HomeMy WebLinkAbout20183503.tiff • XHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION . s ( n _ i _ " ,
1
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 : 1MJUSR17- 14-0059
APPLICANT: ALBINO BUSTILLOS , CAROLINE BUSTILLOS & CASSANDRA BUSTILLOS
PLANNER : ANGELA SNYDER
REQUEST : A SITE-SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO USE BY
SPECIAL REVIEW PERMIT USR14-0059 FOR ONE ( 1 ) SINGLE-FAMILY
DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-
3-20 . A TO ADD A HOME BUSINESS (A CONCRETE AND CONSTRUCTION
SERVICES COMPANY , INCLUDING THREE (3) COMMERCIAL VEHICLES AND
FIVE (5 ) EMPLOYEES ) , AND MORE THAN ONE ( 1 ) CARGO CONTAINER
(THREE (3) CARGO CONTAINERS ) PER SECTION 23-3-40 . BB THREE (3)
CARGO CONTAINERS ) IN AN A (AGRICULTURAL) ZONED SUBDIVISION .
LEGAL DESCRIPTION : LOT 28 ENCHANTED HILLS ; BEING PART OF SECTION 8 , T2N , R67W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO MAPLE STREET AND APPROXIMATELY 0 . 15
MILES EAST OF CR 15 .
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 not 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 . Commissioners cited to inconsistency with
the neighborhood , specifically that nearby businesses with permits were more closely related
to agriculture , including a saddlery , horse boarding , and embroidery , in contrast to a concrete
construction business . Further, that the business is not consistent with the idea of a home
business as the work all goes on offsite .
B . Section 23-2-220 . A . 2 -- The proposed use is not consistent with the intent of the A
(Agricultural ) Zone District . Commissioners cited to inconsistency with the neighborhood ,
specifically that nearby businesses with permits were more closely related to agriculture ,
including a saddlery , horse boarding , and embroidery , in contrast to a concrete construction
business . Further, Commissioners cited to the commercial nature of this business as not
being compatible and not related sufficiently to agriculture .
C . Section 23-2-220 . A . 3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses . Commissioners cited to inconsistency with the neighborhood ,
specifically that nearby businesses with permits were more closely related to agriculture ,
including a saddlery , horse boarding , and embroidery , in contrast to a concrete construction
business .
D . Section 23-2-220 . A . 4 -- The uses which will not 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 . Commissioners cited to inconsistency with the neighborhood , specifically that
nearby businesses with permits were more closely related to agriculture , including a saddlery,
horse boarding , and embroider, in contrast to a concrete construction business . Further,
Commissioners cited to the commercial nature of this business as not being compatible and
not related sufficiently to agriculture .
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 2
E Section 23-2-220 A 5--The application does not comply with Chapter 23,Articles V and XI,
of the Weld County Code
F Section 23-2-220 A 6 -- The applicant has not demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use
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
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 County Commissioners approve the proposal,the Planning Commission recommends the following
conditions
1 Prior to recording the map
A The applicant shall attempt to address the requirements of the Central Weld County Water
District as stated in the referral response dated December 28,2017 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (Department of
Planning Services)
B An Improvements Agreement and Road Maintenance Agreement is required for off-site
improvements at this location Road maintenance including, but not limited to dust control,
tracking control, damage repair, specified haul routes and future traffic triggers for
improvements will be included (Department of Public Works)
C The map shall be amended to delineate the following
1 All sheets of the map shall be labeled 1MJUSR17-14-0059 (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 screening in accordance with the Dacono,
Firestone, and Frederick Design Standards, as outlined in Chapter 19, Article Ill of the
Weld County Code Outdoor storage shall be screened from nearby residences and
rights-of-way (Department of Planning Services)
6 The map shall delineate the lighting in accordance with the Dacono, Firestone, and
Frederick Design Standards, as outlined in Chapter 19, Article III of the Weld County
Code (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23,Article IV,Division 2
and Appendices 23-C, 23-D and 23-E, Chapter 23 Article VI,and be in accordance with
the Dacono, Firestone, and Frederick Design Standards, as outlined in Chapter 19,
Article III of the Weld County Code (Department of Planning Services)
8 The map shall delineate the parking areas for three(3)commercial vehicles and five(5)
employees (Department of Planning Services)
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 3
9 Maple Street 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)
10 County Road 22(Sable Avenue)is a paved road and is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-way 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 County Road 22(Sable Avenue)is designated as a future arterial in the Firestone Master
Comprehensive Plan Contact the Town of Firestone for future right-of-way widths and
delineate on the site plan (Department of Planning Services)
12 The applicant shall show the drainage flow arrows (Department of Public Works)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Public Works)
14 Show and label the approved access locations,and the appropriate turning radii(60')on
the site plan map The applicant must obtain an access permit in the approved location(s)
prior to construction (Department of Public Works)
