HomeMy WebLinkAbout20110226.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT y
Tom Holton N C
Mark Lawley
Nick Berryman T
Erich Ehrlich
Robert Grand
Bill Hall NJ
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman and Michelle Martin, Department of Planning Services; Don Carroll
and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the December 7, 2010 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1766
APPLICANT: James Terry
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit fora Kennel
(up to 99 dogs of a non-specified breed) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A AmRE-2765; located in the W2NE4 of Section 2, Ti N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52 and approximately 1/4 mile west of CR 23.
Chris Gathman, Planning Services, stated that the proposed kennel is located immediately to the south of an
existing construction office and shop(Nelson Pipeline) approved under USR-1375. Residences are located
approximately 1,000 feet and 1,300 feet to the west and east of the proposed kennel facility. Two letters have
been submitted from the nearest residence to the west and from the Nelson Pipeline to the north of the
proposed facility. Both letters indicated no conflict with their interests.
The property shares an existing access off of State Highway 52 with Nelson Pipeline Contractors. The
property is well screened from State Highway 52 and also to the east by existing mature trees. Conditions of
approval and development standards, such as limiting of hours of operation to daylight hours and visits by
appointment only, are attached to address potential conflicts with surrounding land uses.
Sixteen referral agencies reviewed the case;ten referral agencies responded and either indicated no conflict
with their interests or indicated approval with conditions. The site is located within the three mile referral areas
for the City of Fort Lupton and the Town of Frederick. Referral responses have been received from both
municipalities and both have indicated no conflict with their interests.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that water is provided by a commercial well. There is an existing
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septic system for the home which is sized for four(4) people. Staff did receive an engineer's evaluation in
October 2010 and it indicates that that system will accommodate the full-time resident in the house, a part-
time employee, two clients per week and washing each dog six times per year. The applicants have applied
for a PACFA license through the Department of Agriculture. Ms. Light said that she has received an email
from the Department of Agriculture which states they don't see any problems with it; however it is not issued
yet.
Ms. Light stated that Condition of Approval 1.C may be deleted regarding the Dust Abatement Plan since it
has been submitted.
Roy Spitzer moved to delete Condition of Approval 1.C, seconded by Jason Maxey. Motion carried.
Heidi Hansen, Public Works, stated that the access is onto State Highway 52, which is controlled by CDOT.
Ms. Hansen said that CDOT has indicated that they have no concerns with this use. The access is paved and
shared with Nelson Pipeline.
Cheryl Pestotnik„Arvada CO, stated that she and her father(Jim Terry)are very excited about starting a new
business together. She added that they both grew up in a farm environment and have a love of animals. Mr.
Terry raises Daschund puppies and she raises Cocker Spaniel litters. Ms. Pestotnik stated that they are
looking to start off small with maybe four(4) dogs and see how that goes. She added that they are looking
forward to this opportunity.
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 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.
Robert Grand moved that Case USR-1766, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, yes;Alexander Zauder, absent; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: PZ-1140
APPLICANT: Merino Conservation Group, LLC
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the PUD(Planned Unit
Development)Zone District for nine(9)lots with E(Estate)Zone District uses,and
approximately thirteen (13) acres of common open space - Twin Peaks at Iris
Lane PUD.
LEGAL DESCRIPTION: Lot C AmRE-3983, Part S2NW4 of Section 5,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of and adjacent to CR 3 and approximately 1/2 mile south of State Hwy 60.
Michelle Martin, Planning Services, stated that the proposed site is not influenced by an Inter-Governmental
Agreement. The proposed development is located within the three mile referral area of the Towns of Berthoud
and Johnstown, and Boulder and Larimer County. Larimer County, Town of Berthoud and Town of
Johnstown indicated no conflicts with their interests. The Weld County Planning Department has not received
a response from Boulder County.
The site is located within '/<mile of the Garcia PUD and Twin View Estates PUD.
The proposed PUD will be serviced by the Little Thompson Water District for potable water. Individual
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Sewage Disposal Systems will handle the effluent flow.
