HomeMy WebLinkAbout20201683.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION �'�SIzZ,Cj —Oka y
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , 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 USR20-0006
APPLICANT: HECTOR FAUDOA
PLANNER : KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A HOME BUSINESS ( GRANITE AND STONE
CUTTING AND FABRICATION ) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-2797 . PART E2SE4 SECTION 32 . T1 N . R66W
OF THE 6TH P . M . . WELD COUNTY . COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 29 , APPROXIMATELY 340- FEET
SOUTH OF CR 2 . 5 .
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 . 3 - A. Policy 7 . 3 . states , ` Conversion of agricultural land to urban residential .
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area , Urban Growth Boundary area , Regional Urbanization Area or
Urban Development Nodes , or where adequate services are currently available or reasonably
obtainable . A municipality' s adopted comprehensive plan should be considered but should not
determine the appropriateness of such conversion .'
The property is within three miles of the City of Brighton . City of Fort Lupton , Town of Lochbuie and
Adams County . The property is outside of the Urban Growth Boundary Area for the City of Brighton
but is located within the Brighton 2040 Urban Service Area per the City of Brighton Future Land use
Map adopted on March 22 , 2016 . The property has been designated as Employment — Industrial .
The property is within the Intergovernmental Agreement Area for the City of Fort Lupton . The Future
Land Use Map associated with the 2018 Fort Lupton Comprehensive Plan identifies this area as
planned for Industrial uses .
Section 22-2- 20. H. - A . Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development. "
The applicant is proposing bottled water for employees and a port-a-let with integrated hand washing
comment for sanitary needs , as typically employees are working on-site less that 2- hours in the
morning and 2- hours in the late afternoon . The business hours are 7 : 00 am to 7 pm Monday through
Friday only .
The Faudoa family residence will utilize the existing well under the Division of Water Resources
Permit No . 230142 restricted to ordinary household purposes inside ( 1 ) one single family dwelling ,
the watering of the users own non-commercial domestic animals . and the irrigation of not more than
0 . 5 acres of home gardens and lawns . A septic system , permit number SP - 0000675 is permitted for
the home . The Conditions of Approval and Development Standards ensure that there are adequate
services and facilities available .
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 2
B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)Zone
District
Chapter 23, Article III, Division 1, Section 23-3-40 L allows for a Home Business 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
The adjacent lands consist of pastures,crops, and rural residences The closest residence is about
forty(40)northeast of the north property line and approximately four hundred forty(440)feet from the
Granite Shop A second residence is approximately one hundred ten (110) feet southeast of the
property line and approximately one hundred eighty(180)feet from the Granite Shop
There are two (2) USRs within one mile of the site USR16-0027 for outdoor vehicle storage and
USR-1658 for a construction company are located northwest of the site specifically south of County
Road 4 (New Energy Drive) and east of and adjacent to the Union Pacific Railroad mainline track
The Weld County Department of Planning Services sent notice to twenty-two (22) Surrounding
Property Owners Planning staff received a telephone call from the adjacent property owner to the
north requesting a privacy fence be erected on the property line between the two properties and
indicated that he was willing to help with the materials and construction costs
Planning staff also received a letter with affiliated photographic image of the issues outlined in the
correspondence with Planning This surrounding property owner is in opposition to the operation of
an industrial business in the Agricultural zone "I have already endured countless months of un-
approved commercial activity in this area Numerous trucks—including semi-trucks— enter and
leave the subject property at various hours Even without the planning service approval now sought,
the noise has invaded my peace and quiet Many of my neighbors and I moved from the city to the
country to enjoy the peace and quiet that agricultural property offer I witnessed and endured this
business' activity for at least 2 years, innocently assuming they were operating in accordance with
county laws and regulations
Instead of rewarding illegal commercial operations in an agriculturally-zoned area, Mr Faudoa's
misdeed should not be rewarded by now allowing him to change the zoning status of his property or
otherwise exempting him from the rules that apply to me and my neighbors The Planning Service
and the Board of County Commissioners should, instead, require Mr Faudoa to immediately cease
and desist commercial operation in our agriculturally zoned area and pay whatever fines the Planning
Service deems appropriate for his past violations
Having invested 11 years of my life living,working, and contributing to this community as a health-
care worker, I vehemently oppose any change or exception its current status The peace and quiet
that I welcomed when I purchased my home is now threatened My opposition is quite reasonable
The trucks, noise and, strangers that come and go at all hours is entirely incompatible with the
agricultural zoning of the property I hope this application is not approved If,contrary to the wishes
of adjacent property owner,you move forward with approval, I strongly encourage you to impose a
number of mitigation measures,including but not limited to limited hours of operation,limited number
and size of vehicles accessing the property, noise-level restriction, and dust-level mitigation"
The applicant has been in contact with the Surrounding Property Owners and has conducted a
community meeting on June 25,2019 The applicant submitted a copy of the sign in sheet identifying
four property owners who attended the event, all in support for the proposed home business
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,
