HomeMy WebLinkAbout20122381.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 21, 2012
`' A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building,Hearing Room, 1150 O Street,Greeley,Colorado. The meeting was called to order by Chair,Jason
Maxey, at 1:30 p.m.
Roll Call.
Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bill Hall.
Also Present:Kim Ogle,Chris Gathman,and Tom Parka, Department of Planning Services;Don Carroll and
Heidi Hansen,Department of Public Works;Lauren Light and Troy Swain,Department of Health;Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion:Approve the August 7, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Joyce Smock.
Motion passed unanimously.
CASE NUMBER: USR12-0029
APPLICANT: DANIEL P. DIETZLER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT
GRAVEL MINING (SANDS, GRAVELS AND STONES) AND MATERIALS
PROCESSING [PAWNEE AGGREGATE MINE] IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: PART OF THE NW4NE4 SECTION 31 AND PART OF S2SE4 & SE4SW4 OF
SECTION 30; ALL IN T10N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 112;APPROXIMATELY 1.5 MILES EAST OF CR95.
Kim Ogle, Planning Services, presented Case USR12-0029, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. They have asked the applicant to enter into a Non-Exclusive License Agreement for
the upgrade and maintenance of that section of CR 99 Section Line Road that they will be accessing. An
Improvements Agreement will be required to establish a haul route and for any improvements coming out of
the mining site.
i Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. Ms. Light recommended that Development Standard 11 be
amended to read "Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and Bottled water are acceptable."
In addition, Ms.Light stated that Development Standards 16 and 29 are duplicated;therefore one of those can
be deleted.
Motion:Amend Development Standard 11 per Staff recommendation,Moved by Robert Grand,Seconded
by Nick Berryman.
Motion passed unanimously.
1
communications q/5/12 O)O/(9- a351
Motion: Delete Development Standard 29 and renumber accordingly, Moved by Benjamin Hansford,
Seconded by Joyce Smock.
Motion passed unanimously.
Mickey Leyba-Farnsworth, 1605 Orion Place, Longmont, Colorado stated that they have read all the
conditions of approval and development standards and have no issues with complying with those
requirements. In addition, Ms.Leyba-Farnsworth stated that they have been working with the State Division of
Reclamation and Mining and did receive written approval. They are working on getting their performance and
financial warranties in place and should have those in order in the next couple of weeks so that they can
receive their official permit.
In response to Commissioner Smock's inquiry, Ms. Leyba-Farnsworth stated that there will be 50 to 60 trips
per day.
Ir The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brian Kennison,47765 CR 112, clarified that there is no house where this mine site is going to be so no one
can live there. Mr. Kennison referred to the application where it states that there are no nearby residences;
however he stated that he lives 0.4 tenths of a mile from the proposed gravel pit. He added that he has young
children and is concerned with the traffic and dust. Mr. Kennison stated that the road has been nearly
impassable most of the time and requested that mag chloride be applied to the road.
Commissioner Grand asked Mr. Carroll if Mr. Kennison's issues will be resolved in the Improvements
Agreement. Mr. Carroll replied that with issues like this the Public Works Department requests that mag
chloride is applied to the road on 300 feet of either side of the front of the residence. He added that truck
turning and bus signs may also be posted.
Ben Warren lives to the west of Mr.Kennison approximately 1 mile. He is also concerned with the dust
and the number of trucks on the road.He noted a new water hauling facility at County Roads 95 and 118 and
said that the truck traffic will increase. The cattle in the corral are breathing that dust all the time. He believes
that there should be a schedule on controlling the dust rather than on an as needed basis.
ir Ms.Leyba-Farnsworth said that the actual area of disturbance proposed is 66.6 acres and not the entire
site. With regard to truck traffic,the haul routes will be determined and the applicant is committed to whatever
it will take to maintain dust control. Ms.Leyba-Farnsworth said that there are specific haul routes and trigger
points for applying mag chloride with regard to the water hauling facility mentioned.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
I' Motion: Forward Case USR12-0029 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock,Mark Lawley,Nick Berryman,Robert
Grand.
