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Home My WebLink About20183118.tiff EXHIBIT � s BEFORE THE WELD COUNTY COLORADO PLANNING COMMISSION ��2i �_d � y RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Elijah Hatch , 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 : USR18-0034 APPLICANT LUIS MARTINEZ PLANNER CHRIS GATHMAN 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 PERMIT IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL VEHICLE AND EQUIPMENT STORAGE ASSOCIATED WITH A CONCRETE CONSTRUCTION BUSINESS ) 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 IN THE A (AGRICULTURAL ) ZONE DISTRICT . LEGAL DESCRIPTION : LOT A REC EXEMPT RE-3292 : PART NW4 SECTION 12 , T3N , R68W OF THE 6TH P . M . , WELD COUNTY , COLORADO . LOCATION SOUTH OF AND ADJACENT TO CR 36 AND 0 . 60 OF A MILE WEST OF CR 13 . 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 f 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. 22-2 -20 G . 2 A . Policy 7 . 2 . 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 vehicle and equipment storage area will have minimal traffic. Development standards are attached that limit hours of operation , number of employees on-site , numbers of vehicles stored on site . Additionally screening of the storage yard is required . 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 proposed use is in an area that can support this development and the existing screening , limits on numbers of vehicles parked on site , number of employees and the Development Standards . and the 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 . B . Section 23-2-220 .A. 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-340 . S delineates any use permitted as a Use by Right, an Accessory Use ; or a Use by Special Review in the commercial or industrial zone districts (concrete construction business for commercial vehicle and equipment storage) 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. RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 2 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." C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is in a rural area but is near existing residences. The property is located immediately adjacent to residences on the east and west and eight (8) residences are located within 1 half -mile of the site. Four (4) letters of opposition have been provided in response to this application. Concerns/objections expressed in these letters include: • The storage/parking area looks unsitely • Increased dust • Increased traffic • Road damage (washboarding) • Noise • Business is not operated by the property owner (it is leased by an outside party) Development standards and conditions of approval are attached which will address and mitigate impacts associated with the use. Limitations on the amount of vehicles stored on site, limits on the number of employees accessing the site, limits on the hours of operation and a requirement that the storage area be entirely screened are attached as development standards. The proposed traffic associated with the use is minimal. Three (3) passenger cars and three (3) work truck daily roundtrips are indicated for this use in the application materials. The attached development standards and conditions of approval will adequately impact the impacts associated with this use. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Berthoud, Town of Firestone and Town of Johnstown. Berthoud, Firestone and Johnstown in their referral comments, dated April 16th, April 20th and April 16th respectively indicated that they have no concerns. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 3 F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 11.61 acres "Irrigated (Non -Prime)" and "Irrigated Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed parking and storage area is located on the property delineated as "Irrigated (Non -Prime)". 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 neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0034. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.0 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 screening. The vehicle, equipment and material storage area (with the exception of the access gate) shall be entirely enclosed by a 6 -foot opaque fence. (Department of Planning Services) 6. The limits of form/material storage (non -vehicle parking/staging) shall be indicated on the map. (Department of Planning Services) 7. The map shall delineate the lighting. (Department of Planning Services) 8. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 10. County Road 36 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) RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 4 11. Show and label the approved access locations, approved access width (24-36') 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) paper copy or 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 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 mapsAco.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. RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 5 VOTE: For Passage Bruce Sparrow Lonnie Ford Richard Beck Elijah Hatch David Stahl, Sr. Against Passage Gene Stille Absent Bruce Johnson Michael Wailes Tom Cope 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 September 4, 2018. Dated the 4'h of September, 2018 Michelle Wall Secretary RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Luis Martinez USR18-0034 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0034, for 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 Permit in the Commercial or Industrial Zone Districts (concrete construction business for commercial vehicle and equipment storage) 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 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 a.m. — 8:00 p.m. Monday — Friday and 6:00 a.m to 1:00 Saturday. (Department of Planning Services) 4. The maximum number of employees on -site at any one time shall be six (6). (Department of Planning Services) 5. Vehicle and equipment parking on -site will be limited to 4 one -ton trucks, 2 stake bed trucks, 3 trailers, gooseneck trailers, 2 skid steers and 1 enclosed 6 x 10 trailer. (Department of Planning Services) 6. Stacking of concrete forms/materials onsite shall not exceed the height of the 6 -foot screening fence. (Department of Planning Services) 7. The parking area on the site shall be maintained. (Department of Planning Services) 8. 