HomeMy WebLinkAbout20093029.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-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, TIN, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 12; west of and adjacent to CR 37.
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 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.of the Weld County Code states: "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural lands to other land
uses."
The applicant is proposing to park a total of two (2) semi tractors (one more than the
amount allowed as a use by right in the Agricultural zone district) along with three (3)
trailers. The Department of Planning Services is requiring a Screening Plan be submitted
to screen the vehicles and trailers.
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.O of the Weld County Code provides for a
Home Business 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.
This use meets the intent of a "Home Business" as defined in the Weld County Code. The
home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof.
Attached Conditions of Approval (requiring the trucks to be screened) and Development
Standards will ensure that the proposed use is compatible with the surrounding area.
2009-3029
Resolution USR-1715
Carlos Cisneros
Page 2
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D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. This site is located within the 3 -mile referral area for the Town of
Lochbuie. No referral response has been received from the Town of Lochbuie.
E. Section 23-2-220.A.5 -- The application complies with Article V, Divisions 1, 2, 3 and 4 of
the Weld County Code.
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.5 -- The site does not lie within any Overlay Districts
G. 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 parcel is
approximately 2 acres in size with an existing residence and garage on the property.
H. 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.
Previously, the property was in violation (ZCV-08-00384) for storing multiple commercial vehicles on a
property 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. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment.
B. Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1) 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).
Resolution USR-1715
Carlos Cisneros
Page 3
C. The applicant shall address the requirements of the Department of Public Works as
stated in their referral response received September 3, 2009. Written evidence of Public
Works approval shall be submitted to the Department of Planning Services. (Department
of Public Works)
D. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. The semi trucks and trailers shall be screened by an opaque fence (or
landscaping material) from adjacent properties and rights -of -way or shall be placed inside
an enclosed building. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1707. (Department of Planning
Services)
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4. County Road 37 is a collector road and requires an 80 -foot right-of-way at full
build out. There is presently a 60 -foot right-of-way. This road is maintained by
Weld County. Pursuant to the definition of setback in the Weld County Zoning
(23-1-90), the required setback is measured from the future right-of-way line.
Existing County Road 37 right-of-way (30 -feet from centerline) shall be delineated
on the plat along with an additional 10 feet shall be delineated on the plat as
future County Road 37 right-of-way. (Department of Public Works)
5. County Road 12 is a section -line road and requires a 60 -foot right-of-way at full
build out. There is presently a 60 -foot right-of-way. This road is not maintained
by Weld County. Pursuant to the definition of setback in the Weld County Zoning
(23-1-90), the required setback is measured from the future right-of-way line.
Existing County Road 12 right-of-way (30 -feet from centerline) shall be delineated
on the plat. (Department of Public Works)
6. The parking surface materials shall be indicated (gravel, recycled asphalt or
equivalent). (Department of Public Works)
7. The approved Screening Plan. (Department of Planning Services)
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 dhuerter(cr�co.weld.co.us (Department of Planning Services)
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Resolution USR-1715
Carlos Cisneros
Page 4
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)
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 3rd of November, 2009.
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carlos Cisneros
USR-1715
1. The Site Specific Development Plan and Special Use Permit is for a home business (parking of two
(2) semi -tractors and three (3) trailers) in the A (Agricultural) Zone District 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 vehicles and trailers associated with this use shall be currently licensed and operational.
(Department of Planning Services)
4. Outdoor storage shall be limited to two (2) semi tractors and three (3) trailers. (Department of
Planning Services)
5. Hours of operation (hours of trucks leaving and returning to the site) shall be limited to daylight hours
Monday through Friday. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. 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. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. 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)
10. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial) Zone
Districts as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate handwashing and toilet facilities shall be provided at all times. (Department of Public Health
and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
13. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of
State of Colorado Division of Water Resources, well permit number 50954. (Department of Public
Health and Environment)
14. 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)
15. 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) (Department of Planning
Services)
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Resolution USR-1715
Carlos Cisneros
Page 6
16. The historical flow patterns and run-off 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)
17. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
18. 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)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
22. 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.
23. 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.
24. 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.
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.
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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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR-1705
Land Airport LLC (Lloyd Land)
Chris Gathman
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.
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 FM Form 7480-1 that Mr. Land finally submitted to the
FAA 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 FM 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 1s` Drive, Lakewood CO. Mr. Burke commented that he had prepared the
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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 FM.
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.
CASE NUMBER:
PLANNER:
REQUEST:
Code Ordinance #2009-12
Roger Vigil
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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