HomeMy WebLinkAbout20112459.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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: Ordinance 2011-10
PRESENTED BY: Dave Bauer
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 8
Public Works, of the Weld County Code.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Ben Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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 September 6, 2011.
Dated the 6th of September, 2011.hatd.Kristine Ranslem
Secretary
2011-2459
ARTICLE XII
Grading Permit Policy
Sec. 8-12-10. General.
The Grading Permit is a tool to ensure that the County has reviewed proposed erosion and sediment
control practices for planned construction activities with the goal of avoiding potential damages. A
Grading Permit grants the Permit Holder permission to conduct construction activities within the
requirements of applicable State regulations and provides the County with sufficient oversight to
minimize the potential for offsite damages. In addition, construction activities in Weld County must
be compliant with applicable State regulations regarding releases of sediment and water from
construction sites. This policy shall apply within all unincorporated areas of Weld County as of the
effective date of this Article.
Sec. 8-12-20. Purpose.
This Article recognizes the importance of protecting the health, safety, and welfare of the public,
protection of water quality and private property rights. This Article describes the minimum
requirements for prevention of detrimental or negative impacts to Weld County water quality, and
damages to private property and Weld County infrastructure by construction activities within the
County. The goals are:
A. To prevent sediment releases, erosional damage, or excessive water discharges from
construction sites on to adjoining private property.
B. To prevent erosion, sediment, and water discharge damage to County maintained
infrastructure, such as roads and bridges, that results in costs to taxpayers.
C. To prevent the degradation of surface water quality and the ability of existing ditches,
channels, and swales to drain due to sediment releases.
Sec. 8-12-30. Grading Permit
A. Issuance of Grading Permit. A Grading Permit shall be issued only in compliance with
the rules and regulations set forth in this Article. In no event shall construction be
allowed or permitted if it is detrimental to the public health, welfare, and safety.
B. Necessity for a Grading Permit. Unless an exemption exists, a Grading Permit is required
for construction activities that disturb over one ( 1 ) acre of land.
C. No Work Without Permit. No person or entity may surface disturb, grade, construct, or
excavate over one acre of non-exempted ground without first having obtained a Grading
Permit from the Department of Public Works. In addition, no person or entity may grade,
excavate, construct, or leave disturbed and un-stabilized over one acre of non-exempted
ground beyond the date or dates specified in the Permit unless: ( 1 ) the person or entity
requests a written extension before the expiration of the initial Permit, and (2) a new
Permit or extension is granted.
D. Exemptions. The following land disturbance activities are permissible without obtaining
a Grading Permit. Other permits, such as Right-Of-Way, Flood Hazard, or I.S.D.S., may
still be required.
a. Projects which involve less than a total of one ( 1 ) acre (43,560 square feet) of
disturbed ground surface or graded area, unless the Colorado Department of Public Health
and Environment has required a Storm Water Management Plan (SWMP) or Construction
Storm Water Discharge Permit.
1 . Individual lots in subdivision developments under the same
ownership, involving less than one ( 1 ) acre of disturbed area, shall not be considered
separate projects if they are contiguous.
2. Any series of related projects or connected projects on one site, which
together exceed the one ( 1 ) acre limitation shall be considered a single project and
shall be required to obtain a Grading Permit. For example, several 10,000 square foot
segments that add up to over one ( 1 ) acre total area that connect to form a road would
be considered a single project and would require a Grading Permit.
b. Tillage of agricultural land is exempt from grading permit requirements.
c. Trenching incidental to the construction, maintenance and installation of approved
underground pipe lines, electrical or communication facilities where less than one ( 1 ) acre is
disturbed is exempt from grading permit requirements. Trenching for pipelines, electrical,
or communication facilities or for future maintenance, where the total disturbed area exceeds
one ( 1 ) acre, shall not be exempt. Construction of access required to complete the trenching
or for future maintenance shall not be exempt.
d. Land disturbance or excavations in accordance with plans incorporated in a mining
permit, reclamation plan, or sanitary landfill approved by the County. However, a Grading
Permit may be required for over one ( 1 ) acre of ground disturbed for construction of roads,
driveways, buildings, parking areas, accesses, drainage facilities, landscaping, or other
construction not directly in the mined area or landfill.
