HomeMy WebLinkAbout20021041.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 16, 2002 •
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A regular meeting of the Weld County Planning Commission was held Tuesday 2002, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
Cristie Nickles Absent
Fred Walker Absent
John Folsom
Stephan Mokray Absent
Cathy Clamp
Luis Llerena
Bruce Fitzgerald
Also Present: Don Carroll, Drew Scheltinga, Char Davis, Pam Smith, Peter Schei, Lauren Light, Chris
Gathman, Sheri Lockman, Carla Angell,
CASE NUMBER: COZ-602
APPLICANT: Mike Siegrist, Riverdance Development Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of Section 35,the SW4,NW4 and the NW4,SW4 of Section 36, T3N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD with Residential Uses (R-1,
R-2, R-3,&R-4)for six hundred eighteen(618)Residential Lots,thirty-one
(31) Lots with Commercial/Industrial (C-1, C-2 & I-1) Uses and 239 acres
of Common Open Space including a Community Clubhouse in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 28 and east of and adjacent to 1-25
Frontage Road.
Kim Ogle, Department of Planning Services read a letter requesting continuance to June 18, 2002. The
reason for the continuance is due to the lack of time to adequately process a referral from Public Works. Staff
recommends pre advertising this project for the Board of County Commissioners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bryant Gimlin moved to continue Case CZ-602 until June 18, 2002. John Folsom seconded. Motion carried
CASE NUMBER: USR-1376
APPLICANT: Jennifer Bargen/Bart Stoneback
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: The N2, NW4 of Section 33, T1 N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
business permitted as a use by right or accessory use in the Commercial
Zone District (Landscaping Materials Yard) in the A (Agricultural) Zone
District.
LOCATION: South of and adjacent to WCR 4 and east of and adjacent to WCR 17.
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Sheri Lockman, Department of Planning Services, read a recommendation for continuance due to the
applicants inability to notify mineral owners as required by State. The request is for an indefinite continuance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved to continue Case USR-1376 indefinitely. Bryant Gimlin seconded. Motion carried.
CASE NUMBER: USR-1377
APPLICANT: Gary& Carol VanderWal
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot A of RE-359; part of the SE4 of Section 8, T5N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST : 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 Districts(Dairy equipment business, Storage buildings)
in the A(Agricultural) Zone District.
LOCATION: West of and adjacent to WCR 17 and north of and adjacent to HWY 34.
Carla Angeli, Department of Planning Services, read a recommendation for continuance. The project was
published incorrectly. The request for continuance is to June 18, 2002.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved to continue Case-1377 to June 18, 2002. Bruce Fitzgerald seconded. Motion carried.
CASE NUMBER: USR-1379
APPLICANT: Voicestream Wireless
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt. E2 SE4 of Section 32, T11N, T66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Application for a Site Specific Development Plan and Use by Special
Review Permit for a Major Facility of a Public Utility(300'cellular tower) in
the A(Agricultural)Zone District.
LOCATION: Approximately 750 feet East of Hwy 85; approximately 1.25 miles North of
WCR 122.
Chris Gathman, Department of Planning Services, read a recommendation for continuance to May 7, 2002.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved to continue Case USR-1379 to May 7, 2002. Bryant Gimlin seconded. Motion carried.
CASE NUMBER: AmUSR-1096
APPLICANT: Sharon Parrill
PLANNER: Lauren Light
LEGAL DESCRIPTION: Part of the NE4 of Section 21, T12N, R66W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a use
allowed as a Use by Right in the C-2 (General Commercial)Zone District
(restaurant/tavern) in the A(Agricultural)Zone District.
LOCATION: West of State Hwy 85; south of and adjacent to WCR 140.
Lauren Light, Department of Planning Services, presented Case AmUSR-1096, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
John Folsom asked about Development Standard #16 with regard to the property being sold or transferred.
Ms. Light stated the standard was carried over from the original USR. Mr. Folsom asked about the status
of water and was it permitted in the State of Wyoming. Ms. Light indicated that there is a letter from Wyoming.
Char Davis, Department of Public Health, stated that they have proof of water from Wyoming.
