HomeMy WebLinkAbout20143242.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 7, 2014
SD' A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle and Tiffane Johnson, Department of Planning Services; Wayne Howard,
Engineering, Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad
Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 16, 2014 Weld County Planning Commission minutes, Moved by
Joyce Smock, Seconded by Benjamin Hansford. Motion passed unanimously.
ID'CASE NUMBER: USR14-0039
APPLICANT: EUDEN BALDERRAMA
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE
PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (HEAVY EQUIPMENT-TRUCKING AND TRUCK REPAIR SHOP
ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING),
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-4704; PART SW4 SECTION 22,T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: 1300 FEET EAST OF CR 31; NORTH OF AND ADJACENT TO CR 18.
I' Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the
November 4, 2014 Planning Commission hearing due to a medical emergency.
r' The Chair asked if there was anyone in the audience who wished to speak for or against the
continuance of this application.
Communication/3
I0-2O Imo. 2014-3242
Dale Dexter, 8326 CR 31, stated that he is an adjacent property owner. He said that it should be
heard today. He added that it is not compatible with the agricultural and residential area.
The Chair stated that the applicant and their representative are not here due to a medical emergency
and added that the request is to continue this case. Mr. Dexter stated that he is in favor of continuing
this case to the November 4th hearing.
DI" Motion: Continue Case USR14-0039 to the November 4, 2014 Planning Commission hearing,
Moved by Benjamin Hansford, Seconded by Joyce Smock.
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.
DID'CASE NUMBER: USR14-0045
APPLICANT: BARTS VENTURE LLC,CIO RANDY KNEEBONE
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY
USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE
EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE
EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL
VEHICLE, BOAT AND CAMPER TRAILER STORAGE), 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: PART SW4 SECTION 22, 1N, R67W of the 6th P.M.,Weld County,Colorado.
LOCATION: EAST OF AND ADJACENT TO CR 19,0.5 MILES SOUTH OF CR 8.
Di" Kim Ogle, Planning Services, stated that the applicants are requesting a continuance to the
November 18, 2014 Planning Commission hearing to meet the 30 day mineral notification requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against continuing
this application. No one wished to speak.
to Motion: Continue Case USR14-0045 to the November 18, 2014 Planning Commission Hearing,
Moved by Nick Berryman, 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.
CASE NUMBER: USR14-0023
APPLICANT: COULSON EXCAVATING COMPANY,CIO VARRA COMPANIES, INC.
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING
(SANDS, GRAVELS AND STONES), AND MATERIALS PROCESSING
INCLUDING CONCRETE OR ASPHALT BATCH PLANTS AND/OR
RECYCLING OPERATIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3197; PART NE4 SECTION 10, T5N, R65W of the
6th P.M., Weld County, Colorado.
LOCATION: NORTH OF AND ADJACENT TO EAST 16TH STREET, WEST OF AND ADJACENT TO
FERN AVENUE.
F" Kim Ogle, Planning Services, presented Case USR14-0023, reading the recommendation and
comments into the record.
Commissioner Jemiola noted that he knows the applicant, Brad Janes, but feels that he can make a
fair and impartial judgment on this case. In response to the Chairs inquiry, Mr. Jemiola stated that he
has no financial interest in this matter. The Planning Commission did not have any problems with
Commissioner Jemiola hearing this case today.
Mr. Ogle stated that the Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Maxey said that he didnt see the hours of operation in the staff report and asked if it
should be included. Mr. Ogle believed there is a development standard that talks about daylight hours
of operation per a Section of the Code.
Commissioner Maxey referred to Conditions of Approval 1.K and 1.L regarding exterior lighting and
signs and added that it appears identical Conditions of Approval 2.13 and 2.14. Mr. Maxey asked if
both are needed in the staff report. Mr. Ogle replied that both are required as the first part states that
the applicants needs to show us what the lighting standard is and on the map they will show where
those lighting centers are located. Mr. Maxey noted that these conditions of approval are identical in
wording and suggested that in Conditions of Approval 2.13 and 2.14 it should read "shall delineate the
lighting or sign locations". Mr. Ogle stated that Mr. Maxey is correct and will amend the language.