e. Site preparation for an oil or gas drill site/well pad approved by the Colorado Oil
and Gas Conservation Commission is exempt from grading permit requirements.
f. County capital improvement or County maintenance projects within Right-of-Way,
except where the construction lies within a designated Municipal Separate Storm Sewer
Systems (MS4) area
g. Maintenance and cleaning of existing ditches, lakes, ponds, and water storage
reservoirs, except where the construction lies within a designated MS4 area
h. Maintenance and resurfacing of existing streets/roads, runways, sidewalks/trail
systems, parking lots/loading areas and railroad beds is exempt from grading permit
requirements.
i. Performance of emergency work necessary to prevent or mitigate an immediate
threat to life or property when an urgent necessity arises. The person performing such
emergency work shall promptly notify the Public Works Department of the problem and
work required. Any person(s) performing such emergency work shall immediately notify the
Public Works Director of the situation and the actions taken. The Public Works Director
may, however, require such person(s) to obtain a grading and erosion control permit to
implement remedial measures to minimize erosion resulting from the emergency.
j . Enlargements to parking areas less than one ( 1 ) acre larger than the original area ofexisting
parking facilities for commercial, industrial and institutional uses.
k. Graves in cemeteries.
1. Land disturbance associated with the construction of natural surface trails may be
exempted by the Director of Public Works except within designated MS4 areas provided that
the procedure outlined below is completed prior to commencement of any trail construction.
If exempted, the land disturbance associated with the construction of natural surface trails
shall generally conform with the performance standards of this section.
Sec. 8-12-40. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivations
shall have the meanings given herein:
Acre means a total area of 43,560 square feet.
Best Management Practices (BMPs) are, for the purposes of this Article, erosion and
sediment control methods that have been determined (according to EPA guidance) to be the most
effective, practical means of preventing or reducing pollution from non-point sources. For the
purposes of this Article, BMPs address prevention of water pollution and control of dust from
construction sites.
Contractor means any party performing the installation and construction for a Permit Holder
who obtains a permit pursuant to this Article. A contractor may be a Permit Holder under this
definition.
Disturbed Area means that area of the land's surface disturbed by any work activity upon the
property by means including but not limited to grading; excavating; stockpiling soil, fill or other
materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or
other activities which expose soil. Disturbed area does not include the tillage of land that is zoned
agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area
identified for agricultural uses.
Grading means excavation, cutting, filling, clearing and grubbing, stockpiling, and re-
contouring the land surface or any combination of these.
Grading Plan means the construction drawing or other depiction showing the existing and
the proposed elevation contours of the area to be disturbed by construction.
Land Disturbance Activity means any activity, which changes the volume or peak flow
discharge rate of precipitation runoff from the land surface. This may include the grading, digging,
cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial
removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of
any natural or man-made watercourse.
Lines means all underground and overhead cable, telephone, electric power, wire, gas, and
irrigation lines, appurtenances, structures, or pipelines.
Municipal Separate Stormwater System (MS4) is defined by the Federal Environmental
Protection Agency (EPA) in 40 CFR 122 as a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains) owned or operated by a state, county, city or town that discharges into waters of the
United States.
Permit Holder means the owner, operator, person, and/or entity constructing, excavating, or
occupying the construction site who has obtained a grading permit pursuant to this Article.
Right-of-Way (ROW) means a strip of land that is granted through an easement, plat, or other
legal mechanism for transportation purposes, such as a roadway or highway.
Sediment and Erosion Control Plan is a document that shows the proposed finished contours
and depicts the location of all erosion and sediment control measures (BMPs).
Sec. 8-12-50. Grading Permit Application.
Complete Application Required. Applicants shall file a complete application for a Grading
Permit. The application shall be submitted to the Building Inspection Department on behalf of the
Department of Public Works. Based upon the information provided in the application, additional
submittals may be required by the Department of Public Works if sufficient information was not
provided for review of the application. An application shall be considered complete if it is submitted
in the required form, includes all mandatory information, including all supporting materials specified
by application, and is accompanied by the applicable fee. If an application is determined to be
incomplete, the Department of Public Works shall provide notice to the applicant, along with an
explanation of the application's deficiencies. No further processing of the application shall occur
until the deficiencies are corrected in a future re-submittal. An application which is determined to be
incomplete may, or may not, retain its same processing cycle.