Lee Morrison indicated that since this case was continued that only the Commissioners present at the first
hearing could vote unless the record was reviewed. Mr. Fitzgerald will be unable to vote on this project.
Sharon Parrill,applicant, stated that there was nothing to add and all the information was provided at the last
hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved that Case AmUSR-1096,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes. Motion carried
unanimously
CASE NUMBER: USR-1375
APPLICANT: James Terry/Nelson Pipeline Facility
PLANNER: Lauren Light
LEGAL DESCRIPTION: Lot B of RE-2765; part of the W2, NE4 of Section 2, Ti N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use-by-Right in the Industrial Zone District (23,000 sq. ft.
contractor's office and shop facility) in the A (Agricultural)Zone District.
Lauren Light, Department of Planning Services, presented Case USR-1375, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked about the referral from the Fort Lupton Fire District and the potential for the addition of
sprinklers. Is there a need to add to Condition of Approval#10 some language to reflect attempting to comply
with the Fire District. Ms. Light stated that would be acceptable. Mr. Gimlin asked about the access roads
negotiation with Kerr McGee. Ms. Light stated that she believed it has already been worked out.
Dana Levitt,representative from Jim Sell Design,provided clarification with regard to the project. The access
agreement between the applicant states the applicant will provide a gated access separate from the facility.
This will provide 24 hour access for Kerr McGee. The applicant is working with Fort Lupton to address the
issue of screening.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved to add language to Condition of Approval #10 consisting of" and attempt to comply
with the requirements of the Fort Lupton Fire District." Bruce Fitzgerald seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes; Bruce Fitzgerald,
yes. Motion carried unanimously
Lauren Light stated that Department of Planning Services is requesting the addition of Condition of Approval
1 L which states "A finalized agreement between Kerr McGee Rocky Mountain Corporation, Kerr McGee
Gathering LLC and Nelson Pipeline Company be provided to the Department of Planning Services."
Bryant Gimlin moved to add the above stated language. Cathy Clamp seconded. Motion carried
Cathy Clamp moved that Case USR-1375, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes; Bruce Fitzgerald,
yes. Motion carried unanimously
CASE NUMBER: USR-1378
APPLICANT: Douglas & Kjersten Hobbs
PLANNER: Lauren Light
LEGAL DESCRIPTION: Lot A of RE-398; part of the SW4 of Section 24, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
business permitted as a use by right or accessory use in the Commercial
Zone District (Lawn Care Company) in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to WCR 18; approximately 1/4 mile east of WCR 11.
Lauren Light, Department of Planning Services, presented Case USR-1378, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp asked about the referral from Road and Bridge regarding the problem with a circle drive and is
there room to adequately maintain this. Don Carroll, Department of Public Works, stated that the existing
circle drive would be fine if it can be justified. If it is not needed and cannot be justified than it needs to be
closed.
Kjersten Hobbs,stated that the plan is to have the barn with two doors and be able to drive all the way through
it. Ms. Clamp asked about the existing lawn care and if it was going to expand. Ms. Hobbs stated that they
have given some lawns up that were to far to travel to, but would like to increase business when development
in the area increases. Ms. Hobbs stated that five trucks is the maximum in the future. Mr. Folsom asked
about WCR 18 and if they were anticipating semi trucks. Ms. Hobbs stated that their trucks were typical full
size trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mark Van de Walker, has concerns with regard to the added traffic and the stress to the livestock. There has
been a development to the north and the development of a business will take away some of the quiet country
life they moved into. There are letters from Tina Mora and Jean Wilkerson, neighbors, stating concerns with
the increased traffic and the fact of a business being put into the Agricultural zone district. Establishing a
commercial property will deteriorate the life style of the neighbors.
Michael Miller asked about the potential activity and the level of the stress of the livestock. Mr.Van de Walker
stated the traffic and noise of the equipment were factors in the stress on the animals. The applicants do
maintenance on the mowers and yard equipment causing constant noise. The speed limit on WCR 18 is
45mph and it is already a dangerous situation. Mr. Miller asked how the use of tractors and other farm
equipment would be different than the proposed business. Mr. Van de Walker indicated it would not be
different. Mr. Miller clarified that this application is not to change the zoning on the property, but is to allow
a different use.
