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Home My WebLink About20191390.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION L13?J% -cm 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 APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION U SR18-0122 RAFAEL IBARRA KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE. OR A U SE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCK STORAGE AND PARKING AND STAGING AND U P TO ONE 15 000 SF SHOP WITH OFFICE) PROVIDED THAT THE PROPERTY IS N OT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -1413 PART SW4SW4 SECTION 28. T5N. R64W OF THE 6TH P.M.. WELD COUNTY, COLORADO. N ORTH OF AND ADJACENT TO CR 52 APPROXIMATELY 625 FEET EAST OF CR 53. 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 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 A.Goal 7. County land use regulations should protect the individual property owner's right to request a land use change. The applicant acquired the 4.6 acre residential property in November 25. 2016 with the intention of operating his business from the property. The location is in close proximity to County Highway 49 and State Highway 34 travelling on paved roads to these major traffic corridors. As the applicant provides construction services to numerous sites in Weld County and beyond, this base of operations affords the applicant to live, maintain and operate his business in close proximity to the areas he serves. Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region.' The land that Front Range Hydro -Bandits. LLC is proposing to convert to an industrial use is a non - irrigated small Recorded Exemption parcel located in a rural area south of the Town of Kersey. The Town of Kersey in their Notice of Inquiry response dated November 30. 3018 indicated that the property is not eligible for annexation at this time. Section 22-2-20.1.5 A.Policy 9.5. states "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The site is located within the three-mile referral area of the Town of Kersey who did not wish to annex at this time but requested the applicant to consider annexation if eligible The property is located within the Town of Kersey secondary urban growth area and Kersey Influence Area and is encumbered with a future land use designation of "Undetermined Use" per the 2016 Comprehensive Plan Local and State referral agencies were contacted for their comments concerning this proposed facility and as appropriate, their comments have been included in the staff recommendation as a Condition of Approval or a Development Standard Planning staff has not received any correspondence or telephone calls in opposition of this application Section 22-2-100 E C Goal 5 States "Minimize the incompatibilities that occur between commercial uses and surrounding properties " The proposed facility borders several parcels created through the recorded exemption process All properties are on similar sized tracts of land and have residences As part of the application materials, the applicant provided three letters of support from adjacent properties requesting little to no screening of the parking area Given the intensity of the proposal and comment received from the Town of Kersey in Notice of inquiry response, staff will require the outdoor storage/staging of vehicles to be screened, a Parking Plan to address the parking location on the property to mitigate the impacts of noise and exhaust onto neighboring properties and as a condition of approval the site lighting will be directed downward and away from neighboring properties B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Citing the Weld County Code, Section 23-3-40 S of the Weld County Code lists any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Front Range Hydro Bandits LLC intends to provide parking, staging and storage of the company vehicles and equipment) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses 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 The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County Further, the proposal is located within an Intergovernmental Agreement urban growth areas and growth management areas as defined in Town of Kersey's comprehensive plan The applicant reached out to the Town to discuss their land use plans and while not eligible for annexation at this time, there are opportunities for future annexation as started in the NOI response C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The property and surrounding areas are primarily rural residential development on tracts of land created through the recorded exemption land use application process There are nine (9) property owners within 500 feet of the proposed facility with the nearest residence located 233 -feet to the east and the second residence located 390 -feet to the west Planning staff has not received any correspondence or telephone calls concerning this application The Weld County Code requires screening of all outdoor parking, storage and staging areas associated with a commercial business per Chapter 23, Article II, Division 4, Section 23-2-240 A 10 for the proposed use to be compatible with the surrounding uses The applicant did provide several letters of support in not having screening of the equipment and vehicles associated with the business Should any lighting associated with the business be placed on the property, the lights shall be shielded with the luminaire placed at 90 -degree to the ground plane The Weld County Department of Public Health and Environment has placed a Residential Noise Limit for all business related activities on the property as defined in 25-12-103 C.R.S. The Conditions of Approval require that the applicant submit a Lighting Plan. as applicable. an Improvements and Road Maintenance Agreement (for roads and traffic) and a Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating 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 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 Town of Kersey and is located within the Intergovernmental Agreement Area (IGA) for the Town of Kersey and Weld County. In the Notice of Inquiry response dated November 30. 