HomeMy WebLinkAbout20181230.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission, Be it resolved by the Weld County Planning Commission that the application for.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR17-0066
R 17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A AND TWO HOME
BUSINESSES ONE BEING FOR THE STORAGE OF UP TO TWO (2)
COMMERCIAL VEHICLES AND INDOOR STORAGE OF SUPPLIES FOR A
CARPET LAYING BUSINESS. AND A SECOND HOME BUSINESS FOR A TAX
PREPARATION BUSINESS TO BE CONDUCTED ON SITE IN THE A
(AGRICULTURAL) ZONE DISTRICT
NW4 SECTION 10. T5N. R65W OF THE 6TH P.M WELD COUNTY. COLORADO
NORTH OF AND ADJACENT TO THE INTERSECTION FOR EAST 16TH STREET
AND DELWOOD AVENUE
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 proposed use is in an area that can support this proposal. 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.
Section 22-2-20.F.2. - A.Policy 6 2 states, Support opportunities. such as but not limited to
hobby farming and home businesses. to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle "
The two proposed home businesses will allow the property owner to supplement family
income and reduce living expenses by allowing the property owners to live and work from
their homesite Both proposed home businesses will be run primarily by the property owners
and their children that live on site. with up to two (2) external full-time employees on a
seasonal basis proposed for the tax business and no external employees proposed for the
carpet/flooring instillation business. There is one proposed commercial vehicle that will be
primarily used for the carpet/flooring installation business and stored on site for the sole use
by the property owner for this proposed business. There will also be up to 10 customers
visiting the site per day for the tax preparation business during peak tax season
The proposed second single family dwelling on site would also provide the applicant the
opportunity to supplement family income if the second home onsite is used as a rental home.
Section 22-2-20.F.3. - A.Policy 6.3. states -Encourage multi -generational, caretaker, guest
and accessory quarters. "
The approval of this second dwelling as the secondary residence on site would also allow the
applicant to use the second dwelling to house unrelated persons as well as family
Section 22-2-20 H. - A.Goal 8. states. -Ensure that adequate services and facilities are
RESOLUTION USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
PAGE 2
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water service provided to the site though a 3/4" water tap provided by North
Weld County Water District through meter #1706002 Per a letter from the water district
provided to the planning department in the USR application dated November 16. 2017, the
current tap on site can be used for both homes and the business and the water district stated
no concerns with the proposed use.
According to the Weld County Environmental Health Department referral, the parcel currently
has one (1) permitted septic system that is permitted to service both homes on site, Septic
Permit (SP -1500111). The existing detached building used for the tax business and proposed
to be used for indoor storage for the flooring business does not have water or sewer. As
indicated in the application, there will be only one employee (property owner) for the flooring
business which will utilize the site for storage before heading to job sites. The tax service
portion will have ten (10) or fewer customers per day at the busiest times of the year and will
also have two (2) full time employees on a seasonal basis (January to April). otherwise only
one employee (property owner) will utilize the site for the tax business. Portable toilets and
bottled water can be used for employees who are on site for two (2) consecutive hours or
less, or if there are two (2) or less full-time employees on site and/or ten (10) or fewer
customers or visitors per day. The application did not indicate if portable toilets or bottled
water would be used. If the existing septic system will be utilized for the business. an
engineer review is required If the system is found to be inadequate a repair permit must be
submitted and the system shall be brought up to current requirements.
B Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District
Section 23-3-40 M of the Weld County Code allows through the approval of a Use by Special
Review Permit (USR) in the (A) Agricultural Zone District for one (1) single-family dwelling
unit per lot other than those permitted under section 23-3-20.A. (second single-family dwelling
unit). Also Section 23-3-40.P of the Weld County Code allows through the approval of a USR
in the (A) Agricultural Zone District for Home Businesses. The proposed uses therefore are
consistent with the intent of the (A) Agricultural Zone District.