Commissioner Smock referred to the application material and said it stated that at certain times of the
year they may need 24 hours of operation. Mr. Ogle said that if the applicants receive a permit to
assist road projects outside of daylight hours, then the applicants are required to submit a written letter,
as well as a copy of the awarded contract, so that they can operate 24 hours.
Brad Yatabe, County Attorney, referred to Development Standard 20 which includes the hours of
operation. Commissioners Maxey and Smock said that this development standard satisfied their
question.
DID'Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
DP' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
ND' Garrett Varra, 8120 Gage Street, Frederick, Colorado, stated that their materials provide
construction materials to the County as well outside the County. They feel the demand for these
materials will stay steady with the oil and gas operations as well as any commercial and residential
developments.
Commissioner Maxey asked if the hours of operation will be similar to their other pit, which is west of
this site. Mr. Varra said that they will work daylight hours due to safety reasons, unless there is
maintenance on the vehicles that are needed. However, he referred to the 2013 flood event where
they worked during night time hours to get that material out for road construction.
Commissioner Maxey asked if any recreation opportunities will be available upon reclamation. Mr.
Varra said that there are two options currently: 1) live water groundwater pond or 2) water storage
vessel. The types of recreational opportunities available are fairly close with each other such as bird
watching, hunting and fishing and boating prospects.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Mr. Ogle suggested amending Condition of Approval 2.13 to read "The approved Lighting Plan".
Additionally, he suggested amending Condition of Approval 2.14 to read "The approved Signage Plan."
Motion: Amend Conditions of Approval 2.13 and 2.14 as stated by Staff, Moved by Nick Berryman,
Seconded by Benjamin Hansford. 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.
DA" Motion: Forward Case USR14-0023 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions 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.
CASE NUMBER: USR14-0036
APPLICANT: KB CUSTOM AG SERVICES LLC
PLANNER: Tiffane Johnson
REQUEST: A Site Specific Development Plan and Use By Special Review Permit for uses similar to the
uses listed in Section 23-340 as Uses by Special Review(equipment storage
yard related to custom farming operations) as long as the use complies with
the general intent of the A(Agricultural)Zone District
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4098; PART W2 SECTION 17,T7N, R65W of the 6th
P.M.,Weld County, Colorado.
LOCATION: NORTH OF AND ADJACENT TO CR 80; BETWEEN CR 39 AND CR 41.
r" Tiffane Johnson, Planning Services, presented Case USR14-0036, reading the recommendation
and comments into the record. Ms. Johnson noted that one letter was submitted by a surrounding
property owner expressing concerns regarding general property maintenance and the possibility of the
site becoming a junkyard. Ms. Johnson added that the applicant uses this site for personal storage as
well and it appears that a number of the vehicles appear to be noncommercial; therefore staff is
requesting that those items be enclosed within a building or visually screened from all adjacent public
rights-of-way and adjacent property owners. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Don Carroll, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
DP' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
`Ms. Johnson read the letter submitted by Roy Martin into the record and showed on a visual slide
the pictures he submitted.
Commissioner Wailes asked if the reason for the USR is due to the active zoning violation and lack of
building permit on the structures. Ms. Johnson said that the applicants were sent a zoning violation
letter regarding the custom agricultural operation and the letter provided direction on how to correct the
violation. Commissioner Maxey said that the addition of having derelict vehicles is also a piece of this
because that is a separate portion. Ms. Johnson said that based on the definition of a noncommercial
junkyard it requires that it be fully enclosed or screened on all rights-of-way and adjacent properties.
She added that this is a product of the USR during the review.
