HomeMy WebLinkAbout20091059.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 4, 2009
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, May 4, 2009, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Transcribing Clerk to the Board, Esther Gesick
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 29, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on April 29, 2009, as follows: 1) Hearing to Consider Petition for Annexation of a
Portion of County Road 22, aka Sable Avenue (Firestone Eighth (8th) Annexation) to the Town of
Firestone; 2) Show Cause Hearing re: 2nd AmUSR #842 and 3rd AmUSR #843 - Tire Recycling, Inc., Attn:
Dwain Immel; and 3) USR #1682 - Morton Lakes, LLC, c/o Ready Mixed Concrete. Commissioner Conway
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MENTAL HEALTH MONTH AND NATIONAL CHILDREN'S MENTAL HEALTH AWARENESS DAY - MAY,
2009 AND MAY 8, 2009: Chair Garcia read the certificate into the record, recognizing May, 2009, as
Mental Health Month and May 8, 2009, as Children's Mental Health Awareness day. Representatives from
2009-1059
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North Range Behavioral Health and Frontier House were in attendance to demonstrate their support for
the proclamation.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B0900113, GRADER BLADES - DEPARTMENT OF PUBLIC WORKS: Monica Mika,
Director of Administrative Services, read the names of the seven vendors that submitted a bid into the
record and stated said bid will be presented for approval on May 18, 2009. Ms. Mika stated the apparent
low bid is from Wyalco Supply Co., which is a company based out of the City of Denver.
APPROVE BID #B0900088, EMERGENCY GENERATORS - SHERIFF'S OFFICE (CON'T FROM
4/27/09): Roy Rudisill, Office of Emergency Management, stated on April 27, 2009, Commissioner Long
indicated the bid does not meet the requirements for all of the communities. He stated staff would like to
approve the bid for the communities who are able to utilize these generators and present another bid for
the other communities at a later date. Ms. Mika recommended the bid from Grainger be approved for the
acquisition of three 60 kilowatt (kW) generators and one 30 kW generator, and in one week staff will
present bids for 75 kW, 40 kW, and 150 kW generators. In response to Commissioner Rademacher,
Ms. Mika stated the cost of the switches will be included in the bid, and some of the 75 kW generators
have been requested with three face switches, rather than two; therefore, staff need to examine budgets
to see if the communities are able to provide the difference in cost. Ms. Mika stated she has spoken with
the communities and they are aware there may be cost differences. She stated she has also spoken with
the Department of Local Affairs (DOLA) regarding the matter, and she was informed DOLA is no longer
providing budget supplements. In response to Commissioner Kirkmeyer, Ms. Mika clarified four
communities will receive generators as a result of this bid being approved, and the Town of Windsor is one
of the communities that will later receive a generator; however, it is requesting a 150 kW generator;
therefore, the price needs to be evaluated. Commissioner Kirkmeyer moved to approve the bids from
Grainger for the 30 kW and 60 kW generators. Commissioner Conway seconded the motion, which
carried unanimously.
APPROVE BID #B0900089, DOCUMENT DESTRUCTION AND RECYCLING SERVICES -
DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated staff needs time to review the grant;
therefore, she recommended continuing the matter to May 11, 2009. Commissioner Rademacher moved
to continue the bid approval to May 11, 2009. Commissioner Conway seconded the motion, which carried
unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT - FRANK'S RIDE FOR CHILDREN
(CON'T FROM 04/20/09): Bruce Barker, County Attorney, indicated Bethany Salzman, Department of
Planning Services, provided a memorandum stating the necessary building permits have been issued. In
response to Commissioner Rademacher, Ms. Salzman stated James Anderson, property owner, applied
for the building permit for the shade shelter structures, and the permit has been issued. Ms. Salzman
stated Greg Risedorf, applicant, indicated he will not utilize the classroom structure, nor the stove in the
kitchen, for the event; therefore, those permits are not required prior to the event. Mr. Barker stated there
is a photograph illustrating concrete has been poured to bring the structures into compliance.
