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Home My WebLink About20190180?Cn\fl)kS \I\up\2ao\B SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 6, 2018 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: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope. Absent/Excused: Skip Holland Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services: Jose Gonzalez. Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: U S R 18-0067 ADAM HILTON AND LASHAWN LAGUARDIA CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT. S2 LOT 11, BLOCK 1 JO ANN SUB; PART OF SECTION 26, T1 N, R66W OF THE 6TH P M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445 FEET NORTH OF CR 4. Chris Gathman. Planning Services, stated that due to a scheduling conflict with the applicant's representative he is not able to attend today's Planning Commission hearing and has requested that it be continued to the December 18, 2018 Planning Commission hearing. This USR was submitted in response to a zoning violation. However, the applicant has indicated that the frequency of vehicles being worked on has been reduced since the summer, as this is the off-season. Staff received one letter of opposition and a petition of opposition was provided after the application was submitted in August 2018. Staff has received no additional phone calls or responses from surrounding property owners since these initial documents were received. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue Case USR18-0067 to the December 18, 2018 Planning Commission Hearing. Moved by Gene Stille Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow. Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope. Absent: Skip Holland. Meeting adjourned at 8:05 pm. Respectfully submitted, 431 Cbtvw ,gcti-o(.em, Kristine Ranslem Secretary 1 cz-cisD\lb or ki\IB Ito\ BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille. that the following resolution be introduced for denial 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 USR 18-0067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT S2 LOT 11 BLOCK 1 JO ANN SUB. PART OF SECTION 26 Ti N. R66W OF THE 6TH P M WELD COUNTY COLORADO WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445 FEET NORTH OF CR 4 be recommended unfavorably 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 not consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.2 states: "Conversion of agricultural land to nonurban residential. commercial and industrial uses will be accommodated when the subject site is an area that can support such development. Such development shall attempt to be compatible with the region." The proposed USR is located within a residential subdivision (Jo Ann Subdivision) The automobile repair shop is located within close proximity (150 -feet) of an existing residence The applicant has installed fencing along the north property line between the shop and the adjacent residence Also, they are proposing to limit the number of vehicles temporarily stored on -site (until they are worked on). The application indicates that they will limit the hours of noisy activity This acknowledges that the use will generate significant noise. The development standards and conditions of approval will not adequately address the impacts associated with this use (predominately noise) given the proximity to the adjacent residence and the nature of the business (race car repair and modification). 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". The proposed development standards and conditions of approval will not adequately mitigate the impacts associated with this use Section 22-2-100.A Policy 1.3. states "Neighborhood commercial uses should be allowed in residential areas. These commercial uses should consist only of neighborhood -oriented businesses. Commercial uses that service a greater area than the neighborhood and create an undesirable impact. such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. - In the original pre -application meeting the materials submitted indicated that he works mainly at another location and moved some vehicles to this location within the past year However, the applicant has a Facebook page that lists the applicant's business and street address and lists hours as always open. This is advertising to a greater area than the immediate neighboring area RESOLUTION USR 18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 2 The noise associated with the business will also impact the adjacent lots in the subdivision_ Section 22-2-100.E C. Goal 5 states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties. - The business is in close proximity to adjacent residential properties (especially the property to the north). The proposed use (car repair and modification) and the impacts associated with the use (noise) are not compatible with the surrounding properties. Section 23-2-220 A.2 -- The proposed use is not consistent with the intent of the A (Agricultural) Zone District. Section 23-340.P Home Businesses as a Use by Special Review in the A (Agricultural) Zone District. Section 23-3-10 — Intent 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. The Home Business definition is as follows_ HOME BUSINESS: An incidental use to the principal permitted use for gainful employment of the family residing on the property. where: Such use is conducted primarily within a dwelling unit or Accessory Structure and principally carried on by the family resident therein. