HomeMy WebLinkAbout20040228.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with additional language in Development Standard #13, 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: USR-1437
APPLICANT: Moises Rodriguez, do Fred Otis
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Tract 12, Ireland Gardens; being part of SW4 of Section 2, T1 N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for Multi-Family
Dwellings for persons principally employed at or engaged in Farming,
Ranching or Gardening in the A (Agricultural) Zone District.
LOCATION: North of and adjacent to State Hwy 52 and 1/4 mile east of Beech Street
(CR 45).
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 22-2-180.H, states "Residential
development on agricultural zoned land is provided to aid in the continuation of agricultural
production and/or to accommodate low intensity development." Section 22-2-190.F.1
(R.Policy 6.1)states "Opportunities for housing developments including, but not limited to,
multi-family and manufactured homes,should be provided to encourage lower cost renter or
owner occupied housing or employee housing." The existing two - ten unit migrant farm
houses with an unattached Public Bath House was established in 1977 through CUP-25 to
assist the American Products pickle operation. The two labor housing units were permitted
to provide housing for up to 100 person during the months of May through September, with
one unit occupied full time for the purpose of protection and maintenance. The property,
including all structures were acquired by the applicant in January 2001.
This application is for 60 migrant farm laborers between May 1 and September 30 of each
calendar year and 20 migrant farm laborers between October 1 and April 30 of each calendar
year.
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.M of the Weld County Code provides for Multi-Family
Dwellings for persons principally employed at or engaged in Farming, Ranching or Gardening
as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding parcels to the east are predominately residential,to the
south is the Hudson Fire Station, a Baptist Church, the Town of Hudson Park and Town of
Hudson Housing Authority residential structures all located within the Town Limits. To the
west are the incorporated Town Limits for Hudson. To the north is the Burlington Northern
rail tracks, residential properties and the 1-76 corridor. The site has been used for migran I H ro
farm labor housing for approximately 26 years under the present Conditional Use Permit, to 7_
CUP-25. 2 f�
4X!
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with futur:
development of the surrounding area as permitted by the existing zoning and with the futur: -Z
development as projected by Chapter 22 of the Weld County Code and any other applicabl: swan
code provisions or ordinances in effect, or the adopted Master Plans of affect—
2004-0228
Resolution USR-1437
Moises Rodriguez
Page 2
municipalities. The Town of Hudson was provided a Notice of Inquiry dated January 30,
2003 advising the town that the subject property was within their Urban Growth Boundary.
In a letter dated February 6, 2003 from Jim Landeck, Town Administrator, he stated, "the
Board of Trustees is reluctant to consider any annexation petition for the property until the
issues and concerns could be satisfactorily resolved." Further, Landecks letter states,"the
property is not compatible with the Town's current Comprehensive Plan for the area." In a
referral response dated July 23,2003, the Board of Trustees of Hudson"strongly objects to
the consideration and approval of the proposed Special Review permit for this property.
Ordinance 2003-XX, Article XIV, Chapter 19 , the Inter-governmental Agreement (IGA)
boundary with the Town of Hudson will [presently] influence this site. The Department of
Planning Services and the County Attorney's office determined that when the application was
submitted and under review there was not an IGA in place between Weld County and the
Town of Hudson,therefore, it was determined by the Weld County Attorney's office that this
application would not be subject to Ordinance 2003-XX,Article XIV, Chapter 19 , given that
Ordinance 2003-XX, Article XIV, Chapter 19 was not adopted prior to the submittal of the
Use by Special Review, (USR-1437) application.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
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 subject site has a limited
amount of prime agricultural land. The site has historically been utilized as migrant farm
labor housing.