A complete application will typically include civil engineering drawings signed and sealed by
a registered Civil Engineer in the State of Colorado. The drawings shall include a grading plan
showing existing and proposed contours and elevations, and drainage plan. In addition a Sediment
and Erosion Control plan that shows the location and types of BMPs to be utilized at the site shall be
provided. Typical BMP installation details and maintenance notes should also be on the drawings.
Sec. 8-12-60. Application Review, Grading Permit Issuance, Permit Expiration and Permit
Extension.
A. Review Process. The application and other data filed by an applicant for a Grading
Permit shall be reviewed by the Department of Public Works. The application may also
be reviewed by other departments or agencies to verify compliance with any applicable
laws. If the Department finds that the work described in an application for a Grading
Permit conform to the requirements and regulations set forth in this Article, meet the
requirements defined in the Department of Public Works Design Standards and Criteria
or other pertinent laws regulations or ordinances, and that all required fees have been
paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading
Permit shall be considered include, but are not limited to, the following:
1 . Water quality protection: The proposed construction must include proposed
installation and provision for maintenance of adequate sediment and erosion
control Best Management Practices (BMPs) that, to the extent possible, prevent
erosion and/or release of sediment, excessive storm water, and/or pumped water
discharges to surface waters from the construction area.
2. Adjacent property protection: The proposed construction must include
sediment and erosion control BMPs that, to the extent possible, prevent damage,
erosion and/or release of any sediment, excessive storm water, and/or pumped
water discharges from the construction area to adjacent properties and roadways.
3 . Constructability: Installation of BMPs, trenches, excavations and other
construction practices must be able to be performed according to general
construction and safety practices. The proposed construction work must not
create a public safety hazard.
B. Changes in Approved Permit. An approved Grading Permit shall not be changed,
modified, or altered without written authorization from the Department of Public Works.
All work shall be done in conformance with the approved Permit.
C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet
certain permit specifications and general engineering. The Department of Public Works
shall be responsible for ensuring compliance with such specifications and standards. The
issuing and granting of the Grading Permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this Article or of any regulations of
the State or County. Additionally, the issuance of the Grading Permit shall not be
construed as the approval or issuance of any necessary permits referred to in Chapter 29
of this Code.
D. Indemnification. Every approved Grading Permit issued shall include the following
language: "Permit holder, its agents, employees, subcontractors, contractors, and assigns
hereby agree to hold Weld County, Colorado, the agencies thereof, and their officers and
employees harmless from any and all loss and damage or any claims which may arise out
of, or be connected with the construction within the area covered by this permit;
excluding any such loss and damage or any claims (including consequential damages)
which may be caused solely by the negligence of Weld County, the agencies thereof, or
its officers and employees."
E. Permit Expiration. Every approved Grading Permit shall expire if the construction of
work authorized by the Permit is suspended or abandoned for a period of one ( 1 ) year at
any time after the work has begun. Before work can begin or be resumed, the Permit
must be reissued by the Department of Public Works.
F. Permit Extension. Any permit holder with an unexpired Grading Permit may apply,
in writing, for an extension of the time within which work may begin under that Permit if
the Permit holder is unable to begin or complete work within the time required for good
cause, and that the cause is acceptable to the Department of Public Works. There shall
be an extension fee assessed to cover administrative costs.
Sec. 8-12-70. County Authority.
The Department of Public Works shall have the authority to suspend work, wholly or in part,
because of the failure of the Permit Holder to properly execute the work in accordance with this
Article.
Sec. 8-12-80. Permit Holder's General Responsibilities.
A Permit Holder is responsible for the following items. Additional requirements and more
detailed information are shown in the Special Provisions of the Grading Permit.
A. Best Management Practices. Permit Holder shall ensure that all erosion and sediment
control BMPs shown on the approved plans are correctly installed, and maintained.
B. Other permits. Permit Holder shall secure all permits required by Federal, State, and
local agencies.
C. Insurance. Permit Holder shall secure and maintain insurance policies that will
protect them, their subcontractors, and Weld County from claims for bodily injury,
death, or property damage, which may arise from the excavation, installation and/or
construction contemplated or caused by the construction as permitted herein.
