HomeMy WebLinkAbout20091368.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenburg.
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 22-2-150D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Development Standards
and Conditions of Approval will ensure that the proposed use will be compatible with the
vicinity. The surrounding property is permitted for mineral resource extraction to the East and
South [AmUSR-421 Asphalt Paving; USR-1350 Aggregate Industries]; to the West is the
Townsite of Wattenburg with several residences in close proximity, and North of CR 6 are
lands in utilized for agricultural uses. Section 23-2-240.A.10 of the Weld County Code states
"...that buffering or screening of the proposed use from adjacent properties may be required
in order to make the determination that the proposed use is compatible with the surrounding
uses." As a Condition of Approval the applicant will be required to screen the use from
adjacent properties and rights -of -way.
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.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District (Parking and Storage for
a Concrete Company) in the A (Agricultural) Zone District. The property is currently in
violation (ZCV07-01039) due to the storage and operation of a commercial business and
equipment storage without first obtaining the necessary land use permits. If this application is
approved the violation will be corrected. If this application is denied the commercial business
and equipment storage shall be immediately removed from the property; otherwise, the
violation case will proceed accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site currently has a concrete block structure and perimeter
fencing on the property. The surrounding property is primarily agricultural in nature with a
several homes located in close proximity. There are thirty-seven property owners on fifty-two
parcels within 500 feet of the property. Conditions of Approval and Development Standards
will ensure compatibility with the surrounding area.
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
2009-1368
Resolution USR-1684
Zapien Brothers Concrete
Page 2
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the City of Fort Lupton and Adams
County. The City of Fort Lupton responded in their referral indicating no conflicts with their
interests, Adams County did not respond.
Section 23-2-220.A.5 -- The site does lie within several 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)
The facility is encumbered by floodplain and is in a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA).
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.
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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:
Prior to recording the plat:
A. The applicant shall submit a detailed sign plan in compliance with Chapter 23 Division 2 of
the Weld County Code to the Weld County Department of Planning Services for review and
approval. (Department of Planning Services)
B. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be
delineated on the plat in accordance with the State requirements as an attempt to mitigate
concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Greater Brighton Fire
Protection District, as stated in the referral response dated December 24, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated December 22, 2008. Including but not
limited to off-street parking, circulation and the facility location within a floodplain. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
Resolution USR-1684
Zapien Brothers Concrete
Page 3
E. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Health and Environment, as stated in the referral response dated December 31, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
F. The applicant shall address the requirements (concerns) of the Weld County Department
Building Inspection, referral dated December 15, 2008. Including but not limited submitted a
building permit for a change of use for the existing pole barn on site. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
G. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services)
H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
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In the event the applicant intends to utilize the existing septic system, for 14 people, 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
systems 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.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
J. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing areas shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should
be designated on the plat. Evidence of approval from the Department of Public Health
and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
K. Evidence shall be provided to Environmental Health Services, Weld County Department
of Public Health & Environment, that the existing floor drain has been disconnected and
will not be utilized. Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
L. Documentation shall be provided to Environmental Health Services, Weld County
Department of Public Health & Environment from Wattenberg Improvement Association
which indicates water service is available for the business. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
M. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
Resolution USR-1684
Zapien Brothers Concrete
Page 4
A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
The applicant shall submit a Landscape and Screening Plan for the site. The plan shall
include the method of screening the form storage area, the concrete blanket storage area,
and trailer parking from adjacent properties and future rights -of -way. The applicant shall
maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times.