The Chair closed public portion.
Kjersten Hobbs stated she needs clarification with regard to emergencies in Development Standard#10. The
business is dependent on the weather. If the weather is bad on Friday all the equipment will need to be
moved back to the shop and they return on Saturday to finish the weeks work. She stated that the noise
would lessen when the barn is built. There is a plan to put landscape in to assist in the noise with the
neighbors.
Michael Miller asked why the hours of operation could not be Monday through Saturday. Ms. Light indicated
that this was an attempt to be compatible with the neighborhood. The inclusion of the language with regard
to the emergencies allowed the applicant to do work that was needed on Saturday due to inclement weather.
Mr. Miller suggested re-wording the beginning of the standard to include something with regard to weather.
Ms. Light indicated that she attempted to keep the owners and employees separate. This standard is limiting
towards the employees not so much the owners.
Bryant Gimlin stated he would delete Development Standard #5 all together. The business is seasonal not
year round and the applicant has indicated that they do not like working on Saturday and try to limit it. Mr.
Miller stated he would eliminate the Monday- Friday and make it Monday- Saturday.
Bryant Gimlin moved to change Development Standard#5 to state Monday-Saturday and strike"except for
emergencies". Bruce Fitzgerald seconded. Motion carried.
Bryant Gimlin moved that Case USR-1378, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes; Bruce Fitzgerald,
yes. Motion carried unanimously
Michael Miller commented that he encourages the applicant to remain compatible with the neighborhood and
work together with them.
CASE NUMBER: 2"d AmUSR-1125
APPLICANT: Hall-Irwin
PLANNERS: Chris Gathman
LEGAL DESCRIPTION: E2SW4&part SE4 of Section 30,T6N, R66W and part NE4NW4 and part NE4 of
Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development and Special Use Permit for an open-cut
gravel mining operation,asphalt and concrete batch plants,and a recycling
plant along with a Use Permitted by Right, Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts(stockpiling
and retail sale of landscaping materials) in the A (Agricultural) Zone
District.
LOCATION: West of and adjacent to WCR 27 (83rd Avenue), south of and adjacent to
WCR 64 'h.
Chris Gathman, Department of Planning Services, presented Case 2"d AmUSR-1125, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
John Folsom asked about the size of the sign. Mr. Gathman indicated that there is already a sign at the front
of the building and they will be amending it not adding to it. The sign will incorporate the landscape materials
aspect. Ms.Clamp asked about a separate entrance for the retail aspect. Mr.Gathman stated they are going
to be using the existing access. Ms. Clamp asked what the average truck traffic is, is there an existing road
improvements agreement and are they going to amend it for the retail. Don Carroll stated that the applicant
is going to use the existing access,there is an excel/decel lane through the improvements agreement. There
is a road maintenance improvements agreement at this location. In the road improvement agreement they
have tried to address the separation with regard to the larger vehicles and the smaller ones.
Julie Chester, representative for Hall-Irwin, provided clarification with regard to the facility. Daryl Wood is
going to be the manager of the facility once its done. The difference in the permits are the stockpiling and the
size is smaller. The landscape material stockpile is 10-12 feet in height. There will need to be additional
parking around the office. A 14x70 modular office will replace the existing office and the applicant will apply
for the building permit upon BCC approval. The use is the only change with the permit. There will be a
change from wholesale to retail sales. The circulation of the traffic is designed so the concrete traffic goes
one way and the retail traffic goes another. The existing trailer does not meet current flood hazard overlay
conditions. The applicant is asking to not bring the existing trailer up to standard but instead will be replacing
with a new office that will meet Flood Hazard overlay standards. The applicant will be replacing the office with
a new modular within two months. The sign will be the same sign with some modifications to the lettering on
it. There will be a total of 10 employees and this will be the maximum. Ms. Chester indicated that they have
met with the Health Department and addressed a majority of those concerns. The applicant will update the
septic permit for the new office building. The existing permit is approved for an asphalt/concrete plant.
