HomeMy WebLinkAbout20061078.tiff RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Holton 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-1538
APPLICANT: Matthew& Kristi Morrision
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision, 2n° Filing, Lot 8, Block 4, being part of the SW4 of
Section 24, T4N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home Business
(Morrison Engineering) in the(A)Agricultural Zone District.
LOCATION: East of Northmoor Drive on Sage Court, and 300 feet north of CR 42.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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 Department of Planning Services'staff 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 22-2-180.H—Residential development on agricultural zoned land is provided to aid in
the continuation of agricultural production and/or to accommodate low intensity development.
The Department of Planning Services has determined that a single family residence with a
home business (Morrison Engineering) is low intensity.
Section 22-2-150 B.5 (I. Policy 2.5.b) states"ensure the compatibility with surrounding land
use in terms of general use, building height, scale,density,traffic dust and noise."Conditions
have been included through the conditions of approval and the development standards to
ensure the site does not have an adverse impact on the surrounding properties.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. The surrounding properties are primarily agricultural and
residential. The applicant is proposing on-site septic system and the water will be provided
by an individual well. A violation was initiated (VI-0300343) for the operation of a home
business without the necessary permits. The violation was presented to the Board of county
Commissioners on October 11, 2005. The Board of County Commissioners referred the
case to the Weld County Attorney's office, but delayed legal action for thirty(30) days, thus
giving the applicant time to submit an application.
The Use by Special Review application, if approved, and Conditions of Approval met, will
bring the property into compliance. If denied,all commercial storage and operations shall be
removed; otherwise the Violation case will proceed accordingly.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.Section 23-3-430.H of the Weld County Code provides for a home
business in the A (Agricultural) Zone District. Home businesses are defined as incidental
uses to the principal permitted use for gainful employment of the family residing on the
property.This application is for Morrison Engineering and is for the direct benefit of the family
residing there and is periodic and incidental to the residential use.
[ 4. EXHIBIT
2006-1078
Lt5Q 4163H
Resolution USR-1538
Matthew& Kristi Morrison
Page 2
C. Section 23-2-220.A.3 --The uses that will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are residential (Northmoor Acres
Subdivision) with Agricultural operations to the east of this proposed facility (Longs Peak
Dairy, USR-1258). Existing mature landscaping shall mitigate the impact to the neighboring
properties.
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. The subject property lies within the three-mile referral area for the Towns of
Berthoud, Johnstown and Mead. All municipalities responded with no concerns.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is located in a
platted subdivision. There is no irrigation water associated with this property and the size of
the parcel, 1.27 acres, does not make it conducive for agricultural activities.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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.
If this application is approved and once a plat has been recorded,the violation will be closed; however, if for
any reason this application is denied,the violation process will continue. If denied,within 90 days from denial,
all commercial equipment and activities shall be removed from the property or this case will be presented to
the Board of County Commissioners through the Violation Hearing process.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant shall submit a Sign Plan, as the applicant has not delineated any on-site
sign(s). If an on-site sign(s) is desired, the signs shall adhere to Section 23-4-90.A and
Section 23-4-90.B of the Weld County Code. One identification sign per principal use shall
be allowed, provided that the sign does not exceed sixteen (16)square feet in area per face.
Further,the location of the sign, if applicable shall be delineated on the Site Plan(USR Plat).
(Department of Planning Services)
Resolution USR-1538
Matthew& Kristi Morrison
Page 3
2. Prior to recording the plat:
A. The applicant shall provide written evidence that the existing access to the property is from
Sage Court. It appears to the Department of Public Works that the applicant may be utilizing
the adjacent property owner to the east field access. Is this access being used on a regular
basis? If so,the documentation should be in place from the adjacent property owner giving
permission to utilize the adjacent property for access. (Department of Public Works)
3. The plat shall be amended to delineate the following:
A. All Sheets shall be labeled USR-1538 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. (Department of Planning Services)
D. The location of the dumpster,or other trash receptacle device shall be delineated on the plat.
Areas used for trash collection shall be screened from public rights-of-way and all adjacent
properties. These areas shall be designed and used in a manner that will prevent wind-or
animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code.