Commissioner Johnson asked Ms. Johnson what her opinion is if this nontraditional agricultural
equipment storage falls under this type of use in an agriculture area. Ms. Johnson said that based on
the agricultural zone district of the property, the applicant has uses by right and accessory uses of the
property. Among those accessory uses are non commercial junkyard derelict vehicle items that
require screening. She added that the commercial custom farming operation requires the USR permit.
D'" Deanne Frederickson, AGPROfessionals, 3050 67th Avenue, stated that KB Custom Farms is a
commercial harvesting operation. There is a home office in Ault where maintenance of the vehicles
are done as well as bookkeeping. The employees report to the site in Ault but there are employees at
this subject site from time to time.
Commissioner Johnson asked how they will handle the derelict vehicles. Ms. Frederickson said that
the derelict vehicles are used for derby cars and understands that they are unsightly. She added that
the owners are willing to screen the parts of the property that are unsightly.
Commissioner Maxey asked Ms. Johnson how the derelict vehicles are merged with the USR for
custom farming, specifically in regard to screening. Ms. Johnson said that the USR, like any
commercial outdoor storage, requires screening per the county code. She added that if you take the
USR out of the picture and you look at what can occur on that property, people can have those
noncommercial junkyard items as well with the provision that they are enclosed or screened on all
adjacent properties. Ms. Johnson clarified that there 2 different things but it just happens to be that
their particular commercial use is outdoor storage and outdoor storage requires screening.
Ms. Frederickson said that they were told they need a USR because of the custom component of this
commercial business, not because of the noncommercial junkyard. They understand that there is
noncommercial junkyard stuff used for derby car and added that they are willing to screen the things
that are derelict cars.
Di' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Roy Martin stated that he lives adjacent to the proposed site. He is concerned with the looks of the
property as it is an eyesore from his view. He added that these trucks and vehicles keep
accumulating.
Commissioner Berryman said that he noticed the notation on Mr. Martins letter regarding fencing and
asked if this would satisfy his concern. Mr. Martin said it might possibly or to get rid of these vehicles.
Commissioner Maxey asked Mr. Martin how long he lived there. Mr. Martin replied 13 years. Mr.
Maxey asked if his concerns are in regard to these derelict vehicles. Mr. Martin replied yes and added
he would like to see weed control as well.
M°' Ms. Frederickson said that they will work with Mr. Martin on the screening of the derelict vehicles.
She added that they will submit a plan for screening.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
is Motion: Forward Case USR14-0036 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
ID'CASE NUMBER: USR13-0036
APPLICANT: KERR-MCGEE GATHERING
PLANNER: KIM OGLE
REQUEST:VACATE USR13-0036
LEGAL DESCRIPTION: THE PREFERRED PIPELINE COMMENCES AT THE VOLLMER
COMPRESSOR STATION IN SECTION 14, CROSSING SECTIONS 11, 12,
T2N, R67W ENTERING SECTION 7,T2N, R66W CROSSING SECTIONS 8,
9, 10, 11, 14, 15 AND 16 CONNECTING TO THE EXISING FORT LUPTON
COMPRESSOR STATION IN SECTION 14, T2N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: GENERALLY NORTH OF CR 20, EAST OF CR 21; SOUTH OF CR 22.5 AND WEST OF
CR 35, LAID PARALLEL TO CR 22 and USR13-0035 natural gas pipeline.
Di' Kim Ogle, Planning Services, stated that the applicants are requesting to vacate USR13-0036 for a
12 inch crude oil pipeline. This pipeline was approved in September 2013 for a 12 inch high pressure
crude oil pipeline. After further review, the applicants have concluded that this pipeline will operate
below the 20% hoop stress and therefore will not require a Special Use Permit.
DI' Joe Aucoin, Anadarko, stated that they will be operating below the required 20% hoop stress for
this pipeline; therefore they are requesting to vacate this USR.
Commissioner Maxey asked if the pipeline was built for a high pressure pipeline. Mr. Aucoin stated
that he couldnt answer this at this time.
