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Home My WebLink About20121313.tiff HEARING CERTIFICATION DOCKET NO. 2012-27.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR-1752, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A COMMERCIAL RODEO (OUTDOOR) AND ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE, IN THE A (AGRICULTURAL) ZONE DISTRICT - ABELARDO AND NANCY VEGA, CIO JORGE VEGA A public hearing was conducted on June 13, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Heidi Hansen Health Department representative, Mary Evett The following business was transacted: I hereby certify that pursuant to a notice dated March 16, 2012, and duly published March 21, 2012, in the Fort Lupton Press, public hearings were conducted on April 25, and May 30, 2012, to consider the request of Abelardo and Nancy Vega, Go Jorge Vega, for a Site Specific Development Plan and Use by Special Review Permit, USR-1752, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a Commercial Rodeo (outdoor) and one (1) Single Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District, at which time the Board deemed it advisable to continue the matter to June 13, 2012, at the request of the applicant, to allow the matter to be considered by a full quorum of the Board. On June 13, 2012, Brad Yatabe, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated approval of the application will address a zoning violation for conducting rodeo events without the proper zoning permit. He stated ten referral agencies reviewed the proposal, eight responded favorably or offered comments which have been addressed in the Conditions of Approval and Development Standards, and he reviewed the concerns expressed by the Sheriff's Office for the record. He also proposed the addition of Condition #1.K to state, "The applicant shall address the requirements of the Department of Pt, pfo /it 2012-1313 7- a a5.7 PL2158 HEARING CERTIFICATION - ABELARDO AND NANCY VEGA, CIO JORGE VEGA (USR-1752) PAGE 2 Building Inspection, as outlined in the referral response dated May 15, 2012." Mr. Gathman stated staff received one letter of opposition from a surrounding propert owner and he displayed an aerial map and photographs of the site and surrounding area. PA Mr. Gathman and Mr. Yatabe responded to questions from the Board. e Heidi Hansen, Department of Public Works, provided an overview of the transportation plans and requirements and responded to questions from the Board. In Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions, as well as the Dust Abatement and Waste Handling Plans; she requested Condition of Approval #1.F be modified to delete the word "Commercial"; and she responded to questions from the Board. Fl In response to previous questions, Ms. Hansen provided the traffic count information for County Roads 74 and 55. Fl In response to Commissioners Garcia and Rademacher, Ms. Evett stated Condition of Approval #1.1 requires a Noise Abatement Plan to address how noise will be controlled, and Development#16 would be enforced through complaints. El In response to previous questions, Ms. Hansen addressed the parking requirements. FI Jorge Vega, applicant's representative, gave a brief overview of the plans for the facility and responded to questions from the Board concerning the water source, proposed parking and traffic circulation plans, and attendance for the previous unpermitted events. Responding to Commissioners Garcia and Rademacher, the applicant confirmed there will be no horse racing, just rodeo events. Mr. Yatabe stated animal cruelty claims would be investigated through the Sheriff's Office and referred to the District Attorney, if necessary. IE No public testimony was offered concerning this matter. In response to Chair Conway, Mr. Vega explained there may be some music, and water will be used for dust control in the parking lot and arena. Following discussion, the Board and applicant agreed to delete Development Standard #7. Ill Commissioner Kirkmeyer requested Condition of Approval #1.B.3 be modified and added as a final sentence to Condition of Approval #1.G to state, "Additionally, the applicant shall submit an annual Incident Management Plan to the Office of Emergency Management, for review and approval." and the Board agreed. (Clerk's Note: The final sentence which was added to Condition of Approval #1.G was also added as a new Development Standard #22, to address the annual nature of the requirement.) The Board also agreed to delete the word "Commercial" from Condition of Approval #1.F; amend Condition of Approval #1.H to state, "The 2012-1313 PL2158 HEARING CERTIFICATION - ABELARDO AND NANCY VEGA, C/O JORGE VEGA (USR-1752) PAGE 3 applicant shall submit an Improvements and Road Maintenance Agreement..."; and modify Development Standard #22 to insert the word "and statutes". In response to Chair Conway, Mr. Vega stated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified. IR Commissioner Long moved to approve the request of Abelardo and Nancy Vega for a Site Specific Development Plan and Use by Special Review Permit, USR-1752, for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including a Commercial Rodeo (outdoor) and one (1) Single Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record and summarized by Commissioner Kirkmeyer above. The motion was seconded by Commissioner Kirkmeyer, and she urged the applicant to continue working with the neighbors so there are no complaints. Chair Conway agreed. There being no further discussion, the motion carried unanimously and the hearing was completed at 12:02 p.m. This Certification was approved on the 18th day of June, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1 � ATTEST: `-� . Sean P. C w , Chair Weld County Clerk to the Board 21 Wilttafn F. Garcia, - m BY: ,p Deputy Clerk to e�erg EXCUSED DATE OF APPROVAL ite4 f`�� Barra Ki eyer 361 tf1, David E. Long { sop soy `� Ougla� Radema er 2012-1313 PL2158 H 0 r 0 O CL i re rerew m 1; ckj 0 0 > cn w 33w N 0 0 2 H wcr z mm0 � U ZI Z Z n 'Ctic C ' Dm a, E z LL LL LL U .d-. o ° O 0 m J F. Q 2ZW a Co t O unit; O W go. a r ,! ,! } a re Z Qaz co Q -. M Co WW2 1 d ~ G c • I- Z a O » 0 0 • 00 re c o cold a O• 33a d N C j a W re N N N 3 T r r r Q N N ii1 a) N y it * it d N Z▪ W W W ••••• W O C 5 Q 000 w 0 w t fl w r 000 a z O z In \ O ( f \g % % & c2 / a d } j \ \ ) � ( 2 & q g � �-C ) / .�� t \ � \ ©c4.67 i3 ® ' / O y / 2 } r O P / 0 w \ / / ® ■ & I - g % ) f § S w \ N LU z \ § § \ 0 % K < « q ... w \ ( o 2 . m 3 z Lu IL o • $ L-4 e ® a § a 2 $ ,_ \ 4 < > S S re p g \ 2 r zj k < ) |7 \ a_ / = z « © t---- =CI) Cu § < uj o ■ i 2 2 § 2 ] -IQ L 2. ) \ 2 ak § # r / ^ n P. xj � � � 52 it S J N) ,t- •-• Z ujuj § uj a @ / � r � 2 0 0 q z \ C z 0 0 0. EXHIBIT INVENTORY CONTROL SHEET Case USR#1752-ABELARDO AND NANCY VEGA,C/O JORGE VEGA Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation Summary of Hearing(Minutes dated 4/3/2012, B. Planning Commission 5/1/2012,and 5/15/2012) Letter indicating no objection,with request to adhere to C. Noble Energy setback requirements,dated 5/9/2012 D. E. F. G. H. J. K. L. M. 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