Commissioner Conway moved to approve said application. Mr. Risedorf submitted a list of staff who have
participated in the TIPS training, marked Exhibit F, and a photograph of the notice posted on the property,
marked Exhibit G, into the record. Chair Garcia clarified that the Board's previous concerns dealt with
completion of the facilities; there were never any concerns regarding the application for Frank's Ride for
Children. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
Minutes, May 4, 2009 2009-1059
Page 2 BC0016
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MAKE -A -WISH FOUNDATION (CON'T FROM 04/20/09): Based on previous discussion, Commissioner
Rademacher moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BRIGHT ASSISTED LIVING, LLC:
Christopher Woodruff, Assessor, stated the petition is regarding Tax Year 2008, in which the property was
mistakenly classified as commercial business property, and it should be classified residential, since it is
an assisted living facility for the elderly. Mr. Woodruff stated the corrected assessed value is $39,800.00;
therefore, an abatement is recommended, in the amount of $8,867.16. Commissioner Kirkmeyer moved
to approve said refund, in the amount of $8,867.16, based on staff's recommendation. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GERRARD FAMILY LIMITED
PARTNERSHIP, LLLP: Mr. Woodruff stated the petition is for Tax Year 2008, and is the result of staff
mistakenly transposing the number of acres which are industrial property, with the number of acres which
are agricultural property; therefore, an abatement is recommended, in the amount of $1,153.77.
Commissioner Conway moved to approve said refund, in the amount of $1,153.77, based on staffs
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MOXIE JAVA, C/O JENNIFER
HUNTER: Mr. Woodruff stated the business closed January 31, 2008, and in 1996, the legislature
determined staff can no longer prorate personal property valuations; therefore, staff must value the entire
year. He stated, for example, staff was able to prorate the real property that was damaged by the tornado
in the Town of Windsor last year; however, staff was prohibited from doing so for any of the businesses
that were affected. He indicated he sympathizes with the taxpayer regarding this matter; however, the law
clearly prohibits prorating the valuation in Section 39-5-104.5, C.R.S. There were no representatives of
Moxie Java present. Commissioner Kirkmeyer moved to deny said refund, based on staffs
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT TO USE ACCESS ROUTES ALTERNATIVE TO LOWELL LANE AND
AUTHORIZE CHAIR TO SIGN - SUNDROP FUELS, INC.: Mr. Barker stated he and David Bauer,
Department of Public Works, have been working with Encana Oil and Gas, Inc., and Sundrop Fuels, Inc.,
regarding the companies' use of Lowell Lane. He explained the companies do have permits issued by the
City and County of Broomfield to operate; however, the companies are using Lowell Lane, which is
maintained by Weld County.
David Bauer, Department of Public Works, submitted photographs and a vicinity map, marked Exhibits A
and B, and stated the City of Broomfield has an existing Mixed Use Development (MUD) containing two
Use by Special Review (USR) Permits issued to each of the companies for an oil and gas processing
facility and a research facility. He stated the vehicles utilizing both of the facilities have caused damage
to Lowell Lane, and under the proposed agreement, Sundrop will limit its hauling on Lowell Lane and work
with the developer for alternate access. However, Encana feels it was granted the access easement by
the City of Broomfield and it believes the City should take the necessary steps to rectify the matter and
upgrade the alternate route. He stated, at this point, the remainder of the heavy traffic is generated by
Encana. In response to Commissioner Kirkmeyer, Mr. Bauer stated when the City of Broomfield granted
the access, a referral was not received by the Weld County Department of Public Works; however, the City
asserts it did notify the County. He stated plans for full buildout indicate Lowell Lane will double in size to
four lanes and connect to Interstate 25. He further stated the current two lanes of Lowell Lane are entirely
within Weld County's jurisdiction, and eventually the developer will be responsible for building the
Minutes, May 4, 2009 2009-1059
Page 3 BC0016
remainder of the expanded road under Broomfield's jurisdiction. Responding to Commissioner Conway,
Mr. Bauer stated Broomfield did produce a copy of a letter which was sent to Weld County; however, it was
not received by the Department of Public Works and he was unable to locate evidence of a response.