CASE NUMBER: USR12-0041
APPLICANT: LARRY D JOHNSON LIVING TRUST
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
2
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS (A MIXED
ANIMAL VETERINARY CLINIC)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-1676;PART N2SW4 SECTION 20,T4N,R68W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 3 AND APPROXIMATELY 2/3 MILE NORTH
OF CR 40.5.
Chris Gathman, Planning Services, presented Case USR12-0041, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Di' Dana Johnson, 20360 CR 3, Berthoud, CO, stated that she is proposing to have a mixed animal
veterinary clinic to treat dogs, cats and horses. She said that they are expecting 10 to 15 vehicles per day.
r The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Benjamin Cox stated that he lives across the street from the proposed veterinary clinic. He is concerned with
possible expansion of the clinic and the addition of a kennel facility. After visiting with Staff this morning, he
was reassured that a kennel would require a different land use permit and that the applicant has stated there
will be no more than 6 employees on site at any given time.
Ms.Johnson said that she is happy to have an acceptable landscape plan. She requested that if there is
an employee cap that it be in terms of full-time employees. She said that she does not intend to expand the
operation.
Mr. Gathman recommended amending Development Standard 3 to read "The number of employees (not
including family members)shall be six(6)full-time employees or equivalent."
Motion:Amend Development Standard 3 as per staff recommendation,Moved by Robert Grand,Seconded
by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if she has read through the amended Development Standards and Conditions
of Approval and if she is in agreement with those. The applicant replied that she is in agreement.
Motion: Forward Case USR12-0041 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Jordan Jemiola.
The Chair called a recess at 2:27 pm and reconvened the hearing at 2:53 pm.
CASE NUMBER: USR12-0034
APPLICANT: BB COLORADO HOLDINGS LLC
PLANNER: TOM PARK()
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
LIVESTOCK CONFINEMENT OPERATION (8,000 HEAD DAIRY) AND ONE
SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A ABOVE(A SECOND SINGLE FAMILY DWELLING)
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: NE4 SECTION 22,T2N,R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 20 AND WEST OF AND ADJACENT TO CR
21.
3
Tom Parko, Planning Services, presented Case USR12-0034, reading the recommendation and
comments into the record. This site was previously used as a turkey operation. The existing buildings will be
removed to accommodate the dairy operation. The site is located within the three-mile referral area for the
Towns of Firestone and Frederick as well as the City of Ft. Lupton. The Towns of Frederick and Firestone did
not respond with any comments or concerns; however the City of Ft. Lupton did not object to the dairy but
requested that the applicant visit with them regarding possible annexation. Mr. Parko noted that several
letters were received from surrounding property owners in opposition to this request. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Di' Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. There will be an Improvements and Road Maintenance Agreement with the
applicant.
lir Troy Swain, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site
dust control, Waste Handling Plan and Nuisance Control Plan.
► Tom Haren,AGPROfessionals LLC,4350 Hwy 66, Longmont,CO,stated that this facility is support for
the DeHaan dairy which is an existing dairy operation located one(1)mile south. The existing poultry barns
on site will be removed to construct the proposed dairy. The northern portion of the site will house the baby
calves and heifers. The southern portion of the property will operate the dairy milking facility.
Mr. Haren said that he understands the neighbors concerns with the nuisance,waste,and number and size of
cattle on site;therefore they have revised the site plan this past weekend. The changes include an increase to
the buffer size on the eastern portion of the property, redesigned the ponds, and moved the manure and
composting sites to the western portion of the property. In addition,they have reduced the animal density by
25%. They are proposing to milk 1,500 cows with 4,500 calves and heifers on site.
Mr. Haren commented that agricultural uses are able to operate with incompatible uses. He added that they
feel it is compatible with future and existing uses and provided examples of dairies adjacent to existing
subdivisions.
Mr. Haren outlined the Nuisance Management Plan and the manure and compost location proposed on site.