and Screening Plan The Development Standards and Conditions of Approval will assist in mitigating
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 3
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land
uses and the region
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 property is located within the Brighton 2040 Urban Service Area per the City of Brighton Future
Land use Map adopted by the Brighton Planning Commission on March 22,2016 and ratified by the
City Council on April 5, 2016 The property has been designated as Employment— Industrial and
have defined uses "Regional, job-creating employment uses such as regional and corporate
headquarters Light industrial uses that create less noise,traffic smoke and/or odor than industrial
uses yet should still be situated away from residential areas Suitable along US 85 Transportation
infrastructure should support heavy truck traffic"
The property is also located within the 2018 Fort Lupton Comprehensive Plan's Future Land use map
and is designated as Industrial "These areas represent potential industrial growth that could support
significant investment and job creation within Fort Lupton Industrial Growth Areas should support
both heavy and light industrial as well as office development,contributing to economic development
This designation is intended to provide an environment for light industrial and office uses that can act
as a buffer between heavy industry and lower intensity residential and commercial uses
The property is located in the 3-mile referral area for the City of Brighton, City of Fort Lupton and
Adams County The property is also within the Coordinated Planning Agreement Area with the City
of Fort Lupton who returned the undated Notice of Inquiry Form stating"The property is south of our
growth boundary per our IGA with Brighton Fort Lupton will review the case through the referral
process"
Adams County Planning returned a referral dated March 9,2020 and stated"Adams County and the
City of Brighton project more dense urban residential development, per our long-range plans, due
south of 168th (CR 2) in this area Presently, most of our zoning is A-1 in this area and is more
supportive of agricultural uses and single-family detached homes The use itself does not appear to
be compatible with residential but Adams County will certainly defer to Weld County's staff opinion on
this matter
[Adams County Planning] also have concerns after reviewing the application about the active
violation on the property and the owner's need to stop the use until they go before the USR public
hearing(s) "
The City of Brighton and the City of Fort Lupton did not return a formal referral response
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 Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District or the 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 proposed facility is located on approximately 5 3 acres Irrigated Land (Not Prime) with the
remaining 2 5 acres listed as "Other Lands" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map
G Section 23-2-220 A 7—There is adequate provisions for the protection of the health, safety, and
3
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 4
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 map
A The applicant shall address the requirements of the Brighton Fire Rescue District, as stated in the
referral response dated March 9,2020,specific to the determination of building classification for the
change of use as determined by the Weld County Building Department Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall address the requirements of the State of Colorado Division of Water Resources,
as stated in the referral response dated March 16,2020 Written evidence of such shall be submitted
to the Weld County Department of Planning Services (Department of Planning Services)
C A Screening Plan shall be submitted to and approved by the Department of Planning Services that
screens the site from the Surrounding Property Owners and County road rights-of-way (Department
of Planning Services)
D If the existing on-site wastewater treatment system (OWTS)for the business(SP-1900203)will be
used,the existing permit shall receive final approval in accordance with current OWTS regulations In
the event the OWTS will not be utilized the permit(SP-1900203) shall be negated (Department of
Public Health and Environment)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0006 (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 applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
5 The map shall delineate the screening in accordance with the approved Screening Plan
(Department of Planning Services)
6 The map shall delineate the existing onsite lighting (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C,23-D and 23-E of the Weld County Code (Department of Planning Services)
8 The map shall delineate the parking area for the employees and vendors (Department of
Planning Services)
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 5
9 . County Road 29 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 site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road . All setbacks shall be measured from the edge of right-of-way . This road is maintained by
Weld County . ( Department of Public Works)
10 . County Road 2 1/2 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 site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road . All setbacks shall be measured from the edge of right-of-way . This road is maintained by
Weld County . ( Department of Public Works)
11 . Show and label the approved access locations , approved access width and the appropriate
turning radii on the site plan . The applicant must obtain an access permit in the approved
location ( s) prior to operation . ( Department of Public Works)
12 . Show and label a 30 fo
Lot B on the site plan . ( Department of Public Works)
13 . Show and label the drainage flow arrows . ( Department of Public Works)
14 . Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property . ( 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 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 map 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 . The approved access shall be constructed prior to on-site construction . ( Department of Public Works)
B . If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit will be required .
