HomeMy WebLinkAbout20081516.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 6, 2008
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, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair •
Nick Berryman
Paul Branham
Erich Ehrlich �.
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Chris Gathman, Kim Ogle, Department of Planning Services; Don Dunker, Department of
Public Works; Lauren Light, Department of Health; Bryon Horgen, Building Department; Cyndy Giauque,
County Attorney, and Kris Ranslem, Secretary.
Paul Branham moved to approve the April 15,2008 Weld County Planning Commission minutes,seconded by
Bill Hall. Motion carried.
Robert Grand entered the meeting at 1:32 p.m.
The Chair read the case into record.
CASE NUMBER: USR-1649
APPLICANT: Hall-Irwin Corporation
PLANNER: Chris Gathman
LEGAL DESCRIPTION: SW4 NE4 and W2 SE4 of Section 25,T6N, R67W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facility including Open Pit Gravel Mining (Dry Pit mining)
and materials processing, a Concrete Batch Plant, an Asphalt Batch Plant, an
Asphalt/Concrete Recycling Plant,Materials Blending,and Import of Materials in the
A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 64.75 and west of and adjacent to CR 23.75.
Chris Gathman, Department of Planning Services, stated that the applicants are requesting a continuance to
the June 3, 2008 Planning Commission meeting. He added that the applicant needs to fulfill some
outstanding issues with surrounding property owners. Planning staff is supportive 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.
Mark Lawley moved that Case USR-1649, be continued to the June 3, 2008 Planning Commission meeting,
seconded by Tom Holton. Motion carried unanimously.
CASE NUMBER: USR-1633
APPLICANT: Spicer Ranches, LTD
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 of Section 27,T7N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for Roping Arenas,to
include both indoor and outdoor arenas,commercial, in the(A)Agricultural Zone
District.
LOCATION: North of and adjacent to CR 76 and East of and adjacent to CR 43.
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Kim Ogle, Department of Planning Services,stated that this case is for a Site Specific Development Plan and
a Special Use Permit for an Agricultural Service establishment primarily engaged in performing agricultural,
animal husbandry and horticultural services on a fee or contract basis, including Rodeo and Roping Arenas
(indoor and outdoor), in the A(Agricultural)Zone District.
The applicant is David Meyring, Managing General Partner of Spicer Ranches Limited, represented by Linda
Hulse of Casseday Creative Designs.
This case was continued at the request of the applicant at the December 4, 2007 and April 1, 2008 Planning
Commission hearing, as the applicant desired additional time to address and resolve the concerns presented
in the referrals by the Departments of Public Works and Building Inspection.
This case was initiated for processing through a Code violation (Case Number ZCV07-01045) due to the
operation of an indoor and outdoor arena being used commercially on the property without the proper land use
(zoning) permits. Approval of this Use by Special Review would remediate the violation.
The site is located North of and adjacent to County Road 76 and east of and adjacent to County Road 43.
The site is not located within three miles of a municipality. The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is 160 acres in size with the permit boundary located
within this tract of land on approximately 18 acres. The uses which will be permitted will be compatible with
the existing surrounding land uses as the site is surrounded by agricultural land uses and rural single family
residences to the south and west of the site. The nearest home is approximately 1/4 mile to the north, and no
comments have been received from surrounding property owners. The Lone Tree Creek is the natural
western boundary of the USR and Owl Creek is the natural boundary to the south. Harper Feedlots(Lambing
operation) lies to the east and south of the site. Per the application materials, there are six property owners
within 500 feet of this application.
The site consists of an existing arena for small rodeos which, per the application materials, occur
predominately in the winter months; with areas for parking of vehicles and trailers, holding pens and hay
storage. Surrounding lands not associated with the special use permit remain in irrigated pasture with
improvements associated with the farming operation.
Lone Tree Creek and Owl Creek impact the property. The FIRM Community Panel maps delineate
floodplain and an unmapped floodway within the property. There is an existing Flood Hazard
Development Permit approved in April 2001. Should there be any future development to structures the
applicant will be required to obtain a new Flood Hazard Development Permit. A study was prepared by an
adjacent and upstream citizen that was reviewed by Public Works who have accepted the findings and
therefore the delineation of the Floodway boundary for this property.
Water Service is provided by North Weld County Water District with ISDS sanitary sewer to handle the
effluent flows.
The indoor roping arena was permitted in 2001 under permit number BC-01000217 for a 65,000 square
foot structural steel building used for a personal roping arena. The current structure was classified as "U"
Occupancy(personal use of horse barn and arena) to an A-4 Occupancy(commercial roping arena).
Seventeen (17) referral agencies reviewed this case, with thirteen (13) agencies providing comments,
some with specific conditions of approval that have been incorporated into staff comments.
Staff received no telephone calls or letters of inquiry. Staff did receive an electronic mail inquiry for how
this facility was permitted.
The Department of Planning Services has reviewed case number USR-1633, and recommends approval
to the Planning Commission, with the attached Conditions of Approval and Development Standards.