(Department of Planning Services)
E. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility,
all light standards shall be delineated on the Use by Special Review Plat in accordance with
Section 23-2-250.D.1 of the Weld County Code. (Department of Planning Services)
F. The existing and approved accesses shall be clearly shown on the plat. (Department of
Public Works)
4. 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)
5. With completion of Item numbers 1, 2, 3 and 4,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)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty (60) days from the date the Resolution was signed a $50.00
recording continuance charge shall be added for each additional 3 month period. (Department of
Planning Services)
7. 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
Resolution USR-1538
Matthew& Kristi Morrison
Page 4
sent to maps(@co.weld.co.us. (Department of Planning Services)
8. Prior to the release of building permits:
A. A building permit is required for the change of use for the 40 x 40 square foot shop. Two
complete sets of engineer stamped plans will be required at the time of the permit
application. One set of plans will need to be submitted to the local fire district. (Department
of Building Inspection)
B. Buildings shall conform to the various codes adopted at the time of the permit application.
Current codes adopted by Weld County include; 2003 International building code, 2003
International Mechanical code,2003 International plumbing code,2003 International fuel gas
code,2002 national electrical code,and chapter 29 of the Weld County Code. (Department
of Building Inspection)
C. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review.Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
9. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Matthew & Kristi Morrison
USR-1538
1. A Site Specific Development Plan and Special Review Permit for a Home Business (Morrison
Engineering)in the(A)Agricultural Zone District,as indicated in the application materials on file 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. To ensure compatibility, and if an on-site sign(s) is desired, the signs shall adhere to Section 23-4-
90.A and Section 23-4-90.B of the Weld County Code. (Department of Planning Services)
5. The number of employees shall be limited to family members residing on the property as stated in the
application materials for a Home Business. (Department of Planning Services)
HOME BUSINESS: An incidental use to the principal permitted use for gainful employment of the
family residing on the property, where:
Such use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein.
Such use is clearly incidental and secondary to the principal permitted use and shall not change the
character thereof. (Department of Planning Services)
6. The hours of operation shall be limited to Monday through Friday 8 A.M to 5 P.M. as stated in the
application materials. (Department of Planning Services)
7. 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)
8. 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)
9. 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
Resolution USR-1538
Matthew& Kristi Morrison
Page 6
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
13. 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)
14. The facility shall utilize the existing public water supply(Little Thompson Water District) (Department
of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
16. Sage Court is located within Northmoor Acres Subdivision.This road is maintained by Weld County.
(Department of Public Works)
17. The applicant shall utilize parking in front of the property on the cul-de-sac or utilize the driveway,as
the frontage of the property is 50 feet in width. (Department of Public Works)
18. 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 or storm run-off. (Department of Public Works)
19. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
20. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Planning Services)
22. Building height shall be measured in accordance with the 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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection
23. Building height, wall and opening protection and limitations and separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
24. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
25. 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)
r
26. The existing landscaping and screening on site shall be maintained at all times. (Department of
Planning Services)
27. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
28. 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)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. 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.
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.
Motion seconded by Chad Auer
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
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.
CERTIFICATION OF COPY
I, Donita May, 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 March 21, 2006.
Dated the 21st
of March, 2006
Donita May
Secretary ---
3- - . zCC(
2006 in order to meet the fifteen day legal notification.
3. CASE NUMBER: PZ-1097
APPLICANT: Breakneck Weld Properties
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Change of Zone from A(Agricultural)to PUD for 9 lots with E
(Estate)Zone Uses.
LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38
Section Line.
Kim Ogle, Department of Planning Services, requested a continuance to April 4, 2006, in order to meet the
fifteen day legal notification required for a PUD (Planned Unit Development). The applicant, Tom
Radigan, is present and has agreed to the continuance.
Doug Ochsner asked the reason for the continuances- was it a staff or applicant mistake and would the
continuances cause any hardship for the applicants. Mr. Ogle replied that it was due to a staff mistake where
the two recording secretaries were training together and failed to submit the legal notifications when they
should have. Mr. Ogle said there would be no hardship involved for the applicants, and that a tertiary legal
notification system had been put in place to assure this did not occur in the future.
The Chair asked if there was any discussion for or against these continuances. No one wished to speak.
Paul Branham moved that Cases Am USR-1476 and PZ-1110 be continued to April 18,2006, and Case PZ-
1097 be continued to April 4, 2006. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Consent items:
4. CASE NUMBER: USR-1547
APPLICANT: Charles and Penny Myers
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2450, part NE4 Section 14, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Home Business (animal/pet crematory) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 34; approximately 1 mile east of
Interstate 25.
Jacqueline Hatch, Department of Planning Services, said the applicants wished 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.
— 5. CASE NUMBER: USR-1538
APPLICANT: Matthew& Kristi Morrision
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision, 2nd Filing, Lot 8, Block 4, being
part of the SW4 of Section 24, T4N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Home Business (Morrison Engineering) in the (A)Agricultural
Zone District.