The applicant has requested a waiver from the minimum lot size in the Estate Zone District. The proposed lot
size for Twin Peaks at Iris Lane PUD is 2 acres compared to the 2.5 acres required for the Estate Zone
district.
The application indicates that the proposed subdivision monument sign will be 48 square feet. The Estate
Zone District allows for a 32 square foot sign.
Twenty-two referral agencies have reviewed this case; thirteen referral agencies responded favorably or their
conditions have been included in the development standards.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Lauren Light, Environmental Health, stated that Little Thompson Water District is providing water service for
the PUD and a commitment letter was received when this case was first submitted; however it has expired as
of December 11, 2010. Therefore a new commitment letter will need to be submitted. Individual septic
systems are proposed for each lot.
Heidi Hansen, Public Works, stated that the access is onto County Road 3 which is a local,gravel road with 60
feet of right-of-way. According to the Weld County Code,the development will be increasing the traffic on that
road over the limits for dust control and paving. At the time of final plat, we will be entering into an
Improvements Agreement with the applicant and that will likely include some dust control and possibly a
proportional share of the paving up to State Highway 60. The Improvements Agreement will also require the
Homeowners Association to be responsible for the maintenance of the internal roads. The applicant has
requested a waiver from curb and gutter requirements inside the subdivision. Public Works would agree to
waive the curb and gutter requirement since it would preserve the rural nature of the subdivision and the
compatibility of the surrounding subdivisions. The applicants are relocating the existing overhead power lines
offsite; therefore staff has requested to see the agreement with the power company.
Rob Casseday, 16932 Highway 392, Greeley, CO, stated that they have been working on this project for a few
years and are very excited about it. It is a nine-lot subdivision with open space. The reason for two acre lots
is to have lot sizes that would be manageable and marketable. Another reason for the request is because the
detention ponds grew to about the size of two normal lots.
Mr. Casseday said that there is a proposed nature trail. He stated that they have worked with Public Works on
the desire to have less access points to the site and use the internal road system to bring access to the oil and
gas property as well as the adjacent property. The ditch company would like to maintain what they need for
access to their ditch. He added that they are in discussions with the Handy Ditch Company to finalize an
agreement and expects to get that resolved.
Mr. Casseday commented that while they were in the land use process for this subdivision, the Twin View
Estates subdivision to the south was approved and increased the traffic counts. He added that now they are
possibly going to have to pave County Road 3 down to their subdivision. He added that it was a shock to them
but they would like to continue discussions with Public Works.
Commissioner Holton asked for clarification on the request from Public Works. Ms. Hansen said that 200
vehicles is the limit in which dust control is required. The most recent traffic count was in 2008 with 181
vehicles per day. She added that they are estimating 80 trips from this subdivision and that would put it over
the 200 limit. Ms. Hansen said that there will be an updated traffic count so that the applicants will be paying
for a proportional share of what they are adding to the road versus what is already on the road.
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 the applicant if he read through the Development Standards and Conditions of Approval and
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if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case PZ-1140, 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 Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,absent;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1764
APPLICANT: Rodney& Karen Steely
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service, including parking and maintenance for a tank
service company, along with a field office in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-3779; located in Part of the SE4 of Section 16,T6N, R65W of the 6th
P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 600 feet west of CR 43.
Chris Gathman, Planning Services, stated that this application is to correct a zoning violation(ZCV09-00204)
for the presence of a commercial trucking operation without first obtaining the necessary land use permits.
Should this application be approved and the final plat recorded this violation will be dismissed.
The proposed site is located in an agricultural area. The nearest residences are located immediately to the
east of the site, approximately 200 feet away. Other residences in proximity to this site are located
approximately 1,000 feet to the west and to the east of the site. There is an existing landscape business
located to the north and west of the site.
Eleven referral agencies reviewed the case; six referrals were received and either indicated no conflict with
their interests or have been addressed as conditions of approval and/or development standards.
The site is located within the three mile referral areas for the Town of Eaton and the City of Greeley. No
referral response has been received from either of these municipalities.
The applicant submitted two letters of support from neighboring property owners in regard to this application.