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. The impacts associated with this business (predominately noise associated with the use) do not meet the requirement of the use being incidental and secondary to the principal permitted use and will change the character of the property and the immediate surrounding area Section 23-2-220 A.3 -- The uses which will be permitted will be not be compatible with the existing surrounding land uses. The proposed USR is located within a subdivision (Jo Ann Subdivision). Single family residences located on lots ranging from 4.6 to 2.6 acres in size. The nearest residence is located approximately 150 -feet to the north and east of the shop building. The shop building door faces towards this residence This proposed business is located on a lot that was divided in 1971, this lot is smaller (half of the size of the majority of the lots in the subdivision and the shop is located closer to the residence to the north than is typical of other lots in the subdivision Staff has received one (1) letter of objection and one (1) petition of objection signed by seven (7) property owners/tenants of nearby properties_ Three (3) of the properties are immediately to the north, west and east of the proposed USR site. The letter and petition site noise at various times during the day and during the night. Staff also received a phone call from the neighboring property owner two (2) lots to the north indicated he did not have an objection but wanted to review the application. The applicant has installed fencing along the north property line between the shop and the adjacent residence Also. they are proposing to limit the number of vehicles temporarily stored on -site (until they are worked on) The development standards and conditions of approval do not adequately address the impacts associated with this use (predominately noise) given the proximity to the adjacent residence and the nature of the business (race car repair and modification) The use is not compatible with the existing surrounding uses RESOLUTION USR 18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 3 G Section 23-2-220_A 7 — There are not 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 neighborhood and County The Conditions of Approval and Development Standards are not adequate to ensure that there are adequate provisions for the protection of the welfare of the inhabitants of the neighborhood 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. Should the Board of County Commissioners recommend approval of this USR the Planning Commission recommends the following conditions of approval and development standards 1 Prior to recording the plat A. The applicant shall address the comments of the Division of Water Resources. as stated in the referral response dated 8/23/2018 Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) A change of use building permit shall be submitted for the building in which the automobile repair and modification occurs_ (Department of Building Inspection) All derelict vehicles on the property shall be addressed by one of the following Vehicles shall be screened by an opaque fence from adjacent properties. Vehicles shall be stored in a building Vehicles shall be removed from the property. (Department of Planning Services/Zoning Compliance) The plat shall be amended to delineate the following: 1 All sheets of the map shall be labeled USR18-0067 (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 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5 The map shall delineate the landscaping and/or screening (Department of Planning Services) 6 The map shall delineate the lighting which shall adhere to the Weld County Coda (Department of Planning Services) 7 The vehicle storage area (for vehicles to be worked on) shall be indicated. (Department of Planning Services) RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 4 8 All signs (if applicable) 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) 9. The map shall delineate the parking area for the vendors. customers and/or employees. (Department of Planning Services) 10 Bailey Drive 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 on the site plan the existing right-of-way. 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 (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 12 Show and label the entrance gate 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) 13. The applicant shall show 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) 15 Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services_ Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review". as appropriate. Acceptable format is a projected ESRI shapefile ( shp..shx..dbf..prj) with a defined coordinate system (i.e.. NAD 1983 UTM Zone 13N. WGS 1984. NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc ) This digital file may be sent to maps@co.weld.co.us (Department of Planning Services) 5. Prior to Construction A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required. (Department of Public Works) RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 5 6. 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 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 Lonnie Ford. VOTE: For Passage Against Passage Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Absent Bruce Johnson 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. 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 December 18. 2018. Dated the 18th of December, 2018 •MY1ichifec, of Watt Michelle Wall Secretary RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Adam & LaShawn Hilton USR18-0067 A Site -Specific Development Plan and Use by Special Review Permit, USR18-0067, for Home Business (automobile modification & repair) 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 6'00 p.m. - 8.00 p.m. Monday — Friday and 10:00 a.m to 6 00 p m. (Department of Planning Services) 4. The number of outside employees shall be limited to two (2). (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. A maximum of three (3) vehicles (to be worked on) can be stored. staged outside at any given time. (Department of Planning Services) 7. The screening on the site shall be maintained. (Department of Planning Services) 8. All automobile repair and modification work shall occur indoors. (Department of Planning Services) 9. 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) 10. 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 S. (Department of Public Health and Environment) 11. 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) 12 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) 13. 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. (Department of Public Health and Environment) 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) Residential 15. Adequate drinking, hand washing. and toilet facilities shall be provided for employees and patrons. at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well cannot be used for the business unless it is permitted to allow commercial use. (Department of Public Health and Environment) RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 7 16. 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 and Environment) 17. Adequate drinking, hand washing. and toilet facilities shall be provided for employees and customers. at all times. For 4 or less part-time employees on site and 10 or less customers per day. 