(Department of Planning Services)
O. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
P. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1684 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs in compliance with Division 2 of the Weld County
Code. (Department of Planning Services)
4. Grace Avenue and Frederick Street are designated on the County Road
Classification Plan as a local paved road. The future and existing right of way
including the documentation creating them shall be delineated on the plat. These
roads are maintained by Weld County. (Department of Public Works)
5. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
6. The applicant shall provide a parking plan that designates parking spots for
employees, customers, and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Planning Services)
7. The Department of Planning Services has determined from the application materials
that fourteen (14) parking spaces and one (1) ADA parking spaces will be required
on site. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings
(Department of Planning Services)
8. The approved Landscape and Screening Plan. (Department of Planning Services)
9. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
Resolution USR-1684
Zapien Brothers Concrete
Page 5
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Q. The applicant shall submit two (2) 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 thirty (30) 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 mapsAco.weld.co.us. (Department of Planning Services)
Prior to operation:
A. The applicant shall provide a written sign -off from the Greater Brighton Fire Protection District
to the Department of Building Inspection. (Department of Building Inspection)
B. The applicant shall provide a written sign -off from the Department of Public Works indicating
that the Flood Hazard Development Permit for this facility has been approved and all
conditions met to their satisfaction. (Department of Public Works)
5. 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)
Motion seconded by Robert Grand.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Mark Lawley
Nick Berryman
Against Passage Absent
Erich Ehrlich
Roy Spitzer
Paul Branham
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.
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Resolution USR-1684
Zapien Brothers Concrete
Page 6
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 June 2, 2009.
Dated the 2nd of June, 2009.
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4 &tl,{,L7r7G"LQJ t1�1'lM'l
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zapien Brothers Concrete Inc.
USR-1684
A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use,
or a Use by Special Review in the Commercial or Industrial Zone District (Parking and Storage for a
Concrete Company) 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. 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)
4. 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)
5. 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)
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6. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
The facility shall be operated in accordance with approved "dust abatement plan' at all times.
(Department of Public Health and Environment)
8. Any vehicle washing area(s) shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
12. 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)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purpose.
(Department of Public Health and Environment)
14. 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)
Resolution USR-1684
Zapien Brothers Concrete
Page 8
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
16. A plan review shall be approved and a permit issued prior to the start of construction. (Department of
Building Inspection)
17. 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)
18. A letter of approval shall be provided to the Department of Building Inspection from the Greater
Brighton Fire Protection District prior to construction of any structure. (Department of Building
Inspection)
19. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
21. The hours of operation are 7:00am to 6:00pm seven days a week. (Department of Planning Services)
22. The site shall not have more then fourteen (14) employees on site at any given time. (Department of
Planning Services)
23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
24. 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) (Department of Planning Services)
25. The landscape and screening on site shall be maintained in accordance with the approved
Landscaping and Screening Plan. (Department of Planning Services)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
• 29. Engine brake mufflers required for all vehicles associated with this facility. (Department of Planning
Services)
Resolution USR-1684
Zapien Brothers Concrete
Page 9
• 30. Personnel from the Weld County Government 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. (Department of
Planning Services)
31. The applicant or successor shall be in compliance with the Flood Hazard Development Permit at all
times. (Department of Planning Services)
32. 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.
33. 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. (Department of Planning
Services)
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Kim Davis, 30856 Rocky Road. Ms. Davis commented that she resides in the Orr Minor Subdivision. The
research that she did online indicates that they may be mining right up to her property lines on the east side of
the subdivision. She added that if that is the intent, there is an agreement with this company that says they will
not do that and it is on file with the County and State.
Dave Goetzel, 13451 CR 64, Greeley, CO. Mr. Goetzel commented that his property is surrounded by the
mining operation. It currently is being mined on the other side of County Road 64 and will completely surround
his property. This is an agricultural area and the noise, dust, etc. will make it impossible to have any kind of
livestock. He added that it will drastically reduce the price of the property and the heritage of what it is. He
commented that he is opposed to this application.
Ray Sears, 13644 CR 64. Mr. Sears commented that he sent a letter on Friday. He wished to make a
correction to the second paragraph in which it states that the east and south property line border the gravel
pits being presently mined. He stated that it should have read the west property line.
Mr. Sears wished to reiterate the points in his letter. Their greatest concerns are the redirection of surface and
underground water that has taken place as a result of disruption to underground drain tiles that naturally drain
water through his property. That water fed some ponds that he has on his site as well as the site next to him.
