HomeMy WebLinkAbout20142314.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION
2
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS ubll -\LA- OO (O
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0010
APPLICANT: VIVIAN BEST
PLANNER: CHRIS GATHMAN
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE.
ORA USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (VEHICLE AND EQUIPMENT PARKING AND STAGING FOR A
LANDSCAPE MAINTENANCE AND INSTALLATION BUSINESS), 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 18, T6N . R66W OF THE 6TH P .M. , WELD COUNTY,
COLORADO.
LOCATION : NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND
APPROXIMATELY 1 ,500 FEET WEST OF CR 27.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region. "
Section 22-2-20. 1 . A. Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20. 1 .5. A. Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
The property is adjacent to two existing residences to the north and west. An existing
agricultural vehicle/equipment repair business (approved under USR-1428) operates on the
parcel immediately to the north . The vehicle storage area is screened by existing vegetation
and a fence along the west property line along with the existing residence and outbuilding.
The Department of Planning Services is requiring a lighting plan (if any lighting is proposed)
and hours of operation are called out as a development standard to address/mitigate impacts
to adjacent properties.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40. S of the Weld County Code 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, (storage and staging of construction equipment), 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.
PLa-aca.
RESOLUTION USR14-0010
VIVIAN BEST
PAGE 2
C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is adjacent to two existing residences to the north and
west. An existing agricultural vehicle/equipment repair business (approved under USR-1428)
operates on the parcel immediately to the north. The two existing residences along with this
property share an existing 30-foot access easement off of State Highway 392. The
application indicates the six (6) 1/4 ton and 1 ton trucks would access the site twice daily (in
the morning and in the evening). No phone calls or correspondence has been received from
surrounding property owners in regards to this case.
The vehicle storage area is screened by existing vegetation and a fence along the west
property line along with the existing residence and outbuilding. The Department of Planning
Services is requiring a lighting plan (if any lighting is proposed) and hours of operation are
called out as a development standard to address/mitigate impacts to adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral areas of the City of Greeley. the Town of
Severance and the Town of Windsor. The Town of Severance in their referral comments,
dated May 13, 2014 indicated that they have no concerns. No referral responses have been
received from the City of Greeley and the Town of Windsor.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V. of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed facility is
located on approximately 412 acres delineated as "Prime" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The parcel has an existing house and
improvements and the operations area for this business is located within this improved area
of the property.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code) , Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety. and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based , in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the plat:
RESOLUTION USR14-0010
VIVIAN BEST
PAGE 3
A. In the event washing of vehicles and equipment will occur on site the applicant shall ensure that
any vehicle and equipment washing areas shall capture all effluent and prevent discharges from
the washing of vehicles and equipment in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency. Vehicle or
equipment washing areas should be designated on the plat. (Department of Public Health and
Environment)
B. The applicant shall submit a Lighting Plan (if outside lighting is proposed) to the Department of
Planning Services, for review and approval . Any lighting poles and lamps shall comply with
Section 23-3-360. F. which states, in part, that, any lighting shall be designed, located, and
operated in such a manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto adjacent properties."
(Department of Planning Services)
C. The plat shall be amended to delineate the following:
1 . All sheets of the plat shall be labeled USR14-0010 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. Show the approved CDOT accesses on the plat and label with access permit number if
applicable. (Department of Public Works)
6. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
parcel. (Department of Public Works)
7. The existing Landscaping/Screening. (Department of Planning Services)
8 . The approved Lighting Plan (if applicable) . (Department of Planning Services)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1 ) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval . The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution , a $50. 00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review plat, as appropriate. Acceptable CAD formats are .dwg, ,dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . . . The
RESOLUTION USR14-0010
VIVIAN BEST
PAGE 4
preferred format for Images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent
to mapsco.weld.co. us. (Department of Planning Services)
5. Prior to Construction :
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required prior to the
start of construction . (Department of 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 plat 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 Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 July 15. 2014.
Dated the 151h of July, 2014.