C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The lots that surround the proposed parcel that are located on the north side of E. 16th Street
are all A (Agricultural) zoned lots that are not located in a subdivision. The adjacent
Agricultural zoned lots directly to the west and east of the property are 2 8 acres and 1.1
acres in size with single family homes sites as the primary use on the lots A Zoning Permit
for a Second Dwelling for family members only (ZPSD13-0008) has also been approved on
the 2.8 -acre lot adjacent and to the west The Agricultural zoned lot located directly north of
and adjacent to the proposed parcel is approximately 90 acres in size and has a Special Use
Permit approved for a gravel mining operation (AMSUP-345) The parcels adjacent to the
proposed parcel. located south of E. 16th Street. are all zoned R-1 (Residential) and range
between 0.4 to 2.5 acres in size and are primarily used as single-family home sites located in
the Historic Townsite of Braddy The uses proposed are consistent with the allowed uses in
the Agricultural zone district There are four (4) Use by Special Review (USR) permits
approved within one mile of the proposed parcel. Three (3) of the four (4) approved USR
permits are gravel mining operations on larger Agricultural zoned lots directly north of the
proposed parcel, adjacent to the Cache La Poudre River. One (1) USR is approved
approximately 1/10 of a mile west of the proposed parcel for a Recreational Vehicle Storage
Site USR-926
The uses proposed are consistent with the current surrounding land uses in the area. The
proposed second dwelling is consistent with the neighboring lots that are primarily used as
RESOLUTION USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
PAGE 3
residential home sites. There has been an approved second dwelling on the adjacent parcel
to the west and there are also approved commercial uses on neighboring parcels that are
consistent with the type of use and intensity proposed by the home businesses in this USR
application.
The Weld County Department of Planning Services has received no responses from the
surrounding property owners in opposition to this proposed application.
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 Town of Kersey's Coordinated Planning Agreement (CPA) Area
and is located within the three (3) mile referral area of the City of Evans, the Town of Garden
City and the City of Greeley The Town of Kersey. in their notice of inquiry letter dated
November 1. 2017, stated they had no conflict with the USR proposal. The Town of Garden
City responded on January 1. 2018 with a letter stating no conflict with the proposal and the
City of Evans did not respond to the referral request.
The City of Greeley did respond to the referral request and in their referral comments. dated
November 29 2017 indicated that they have concerns with the proposed use and
development and provided a list of advisory comments from both their Planning Department
and their Development Review Engineer. In their comments the City of Greeley stated that
the subject site is within their long range (20 year) expected growth area. They also explained
that the proposed home businesses do not conform with the intensity and use permitted
through the city's current zoning code standards and would like the County to help mitigate
any chance for future non -conforming uses on sites that could be annexed into the city within
the next 20 years The City of Greeley also requested that if approved for the uses proposed
in this USR application, the board consider adding development standards to help screen the
higher intensity uses on the property from neighboring properties by requiring the installation
of a buffer yard along the eastern property boundary adjacent to E 16th street. They also
asked that adequate paved parking located outside the required setbacks on the property be
provided on the site for both the property residents and any customers of the home
occupation. Lastly. the City of Greeley also stated that their 2035 Comprehensive
Transportation Plan indicates that E 16th Street will be a two (2) lane collector roadway
requiring a 60' total public right of way (30' half right of way). They also request that at
minimum, the site map calls out the future west half of the right of way for E 16th Street and
that all proposed structures (buildings and paved areas) are set back a minimum of 25 feet
from the future right of way line
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and Xl. of the
Weld County Code.
The site is in the (Cache La Poudre Floodplain) as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map #08123C -1542E effective date
January 20, 2016. The existing 2 car garage on site is permitted by FHDP-160. The two
houses that are currently on the site are not in the current effective floodplain. Any
improvements and new construction in the floodplain require a Flood Hazard Development
Permit
The site is in the Greeley -Weld County Airport Overlay District, the Greeley -Weld County
Airport did not respond to the referral request for this USR application.
The site is not located within a Geologic Hazard Overlay District,
Building Permits issued on the lot will be required to adhere to the fee structure of the
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GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
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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.