Commissioner Smock asked if they will use this pipeline in the future as a high pressure pipeline. Mr.
Aucoin said that it possibly could be in the future.
Kim Cooke, Kerr McGee, 1099 18th Street, said that the request for vacation is more of a
housekeeping item. They have a significant amount of infrastructure and this pipeline got included in a
USR; however it is not required to be a USR. She added that in order to clean up their records they
are requesting a vacation of this permit.
The Chair asked if there was anyone in the audience who wished to speak for or against the vacation
of USR13-0036. No one wished to speak.
Motion: Vacate USR13-0036, Moved by Benjamin Hansford, Seconded by Joyce Smock.
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 called a recess at 3:50 pm and reconvened the hearing at 4:02 pm
D'CASE NUMBER: USR14-0048
APPLICANT: RUSSELL GURTLER JR FAMILY TRUST,C/O KERR-MCGEE OIL&GAS ONSHORE LP
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT
AND SERVICE, INCLUDING, BUT NOT LIMITED TO A CENTRAL OIL
STABILIZATION FACILITY; THE TRANSLOADING OF A COMMODITY
FROM ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING
TRUCK AND PIPELINE WITHOUT LIMITATION FOR OIL AND GAS
INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE
RELATED TO SAME AND RELATED EQUIPMENT;TEMPORARY STAGING
AREA AND LAY DOWN YARD FOR CONSTRUCTION MATERIALS,
CONSTRUCTION OFFICE TRAILERS, AND CONSTRUCTION PARKING
AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B OF RECX14-0092; BEING PART OF THE N2SE4 SECTION 24,T3N,
R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: WEST OF AND ADJACENT TO CR 49;0.5 MILES NORTH OF CR 30.
w" Kim Ogle, Planning Services, presented Case USR14-0048, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
*Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
i" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Dr" Kim Cooke, Kerr McGee, 1099 18th Street, Denver, Colorado, stated that they are proposing a
central oil stabilization facility. This facility allows them to bring the oil from individual locations to this
facility; thereby reducing their footprints at the well locations and truck traffic in the field. There will be
employees on site both during the day and night.
Commissioner Sparrow asked if the oil will be coming in by truck or by pipeline. Ms. Cooke replied that
it will come into the facility by pipeline.
Commissioner Smock asked how much of this facility has been built. Joe Aucoin said that they have
only built the two(2) tanks for oil storage. Ms. Smock wished to go on record that they should receive
approval of the USR before construction begins. Mr. Aucoin said that they have received early release
of building permits.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
kr" Motion: Forward Case USR14-0048 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes=9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR14-0040
APPLICANT: JONATHAN SCUPIN&ANN NASH
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
KENNEL, AS DEFINED IN SECTION 23-1-90 OF THE WELD COUNTY
CODE AS A HOUSEHOLD PET, LOCATED IN THE SCUPIN-NASH PUD
WITH ESTATE ZONE DISTRICT USES
LEGAL DESCRIPTION: LOT 2 BLOCK 2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30,
T3N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: WEST OF AND ADJACENT TO ELMORE ROAD,SOUTH OF STATE HIGHWAY 66.
M' Kim Ogle, Planning Services, presented Case USR14-0040, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
ipe Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
0" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Jonathan Scupin, 13941 Elmore Road, stated that they are requesting a kennel for their reptiles.
The good thing with this kennel is that these reptiles do not bark and added that they have not received
any complaints from their neighbors.
Commissioner Johnson asked if these animals can leave the property. Mr. Scupin said that most of
the reptiles are confined in cages indoors. He said that there are turtles and tortoises in outdoor pens
and added that there is a barrier six to eight inches below the surface so that they cannot burrow out of
the pens.
Commissioner Wailes asked how many animals are on site today. Mr. Scupin said that they have
around 100 animals on site now between turtles, tortoises, snakes and reptiles.
