HomeMy WebLinkAbout20151457.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR15-0015
APPLICANT JESUS & MARGARITA HERNANDEZ
PLANNER: CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING FOR UP TO 4 COMMERCIAL
VEHICLES ALONG WITH OCCASIONAL ON-SITE VEHICLE MAINTENANCE
((OIL CHANGES)) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3062: BEING PART OF THE SE4 OF SECTION 13. T6N,
R65W OF THE 6TH P. M. . WELD COUNTY. COLORADO
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 49
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.
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."
Hours of Operation. Noise limits and lighting standards are proposed to address/mitigate any
potential impacts with this proposed use.
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. S of the Weld County Code 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,
(storage and staging of construction 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.
C . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Cropland is located to the north and west of the site. The nearest
single family residence is located approximately 400-feet to the southeast of the site.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. No referral
response from the City of Greeley has been received in response to this case.
E Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V. of the Weld
County Code The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
RESOLUTION USR15-0015
JESUS & MARGARITA HERNANDEZ
PAGE 2
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 3. 99 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. No additional
structures are proposed to be constructed and/or installed of this site per this application.
G . Section 23-2-220.A. 7 — There is adequate provisions for the protection of the health. safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code). Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of Water Resources as
indicated in their referral dated April 6, 2015. (Department of Planning Services - Engineer)
B. The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0015 (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. County Road 49 is a Gravel road and is designated on the Weld County Road
Classification Plan as a Local road. which requires 60 feet of right-of-way at full buildout.
All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Planning Services - Engineer)
6. Show the approved access(es) on the map and label with the approved access permit
number (will be provided OR AP15-00139). (Department of Planning Services -
Engineer)
7 . Show and label the approved tracking control onto publically maintained roadways on the
map. (Department of Planning Services - Engineer)
8 . Show the accepted water quality feature on the map with volume and label as WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of Planning
Services - Engineer)
RESOLUTION USR15-0015
JESUS & MARGARITA HERNANDEZ
PAGE 3
9. Show and label the accepted drainage features, drainage flow arrows, turning radii, and
parking and circulation on the map. (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 respectfully requests 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 .tif (Group 4). (Group 6 is not acceptable) . This digital file may be sent to
maps(c�co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
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 Passage Against Passage 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.
RESOLUTION USR15-0015
JESUS & MARGARITA HERNANDEZ
PAGE 4
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 May 5. 2015 .
Dated the 5th of May, 2015.
Digitally signed by Kristine Ranslem
,e7aelt Date: 2015.05.08 09:08:17 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jesus & Margarita Hernandez
USR15-0015
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0015, for a Home Business
(parking for up to 4 commercial vehicles along with occasional on-site vehicle maintenance (oil changes)
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 5:00 a.m. — 7:00 p. m . Monday — Sunday except in the event of emergencies
when extended hours of operation may be required. (Department of Planning Services)
4. The parking on the site shall be maintained. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C . R.S. ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . (Department of Public Health and Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act. Section 30-20-100. 5. C. R. S. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed of 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 Chapter 14 Article I of the Weld County
Code. (Department of Public Health and Environment)
8. 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: shall be confined on the
property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality
Regulations (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District. as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are 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)
11 . All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface. and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
12. 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)
13. 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)
RESOLUTION USR15-0015
JESUS & MARGARITA HERNANDEZ
PAGE 6
14. 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)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
18. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is
responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices.
(Department of Planning Services - Engineer)
19. 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 2011
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)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21 . 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.
22. 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.
23. 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.
24. 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:
RESOLUTION USR15-0015
JESUS & MARGARITA HERNANDEZ
PAGE 7
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.
pc nctinuiw
5-5 --15
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 5. 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 : 35 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey. Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent/Excused: Bruce Johnson and Benjamin Hansford .
Also Present: Kim Ogle, Chris Gathman , Diana Aungst and Tom Parko, Department of Planning
Services: Wayne Howard , and Jennifer Petrik, Department of Planning — Engineering Division; Frank
Piacentino, Building Department; Lauren Light and Heather Barbare, Department of Health: Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion : Approve the April 21 , 2015 Weld County Planning Commission minutes, Moved by Joyce Smock.
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR15-0015
APPLICANT. JESUS & MARGARITA HERNANDEZ
PLANNER: CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING FOR UP TO 4 COMMERCIAL
VEHICLES ALONG WITH OCCASIONAL ON-SITE VEHICLE MAINTENANCE
((OIL CHANGES)) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3062. BEING PART OF THE SE4 OF SECTION 13.
T6N , R65W OF THE 6TH P.M . WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 49
Chris Gathman . Planning Services. presented Case USR15-0015, 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.
Jennifer Petrik. Engineering. reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Smock asked Ms. Petrik to identify the three (3) accesses along County Road 49 on the
visual map. Ms. Petrik noted that one access is for agricultural, one access is for commercial, and one
access is for residential access. Commissioner Maxey asked if the Planning Commission can restrict the
number of accesses given that this property is fairly small and it is along County Road 49. Brad Yatabe.
County Attorney, stated that they can restrict the number of accesses. Commissioner Maxey said that
they will hear from the applicant in his presentation.
Lauren Light, Environmental Health . reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light said that staff has received direction from the Board
of County Commissioners and the Environmental Health Director. She recommended amending
Development Standard 8 to read "Fugitive dust shall be confined on the property Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations. "
Additionally. Ms. Light recommended amending Development Standard 7 to read "Waste materials shall
be handled , stored, and disposed of 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 I of the Weld County Code" Ms. Light read into record the definition of Chapter 14
Article I of the Weld County Code.
EXHIBIT
0/ 5- Re 5e7
Margarita Hernandez, 33057 CR 49. stated that they have four (4) trucks that they use. Ms. Hernandez
referred to closing off an access and added that the trucks are entering through the residential access
because there is not enough room for the trucks to park and they have designed their water quality
feature in this area, which limits where they can park.
Commissioner Wailes asked the applicant to verify the hours of operation . Ms. Hernandez said that the
belly-dump trucks operate Monday through Friday. In the winter her husband will start the trucks as early
at 5 am to get ready for day. She added that they generally don't leave the site until about 7 am and
arrive around 7 pm in the evening. Ms. Hernandez said that they will be occasionally called out if there is
a spill or something.
The applicant explained the accesses on the visual slide and noted that the two (2) accesses are a half-
circle driveway. Commissioner Maxey asked if the definitions could be combined for the residential and
commercial since they technically enter from the residential access and park by the commercial access.
Ms. Petrik said that Public Works assigns the access points and added that they may not have been
aware that the north access point was going to be used as a commercial access_ Mr. Maxey stated that if
Public Works has reviewed and approved three (3) access points he doesn't want to spend a lot of time
on it. He added that it is a question of why there are so many accesses for a small piece of property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair referred to the recommended changes by staff to Development Standards 7 and 8.
Motion : Amend Development Standard 7 as recommended by staff. Moved by Bruce Sparrow,
Seconded by Michael Wailes. Motion carried unanimously.
Motion : Amend Development Standard 8 as recommended by staff. Moved by Michael Wailes,
Seconded by Nick Berryman . 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 USR15-0015 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval , Moved by Michael Wailes. Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
Meeting adjourned at 7:29 pm .
Respectfully submitted,
� Digitally signed by Kristine Ranslem
�� ► „ase n , `t' 4t Date: 2015.05. 12 07:31 :59 -06'00'
Kristine Ranslem
Secretary
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