2018, the Town Planner states The property is not eligible for annexation at this time. We would request that they consider annexation when they are eligible for at some time in the future." As previously stated. the 2016 Kersey Comprehensive Plan designates this parcel of land as an undetermined use. E. Section 23-2-220.A.5 -- The application complies with Chapter 23. Article XI, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. The site is not in a MS4, Special Flood Hazard. Geologic Hazard or the Airport Overlay area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility located on 4.66 acres is designated as 'Irrigated Land -- Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. As there is no irrigation water associated with the proposed facility and currently no irrigation located on site. no prime agricultural lands will be taken out of production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety. and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-250, Weld County Code). Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health. safety. and welfare of the inhabitants of the neighbornood 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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to. dust control and damage repair to specified haul routes The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. The off site public improvements that ad 52 at the access loc d 52 and a right 52. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado or an acceptable Drainage Narrative is required. (Department of Public Works) C. The applicant shall address the requirements (concerns) of Central Weld County Water District as stated in their referral dated January 4. 2019. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) D. The traffic memorandum submitted March 26. 2019 shall be stamped by the Traffic Engineer. (Departmert of Public Works) E The map shall be amended to delineate the following. 1. All sheets of the map shall be labeled USR18-0122 (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 the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The applicant shall delineate the opaque screened outdoor storage area for the parking of personal vehicles and the parking and staging of all company vehicles. equipment and materials. (Department of Planning Services) 6. County Road 52 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) Show and label the approved access locations. approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 8. Show and label the approved tracking control on the site plan. (Department of Public Works) 9. Show and label the entrance gate as applicable. An access approach that is gated shall be designed 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) 10. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention. No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 11. Show and label the drainage flow arrows. (Department of Public Works) 12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 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 app icant 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 cf 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 witnin 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 added for each additional three (3) month period (Department of Planning Services) 4 Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more thar one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 5. Prior to the issuance of the Certificate of Occupancy. A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed shop and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Planning Services) Prior to Operation: A The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued on the property, until the Use by Special Review 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) Motion seconded by Lonnie Ford. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatcn Skip Holland Against Passage Absent 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, Michelle Wall, 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 April 2, 2019 Dated the 2nd of April, 2019 Michelle Wall Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Front Range Hydro Bandits, LLC USR18-0122 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0122. for any Use permitted as a Use by Right. an Accessory Use. or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial truck storage and parking and staging and up to one 15,000 SF shop with office) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 5:00 A.M. to 8:00 P.M., as stated by the applicant(s). (Department of Planning Services) 4. Number of employees principally employed at the facility is limited to twelve (12) persons thirty (30) persons per day. as stated by the applicant(s). (Department of Planning Services) 5. The employees shall be split into two shifts of 6 employees with arrival times being separated by at least one hour. (Department of Public Works) 6. 