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) 9. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 11. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 12. 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) 13. 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) 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, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 7 employees on site, 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) 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 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 and Environment) 20. The property owner shall control noxious weeds on the site. (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 offsite 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. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 24. 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) 25. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 26. 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) 27. 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 2014 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) 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 8 30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 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: 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, RESOLUTINO USR18-0034 LUIS MARTINEZ PAGE 9 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. �� M m��S EXHIBIT � �/ / I � "1 � � � 9 � SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING USQJL`6 — CS.�� Tuesday, September 4 , 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 Vice Chair, Gene Stille , at 12 : 30 pm . Roll Call . Present: Bruce Sparrow, David Stahl , Sr. , Elijah Hatch , Gene Stille, Lonnie Ford , Richard Beck, Tom Cope. Absent: Bruce Johnson , Michael Wailes Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Michael Hall , Angela Snyder, Department of Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney, and Michelle Wall , Secretary. The Chair called a recess from 5 :49 p. m. to resume at 6: 00 p . m . CASE NUMBER : USR18-0034 APPLICANT: LUIS MARTINEZ PLANNER : CHRIS GATHMAN 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 PERMIT IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL VEHICLE AND EQUIPMENT STORAGE ASSOCIATED WITH A CONCRETE CONSTRUCTION BUSINESS) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION : LOT A REC EXEMPT RE-3292 ; PART NW4 SECTION 12 , T3N , R68W OF THE 6TH P . M . , WELD COUNTY, COLORADO . LOCATION : SOUTH OF AND ADJACENT TO CR 36 AND 0 . 60 OF A MILE WEST OF CR 13 . Chris Gathman , Planning Services , presented Case USR18-0034 , 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. Due to the applicant being in violation , the applicant held a neighborhood meeting held on March 23 , 2018 and four surrounding property owners attended the meeting . Seven letters of concern or opposition have been provided in response to this application . Concerns expressed include that the storage and parking area looks unsightly, increased dust, increased traffic , road damage to County Road 36 , noise , concern the business is not operated by the property owner but is leased from an outside party , tra�c safety concerns , trash , concerns it is not in compliance with the County Code and security concerns . Evan Pinkham , Public Works , reported on the existing traffic, access to the site and drainage conditions for the site. Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site dust control , and the Waste Handling Plan . Sheri Lockman , 36509 CR 41 , Eaton , Colorado , explained that the applicant is in violation and requested her to help him come into compliance with the County Code. Ms. Lockman said the storage area will be confined . She submitted documents that contained pictures of the site for the board to view. The six-foot fence will be extended to screen all sides of the area . The parking of the trucks and trailers will be behind the shed . A neighbor complained about the condition of the fence; Ms . Lockman said the fence is in nice condition . Mr. Martinez and Mr. Marquez have asked the truck drivers to drive slowly on County Road 36 . There are three trucks and three personal vehicles that use the site . 1 Commissioner Sparrow asked about the noise caused by the trucks. Ms. Lockman replied they do not work on the site, so there would just be noise when the truck is warming up, leaving and returning. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Tom Neiley, 5416 CR 36, Platteville, Colorado, said that this is an agricultural and residential area. He does not feel the concrete construction business and is not agricultural. Mr. Neiley can see equipment from over top of the fence. There have been complaints from neighbors about the trucks speeding. Mr. Neiley said there have been two complaints about livestock harassment. He said the road is in bad shape and there is a dust problem. Mr. Neiley has heard horns honking at 4:30 a.m. He feels the property looks like junk yard. Mr. Neiley is also concerned about the safety issues. Becky Zipp, 5745 CR 36, Platteville, Colorado, said she purchased their farm in 1998. Ms. Zipp moved to the country to live a rural lifestyle. Ms. Zipp does not want this business in the middle of the neighborhood. She is concerned about the increase of traffic on County Road 36. Ms. Zipp said her horses get spooked from traffic. Trash has become an issue. Ms. Zipp asked the Planning Commission to please protect her agricultural property. Cathy Sprague, 5008 CR 36, Platteville, Colorado, said she shares the same concerns as all the other neighbors. She said there was one access to the road and they added a second access for the business. Ms. Sprague stated that Mr. Martinez is leasing the property to another business in order to earn money. She feels the situation would be different if Mr. Martinez, himself, was running the business. Ms. Sprague said she believes the trucks are making more than three trips per day. Joe Zipp, 5745 CR 36, Platteville, Colorado, said he did some research on the County website regarding this application. Mr. Zipp does feel this application supports the Weld County Mission Statement, the definition of Special Use or the Special Review guidance for Weld County. He does not feel the business is compatible with the neighborhood. Mr. Zipp can see the storage area from his deck. Kevin Murphy, 5200 CR 36, Platteville, Colorado, said he lives with wife and daughter on his property. He is concerned about the noise, increased dust, road damage, the one -ton trucks with big trailers, and concerned about safety on the road. There is a blind hill and his wife had to quickly move to the shoulder to get out of a truck's way. They have noticed the trucks drive fast on County Road 35. Mr. Murphy has noticed the truck drivers honk and yell at the livestock. He is concerned about the lack of respect for their neighborhood and lifestyle. Mr. Murphy has noticed the trucks are making more than three truck trips per day at random times. The chair asked the applicant to address concerns. Ms. Lockman said the truck traffic count is based on an average. The business is a seasonal business. There is more traffic now and there will not be much traffic in the Winter. She said she was unaware of the livestock harassment; it was never addressed at the neighborhood meetings. She wished that they would have been made aware of this sooner. Ms. Lockman does not think the property looks like a junk yard and explained that is why she brought along pictures of the property. She feels it is well maintained and it will be completely screened. Ms. Lockman said that she held a community meeting with the surrounding property owners. She felt the complaints she heard were mostly a misunderstanding of what the County Code allows. She said a property owner has the right to ask for a commercial use on an agriculture zoned piece of land by having a Special Use Permit. Ms. Lockman explained that Mr. Martinez is allowed to lease his property to the business operator. Commissioner Ford asked if Mr. Martinez works for the company or if he just leases the land. Ms. Lockman explained he leases a portion of the property to Mr. Marquez for storage. Commissioner Stille asked the applicant to address the concerns about noise, honking and livestock harassment. Ms. Lockman asked Jose Marquez to address those concerns. Jose Marquez, 1064 Janna Drive, Loveland, Colorado. He is the business operator who is leasing a portion of the property for storage. Mr. Marquez apologized and said he will talk to the truck drivers about the concerns of the neighbors. 2 Commissioner Stille asked what the hours of operation are. Mr. Marquez said usually between 6:00 a.m. to 6:00 p.m. Ms. Lockman asked if the Development Standard could be amended to three trucks instead of two. Chris Gathman, Planning Services, saki the applicant is requesting to modify Development Standard 5 to read "three (3) gooseneck trailers" instead of two. Motion: Amend Development Standard 5 to read three gooseneck trailers instead of two, as recommended by Staff, Moved by Bruce Sparrow, Seconded by Richard Beck. Motion carried unanimously. Commission Beck commented that the business operator needs to address his truck drivers to slow down and be respectful to the neighbors. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0034 to the Board of County Commissioners along with the Conditions of Approval and amended Development Standards with the Planning Commission's recommendation of approval, Moved by Elijah Hatch, Seconded by Richard Beck. Vote: Motion passed (summary: Yes = 5, No = 1, Abstain = 0). Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Lonnie Ford, Richard Beck. No: Gene Stille. Absent: Tom Cope Commissioner Sparrow commented it is hard to make these decisions because of every person involved and their rights as land owners. Commissioner Stille based his reason of voting no on Section 23-2-220.A.1 through Section 23-2-220.A.4 regarding compatibility in the rural setting. The meeting was adjourned at 6:49 p.m. Respectfully submitted, Michelle Wall Secretary 3 ATTENDANCE RECORD John Doe ADDRESS EMAIL 123 Nowhere Street, City, State, Zip C caaf-mac( ZeASE %e44ce u� sue-. k.h. 1ket,r cc, b `t'1' Ste-tf 3s 7S' crc 30ex? WA. eele CO f . i' 0 0_0 o wt .0 ,4- &D W ry 4 Y\ .5 Pc `l ,der -'r aiTi g , ity). Covvr.7 e\t, sa n LC 0064-44 1 ` S_e) k X'rr\ 4,4-1 cilso fl C V a efj \J' �' yr (24 5 0 tv_,) z`lf? z7t.i- C Z ratsto ca. £Z 64 at r�Gr ( 4 tea✓ �Jo 0M.. P 36,5&9 CP 21/ E?) .,. Et96i 5 C� ASe;CicC.t? th1at U;�,,� ll ' 41 sMueu s ex-0Vnc.ac_ co X1313 J/oIccria oa.c.c,,,•l 5745 (.cJC.,tf'3(O v111 C.O 8fo51 niBBipPeemail . co qi 5-60 g C2 3(O leuttu N Ga 8'�JGSJ J�' sTir tit 3 P �� r7 rc c- �©4sk N\Q,;`0ut91 . c•,. sp c tit +M.t4 i.Cci ATTENDANCE RECORD ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip /(2 l 4vt"..- r J^ oar iQ r a /'1 f1 ( Hello