Ultimately it dumps out into the Poudre River but historically they did have this drain tile connected.
Mr. Sears commented that Aggregate has provided them with an underground water pipe which supplies
water to those ponds right now; however if there is a disruption in the pumping then his water levels go down.
He added that they have fish in that pond and it would put them in jeopardy.
The berms that surround the gravel mining are a bit of an eye sore. The last three years it has been a real
cause of blowing sand and dirt. The berm line that is on the west part of his driveway provides a really nice
wind tunnel that funnels tumble weeds down into their property.
In Aggregates defense, Mr. Sears commented that they did some hydro seeding on those berms yesterday.
He added that unfortunately it implicates that those berms were there for a while and will continue to be there.
He commented that in talking with an Aggregate representative today it was confirmed that until business
picks up there won't be the necessary reclaiming of knocking that berm down.
The biggest devastation to his property has been the loss of trees that surround his property. He pointed out
that the cause of the destruction of these trees is obviously the lowering of the water table significantly.
The Chair interrupted Mr. Sears and asked if there were any Planning Commissioners who wished to have this
case pulled from the consent agenda to be heard. Robert Grand and Nick Berryman stated that they would
like to hear this case. The Chair commented that they will hear this case after Item B on the Hearing Agenda.
Robert Grand moved to approve the amended Consent Agenda including AmUSR-954 and AmUSR-1105 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 Tom
Holton. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenberg
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Kim Ogle, Planning Services, stated that this application is for the parking and storage of vehicles, equipment
and associated business related activities for the Zapien Brothers Concrete Company located on
approximately 1 acre in the Agricultural Zone District. The applicant is Joel Zapien.
This site is located east of adjacent to Grace Avenue, North and South of Frederick Street, adjacent to the
Wattenburg townsite. The site is located within three miles of the City of Fort Lupton and Adams County. The
City of Fort Lupton responded in their referral indicating no conflicts with their interests; Adams County did not
respond.
The surrounding property is predominately residential and agricultural with multiple homes located in close
proximity. There are thirty-seven property owners on fifty-two parcels within 500 feet of the property,
predominately to the west, north and south. In the near vicinity there are lands permitted for mineral resource
extraction to the East and South (AmUSR-421 Asphalt Paving; USR-1350 Aggregate Industries).
The property is currently in violation (ZCV07-01039) due to the storage and operation of a commercial
business and equipment storage without first obtaining the necessary land use permits. If this application is
approved the violation will be corrected. If this application is denied the commercial business and equipment
storage shall be immediately removed from the property; otherwise, the violation case will proceed
accordingly.
Wattenburg Improvement Association is the water service provider for potable water and there is an ISDS
sewage disposal system associated with this facility.
The site is formerly a pickle dock and more recently a commercial business for an insulation company.
Primary access is from Grace Avenue, formerly utilized as a rail track before being converted to its current
condition of a local paved road. Access drives and the facility yard are graveled and graded. The
existing improvements consist of a single concrete block building with access doors for persons and
vehicles. There is an existing perimeter fence on the property. The entire property is encumbered by
floodplain and is in a Special Flood Hazard Area as determined by the Federal Emergency Management
Agency (FEMA).
The sign for today's hearing was posted at least ten days prior to the hearing by staff and is evidenced by
photograph.
Fourteen referral agencies have reviewed this case and ten offered comments, some with specific
conditions. There has been one letter received from a group of surrounding property owners with
concerns of the existing plant operations, traffic, and speed of vehicles. One electronic mail was received
from another individual who held similar concerns.
Commissioner Ochsner asked what was in this location prior to this application. Mr. Ogle said that it was
occupied by someone who did insulation services and then prior to that it was a pickle dock.
Commissioner Ochsner asked if there was a previous USR on this property. Mr. Ogle replied that there
was a USR for the insulation company.
Joel Zapien stated that he bought the property four (4) years ago as a commercial building. He added that
he is applying for the permit as required by Weld County.