= EXHIBIT
C
uS211153t
LOCATION: East of Northmoor Drive on Sage Court, and 300 feet north of
CR 42.
Kim Ogle, Department of Planning Services, said he had provided the board, prior to this hearing, with a
memorandum dated March 21, 2006, saying the HOA(Home Owners Association) had come to an
agreement with the Morrisons. This case was continued from January 17, 2006 at the request of the
Morrisions so that they could address the concerns of the HOA. Mr. Ogle said exhibit ten,from the
Northmoor Acres HOA and signed by Jim Russo, HOA president, stated the HOA is in support of the
application as proposed and they have no issues with the applicant's request. Mr. Ogle said planning staff
is requesting it remain on the consent agenda and the applicant 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.
Tom Holton moved that Case USR-1547 and Case USR-1538, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Specific time for public input has been set aside for discussion on the following items:
6. CASE NUMBER: 3rdAmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; part S2N2SE4 and N2S2SE4 Section 32,
T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special
Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill,
storage, shredding and recycling facility)
manufacturing/processing facility(cryogenic processing/crumb
rubber) and a mobile home for housing in the 1-3 Zone District.
LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of
CR 28.
Jacqueline Hatch, Department of Planning Services, said Dwain Immel/Tire Recycling Inc. has applied for an
Amended Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill, storage, shredding and recycling facility), heavy
manufacturing-processing facility(cryogenic processing—crumb rubber)and a mobile home for housing in the
1-3 Zone District.
This case was continued at the March 7, 2006 Planning Commission hearing to today to allow for the
Environmental Health Department to provided comments regarding this application. The Environmental Health
Department referral was received by the Planning Department March 15,2006, and has been incorporated into
the staff comments.
The sign announcing the planning commission hearing was posted on February 23, 2006 by staff.
The site is located west of and adjacent to County Road 41 and north of and adjacent to County Road 26
(section line).
The area consists of approximately 120 acres and is currently being utilized as a Commercial Junkyard and
Salvage Yard (tire landfill, storage and recycling facility) along with a Certificate of Designation and a mobile
home for housing of tire purchasers in the 1-3 (Industrial)Zone District.
3
1-17- Ct(t
surrounding land use in terms of general use, building height, scale, density, traffic dust and noise", and
Section 23-2-220 which also addressed compatibility,and also because it does not fit under the definition of
a home business and that it was clearly not incidental and secondary to the principal permitted use and that
it would change the character of the area. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes; Erich Ehrlich,yes;Torn Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes. Motion carried
unanimously.
— 3. CASE NUMBER: USR-1538
APPLICANT: Matthew& Kristi Morrison
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision,2nd Filing, Lot 8, Block 4, being part of
the SW4 of Section 24,T4N, R68W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home
Business(Morrison Engineering)in the(A)Agricultural Zone District.
LOCATION: East of Northmoor Drive on Sage Court,and 300 feet north of CR 42.
Kim Ogle, Department of Planning Services, said that Matthew & Kristi Morrison have proposed a Site
Specific Development Plan and Special Review Permit for a Home Business and would like the case to
remain on the consent agenda. Mr.Ogle said Bruce Bickel,an attorney representing Northmoor subdivision
also wished to speak.
The Chair asked if any of the Planning Commissioners wished to remove this from the consent agenda. As
no one did,the Chair opened up the public portion of the hearing.
Bruce Bickel,attorney representing Northmoor subdivision,said he knows the county was not charged with
enforcing covenants but the Home Owners Association had some concems with the application,specifically
item B., page three regarding evidence of periodic use. He said there was roughly nineteen hundred fifty
(1950) square feet in the residence and a shop containing sixteen hundred (1600) square feet. This
equated to forty two percent which would be business related and this was not an incidental use of the
property. Additionally,the subdivision covenants state no commercial enterprise shall be conducted from a
home and this was clearly a commercial enterprise. Mr.Bickel said the Home Owners Association Board of
Directors would be conducting their annual meeting in the near future to review this and other home related
uses. He suggested it would be appropriate to process this on two levels,because they would need to get
the county approval first and then face the covenant issue before this would be a legally accepted use for
either of the entities involved. Mr. Bickel suggested this case be delayed until the Home Owners
Association meeting February 25,2006. Mr.Morrison asked Mr.Bickel if the Home Owners Association had
the power to determine or enforce the use. Mr. Bickel replied that the board of directors would determine
whether or not this would constitute a commercial use even though the business was to be conducted totally
within the residence and had no outside advertising or outside impacts to the property. The Home Owners
Association would not be taking any specific action but they would address applicants use.