/� Digitally signed by Kristine
;�� j� 'y Ranslem
Date: 2014.07.21 08:07:dd/i —06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Vivian Best and Ed Terrazas — Grow Green Landscape & Maintenance LLC
USR14-0010
1 . A Site Specific Development Plan and Use by Special Review Permit, USR14-0010, 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 (Vehicle and Equipment Parking and Staging for a Landscape Maintenance Business) , provided
that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The number of on site employees shall be commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of-the Weld-County Code;pertaining to
Individual Sewage Disposal Systems (I. S.D.S.)-Regulations. (Department of Plan g_Se vices)
r
4. Off-site employee and work vehicles access hours shall be Monday-Thursday Friday from 7:00 a.m . - tOP �i6
5: 30 p. m . as stated by the applicant(s) . These hours do not apply to seasonal snowplowing operations { `
associated with the business. (Department of Planning Services)
5. The number of off-site employees accessing the site shall not exceed 12 employees. (Department of - `;(
Planning Services)
6. Any signs shall adhere to the requirements of the Chapter 23, Article II and Appendices 23-C, 23-D and
23-E of the Weld County Code. (Department of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5. C. R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20- 100.5, C. R.S. (Department of Public Health and Environment)
9 . 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 the approved Waste Handling Plan , at all times. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
11 . This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District. as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. 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)
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner, in
accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface. and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
RESOLUTION USR14-0010
VIVIAN BEST
PAGE 6
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
15. Adequate-d-r-i- i and washing and toilet- aci+itics shall-,fie-provided for employees and patrons of if-19
facility, at all times. (Department of Public Health and En-v-ironment)
16. Sewage disposal for the facility shall be by septic system. Any septic system-lee-aced on the property must
pitta-all -provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems.
{Department of Public-Health and Environm )
17. 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)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct. nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
19. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II , of the Weld County Code. (Department of Planning Services-Engineer)
20. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
21 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
22 . Existing on-site landscaping and fencing shall be maintained. (Department of Planning Services)
23. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has
been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National
Electrical Code; A building permit application must be completed and two complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.
A geotechnical engineering report performed by a registered State of Colorado engineer shall be required
or an open hole inspection. (Department of Building Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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.
26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated. shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
RESOLUTION USR14-0010
VIVIAN BEST
PAGE 7
27. 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.
28. WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town . Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C . R.S. . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been. and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas, in many cases. will not be equivalent to municipal services. Rural dwellers must. by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
Motion : Forward Case USR14-0018 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0010
APPLICANT: VIVIAN BEST
PLANNER: CHRIS GATHMAN
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 (VEHICLE AND EQUIPMENT PARKING AND
STAGING FOR A LANDSCAPE MAINTENANCE AND INSTALLATION
BUSINESS), 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 18, T6N . R66W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
LOCATION : NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND
APPROXIMATELY 1 ,500 FEET \NEST OF CR 27.
Chris Gathman, Planning Services, presented Case USR14-0010, 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. Mr. Gathman noted that
he handed out a letter submitted from a surrounding property owner to the applicant.
Mark Lawley wished to recuse himself from this case since he is a family friend to the adjacent property
owner to the west.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light noted that Development Standards 14 and 15 were
inadvertently added and are not required for this case; therefore she recommended that they be deleted.
Commissioner Maxey noted that Development Standard 3 may be in conflict with CDOT's referral which
states that if there are up to 12 employees then no requirements are necessary. Ms. Light stated that
Development Standard 3 is a Planning Department comment and not Environmental Health . Mr.
Gathman said that Development Standard 3 may be deleted if it is in conflict with Health Department
Policy.
Ed Terrazas, 12437 Hwy 392, and Vivian Best 12437 Hwy 392. Mr. Terrazas stated that they are
currently in violation. He is proposing to park vehicles and landscape materials on three-quarters of the
property. The employees arrive in the morning and leave again and do not return until the end of the day.
No customers come to the site.
Commissioner Hansford asked how long the applicant has operated from this site. Mr. Terrazas said that
he has operated from this site for 7 years and hasn't received a complaint.
Commissioner Berryman referred to the letter handed out by Mr. Gathman and asked if he has talked to
his neighbor. Mr. Terrazas stated that he received this email 4 days ago and wished to present it to the
Planning Commission. He added that all of his vehicles are licensed and insured and the drivers have
current drivers license. Additionally, he said that this was the first he heard that the neighbor wished to
have him place a fence on the neighbor's property. EXHIBIT
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Commissioner Sparrow noted that during the snowplow season, the hours of operation might be hard to
keep to. Mr. Terrazas said that was a good point and said that they are usually out after those hours to
get a plow truck.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carol Kunz, 12435 Hwy 392, stated that she sent the email to Mr. Terrazas. She said that she listed her
concerns in the email and emphasized the overuse of the access, number of vehicles and lack of privacy.
She said that she is not opposed to progress but wished to see the impact of the business lowered .
Mr. Terrazas said that the maintenance of the access road is maintained by Mr. Walkusch . He added
that Mr. Walkusch and himself have purchased crushed asphalt to put on the access road . He further
added that Mr. Kunz, Mr. Walkusch and himself have all maintained it.