Mr. Ogle indicated that he had handed out a memorandum that has a slight modification to one of the
amendments of the plat. It is located on Page 5 of staff comments Number 1.A.7. which increases the
parking numbers and the ratio between single passenger parking vehicles and trailer parking.
Linda Hulse, Casseday Designs, 55 S Elm, Eaton CO. Ms. Hulse stated that they have been working with
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planning staff on Development Standard#5 and would like to change the wording from 150 attendees in the
indoor and outdoor area combined to 150 attendees indoor and 250 total attendees on-site. She indicated that
the parking that they laid out right now is based on that proposed number of people.
Ms. Hulse stated that the owner would like to also change the title from Roping Arena to Equine Facility.
Commissioner Branham referred to the hours of operation as stated in Development Standard #4. He
commented that he assumed that they would have activities going on out there during the week. He asked if
there would be training classes, etc. Ms. Hulse replied that they would prefer hours of operation from 8:00
a.m. to 11:00 p.m. seven days a week.
Commissioner Ochsner referred to one of the earlier correspondence that they received which stated that
improvements adjacent to the north property line appear to encroach onto lands under the ownership of Craig
Weichel. He asked if that has been resolved. Ms. Hulse stated that she didn't believe that it was encroaching.
Ms. Hulse stated that Mr. Weichel's property is further west of the applicant's property. She indicated on a
map where the properties lie.
Mr. Ogle stated that the applicant's entire site is 160 acres and so the entire site came under review and not
only the 18 acres for the USR. He mentioned that there is a structure that is close to the property line.
Fred Kaiser, 37440 CR 43, stated that he is the manager of Spicer Ranches. Mr. Kaiser stated that there is a
processing facility for cattle which he believes is right on the boundary. He mentioned that they had originally
owned that triangle and sold it to them so there is a 20 or 30 foot right-of-way. He added that there has never
been a problem with an encroachment before.
Mr.Ogle referred to the plats that were submitted and stated that that there is a manufactured home and pole
barn that sits on top of the property line. Ms. Hulse stated the drawing that Mr. Ogle is referring to is correct.
Mr. Ogle commented that the pole barn will need to be moved. Mr. Kaiser stated that it is not a pole barn, but
it is a mobile home. Ms. Hulse said that she will need to talk to Ken Alles &Associates as to the notation on
the plat.
Commissioner Ochsner asked Mr.Ogle if that is something that can be worked out between the applicant and
staff. Mr. Ogle responded that it will be a condition that will need to be resolved prior to recording the plat.
Dun Dunker, Department of Public Works, stated that County Road 43 is a paved collector road and currently
has a 60 foot right-of-way and they will require 80 foot of right-of-way at full build out. Traffic counts on that
particular road show 510 average daily traffic. The USR will add an additional 150 vehicle trips per event
based on some of the applicant's numbers. However, since the applicant has just requested to change that
number it will increase it to 250 vehicle trips per event.
Commissioner Ocshner asked if that will affect any maintenance issues. Mr. Dunker stated that we can work
that out in the maintenance agreement with the applicant. He added that County Road 43 is more than able to
handle that amount of traffic.
Mr. Dunker stated that the indoor roping arena has a footprint of 198 feet by 325 feet or 1.48 acres. The site
is within the FEMA floodplain for Lone Tree Creek. All the parking will be in the floodplain but outside of the
floodway. The building site is outside of the floodplain as well as the floodway.
Mr. Dunker said that since the use is changing to a Commercial Use in an Ag Zone they are going to require
that they perform water quality in which they will have a small detention pond to capture all of the runoff from
the arena and the parking lot. Mr. Dunker added that he is currently working with the Engineer to finalize all
the calculations and he will have that drainage report into Mr. Dunker prior to the Board of County
Commissioner's hearing. He further added that he is confident that all the numbers will get worked out.
Commissioner Lawley asked where it drains to now. Mr. Dunker said that it drains to the low point in the Lone
Tree Creek. Commissioner Lawley asked if it will be released into the creek. Mr. Dunker replied yes.
Commissioner Berryman asked what the purpose of the detention pond is. Mr. Dunker stated that it will keep
the sediments, oil drippings, etc from going into the creek.
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Mr. Dunker requested to add two (2) Development Standards. He stated the first would be Development
Standard #28 to include that on the west side of the bridge a sign be placed facing west to read "Warning,
parking lot may flood during rain events."
Mr. Dunker commented that the next proposed Development Standard #29 would include some signs right
along the flood way of Lone Tree Creek to state"No Parking Beyond This Point". Mr. Dunker explained that
the reason they want these signs is so that no vehicles will be parked in the floodway.
Commissioner Holton asked what the purpose is of not having them park in the floodway. He added that if it
starts to rain they can move their vehicles. Mr. Dunker replied that is true, however their fear is that they will
disconnect their trailers and then they wouldn't have time to reconnect their trailers and get them out of there.