Commissioner Maxey asked how many animals they can accommodate. Ann Nash, Executive
Director, said that they try to reduce their numbers and added that they really dont want to take over
125 animals but it depends on the type of animal and if they can accommodate it.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
IP' Motion: Forward Case USR14-0040 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Bruce Johnson, Seconded by Bruce Sparrow.
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.
WI'CASE NUMBER: USR14-0043
APPLICANT: RYAN GALLATIN&kay collins
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY
USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LANDSCAPE TURF INSTALLATION COMPANY BASE OF
OPERATIONS, TRUCKING AND TRUCK REPAIR SHOP ALONG WITH
OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING), PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B OF RE-2366; BEING PART OF NW4 SECTION 32,T7N, R65
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 76; 1500 FEET EAST OF CR 39.
DP Kim Ogle, Planning Services, presented Case USR14-0043, reading the recommendation and
comments into the record. Mr. Ogle noted that several letters of objection were submitted along with a
petition outlining concerns of idling trucks, noise, intensity of operation, hours of operation, turning
movements into and out of the site and proximity to school bus stops. The Department of Planning
Services recommends denial of this application. Should the Planning Commission approve the
proposal, staff recommends that the conditions of approval and development standards outlined in the
staff report be attached.
Commissioner Johnson asked if there is a subdivision surrounding the site. Mr. Ogle said that this is
not a subdivision; however these parcels are all legal lots created prior to 1972.
a"Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site. Mr. Howard added that there is a temporary Access Permit for this site and
added that by the explanation and photos submitted by Mr. Ogle you can see that only a left turn lane
is allowed since a right turn lane would have the truck entering the outside lane to oncoming traffic.
11.1 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan. Ms. Light recommended adding the following
sentence to Development Standard 10 "Facility shall be operated in accordance with the approved
noise abatement plan at all times."
Commissioner Maxey asked Ms. Light if she has any data on a semi truck and the noise it would
create from 5 or 15 feet away from the property line. Ms. Light said that a diesel truck going 40 mph at
50 feet is 85 decibels. She added that they can exceed the noise level for 15 minutes in a 1 hour
period. Additionally, she said that garbage collection is at 80 decibels.
Di' Corey Preston, attorney for the applicant Ryan Gallatin, 821 9th Street, Greeley, stated that the
applicant operates a turf company. The trucks will leave his property empty to pickup sod and delivery
it to various sites. He added that this property is in impeccable condition and very neat. They have
learned that the surrounding neighbors have submitted letters concerned with this operation. Mr.
Preston said that initially the applicant proposed to have six (6) trucks but after hearing the neighbors
concerns he has reduced that number to four (4) trucks. Most days they have two (2) drivers and
installation employees may enter the property to get equipment and materials. He added that Mr.
Gallatin said that they are not looking to expand at this location. He said that he does want to expand
and added that the applicant is pursuing other locations suitable for his business.
Commissioner Jemiola asked Mr. Preston how they believe they meet the criteria in the Weld County
Code. Mr. Preston said that this is the applicants primary business. He said that they understand the
concerns over noise and light and added that he is trying to mitigate these concerns. Mr. Preston said
that this is a relatively small commercial operation and feels that it fits into the agricultural zoning.
Ryan Gallatin, 19300 CR 76, Eaton, Colorado, stated that he initially operated with one truck and then
purchased another two trucks. Mr. Gallatin added that he purchased a fourth truck for his cousin but
he has since left and the truck does not get used. He said that he will only start the fourth truck to
keep it operational.
In response to Commissioner Crosss inquiry, Mr. Preston stated that there is fuel storage on site. He
added that maintenance on the trucks is performed on site as well.
Commissioner Smock asked how many months these trucks operate. Mr. Preston said that it is most
of the year and added that during the winter he hauls wood chips. Mr. Preston added that Mr. Gallatin
intends to move to another location but wants to continue operating while actively looking for that
location.
