HomeMy WebLinkAbout20020802.tiff PLANNING COMMISSION MEETING
Tuesday, March 19, 2002
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 Nicklas
Fred Walker w
John Folsom
Stephan Mokray Absent •
Cathy Clamp
Luis Llerena
Bruce Fitzgerald Absent
Also Present:Sherri Vogt,Trevor Jiricek,Chris Gathman,Sheri Lockman,Don Carroll,Carla Angeli,Bethany
Salzman
The summary of the last regular meeting of the Weld County Planning Commission held on March 5, 2002,
was approved as read.
CASE: USR-1370
APPLICANT: City of Longmont for St. Vrain Archers & Bowhunters Association
350 Kimbark Street, Longmont, CO 80501
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Private Recreational Facility(St.Vrain Archers&Bowhunters Association)
in the A (Agricultural)Zone District
LEGAL DESCRIPTION: Part of the S2 NE4 Section 8,Township 2 North, Range 68 West of the 6th
P.M., Weld County, Colorado USR-1370
Kim Ogle, Department of Planning Services, read into the record a letter requesting a continuance until May
7, 2002 due to the legal notice error in the Farmer& Miner. The April 2, 2002 is requested by the applicant.
Michael Miller asked the members what their preference would be with regard for to the April 2,2002 meeting
being specifically for the Comprehensive Plan. Would the members be willing to add a few cases onto the
agenda in order to not unfairly push some of the cases further out. Ms. Clamp suggested that the prior
Saturday has already been scheduled and it is not fair for the public to have to wait. Mr. Llerena and Mr.
Walker concurred with the addition of the cases onto the April 2,2002. Ms. Nicklas asked Mr. Morrison if the
meeting could be started at 10:00am. Mr. Morrison stated that the issue of publication was in question to be
able to have the meeting on April 2, 2002.
It was determined that there was not sufficient time to advertise legally the project,therefor the project will be
continued to May 7, 2002.
Cristie Nicklas moved to continue USR-1370 to May 7, 2002. Bryant Gimlin seconded. Motion Carried.
CASE NUMBER: USR-1371
APPLICANT: Bennie Rodriguez
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A, RE-2063;being part of the NW4 of Section 35,T5N, R66W 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, an Accessory Use or a Use by Special
Review in the Commercial or Industrial Zone Districts(Storage Units)in the
A(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 52(49th Street), 1/4 mile east of 47th Avenue.
L Ina zizt 44246 O/oi- 2c'‘' z 2002-0802
Sheri Lockman,Department of Planning Services requests a continuance until May 7,2002 due to publication
error.
John Folsom moved to continue the case to May 7, 2002. Cristie Nicklas seconded. Motion carried
CASE NUMBER: USR-1372
APPLICANT: Bennie Rodriguez
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B, RE-2063; being part of the NW4 of Section 35, T5N, R66W 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, an Accessory Use or a Use by Special
Review in the Commercial or Industrial Zone Districts(Concrete Business)
in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 52 (49' Street), 1/4 mile east of 4791
Avenue.
Sheri Lockman,Department of Planning Services requests a continuance until May 7,2002 due to publication
error.
John Folsom moved to continue the case to May 7, 2002. Cristie Nicklas seconded. Motion carried
CASE NUMBER: Z-570
APPLICANT: Olson Brothers LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2746; a part of the NE4 of Section 30, T4N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Request fora Change of Zone from A(Agricultural)to PUD for 8 residential
lots for Estate uses, one 54.4 acres PUD agricultural outlot, and 12 acres
of common open space.
LOCATION: South of and adjacent to WCR 42, approximately 1/2 mile east of WCR 13.
Chris Gathman, Department of Planning Services, read a letter into the requesting a continuance until April
2 ,2002. The reason for the continuance was the Division of Water Resources and the local Fire District had
not returned the referrals.
Todd Hodges, representative for the applicant, would like to agree with the April 2, 2002 date.
Cristie Nicklas moved to continue the project to April 2, 2002. Luis Llerena seconded. Motion Carried.
CASE NUMBER: USR-1374
APPLICANT: Virtus &Amy Banowetz
PLANNER: Sherri Vogt
LEGAL DESCRIPTION: Lot A of RE-2358; part of the SW4 of Section 31, T5N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use by
right,an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Septic/Cement Contractor, Storage Building) in
the Agricultural Zone District.
LOCATION: North of and adjacent to WCR 50 and east of and adjacent to WCR 49;
approximately 2 miles southwest of Kersey.
Sherri Vogt,Department of Planning Services presented Case USR-1374,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 future tree farm issue. Ms.Vogt stated it would be considered a use by right
in the agricultural zone district and was not addressed in this application.
Virtus Banowetz, applicant, provided further clarification with the intended use of the property. He stated that
he will be replacing septic systems.
