HomeMy WebLinkAbout20071926.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 19, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
0
C=
Chad Auer- Chair 3m
Doug Ochsner-Vice Chair n z 30
Paul Branham —
rn I‘)
Erich Ehrlich — J3 O,o
Bruce Fitzgerald < O ZZ
Tom Holton rn Mei
Mark Lawley C7 - co
Roy Spitzer —
James Welch Ls!
Also Present: Tom Honn, Kim Ogle, Jacqueline Hatch, Michelle Martin, Department of Planning; Cyndy
Giauque, County Attorney; Don Carroll, Public Works; Char Davis, Environmental Health; Donita May,
Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on June 5,2007,was
approved as read. Bruce Fitzgerald motioned to approve the minutes, Tom Holton seconded.
ITEMS TO BE WITHDRAWN
CASE NUMBER: USR-1553
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:SE-656 part SE4; Lot A of RE-2070 part SE4;and Lot B of RE-1352 part SW4 NE4,
all in Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining, Export&Import of Materials,
and a Landscaping Sales Yard in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located east of and adjacent to CR 23.5; north of and
adjacent to CR 2 (Baseline Road); and south of CR 23.75.
Jacqueline Hatch, Department of Planning, said they had received a letter from the applicant, dated April 2,
2007, asking the case be withdrawn.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1553, be withdrawn per the applicant's request. Doug Ochsner
seconded the motion. Motion carried unanimously.
1
DYn/YIUNI 11,0 7— 9_o2DD7 2007-1926
CONTINUED
CASE NUMBER: USR-1613
APPLICANT: Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 9, Ti N, R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for A Use Permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, (Gutter Business) in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 12 and West of and adjacent to CR 7.
Michelle Martin said the applicant was requesting a continuance to the July 17, 2007 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against continuance of this
application. No one wished to speak.
Bruce Fitzgerald moved that Case USR-1613,be continued to the July 17,2007 hearing date. Doug Ochsner
seconded the motion. Motion carried unanimously.
Tom Holton then recused himself from the continuance of USR-1608.
CASE NUMBER: USR-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6,T1 N, R66W; SW4 Section 6,
TIN, R66W; W2NW4 Section 7, T1N R66W exc S2SE4SW4SW4 of Section 6,
T1N, R66W and also exc NE4NW4NW4 Section 7, T1N, R66W;
NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W of Westerly R-O-W Lane SH 85
Section 7, TIN, R66W and the S2SE4SW4/SE4SW4SW4 and part S2SW4SE4
lying W of Westerly R-O-W Lane SH 85 Section 6 , T1N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Concrete, Recycled Concrete and Gravel Mining in
the A(Agricultural)Zone District.
LOCATION: Generally located South of and adjacent to SH 52; West of and adjacent to SH 85;
East of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
Kim Ogle, Department of Planning, said the applicant was asking for a thirty day extension in order to secure
the required water agreements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald moved that Case USR-1608, be continued to the July 17,2007 hearing date.'Mark Lawley
seconded the motion. Motion carried unanimously.
The Chair asked if any of the Commissioners wished to have any of the following consent items pulled. Doug
Ochsner said he wanted to hear the public's wishes before he made his decision.
2
r
CONSENT ITEMS
CASE NUMBER: USR-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4;and Lot B of RE-1352 part SW4
NE4, all in Section 36, Ti N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
CASE NUMBER: USR-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 15`Addition of Section 17,T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
CASE NUMBER: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 of Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that the Consent Items,including Case USR-1611,USR-1612, USR-1614 and AmUSR-
987, 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. Tom Holton seconded
the motion.
3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes, with comment; Chad Auer, yes. Motion carried unanimously.
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right,an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District (manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately Y mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7,2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source,a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
4
Fourteen referral agencies reviewed this case, two referral agencies had no comments, and nine referral
agencies included conditions that have been attempted to be addressed through the development standards
and conditions of approval. No comments were received from the Brighton/South East Weld Soil
Conservation District, the Burlington Northern Railroad, and the South East Weld Fire Protection District.
The applicant did apply for a commercial well permit on June 13, 2007. The Weld County Department of
Planning Services is still recommending this application be denied due to the lack of an appropriate water
source on site because the Code states that "adequate water service in terms of quality, quantity and
dependability is available to the site to serve the uses permitted".
Paul Branham asked why they had to complete two Recorded Exemptions and a Subdivision Exemption. Ms.
Hatch explained the Recorded Exemption and the Subdivision Exemption were a part of creating this parcel
and needed to be done prior to the Use by Special Review being completed.
Bruce Fitzgerald asked if a commercial well permit was required. Ms. Hatch repeated that the Code stated,
"Adequate water service in terms of quality,quantity and dependability is available to the site to serve the uses
permitted".
The Chair asked if the applicant wished to add to the presentation.
Steve Parry, 5336 Flatrock Ct, Morrison, CO, the applicant, representing one of three owners and
accompanied by Jay Pansing, Roy Enter and Brian Dingels, President of ERO and his partner Don Nelson,
said he would address any questions the Commissioners might have. He said he was sure most of the
attendees had seen the landscape blanket material they produced,which were applied to stabilize new slopes,
to prevent erosion and to help in germination of foliage. It was manufactured via a straw base that is stitched
together with a plastic like material and rolled out over the landscape area. The material
dissipates/deteriorates over time through a photo synthesis process and is environmentally safe. This is
additionally a clean operation and does not produce waste materials. It does not require water for the process.