In response to Commissioner Maxey's inquiry, Mr. Haren said that the idle acres will be used for crop
production or possibly a pasture.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Marian Hobbs,8590 CR 21,stated that she is the spokesperson for the neighborhood and added that she has
lived there for 22 years. She said that there are 27 families representing more than 50 people. They are
opposing this application because of the environmental concerns, flies, and business profits at the rural
residences expense. She stated that the applicant did not contact any landowners;however after August 13th,
only a few landowners were contact by the applicant's representative. She added that this use is too intense
for this site. Ms. Hobbs urged the Planning Commission to deny this application.
Ms. Hobbs noted on a visual map she provided with all the people concerned or opposed to the dairy. This
represents 27 families or over 50 people.
li' Charles Baum, 8519 CR 21, stated that his family is opposed to this request. There are no adequate
buffer zones,although they have just revised it. He said that this is a mega commercial dairy and even with
the new reduction to 6000 head, it is still too large for this parcel of ground. He strongly urged the Planning
Commission to deny this request.
4
Dawn Bernhard, 8798 CR 21,stated that they live directly across the proposed dairy. They have lived
there for 24 years. They are concerned with the odor, flies, noise, and they are opposed to any dairy that
requires a special use permit. She added that she understands that the plan has been revised but it is still not
enough. Ms. Bernhard expressed concern of the drainage that catches the manure and urine on the site and
then it goes through her property. She is also concerned with the increased traffic. Ms. Bernhard stated that
they love their community and urged denial of this case.
► Debra Griffin,9262 CR 21,said that they have lived on their property for 11 years. She stated that they
were not contacted by the applicant regarding this proposed case. They do not feel the site is appropriate for
this proposed use. She is concerned with the dust and added that she has a family member who has asthma.
In addition, they support agriculture but stated that this is a commercial business. They are worried about
their quality of life that will be deteriorated by this use. She respectfully requested that this request be denied.
I' Thomas Harris,8575 CR 21,stated that he has lived there for 15 years. He added that they are opposed
to any dairy operation that requires a special use permit. He expressed concerns over the environmental and
ecological issues and added that it is an unacceptable risk to his family and neighbors in this area.
D. Frank Hobbs,8590 CR 21,stated that he has lived there for 22 years. He loves dairy and drinking milk,
but the proposal of the size of this dairy is absurd. He believes that the applicants are grasping at straws with
changing the plan in the last day. It is too intense for this piece of ground. He said that this is a well
established community with an intense dairy that could run them out. He requested denial of this application.
D' Dirk Bassinger, representing Kerr McGee Gas Onshore LP,stated that they submitted an objection letter.
Kerr McGee owns oil and gas leasehold interests and operates 3 producing oil and gas wells on the property.
The site plan provided by the applicant does not identify the locations for the existing wells with adequate
setbacks for the future oil and gas operations. Mr. Bassinger said that they have initiated discussions with the
applicant to reach an agreement that provides the compatible use of the property; however as of today, no
agreement has been met. Therefore, Kerr McGee requests that either this case be approved along with a
condition that an agreement be reached between the applicant and Kerr McGee or that this case be continued
until the parties reach an agreement.
Kelsey Wasylenky,represents KP Kaufman Company, 1675 Broadway,Suite 2100,Denver CO,echoed
Kerr McGee Anadarko's comments that before final approval is made that an agreement be reached between
the parties. She added that they also have three(3)operating wells on the property.
• Willis Black read a letter from his mother into record opposing the request.
▪ Kathy Pope,9467 CR 18,stated that they have 20 to 60 trucks per hour down their road from gravel pits,
oil and gas activity, and dairy. The road is not wide enough and cannot make the turns. She said she has
asked why the trucks cannot travel the paved road and the drivers tell her that they are not permitted to drive
on the paved road and have to take the dirt road. She added that the dust is terrible.
r Henry Thuener, 10303 CR 20, said that he has lived there for 18 years. He said that he is allowed to
board horses at his facility. They are opposed to any dairy operation requiring a USR. He requested that this
application be denied.