Mr. Barker stated he is currently in the process of working with Broomfield to come to an agreement
regarding the access granted to Encana to resolve the situation. In response to Commissioner
Rademacher, Mr. Bauer stated the Encana well was drilled in 2006, and the developer granted permission
for all of the wells to be directionally drilled from one corner of the parcel, and the tank batteries and
separators have also been installed. He stated upon completion of the MUD, there will be a road
designated as Huron Street; however, the site is currently accessed by a dirt path. He stated it is not
currently suitable for hauling purposes; however, it would be an option if the route is brought up to
standards. He further indicated Encana may be agreeable to using the alternate route if Broomfield agrees
to bear the expense of upgrading the haul route. Responding to Commissioner Rademacher, Mr. Barker
stated Weld County currently manages access through land use approvals because the Access Code has
not been formally adopted, making it is difficult to prohibit access to County roads. Responding further to
Commissioner Rademacher, Mr. Barker stated it is unlikely that Encana is paying any Road Impact Fees.
Commissioner Kirkmeyer commented it will be difficult to assess Impact Fees because the USR property
is not within Weld County, nor was Weld County involved in the land use process. She stated the Board
has been presented with an agreement concerning Sundrop; however, she suggested Encana be notified
that it is not a difficult process for Weld County to adopt an Access Code, thereby, granting the authority
to deny them access to Lowell Lane. In response to Chair Garcia, Mr. Bauer stated Lowell Lane is a
subdivision road and it is possible to designate a weight restriction. Responding to Commissioner Conway,
Mr. Barker reiterated Sundrop is agreeable to the terms presented. Mr. Bauer stated the responses from
Encana have been inconsistent, and he recommends pursuing the option of upgrading the route to the
south to ensure Lowell Lane remains a subdivision road and not a heavy haul route. Commissioner
Conway commented he hopes proceeding with this agreement with Sundrop will prompt Encana to work
towards a solution rather than contributing to the problem. No public testimony was offered concerning
this matter.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Rademacher. Chair Garcia stated he believes Encana should be a part
of the agreement before proceeding, therefore, he would prefer to pursue the placement of a weight limit
on Lowell Lane. He stated he did meet with residents of the Ranch Eggs Subdivision regarding the usage
of Lowell Lane and Broomfield's plans for expanding the roadway, which will have a significant impact on
the community. Commissioner Kirkmeyer stated she supports the proposed agreement, since it works
toward correcting the situation, and she also supports the placement of a weight limit on Lowell Lane,
therefore, she proposed scheduling a Work Session to discuss the overall issue further. Commissioner
Conway stated the current agreement is part of the solution, and it is his hope is that action today will spur
Encana into working towards a solution. Commissioner Rademacher stated his only concern with imposing
a weight limit is to ensure agricultural activities are still allowed. The Board directed Mr. Bauer to schedule
a Work Session to discuss the overall issue. Upon a call for the vote, the motion carried three to one, with
Chair Garcia opposed.
CONSIDER PROFESSIONAL SERVICE AGREEMENT FOR WELD COUNTY FAIR CARNIVAL RIDE
AND AUTHORIZE CHAIR TO SIGN - CHEESMAN RIDES: Mr. Barker stated under this agreement
Cheesman Rides will be allowed to operate rides at the Weld County Fair. He stated Michelle Langston,
CSU Extension, did contact the operator to verify the rides listed in paragraph #1, and the agreement has
also been reviewed and approved by the Weld County Fair Board. In response to Commissioner
Rademacher, Mr. Barker stated the operator provides liability insurance which covers both Weld County
and the Fair Board. Commissioner Rademacher moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, May 4, 2009 2009-1059
Page 4 BC0016
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-6, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE
WELD COUNTY CODE: Mr. Barker stated the Ordinance has been modified based on the direction
provided by the Board in the work session following the first reading. He stated the penalty amounts have
been increased by fifty percent of the full amount designated by the State. Commissioner Conway moved
to read Ordinance #2009-6 by title only. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously. Mr. Barker read said title into the record. In response to Commissioner Kirkmeyer, Paul
Wood, Sheriff's Office Traffic Division, stated the blue highlighted amount is what is being proposed and
the additional dollar amount is a surcharge which will remain unchanged. Responding to Mr. Barker,
Mr. Wood indicated there are also a few fees highlighted in green which reflect reductions to comply with
State levels. In response to Commissioner Kirkmeyer, Mr. Wood indicated the Sheriffs Office would prefer
to assess the full increase to be consistent with State amounts; however, they are agreeable to the partial
increase at this time, with hopes that a further increase may be allowed in the future. No public testimony
was offered concerning this matter. Commissioner Conway thanked Mr. Wood for addressing the Board's
concerns raised in the work session. He stated although the Board is concerned with public safety,
doubling the fees during difficult economic times seemed excessive, and he appreciates the Sheriffs
willingness to accommodate the modified increase. Commissioner Kirkmeyer concurred and stated in the
event of any clerical errors, the intent of the Board is to adopt a fifty percent increase rather than 100
percent allowed by State statute. Commissioner Krkmeyer moved to approve Ordinance #2009-6 on
second reading. Seconded by Commissioner Rademacher, the motion carried unanimously.