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. (Department of Public Health and Environment) 18 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) 19. The property owner shall control noxious weeds on the site. (Department of Public Works) 20. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking (Department of Public Works) 21, There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 22. 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) 23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 24. 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) 25. Building permits may be required. per Section 29-3-10 of the Weld County Code Currently. the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code. and 2017 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) 26. 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) 27. 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) 28. 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) 29. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 8 30. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 31. 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 Public Health and Environment) 32. 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. 33. 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 RESOLUTION USR18-067 ADAM HILTON AND LASHAWN LAGUARDIA HILTON PAGE 9 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. PL MSe3 1211% )201% SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 18 2018 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 1230 pm Roll Call. Present: Michael Wailes, Bruce Sparrow. Gene Stifle. Tom Cope. Lonnie Ford. Richard Beck, Elijah Hatch, Absent: Bruce Johnson. Skip Holland Also Present: Kim Ogle. Chris Gathman, and Angela Snyder. Department of Planning Services. Lauren Light and Ben Frissell. Department of Health: Evan Pinkham. Hayley Balzano. and Mike McRoberts. Public Works: Frank Haug. County Attorney. and Michelle Wall. Secretary. Motion: Approve the December 4. 2018 Weld County Planning Commission minutes, Moved by Gene Stille. Seconded by Elijah Hatch. Motion passed unanimously. Motion: Move USR18-0067 on the Agenda from -Hearing Items D" to 'Hearing Item A". Moved by Michael Wailes. Seconded by Tom Cope Motion passed unanimously. CASE NUMBER: APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR 18-0067 ADAM HILTON AND LASHAWN LAGUARDIA CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT S2 LOT 11, BLOCK 1 JO ANN SUB, PART OF SECTION 26 Ti N. R66W OF THE 6TH P.M . WELD COUNTY COLORADO WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445 FEET NORTH OF CR 4 Chris Gathman. Planning Services. stated that due to a scheduling conflict with both the applicant and applicant's representative not being able to attend today's Planning Commission hearing. they have requested that the case be continued Adam Hilton and Brian DeBauche are involved in a trial in Denver District Court Division 203 until Friday of this week Staff recommended the case be continued to the February 19. 2019 Planning Commission Hearing and Board of County Commissioner hearing on March 13, 2019. Chair Wailes asked if this case has an active violation. Mr Gathman explained there is an active zoning violation on the property. Staff stated this case was continued once before on November 6. 2018 due to a scheduling conflict. The applicant has informed staff that they are not currently working very much on the property because it is their off season Commissioner Wailes asked what effect continuing the case would have on the zoning violation Mr. Gathman said he was not aware of a stipulated court deadline the applicant had to meet. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application Ron Garrett. 1 142 Bailey Drive, Brighton. Colorado, stated that he would try to be at the continued hearing but is running out of vacation time He said this is the third time he has come here and it is getting difficult for him and his neighbor Mr. Carranco to keep coming. Commissioner Cope asked Mr Garrett if he was a neighbor Mr Garrett said he lives directly across the street from the applicant and that his neighbor Mr Carranco lives next door to the applicant. Commissioner Cope commented that if the applicant is under violation and has asked for another continuance. they should not be allowed to do business on the property during this time. Commissioner Stille said he agreed with Commissioner Cope but wasn't sure the Planning Commission could ask them to discontinue their operation. Mr Haug explained the Planning Department and the County Attorney's Office could proceed with an action if this Board requested that. Mr. Haug asked Mr. Gathman if there is a court date set up for this violation_ Mr_ Gathman said he would find out_ Mr. Haug explained that the Planning Commission can make the decision to not continue the case if that is what they wish to do. The Chair asked Mr. Haug if the applicant had to be present at the hearing if they chose to not continue the case. Mr Haug said the applicant has the burden of proof and if they aren't present the planning commission will have to consider whether that burden has been met based on the evidence in the record. Commissioner Cope expressed concern if the case continues and it can't be heard until the end of February by Planning Commission and heard by the Board of County Commissioner until March, the applicant is active with the business during this time. Commissioner Cope said he feels if the applicant has already been granted a continuance. he wouldn't have an objection to denying the request for a second continuance. He said the Planning Commission is a recommendation to the County Commissioners and if they do not grant the continuance, the Board of County Commissioners will hear the case in January. Motion: Denial of Continuance of Case USR18-0067 Moved by Tom Cope, Seconded by Lonnie Ford. Commissioner Beck stated that he disagrees with the motion and added that he thinks they should set a date to continue it. However, the applicant should be aware that this case would not be allowed to be continued again. Commissioner Sparrow asked Mr_ Gathman how the process was explained to the applicant. Mr. Gathman said he received an email at the end of the day on December 17, 2018 stating they would not be able to make the hearing. Mr. Gathman was out of the office doing a field check of the site when the e-mail was submitted. Mr Gathman explained they needed a formal written statement requesting the hearing to be continued. A specific e-mail requesting the continuance was provided prior to the hearing and this was the request that staff presented to the Planning Commission at the beginning. Commissioner Beck asked Mr. Gathman when the soonest date for a Planning Commission hearing would be. Mr. Gathman explained the continued hearing was scheduled for today and scheduled with the Board of County Commissioners on January 16, 2019. The next Planning Commission hearing is January 15. 