too big in size. In looking forward, he encouraged the applicants to look at the operation size. Commissioner Wailes echoed Mr. Sparrow's comments and only wants success for the applicants and the surrounding neighbors. He encouraged the applicants to reach out to the neighbors and talk with them and find out what you can do to make this work. Commissioner Smock said that the applicant has made a good start with mitigating the concerns: however there are still some issues that are unclear. She added that she hopes the applicant will talk with the neighbors and get some of these concerns worked out. Commissioner Jemiola stated that he believes the applicant has made strides to mitigate some of the concerns of the surrounding property owners and that this operation is compatible with the surrounding • area. Commissioner Maxey said that there are some compatibility issues but believes that the applicant has attempted to mitigate those concerns regarding dust control, waste disposal and screening. He has concerns that if there were 5 or 10 trucks that it would still be an issue. The issue isn't what the trucking operation is but it is an issue of traffic. He believes that these concerns can be mitigated and it can be compatible with the surrounding uses. Meeting adjourned at 7:29 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 4-5\i66/1 Rat Date: 2015.05. 12 07:33:42 -06'00' Kristine Ranslem Secretary • 5 esPe. M►t OT&S katttt5 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, April 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 :32 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Also Present: Kim Ogle, Chris Gathman, 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 March 17, 2015 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER USR15-0004 APPLICANT TERI SCHWARTZKOPF PLANNER. DIANA AUNGST REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (40X80 SF SHOP AND PARKING FOR ABOUT 20 SEMI TRUCKS) 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-2400: BEING PART S2SE4 SECTION 17, T4N, R64W OF THE 6TH P M . WELD COUNTY, COLORADO LOCATION . NORTH OF AND ADJACENT TO CR 44 AND APPROXIMATELY 0.5 MILES EAST OF CR 51 Diana Aungst, Planning Services, presented Case USR15-0004, reading the recommendation and comments into the record. Ms. Aungst noted that three (3) letters and one (1 ) phone call was received with concerns regarding dust, traffic, exhaust fumes, people living in RV's and maintenance of the trucks on site. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commission Maxey noted that this site is along the route he takes to work. Commissioner Sparrow asked if there is anyone living in the RV's as indicated in the letters submitted. Ms. Aungst said that they have received allegations that there are people living on site; however she has not witnessed anyone living in them. She added that this was not included in the request for this case. Commissioner Sparrow asked what is allowed in the County Code for living in RV's. Ms. Aungst said that the County Code allows for camping in an RV for seven (7) nights without being required to obtain a land use permit. She added that a land use permit is required for an RV campground if it goes past those seven (7) nights. Commissioner Maxey noted the RV's and campers in the picture and asked if Ms. Aungst witnessed those. Ms. Aungst stated that there are some RV's parked on site but did not witness anyone living in them. Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. • 1 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site Elk dust control, and the Waste Handling Plan. Ms. Light suggested reviewing Development Standard 3 • which bases the number of employees off of the septic system since the applicants will be utilizing toi lets. to ets. Teri Schwartzkopf, 25569 CR 44, and Chris Carpenter, 2504 Heather Lane, Evans Colorado. Mr. Carpenter stated that he has assisted his mother in preparing the paperwork for this request. Ms. Schwartzkopf said that she is requesting parking and light mechanics. She has not and does not plan to have living quarters on site. There are four (4) campers on site. She added that one (1 ) camper is owned by her son and the other two (2) campers are used for storage. Ms. Schwartzkopf further added that one ( 1 ) camper is adjacent to the shop and is being used by the manager and drivers to wash their hands, use the restroom and grab coffee. She said that there is no septic system for the shop and there is no means to wash vehicles on site. Mr. Carpenter added that there is a water hydrant at the shop but it is locked so they are not able to use it for washing vehicles. Commissioner Maxey referred to Ms. Light's previous comments regarding the source of water and the stipulations for a commercial well and asked how the drivers are using the restroom and making coffee if the hydrant is locked Ms. Schwartzkopf said that there has been a portable toilet on site for many years; however it is not in use. She added that the camper does have working restroom facilities. She added that the water is hauled in. Ms. Light asked where the water is being hauled in from. She added that they want to ensure that the water being hauled in is from a potable water source. Juan Ramirez, 2037 West 25`h Street, Greeley, stated that they haul water from his house in Greeley. Commissioner Hansford referred to the camper being used for handwashing and restrooms and clarified if it is being used as an office or is someone living in it. Mr. Ramirez said that no one is living in the camper. Commissioner Wailes asked if the portable toilet is being used. Ms. Schwartzkopf said that the portable • toilet has been on site and was not used for many years until recently when she rented the shop out. Commissioner Sparrow asked where the tank from the camper is dumped. Mr. Ramirez stated