( Department of Public Works)
5 . The Use by Special Review 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 map 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)
RESOLUTION USR20-0006
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Motion seconded by Gene Stile
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stile
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 May 19, 2020
Dated the 19th of May, 2020
lbbne-d'6i .O1.
Kristine Ranslem
Secretary
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hector Faudoa
USR20-0006
1 A Site Specific Development Plan and Use by Special Review for a Home Business(fabrication, cutting
and storage of stone and granite for stone contractor)outside of subdivisions and historic townsites, in
the A (Agricultural) Zone District, USR20-0006, 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 hours of operation are 7 00 a m —7 00 p m Monday—Friday (Department of Planning Services)
4 The number of on-site employees shall be up to two (2) as stated in the application materials
(Department of Planning Services)
5 The number of commercial vehicles shall be up to two (2), as stated in the application materials
(Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23,Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
8 The existing landscaping and proposed screening on the site shall be maintained (Department of
Planning Services)
9 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)
10 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)
11 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
12 Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement (Department of Public Works)
13 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
14 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
15 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)
16 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)
RESOLUTION USR20-0006
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PAGE 8
17 . 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 facility shall operate in
accordance with Chapter 14 , Article 1 of the Weld County Code . ( Department of Public Health and
Environment)
18 . 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)
19 . Any On-site Wastewater Treatment system located on the property must comply with all provisions of the
Weld County Code , pertaining to Systems . ( Department of Public Health and Environment)
20 . Any additional hydraulic load to the existing septic system ( SP- 1900203 ) will require an Evaluation from a
Colorado Registered Professional Engineer. The engineer' s evaluation shall be submitted to the Weld
County Environmental Health Department . In the event the system is found to be inadequate , the system
must be brought into compliance with current Weld County On- site Wastewater Treatment System
Regulations . ( Department of Public Health and Environment)
21 . A permanent , adequate water supply shall be provided for drinking and sanitary purposes . The existing
well ( permit 230142 ) cannot be used for the business unless it is repermitted to allow commercial use .
( Department of Public Health and Environment)
22 . The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25- 12- 103 C . R . S . ( Department of Public Health and Environment)
23 . Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility , at
all times . For 2 or less full -time employees on site . portable toilets 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 , contain hand sanitizers and be screened from existing
adjacent residential properties and public rights-of-way . ( Department of Public Health and Environment)
24 . Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal . Records of installation , maintenance , and proper disposal shall be retained . ( Department
of Public Health and Environment)
25 . 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)
26 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties .
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map . 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)
27 . Building permits shall be required for any new construction or set up manufactured structure , per Section
29- 3- 10 of the Weld County Code . A building permit application must be completed and submitted .
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application . Currently , the following have been adopted by Weld County : 2018 International
Building Codes ; 2018 International Residential Code ; 2006 International Energy Code ; 2017 National
Electrical Code ; and Chapter 29 of the Weld County Code . A plan review shall be approved , and a permit
must be issued prior to the start of construction . ( Department of Building Inspection )
28 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code . ( Department of Planning Services)
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 9
29 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 (Department of Planning Services)
30 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 (Department of Planning Services)
31 Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit,or the Permit shall be vacated The Director of Planning
Services may grant an extension of time,for good cause shown,upon a wntten request by the landowner
32 A 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
33 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
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 person 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 rights and mineral owners should be afforded the opportunity to extract the mineral resource
34 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
RESOLUTION USR20-0006
HECTOR FAUDOA
PAGE 10
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
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING I
Tuesday , May 19 , 2020
u3R o—aa�t ,
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,
Michael Wailes , at 12 : 30 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle and Diana Aungst , Department of Planning Services ; Lauren Light , Department of
Health ; Mike McRoberts , Melissa King and Zack Roberson , Public Works ; Bob Choate , County Attorney ,
and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0006
APPLICANT: HECTOR FAUDOA
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A HOME BUSINESS ( GRANITE AND STONE
CUTTING AND FABRICATION ) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOT B REC EXEMPT RE -2797 . PART E2SE4 SECTION 32 . T1 N . R66W
OF THE 6TH P M . , WELD COUNTY , COLORADO .