D. Surety. If deemed necessary by the Planning Department through the land use change
process, or by the Department of Public Works, Grading Permit holders shall provide
a surety bond and/or other security for the total amount required to stabilize, restore,
or reclaim the disturbed ground to prevent erosion and/or release of sediment,
excessive storm water, and/or pumped water discharges to surface waters from the
construction area. Said security shall remain in effect for a period of twenty-four (24)
months after all completion of construction and establishment of erosional stablity.
The amount of the security shall be sufficient to stabilize a disturbed site to prevent
releases of sediment and water from construction sites and protect the health, safety,
and welfare of the public. The amount shall be based on cost estimates of site
restoration provided by the applicant and approved by the Weld County Engineer.
Whether or not covered by surety, Permit Holder shall reimburse Weld County for
any and all expenses incurred by Weld County within 24 months after completion of
any work, as a result of, or related to, failure by Permit Holder to perform all
installation, construction, maintenance or other work pursuant to the Permit, in a
workmanlike manner.
E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance
of the construction or excavation. Permit Holder is responsible for any damages to
existing utilities or structures.
F. Traffic Control. Construction activities impacting the County rights-of-way shall not
interfere with movement of traffic or compromise public safety. A County Right-of-
Way permit may be required in addition to a Grading Permit.
G. Emergency Conditions. When a condition arises where emergency work must be
performed the applicant shall immediately notify the Department of Public Works of
the emergency event, type and extent of work. Within two (2) business days after the
occurrence of the emergency, the applicant shall apply for the necessary permits, pay
the associated fees, and fulfill the rest of the requirements necessary to comply with
the Grading Permit for the actions the Applicant took in response to the emergency.
H. Drainage Interference. A Permit Holder shall not obstruct the natural free and clear
passage of water along the roadside ditch flow lines or other waterways. If surface
drainage is to be affected, the Permit Holder is responsible for the proper runoff
management to prevent erosion and/or release of sediment, excessive storm water,
and/or pumped water discharges to adjacent properties and surface waters from the
construction area.
I. Site Stabilization, Restoration, and Clean Up. The Permit Holder shall assume all
responsibility for stabilizing the permitted site to prevent erosion and discharges of
sediment. The Permit Holder shall also assume all responsibility for removing all
debris associated with the construction activities in the County rights-of-way. If,
upon inspection, the Department of Public Works determines that there is risk of
erosional damage, sediment discharges, or debris has not been removed from the
County rights-of-way, the Department shall notify the Permit Holder of the violation
of the Permit conditions. The Permit Holder, upon notification from the Department,
shall correct all work, to the extent necessary. The work shall be completed within
the time period specified in the notice from the Department. If the Permit Holder
fails to establish site stability or restore the rights-of-way in the manner and to the
condition required, the Department may have the County perform the restorations. In
that event, the Permit Holder shall pay to the County, within 30 days of billing, the
cost of restoring the County rights-of-way.
J. Ownership and Maintenance. Permit Holder shall own, maintain, operate, and repair
all work on private property in accordance with the regulations, conditions, and terms
of this Permit.
K. Warranty of Right-of-Way. Weld County does not warrant its ownership of rights-
of-way which may be the subject of any issued Permit. Permit Holder is responsible
for determining the ownership of properties subject to its construction.
Sec. 8-12-90. Inspections
Inspections during the construction period will be made by the Department of Public Works
to ensure that work is progressing in compliance with the Permit. It shall be the responsibility of the
Permit Holder to provide safe access to the work site for the Department and to all others, as
authorized by law, for inspection at all reasonable times during the execution and upon completion
of the work. At the time of inspection, the Department may order the immediate termination of any
work which poses or is causing a serious threat to the life, health, safety, or well-being of the public.
It shall be the responsibility of the Permit Holder to notify the Department of Public Works
when work is ready for inspection. The Department requires that every request for inspection be
received at least forty-eight (48) hours before such inspection. Such requests may be made by
telephoning, emailing, or faxing the Department. The presence of Department employees on-site
shall not guarantee or qualify the Permit Holder's performance. The approved Permit must be
available on-site for review by Department staff Failure to comply may result in suspension of the
grading permit.