that they use the portable toilet for restroom use and use the sink in the camper to wash their hands. Mr. Sparrow asked if the water is released to the ground or if it is contained. Mr. Ramirez said that the water runs to the ground. Commissioner Sparrow clarified if Ms. Schwartzkopf leases the site to several individuals or to one company. Ms. Schwartzkopf replied that she leases the site to Mr. Ramirez and he subleases to other individuals. Commissioner Cross asked if these operators have their own trailer or do they haul Mr. Ramirez's trailers. Mr. Ramirez said that they have their own trailer. Mr. Cross asked if maintenance is performed on these trucks for the subleases in the shop. Mr. Ramirez replied that he only performs maintenance on his seven (7) trucks. Commissioner Hansford asked staff if running the water from the camper onto the ground is allowed. Ms. Light said that it is not acceptable. Commissioner Maxey clarified that the camper would need to be taken off site to be dumped at a site that accepts that type of disposal. Ms. Light stated that the use of this motor home was not in the application and therefore it was not reviewed. Ms. Aungst stated that there was no indication in the application that an RV would be used as an office. She added that according to the Weld County Code RV's are not allowed to be used as offices in this type of situation. Commission Maxey asked Ms. Schwartzkopf what her thoughts were of the camper after hearing they are not able to use it. Ms. Schwartzkopf said that they will discontinue that use immediately. Mr. Maxey asked what they are proposing for handwashing. He added that the portable toilets are acceptable as allowed by Environmental Health Policy. Ms. Schwartzkopf said that they will give that some thought. Ms. Light said that they can get portable toilets with handwashing stations and that would be acceptable. • Ms. Schwartzkopf noted that they do have the hand sanitizers in the portable toilet. 2 Commissioner Maxey asked if the applicants spoke to any of the surrounding property owners. Ms. • Schwartzkopf said that she talked with the neighbors to the north; however she did not talk to the Longs or the Fogies who submitted letters Commissioner Wailes asked how long this business has been in operation. Ms. Schwartzkopf said that when they purchased this property in 2004, her husband had a trucking business. She added that her husband passed away 5 % years ago and there has been no activity since then until October 2014 with this current trucking business. Ms. Aungst referred to Page 5 and noted some typographical errors. Additionally, Condition of Approval 5.B may be removed as requested by staff as it does not apply to this case. Chairman Maxey also added that there was a request to look at Development Standard 3 as referred to by Ms. Light. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Tammy Long, 25660 CR 44, said that she owns property directly across County Road 44 and they operate an 85 head cow/calf operation. Ms. Long noted that Mr. Schwartzkopf had five (5) trucks and he hauled livestock so it was an agricultural based type of business and they didn't have any issues with this operation. Ms. Long expressed concern that they want to run 15 to 20 commercial trucks. She provided pictures she took of the trucks parked on site, maintenance of the trucks and the campers on site. She added that they would like to keep this community as an agricultural community. Ms. Long is concerned that Ms. Schwartzkopf doesn't really know what is going on at her property. Commissioner Berryman asked if there is anything that the applicant can do to mitigate these concerns. Ms. Long said that when it was in operation by the landowner there were 5 trucks and trailers. She said that this appears to be oil and gas related and she is concerned with the volume of trucks and trailers • based in an agricultural community. She expressed concern with the campers on site as well. Commissioner Maxey asked how she felt about the hours of operation of 6 am to 9 pm Monday through Friday. Ms. Long said that she is acceptable to Monday through Friday 6 am through 9 pm; however they often work past those hours and days. She also asked who is going to have control over this company. Commissioner Sparrow clarified with staff that if this case is approved the campers will not be allowed to stay. Ms. Aungst said that the campers can be stored on site as long as the applicant is not receiving any money for storing these campers on site. Furthermore, the campers cannot be used as an office nor can they be lived in for more than seven (7) days. Mary Albee, 25775 CR 44, stated that she is the closest residence. She expressed concerns regarding the noise and exhaust from the trucks. She stated that she has seen children between 6 and 9 years old running between the trucks that were operating. She is worried about her property value as well as with all the concerns Ms. Long expressed . Commissioner Berryman asked if there is anything that the applicant can do to mitigate these concerns. Ms. Albee said that the dust that the trucks pick up is a constant problem even though her windows are closed. Commissioner Sparrow asked if she had any problems when Mr. Schwartzkopf operated his business. Ms. Albee said that he entered from the westernmost access and parked on the west side of the shop. She added that he had five (5) trailers and hauled livestock so it was an agricultural use and she didn't have any problems with that. Renee Perkins, 21131 CR 53, Kersey, stated that she submitted a letter and echoed the same concerns as previously stated. She added that frequently the hours of operation are going on later than 9 pm at night. Ms. Perkins stated that Mr. Schwartzkopf had a small operation and it wasn't an inconvenience. She expressed concerns