PLANNING:
CONSIDER ZONING PERMIT FORA MOBILE HOME, ZPMH #2561, FOR A TEMPORARY ASSESSORY
TO THE FARM - MILLER -TAYLOR FARM, LLC: Wendy Inloes, Department of Planning Services, gave
a brief description of the location of the site and stated staff recommends denial since it does not meet the
intent of Section 24-3-170 of the Weld County Code. She stated the occupant of the mobile home works
on a part-time basis and does not reside in the home full-time. She further stated hay is the only crop
currently in production on the property, and there is an additional home on the site which is also used on
a part-time basis. Ms. Inloes stated staff advised the applicant to pursue a Recorded Exemption on the
property, since there are two residences. She stated the mobile home is located in the floodplain, and will
need to be brought into compliance, if approved, which will also involve review of the septic system. She
further stated the property is currently in violation, and if this request is denied, the violation case will
proceed.
In response to Chair Garcia, Ms. Inloes displayed and reviewed photographs of the site for the record.
Responding to Commissioner Kirkmeyer, Ms. Inloes confirmed the principle dwelling is in violation as a
result of being converted to an office, and the second dwelling is the proposed Accessory to the Farm, all
of which is located on a 156 -acre parcel. In response to Chair Garcia, Ms. Inloes reiterated the mobile
home is located within the floodplain, and she noted the property owner has obtained a Flood Hazard
Development Permit (FHDP) for a garage structure which was destroyed in a fire.
In response to Chair Garcia, Clay Kimmi, Department of Public Works, stated if this request is approved,
the applicant will be required to amend the existing FHDP and submit an elevation certificate. He stated
the mobile home is so close to the garage, that a base flood elevation has already been established,
therefore, if the mobile home is at, or one (1) foot above the base flood elevation, then it will be deemed
acceptable. Responding to Commissioner Rademacher, Mr. Kimmi stated Freese Engineering conducted
an approximate study, which is accepted by the Federal Emergency Management Agency (FEMA), to
determine the base flood elevation for the garage. He stated because the two structures are in close
proximity, the study will suffice for both.
Minutes, May 4, 2009 2009-1059
Page 5 BC0016
Bethany Salzman, Department of Planning Services, stated this property has been presented to the Board
of several different occasions for the storage of business equipment and supplies. She stated the items
have been removed from the site, and the only remaining aspect of the zoning violation is the placement
of the mobile home.