LOCATION. WEST OF AND ADJACENT TO CR 29 . APPROXIMATELY 340- FEET
SOUTH OF CR 2 . 5 .
Kim Ogle , Planning Services , presented Case USR20-0006 , reading the recommendation and comments
into the record . Mr. Ogle noted that Staff received a telephone call from a surrounding property owner
requesting a privacy fence be erected between the two properties and indicated that they are willing to help
with materials and construction costs . Another surrounding property owner also submitted a letter in
opposition expressing concern of dust, noise , and numerous truck traffic at various hours . The Department
of Planning Services recommends approval of this application with the attached conditions of approval and
development standards .
Commissioner Ford asked if there are any commercial businesses around this site . Mr. Ogle replied no .
Melissa King . Public Works , reported on the existing traffic . access to the site and drainage conditions for
the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Sheri Lockman . Lockman Land Consulting , 36509 CR 41 , Eaton , Colorado , stated that the applicant was
using the access easement that went to the north ; however, at a meeting with Staff it was determined that
this was not the best access to use and they should be using the access to his home site . She added that
they were bringing in trucks on that other access because it did have the turning radius . However, now
they are utilizing personal vehicles or a truck with flatbed bringing in materials . She added that the staff
report says they need a 60-foot turning radius . but the application is no longer for any type vehicles that
need that big of a turning radius .
Ms . Lockman said that the well is only permitted for residential use and the applicant doesn 't want to re-
permit that for commercial use . She added that the applicant will bring in bottled water for drinking and will
have water trucked in for the cutting process . She indicated that the Division of Water Resources was
acceptable to this plan and forwarded that email to Mr. Ogle .
With regard to noise . Ms . Lockman stated that all the cutting is done inside the building . She added that
they may operate a forklift outside .
1
Commissioner Cope asked if the cutting of the granite is done by hydro cut
Hector Faudoa, 395 CR 29, Brighton, Colorado and Victor Espinoza, 5122 Grey Swallow Street, Brighton,
Colorado Mr Espinoza provided translation for the applicant Mr Espinoza replied that the granite is cut
with hydro-cut
Commissioner Cope asked what sort of noise comes with hydro cutting Mr Espinoza said it would be
comparable to an electric saw He added that the shop has been insulated for noise as well
Commissioner Cope asked if the doors to the shop are open when cutting Mr Espinoza replied that they
do open the doors in some cases, however, if it is an issue with noise, they will close the doors when they
are cutting
Ms Lockman requested an amendment to Condition of Approval 1 E 11 as they are not bringing semis into
the property and they don't need the 60-foot radius She asked that it be changed to a 25-foot radius
Additionally, she requested to remove Condition of Approval 1 E 12 since the applicants are not pursuing
that access so it is no longer relevant
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream
Motion Remove Condition of Approval 1 E 12, Moved by Bruce Johnson, Seconded by Elijah Hatch
Motion carried unanimously
The Chair asked Staff about amending Condition of Approval 1 E 11 Ms King recommended removing
"(60')"and keeping"appropriate turning radii on the site plan"
Motion Amend Condition of Approval 1 E 1, as recommended by Staff, Moved by Tom Cope, Seconded
by Gene Stille Motion carried unanimously
Ms Light suggested adding a development standard that limits the noise to the residential zone She
recommended adding a new Development Standard 22 to read "The facility shall adhere to the maximum
permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C R S"
Motion Add a new Development Standard 22,per Staff,and renumber accordingly, Moved by Tom Cope,
Seconded by Gene Stille 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 USR20-0006 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 Bruce Johnson, Seconded by Gene Stille
Vote Motion passed (summary Yes=7, No= 1,Abstain = 0)
Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope
No Skip Holland
Commissioner Holland said that he feels this business has been placed in an area that has happened after
the fact and there are other people living there
Meeting adjourned at 6 15 pm
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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