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Home My WebLink About20212882.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO Moved by Butch White, 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: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO MAXWELL NADER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR SIX (6) SEMI -TRAILERS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -1841; PART NE4 SECTION 7, Ti N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 12; APPROXIMATELY 0.50 MILES EAST OF CR 37. 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 22-2-10.B— Guiding Principles. States, "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The ability to permit more than the allowed semi -trailers on one property is permittable through the Use by Special Review process. This permitting process takes many factors in to consideration such as location, what the use is and the impact it will have on the surrounding properties. This proposal is only for the purpose of storing personal items. There is not a business on site. This proposal will not increase the impact to the surrounding properties and is correcting an existing violation. The existing screening will be fixed and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts to the surrounding properties Section 22-2-30.A.1. — Commit to the Economic future of agriculture. States, "Land use changes should not inhibit agricultural production nor operations." The twenty (20) acre size of the property could potentially be used for grazing land or farmland but is currently not being utilized for this. If the property was to be used for agricultural production the proposed use would not negatively impact that use. The proposed location of the six (6) semi -trailers is located on already disturbed ground could not be utilized for grazing or farming, so the property owner could effectively have both uses on the subject property. B Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. -- Intent, of the Weld County Code states, "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." This code section allows the applicant to apply for a USR (Use by Special Review) Permit. RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 2 Section 23-3-40 EE -- Uses by special review, of the Weld County Code allows for a "More than the number of semi -trailers as accessory storage allowed by right or by permit" in Lots outside of a subdivision and historic townsite in the (A) Agricultural Zone District This code section allows the applicant to apply for the semi -trailers C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses There are several USRs within one mile of the site To the west of the subject property there is one (1) single family residence, CUP -38, one (1) kennel, USR-722, two (2) home businesses, USR-1115 and USR-1715, and two (2) open pit mining operations, SUP-460AM and USR-1367 To the north of the subject property there is one (1) horse training and boarding facility, USR-742, one (1) greyhound training track, USR-670, and one (1) home business, USR-942 To the east of the subject property there is (1) auto repair shop, USR- 1065, and one (1) livestock confinement operation, MUSR14-0032, and one (1) agricultural services establishment, USR18-0102 The Weld County Department of Planning Services sent notice to nine (9) surrounding property owners within five -hundred (500) feet of the subject property Staff received one (1) surrounding property owner response The concerns outline in the response was that there was a business on site and it was more than just parking of semi -trailers 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 a three (3) mile referral area of the City of Fort Lupton and the Towns of Hudson and Lochbuie The Towns of Hudson and Lochbuie did not return a referral The City of Fort Lupton returned a referral on July 13, 2021 that commented on the rights of way identification for the final map but did not have any concerns with the proposal The site is also located within the Intergovernmental Agreement Area (IGA) of the City of Fort Lupton The City of Fort Lupton stated they had no concerns with the request E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is not within the Special Flood Hazard Area, Geologic Hazard Overlay District, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, 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 property is located on approximately twenty (20) acres designated as "Farmland of statewide importance" The proposed use is minor and is not disturbing any new ground therefore impact to the soils will not occur 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 RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 3 (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 map A The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR21-0012 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The map shall delineate the screening used for the semi -trailers This screening will ensure the semi -trailers are screened from all adjacent properties and public rights -of - way (Department of Planning Services) 5 County Road 12 (westward from a point located approximately 2,765 feet east of County Road 37) is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the USR map existing nght-of-way (along with the creating documents) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This portion of County Road 12 is maintained by Weld County (Department of Public Works) 6 County Road 12 Section Line (eastward from a point located approximately 2,765 feet east of County Road 37) is shown to have 60 feet of unmaintained section line right-of- way per the Weld County GIS right-of-way map The applicant shall delineate the existing right-of-way on the USR map and label the section line right-of-way as "CR 12 Section Line Right -Of -Way, not County maintained " All setbacks shall be measured from the edge of right-of-way (Department of Public Works) 7 Show and label the two existing access locations on the map Label each access as "Existing Residential Access" (Department of Public Works) 8 Show and label the entrance gate(s) if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet (Department of Public Works) 9 Show and label the drainage flow arrows (Department of Public Works) 10 Show