HomeMy WebLinkAbout20150682.tiff BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. 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 USR14-0074
APPLICANT ENRIQUE& MYRNA CARILLO
PLANNER STEVE ELKINS
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
EXHIBIT PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (EMPLOYEE AND COMMERCIAL VEHICLE PARKING AND
MACHINERY/TOOL STORAGE) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS
..r-. f OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION PART NE4 SECTION 35. T5N. R66W& SE4 SECTION 26, T5N. R66W OF THE
6- P M WELD COUNTY. COLORADO
LOCATION SOUTH OF AND ADJACENT TO 49TH STREET- WEST OF AND ADJACENT
TO 35TH AVENUE RIGHT OF WAY
be recommended unfavorably to the Board of County Commissioners
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 22-2-20.G - Section 22-2-20.G.2 - A.Policy 7.2 states. "Conversion of agricultural
land to nonurban residential.commercial,and industrial uses should be accommodated when
the subject site is in an area that can support such development. and should attempt to be
compatible with the region."
B Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses
C. Section 23-2-220 A.4 -- The uses which will be permitted will be compatible with future
development of p t the
e 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
This recommendation is based. in part, upon a review of the application materials submitted by applicant,
a licant,
other relevant information regarding the request. and responses from referral entities
Should the Board of County Commissioners approve the proposal. the Planning Commission recommends the
following conditions
1 Prior to recording the map.
A. The applicant shall address the concerns of the City of Evans. as stated in the referral responses
dated December 31 2014. and January 26. 2015. Evidence of such shall be submitted. in writing.
to the Weld County Department of Planning Services. (Department of Planning Services)
B. 49th Street and the 35th Avenue Right-of-Way have been annexed by the City of Evans The City
has jurisdiction over all accesses within its jurisdiction Please contact City to verify the access
permit or for any additional requirement that may be needed to obtain or upgrade the permit. A
copy of the approved access permit shall be submitted to the Department of Planning Services.
(Department of Planning Services - Engineer)
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RESOLUTION USR14-0074
ENRIQUE & MYRNA CARILLO
PAGE 2
C. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval All parking areas shall be screened from adjacent properties and public rights of
way (Department of Planning Services)
D The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval This updated parking plan shall show the dimensions of the drives and the
parking stalls and delineate curb stops for the parking spaces (Department of Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0074. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per 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 Areas used for storage
or trash collection shall be screened from adjacent properties and public rights-of-way.
(Department of Planning Services)
5) Label the approved City of Evans access on the map with access permit number, if
applicable. (Department of Planning Services- Engineer)
6) The applicant shall label the water quality feature on the map as"Water Quality Feature. No
Build or Storage Area." and label the required volume (Department of Planning Services-
Engineer)
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
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 period (Department of Planning Services)
4 The Department of Planning Services requests respectfully a digital copy of this Use by Special
Review. as appropriate Acceptable CAD formats are.dwg, dxf, and dgn(Microstation):acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB) The preferred format
for Images is of (Group 4). (Group 6 is not acceptable). 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 prior to the
start of construction. In the event that 1 or more acres are disturbed, the applicant shall obtain a
stormwater discharge permit from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. (Department of Planning - Engineer)
RESOLUTION USR14-0074
ENRIQUE & MYRNA CARILLO
PAGE 3
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 map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Bruce Sparrow
VOTE
For Denial Against Denial Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 March 3. 2015.
Dated the 3"'of March, 2015.