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) All existing landscaping and proposed commercial vehicle. equipment and business materials screening shall be maintained. (Department of Planning Services) 8. 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 & Environment) 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 & Environment) 10. 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 & Environment) 11. 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 & Environment) 12. 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 & Environment) 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. Any septic 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 & Environment) 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. must be screened from public view. Portable toilets 15. For employees or contractors on site for less than two (2) consecutive hours a day and two (2) or less employees. portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers 16 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 17 All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs) All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers' recommendations 18 Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency 19 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health & Environment) 20 Sources of light shall be shielded so that beams or rays of light 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) 20 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) 21 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) 22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Department of Public Works) 23 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) 24 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Department of Public Works) 25 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Department of Public Works) 26 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public Works) 27 Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 28 Building permits will be required, per Section 29-3-10 of the Weld County Code Currently the following has been adopted by Weld County 2018 International Residential Code, 2018 International Building Code, 2018 International Mechanical Code, 2018 International Plumbing Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code, 2006 International Energy Conservation Code, and 2017 National Electrical Code (Department of Building Inspection) 29 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) 30 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) 31 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) 32 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 (Department of Planning Services) 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 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 PC Nl 1.n Uiti cal 1021206 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. April 2. 2019 EXHIBIT (-6e.) 1 21 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 Sparrow. Bruce Johnson. Gene Stille. Tom Cope. Lonnie Ford. Richard Beck, Elijah Hatch. Skip Holland. Also Present: Kim Ogle. Chris Gathman. and Angela Snyder, Department of Planning Services: Lauren Light. Department of Health Evan Pinkham. Hayley Balzano and Mike McRoberts. Public Works: Bob Choate, County Attorney. and Michelle Wall, Secretary. CASE NUMBER USR18-0122 APPLICANT RAFAEL IBARRA PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCK STORAGE. PARKING AND STAGING AND UP TO ONE 15,000 SF SHOP WITH OFFICE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT A REC EXEMPT RE -1413, PART SW4SW4 SECTION 28. T5N. R64W OF THE 6TH P.M.. WELD COUNTY. COLORADO. LOCATION NORTH OF AND ADJACENT TO CR 52 APPROXIMATELY 625 FEET EAST OF CR 53. Kim Ogle. Planning Services. presented Case USR18-0122, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mr. Ogle said there are some amendments to the Staff Report Commissioner Stille asked staff what size limit of a building can be put on the property. Staff replied that it can be any size of structure. Because the property is not located in a subdivision. the building size does not apply to the 4% Rule. Chair Wailes asked staff what amendments were made to the Staff Report. Mr. Ogle went over the amendment to Condition of Approval for 1.A. Mr. Choate recommended the Chair wait to address the amendments until after Public Comment. Commissioner Holland asked staff how many trucks are going to be stored there on a daily basis. Mr. Ogle said there will be 10 trucks that are associated with the business. Commissioner Holland asked if there are any requirements for fighting fires in a circumstance like this. Staff said he was not aware of any standards for fire suppression at a parking lot for trucks. Commissioner Holland asked if ary work is being done on the trucks. Staff said maintenance is done off site. Mr. Ogle read into the record that amendments would be made to Conditions of Approval 1.B.. a new Condition of Approval will be added between 1.C and 1.D. 1.D.9. and 2.6. Next. Mr. Ogle read into the record the amendments made to the Development Standards 4, a new Development Standard will be added between 4 and 5. Hayley Balzano. Public Works. reported on the existing traffic, access to the site and drainage conditions for the site. 1 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan Staff asked to add a statement at the end of Development Standard 13 to read "Portable toilets must be screened from public view " Commissioner Holland asked staff what the distance requirement is between the house to a fire hydrant Staff said that is not an Environmental Health question Commissioner Holland asked how