G. Section 23-2-220.A.7 -- 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 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:
A. Prior to scheduling a Board of County Commissioners hearing:
1) The applicant shall provide written evidence from the appropriate regulatory authority of the
steps being taken to address the Colorado Primary Drinking Water Regulations,including the
establishment of an approved Public Water System recognized and conditionally approved
by the Colorado Department of Public Health and Environment. (Department of Planning
Services)
2) The applicant shall provide written evidence from the appropriate regulatory authority of the
steps being taken to address the Colorado Primary Drinking Water violations as addressed
in their letter dated August 8, 2003 from Brad Simons, District Engineer, Water Quality
Control Division. (Department of Planning Services)
2) Prior to recording the plat:
A The plat shall be amended to delineate the following:
r
1. The Plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All plats shall be labeled USR-1435 (Department of Planning Services)
Resolution USR-1437
Moises Rodriguez
Page 3
3. The attached Development Standards. (Department of Planning Services)
4. The Permit Boundary for the facility shall include all septic leach fields and
subsurface encumbrances associated with this development. (Department of
Planning Services)
5. The plat shall reflect the current site conditions, including the location of all existing
structures associated with the labor house. (Department of Planning Services)
6. The fence enclosure, including man gates for the facility. (Department of Planning
Services)
7. The location of all on-site lighting. (Department of Planning Services)
8. The location of the screened trash enclosure and dumpster. (Department of
Planning Services)
9. The location of the graveled or equivalent parking area. This includes curb stops.
(Department of Public Works and Planning Services)
B. The applicant shall submit an application for the attached two single wide mobile homes to
both the Department of Building Inspection and to the Department of Planning Services for
review and approval. (Department of Planning Services)
C. The applicant shall schedule a walk through with the Sheriff's office to participate in a
program entitled"Crime Prevention through Environmental Design". This program reduces
the likelihood of criminal activity at a specific location by"hardening" it to crime. (Sheriff's
Office)
D. The applicant shall provide evidence of compliance with Section 22-2-60.J (A.Goal 10.)that
states"Promote a quality environment which is free of unsightly materials, including but not
limited to, derelict vehicles, refuse and litter"; further, the applicant shall show compliance
with Section 22-2-60.J.1 (A.Policy 10.1) that states "Property owners should demonstrate
responsibility of ownership by minimizing safety and health hazards resulting from, but not
limited to, derelict structures, derelict vehicles and noncommercial junkyards"; and finally,
Section 22-2-60.J.2 (A.Policy 10.2) that states "Develop programs for cleanup of derelict
property,junk and weeds. (Weld County Code Ordinance 2002-6)"
Visual inspection of the property determined that there are numerous vehicles, including
buses, and accident remnant vehicles parked around the property. Cursory inspection
identified several without current tags and in some instances plates. All vehicles shall have
current plates and tags,and be in operating order. If not in compliance with the Weld County
Code,these vehicles shall be removed from the property. (Department of Planning Services)
E. The applicant shall remove from the property all mobile homes,fifth wheels and other living
accommodations that are not permitted under the Weld County Code.Further,the applicant
shall schedule a field inspection with the Department of Planning Services upon completion
of this activity. (Department of Planning Services)
F. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health& Environment,for approval prior to operation. (Department of
Public Health and Environment)
G. Environmental Health Services and the Department of Planning Services conducted a site
visit on July 31, 2003. Staff observed a marshy area near the west property line and fence.
The marshy area is located in close proximity to the septic system leach field as indicated
by the applicant on the Statement of Existing for a septic system. Upon examination of this
area, a non-sewage odor was detected as well as what appeared to be soap suds.
Environmental Health Services has concerns that the "marshy water' may be caused by
either the failing septic leach field or from grey water from the laundry facility.
Resolution USR-1437
Moises Rodriguez
Page 4
Environmental Health Services and the Department of Planning Services conducted an
additional site visit on August 8, 2003. The purpose of the site visit was to evaluate the
source of water that has allowed a stand of cattails to grow in the railroad easement. At the
time of inspection several washing machines were operating in the laundry building, and
although there was no obvious area where wash water was leaving the absorption field (no
wet ground, etc), or where it was entering the wetlands area (some absorption field sized
rock, but no pipe), it appeared that a portion of the water in the wetlands was coming from
the laundry facility as evidenced by slightly soapy water. No sewage odor was detected at
the time of inspection.
