HomeMy WebLinkAbout20092988.tiffBEFORE 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: USR-1714
APPLICANT: Anthony & Sherry Reis (Faithfull Grooming, LLC)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding,
doggie daycare, and training) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -3481; located in Part of the NW4 of Section 25, T2N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 398 and approximately 1/4 mile east of CR 59.
be recommended favorably to the Board of County Commissioners for the following reasons:
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. of the Weld County Code 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."
Section 22-2-20 I. A.Goal 9 states "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
The application indicates that there will be no outside employees (the owner will be sole
employee). Dog grooming will be by appointment only and boarding/doggie daycare and
training hours will be during daylight hours (7 AM to 7 PM).
The Department is requiring that any dogs to be boarded overnight be kept indoors during
evening hours.
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.K of the Weld County Code provides for
Kennels (up to 30 dogs of a non-specific breed including dog grooming, boarding,
daycare, and training) as a Use by Special Review 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. The proposed facility is located approximately 900 feet
east of two existing single family residences and approximately 1,800 feet from the
nearest residence to the northeast. Agricultural land is located immediately to the north of
the site and vacant land is located to the south (across County Road 398 and the
railroad). The dog kennels are located on the east side of the residence (the residence
screens the kennel enclosure from the nearest residences to the west. Attached
Development Standards and Conditions of Approval will ensure that this use is compatible
with adjacent uses.
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
2009-2988
Resolution USR-1714
Anthony & Sherry Reis (Faithfull Grooming, LLC)
Page 2
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affected municipalities. The site is located within the 3 -mile referral area for the Town of
Keenesburg and the kennel is located immediately to the north of the town limits of
Keenesburg (across County Road 398 and the railroad). The Town of Keenesburg
indicated no conflicts with the proposal.
E. Section 23-2-220.A.5 -- The site is not located within the floodplain or any overlay
districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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 site is located
on a 7 (seven) acre parcel with an existing residence and improvements located on the
property.
G. Section 23-2-220.A.7 -- 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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-400 — The attached conditions of approval and development standards will
ensure that the kennel will be operated according to the supplementary kennel
requirements outlined in this Section of the Weld County Code.
Previously, the property was in violation (ZCV-09-00104) for operating Faithfull Grooming, LLC without an
approved and recorded Use by Special Review permit (USR); however the violation will be closed upon
approval from the Board of County Commissioners.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1714. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The water quality feature approved by the Department of Public Works shall be
indicated on the plat. The area for the water quality feature shall be state
"Reserved Drainage Area, No Build" on the USR site plan. (Department of Public
Works)
3. The dimensions of parking spaces shall be indicated on the plat. Parking shall
meet the design requirements for off-street parking outlined in Appendix 23-A of
the Weld County Code. (Department of Planning Services)
4. Indicate the scale of the plot plan map. (Department of Planning Services)
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Resolution USR-1714
Anthony & Sherry Reis (Faithfull Grooming, LLC)
Page 3
5. County Road 398 is designated on the Weld County Road Classification Plan as
a local gravel road, which requires 60 feet of right-of-way at full build out. The
applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public
Works)
C. The applicant shall address the requirements of the Weld County Building Inspection
Department as stated in their referral dated September 17, 2009. A building permit shall be
obtained for the change of use of the existing outbuilding on the property for the dog
grooming business. Evidence of such shall be submitted to the Department of Planning
Services. (Department of Building Inspection)
D. In the event the applicant intends to utilize the septic system at the existing home for
visitor, employee, patron and/or kennel and grooming sanitation needs, the septic system
shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the system's ability
to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
Alternately to option #1 above, the applicant shall install an individual sewage disposal
system for visitor, patrons and kennel and grooming sanitation needs and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
E. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial use.
(Department of Public Health and Environment)
F. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerterco.weld.co.us Department of Planning Services)
• 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Resolution USR-1714
Anthony & Sherry Reis (Faithful) Grooming, LLC)
Page 4
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Motion seconded by Bill Hall.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
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 November 3, 2009.