Additionally,the original application mentioned having up to six vehicles stored on site on a regular basis and
also quarterly staff meetings. In visiting with the applicants,they have scaled that back with storing up to four
vehicles on site and no staff meetings.
Mary Evett, Environmental Health, stated that there is an existing septic system permitted for ten people.
Water is supplied by North Weld County Water District. Since there will be office employees and drivers
entering the facility they must have access to potable water, restroom and handwashing facilities. If the
existing septic system is utilized for the employees and the drivers and the number of people exceed ten
people per day, the existing system will require an engineered review to determine that it is adequately sized
or they may install a separate septic system for their business use. In addition,documentation from the Water
District is required indicating that they have no objections to this request. Minor vehicles repairs will be done
onsite; however no fluid changes will be performed on the property.
Heidi Hansen, Public Works, stated that access is onto State Highway 392 which is under control of CDOT.
CDOT is requiring a new access permit for this application to authorize the truck traffic. The applicant is
utilizing a shared access with the neighboring property and they have submitted a letter from the neighbor
indicating approval.
Rodney Steely, 20759 Hwy 392, said that he hauls crude oil out of the field and has needed someplace to park
some additional equipment from time to time. He said that they are living in the house and they did use it as a
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partial office; however they have moved most of it out and added that they are working on a new facility to
house their business. Mr. Steely stated that he has had no problems with his neighbors. In addition, he said
that they have submitted the access permit with CDOT.
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 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.
Commissioner Maxey commented that he has driven past this property many times and it is a very well kept
property. He asked staff what type of screening would be required for the truck parking. Commissioner
Holton said that because the property is so clean that he would rather see some kind of trees or something
instead of a chain link fence.
Robert Grand moved that Case USR-1764, 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes with comment;Alexander Zauder,absent;
Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Hall commented that he drives by the property frequently and complimented Mr. Steely on how
nice the property looks.
The following case was read into record.
CASE NUMBER: USR-1761
APPLICANT: Bruce&Janet Richard
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and
equipment, and vehicle service/repair) in the C-3(Commercial)Zone District.
LEGAL DESCRIPTION: Lot 3,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N,R68W
of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to I-25 Frontage Road and approximately 1/4 mile north of
CR 6.
Kim Ogle, Planning Services, stated that the Department of Planning Services' staff recommends that this
request be denied solely on the referral from the City of Dacono.
Section 19-2-60.B of the Weld County states,"Development outside urban growth area. To the extent legally
possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above,
the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area
outside the Urban Growth Area. The proposed commercial use is located outside the urban growth area as
defined in Appendix 19-C of the Weld County Code but is located within the Southern Weld Planning Area,
therefore the City of Dacono is on record to recommend denial of the application to operate a commercial
junkyard or salvage yard, including the leasing and sales of vehicles and equipment,and vehicle service/repair
at a location one mile south of the City limits adjacent to the 1-25 corridor which per the City's referral is
perceived as the front door to the City. The City in their referral dated October 14,2010 specifically states"the
application, as submitted,fails to adequately address the associated environmental considerations. The City
of Dacono has significant concerns with environmental containment issues related to Freon recovery(a threat
to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal(Lead and acid
could cause groundwater contamination).
Further, the City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan
guiding principles stating that land use policies have a significant impact on economic conditions in the
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County.
Currently the property is in violation due to the presence of a commercial junkyard/salvage yard without first
submitting and completing the necessary Weld County Zoning Permits due to the storage/parking of vehicles
outside of the building. Alternatively, the applicant may restrict his commercial business activities to the
administratively approved Amended Site Plan Review#208 for a Vehicle Repair Shop without outside parking
of vehicles.
The site is surrounding by commercial and agricultural uses to the north, south and east with an elevated
portion of 1-25 adjacent to the west. The proposed facility has similar uses to the adjacent parcels within the
same development.
Eighteen referral agencies reviewed the case; nine agencies offered comment,some with specific conditions.
No letters, electronic mail or telephone calls were received concerning this land use application.
Based on the referral from the City of Dacono, the Planning Department is recommending denial of this
application.