Commissioner Holton clarified then if they were worried about the trailers that are unhooked from the trucks
rather than just having vehicles parked in the floodway. Mr. Dunker replied that he would be less concerned
with that but then that way they would be assured that they wouldn't be parked overnight. He added that what
they are more worried about is anything getting washed downstream and plugging up down below so the water
can't pass.
The Chair asked for the Department of Public Health's comments. Lauren Light, Environmental Health stated
that they are served by North Weld County Water District and the Department is asking for dust handling and
waste handling plans. As far as the septic system,this is a commercial facility and it will need to be designed
by an Engineer and will have to go through the Board of Health. If they exceed 2,000 gallons per day they will
have follow state requirements. Because it will serve over 20 people per day they are required to apply for a
classified injection well permit through the EPA. This will be considered a large capacity septic system and
they cannot put the septic system in the floodplain, however they are allowed to place septic systems in the
floodway.
Bryon Horgen, Building Official, stated that he has met with the applicants and they have discussed the
requirements of the sprinkler system. He added that they have resolved any concerns and it is in agreement
with the Fire District.
Paul Branham moved to amend Condition of Approval 1.A.7 to read"The applicant shall delineate all on-site
parking. Parking for the indoor and outdoor roping arena(s)shall be one-hundred and fifty(150)spaces with
sixty (60) percent of the total, i.e., ninety (90) reserved for tractor/truck and trailer parking." Robert Grand
seconded the motion. Motion carried.
Paul Branham moved to amend Development Standard#4 on Page 8 to read"The hours of operation shall be
limited to Monday—Sunday from 8:00 a.m. until 11:00 p.m.", seconded by Mark Lawley. Motion carried.
Paul Branham moved to amend Development Standard#5 on Page 8 to read"The number of attendees shall
not exceed one-hundred and fifty(150)in the indoor arena and two-hundred and fifty(250)for the indoor and
outdoor arena combined", seconded by Bill Hall. Motion carried.
Commission Holton asked Mr. Dunker what the purpose is of proposed Development Standard #28 as
recommended by Public Works. He mentioned that by adding this it sounds like we are taking over the
insurance company's responsibility to delineate this and asked if that is the County's responsibility to do this
for a USR. Mr. Dunker replied that the proposed Development Standard#28 is just a general warning sign to
people that if they are going to park in there, that during rain events the area could flood. Mr. Dunker added
that he believes that because it is in the 100 year floodplain it is a safety item and they should at least have a
warning sign to let the people know that the possibility exists.
Commissioner Holton commented that he understands the concern. He asked with regard to the proposed
Development Standard#29 if they would allow them to park farm equipment or stack hay. Mr. Dunker said
that the intent of#29 is to keep that area clear because it is in the floodway. Mr. Dunker suggested that we
could change the wording to say that there will be no vehicles parked beyond this point and then farm
machinery would be exempt from that.
Mr. Kaiser said that he fully understands what Mr. Dunker says and respects that. However if they could put
up a sign right along the creek that said no overnight parking and then if someone wanted to park overnight
they could park up higher out of the floodway. He added that they could work out the language to say
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something like no parking in this area or within 200 or 400 feet of the creek.
Commissioner Holton asked Mr. Dunker if that would satisfy him with those suggestions. Mr. Dunker replied
that he wouldn't feel comfortable with it but they could work out some language with the applicant that they
both can agree to.
Bill Hall moved to add Development Standard #28 stating that they would need a sign stating, "Warning:
Parking Lot May Flood",with the appropriate language to be worked out by the applicant and the Department
of Public Works, seconded by Paul Branham.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley, no;
Roy Spitzer, yes; Tom Holton, no; Doug Ochsner, yes. Motion carried.
Roy Spitzer moved to add Development Standard#29 with the intent to prevent overnight or extended parking
of vehicles in the floodway and this would exclude agricultural equipment, etc with the language for the
signage to be worked out between the applicant and the Department of Public Works. Robert Grand
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham,yes; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes; Mark Lawley,yes;
Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. 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 they have read through the amended Development Standards and Conditions
of Approval and if they are agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR-1633, 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 Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham,yes; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes;Mark Lawley,yes;
Roy Spitzer, yes; Tom Holton, yes with comment; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Holton commented that he was glad to see what Public Works has done on this as it
seems they applied a lot of common sense to these issues. He appreciated that.
The Chair opened up the meeting to the public for any general comments. No one wished to speak.
The Chair asked the Commissioners if they had any new business or code changes they would like to
address. Robert Grand shared an article in the paper in which the Director of Planning Services wrote
regarding the Planning Commission and thanked him for doing so.
Brad Mueller reminded the Planning Commission of the retreat on May 20, 2008 at 11:00 a.m. prior to the
Planning Commission hearing at 1:30 p.m. Commissioner Ochsner asked that if any of the
Commissioners cannot attend to please let staff know.
Meeting adjourned at 2:21 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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