and label the parking and traffic circulation (Department of Public Works) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 4 accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department 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 be added for each additional three (3) month period (Department of Planning Services) 4 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 Public Works) 5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded 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 Michael Wailes VOTE For Passage Tom Cope Lonnie Ford Elijah Hatch Skip Holland Sam Gluck Butch White Pamela Edens Michael Wailes Against Passage Absent Michael Palizzi 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 Commissioners 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 October 5, 2021 Dated the 5th of October, 2021 illAibbfie &141,2)74. Kristine Ranslem Secretary RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Camila Vanesa Lopez and Yoemni Ortega Marrero U S R21-0 012 1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0012, for more than the number of semi -trailers as accessory storage allowed by right or by permit, up to two (2) semi -trailers per legal lot outside of subdivisions and historic townsites 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. There shall only be no more than six (6) semi -trailers on site. (Department of Planning Services) 4. The parking area on the site shall be maintained. (Department of Planning Services) 5. The existing screening on the site shall be maintained. (Department of Planning Services) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. 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. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) c incatcd in 25 12 03 C.R.S. (Department of Pub is Rea t anc Environment) 11. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required for business use. The well permitted as 44275 cannot be used for business use unless repermitted to commercial. (Department of Public Health and Environment) 13. 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) 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 6 16 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Department of Public Works) 17 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Department of Public Works) 18 Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County (Department of Public Works) 19 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 20 Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 21 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following have been adopted by Weld County 2018 International Codes, 2018 International Energy Code, and 2020 National Electrical Code A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be required or an Open Hole Inspection (Department of Building Inspection) 22 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 23 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 24 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 25 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 26 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated 27 This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 28 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's RESOLUTION USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO PAGE 7 commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property nghts and mineral owners should be afforded the opportunity toextract the mineral resource 29 WELD COUNTY'S RIGHT TO FARM STATEMENT 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 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 5, 2021 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, Elijah Hatch, at 12:33 pm. Roll Call. P resent: Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, P amela Edens. Absent: Michael Palizzi. Also Present: Michael Hall, Angela Snyder, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR21-0012 CAMILA LOPEZ AND YOEMNI MARRERO MAXWELL NADER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR SIX (6) SEMI -TRAILERS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -1841; PART NE4 SECTION 7, T1 N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 12; APPROXIMATELY 0.50 MILES EAST OF CR 37. Max Nader, Planning Services, presented Case USR21-0012, reading the recommendation and comments into the record. Mr. Nader noted that one anonymous complaint was received with concerns that there was a business on site and there is more than just parking of semi -trailers. However, upon site inspection there was one (1) commercial vehicle present on site, but this is allowed as an accessory use according to the Weld County Code in the agricultural zone district. Mr. Nader stated that there were no signs of a business being operated on site. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. 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 Standard 10 addresses noise; however, that item can be deleted because this is just for storage. Camilla Lopez, 18514 CR 12, Ft. Lupton, stated that they have had these trailers on another property. S ince they have moved to this site, they thought there is enough room to place the trailers there to store personal items, furniture, personal equipment. The Chair asked if there was anyone in the audience who wished to speak for or against this application. N o one wished to speak. The Chair asked Staff if there were any changes to the Resolution. Ms. Light recommended deleting Development Standard 10. Motion: Delete Development Standard 10 and renumber accordingly, Moved by Tom Cope, Seconded by Butch White. 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 USR21-0012 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 Butch White, Seconded by Michael Wailes. 1 Vote: Motion carried by unanimous roll call vote (summary. Yes = 8) Yes Butch White, Elijah Hatch, Lonnie Ford, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope Meeting adjourned at 2 07 pm Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD I NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip C C\WV \R L "Se -7 \k, 1\3\ lki \VC-- \\-1 ( Li 4-S-,-, Li Q.- a. \---L Li\---tvk Co 3ciow \ u ( cl 16v1 (;t5piici .\1:i"<_ \A I\ ti \ ' . � trinkir\i\ j-ifbf%01,0‘ e 3 NMC 1 ! 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