John Folsom asked about a stockpile for compost or fertilizer. Ms. Chester stated there will be fertilizer and
the DPS has asked for a list of the materials. Mr. Folsom indicated that at the Firestone plant manure was
being taken and mixed. Daryl Wood, representative, stated that in Firestone, part of the removal of the
manure was done with a permitting process and the intent was for it to disappear quickly to which it was mixed
with top soils. This facility will not have any production of compost. It will be brought in for stockpile and
storage.
Michael Miller asked Char Davis about the truck wash out requirements. Ms. Davis indicated that they are
just looking at the landscaping portion of this permit. Mr.Miller stated that it was included when the application
was amended the first time. Mr. Gathman stated incorporated all the Development Standards that were
originally approved under USR-1125 and AmUSR-1125. The standard from the Health Department may have
started after the last amendment was done. Mr. Miller asked if they could include a development standard
regarding a truck washout and the capture and recycling of the water. Mr. Morrison stated that it may not have
been included in all the other USR's. There was an effort to put in the regulations regarding truck wash outs
and the Commissioners did not include it. The last time the batch plant was addressed in 1996 and the
amendment in 2000. Mr. Morrison stated it was hard to make a call when the batch plant is not being
addressed,just the landscape portion. Mr. Morrison indicated that this case is separate enough not to open
those issues up.
Char Davis indicated that there were some changes that needed to be made:the first is a change in language
on 1 E and move to prior to release of building permit, 1 D-change to Development Standard and read"The
applicant shall comply ", 1 F-change to Development Standard and read"The applicant shall comply "
typo on Development Standard #16, Development Standard#12 shall state"The facility shall adhere to the
maximum permissible noise level allowed in Industrial Zone as delineated in 25-12-103 CRS as amended."
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Julie Chester has some concerns with Condition of Approval #6 A with regard to the dust abatement plan.
It was the applicants understanding that the plan did not have to be amended. Ms. Davis indicated that that
was correct and recommends that this be eliminated.
John Folsom asked if the board would like to address the concerns about the area used for the sale of
landscape material and whether it should have a legal description. Ms. Chester indicated that she has spoke
with the referral agency requesting the information and the applicant will provide them with a surveyed meats
and bounds description. The referral agency wanted a general idea of where the retail sales will be located.
Cathy Clamp moved to change 1D Condition of Approval to become Development Standard #44, 1 E move
to#4 Prior to Release of Building Permit and the wording shall change to"Office and Scale house", 1F moved
to become Development Standard #45, renumbered accordingly, Prior to operations shall be removed,
Development Standard#12 shall reflect Health Department language,remove#6A and maintain#6B. Bryant
Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes; Bruce Fitzgerald,
yes. Motion carried unanimously
Michael Miller asked about the new FHDP permit and if it would apply to the old trailer. Mr. Gathman stated
that the application for the building permit on the new office will be done soon. DPS would like to make sure
that when it opens for retail business all ADA requirements are addressed. Ms. Chester stated that the
existing office will be somewhat of a different use. The existing office does not adhere to the requirements
of the FHDP but the new permit will bring the new office and area in compliance. Ms. Chester indicated that
the intent is to replace the building in a relative short time frame.
Lee Morrison stated the overlap period would be the only concern. Will both offices be in operation or will it
be a matter of set up. Ms. Chester indicated it would be a matter of set up. This is similar to a Temporary
during Construction permit. The existing office will still be used until the new office is ready. Ms. Chester
indicated that they would agree to a standard that states when the "old"office will need to be removed.
Julie Chester indicated that the building permit can be realistically applied for by the week of April 29 and this
takes approximately four to six weeks and sixty days for inspections. Mr. Gathman stated that the new
Condition would state "The existing landscape office trailer shall be removed no more than one week after
the final Certificate of Occupancy is granted for the new office building."
Cathy Clamp moved to delete #6 and add #7 with the above language. Bryant Gimlin seconded. Motion
carried
Bruce Fitzgerald moved that Case 2n°AmUSR-1125 , be forwarded to the Board of County Commissioners
along with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Luis Llerena, yes; Bruce Fitzgerald,
yes. Motion carried unanimously
Meeting adjourned at 3:30pm
Respectfully submitted
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Voneen Macklin
Secretary
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