Commissioner Holton asked if referrals were received from the City of Broomfield and the Town of Erie. Mr.
Ogle stated that no referral comments were received from either municipality.
Commissioner Berryman asked how long this site has been operating as a junkyard. Mr. Ogle said that the
applicants were approved for a Site Plan Review several years ago for vehicle maintenance/sales. However,
when repairs were completed the clients didn't always pick up their vehicles in a timely manner and therefore
the site started to accumulate vehicles. No outside storage is allowed in the commercial zone district.
Lauren Light, Environmental Health, stated that water is provided by an industrial well; however the state,
according to their letter dated October 22, 2010, indicated that the well needs an augmentation plan or a
substitute water supply plan to use it. She added that this is included in Condition of Approval 5.F Prior to
Building Permits and said that it should be moved to 1.1 as she didn't' believe there are any building permits
associated with this request.
Ms. Light stated that there is an existing septic system onsite,which is sized for two employees. Since there
are up to 25 people onsite there is a condition that the septic system will need to be evaluated by an engineer
to ensure that it is large enough.
Ms. Light said that Waste Management picks up the general office waste weekly. Mesa Oil receives the used
oil. There is a floor drain in the building; however the applicant indicated that it drains into a self-contained
vault and Mesa Oil picks up the residuals from that. The metals and car bodies are recycled by All Recycling
Corporation.
Ms. Light stated that the main concern is the permitting of the well. She added that Mr. Ogle mentioned that
the applicant might be receiving a tap from Central Weld County Water District.
Heidi Hansen, Public Works, stated that access is onto the 1-25 Frontage Road,which is controlled by CDOT.
CDOT has indicated that they have no need to re-evaluate this access permit because the traffic volumes are
not proposed to increase with this application. .
Bruce Richard sated that they purchased the property in 1993. Initially they started the business as an auto
repair and late-model automobile recycling. He has been operating this business since 1994. Unfortunately,
with the economy dropping off like it has, they have had to squeeze more out of each car to pay their
expenses and it has resulted with more cars on site.
Mr. Richard stated that they have applied to Left Hand Water for a tap but it could take up to a year to get it.
He commented that that he has called Dacono and believes he didn't receive due process.
Mr. Richard stated that they have planted 250 trees and the screening is solid in the summer. He said that the
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site does not look like a salvage yard.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Donnie Fedders, 1773 E 164th Place,Thornton, CO stated that he owns property in this subdivision(FUSARO
LLC). He commented that the Richards' and his property have the only required screening in the area. He
added that the Richards adhere to keeping a very clean and tidy place. Up to nine months of the year you
can't tell that there are any cars dismantled because of the amount of trees on the property. They are good
neighbors and likes having them as neighbors.
Commissioner Ehrlich asked when the Intergovernmental Agreement with the South Weld Planning Area was
adopted. Bruce Barker, County Attorney, said that it was adopted around 1995. Commissioner Grand asked
for clarification if the existence of this business predates the Intergovernmental Agreement. Mr. Ogle
responded that he was correct. Commissioner Holton said that this site is an enclave of Broomfield and asked
how the IGA with Dacono affected this application. Mr. Ogle said that the site is located within the three mile
planning area of the Southwest Weld Planning Agreement. According to the Coordinated Planning
Agreement, it states that if it is within the IGA boundary Weld County needs to defer and send the applicant to
the Town for potential annexation. In addition, if the Town recommends denial, staff needs to support that
denial.
Commissioner Holton commented that currently the applicant has four employees. He asked if they wished to
increase the number of employees. The Planning Commission and Staff reviewed the engineer's report
regarding the number of users allowed on the existing septic system. Ms. Light stated that according to the
engineer's evaluation, the existing tank and drainage field system should be able to support the proposed
maximum number of ten persons.
Robert Grand moved to amend Development Standard 30 to ten employees,as indicated in the septic system
evaluation dated September 22, 2010, seconded by Bill Hall. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Commissioner Lawley commented that the County has IGAs with the communities for a reason and the intent
was to be honored by both parties. Commissioner Holton said he would agree if the site was located within an
enclave of Dacono; however because it is an enclave of Broomfield he feels that Dacono's referral is not very
compelling.