that the property owner is not in control of this operation and there is no control • to police what is being done on the property. She added that it is not a pleasant site to look at with the 3 commercial trucks and trailers, employee vehicles and tires on site. She feels that the agricultural • purpose is being compromised. Commissioner Maxey asked if there is anything that could be mitigated to help with this request. Ms. Perkins said that there is nothing that can be done as she is not happy with the activities on site. With the lack of oversight, she doesn't believe the hours of operation will be upheld. Ms. Aungst noted that the Board of County Commissioner hearing will be held on April 29, 2015 at 10 am. Ms. Aungst said that the application does state Monday through Sunday; however the staff report does state Monday through Friday and asked that this be discussed. The Chair asked the applicants if they are requesting Monday through Sunday. Ms. Schwartzkopf said that they are requesting Monday through Sunday. The Chair asked those who spoke against this case if they are acceptable with Monday through Sunday hours. Ms. Long said that she objects to the hours of Monday through Sunday. Ms. Albee said that she does not agree with Monday through Sunday. Ms. Perkins said that she is against the Monday through Sunday hours. The Chair asked the applicants for a response to the testimony. Ms. Schwartzkopf said that her husband had eight (8) trucks, eight (8) livestock trailers, two (2) flatbeds, and two (2) belly dumps and operated daily. She said that dust is a major issue and they have made arrangements for dust control. She works in the tax office and leaves early and comes in late so she confessed that she was not in control of the operation. When her husband operated the business they had 102 tires stacked behind the shop and it wasn't until one year ago that she was able to have them removed. She said that they will discuss the hours of operation. Commissioner Berryman referred to the volume of traffic and asked if they are willing to make any changes to the number of trucks. Ms. Schwartzkopf said that she would be willing to downsize the number of trucks on site. • Commissioner Smock referred to the lack of control on site with noise and working outside the hours of operation and asked how she will address those issues. Ms. Schwartzkopf said that the hours will be posted to the drivers and she will enforce those hours of operation and will be actively involved. Commissioner Cross said it seemed that if Mr. Ramirez was the only person who operated and didn't sublease that it would be more manageable and is something to consider. Ms. Schwartzkopf said that she has thought about that and added that she has some equipment from her husband that are parked on site. Commissioner Sparrow asked what number of trucks she would be comfortable with. Ms. Schwartzkopf said that she would be comfortable with downsizing to 12 or 15 trucks. She added that she wants to keep her husband's trucks for her sons. Commissioner Hansford said that with Mr. Ramirez's seven (7) trucks and if Ms. Schwartzkopf has 8 trucks this limit would then be at 15 trucks and he would be acceptable to that limit. Commissioner Jemiola asked if she currently owns 8 trucks. Ms. Schwartzkopf said that she has 5 or 6 trucks left. Mr. Jemiola said that he is concerned with the large commercial operation and how it is impacting the neighbors. He asked what is being proposed for screening to mitigate noise or reduce idling of the vehicles. Ms. Schwartzkopf said that they have addressed the light issue and believes if they control the hours of operation that will eliminate the noise. She added that they will be taking care of the dust. Mr. Ramirez commented that he will take care of the dust by applying freshwater to control dust until Ms. Schwartzkopf can make further arrangements for dust control. Commissioner Maxey said that he doesn't like to set up an applicant for failure. He feels that there are a lot of questions and unless the number of trucks is reduced he fears that if Ms. Schwartzkopf brings in her trucks she would be in violation. • 4 Commissioner Berryman asked if it is worth continuing this case to work out some of these issues. Commissioner Maxey said that it appears you are willing to work through hours, etc. and a continuance • might be the best option. The Chair offered the applicant options to either consider a continuance of this case or to move forward to the Board of County Commissioner hearing. Ms. Schwartzkopf said that she would like to continue this case. The Chair stated that there are some changes requested to the Staff Report. Motion: Delete Condition of Approval 5.6 as requested by staff, Moved by Benjamin Hansford, Seconded by Bruce Johnson. Motion carried unanimously. Motion: Delete Development Standard 3, Moved by Benjamin Hansford, Seconded by Bruce Sparrow. Motion carried unanimously. Ms. Schwartzkopf stated that she would like to request a continuance to the May 5, 2015 Planning Commission. Motion: Continue Case USR15-0004 to the May 5, 2015 Planning Commission hearing, 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 7:01 pm. Respectfully submitted, Digitally signed by Kristine Ranslem • 43\ibizint-- 4tilaWn, Date: 2015.04. 13 09:01 :36 -06'00' Kristine Ranslem Secretary • 5 ATTENDANCE RECORD PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip �Eri $Clnwq �'tLI �h�- �5S i wC (-pi �e.,c,i , Cc cl,..-. -, rG . ". _lr , 2-co4-I irk-cc-A-\._. L.,,- � ,_._:\ (C w c-..- 3 7 7 5 1--) S� S f (-> r- : /e r C C Tom, 'AA A o✓LC 9.) c_, (�� r- i,_. 4/ ! i �.� - /.'. . c %(it' V(/' f,, _4_ 1--7;: f<, U\; .T .' I i (.K `.( , t CM �S G ., 'i44 P6-2Q VlCi V r* / it7V ��J f i1't4O✓1 21-7,n ' 11 ihA i 57 ;-'4, ,2-, , ; (! 1:,lCc:t :_'4-;( 2, 3 S( S-+- ci 9/ /Ucc, C,( 7Y 7 (7 Hello