2019 so the County Commissioner hearing would have to be moved as well. Mr. Gathman explained both hearings cannot be a day apart from each other. Vote: Motion passed (summary: Yes = 5, No = 2. Abstain = 0). Yes: Bruce Sparrow. Elijah Hatch. Gene Stille, Lonnie Ford, Tom Cope No: Michael Wailes. Richard Beck. Chair Wailes stated that the hearing for USR18-0067 will proceed. Chris Gathman, Planning Services. presented Case USR18-0067, reading the staff recommendation for denial and comments into the record Staff stated that this application had been submitted in response to a zoning violation (ZCV18-00066). Staff has received one letter of objection and one petition of objection signed by seven property owners and tenants of nearby properties. Staff received a phone call from a nearby property owner who requested to review the application. The Department of Planning Services recommends denial of this application with the attached conditions of approval and development standards. Commissioner Sparrow asked if the applicant was working on his own race cars as a hobby or if it is a business. Mr. Gathman explained that the applicant does work at an off -site repair shop but he is also doing a car repair business at this location and that this business (at this location) is being advertised on Facebook. Mike McRoberts. 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 controland the Waste Handling Plan. Commissioner Stifle asked if Ms. Light had stated the residence was on an unregistered well. Ms. Light said she did and the applicant will need to register the well with the State of Colorado. Commissioner Sparrow asked about different noise levels with motorcycles and vehicles. Staff shared the statistics. Commissioner Wailes asked if the applicant was present. The applicant was not present. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Carranco. 1161 Bailey Drive. Brighton, Colorado stated that he lives next door to the applicant. Mr Carranco explained he is upset about the high noise levels that come from the racing cars. He said the neighbors who live a half a mile away. complain about the noise that goes on night and day. Mr. Carranco said the applicant has no consideration for the people who live in the subdivision or their livestock. He is concerned about the traffic and that the applicant uses Bailey Drive to test drive the vehicles. Mr Carranco has lived in the neighborhood for over 35 years and has enjoyed it until now. He said the applicant recently put up a fence, but he can still see everything from his property. Mr. Carranco said the applicant brings in a semi -trailer filled with mini race cars that they drive around in the applicants back yard. Commissioner Stille asked if the race cars cause a lot of dust. Mr. Carranco said the Bailey Drive is a dirt road so there is a lot of dust when they are test driving the cars on the dirt road. Commissioner Sparrow asked if the race cars are unlicensed vehicles being driven on a public road. Mr. Carranco said he drives motorcycles and race cars on the public road_ Commissioner Ford asked how late in the evening the applicant generally works. Mr. Carranco said he works all hours. They have heard him anywhere from 6:00 a.m. to 10:00 p.m. Mr. Carranco said he just works on them whenever he has time. He said they have called the Sheriff's office many times about the noise. Ron Garrett. 1142 Bailey Drive. Brighton. Colorado said he is a neighbor of the applicant. He is very concerned about the noise levels now and can't imagine how loud it will be if the business is approved. Mr. Garrett stated that during summer hours. he has heard them revving engines at 10:45 pm and has had to close his windows and even wear ear plugs. He said it is difficult to sleep and he has to go to work the next day. Mr. Garret said the people live in the country for peace and quiet. He said he doesn't want to live in the subdivision if this business is approved and thinks a lot of the neighbors feel the same. Mr. Garret stated that he would like the applicant to pursue his passion. but just not on Bailey Drive. He thinks the business should be in a commercial zoned area. Commissioner Ford asked how many neighbors signed the petition. Mr Garrett said that seven people out of the 15 homes in the subdivision signed the petition. Commissioner Cope asked Mr. Garrett to point out the homes of the petition signers on the map. Commissioner Cope commented that the impact of the noise level is impacting the whole area not just a small area in the subdivision. The Chair asked the staff if they had any adjustments to the Development Standards and Conditions of Approval. Lauren Light, Environmental Health, commented that it was up to the Board, but Development Standard 14 could be changed to noise levels allowed in the "Residential Zone" instead of the "Commercial Zone" since it is in a Residential Subdivision. Commissioner Ford said it is a residential area so they should have residential zone noise standards. Commissioner Wailes said he agrees but there are a lot of USRs that have commercial zone noise standards. Ms. Light said if the site is in residential subdivision, it is typical to have residential noise standards Commissioner Ford said he feels the Planning Commission should amend the development standards to residential and forward to the County Commissioners for the final decision. Mr. Gathman stated that he looked up the operation on Facebook before while preparing the staff recommendation prior to the 11/6/2018 Planning Commission Hearing. Motion: Amend Development Standard 14 and change the word "Commercial" to -Residential.'