Mr. Terrazas said that he does not tolerate high speeds on that access road. He added that if he catches
his employees doing it they will be reprimanded. He understands that kids are in the area and said that
the speeds need to be maintained.
Commissioner Berryman asked if he had any comments regarding Ms. Kunz's statement that her hedge
doesn't cover the traffic impact. Mr. Terrazas said that he has done everything to screen his business
and doesn't feel that the fence on her property is his responsibility. He added that all of the landscaping
business is located east of his residence, which is obscured from Ms. Kunz's property.
Commissioner Maxey asked if it wouldn't be in his best interest to accommodate the neighbors' concern
by installing something within the easement. Mr. Terrazas said that he doesn't know if it is to
accommodate her privacy or if it is related to dust control.
Commissioner Smock asked the applicant if he has checked into obtaining an access on the eastern
portion of his property from Highway 392. Mr. Terrazas said that he was told that CDOT is not allowing
any additional accesses to Highway 392.
Commissioner Sparrow asked if there was a change in the applicant's business that brought about this
complaint. Mr. Terrazas said that approximately 3 years ago they received a complaint and moved out to
another location and ended up with a bad renter and then moved his business back to his property. He
said that if he grows past the proposed 12 employees he will move to another location .
Motion : Delete Development Standard 3 and renumber accordingly, as recommended by Staff, Moved
by Benjamin Hansford, Seconded by Joyce Smock. Motion carried unanimously.
Motion : Delete Development Standards 14 and 15 as recommended by Staff, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion carried unanimously.
Mr. Gathman suggested amending Development Standard 4 to read "Off-site employee and work
vehicles access hours shall be Monday—Friday from 7:00 am to 5:30 p.m. as stated by the applicant(s).
These hours do not apply to seasonal snowplowing operations associated with the business."
Mr. Gathman added that to handle the concern of traffic impact, according to the applicant they stated
that they will have 12 employees. He suggested that we can add a development standard that states
only 12 employees will allowed on the site.
Commissioner Maxey opened it up for public comment regarding the snowplow hours.
Carol Kunz, 12435 Highway 392. said that the proposed language as stated will be fine.
Motion : Amend Development Standard 4 as stated by Staff, Moved by Benjamin Hansford, Seconded
by Bruce Sparrow. Motion carried unanimously.
Mr. Gathman suggested adding a new Development Standard 5 to read "The number of off-site
employees accessing the site shall not exceed 12 employees."
4
_ __ _ _ _._ _ _.. . ..v �NN*.V\ANVI I .
Motion: Add Development Standard 5 as recommended by Staff and renumber accordingly, Moved by
Joyce Smock, 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.
Motion: Forward Case USR14-0010 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Sparrow understands that the business started 9 years ago and was moved from the site
and then was brought back to the property with an increase in business. He said he voted in favor of it
with some difficulty.
Commissioner Wailes stated that the solution is there if the neighbors can come together and find a better
way of moving traffic through the properties. He doesn't believe that the applicant is solely responsible
for traffic issues on the access as it sounds like the issue is coming from the neighbor to the north.
Commissioner Smock encouraged the applicant to pursue an access from Highway 392.
Commissioner Berryman commented that it is a difficult situation but believes that there are potential
solutions by creating another driveway utilizing the current access.
Commissioner Maxey said that it is an unfortunate access issue and added that there may be potential
solutions to providing access.
Commissioner Maxey called a recess at 3:31 pm and Chair Lawley reconvened the hearing at 3:43 pm.
CASE NUMBER: USR14-0025
APPLICANT: AKA ENERGY GROUP, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (12-INCH
HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 16 MILES IN
LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOCATED IN SECTIONS 27 AND 33, T5N, R64W; SECTIONS 4, 5, 6, 7,
17, 19, 20, 30, T4N, R64W; SECTIONS 25, 26, 27, 31 , 32, 33 34, T4N,
R65W; AND SECTION 36, T4N, R66W; ALL LOCATED IN THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF CR 35; WEST OF CR 57; NORTH OF CR 38; SOUTH OF CR 54.
Chris Gathman, Planning Services, presented Case USR14-0025, stated that staff is requesting a
continuance of this case to the August 5, 2014 Planning Commission to comply with the legal notice to
include a map.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue Case USR14-0025 to the August 5, 2014 Planning Commission hearing, Moved by
Jordan Jemiola, Seconded by Benjamin Hansford. Motion carried unanimously.
CASE NUMBER: USR14-0024
APPLICANT: TERRY WIEDEMAN, C/O AKA ENERGY GROUP, LLC
PLANNER: CHRIS GATHMAN
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