Digitally signed by Kristine Ranslem
4nm. Date:2015.03.06 11:01:16-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enrique and Myrna Carillo
USR14-0074
1 A Site Specific Development Plan and Use by Special Review Permit. USR14-0074. for any Use
Permitted as a Use By Right. an Accessory Use. or a Use By Special Review in the Commercial or
Industrial Zone Districts (employee parking and the storage and parking of commercial equipment.
trucks and any related equipment) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 — 7 00 p.m Monday — Saturday as stated in the submitted
application materials (Department of Planning Services)
4 The number of full-time employees shall be thirty (30) as stated by the applicants. (Department of
Planning Services)
5. The number of semi-truck and pickup trucks accessing the site shall be fifteen(15), as stated by the
applicant (Department of Planning Services)
6. The screening/landscaping/parking on the site shall be maintained in accordance with the approved
Screening/Landscaping/Parking Plans (Department of Planning Services)
7 Should noxious weeds exist on the property. or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds.
pursuant to Chapter 15.Articles I and II. of the Weld County Code. (Department of Planning Services
- Engineer)
8. The historical flow patterns and runoff amounts will be maintained on the site (Department of
Planning Services- Engineer)
9 Weld County is not responsible for the maintenance of onsite drainage related features_ (Department
of Planning Services - Engineer)
10 There shall be no parking or staging of vehicles on City or County roads. On-site parking shall be
utilized. (Department of Planning Services- Engineer)
11 This site is located in a State Designated, Municipal Separate Storm Sewer System(MS4)Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops
further. (Department of Planning Services—Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act.
30-20-100.5. C.R S.. as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination (Department of Public Health and
Environment)
13. 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.,as amended. (Department of Public Health and Environment)
14. 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 the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
RESOLUTION USR14-0074
ENRIQUE & MYRNA CARILLO
PAGE 5
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site The facility shall be
operated in accordance with the approved Dust Abatement Plan. at all times. (Department of Public
Health and Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code (Department of Public Health and
Environment)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
portable toilets and bottled water are acceptable Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. 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)
20. A building permit may be required. per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County 2012 International Codes, 2006 International Energy
Code; 2011 National Electrical Code: A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection (Department of Building
Inspection)
21. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
22 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.
23 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.
24. 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
RESOLUTION USR14-0074
ENRIQUE& MYRNA CARILLO
PAGE 6
25. 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, 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.
Mir u+t S
I IS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3, 2015
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Steve Elkins, and Tom Parko, Department of Planning Services; Jennifer Petrik,
Department of Planning Services— Engineering Division: Lauren Light and Heather Barbare, Department
of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 17, 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR14-0074
APPLICANT: ENRIQUE&MYRNA CARILLO
PLANNER: STEVE ELKINS
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (EMPLOYEE AND COMMERCIAL VEHICLE
PARKING AND MACHINERY/ TOOL 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.
LEGAL DESCRIPTION: PART NE4 SECTION 35, T5N, R66W&SE4 SECTION 26, T5N, R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO 49TH STREET:WEST OF AND ADJACENT
TO 35TH AVENUE RIGHT OF WAY.
Steve Elkins, Planning Services, presented Case USR14-0074, reading the recommendation and
comments into the record. Mr. Elkins noted that correspondence has been received from the surrounding
property owners in objection to this request. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Commissioner Smock asked if all the vehicles are associated with the business. Mr. Elkins replied yes.
Commissioner Hansford said that it is not stated in the application about any repair or restoration of
vehicles: however according to the letters submitted these activities are being done on site. Mr. Elkins
said that was correct and those activities would need to cease if this case is approved since it was not
included on the application.
Brad Yatabe, County Attorney, provided letters and pictures that were submitted from the public prior to
the hearing today.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested adding a Condition of Approval 1.E.7 that reads "Show and
label standard tracking control onto publically maintained roadways on the map".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Commissioner Johnson asked how this lot was created. Mr. Elkins had not done the research but said it
must have been done prior to the subdivision regulations.
EXHIBIT
1 r-43
LAWL - 001-
Jon Bullard, 822 7th Street, stated that he represents the applicants. The proposed use is parking 15
commercial pickup trucks on site. The employees will arrive in the morning, park their personal vehicles
and leave the site in the pickup trucks to various oil and gas fields. He added that there is a small amount
of equipment that is occasionally parked there as well such as trailers, backhoe, manlift and two (2) semi-
trucks. Mr. Burtard noted that located to the south of the subject property is another site that has the
same use. He said that the City of Evans is requiring a right-in and right-out only access on 49th Street so
that should address any traffic issues. He said the applicants are proposing an opaque fence around the
property to mitigate the perceived unsightliness.