Dated the 3" of November, 2009.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anthony & Sherry Reis
USR-1714
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1. The Site Specific Development Plan and Special Use Permit is for a kennel (up to 30 dogs of a non-
specific breed including dog grooming, boarding, doggie daycare, and training) in the A (Agricultural)
Zone District, and 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. Hours of operation for the Dog Grooming shall be 9:00 AM — 5:00 PM Tuesday -Friday and 10:00 AM
to 2:00 PM on Saturdays, Hours of the operation for the Daycare facility shall be from 7:00 AM — 7:00
PM Monday -Sunday, Dog Training classes shall be held during June -August during the hours of 7:00
AM — 9:00 AM . (Department of Planning Services)
4. The facility shall be operated by the owner(s) of the property (no outside employees). (Department of
Planning Services)
5. The hours of operation for the boarding facility shall be 24 hours a day 7 days a week. Dogs shall be
kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning Services)
6. Thirty (30) is the maximum number of adult dogs allowed on the site at any one time. Dogs over the
age of six (6) months are counted in the maximum number of adult dogs in accordance with Section
23-1-90 of the Weld County Code. (Department of Planning Services)
7. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed at least weekly from the facility and disposed by a commercial hauler. (Department of
Public Health and Environment)
8. 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)
9. 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)
10. 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.
(Department of Public Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
13. 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)
• 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
Resolution USR-1714
Anthony & Sherry Reis (Faithfull Grooming, LLC)
Page 6
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, visitors and
patrons of the facility, at all times. (Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
17. The facility shall utilize the existing private water supply. (Well Permit 253316) (Department of
Public Health and Environment)
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18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
19. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.
domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
20. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
21. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
22. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt, or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
23 The applicant shall utilize the existing residential/agricultural access to this parcel and must
maintain a 30' turning radius at the access. (Department of Public Works)
24. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
25. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
26. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
27. A building permit shall be obtained for the change of use for the dog grooming business and prior to
the construction of any new buildings including the dog kennel. (Department of Building Inspection)
28. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
Resolution USR-1714
Anthony & Sherry Reis (Faithfull Grooming, LLC)
Page 7
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29. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
30. The kennel will require an engineered foundation based on a site -specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
31. The dog grooming business will be required to be accessible to persons with disabilities. Fire
resistance of walls and openings, construction requirements, maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by the
Zoning Ordinance. (Department of Building Inspection)
32. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
33. Provide letter of approval from Southeast Weld Fire Protection District prior to construction of any
structure and for the change of use. (Department of Building Inspection)
34. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
35. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
38. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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 Development Standards stated herein and all
applicable Weld County regulations.
39. The 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.
40. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
t
Tom Holton - Chair 6
Mark Lawley - Vice Chair
Nick Berryman Ai
Erich Ehrlich
Robert Grand V'
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Roger Vigil and Peggy
Gregory, Building Department; Don Carroll, Department of Public Works; Lauren Light, Department of Health;
Cyndy Giauque, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the October 6, 2009 Weld County Planning Commission minutes, seconded
by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1657
APPLICANT: Lafarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36, T6N, R67W; and W2 SW4 Section 30;
NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the applicant is requesting a continuance of this case until February
2, 2010 to address concerns from Public Works as well as to get formal approval of their DRMS permit
through the State.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Roy Spitzer moved to continue Case USR-1657 to the February 2, 2010 Planning Commission meeting,
seconded by Bill Hall. Motion carried.
Robert Grand announced that he has a business relationship with the applicants of Case USR-1714; however
he feels that this will not adversely affect his ability to make a fair judgment.
CASE NUMBER: USR-1714
APPLICANT: Anthony & Sherry Reis (Faithfull Grooming, LLC)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding
doggie daycare, and training) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -3481; located in Part of the NW4 of Section 25, T2N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 398 and approximately 1/4 mile east of CR 59.