15 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)
16 Show and label a0 recorded easements and rights-of-way on the map by book and page
number or reception number and date (Department of Planning Services)
2 Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy
( pdf)of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
and additional requirements shall be submitted within one hundred twenty(120)days from the date of
the Board of County Commissioners Resolution The applicant shall be responsible for paying the
recording fee (Department of Planning Services)
3 In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50 00 recording continuance charge shall added for each
additional three (3) month penod (Department of Planning Services)
4 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
5 The Use by Special Review 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)
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 4
Motion seconded by Richard Beck
VOTE
For Denial Against Denial Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 16, 2018
Dated the 16th of October, 2018
Kristine Ranslem
Secretary
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Albino, Caroline &Cassandra Bustillos
1 MJUSRI7-14-0059
1 A Site-Specific Development Plan and Major Amendment to Use by Special Review Permit USR14-0059
for One (1) Single-Family Dwelling per lot other than those permitted under Section 23-3-20 A to add a
Home Business(a concrete and construction services company, including three(3)commercial vehicles
and five (5) employees) in an A (Agricultural) Zoned Subdivision, and more than the number of cargo
containers allowed as a use by right per legal lot or parcel (three(3)cargo containers)per Section 23-3-
40 BB
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 8 00 a m —5 00 p m Monday—Sunday (Department of Planning Services)
4 The number of employees shall be five (5) (Department of Planning Services)
5 Commercial vehicles shall be limited to three (3) (Department of Planning Services)
6 Commercial vehicle roundtnps shall be limited to three (3) roundtnps per day (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 and be in
accordance with the Dacono, Firestone, and Frederick Design Standards, as outlined in Chapter 19,
Article III of the Weld County Code (Department of Planning Services)
9 The landscaping and screening shall be maintained (Department of Planning Services)
10 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties and shall incorporate
Dark Sky Standards in accordance with the plan 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)
11 All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100 5,
C R S) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health & Environment)
12 No permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30 20 100 5, C R S (Department of Public Health & Environment)
13 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions,blowing debris,and other potential nuisance conditions The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health &
Environment)
14 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health&Environment)
15 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health & Environment)
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 6
16 Adequate drinking, handwashing, 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
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&Environment)
17 If the existing septic system is utilized for business use,the septic system shall be reviewed by a Colorado
Registered Professional Engineer The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of Public Health
and Environment In the event the system is found to be inadequately sized or constructed the system
shall be brought into compliance with current Regulations (Department of Public Health&Environment)
18 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems (Department of Public Health & Environment)
19 A permanent,adequate water supply shall be provided for drinking and sanitary purposes (Department of
Public Health & Environment)
20 Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance Discharges from
Surface Cosmetic Power Washing Operations to Land July 2010"as specified by the State (Department
of Public Health & Environment)
21 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code (Department of Public Health & Environment)
22 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)
23 The property owner shall control noxious weeds on the site (Department of Public Works)
24 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)
25 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
26 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
27 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
28 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)
29 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 2016
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)
30 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 7
31 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
32 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
33 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
34 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
35 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
RESOLUTION 1MJUSR17-14-0059
ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PAGE 8
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats Controlling children's activities is important, not only for their safety,but also
for the protection of the farmer's livelihood
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10 ID\
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 35)
Tuesday , October 16 , 2018 ���" SQ.'` ' L4 - 5O1
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 , Skip Holland , Elijah Hatch , Gene Stille , Michael Wailes , Richard
Beck , Tom Cope .