Commissioner Hansford said that although he may find another location to operate this business this
USR permit will run with this property. Mr. Hansford asked if Mr. Gallatin will vacate this USR once a
new location is found. Mr. Preston said that he will vacate this USR and doesnt know if that can be a
contingency on this USR. Mr. Ogle stated that we can add a development standard that this USR
shall not be transferable. Commissioner Johnson added that he thinks along with the non-
transferrable statement that maybe there be a sunset on the operation of this USR. Brad Yatabe,
County Attorney, said that you can put a sunset on it but emphasized that the Planning Commission
should consider the criteria in the Weld County Code regarding passing a recommendation to the
Board of County Commissioners.
Commissioner Smock asked how long the applicant intends to continue on this subject property. Mr.
Preston said that the applicants goal is to move within 6 to 12 months.
The Chair called a recess at 5:57 pm and reconvened the hearing at 6:07 pm.
DII' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Brenda Fisher and Clint Fisher, 19260 CR 76, said that they live adjacent to the applicant. Ms. Fisher
said that there were semis running at 2:00 or 3:00 am and waking the household up. She said that
they had no problems with the one (1) semi truck and the landscape business; however the problems
began when he added additional trucks and operated at all hours of the night. She added that they
have a video that they wish to present. (Note: the video did not have audible sound). Mr. and Ms.
Fisher narrated the video.
Mr. and Mrs. Fisher cited concerns that the trucks are running at all hours of the day and night, hours
of operation, traffic coming from the east where there is a small hill, lights shining in their bedroom, and
decrease in property values. Mrs. Fisher added that there are drainage issues as well and added they
have had to build up their property to address drainage from the applicants property. Additionally, the
applicant did put up trees and a fence three years ago; however after having a survey done on the
Fisher property the trees and fence are actually on their property.
Mrs. Fisher said that if this is approved they would like to see the entrance relocated so it is not so
close to their residence. Additionally, they asked that a wall be put up to help with noise and dust,
hours of operation from 7 am to 6 pm Monday through Friday only, drainage be addressed, lighting
issues addressed, nontransferable of the USR, and DOT audits.
In response to Commissioner Hansfords inquiry, Mrs. Fisher stated that they have lived there since
2008.
NW' Mrs. Fisher said that they received a hand written note from Captain McIntyre who was going to
get up to speak, but he had to leave. She submitted the letter to the Planning Commission for review.
Charlotte Bishelli, 19150 CR 76, is concerned because her family is constantly being woke up
during the night. She added that her son has autism so once he wakes up during the night they cannot
get him back to sleep. She said she doesnt feel the applicant is being truthful.
Commissioner Jemiola asked if these are the only trucks traveling that roadway. Ms. Bishelli said that
right now there are corn trucks from harvest but his trucks do travel on a routine basis on that road and
added that they use their Jake Brakes. In response to Commissioner Maxeys inquiry, Ms. Bishelli said
that they have lived there since 1998.
Joel Burkes, 19168 CR 76, stated that he has lived there since 1970. They have invested their life
into that area and added that they are not trying to run him out of business, but they just want peace
and quiet back in their neighborhood.
Commissioner Jemiola asked if there is anything that can be mitigated. Mr. Burkes said that he should
not increase trucks and would be happy if he would lose 1 or 2 trucks. He said that he has had
allergies this year he believes due to the dust from the site and added that the hours of operation
should be changed as well.
Brenda Fisher clarified that what the applicant is currently asking for is four (4) trucks where he
initially asked for six (6). She clarified that the four trucks is when they submitted complaints.
The Chair asked the remaining audience for those who agreed with what has been stated in the
previous comments to nod their heads. There were three (3) audience members who nodded yes.