The Department of Public Works may make or require other inspections or testing of any
work as deemed necessary to ascertain compliance with the provisions of this Article. Any work
performed without the required inspections shall be subject to removal and replacement at the Permit
Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the
normal working hours will be paid by the Permit Holder. Certain types of work may have
continuous inspection and when large scale projects exceed the ability of the Department to provide
inspection, the Permit Holder will incur the cost of a private inspection firm. This third party
inspector will be appointed by the Department prior to issuance of the Permit.
Sec. 8-12-100. Administrative Fee.
All required fees shall be paid, in full, at the time of the Permit application. The fee schedule
for Grading Permits shall be as determined by resolution of the Board of County Commissioners and
shall be shown on the Permit (see Appendix 8N).
Sec. 8-12-110. Appeal of Denial of Grading Permit.
If an application for an Grading Permit is denied by the Department of Public Works, or if the
applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the
applicant has the right to appeal the decision to the Board of County Commissioners, in writing,
utilizing the appeal procedures set forth in Section 2-4- 10 of this Code.
Sec. 8-12-120. Failure to Comply.
The issuance of the Grading Permit based on plans, specifications, or other data, shall not
prevent the Department of Public Works from requiring the correction of errors in the plans,
specifications, and other data, or from stopping excavation or construction operations being
conducted in violation of this Article or any other State or Weld County regulations. Failure of the
applicant to comply with any of the terms and conditions of the Grading Permit shall be sufficient
cause for cancellation of the Permit.
The Permit Holder shall prevent releases of sediment and water from construction sites that
has the potential to cause damage to private property or County-maintained infrastructure. In the
event that construction activities result in erosion, sediment, and water discharges causing damage,
the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate
Best Management Practices, and correct any unsatisfactory work.
Rights-of-Way damage - The Permit Holder shall correct any unsatisfactory work including,
but not limited to, defects in removal, replacement, or pavement patching. If the Permit Holder fails
to restore the County rights-of-way in the manner and to the condition required by the Department of
Public Works, or fails to satisfactorily and timely complete all restorations required by the
Department, Weld County shall have the right to perform the restorations at the expense of the
Permit Holder.
Sec. 8-12-130. Permit Suspension or Revocation.
The Department of Public Works may deny, revoke, or suspend any Grading Permit in order
to protect the public health, safety, welfare. Permit Holders hold Grading Permits as a privilege.
Weld County reserves its right to revoke any Grading Permit without a fee refund whenever the
Permit is issued in error or on the basis of incorrect information supplied by the applicant, or
whenever the Permit may have been issued in violation of any provisions of this Article.
If the Department of Public Works determines that the Permit Holder has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition
of the Permit, the Department shall notify the Permit Holder of their suspension by either a phone
call or in writing, and the Permit Holder must then remedy the violation. The demand shall state that
continued violations may be cause for revocation of the Permit. Further, a substantial breach shall
allow the Department to place additional or revised conditions on the Permit.
Within twenty-four (24) hours of receiving notification of the suspension, the Permit Holder
shall contact the Department of Public Works with a plan of correction which must be accepted by
the Department. The Permit Holder's failure to contact the Department, failure to submit an
acceptable plan, or failure to reasonably implement the approved plan, shall be cause for immediate
revocation of the Permit and termination of work. Upon revocation of the permit the Permit Holder
will be required to re-apply for a new permit and will be charged for any additional fees that may be
applicable.
Sec. 8-12-140. Penalties.
A. Violations and penalties. The County, through the Department of Public Works or
other County departments so authorized, may enforce this Article through methods
included in this Article or through other methods adopted by the Board of County
Commissioners.
B. Equitable relief in civil action. In the case of any violation of this Article, the County
Attorney, in addition to the other remedies provided by law, ordinance, or resolution,
may institute an injunction, mandamus, abatement or other appropriate action or
proceeding to prevent, enjoin, abate, or remove such violation.
C. Civil penalties. Any person, firm, or corporation violating any provision of this
Article, may be subject to the imposition, by order of the County Court, of a civil
penalty. It is within the discretion of the County Attorney to determine whether to
pursue the civil penalties set forth in this Article, the remedies set forth above, or
both.
c2O1/
Area and is contiguous with the Town's corporate limits, the Town of Windsor Planning Commission reviewed
the referral and recommended that the applicants be referred to the Town of Windsor for annexation.