Absent/Excused : Lonnie Ford .
Also Present : Kim Ogle , Diana Aungst , and Angela Snyder, Department of Planning Services ; Lauren Light
and Ben Frissell , Department of Health ; Evan Pinkham and Hayley Balzano , Public Works ; Frank Haug ,
County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : 1MJUSR17- 14-0059
APPLICANT: ALBINO BUSTILLOS , CAROLINE BUSTILLOS & CASSANDRA BUSTILLOS
PLANNER : ANGELA SNYDER
REQUEST: A SITE-SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO USE
BY SPECIAL REVIEW PERMIT USR14-0059 FOR ONE ( 1 ) SINGLE-FAMILY
DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-
3-20 . A TO ADD A HOME BUSINESS (A CONCRETE AND CONSTRUCTION
SERVICES COMPANY , INCLUDING THREE ( 3 ) COMMERCIAL VEHICLES AND
FIVE (5 ) EMPLOYEES ) , AND MORE THAN ONE ( 1 ) CARGO CONTAINER
(THREE (3) CARGO CONTAINERS ) PER SECTION 23-3-40 . BB THREE (3)
CARGO CONTAINERS ) IN AN A (AGRICULTURAL) ZONED SUBDIVISION .
LEGAL DESCRIPTION : LOT 28 ENCHANTED HILLS ; BEING PART OF SECTION 8 , T2N , R67W OF THE
6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO MAPLE STREET AND APPROXIMATELY 0 . 15
MILES EAST OF CR 15 .
Angela Snyder , Planning Services , presented Case 1MJUSR17- 14 -0059 , reading the recommendation and
comments into the record . Ms . Snyder noted that five ( 5 ) letters of opposition were received from
surrounding property owners . The letters outlined concerns of breaking up the character of the
neighborhood , allowing industrial uses in the neighborhood , unsightly outdoor storage of commercial and
concrete waste , diminished property values , lack of concern for proper permitting and truck traffic . The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards .
Hayley Balzano , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site . There will be an Improvements Agreement required for road maintenance .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Jason Hepp . Blackfox Real Estate Group , 1211 Lake Avenue , Berthoud , and Albino Bustillos , 1935 Blue
Mountain Road , Longmont , Colorado . Mr. Hepp said that the intent is to utilize the property for a home
business but to ultimately construct a building to contain materials and supplies . He added that Mr.
Bustillos ' s daughter currently lives on site and he also intends to build a second home in the future to retire
there .