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Chris Gathman, Planning Services, stated that staff would like for this case to remain on the consent agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated yes.
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 read the next case into record.
CASE NUMBER: AmUSR-485
APPLICANT: Colorado Interstate Gas Company
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a
Natural Gas Compressor Station (amended to include a new office building and
future compressor building) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the N2 of Section 5, T11 N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of and adjacent to U.S. Highway 85 and approximately 3.5 miles north of
CR 126.
Chris Gathman, Planning Services, stated that staff requests that this item remain on the consent agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied that they
wish for this case to remain on the consent agenda.
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 read the following case into record.
CASE NUMBER: USR-1715
APPLICANT: Carlos Cisneros
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of two semi -trucks and 3 trailers) in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A RE -2042 being Part of the NE4NE4NE4NE4 of Section 12, Ti N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 12; west of and adjacent to CR 37.
Chris Gathman, Planning Services, commented that staff wishes for this item to remain on the consent
agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated that
they would like for this item to remain on the consent agenda.
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 read the next case into record.
CASE NUMBER: USR-1705
APPLICANT: Land Airport LLC (Lloyd Land)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
extension or expansion of a non -conforming use (private airstrip/airport) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption 628, Lot B of Amended Recorded
Exemption 628, Subdivision Exemption 521, and a parcel of land of
approximately 4.989 acres identified under parcel # 1305 31 100032; all located
in the E2 of Section 31, T2N, R64W of the 6th P.M., Weld County, Colorado.
Chris Gathman, Planning Services, stated that staff wishes for this case to remain on the consent agenda. He
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commented that there is a surrounding property owner who would like to speak on this. He added that based
on the fact that this Use by Special Review is essentially at the request of the Board of County Commissioners
establishing an existing use, staff recommends that this case remain as a consent item.
The Chair asked the applicant if they wish for this case to remain on the consent agenda. The applicant
replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Pamela Simpson, 6212 CR 51. Ms. Simpson stated that her home is one of the closest residences to Mr.
Land's property. She has read all the information provided on-line about this case.
A question that has bothered her since the September 10, 2008 hearing is how does a private airport support
Weld County Code Section 22-2-20.A.Goal 1 which states "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture." She added Section 22-2-20.6 Goal 2 which states "Continue the commitment to
viable agriculture in Weld County through mitigated protection of established (and potentially expanding)
agricultural uses from other proposed new uses that would hinder the operations of the agricultural
enterprises."
Ms. Simpson stated that she has not seen an airplane plow a field or plant a seed. She has seen them dust
crops, yet she is told there are no plans for a crop dusting business. She does not understand how these
codes substantiate a Use by Special Review permit for a private airport in an agricultural zone district.
In reviewing the other cases on today's docket their applications clearly answer the Site Specific Development
Plan and Use by Special Review Questionnaire. It is her understanding that the purpose of this questionnaire
is to have the applicants provide the County with a clear and detailed plan of what they want to do with the
property. She did not see that in Mr. Land's application. If the application is being submitted just because the
Board suggested it at the September 10, 2008 hearing she still expects the application to provide a clear and
detailed plan. This application is too vague in her opinion.
Applications must meet the criteria for a Site Specific Development Plan and Review. In her opinion Mr.
Land's application does not do that, nor does she see how that supports agricultural development as the
summary wants her to believe. She is not opposed to development. Calpine is her next door neighbor and
believes that they are one of her best neighbors.
Ms. Simpson expressed desire for this to be done properly and by the rules. She believes that no one is
exempt from rules. Just because the Board suggested this does not mean that it is ready for consideration
especially based on what has been provided. Without a clear or detailed plan this case should not be passed
forward to the Board.
Ms. Simpson stated that there is a copy of an inappropriately notarized document in Mr. Land's application.
She has sent a copy of this to the Secretary of State's Office and to Lauren Light of the Weld County
Department of Health for review.
She added that she would like to see a copy of the FAA Form 7480-1 that Mr. Land finally submitted to the
FM after the fact that he put in the new runway in August of 2008.