Sheri Lockman, Lockman Land Consulting, LLC, submitted a letter, marked Exhibit A, authorizing her to
represent Becky (Miller) Weinkauf, executor of the Miller -Taylor Farm, LLC. She stated Ms. Weinkauf
resides in Texas, and she read a letter from Ms. Weinkauf into the record indicating the mobile home was
originally placed on the property as a home for her brother, Jerry Miller, who continues to reside on the site,
farm the property, and act as a caretaker of the outbuildings, and the other residence which is vacant part
of the time. Ms. Lockman stated Ms. Weinkauf is hoping to move from Texas to the principal residence
for portions of the year. She stated the applicant contends that the use has not changed from what was
originally approved by Weld County; however, in an attempt to verify the uses which were originally
approved, it was discovered that the permit has been lost. She stated there is not a record of a septic
permit, which would have been required in order to obtain a building permit. As a result of the lost permits,
the applicant had to dig up the septic system to verify the septic is adequate, and they are in the process
of finalizing the paperwork to re-establish the permit file. Ms. Lockman stated the lost zoning permit would
also have indicated that a FHDP was not required, since the building permit was granted. She noted a
FHDP should have been required at the time of original approval, or the mobile home should have been
located out of the floodplain further to the west. Ms. Lockman stated requiring a FHDP at this time will
result in the relocation of the mobile home or elevated 3.2 feet, which is an unnecessary cost for the
applicant. She stated the applicant contends that the FEMA maps are flawed. She stated if the applicant
pursues the Recorded Exemption process, the floodplain issue would still remain a problem, unless waived
by the Board. She further stated requiring the relocation of the mobile home at this late date to correct a
County error made years ago seems very harsh. In response to Commissioner Kirkmeyer, Ms. Lockman
stated the original zoning permit was for a Temporary Accessory to the Farm, and due to the limited record
keeping of the County and the applicant, she is uncertain whether the standard annual review ever
occurred. Responding to Chair Garcia, Ms. Lockman stated Freese Engineering conducted a base line
study and determined the mobile home would need to be elevated 3.2 feet in order to raise the
underground pipes out of the floodplain.
Jerry Miller stated he has resided on the property for approximately 60 years and he indicated the homes
have not flooded during any of the past floods of the Platte River, therefore, he believes the floodplain
maps are flawed. Responding to Commissioner Conway, Mr. Miller indicated the flood heights on the
displayed map and reiterated the water levels have not come near the homes. In response to
Commissioner Kirkmeyer, Mr. Miller stated at the time they applied for the original permit, staff indicated
the lower pasture was in the floodplain; there was no mention of the area around the homes. Responding
to Chair Garcia, Mr. Miller confirmed he moved into the mobile home when it was permitted in 1995, and
since that time he has worked on the farm on a full-time basis. There being no further comments, Chair
Garcia closed public testimony.
In response to Chair Garcia, Mr. Kimmi stated he is uncertain whether the ground beneath the mobile
home would have to be elevated, since the floor level of mobile homes is typically three feet above ground.
He stated even if the application is approved, there is the potential that the home may need to be elevated.
He further stated the area is classified as a Zone A floodplain, which is based on very preliminary FEMA
maps and the limits of the floodplain are approximate. He stated a Letter of Map Amendment is a simple
process to adjust the floodplain boundary. Responding to Chair Garcia, Mr. Kimmi stated FEMA would
consider the engineering report conducted by Freese Engineering, or possibly request additional
information. Responding further to Chair Garcia, Mr. Barker stated the Condition of Approval requires the
applicant to obtain an Amended FHDP, and the primary issue is whether the applicant has complied with
the requirements of a Temporary Accessory to the Farm. He stated the issue of the floodplain does not
Minutes, May 4, 2009 2009-1059
Page 6 BC0016
need to be addressed in order to grant approval, rather, the Conditions require additional work before the
plat may be recorded. Responding to Mr. Barker, Mr. Kimmi stated a No -Rise Certificate would not be
adequate for FEMA, since the mobile home will be a residence or livable structure. In response to
Commissioner Kirkmeyer, Mr. Kimmi stated the preliminary mapping was completed in 1992, and it is
unclear why the permit was originally approved without addressing the floodplain issue. He stated two of
the residences in the area pre -date FEMA; however, the other structures in the area are subject to FEMA
standards. Responding to Commissioner Rademacher, Mr. Kimmi stated although FEMA updated some
of its maps during the 1990's, the map concerning this area was not one of them. In response to
Commissioner Conway, Mr. Kimmi stated there have been others in the area that have been successful
gaining approval of a map amendment, and based on the location of the mobile home, he believes it would
be relative easy to get the boundary adjusted. Responding further to Commissioner Conway, Mr. Kimmi
stated staff recommends a Letter of Map Amendment be done to address every structure on the property.