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 home site is located on approximately 1.43 acres in the A (Agricultural) zone
district. The soil designation for the site is "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Due to the classification given, the proposed USR
will not take Prime (Irrigated)' Farmland out of production.
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. All derelict vehicles and personal items stored outside and located on the property must be
moved outside of the 100 -year floodplain boundaries. The items. if remaining. on site and
outside of the 100 -year floodplain boundaries must also be screened from all adjacent
properties and public rights -of -way, or be completely removed from the property. For a vehicle
to be considered non -derelict it must be operational with current tags and license plates and
evidence of such shall be provided to the Department of Planning Services. (Department of
Planning Services)
The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection. as stated in the referral response dated January 23, 2018 Evidence of
such shall be submitted. in writing. to the Weld County Department of Planning Services.
(Department of Building Inspection)
In the event 1e app icant intends to uti ize tie existing septic system aie iome, or business
use, the septic system shall -previewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review describing the system's
abi ity •o land e t -ie proposec iydrau is oae. Tie review sia be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. n toe event tie system is found to be inacequate y sizec or constructed, the
system shall be brought into compliance with current regulations. Alternately, a new septic
system may be installed for buciness use. Evidence of such shall be submitted. in writing, to
the Weld County- Department of Planning Services {Department of Public Health and
€nvironment)
D The applicant shall attempt to address the City of Greeley. as stated in their referral response
dated November 29, 2017. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control. damage repair. and triggers for improvements will be
included (Department of Planning Services - Engineer)
RESOLUTION USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
PAGE 5
The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR17-0066 (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. Show and label on the map all existing and proposed structures on the site. (Department
of Planning Services)
6 The map shall delineate all existing and proposed outdoor lighting. The lighting will need
to adhere to Section 23-2-250 D 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 of the Weld County Code_ (Department of Planning
Services)
8 The map shall delineate an adequate parking area on site for the proposed commercial
vehicle, employee vehicles and customer vehicles. (Department of Planning Services)
9 Show and label all recorded easements and rights -of way on the map and label with the
recoded book and page number or reception number and date. (Department of Planning
Services)
10 East 16th Street 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 at full buildout.
The applicant shall delineate on the map 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. and the appropriate turning radii (60) on
the map. 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 on the property (Department of Public Works)
15. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services - Floodplain)
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 map for preliminary approval to the Weld County Department of
•
•
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Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012. should the map
not be recorded within the required one -hundred -twenty (120) days from the date of the Board of
County Commissioners Resolution. a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. 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 State Plane
Colorado North FIPS 0501 (US Feet)... etc ) This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
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)
Motion seconded by Michael Wailes
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Against Passage Absent
Gene Stifle
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 April 3, 2018
Dated the 31d of April, 2018
41 uit- 1944fizik.iYL
Kristine Ranslem
Secretary
RESOLUTION USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jose & Mariana Ramirez & Genaro Nunez
USR17-0066
A Site -Specific Development Plan and Use by Special Review Permit for One (1) Single -Family Dwelling
per lot other than those permitted under Section 23-3-20 A and two (2) Home Businesses (Tax
preparation business and a carpeting/flooring installation business) in the A (Agricultural) Zone District.
(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 for business Carpeting/Flooring Instillation Business are 8:00 a.m. — 9:00 p.m.
Monday — Sunday. (Department of Planning Services)
4. The hours of operation for the Tax Service Business are 11.00 a m. -7:00 p.m. Monday — Friday and 11:00
a.m - 5 00 p.m. on Saturdays and closed on Sundays. (Department of Planning Services)
5. The number of off -site employees for the tax service business shall be limited to three (3). (Department of
Planning Services)
6 The tax perpetration business shall be limited to no more than ten (10) customers coming to the site on
any day of the year that the tax business is approved to be open
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. 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 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)
10. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (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 and 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 and 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 facility shall operate in
accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and
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 and Environment)
RESOLUTION USR17-0066
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15. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
17. In the event the applicant intends to utilize the existing septic system at the home, 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.