. Moved by Bruce Sparrow, Seconded by Elijah Hatch. Motion passed unanimously. Motion: Forward Case USR18-0067 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial. Moved by Gene Stifle. Seconded by Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford. Michael Wailes, Richard Beck. Tom Cope. Commissioner Stille stated the recommendation for denial is based on Section 23-2-220 and that he agreed with staffs recommendations. Commissioner Hatch and Commissioner Cope said they agreed with staffs recommendations. Meeting adjourned at 4:16 pm Respectfully submitted, 4ntsailieti cif Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip sQ?IW C rYa)1(c //E l Bets 1Pi pr, er7htcMCo n c3 1-1 el �a ►C v �'c F0603 1 c' C'Q ► r y,-(-� k N�c�-� /�� 3(CC l 54-a c c_le G -�k ,) Lam+ �� ' 1-,� CC etc&C, &C/ C S -1 e.�rc�.�.,,.Vw t frr �,s,CeL t /� you/4 5 3 clZ15 jS210,,Lj--Oit �O ` O` l�(,� jl�°b,ftbr19-®Abl'cmii � ,Q (LC Go4rTr I r il�- 1n\ C (el 1nMI l_ Q -- 4 eQ -3 1 d / t ck; DL lVr Ck vc i vivre €' yc4ce.cc-4 - CDI_ tri 2-7,7--,A14-2/137;50 C c',E `J'// �17D6l OOfJ llf 1iLlr L , f.. ,' ,-I,rl Is4.`9 - re PL des dluA-;on Z.�IG�Zo�9 EXHIBIT S BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION U RI$-OO(a RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stifle. 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. USR18-0067 APPLICANT: ADAM HILTON AND LASHAWN LAGUARDIA PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: S2 LOT 11, BLOCK 1 JO ANN SUB: PART OF SECTION 26, T1 N. R66W OF THE 6TH P.M.. WELD COUNTY, COLORADO LOCATION: WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445 FEET NORTH OF CR 4 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 The Planning Commission finds that the use is consistent with Chapter 22 and has met this criteria Section 23-2-220 A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 22-2-20.1.5 A. Policy 9.5 —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. The Planning Commission finds it is consistent with intent of the A (Agricultural) Zone District. The Planning Commission finds that the proposed business will have minimal impact on surrounding property owners. Those people who voiced objection at the Planning Commission Hearing were related to personal use of the property and not the business use of the property. Therefore. the business itself will not have an adverse impact. C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The Planning Commission finds that the property owner's business use will be able to comply with the noise standard and other development standards The applicant has installed fencing along the north property line between the shop and the adjacent residence. Also, they are proposing to limit the number of vehicles temporarily stored on -site (until they are worked on). The applicant has provided an updated questionnaire since the initial Planning Commission hearing in December. The questionnaire indicated that noise is already generated from vehicles and ATVs utilizing dirt tracks in the area (including other properties in the subdivision) along with noise coming from owners and members on the race team that work on their own personal vehicles on this property that is not associated with this proposed USR The application also indicates that the business does not possess machinery or equipment that would generate noise. smoke. refuse or oil. or other wastes or fumes that would disturb neighboring properties. The activities (dirt tracks and working on someone's own race cars) appear to refer to non- RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 2 commercial activities that are not regulated under the USR process. The application indicates that the volume of traffic coming to the site will be quite low and typically involves projects such as frame up rebuilds and engine replacements. The application indicates that activities associated with engines (including engine replacements) could be associated with this business_ Section 23 -2 -220.A.4 --That the uses which would 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 this Code or Master Plans of affected municipalities. The Planning Commission finds that the proposed business will be compatible with future development of the surrounding area Section 23 -2 -220.A.5 --That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the County. The Planning Commission finds that the use is consistent with Articles V and XI of this Chapter and has met this criteria. F Section 23-2-220 A 6-- That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use The Planning Commission finds it is consistent with intent of the A (Agricultural) Zone District. The Planning Commission finds that the proposed business will have minimal impact on surrounding property owners. Those people who voiced objection at the Planning Commission Hearing were related to personal use of the property and not the business use of the property Therefore. the business itself will not have an adverse impact Section 23-2-220.A.7 — There are adequate provisions for the protection of the health. safety. and welfare of the inhabitants of the neighborhood and County The Planning Commission finds that the proposed business will have minimal impact on surrounding property owners. Those people who voiced objection at the Planning Commission Hearing were related to personal use of the property and not the business use of the property. Therefore. the business itself will not have an adverse impact 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. Should the Board of County Commissioners approve the proposal. the Planning Commission recommends the following conditions: 1 Prior to recording the plat: A. The applicant shall address the comments of the Division of Water Resources. as stated in the referral response dated 8/23/2018 Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B A change of use building permit shall be submitted for the building in which the automobile repair and modification occurs. (Department of Building Inspection) C All derelict vehicles on the property shall be addressed by one of the following: Vehicles shall be screened by an opaque fence from adjacent properties. RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 3 Vehicles shall be stored in a building. Vehicles shall be removed from the property. (Department of Planning Services/Zoning Compliance) D. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0067 (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 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the lighting which shall adhere to the Weld County Code. (Department of Planning Services) 7. The vehicle storage area (for vehicles to be worked on) shall be indicated. (Department of Planning Services) 8. All signs (if applicable) 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) 9. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 10. Bailey Drive 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 on the site plan the existing right-of-way. 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 (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 12. Show and label the entrance gate 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) 13. The applicant shall show 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) 15. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 4 2. Upon completion of Condition of Approval #1 above the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services_ Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 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_ (Departmentof 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 added for each additional three (3) month period (Department of Planning Services) 4 The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review". as appropriate. Acceptable format is a projected ESRI shapefile (.shp. _shx. .dbf. .prj) with a defined coordinate system (i e.. NAD 1983 UTM Zone 13N. WGS 1984. NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc,). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A_ If more than 1 acre is to be disturbed. a Weld County grading permit will be required. (Department of Public Works) 6. 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 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 Richard Beck VOTE: For Passage Against Passage Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Absent Bruce Johnson Bruce Sparrow 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. RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 5 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 February 19, 2019 Dated the 19th of February. 2019 Michelle Wall Secretary RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Adam & LaShawn Hilton USR18-0067 A Site -Specific Development Plan and Use by Special Review Permit, USR18-0067, for Home Business (automobile modification & repair) 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 6:00 p.m. - 8:00 p.m. Monday — Friday and 10:00 a.m to 6:00 p.m. (Department of Planning Services) 4. The number of outside employees shall be limited to two (2). (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. A maximum of three (3) vehicles (to be worked on) can be stored, staged outside at any given time. (Department of Planning Services) 7. The screening on the site shall be maintained. (Department of Planning Services) 8. All automobile repair and modification work shall occur indoors. (Department of Planning Services) 9. 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) 10. 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) 11. 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) 12. 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) 13. 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. (Department of Public Health and Environment) 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well cannot be used for the business unless it is permitted to allow commercial use. (Department of Public Health and Environment) Residential 16. 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 and Environment) RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 7 17. Adequate drinking, hand washing. and toilet facilities shall be provided for employees and customers, at all times For 4 or less part-time employees on site and 10 or less customers per day. 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. Portable toilets shall be screened from public view. (Department of Public Health and Environment) 18. 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) 19. The property owner shall control noxious weeds on the site. (Department of Public Works) 20. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 22. 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) 23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 24. 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) 25. Building permits may be required. per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County. 2012 International Codes, 2006 International Energy Code, and 2017 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) 26. 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) 27. 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) 28. 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) 29. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 8 30 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit. and of the outcome or disposition of any such compliance advisory or other notice of non-compliance (Department of Public Health and Environment) 31 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 Public Health and Environment) 32 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 states 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. 33. 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 RESOLUTION USR18-0067 ADAM HILTON AND LASHAWN LAGUARDIA PAGE 9 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 ?cmon\)-ies ozmizolo\ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 19, 2019 b 1 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, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland. Absent: Bruce Sparrow, Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, and Maxwell Nader, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion: Approve the February 5, 2019 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Lonnie Ford. Motion passed unanimously. CASE NUMBER: USR18-0067 APPLICANT: ADAM HILTON AND LASHAWN LAGUARDIA PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: S2 LOT 11, BLOCK 1 JO ANN SUB; PART OF SECTION 26, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445 FEET NORTH OF CR 4. Chris Gathman, Planning Services, explained this case originally went before the Planning Commission on December 18, 2018. The applicant was not able to attend the hearing. The recommendation of denial from the Planning Commission was presented to the Board of County Commissioners on January 16, 2019. The Board of County Commissioners directed staff to remand the case back to the Planning Commission. Planning