Robert Grand moved that Case USR-1761 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval including the change of moving Condition of Approval 5.F to 1.1,seconded by Bill
Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes with comment; Robert Grand, yes with comment; Bill Hall, yes with
comment; Alexander Zauder, absent; Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes
with comment; Tom Holton, yes with comment. Motion carried unanimously.
Commissioner Maxey commented that he drove past the site and it is very well screened.
Commissioner Ehrlich commented that he based his decision off of compatibility. If it was a brand new
application, he would agree with Mr. Lawley in regard to honoring the IGAs with other municipalities.
Commissioner Hall commented that the responsibility of an IGA is that we all operate in a reasonable fashion
and he believes that Dacono has gone beyond the scope of a reasonable fashion.
Commissioner Grand complimented the applicants for operating a very professional business.
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Commissioner Lawley echoed Mr. Ehrlich's comments.
Commissioner Holton cited Section 23-2-220.A.3"That the uses which would be permitted will be compatible
with the existing surrounding land uses." He said that the referral response from the City of Dacono regarding
the environmental issues is less than compelling. He added that the Weld County Health Department does a
good job of keeping control of the properties.
The Chair called a recess at 3:07 pm and reconvened the meeting at 3:16 pm.
CASE NUMBER: USR-1762
APPLICANT: Randall & Robin Anders
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for one(1)
Single Family Dwelling Unit per lot,other than those permitted under Section 23-3-
20.A of the Weld County Code, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4864, part E2 SE4 Section 19, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to State Hwy 85; 0.5 miles south of CR 20.
Kim Ogle, Planning Services, stated that the property is not located within an Intergovernmental Agreement
Area but does lie within the three mile referral area for the City of Fort Lupton. The Weld County Department
of Planning Services did not receive a referral from this municipality.
The surrounding property to the north,south, and west are agricultural parcels planted in crop and with single
family homes. East of this site is State Highway 85 that provides separation from Fort Lupton. The Conoco
Pipeline Facility and Renewable Fiber are located adjacent to State Highway 85.
Twelve referral agencies reviewed the case; four agencies offered comments, some with conditions which
have been incorporated into the staff report. No letters, electronic mail or phone calls have been received
concerning this case.
The Department of Planning Services' staff recommends approval of the application along with the
attached conditions of approval and development standards.
Commissioner Holton thought that the code was changed to allow for an additional dwelling unit and asked
why this request falls under a USR. Mr. Ogle replied that it is because it is for the principle residence on the
property. Currently there is an existing house but the person who lives in that house is a worker associated
with the applicant's operation. The new permit,which allows for the second dwelling for caregivers and family
on the same parcel, do not apply because there is no principle dwelling. The principle dwelling in this case is
for labor help.
Lauren Light, Environmental Health, stated that they have an individual well and it is permitted to serve both
houses. The older house has its own septic system. Ms. Light stated that there are no concerns with this
proposal.
Heidi Hanson, Public Works, stated that access is onto State Highway 85, which is controlled by CDOT. A
new access permit will need to be submitted to CDOT since the existing access is permitted for one(1)single-
family dwelling.
Angela Hauer, 38515 CR 41, stated that she is representing the applicants. She said that the applicants
would like to put the primary residence on this property for their convenience. Mr. Anders stores all of his
implements as well as their crops in the buildings onsite.
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 the applicant if they read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that they are in agreement.
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Jason Maxey moved that Case USR-1762, 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 Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes with comment; Bill Hall, yes;Alexander Zauder, absent;
Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Grand commented that this is an example of looking at the pure wording of the resolution and
not necessarily the intent. He believes that having these applicants pay for this process given the thought
process is a burden.
Commissioner Maxey echoed Mr. Grand's comments.
Commissioner Holton agreed with Mr. Grand's comments as well.
The Chair read the last case into record.