The Chair asked staff about some points noted by Ms. Simpson in regard to notarization and FAA. Mr.
Gathman said that the FAA was sent a referral; however the county did not receive a response from them for
this application. Ms. Light said that they received information on the Statement of Existing. She added that
she thought it would be up to the notary to make sure that what is being notarized is correct and the dates
match. Ms. Light commented that it doesn't affect the septic system because the Health Department went out
and inspected what was out there anyway.
Hope Babeon, 6687 CR 49. Ms. Babeon commented that Mr. Land is a really good neighbor and takes really
good care of his land and airport. She has never seen him do anything reckless with his plane. She added
that Mr. Land has been more than willing to put his best foot forward for their community.
Vern Burke, Architect, 12948 West 1 s' Drive, Lakewood CO. Mr. Burke commented that he had prepared the
documents for the USR. He added that this is a non -conforming permit. The airport has been in place before
the Weld County Code was enacted. At the County Commissioner meeting a year ago it was determined that
the activities which were undertaken at this site were indeed ascribable to maintenance and just general
upkeep of the property. Therefore the County Commissioners voided the violation charge and Mr. Land was
free to continue the uses he was doing at the time. At the County Commissioners suggestion, Mr. Land
submitted his application. His paperwork is up to date with the FAA.
The Chair closed the public portion.
The Chair asked if any of the Planning Commissioners wished to pull this case from the consent agenda. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda which includes Cases USR-1714, AmUSR-485, USR-
1715 and USR-1705 and that they be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair reminded the audience that the hearing before the Board of County Commissioners for Case USR-
1705 is on November 18, 2009 at 10:00 a.m. at 915 10th Street.
The Chair read the following case into record.
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CASE NUMBER: Code Ordinance #2009-12
PLANNER: Roger Vigil
REQUEST: In the Matter of Repealing and Reenacting, with Amendments, Chapter
29 Building Regulations
Roger Vigil, Building Inspection, stated that he has three items for consideration. The first item is the adoption
of the 2006 Uniform Swimming Code with amendments. The second item is an amendment to Section 29-2-
30 which is the electrical section of the International Residential Code and the third item is the amendment to
Section 29-8-40 regarding the expiration of building permits.
There has been a work session with the Board of County Commissioners. He added that there was also a
meeting with the Building Trades Advisory Group.
Mr. Vigil commented that the Uniform Swimming Code was not included in Chapter 29 previously. Section
309.4 is amended to include the ANSI Standard, which is a federal standard that has come because of deaths
caused by suction entrapment.
Mr. Vigil said that the proposed change to Section 29-2-30 is W. Part VIII — Electrical is part of the
International Residential Code. He said that the reason for this change is that the International Residential
Code and National Electric Code are written so that they overlap cycles. Right now we are on the 2006
International Residential Code which by reference goes by the 2005 National Electric Code; however we have
adopted the 2008 National Electric Code. This will always put the International Residential Code on the same
cycle with the National Electric Code.
The next item for consideration is Section 29-8-40 in regard to expiration of permits. The reason for the
proposal is to close the loop hole for permit holders who are not finishing work by obtaining multiple permits.
There are a number of problem permits that people just buy a permit and not finish the work.
Commissioner Lawley asked why we would charge them the full permit fees rather than an administrative fee
for issuing the permit. Mr. Vigil said that right now we are collecting a minimal amount and that doesn't seem
to motivate people to finish their work. He added that they feel that if the permit holder is required to pay the
full permit fee it is an incentive for them to complete their work.
Peggy Gregory, Building Compliance Officer, commented that prior to June of 2006 the expiration date was
180 days as long as an inspection was done every 180 days; therefore they were finding a lot of old permits.
Since then the code was changed to read that they could get a new permit with one extension and then it
would expire and now we are running into problems with that. Staff felt that if we made it so that they realize
what they are facing up ahead it gives them an incentive to finish their work. She added that most of the time
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