Commissioner Holton asked how far away the sewer line is. Mr. Ballstadt replied that it is located
approximately 600 to 800 feet to the east of 17th Street. Mr. Holton asked how the Town of Windsor would look
at the existing septic system. Mr. Ballstadt stated that until the existing septic system has been reviewed by
an engineer and they have more information that the Town's Water and Sewer Board could consider they may
elect to allow continued service by the septic system if the County's Health Department approves that permit.
Mr. Weakland said that the existing sewer line is over 1200 feet. He added that they would have to put in a
forced main and that would just get it from the southeast corner of the property to the existing sewer line; it
doesn't bring it from their existing bathrooms to that forced main area and it will be a very expensive venture
going under 17th Street and connecting it to the existing sewer line. Initially when this USR was approved they
were approximately 1 mile away and supplied with water from North Weld County Water District. He added
that when the Walmart development went through the Town of Windsor acquired that land . Because of that
land annexation, the Town of Windsor took over their water supply.
Mr. Weakland said that Mr. Ballstadt has been working very diligently with them to try and make this happen.
However there have been some huge hurdles put in front of them that Mr. Ballstadt can't answer himself and
they have an opportunity to try and make this brewery happen in this short development window in getting
State and Federal licensing for the brewery plus building it. If they try to go through the annexation process,
the minimum time to get this built would be approximately 1 year. He said that the sewer main line would
deplete his funds and the micro brewery would not become a reality.
Mr. Weakland said that right now they have the ability to utilize their property under Weld County's Right to
Farm and they would like to use that to the fullest with this property. They can have chickens and guineas to
eat the grasshoppers and they can use biological control methods to try and limit infestation of different bugs
that can attack the hops and crops. They can grow different crops without having to go through Town
Planning meetings as it is ag use currently. At this point there is no guarantee with the Town of Windsor and
they would like to use the agriculture that exists currently.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case AmUSR-1251 , be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:24 pm and reconvened the meeting at 3: 32 pm.
CASE NUMBER: Ordinance 2011 -9, and Ordinance 2011 -10
PRESENTED BY: Tom Parko and Dave Bauer
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 8 Public
Works and Chapter 23 Zoning, of the Weld County Code.
Tom Parko, Planning Services, stated that last month staff presented some proposed code changes to the
Planning Commission . An additional change is being presented today in regard to cargo containers and
habitation. Staff has been approached with individuals and businesses converting cargo containers into
offices and residential use. This proposed code change would allow individuals to take cargo containers that
have been retrofitted and use them as an office or even for a residential dwelling . Mr. Parko pointed out that
the retrofitted cargo containers would be allowed in a residential zone district as long as it met building codes.
Mr. Grand expressed concern that there may be issues if it is opened to all residential districts and added that
it may be difficult where there are stick built homes and then these containers move in.
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Robert Grand moved that Ordinance 2011 -9. be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Nick Berryman. Motion carried
unanimously.
Dave Bauer, Public Works, gave a brief presentation on the advantages of a having a good grading plan. Site
changes such as construction grading at a site are already reviewed through the land use review process; but
there are some projects where individuals do not go through the land use process. There are projects that are
not a land use change but there is large construction involved. The grading plan allows the County to review
the work and possibly prevent a problem before it starts.
Mr. Bauer said that when less than 1 acre is disturbed a grading permit will not be required . In addition ,
individual home sites, tilled acreage, oil and gas well sites and the mined area in a gravel pit will not be
required to submit a grading permit.
Commissioner Holton asked who decides what the collateral will be. Mr. Bauer said that there are formulas
for different projects but it would be based on the disturbed area and restoration of the disturbed area. Mr.
Holton asked if there would be an appeal process regarding the collateral. Bruce Barker, County Attorney,
said that there are two options. The staff, via the director, makes that determination which is then appealable
to the Board of County Commissioners or it's the Board of County Commissioners that make the
determination as to the amount of sufficient collateral. Mr. Holton said that maybe staff could make the
determination if it is a small amount rather than going to the County Commissioners. Mr. Barker suggested
that staff could make the determination and it would be appealable to the County Commissioners. Mr. Holton
said that he would be in favor of that.
Robert Grand moved that Ordinance 2011 -10 be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Alexander Zauder. Motion carried
unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4: 15 pm .
Respectfully submitted ,
il-KNth16.(11,2-aCiiAl.a-h
Kristine Ranslem
Secretary
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