A further observation around the property found that the Hudson City Park lies north of
Highway 52 and that between the park and the Rodriguez property is a small ditch that
directs runoff into the railroad easement. An old discharge pond lies in the southwest corner
of the Rodriguez property left over from the Dean Pickle food processor. This pond is lined
(the liner is visible), fenced and holding some water from recent storm events. My
understanding is that the processing plant was on the west side of the railroad tracks and
brine water was pumped under the railroad tracks to the pond. At the time of inspection, no
discharge pipe could be located that appeared to contribute to the source of any wetlands
water(a capped, above-ground discharge pipe was found between the pond and wetlands).
Mr. Javier Rodriguez stated that after a recent storm, a nearby property owner told him that
water was overflowing from the east wetlands area to the west side of the railroad tracks
through a pipe.
The septic system for the migrant housing facility has failed in the past(Summer 2002)and
enforcement action was initiated at that time. The system has been preliminarily evaluated
for a dequacy by a registered professional engineer and determined t hat the system is
undersized for the facility. Because of the size of the facility and number of people inhabiting
it, any repairs/modifications/enhancements must be conducted through the Colorado
Department of Public Health and Environment,Water Quality Control Division(WQCD),Site
Application regulations. Brad Simons,WQCD,gave a preliminary assessment of the septic
system in his August 8, 2003 comments and came to the same conclusion.
It is imperative that the following information be submitted in a timely manner.
1. Submit evidence that the Site Application process has been initiated with the
Colorado Department of Public Health and Environment, Water Quality Control
Division. (Department of Public Health and Environment)
2. The applicant shall submit evidence to the Department of Planning Services, from
the Colorado Division of Water Resources, demonstrating that the well is
appropriately permitted for the multi-family use. (Domestic Well Permit Number
21904-F and Public Water System No. 162360) (Department of Public Health and
Environment)
3. The facility shall comply with the Colorado Primary Drinking Water Regulations (5
CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the Regulations.
(Department of Public Health and Environment)
H. The applicant shall provide written evidence that all violations, including the testing and
monitoring of the public water system have been resolved to the satisfaction of the Technical
Services Unit of the Water Quality Control Division of the Colorado Department of Public
Health and Environment. (Colorado Department of Public Health and Environment)
The applicant shall submit Landscape Plan map as stated in the application materials to the
Department of Planning Services for review and approval. ( Department of Planning
Services)
Resolution USR-1437
Moises Rodriguez
Page 5
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. 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 thirty(30)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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review/. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The 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. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOISES RODRIGUEZ
USR-1437
1. Site Specific Development Plan and Special Review Permit for Multi-Family Dwellings for persons
principally employed at or engaged in Farming, Ranching or Gardening in the A(Agricultural)Zone
District, as indicated in the application materials on file and 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. Prior to occupancy of the migrant housing facility in May 2004(or any year)the applicant must show
evidence of Site Application approval, and construction of the approved domestic wastewater
treatment works must be completed. Included with this approval is evidence that a Wastewater
Discharge Permit has been obtained. (Department of Public Health and Environment)
4. The applicant shall comply with the requirements of the Site Application approval permit at all times.
(Department of Public Health and Environment)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5,C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
6. 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)
7. 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.
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
9. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be stored and 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).(Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided.(Department of Public Health and
Environment)
13. Once the facility infrastructure is in place, the water system shall comply with the Public Water
System as defined in the Primary Drinking Water Regulations (5 CCR 1003-1)
(Department of Public Health and Environment)
14. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program.(Ordinance 2002-11)
15. The landscape treatment on site shall be maintained in accordance with the Approved Landscape
Plan. (Department of Planning Services)
Resolution USR-1437
Moises Rodriguez
Page 2
16. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
19. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
20. The 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.
21. 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.
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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, Voneen Macklin, 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 October 21, 2003.
,► D ted the 21 s' of October, 20 3.
Voneen Macklin
Secretary
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