Commissioner Smock said that according to the application most of the work is being done around New
Raymer; however it is stated that most of the customers are located west of the site. Mr. Burtard said that
that must be an inaccuracy in the application and added that most of the work is performed around New
Raymer.
Commissioner Wailes said that it appears there were other activities that were going on that brought this
property into violation. Mr. Burtard said that those activities such as painting and welding have stopped
and the applicants do not wish to continue those activities.
Commissioner Jemiola referred to photos that were submitted and asked if the salvage material, tires,
and blue and rusted barrels will remain on site. Mr. Burtard said that no salvage material will be on site;
however he has not visited the site and cannot say if those other items will remain.
Commissioner Johnson asked how the applicants will ensure that the property will remain in compliance
with. Mr. Burtard said that the applicants intend to have minimal tools on the property and added that the
applicants would be happy to give any assurance that they will remain in compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lowell and Deb Porter, 3630 W 49th Street, stated that they live three houses down from the property.
She wished to submit a picture from her cell phone that she took today; however she was directed to
email this picture to staff to make it part of the record. Ms. Porter said that the painting is still going on
today. She expressed opposition to this request due to traffic, noise, and unsightly storage. She added
that they have been having large gatherings on their property with loud music.
Mr. Porter said that the acreage is wrong on the application. It states that there are 1.4 acres but the
Weld County Assessor website shows that there is 1 acre. He stated that the property to the south that
was referred to that has a similar type of business is located on over 4 acres and have less than 10
employees. He believes that this site is overcrowded with the size of the property and the number of
vehicles and 30 employees.
Commissioner Berryman said that it sounded like traffic came in and out all day to the site. Mr. Porter
said that the heaviest is in the morning and late day but it does come in and out throughout the day.
Commissioner Maxey asked if there was something that could be done to mitigate these issues. Mr.
Porter said that there would need to be less than 5 employees and 5 vehicles with the size of property
that there is.
Bobbi Cox stated that she is representing her mother Esther Schank who lives at 4020 54th Street.
Connie Nelson also added that she is Ms. Schank's daughter. Ms. Cox stated that the walkway south of
the applicant's property has been driven on by the applicants. On the north side of the walkway is high
pressure gas lines that go to the DCP property located east of the site. She added that she alerted DCP
that they were driving on it.
Connie Nelson stated that the applicants tore down the sectional fences and she spoke with the
applicants. Ms. Nelson said that the trucks are 350 dully pickup trucks carrying heavy equipment. She
expressed concern regarding the unsafe driving conditions of the employees. She said that she would be
acceptable to lowering the number of people and equipment. Additionally, she said would like to have a 6
foot fence and to have the lot surveyed because it seems that there are arguments on the ownership of
land.
2
Butch Hanes, 3610 49'" Street, stated that he lives west of and adjacent to this site and has lived there
since 1979. He added that said that all these activities have been going on for the past year. He said
that they perform welding, run impact wrenches, change tires, etc. He is not confident that the applicants
will comply in the future since they haven't complied at this point.
Commissioner Jemiola asked if they could mitigate any of these issues. Mr. Hanes said no and added
that it has been aggravating for far too long.
Sarai Carillo stated that they are not focused on their neighbor's property and so they should not be
focused on the applicant's property by taking pictures and trespassing. She added that the applicants
only want to run their business and live there.
Marlon Ogden, 5025 44th Avenue, stated that he lives about one mile to the west and drives by this
property 2 or 3 times a day. Mr. Ogden said that he is a small business owner and has to abide by the
rules. He said this property is so small for all these vehicles. He added that at noon he counted 26
vehicles and 2 U-Haul vans. He noted that there is no way to get a semi on the property.
Carole Applegarth, 4220 49`" Street, stated that when the School opens up on 65'" Avenue 49`" and 47`"
Streets will be the entrance and exists to that site. She expressed concern regarding traffic safety.