Mr. Yatabe said that according to the Court Order, this case has been initiated in the County Court
and added that there is a Stipulated Agreement. If this case is denied, the Stipulated Agreement then
addresses that the applicant has 30 days to remove the trucking operation and the possibility of daily
penalties.
r" Mr. Preston said that they appreciate all the comments by the surrounding property owners. They
understand these concerns and added that Mr. Gallatin does want to be a good neighbor. The big
issues are the hours of operation. Mr. Preston said that they are proposing the hours of operation to
be from 5 am to 8 pm, 7 days per week, as Mr. Gallatin makes deliveries to various locations and has
driving time. Commissioner Jemiola suggested compromising with hours of operation from 6 am to 7
pm. Mr. Gallatin said he first picks up sod at Fort Morgan and then has to deliver it when the customer
wants delivery. Mr. Gallatin said that if it takes decreasing hours from 6 am to 5 pm for a temporary
use he will abide by that.
Commissioner Jemiola asked if it is possible to relocate entrance. Mr. Gallatin said that they have
looked at options but because of features on the property they are unable to move it. He added that by
relocating it to the east, it would then upset his adjacent neighbor on that side.
The Chair asked the applicant his thoughts of the video showing operation all hours of the day and
night. Mr. Gallatin said that he is willing to back down on the hours of operation. He added that the
headlights will be off until just leaving the property. Mr. Preston added that his goal is to minimize
these issues.
The Mr. Preston said that they are working with an engineer regarding the drainage issues to possibly
divert the water so it does not flow onto the Fisher property.
DI' Motion: Amend Development Standard 4 to reflect hours of operation from 5 am to 8 pm, 7 days
per week, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion passed (summary:Yes= 7, No=2,Abstain= 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
No: Bruce Johnson, Jason Maxey.
fr. The Planning Commission discussed noise levels for this operation. Ms. Light stated that the
neighbors can call the Non-Emergency Dispatch Number 970-356-4015 or 800-436-9276 to request
the On-Call Health Department to measure the decibel level. In addition, they have a decibel meter
that they can loan out to citizens.
Commission Johnson asked if we should address the nontransferable of the USR at this time.
Commissioner Jemiola believes that this use should be used for this property or it shouldnt because it
is agricultural zoned. Mr. Ogle said that historically when there has been opposition, there has been a
development standard that states the USR is nontransferable.
Motion: Add Development Standard 3 to read "At the time of sale of the property, USR14-0043 shall
terminate, Moved by Bruce Johnson, Seconded by Michael Wailes.
Commissioner Johnson said that he thinks semi operations and farming operations are acceptable in
the agricultural zone district. However from what he understands, this case is a commercial trucking
operation and he feels it is not compatible with the neighborhood. Therefore he is trying to
compromise with the applicant as he does not want to shut down his business.
Commissioner Jemiola considers agricultural use to include sod. Commissioner Johnson said that the
applicant is not a sod grower therefore he is not a sod farmer. Commissioner Sparrow said that he
would agree with that and added that the applicant is for hire and it is a commercial business.
Commissioner Wailes said that he agrees with Mr. Jemiola that this is an ancillary business to
agriculture. Commissioner Smock agrees with Mr. Johnson and Mr. Sparrow and added that if
somebody is taking grain or a load of cattle off their farm by semi truck that is agriculture.
Commissioner Hansford agreed with Mr. Jemiola that it is an agricultural use. Commissioner Wailes
said that earlier today they approved unanimously to forward a customer farming operation to the
Board of County Commissioners. He added that in that case the applicant is in the business of
harvesting and transporting somebody elses agricultural product.
Motion: Moved by Jordan Jemiola and Seconded by Michael Wailes to call for the vote.
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 Secretary to call for the vote regarding the motion to add Development Standard
3 reflecting the termination of the USR.
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.
el' Mr. Howard recommended adding a Condition of Approval 1.H that states "The applicant shall
submit a drainage narrative and water quality feature for review and approval."
Motion: Add Condition of Approval 1.H as stated by staff, Moved by Benjamin Hansford, Seconded
by Jordan Jemiola. Motion carried unanimously.
Ms. Light suggested adding the following sentence "The facility shall be operated in accordance with
the approved Noise Abatement Plan at all times" to Development Standard 10.