Alternately, a new septic system may be installed for business use. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
18. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (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 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)
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 property owner shall control noxious weeds on the site. (Department of Public Works)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
26. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 08123C -1542E dated January 20, 2016 (Cache la Poudre Floodplain). Any
development shall comply with all applicable Weld County requirements. Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and
FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65 The FEMA definition of
development is any man-made change to improved or unimproved real estate. including by not limited to
buildings or other structures. mining. dredging. filling. grading. paving, excavation, drilling operations. or
storage of equipment and materials (Department of Planning Services - Floodplain)
27. FEMA s floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
28. Building permits are 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
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GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
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for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection (Department of Building Inspection)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code_
30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations_
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards. as shown or stated. shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
33. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas. and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover. these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
34. WELD COUNTY'S RIGHT TO FARM 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.
RESOLUTION USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
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Water has been. and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches. lakes. or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement.
ambulance. and fire Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas, in many cases. will not be equivalent to municipal services. Rural dwellers must, by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches. electrical power for pumps and center
pivot operations, high speed traffic, sandburs. puncture vines. territorial farm dogs and livestock. and open
burning present real threats Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood
-FL N16-tu -LS
- 3.2418
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, April 3. 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,
Terry Cross. at 12.30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jordan Jemiola. Lonnie Ford. Michael Wailes, Richard Beck,
Terry Cross. Tom Cope.
Absent: Gene Stifle
Also Present Kim Ogle. Chris Gathman. Ryder Reddick. Michael Hall. and Angela Snyder. Department of
Planning Services: Lauren Light and Ben Frissell. Department of Health. Evan Pinkham and Hayley
Balzano, Public Works; Bob Choate, County Attorney. and Kris Ranslem, Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST.
LEGAL DESCRIPTION
LOCATION
USR17-0066
GENARO NUNEZ AND JOSE & MARIANA RAMIREZ
RYDER REDDICK
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20 A AND TWO HOME
BUSINESSES ONE BEING FOR THE STORAGE OF UP TO TWO (2)
COMMERCIAL VEHICLES AND INDOOR STORAGE OF SUPPLIES FOR A
CARPET LAYING BUSINESS AND A SECOND HOME BUSINESS FOR A TAX
PREPARATION BUSINESS TO BE CONDUCTED ON SITE IN THE A
(AGRICULTURAL) ZONE DISTRICT
NW4 SECTION 10 T5N R65W OF THE 6TH P.M . WELD COUNTY,
COLORADO
NORTH OF AND ADJACENT TO THE INTERSECTION FOR EAST 16TH
STREET AND DELWOOD AVENUE
Ryder Reddick. Planning Services, presented Case USR17-0066. reading the recommendation and
comments into the record_
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards. Mr. Reddick requested to add a Condition of Approval 1 A Prior
to Recording the Plat that states All derelict vehicles and personal items stored outside and located on the
property must be moved outside of the 100 -year floodplain boundaries The items, if remaining. on site and
outside of the 100 -year floodplain boundaries must also be screened from all adjacent properties and public
rights -of -way. or be completely removed from the property For a vehicle to be considered non -derelict it
must be operational with current tags and license plates and evidence of such shall be provided to the
Department of Planning Services'.
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano. Engineering, reported on the drainage conditions for the site
Ben Frissell. Environmental Health reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan. Mr Frissell requested that Condition of Approval 1 B be moved
into the Development Standards
Mariana Ramirez, 1777 E 16' Street. Greeley. Colorado. stated that staff covered everything and has
nothing to add
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
EXHIBIT
a.,
1
Motion: Add Condition of Approval 1.A, as recommended by Staff, Moved by Jordan Jemiola, Seconded
by Bruce Johnson. Motion carried unanimously.
Motion: Remove Condition of Approval 1.B and move to Development Standard 17, as recommended by
Staff, Moved by Jordan Jemiola, Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR17-0066 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow. Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Meeting adjourned at 7:46 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
•
•
2
ATTENDANCE RECORD
NAME -PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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