Randy Meyer, 3400 W 16'" Street, stated that he owns property north of the site which is a storage facility.
If the eastern access is to be closed, he asked how the trucks can turn around or circulate inside the
property.
The Chair noted that Ms. Petrik needed to leave and that Michelle Martin would answer any traffic
questions in her absence.
Mr. Burtard said that the right-in and right-out and the closure of the eastern access addresses the traffic
issues. He added that the 6 foot opaque fence would screen the site from adjacent property. He said
that there could be conditions of approval added that would limit and prevent the applicants from storing
large amounts of tools, etc. Mr. Burtard believes that the site is actuallyl.4 acres and that the Assessor's
records are either rounding down the acreage or is incorrect.
Commissioner Maxey asked staff to verify the acreage. Mr. Elkins said that technically there are 1.4
acres; however there is .2 acres reserved for future road right-of-way and therefore the net acreage is
1.19 acres.
Commissioner Cross asked if the applicants could demonstrate their good will by cleaning up some
drums, tires, etc prior to County Commissioner hearing. Mr. Burtard replied that the applicants would be
willing to clean up the site.
Commissioner Maxey asked Ms Martin about the semis turning around on the site and the lack of room
available. Ms. Martin stated that the City of Evans has jurisdiction over both 35th Avenue and 49'" Street
and they have requested right-in and right-out only at the access. Mr. Burtard said that if the semis
cannot get in or out of the site they just will not be able to park semis there.
Commissioner Johnson asked if the applicants have considered another location more suitable to this
type of and size of business. Mr. Burtard said that the applicants are dealing with limited resources and
are not able to afford another location.
Commissioner Berryman asked if there is any consideration of reduction of employees and vehicles. Mr.
Burtard said that there has not been any consideration of it yet.
Commissioner Wailes asked how long the applicants have operated this business. Mr. Burtard replied
that they have had the business since 2003. In response to Commissioner Wailes inquiry, Mr. Burtard
stated that they were located at a property on 16`" Street in Greeley.
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.
3
The Chair asked if the Planning Commission wished to add the recommended Condition of Approval
1.E.7 that reads "Show and label standard tracking control onto publically maintained roadways on the
map". No one wished to speak; therefore it was not added to the staff report.
Motion: Forward Case USR14-0074 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 Jordan Jemiola, Seconded by Bruce Sparrow. Commissioners Jemiola and Sparrow cited
Section 23-2-220.A.3
Vote: Motion carried by unanimous roll call vote(summary: Yes= 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Commissioner Johnson also cited Section 22-2-20.G.2 A.Policy 7.2 and added that this business cannot
be supported on this particular site. Additionally, he cited Section 23-2-220.A.4 as the City of Evans had
a problem with how this site fits with their plan.
Commissioner Wailes said that he is concerned with the intensity of the use of this particular parcel. He
added that when you remove the house site you are talking about less than an acre to park these
vehicles. He cited Section 23-3-40 regarding use by right and with use by right there is a standard of 5
commercial vehicles per parcel with 80 acres or larger or 1 commercial vehicle for a parcel of 80 acres or
smaller. He believes that 15 commercial vehicles on less than 1 acre is really pushing the intensity.
Commissioner Berryman commented that he is concerned with the size of the operation. He encouraged
the applicants to think about reducing the number of vehicles and employees prior to the Board of County
Commissioner hearing.
Commissioner Sparrow said that they all believe in private property rights and added that they have the
right to benefit from their property. However, in so doing they do not have the right to take away other
people's ability to benefit from their property.
Commissioner Maxey encouraged the applicants to talk to the surrounding property owners to work on
their concerns. He also asked the applicants to consider if this is the location that they want this business
because if there are complaints in the future there may be additional hearings and time spent on this.
Meeting adjourned at 5:55 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
45 '&4.n,4..)21 K, Date:2015.03.06 10:58:20-07'00'
Kristine Ranslem
Secretary
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