Clay Kimmi, Public Works, commented that back in February, Mr. Zapien applied for Flood Hazard Permit
for the outdoor parking of vehicles. This Flood Hazard Permit was conditionally approved upon the
approval of the USR application by the Board of County Commissioners. If the application is denied this
Flood Hazard Permit will go away. It was issued only for the outdoor storage of vehicles parked overnight.
Any of the storage of concrete blankets or forms would not be allowed to be outside because it is a
floatable material that poses a hazard to the public during a flood. If there is any remodeling on the
building the applicant will be subject to additional floodplain regulations that will require him to elevate that
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building substantially higher than it is now.
Commissioner Berryman asked that in the event of a remodel it has to be 1 foot above the base flood
elevation. Mr. Kimmi replied yes and added that it appears that there would be 3 to 4 feet of water across
that property so he would have to elevate it at least 4 to 5 feet to get above the base flood elevation.
Don Carroll, Public Works, commented that Grace Avenue and Frederick Street are locally paved roads
within Wattenburg, posted at 25 mph.
The applicant has indicated no more than 14 employees on site. The site is gated and located on the
curve of the road where the two roads intersect. Mr. Carroll commented that during their site visit they
noted that most of the traffic going out of the facility was going north from site and not going through the
town.
Lauren Light, Environmental Health, commented that Wattenburg Improvement Association provides
water and there is an existing septic system sized for 13 people. Since there are 14 employees they will
need to have the septic system reviewed by an engineer for additional flow.
Dust Abatement and Waste Handling Plans are required. If the applicant will be washing any commercial
vehicles or equipment on site they will need to contain all the discharges from that.
Ms. Light commented that back in November the applicant came in and talked to one of the staff
members and indicated that there was a floor drain in the building that discharges through a pipe to the
outside and staff was suppose to receive a picture that the pipe was cemented in; however they have not
received one to date. Therefore that is a requirement of Condition 1.K.
Commissioner Ochsner clarified that since there are 14 employees the septic system needs to be
evaluated by an engineer. Ms. Light replied that is correct because the septic permit on file states it is
designed for 13 people.
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 asked Mr. Zapien if he understands the requirement by the Health Department regarding the
number of employees designed for the septic system. Mr. Zapien replied that he would like to change the
number of employees to 13.
The Chair asked the applicant if he has read through the Development Standards and Conditions of Approval
and if he is in agreement with those. The applicant replied that he is in agreement.
Commissioner Holton asked how many employees the insulation company had. Staff could not answer that
but the septic permit indicated that it was installed in 1978 and was designed for 13 people.
Mark Lawley moved that Case USR-1684 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 Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
yes; Roy Spitzer, absent; Tom Holton, no with comment; Doug Ochsner, yes. Motion carried.
Commissioner Holton commented that he is familiar with this small town. He stated that he doesn't feel it
is compatible to have that much traffic going through there with all the kids in the residential area.
The Chair read the next case into record.
CASE NUMBER: USR-1697
APPLICANT: Wade & Shannon Lutz
PLANNER: Chris Gathman
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The Chair read the next case into record.
CASE NUMBER: USR-1691
APPLICANT: Marcos Sanchez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to CR 35 and approximately 1/2 mile south of State Hwy
34.
Chris Gathman, Planning Services, stated that the applicant is requesting to continue this application to the
June 2, 2009 meeting in order to address the 30 day mineral notification requirements per State Statute. He
added that the applicant has already submitted the notifications for the June 2, 2009 hearing so he can make
that 30 day timeline. Staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1691 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Mark Lawley. Motion carried unanimously.
The Chair commented that there has been a change to the agenda in that USR-1684 is requesting a
continuance. He read the case into record.
•
•
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenburg.
Kim Ogle, Planning Services, commented that the applicant has forgotten that he had a hearing today and
is out of town. Therefore he has requested a continuance to the June 2, 2009 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1684 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1689
APPLICANT: Timothy Gonzales
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 18; approximately /2 mile west of CR 31.
Kim Ogle, Planning Services, requested that this item remain on the consent agenda.
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