CASE NUMBER: USR-1767
APPLICANT: Michael Konig
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including Open Pit Gravel Mining(Konig borrow
mine), in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: NW4 of Section 11, T10N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 81; south of and adjacent to CR 120.
Kim Ogle, Planning Services, stated that the application proposes to extract the mineral resource within a 35
acre borrow area in the middle of the 160 acre property. According to the Weld County Sand, Gravel
Resources map dated July 1, 1975, the northern part of the property is classified as U-4(Upland deposits—
unevaluated course and fine aggregate resources). The application materials indicated that approximately 10
feet of sand, gravel and stones underneath 6 to 8 inches of overburden topsoil is located on the site.
The multiple linear berms planted with a dryland seed mixture will assist in preventing wind and moisture
erosion and to create visual interest. Proposed access to the site will be located off of County Road 81 via an
internal access into the site.
The site is surrounded by dryland pasture lands and limited agricultural, and rural residential uses. There are
large tracts of land in the near vicinity. The proposed site is located within the three-mile referral area of the
Town of Grover. The Town of Grover did not return a referral response.
Twelve referral agencies reviewed the case;four agencies offered comments, some with specific conditions,
which have been incorporated into the conditions of approval and development standards.
The Department of Planning Services' Staff recommends that this request be approved along with the
attached conditions of approval and development standards.
Mr. Ogle requested to remove Condition of Approval 1.A since that condition has been met by the applicant.
Mary Evett, Environmental Health, stated that the applicant is proposing portable toilets and bottled water
for employees and drivers. However, since the mining operations could occur up to 10 years, permanent
sewage and water shall be provided for drinking and sanitation purposes for employees. She added that
they may be able to install a vault for sewage disposal and portable toilets and bottled water may be used
at the working face of the mine.
The applicants submitted documentation of their Air Pollution Emission Notice; therefore Condition of
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Approval 1.H may be removed.
On December 8, 2010, the Division of Water Resources approved an off-site source of water for dust
suppression (Well Permit Number 69713F). Therefore, Condition of Approval 1.G has been met and may
be removed as well.
Roy Spitzer moved to delete Conditions of Approval 1.A, 1.G, and 1.H, seconded by Erich Ehrlich. Motion
carried.
Heidi Hansen, Public Works, stated that County Road 81 is a local, gravel road with 60 feet of right-of-
way. County Road 120 is a paved collector roadway requiring 80 feet of right-of-way. The applicant is
using the existing access onto County Road 81. Staff requested that a double cattle guard be installed to
allow for a full revolution of the truck tires so it does not track onto the county roadway. An Improvements
Agreement will be made with the applicant to ensure that the cost of any upgrades is not born by the
residents of the county. The agreement will most likely include some haul route maintenance, some
improvements to protect the pavement at the intersection of County Roads 81 and 120 and possibly some
dust control. Mr. Hansen stated that Public Works will be meeting with the applicants to work out the
specifics of that agreement prior to the Board of County Commissioner hearing. A drainage design has
been submitted and is acceptable to Public Works.
Jennifer Henninger, Baseline Corporation, 712 St, Golden CO, stated that this application is requesting to
create a borrow pit on 35 acres for fill dirt used primarily for oil and gas facilities for pad and road
construction. The mine is proposed to be done in two phases. All disturbed areas will be reclaimed to
pasture land.
Andy Jones, Attorney for the Konigs, stated that they have represented the applicants for many years on a
number of issues. He provided a handout of the applicant's request of waivers from the conditions of
approval.
Mr. Jones proceeded to request for a recommendation to the Board of County Commissioners that the
excess fees be refunded to the applicants. He said that the applicant was charged a fee based upon the
entire parcel (121 acres) whereas the mining area is 35 acres. The reference to the mining permit in the
fee schedule suggests that the intent was to focus on the area that was actually being mined.
Weld County Road 120 is not in the location of the section line. It actually bends to the south into the
Konig property. Staff has requested that there be a dedication of the actual location of Weld County Road
120. Mr. Jones commented that the Konigs are willing to do that and make that correction; however in
order to do that the road will need to be surveyed. He understands that the cost of the survey may be
$3000 to $5000 and requests that if the County wants the Konigs' to dedicate that road in its actual
location that the County would pay for the survey necessary to create the record.