staff sent out new notices, republished the notice and reposted a sign. Mr. Gathman presented Case USR18-0067, reading the staff recommendation for denial and comments into the record. Staff stated that this application had been submitted in response to a zoning violation (ZCV18-00066). Mr. Gathman stated that the applicant submitted an updated application in January and has been submitted as part of the record. Staff received one letter of objection, one petition of objection signed by seven property owners and tenants of nearby properties, and one phone call from a nearby property owner who requested to review the application before the December 18, 2018 Planning Commission Hearing. Staff has received two subsequent letters that were expressing support for the application that were submitted after the December 18'^ Hearing. The Department of Planning Services recommends denial of this application with the attached conditions of approval and development standards. Mike McRoberts. 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. Ms. Light stated they would like to amend Development Standard 17 to add "portable toilets shall be screened from public view". She also stated they would like to amend Development Standard 14 to read "Residential Zone" noise levels instead of "Commercial". The Chair called a recess at 12:54 p.m. and reconvened at 1:10 p.m. Brian DeBauche, 401 Kalamoth Street, Denver, Colorado, stated he is the attorney for the business. Mr. DeBauche stated that Adam Hilton, the property owner has lived on the property for over 11 years. Mr. DeBauche explained that in the past, Mr. Hilton has been a participant at Colorado National Speedway racing various classes of vehicles. Mr. DeBauche said there is a community of race car drivers that have met at the applicant's home to work on the cars, take cars to the track or meet up to have barbeques. He explained that last summer their children raced go karts that had lawn tractor engines in them. Mr. DeBauche assumes that some of the noise caused from these get togethers is what may have caused some of the noise complaints from the neighbors. He said the noise from these vehicles or go carts would have not exceeded the residential noise levels. Mr. DeBauche explained that they work on higher performance vehicles, street performance vehicles, and occasionally a race car every now and then. The applicant does things such as frameup rebuilds and engine replacements. He said they have another location that they take projects to when they will exceed residential noise levels. They have a shop located outside of the County that they take automobiles to for tune-ups and engine testing. Mr. DeBauch said that Mr. Hilton has a full-time job at Jackson's Automotive in Northglenn. Mr. Hilton works on high performance vehicles at his home on occasion and after his regular full-time job. Mr. DeBauch said they never realized that neighbors had a problem with the noise levels until after they applied for the USR and heard the complaints. He said they never had a Sheriffs officer come out for a noise complaint. Mr. DeBauch said that now that they know the neighbors have an issue with the noise, they have immediately worked to decrease the noise coming from the property. He explained that the applicant uses hand tools, not air tools, and keeps the 40' x 60' shop door closed while he is working on his projects. Mr. DeBauch said he feels that the business meets all the conditions of approval and development standards required by the County. Commissioner Ford mentioned that at the December 18`n Planning Commission Hearing, they heard complaints about noise. Commissioner Ford asked if they did open muffler engine testing in the past. Mr. DeBauch said he thinks the complaints were because of the noise from the go karts. Mr. DeBauch also stated that they do not drive dirt bikes on the County road. Commissioner Ford asked if the go karts are part of the business or if they are a hobby. Mr. Hilton replied the go karts are for personal use for the kids. Commission Ford asked if the business does any work on motorcycles. Mr. Hilton replied no, but his child has a mini bike. Mr. Hilton explained that in the past he built two large big -blocked blown engines for a jet boat and ran the engines for about 45 seconds. Mr. Hilton explained he will never do that kind of a project on his property again. The boats and his personal vehicles did not have anything to do with the business. Mr. Hilton said he is on the Rules Committee at the Race Track, so he knows the importance of following a noise decimal rule in Weld County. He explained he never races his business vehicle on the property; The engines are started when the vehicle leaves the property. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ron Garrett, 1142 Bailey Drive, Brighton, Colorado stated that he is concerned about the noise. He said his only estimate on noise for what the future holds is based on the past. Mr. Garrett said he lives in the country for peace and quiet and that race car engines are very loud. He said there has been several times in the past summers where it is after 10:30 p.m., he is trying to go to sleep, but it is insanely loud from race car engines. Mr. Garrett said the lack of sleep has affected his work. He is frustrated and fears the noise will continue. Mr. Garrett is concerned that the business will bring more noise and he feels the country is not zoned for commercial use. Commissioner Beck asked Mr. Garrett how often the noise has affected him in the last 6 — 9 months. Mr. Garrett said it is in the summer months and during racing season. Mr. Garrett said he would estimate that there were 3 nights that is were very loud after 10:30 p.m. affecting his sleep. Commissioner Cope asked Mr. Garret to explain the engine noise he has heard. Mr. Garrett said he does not have a racing background but the sound he hears is what would be comparable to a race car at a race track. He said the engine has a high -pitch sound. Commissioner Ford stated that the applicant has said they are not testing engines for the business. He asked Mr. Garret if the engine noise could be from an event such as a party. Mr. Garrett replied it sounded like a few people may have been over working on cars. He said it sounded like they were working on an engine because they were revving up the engine and holding it there for a while. John Carranco. 