Mike Martin,Vice President of the Home Owners Association,said they would be discussing this application
at the February 25,2006 meeting and would like it to be removed from the consent agenda.
Matt Morrison,5491 Sage Court,Johnstown,CO,owner and operator of Morrison Engineering,addressed
the Planning Commission and said that he had discussed their annual meeting in February,regarding what
kind of businesses would be allowed in the subdivision,with the president of the Northmoor Home Owners
Association and that after that meeting there may not be an opposing view on his business. Mr.Morrison
requested that his case be continued.
Tom Holton moved that case USR-1538 be removed from the consent agenda. Mike Miller seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes; Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes; Paul Branham,yes. Motion carried
unanimously.
The Chair asked Mr. Ogle to determine the next possible hearing date for this case. Mr.Ogle replied that
March 21, 2006 in the Southwest Weld County Hearing room would be available.
Mike Miller moved that Case USR-1538 be continued to the March 21, 2006 hearing date. Tom Holton
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes. Motion carried
unanimously.
HEARING ITEMS
4. Roger Vigil Building Official
Electrical&Permit Code Changes
Roger Vigil,Building Official with the Planning Department,proposed two code changes to Chapter 29 of the
Weld County Code. The first code change was to Section 29-2-70 which would approve the 2005 National
Electrical Code and amendments. The second was to Section 29-8-40 and would provide a definite
expiration date on building permits and prevent building permits from continuing for an indefinite time period,
based on progress being made every one hundred eighty (180) days. Mr.Vigil said the Building Trade
Advisory Board had recommended approval of the code changes as submitted.
The Chair asked about the problems associated with indefinite permits, were there many permits that
continued past the six month deadlines, and would this make sense. Mr. Vigil replied that presently of
seventy five permits,a list provided by Peggy Gregory,Compliance Officer,about twenty five percent were
outstanding permits that have gone past their completion date. Most of these were due to the customer not
following through with inspections. These proposed changes would eliminate the ten day letters and the
one hundred eighty day roll over presently in place.
Mr. Ehrlich asked if building permit fees have increased. Mr.Vigil said not since 2003,that the only fees
increased were for manufactured homes. Mr. Ehrlich then asked Mr.Vigil about the seventy four permits
presently in violation and how that would work. Mr.Vigil replied that as long as you call for inspections,you
have one hundred eighty days from each inspection and then gave some specific examples.
Mr. Miller inquired about additional charges for inspections and whether it would make more sense to
charge for additional inspections rather than charge another building permit fee. Mr.Vigil responded that at
the present time,if a permit expired,the fee to activate it was half of the original building permit fee. Mr.
Miller suggested it might make more sense to do the building permits something like manufactured homes
were done now where there was a specific time limit to complete the job.
Mr. Holton asked how many of the seventy four permits in violation were homes being built by the
homeowner. Mr.Vigil said probably all of them.
The Chair asked about exceptions after the fact for those that can't complete their building for some reason
and what provisions were written in for those instances. Mr.Vigil said the only avenue would be to reapply
for a new permit. Mr.Ehrlich asked if commercial building was handled differently than residential as far as
utilization periods were concerned. Mr.Vigil said the code changes every three years.
Mr.Miller said commercial doesn't usually drag out due to money involved,investors,etc.and he supported
amendments to the electrical code but thinks permit changes were overbearing and put unreasonable
expectations on the homeowner. Mr.Miller felt it was better to charge for each inspection beyond a certain
number rather than pay for another permit after time had expired.
Mr. Holton asked about charges for failed inspections. Mr.Vigil responded that a re-inspection fee was
assessed if the job was not ready when the inspector was called to come and added that currently there
were no consequences for lengthy finishes.
The Chair asked Mr.Morrison about recommending changes to the request. Mr.Morrison said if they have
specific language,they could recommend an amendment to the language,orjust provide comments without
proposing specific language. Mr. Morrison added that if you propose a motion,there would be a resolution
that would reflect more formally what your position was.
The Chair asked about site inspections, set backs etc. and if the cost to the county would be less the
second time as these would not need to be done again. Mr.Vigil said that was correct.
Mr.Branham said it seems that concern was with private residences and would it be appropriate to approve
this as presented,excluding the private residence.
Mr. Holton asked if they were going to make adjustments to item b.to specify owner built.
.-- Mike Miller moved to accept code changes to Section 29-2-70 relative to the 2005 National Electric Code
and the amendments. Erich Ehrlich seconded the motion.
Hello