HomeMy WebLinkAbout2009339.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 1, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Centennial Center,
915 10" Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton - Chair
Mark Lawley - Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
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Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Don Carroll, Heidi Hansen,
Department of Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the November 3, 2009 Weld County Planning Commission minutes,
seconded by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1694
Keith Thoene
Michelle Martin
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (storage of construction materials) in the A (Agricultural) Zone District.
Lot B RE -3050 being part of E2 NE4 in Section 25, T1 N, R65W of the 6th P.M.,
Weld County, Colorado.
West of and adjacent to CR 49 and south of and adjacent to CR 6.
Chris Gathman, Planning Services, commented that the applicant has requested that this case be
continued to the February 2, 2010 meeting in order to receive a Certificate of Occupancy for his residence
that is currently under construction. He added that staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair read the next case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1695
A&W Water Service, Inc
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service Facility (water supply & storage; potash mixing and
storage; washout facility; reverse osmosis facility and production pipe and
equipment storage area) in the A (Agricultural) Zone District.
Part of the E2 of Section 31, T4N, R66Wof the 6th P.M., Weld County, Colorado.
West of and adjacent to Highway 60 and '/z mile north of CR 38.
Chris Gathman, Planning Services, commented that the applicant as well as staff is requesting that this
case be continued to the January 5, 2010 meeting. The applicant is looking into removing two
components of this application and in order to do so it will require some additional review by Public Works
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and other referral agencies. This would allow them time to adequately review those changes to the
application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mark Lawley moved to continue USR-1694 to the February 2, 2010 meeting and USR-1695 to the January 5,
2010 meeting, seconded by Roy Spitzer. Motion carried unanimously.
The Chair read the first case on the consent agenda into the record.
CASE NUMBER: USR-1716
APPLICANT: Weld County Public Works
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Open
Pit Mining and Materials Processing (dry mining) of construction materials in the
A (Agricultural) Zone District.
LEGAL DESCRIPTION: SE4 of Section 1, T8N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 96 and west of and adjacent to CR 37.
Kim Ogle, Planning Services, commented that Public Works is requesting that this case remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Charles Tucker commented that he farms on County Roads 90 and 39. He said he is concerned with the
entire mining operation including the existing pit. He stated that they have two Creek Decrees. He added
that so far the gravel pit has injured his creek right due to the fact that there are junior rights above the
gravel pit that have several reservoirs. These are very junior to his rights and he cannot put a call on the
creek due to the fact of the gravel pit.
Mr. Tucker commented that the gravel pit is illegal according to the constitution as it is blocking their
water. He is opposing this case because he believes that something should be done to make their water
rights whole.
Commissioner Grand asked staff to explain the impact of what Mr. Tucker had said in terms of who
oversees the protection of his water rights. Commissioner Holton said that this is a land use application
and water rights are heard through the water courts.
Cyndy Giauque, County Attorney, stated that if Mr. Tucker feels that his water rights have been impaired it
would go through water court.
Commissioner Berryman asked if staff is aware of Mr. Tucker's concerns and if these have been
discussed by staff. Mr. Ogle commented that this is the first time staff has heard of this issue by Mr.
Tucker.
Commissioner Holton suggested that Mr. Tucker talk to staff prior to the Board of County Commissioners
hearing to see if there is something that can be mitigated.
The Chair asked the members of the Planning Commission if they wish to hear this case. No one wished
to speak.
The Chair read the next case on the consent agenda into record.
CASE NUMBER: USR-1721
APPLICANT: Dan LaCoe
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or
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LEGAL DESCRIPTION
LOCATION:
Industrial Zone Districts (construction company) in the A (Agricultural) Zone
District.
Part of the S2 of Section 33, T1 N, R65W of the 6th P.M., Weld County,
Colorado.
North of and adjacent to CR 2 and 1 mile west of CR 45.
Chris Gathman, Planning Services, stated that staff recommends that this case remain on the consent
agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair read the last case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1718
Heliberto & Teresa Perez
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (truck and equipment parking) in the A (Agricultural) Zone District.
Lot 6, Block 34, 2nd Aristocrat Ranchettes; located in Section 27, T2N, R66W of
the 6th P.M., Weld County, Colorado.
North of and adjacent to Higgins Ave and east of Henry Street.
Kim Ogle, Planning Services, stated that the applicant wishes for this case to remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda including Cases USR-1716, USR-1721, and USR-1718
and that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by Mark
Lawley. Motion carried 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. No one had
any further business to discuss.
Meeting adjourned at 1:47 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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