1161 Bailey Drive, Brighton, Colorado, said he lives next door to the applicant. He has lived on his property for over 35 years. Mr. Carranco explained the neighborhood was quiet and peaceful before the applicant moved next door. He said the revving of the engines is very loud and neighbors who live a quarter of a mile away have asked him what he is going to do about it. Mr. Carranco started a petition and had neighbors sign it that have been affected from the noise. He said that Bailey Drive is used to run motorcycles, etc. up and down the road. Mr. Carranco said a lot of dust is created from the dirt roads. He said he called the Sheriffs office to report the noise. Mr. Carranco stated that the applicant is working on motor bikes and other vehicles (anything that runs). Commissioner Ford asked Mr. Carranco if the reason he called the Sheriffs office was because of the motorcycles going up and down the road. Mr. Carranco said it was because of the noise from the applicants property, the dust and the use of the road. Commissioner Ford said he didn't see any correlation to the applicant's shop noise; He said it sounds like the noise is coming from people riding their motorcycles or kids riding their go karts. Mr. Carranco said the applicant works on motorcycles, race cars, stock cars, recreation bikes or anything with a motor. Commissioner Cope stated that the Planning Commission has to evaluate the business the applicant is applying for. He explained that the applicant has the right to work on his own motorcycles or friends motorcycles as long as he is not taking payment for that. Mr. Hilton explained that the race track in the neighborhood has nothing to do with him. He does not let his kids ride down Bailey Drive or any public roads. Mr. Hilton explained that Mr. Carranco has called the police on multiple people in neighborhood. He said that the Sheriff has been to his property twice for unrelated reasons and nothing to do with the business or noise complaints. Mr. Hilton addressed the issue of the high pitch engine noise. He thinks that is when he worked on the boat engine and will not ever do that again He stated that he has an air compressor — but the only thing he uses it for is to inflate tires. He stated he has not had a race car on his property in approximately 2 years. Commissioner Cope asked the applicant if he has to start up the vehicles to remove them from the property. Mr. Hilton explained it depends on the vehicle. He explained that some vehicles with the new electronics have to be programmed and tuned on a Dyno and cannot be started on -site. Mr. Hilton said the race cars are his own vehicles and he starts them to load them on the trailer. He stated he has not worked on an outside race car on his property in approximately 2 years. Commissioner Holland asked for clarification from the applicant. He asked him if he lives on the property and where his full-time job was located. Mr. Hilton said he lives on the property and he works full-time from 8:00 a.m. — 5:00 p.m. at Jackson's Automotive in Northglenn, Colorado. He has been there for 3 % years. Mr. Hilton explained one of the reasons for wanting a business is the discount for ordering car parts. Commissioner Holland asked if there are part-time employees working on vehicles while he is at work. Mr. Hilton explained that if he needs help with a project, either his best friend or his brother-in-law help him out. Both of those gentleman work full-time with Mr. Hilton in Northglenn. Motion: Amend Development Standard 14 to the Residential Noise Level, as recommended by staff. Moved by Tom Cope, Seconded by Elijah Hatch. Motion passed unanimously. Motion: Amend Development Standard 17 to add portable toilets shall be screened from public view, as recommended by staff. Moved by Michael Wailes, Seconded by Lonnie Ford. Motion passed 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. Assistant Attorney Choate reminded the Planning Commissioners that because the Planning Staff recommended denial of this case, the Draft Resolution is in compliance with that recommendation. Mr. Choate explained if the Commission chose to recommend approval for this case, the sections of the County Code will need to be identified as to the reasons on how the applicant has met the provisions in Section 23-2-220. Chair Wailes addressed the applicant and said they should be cognition of the fact your neighbors think all the noise is coming from the business instead of their personal vehicles and hobbies. Commissioner Cope read the County's definition of a Home Business and said he felt the definition is met and that he didn't feel the business would exceed noise standards. He said he didn't have an objection to the business, but he feels the applicant's hobbies are what is causing the issues with the neighbors. Motion: Forward Case USR18-0067 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 Gene Stille, Seconded by Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Bruce Johnson, Bruce Sparrow. Commissioner Stille stated that the applicant has met all of the criteria in Section 22-2-220, Section 22-2-220.1.5, and Section 23-2-220.A.2. Commissioner Beck said that the applicant has complied with Section 22-2-220.A.1. of the Weld County Code. Commissioner Holland confirmed that the Commission was recommending approval of the case and not agreeing with Staff recommendation of denial. Commissioner Beck said that applicant should now be aware that his extraneous activities that involve motors are causing issues with the neighbors. The neighbors believe the noise is from the business. Commissioner Hatch agreed that the applicant has met the criteria in Section 23-2-220.A.1. and Section 22-2.20.1.5. Commissioner Cope said he agrees with his fellow commissioners. Commissioner Stille told the Staff that they did an admirable job but based on additional information and what the applicant stated has swayed his decision. He hopes the applicant takes care of the extraneous noise that is apart from their business. Commissioner Stille thanked the staff for their work. Chair Wailes agrees the other commissioners. He said the applicant has shown they will be able to meet all 7 criteria of Section 23-2-220.A. He would stress the applicant is cognizant of the noise from their hobbies because it could be damaging to the business. Meeting adjourned at 5:51 pm. 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