► Bill Lent,8582 CR 21,echoed his neighbors concerns. He moved here 2 years ago and does not want a
dairy farm across from him.
Liz Krueger, 8657 CR 21,stated that they have lived there for 42 years. She added that they were not
contacted until a week ago Monday for this proposal. Ms. Krueger said that in the initial stages of the
composting it is like the stench of decomposing carcasses. It is very impermeating and it will prevent them
from enjoying the outside. They know what to expect from an agricultural area but they feel that this is too
5
intense for this size of land. She understands that there is a nuisance plan on paper but there is a dairy 1 mile
south with the same problems and the control plans are not always effective.
Joe Krueger said that he has had good dealings with Weld County and his neighbors. However he feels that
they are being attacked by an entity that has no conscience beyond their own bottom line and self interest.
DP Rosa Watson, 10228 CR 20, said that she has lived there for 46 years. Ms. Watson said that she is
opposed to this request because there is a lot of traffic and health issues.
Denette and Kendra Venasek, 7012 CR 21 said that her family has lived there for 65 years. Ms.
Venasek stated that they are opposed to any dairy operation that requires a special permit. They have
enjoyed the country life,no lights,fresh air,and open space. Their quality of life has changed since the Front
Range Diary has moved in. They have dust,odor,flies,and they cannot open their windows. They have had
more than 50 dead birds land over their property on occasion. She contacted EPA and added that they were
told that they dairy is allowed to poison the cattle feed twice per year as starlings eat the cattle feed and then
their droppings in return make the cattle sick. Ms.Venasek stated that they are responsible in disposing of the
dead birds. She added that that they have a bald eagle and other animals and asked what if they eat those
dead birds.In addition,the flies are horrendous. They have tried traps and spray and it gives a little bit of relief
but the traps fill up in about 3 days. She said that the Front Range Dairy business has come at the expense of
her family's quality of life. She requested the denial of this application
D. Holly Oxley, 8653 CR 21, stated that they have lived there for 11 years. She echoed Ms. Venasek's
comments. There are 24 hours a day of light, odor and noise pollution. Their quality of life will be greatly
diminished. There will be noise pollution from the equipment moving 24 hours a day. They cannot entertain
or have guests over to enjoy the outdoors. They operate a beehive and are concerned that the pesticides that
will be sprayed to take care of flies will also wipe out their beehive. She has researched and found that animal
containment facilities decrease the value of the property. No one else will want to purchase their property.
The applicants did not try to contact them as well. There is a buffer zone but they will still smell it and hear it.
She asked that this case be denied for it is too intense for a small area of land.
DP Brian Bernhard,8798 CR 21,said that even with the buffers whatever is on that property will drain onto
their property. He expressed concern over the environmental issues,manure,composting,noise and added
that you can try to control them all you want but it is still there. This use will impact everyone around them.Mr.
Bernhard noted that there are several bald eagles in the community. He stated that they are opposed to this
dairy.
The Chair closed the public portion of the hearing.
The Chair called a recess at 5:21 pm and reconvened the hearing at 5:39 pm. Joyce Smock left the meeting.
ID' Mr. Haren addressed the issues brought up by the public. He started by saying that they have drafted
Surface Use Agreements with the oil and gas companies. He added that there is a condition that states they
need to continue to attempt to reach a Surface Use Agreement.
Mr. Haren said that there was a lot of discussion with traffic that he felt was not related to the dairy. He
added that the roads that are rough are also hard on their equipment and trucks as well as their cars. There
will be a designated haul route for this facility.
With regard to flies and nuisance, Mr. Haren noted the comment referring to a tiered approach. The first
approach is housekeeping. He added that there is a tiered approach of utilizing pesticides. He said that they
have used wasps and indicated that it is a recommended practice. Mr. Haren said that they do not poison
their dairy feed.
There were several comments regarding contacting neighbors.Mr.Haren said that this is the public process.
The communications that they have had with the neighbors was very cordial and civil. He added that the
6
people have been informed, they have gotten feedback and they have made changes to the application.