Motion: Amend Development Standard 10 as stated by staff, Moved by Benjamin Hansford,
Seconded by Bruce Johnson. 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.
M'" Motion: Forward Case USR14-0043 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval, Moved by Jordan Jemiola and said that he believes this use is
compatible with the agricultural zoning in the area, Seconded by Benjamin Hansford.
Commissioner Johnson reiterated that he believes it is a commercial trucking activity and is not
compatible with this area.
Commissioner Smock said that she believes it is a commercial operation as well and doesnt feel it is
compatible.
Commissioner Hansford said that he believes it is agricultural in that it is similar to a custom farmer
and is compatible with the area.
Commissioner Berryman said that the use would be approved under the current zoning; however he
feels that there are some incompatibility issues and the trucking component creates a negative welfare
for the surrounding residents.
Commissioner Maxey said that he believes the applicant is trying to mitigate certain issues.
Unfortunately the proximity of the driveway is extremely close to one of the neighbors and added that
even with the modified hours of operation, can the noise and dust truly be mitigated. He felt that if this
is approved are we setting up the applicant to fail because of the continued complaints of these issues.
He agreed that it is zoned agriculture; however he questions the compatibility.
Commissioner Jemiola said that he believes this is an accessory use to agriculture and views it as a
use permitted in this agricultural zoning district.
Commissioner Wailes echoed Mr. Jemiolas comments and added that he believes Mr. Gallatin has a
business to thrive and realizes that this is not the location to make it thrive. He is troubled that the
applicant works with sod farms in Morgan County and that he could easily move this business to
another county.
Commissioner Sparrow believes that this is a commercial trucking business. He added that he might
be hauling sod now but if he gets a contract to haul pipe next week after this is passed he has that
right.
Commissioner Cross views this as a commercial trucking business operating out of a farm community.
He agrees that it leans more to the commercial side.
The Chair asked the Secretary to call for the vote.
Vote: Motion failed (summary: Yes= 3, No=6,Abstain= 0).
Yes: Benjamin Hansford, Jordan Jemiola, Michael Wailes.
No: Bruce Johnson, Bruce Sparrow, Jason Maxey, Joyce Smock, Nick Berryman, Terry Cross.
Commissioner Jemiola commented that he feels this is a use permitted in the agricultural zone and if
this is the direction the County would go then we would need to re-evaluate all of the oil and gas and
trucking and all of the other operations contained in the agricultural zone district.
Commissioner Maxey understood Mr. Jemiolas comment; however there have been instances where
even oil and gas or dairy farms have been denied based on the proximity to other properties where or
not they are zoned agriculture.
Motion: Forward Case USR14-0043 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of denial, Moved by Bruce Sparrow and said that he agrees with staffs
recommendation, Seconded by Bruce Johnson.
Vote: Motion passed (summary: Yes=6, No= 3, Abstain =0).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Joyce Smock, Nick Berryman, Terry Cross.
No: Benjamin Hansford, Jordan Jemiola, Michael Wailes.
Commissioner Wailes is confused on how we could have voted one way for a very similar operation
and then be so against this operation. He doesnt believe it is a commercial operation.
Commissioner Berryman said that he is not disputing the use being approved under this zoning.
However, he cited Sections 23-2-220.A.3 and 23-2-220.A.7 and added that he is disputing the
compatibility of this site with the existing and surrounding uses.
Commissioner Jemiola said that he views this as urban encroachment on an agricultural use.
Commissioner Maxey said that it is not often that we receive a recommendation of denial by staff so
these are obviously not easy. He believes that we need to take the surrounding land use into
consideration and agrees with Mr. Berrymans comments.
The Chair asked the public if there were other items of business that they would like to discuss. No
one wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No
one wished to speak.
Meeting adjourned at 8:11 pm.
Respectfully submitted,
- L Digitally signed by Kristine Ranslem
Date 2014.10.10 09:00:11 -06'00'
Kristine Ranslem
Secretary
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