He further stated FEMA does assess a $500.00 engineering fee to determine the base flood elevation.
In response to Commissioner Rademacher, Mr. Kimmi stated berms must be approved by FEMA as a
means of removing a property from the floodplain.
Commissioner Rademacher stated he supports the Temporary Accessory to the Farm since the use has
been in place since 1995, and Mr. Miller continues to live on the site and maintain the farm.
Commissioners Conway and Kirkmeyer agreed. Commissioner Kirkmeyer added although it may not have
happened in the past, this will now need to be subject to the annual review to determine that the use
remains consistent. Commissioner Rademacher stated he is familiar with the property and it is very well
maintained. In response to Chair Garcia, Ms. Lockman stated she, and the applicant, have reviewed the
Conditions of Approval. She stated although it may be possible to obtain a Letter of Map Amendment, she
requested assistance from County staff in completing the process. Commissioner Kirkmeyer agreed that
although it is unfortunate some to the documents are missing, she maintains that if the applicant had been
diligent about providing the annual review, this long-standing issue may have been resolved. Ms. Lockman
stated if the floodplain boundary had been identified by staff in 1995, the mobile home would have been
appropriately permitted and this would not be a problem today. Commissioner Kirkmeyer moved to
approve said Permit Mobile Home Permit, ZPMH #2561. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0046 -ARTURO CHAVEZ AND
FLORENCIA CHAVEZ-VILLALOBOS: Ms. Inloes stated the property is located within the Townsite of
Wattenburg and zoned A (Agricultural). She stated this case is being presented to the Board for
consideration due to the fact that 31 percent of the surrounding property owners are opposed to the
request. She stated staff recommends denial of the application, as it does not meet the intent of the A
(Agricultural) Zone District. Ms. Inloes indicated some of the area residents have expressed concerns
regarding road damage, noise, pollution, and the safety of area residents. She stated the property is
currently in violation, and if denied, it will proceed through the Violation process. If approved, the applicant
will be subject to the proposed Conditions of Approval. Ms. Inloes displayed photographs of the site and
surrounding area, and in response to Chair Garcia, she stated the lots are small and the streets are
narrow. Responding to Commissioner Rademacher, Ms. Inloes stated there are two commercial vehicles
in question which are owned by the children of the property owner. She further stated no previous ZPCV
permits have been issued in Wattenburg, and the roads do not have a designated weight limit.
Commissioner Kirkmeyer stated there are signs posted which prohibit truck traffic as a result of gravel pits
in the area.
Ms. Salzman explained the previous violation case was in regards to the mother's property, and as a result
they decided to park the commercial vehicles at their personal property down the block. She stated the
second commercial vehicle is larger than a dump truck, but smaller than a semi -trailer. In response to
Commissioner Rademacher, Ms. Salzman stated the dump truck is a single axle. Commissioner
Minutes, May 4, 2009 2009-1059
Page 7 BC0016
Kirkmeyer commented that through the course of the Violation hearing they were directed to apply for this
permit; however, they were given no guarantee of approval. In response to Commissioner Kirkmeyer, Ms.
Salzman clarified the drive of the dump truck does reside on the property; however, her brother does not.
Responding to Commissioner Rademacher, Mr. Barker and Ms. Salzman provided a general summary of
action for several other ZPCV permits throughout Weld County.
Florencia Chavez, applicant, stated her brother no longer drives his commercial vehicle to their mother's
house to avoid any further conflicts, and her roommate's dump truck is only parked at the site during the
winter.
John Venegas, Jr., stated he owns two properties within Wattenburg, and the public concern deals with
large semi -trucks. In response to Chair Garcia, Mr. Venegas stated he supports this request because the
applicants' vehicles are smaller than a semi -truck and they do not move them very often. There being no
further testimony, Chair Garcia closed public testimony.