we get to the issue of fighting a fire with all the trucks on the property Commissioner Cope responded that he is sure a referral would have been sent to the fire district and asked staff if a referral comment was received Staff said they received a referral from Platte Valley Fire stating if a second building was added to the property, the applicant would need to send the building plans to the district Commissioner Holland expressed his concern with the fire fighting capability at this location Staff said there are adequate means of egress and ingress on the property in the case of an event Mr Ogle said the referral comment from the fire district did not mention any issues with fire suppression Sheri Lockman, Lockman Land Consulting, 36509 County Road 41, Eaton, Colorado Ms Lockman explained that Mr Ibarra currently runs 10 trucks that primarily service the oil and gas industry The site is adjacent to properties with similar uses Ms Lockman explained that after meeting with staff and understanding requirements, the applicant decided to keep the 10 trucks and 12 employees that he currently has and not add trucks or employees in the future Mr Ibarra does not wish to add the 15,000 sf shop with an office, therefore would like to withdraw that request from the application Ms Lockman said that the staff has been wonderful in working with them Ms Lockman requested that Development Standard 1 be amended to delete the 15,000 sf shop with office Commissioner Stille asked the applicant if they knew how close the nearest fire hydrant was to the property Ms Lockman said Mr Ibarra thinks it is located on the corner of County Road 53 and County Road 52 but pumper trucks/tankers are usually used in rural areas Commissioner Johnson asked for explanation about the issue with Condition of Approval 1 D 9 regarding having the gate open Ms Lockman explained the gate is 17 feet back from the road and the requirement is 35 feet The applicant is requesting a waiver and they will leave the gate open during working hours so there is never a reason for a truck to be parked in front of the gate Commissioner Cope asked if the applicant has always had two shifts Ms Lockman said he normally has had two shifts The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Mr Ogle requested that the language "and up to one 15,000 sf shop with office" be removed from the Request from the first page of the Resolution Chair Wailes read into record the amendment to Development Standard 1 to remove the 15,000 sf shop and office Mr Choate explained the Planning Commission can make a motion to change the Request in the Resolution along with the Development Standard 1 in this case because it is a reduction in scope He explained that typically a change to the Request and Development Standard 1 would require the case be continued Motion Amend Request and Development Standard 1 by removing "one 15,000 SF shop (with office)"", Moved by Tom Cope, Seconded by Elijah Hatch Motion carried unanimously Staff requested that Condition of Approval 1 D 9 be changed to read "Show and label the entrance gate as applicable " Motion Amend all the Conditions of Approval as requested by Staff, Moved by Bruce Johnson, Seconded by Richard Beck Motion carried unanimously Ms Light requested amending Development Standard 13 to add "Portable toilets must be screened from public view " She also said Condition of Approval 6 can be deleted since the applicant is no longer building any structures 2 Michelle Wall Secretary Motion Remove Condition of Approval 6 as recommended by Staff, Moved by Gene Stifle, Seconded by Tom Cope Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and amended Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR18-0122 to the Board of County Commissioners along with the amended Conditions of Approval and amended Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Lonnie Ford Vote Motion carried by unanimous roll call vote (summary Yes = 9) Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope Chair Wades stated that the applicant and staff have shown that the application meets the 7 criteria of Weld County Code, Section 23-2-220 A Meeting adjourned at 5 57 pm Respectfully submitted, 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip AT-41L,U, eo 4 7 i P --a-Zisti: eci \--) Ai, n 7 V4(/' 1147 gcs-A, cjVjRi cMnRNir 3io joBAL_sea Ai t w e R , c ez 4)ffest.,. � fll�. &4isikke &�Z�CautAti 3aq� � It - 4 se t-rwEmF Esiy4 cd. ccn- ERIE- -Pi 3a tT"inPr3e-Rr CPL 9 g w►cam q ij,,,z � eO5 /C be-6.hddQ/&4a atC�m�'� S Xm,mo q,,' C4u,Mj ;kalif F,� Ce �S court "�� 7 e/(c cc/�i.r iris', . 3th;�R� S-TiQ �Bi � �1^In/�t/1J�� LA)rec.-) lip gSiLa J5 -TZot, fIL.f��L. r.2_ w- a )(a L. ti•Jteitt a fv5O c k_ ...1 Li -jcrwv\4e LA a , li9 LG L / l 7 - `T g 6.S./ � / 74/4 4 �i' 1 O (/ ! /' r i ,1 / p/l U IC �s�ra-- 5%2, 3 Lf'Z- c YoC;L -51/Led) I e- if, er) ( ca 4 Aat •c.', -3\a‘\1\ N. fr-Aei: COS L'" est --4:---41 . r a Cat coz:375-1. 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Progito, CO. <0.5t_i 444 4wifecis GO/CO333 CI ?I I rJ /SRl5h-44-) <catevotitr3 wc,J`/CO FFt3NiU Adl.Cnm cn lie \A e'PLANJu- LI\J St S PtAre- \c\---iv\_..t 4 WI i - t en 1 --eat- ck_r% - 4Po skiti- irld Erm � �w 913 LAS? Set, Ski 570 to.} ecti ��, Co ED 52� do Ib5OMSI5,C 4PyP\ ,/1 , a ,�j�a� © TAZ a (Nc ZJ°t Tc&rke r—�. C54J1�5, Ce �esz� �.� �tr �ee.Co�t , ,�� le\A\Sekk 6'� "t,1 � H tth CA 1��'ke�/ C L s3911 c,.�\ se�o-on e oe e c,o01 y. ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Sc, PM- Scott]tl P . c'.4--) -o Cf ci dl If - I + n CO < us rce i v'u t-i`l c a 7 a 1 4 1 1 I 1 i r 1 Hello