Mr. Hepp said that the applicant operates a construction business and that the intent of the property is to
gather before going to various job sites .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Audrey Ingram 7101 Loma Linda Court , Longmont , Colorado , stated that she lives one block south of the
site . She said cited multiple Sections of the Weld County Code and expressed concern over quality of life ,
1
property values, noise, excessive traffic, odor, and emphasized that this use is incompatible with the
neighborhood
Myrna Folsom, 7050 Loma Linda Court, Longmont, Colorado, said that she would like to see the area
remain the same as it was when she built this property over 50 years ago She inquired what the containers
will be used for and what might be stored in them Ms Folsom expressed concern with the driving safety
and traffic of the neighborhood She asked if this will comply with the 4% regulation as there are several
buildings on this site
Rod Ingram, 7316 Maple Street, stated that his property overlooks the applicant's fence He said that he
has lived there for 28 years and doesn't believe a construction business should be located here He asked
if this case is approved will the applicant still be allowed to have a horse and their ag zoning
Karen Crowfoot, 7106 Maple Street, feeds her horses in the morning and sees all the equipment though
the fence and hears all the equipment in the morning She expressed concern with the increased traffic
and driving too fast
Craig Ingram, 7101 Loma Linda Court, stated that he is in full view of the property He welcomes the
Bustillos to the neighborhood, but they don't want the construction company He added that they want to
keep the area residential and rural He requested that this case not be approved
Stacie Ingram, 7316 Maple Street, agreed with all the previous comments and stated that she is concerned
if the business will grow
The Chair referred to the 4% lot coverage and asked staff to clarify Ms Snyder said that she would need
to see the proposed building to review the 4% Rule She added that today the applicants are requesting
outdoor storage, so it doesn't count in the 4% Rule
The Chair asked if any maintenance is performed on site and what materials are brought back to the site
Mr Bustillos said that they do not perform any maintenance on the vehicles on site He added that they
only have tools (power trowels and generators)that they would bring back to the site He clarified that no
aggregate is brought back to the site
The Chair referred to the application where it identifies a proposed access from County Road 22, however,
he has heard that there is no application for that access point Ms Snyder said that was correct and added
that it never got beyond their application She added that the applicants realized that since it is a subdivision
they would only be allowed to access from an internal road Mr Hepp said that they applied for the second
access in 2017 and Firestone took forever to comment He added that in Firestone's comments they would
not recommend that an access be allowed from County Road 22 as they have classified it as an arterial
roadway He further added that they have never received an official response from Weld County on the
second access He mentioned that they have gone through multiple planners on this case so there have
been different ideas and thought processes on the correct approach to this scenario
Commissioner Holland asked if the access from County Road 22 is unavailable and the only access to the
property is from Maple Street, would it change the recommendation from Staff Ms Snyder said that the
initial application requested the commercial access from County Road 22 to keep the front end of the
property residential but since it is a subdivision they do not allow extra accesses in and out of the property
She added that they requested that the applicant utilize their driveway being the only approved access to
their property and that is why their site plan includes the primary access
The Chair said that in the recommendation the applicant is limited to three (3) round trips per day Mr
Hepp said that the purpose of that limitation was to be conscious of the creation of traffic He added that
by placing some definition then there are some things to measure against He said that the reality is that
the business is truly home in nature and it is not a big commercial operation
Mr Hepp said that the containers were brought in to alleviate the concern of outside storage of forms and
materials He added that the applicant would like to construct a building to keep trucks and materials inside
and then the containers would not be necessary at that point
2
Mr Bustillo said that he tries to be a good neighbor He added that he doesn't want to increase his business
to have more than five (5) employees
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
Commissioner Beck referred to comments in the surrounding landowner's testimony of integrity of
community and added that he doesn't think this business lends to the integrity of this community He
referred to the permitted uses in the area such as saddlery, horse boarding, embroidering company but no
construction business
Motion Forward Case 1MJUSR17-14-0059 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 citing Section 23-2-220 A 1 through A 7, Seconded by Richard Beck
Vote Motion passed (summary Yes=7, No= 1,Abstain = 0)
Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stifle, Richard Beck, Skip Holland, Tom Cope
No Michael Wailes
Commissioner Holland cited Section 23-2-220 A 3 regarding compatibility
Commissioner Cope said that he doesn't believe the use is compatible with the area He added that he
doesn't consider this as a home based type business
Commissioner Johnson concurred with the comments and added that it is the nature of the commercial
activity
Commissioner Sparrow cited Section 23-2-220 A 2 and A 3 as he doesn't believe it is consistent with the
neighborhood and it is not compatible with the neighborhood
Commissioner Beck cited Section 23-2-220 A 3 and added that this use is not compatible
Commissioner Wailes cited Section 23-2-220 A 3 and stated that he feels that this use is compatible with
the area He added that he happens to live next to one of the largest concrete contractors and on a daily
basis he is amazed at how low of an impact it has had on their community He feels that there are plenty
of ways this activity can be mitigated He does have some concerns with the access onto Maple Street and
would feel better if an access could be granted to County Road 22
Meeting adjourned at 5 23 pm
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
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ATTENDANCE RECORD
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NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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