Commissioner Rademacher expressed concern with the excess weight on the roads and the potential for
damage to the underground lines. In response to Commissioner Rademacher, Mr. Barker confirmed the
permit is for commercial vehicles in general, and if approved, they may upgrade to a larger vehicle in the
future without County approval. Commissioner Kirkmeyer agreed, and also expressed concern with the
safety for children within a residential area with narrow streets. Commissioner Rademacher noted the
Board previously took action to prevent commercial truck traffic in this community, as it related to
surrounding gravel and commercial uses, and he does not support allowing it on an individual basis. Chair
Garcia stated snow removal has also been a problem in the past due to the presence of trucks parked on
the roads. Commissioner Kirkmeyer stated trucks traveling through Wattenburg have been a
long-standing problem and she does not support this request.
Commissioner Kirkmeyer moved to deny Permit ZPCV #0046. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0044 - FIDEL AND MARIA
MOLINA: Ms. Inloes provided a brief description of the location of the property and stated, although this
application meets the criteria for a Commercial Vehicle set forth in Section 23-4-950 of the Weld County
Code, staff agrees it does not meet the intent of the A (Agricultural) Zone District. She expressed concern
with the placement of commercial vehicles within small subdivisions, and staff has received comments from
six surrounding property owners expressing concerns regarding safety, noise, pollution, access, and road
damage. Ms. Inloes stated the property is currently in violation, and if this application is denied, it will
proceed through the violation process. However, it approved, staff recommends inclusion of the proposed
Conditions of Approval. Ms. Inloes displayed photographs of the site, and in response to Commissioner
Rademacher, she stated the Valley View Subdivision is not subject to Covenants, nor is there adequate
access for large vehicles. Responding further to Commissioner Rademacher, Ms. Inloes reiterated she
received responses from six property owners immediately adjacent to the site, all of the internal roads are
gravel, and they are not maintained by Weld County. In response to Commissioner Kirkmeyer, Ms. Inloes
indicated the lots owned by the applicant, and this is the first request for a commercial vehicle permit in
this subdivision. Responding to Commissioner Rademacher, Ms. Inloes stated there are three other
zoning violations concerning commercial vehicles.
Ann Siron, Zoning Compliance Office, indicated the locations of two other properties in the subdivision with
commercial vehicles. She stated one property owner chose to remove their vehicle to bring the site into
compliance, and the other is still under review.
Minutes, May 4, 2009 2009-1059
Page 8 BC0016
Fidel Molina, applicant, stated the truck has been parked at this site for a long time and he has not had
previous problems with his neighbors. He explained he typically drives his truck home from work everyday,
although he does have an alternate place to park it, if necessary.
No public testimony was offered concerning this matter. Commissioner Rademacher stated he would like
to review the County's policy regarding Commercial Vehicles, because he does not believe they are an
appropriate use in residential subdivisions. Commissioner Kirkmeyer agreed that although the properties
are zoned A (Agricultural), they are in a residential development. She suggested rather than reviewing
weight limits, it may be better to consider preventing commercial type uses in residential areas that
commonly have school bus activity, narrow dirt streets, or paved roads that are being damaged as a result
of oversize vehicles. Commissioner Rademacher clarified discussion would be required because some
regular trucks are used for commercial purposes, therefore, he supports the idea of weight limits.
Commissioner Kirkmeyer further stated although the permitting process has been established, she does
not support directing people to go through this process if it is in a residential area. Chair Garcia stated this
subdivision is located in an enclave of the City of Evans, and 37th Street is maintained by the City, which
also provided referral comments that indicate commercial vehicles would be required to park off-street,
pursuant to the Evans City Code. Commissioner Conway concurred with the previous comments, and
stated this is clearly being parked on a neighborhood street and he does not support the application.
Commissioner Kirkmeyer moved to deny Zoning Permit for a Commercial Vehicle, ZPCV #0044.
Seconded by Commissioner Conway, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2009-6 was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:52 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD %.UN OLORADO
AVA
, Pro-Tem
ATTEST:
Weld County Clerk to the Board
BY:
Dep
the Board c _
e ; P. Conway
, .1A
arbara Kirkmeyer
EXCUSED
David E. Long
Minutes, May 4, 2009 2009-1059
Page 9 BC0016
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