Mr. Haren referred to the comment regarding other suggested parcels and said that those parcels were
purchased by Anadarko and are currently under contract. The subject site actually was one of the most
expensive.
Mr. Haren said that if you choose to live in the agricultural zone district,a special use may be located next to
you because that is where they are directed to go. They feel they have met all the requirements for approval
and requested approval of this case.
Commissioner Grand asked what the process is for advising applicants to contact neighbors. Mr. Parko said it
is not a requirement but staff encourages the applicant to hold neighborhood meetings.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
I► Motion: Forward Case USR12-0034 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Mark Lawley.
Vote: Motion passed (summary: Yes =5, No= 1,Abstain =0).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman.
No: Robert Grand.
Absent: Joyce Smock.
Commissioner Berryman commented that the applicants have met all the requirements. He spent a good
portion of his life living next to a feedlot as well and knows that there are nuisances and it isn't pleasant all the
item but doesn't believe it is entirely incompatible for that reason either.
Commissioner Jemiola commented that he lives next to a dairy in Milliken. He added that he believes that this
request is consistent with the Weld County Comprehensive Plan and that it has met all the applicable
requirements.
Commissioner Grand said that the applicants have followed the requirements but is concerned with the
surrounding landowners who expressed frustration for not being contacted earlier. He doesn't feel that
contacting them was adequately done and feels that the intensity of the project given the neighborhood
concerns really requires some thought.
Commissioner Maxey echoed Mr. Grand's comments but he believes that the applicants have fulfilled their
requirements to the best of their abilities.
CASE NUMBER: ORDINANCE 2012-4
PLANNER: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING OF THE WELD COUNTY CODE.
ID' Tom Parko, Planning Services, introduced modifications to the proposed code changes to Chapter 23
Zoning of the Weld County Code.
The first change is including yaks and camels into the livestock definition. It was previously defined as an
exotic animal but the Planning Department has had some interest with camels and yaks and they feel that this
could fall into a USR permit. Commissioner Grand asked if consideration could be given for a buffer zone
around an intense use, such as the dairy, to protect the citizens. Staff and members of the Planning
Commission said that given that it is in the agricultural zone district and the right to farm, it may be difficult to
control.
7
The second change is including concrete and asphalt batch plants on a temporary basis on private property.
Currently,a batch plant is allowed on a temporary basis for the sole purpose of building a road. In this case,
however, this proposes that it can be used on private property on a temporary basis (6 months)as well.
The final change is allowing oil and gas support and service facilities as a Use by Right in the 1-2 zone district
and as a Use by Special Review in the I-1 zone district. Currently, it is allowed as a Use by Right in the 1-3
zone district.
Motion: Forward Ordinance 2012-4 to the Board of County Commissioners along with the modifications as
presented by staff, Moved by Robert Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Grand asked the Planning Commission and staff to consider what changes could be made to
require future water storage projects for recreation use.Brad Yatabe,County Attorney,will research if we can
legally impose those restrictions on a water storage project for a municipality.
Mr. Maxey reported back that he contacted Commissioner Garcia regarding presenting plaques to past
Planning Commissioners. He added that the plaques cost$9 and asked if the Planning Commission wished
to pursue the request of presenting plaques rather than certificates. Mr. Maxey said that Commissioner
Garcia expressed concern of being consistent with the other advisory boards of Weld County. The Planning
Commissioners feel that with the years of service, at a minimum, a nice frame or plaque would be
appreciated. Mr. Lawley said that he doesn't have a problem putting some money together as a group and
getting a plaque. He understands the County's position given the number of volunteer advisory boards. He
added that he wanted to be a part of the Planning Commission not for the recognition but to give back to his
community.
Meeting adjourned at 6:23 pm.
Respectfully submitted,
a(�/(J/J,,, - ',, 4 Digitally signed by Kristine Ranslem
s� r HMILtWnL. Reason: m the author of this document
Location:1555 N 17th Ave
Date:2012.08.27 09:08:43-06'00'
Kristine Ranslem
Secretary
8
Hello