Mr. Jones said that the requirement of the Improvements Agreement, according to Weld County Code
Section 23-2-200.F, states that the applicant or owner shall submit an Improvements Agreement agreeing
to construct the required improvements. He said that they don't feel that the request for a paved apron at
the intersection of County Roads 81 and 120 is necessary. He added that the gravel road and the asphalt
road are at the same level. He said that they would be willing to maintain the gravel at that intersection;
however the apron itself is about$3000 to $5000 expense to the Konigs and they don't believe it is
warranted.
Currently, the fill dirt for the oil and gas activities occurring in Northern Weld County is coming from points
further south. The opening up of this borrow pit will cut the travel on the Weld County road system
dramatically by about 18 miles. Therefore they feel that they are actually providing a service to these oil
and gas operators in northern Weld County by moving that closer. There is less wear and tear on the
roads in the south and they feel that should be considered regarding the context of the maintenance
agreement for the haul routes.
There is also a requirement of bonding for onsite improvements. Mr. Jones said that the 112 Permit from
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the State requires bonding and addresses the improvements; therefore it seems that it is a double
requirement. On these issues, they agree with staff that they are in the process of discussing these and
they wish to continue to do that. The problem is that some of the conditions have some mandatory
language. Therefore, they are requesting to strike the mandatory language and allow the applicants to
talk to staff regarding this and see what is resolved prior to the Board of County Commissioners hearing.
The 112 Permit from the State allows the mining operation up to 10 years but they believe it will be
intermittent over the next 2 to 3 years until the fill runs out. There is one primary employee that works on
the site. Under the conditions of approval there is a request for a permanent water supply. He said that
this is a rural area and these agricultural workers frequently work in these kinds of locations and they feel
it is overkill to be required to have a permanent water supply for a temporary use.
In addition, Mr. Jones commented that they intend to provide a portable toilet onsite and they feel it is
sufficient for the one employee.
Mr. Barker said that the Planning Commission is not in the position to negotiate the Improvements
Agreement. The bonding requirements are required by the Weld County Code and would be approved by
the Board of County Commissioners. The request may be made to them to waive that requirement.
Ms. Hansen said that with regard to dedication of County Road 120, the road dips south into the Konig
property and it was built outside of the County 30 feet of right-of-way. Therefore the existing road is not
located in the County right-of-way, so the standard comment is that it should be verified or dedicated. She
added that the applicants have been working with the County Surveyor and she was told by the County
Surveyor that he had discussed the possibility with the applicants of writing the actual survey description
for them so that they would not have to get a survey to dedicate this.
Mr. Barker agrees with Mr. Jones and would insist that a survey be done. However, he also agrees with
Ms. Hansen that the language here is sufficient.
Commissioner Grand asked if there would be drivers coming to the site. Chris Rundall, Baseline
Engineering, stated that the pit would have up to three employees operating the machinery and up to five
drivers of the haul trucks coming in and out of the site per day. Commissioner Hall asked if this would be
on a continuous basis. Mr. Rundall said that they anticipate that it would be intermittent because it is
based on the demand of the fill materials.
Ms. Evett, recommended that Development Standard 10 be amended to include a second sentence which
states "Bottled water and portable toilets are acceptable". In addition, Development Standard 11 could be
deleted.
Mark Lawley moved to remove Development Standard 11 and renumber accordingly, seconded by Robert
Grand. Motion carried.
Ms. Evett suggested removing Condition of Approval 1.1 regarding the permanent water source. Erich
Ehrlich moved to delete Condition of Approval 1.1 and re-letter accordingly, seconded by Mark Lawley.
Motion carried.
Mark Lawley moved to delete Condition of Approval 2.B, seconded by Erich Ehrlich. Motion carried.
Mark Lawley moved to amend Development Standard 10 as recommended by staff, seconded by Roy
Spitzer. Motion carried.
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 the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
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Bill Hall moved that Case USR-1767, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder, absent; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4:12 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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