The only water needs for the site would be for potable water, restrooms and perhaps minor landscaping.
Jay Pansing, 1901 Ivanhoe St, Denver, CO, summarized their water needs by saying that they have water
engineers that have analyzed the property and given them written assurance there is a three hundred year
supply of water for their specific uses. The engineers they had hired did not file for the well permit so he filed it
Wednesday, June 13, 2007 and they were asking for approval of their application conditional upon their
commercial permit being granted.
Bruce Fitzgerald asked if they realized their case would be much stronger if they had their well permit in place.
Mr. Parry said they did recognize that and expected to have the well permit a few weeks in advance of the
Board of County Commissioner's hearing.
Roy Spitzer asked about a letter from Bishop Ogden regarding water issues. Mr. Parry said that he did have
the letter.
Brian Dingels, 412 Highway South, Mapleton, MN, owner of the proposed business, said he owns plants in
Minnesota and Georgia similar to the one he is proposing in this application; he has had no problems at all;
the plant produces very little waste; he gave a brief description of how the straw is stitched to a plastic netting,
rolled up and distributed all over the United States;there are no chemicals involved in production and the only
waste is a fine straw that gets collected and hauled out for agricultural uses and animal bedding.
Bruce Fitzgerald asked if the materials were combustible and if Mr. Dingels was prepared to follow whatever
the area Fire Department might recommend. Mr. Dingels said that he would:
Tom Holton asked if Planning had received a referral letter from the fire department. Ms. Hatch said they had
not and the letter regarding the 300 year water supply is in the Commissioner's packets. Mr. Holton then
asked Mr. Dingels where his materials for the landscape blankets would come from. Mr. Dingels said he
5
fr
planned to purchase straw from the local farmers and that his business would require approximately 1500
acres of straw per year.
Doug Ochsner asked about storage of the straw and truck traffic. Mr. Dingels' responded by saying that the
straw storage was to be located outside and inside in storage areas. He did say that one to two trucks,
carrying straw, per day, per shift, was all that would be occurring at the onset of the operation but that he
hoped to have this plant running twenty four hours a day, seven days a week as his other plants do. Mr.
Fitzgerald inquired if the operation was seasonal or year around. Mr. Dingels replied that though the
manufacture was seasonal due to the availability of the materials, distribution was year around.
Mr. Holton asked if they were to go to twenty four hour a day production,would twelve employees be enough.
Mr.Dingels said he didn't know how the twelve employee number was arrived at and did not want to set a limit
on employees at the site. Ms. Hatch said because they had specified three to five employees per shift in their
application that was how Planning had arrived at the number twelve. Mr. Dingels asked that the number of
employees on site per shift be increased.
Mr. Ochsner asked Don Carroll, Public Works, if parking was adequate on the site. Mr. Carroll replied they
had adequate parking and circulation on the site. Mr.Ochsner reminded Mr. Dingels that now was the time to
ask for the maximum number of employees. Mr. Dingels then said he would prefer to have twenty employees
spelled out in the application.
Mr. Holton pointed out that the way the application read, if they have three shifts and twelve employees per
shift, the total would be thirty six, well above the requested twenty.
Ms. Hatch said it could read that they have no more than twelve employees on site per shift.
Paul Branham asked Mr. Dingels if he were agreeable to a total of thirty six employees or twelve per shift. He
said that he was.
Mr. Dingels closed by saying they would get the water permit as soon as possible and asked for approval
conditional upon that acquisition.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Erich Ehrlich inquired about the straw storage in the building and whether the County Code addressed raw
storage with sprinklers or hydrants since they had no referral from Southeast Weld Fire Protection District 16.
Ms. Hatch cited development standard twenty three which states,"A letter of approval shall be provided to the
Department of Building Inspection for any automatic sprinkler requirements from the South East Weld Fire
Protection District prior to construction of any structure. (Department of Building Inspection)"
The Chair summarized by saying that the application is complete except for the proof of adequate water
supply for the site and asked for comments or a motion.
Roy Spitzer asked Mr. Fitzgerald to review the water issue discussion he had with Planning Staff. Mr.
Fitzgerald said the lack of water was a stumbling block but he felt the application was a good fit for the County.
Chad Auer said these concerns were addressed in 1.E. which states, "The applicant shall provide the
Department of Planning Services and the Department of Public Health and Environment with evidence that the
facility has an adequate water supply,a commercial/industrial well permit from the State of Colorado Division
of Water Resources", prior to recording the plat.
Mr. Holton said they can't really move forward with their business until they get the water permit. Ms. Hatch
said that was correct.
6
Mr. Branham said that he believed the applicant would be diligent in providing adequate water, there were
development standards and conditions of approval in place and he did not see why the application could not
move forward.
The Chair asked the applicant if he agreed with the development standards and conditions of approval.
Mr. Parry replied that he did.
Paul Branham moved that Case USR-1615, 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. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes; Roy Spitzer,yes;
Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
The Chair cited Section 23-2-240A.1 regarding adequate water service in terms of quality, quantity and
dependability and said he voted in favor of the approval of the application because there was a stipulation
in the plat that this be satisfied prior to recording and the business beginning operation.
Meeting adjourned at 2:15 p.m.
Respectfully submitted,//
Donit\ 7-4
a May
Secretary
7
Hello