Luis Llerena asked for clarification with regard to what the business entails and if the old septic tanks were
taken out by him also. Mr. Banowetz stated he does not remove the old septic tanks he just installs the new
systems and does possible repairs.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Banowetz would like to change the size of the sign, he would like to be granted a 4 x 8 sign instead of a
16 square foot sign which is allowed in the Agriculture zone district,
Bryant Gimlin asked what the need for a bigger sign is. Mr. Banowetz stated he has a sign made and it would
be more visible from the road. The sign itself is a double pole, free standing sign.
Michael Miller asked what DPS position on the request. Ms.Vogt indicated that the agricultural zone districts
sign regulations state a sixteen square feet sign. There is a neighbor in the close proximity but no letter was
received from him.
Fred Walker asked Mr. Morrison if the board had the ability to change the recommended sign size. Mr.
Morrison stated it can be done with the understanding that it is accessory to other zone districts. There is no
fear or residential close that will inhibit the sign.
Cathy Clamp suggested that the motion should include limiting the height of the sign, meaning how far it is
from the ground. Ms.Vogt stated that there was no specific language with regard to the height requirement
but if the size of the post and size could be included in the motion.
Mr. Banowetz stated that the sign will be approximately two feet above the ground with a total height to six
feet.
Fred Walker moved to change B#4 to read "A sign plan that conforms to the requirements for signs in the
A Agriculture Zone District. The sign shall not exceed thirty two square feet in area and not exceed six feet
in height. Cristie Nicklas seconded. Motion carried.
Cristie Nicklas moved that Case USR-1374, 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;Cristie Nicklas,yes; Fred Walker,yes;
Luis Llerena, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-1280
APPLICANT: Kerr-McGee Gathering LLC
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Part of the SE4 of Section 13, T3N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Amine
Plant at the Platteville Compressor Station in the A (Agricultural) Zone
District.
LOCATION: West of WCR 37 and north of WCR 32.
Carla Angeli,Department of Planning Services presented Case AmUSR-1280,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 if the applicant will have to go through the public hearing process with the State of
Colorado before operation can begin. Ms.Angeli stated the applicant will have to go through the process and
the DPS will see the end result. The State process is for the Air Pollution Emission Notice.
Luis Llerena asked for clarification with regard to the fax from the State of Colorado and their concerns. Mr.
Jiricek stated that the State regulates major sources for hazardous air pollutants. 10ton of single and 25 ton
of any combines HAB. (Hazardous Air Pollutants)The report that was submitted by the applicant kept them
out of the major source, If you are in the major source there would be several regulations that would need
to be applied. Mr. Llerena asked if those levels would be allowed within residential areas. Mr.Jiricek stated
that was there would be several factors that would make the final determination on this. Mr.Miller asked what
is being emitted. Mr. Jiricek stated it was benzene and toluene. Mr. Jiricek stated that the applicants is
proposing to emit up to six tons of nitrogen oxides and up to twelve tons of voc's and five tons of carbon
dioxide, almost 10 tons of benzene. Mr. Miller asked how the amount emitted was determined. Mr. Jiricek
stated it was determined on industry factors with the equipment and volume. Mr.Jiricek stated that there were
three option,allow the facility the way it is proposed,have them do some modeling that will give the perceived
risk or require controls.
John Folsom asked requiring a sewer disposal system and is there a need. Mr.Jiricek stated this would be
unmaned therefor the employees can go next door. Ms. Angeli stated that the reason the language was on
this permit is due to the fact it was on the old permit.
Jim Wasson, representative for Kerr-McGee, provided information with regard to the proposal. The plant is
located on the interior of 160 acres. The plant itself is a total of 40acres. The plant strips carbon dioxide from
the gas and enables them to deliver the gas to other areas in the county and meet certain specifications.What
will be built with the addition is two towers, 60 feet tall, one pump building 15 x 30, cooler skid 10 x 30, 15 x
20 building with electrical equipment. This will be a small addition to a plant that is already in place. This
plant designed to be operated unmanned. There are safety shut downs in place and those can be utilized
from an outside location.
Cristie Nicklas asked about the heights of the other structures on site. Mr. Wasson stated that the building
is 42 feet and existing. Ms. Nicklas asked about the additional noise level. Mr.Wasson stated that there will
be very little increased noise with the addition of the cooling fan. Paul Moorhead, engineer, stated that the
size of the fan will be 6 or 8 foot in diameter and there are two of them. The fans are located on the north side
of the building. Those fans will be powered by electricity. Mr. Folsom asked about a noise study. Mr.
Moorhead indicated that the applicant is planning on doing another study soon and will also do a final study
once the plant addition is complete. Mr Folsom asked what is decibel level at property line. Mr. Moorhead
indicated that the highest that was read was at 57-60 decibels at property line. Mr. Llerena asked about the
emergency response for the unmanned plant and what does it consist of. Mr. Moorhead stated that there is
a complete safety system in place. If there is a gas or fires it will take the system down immediately. Mr.
Llerena questioned who the neighbors would call in case of an emergency. Mr.Moorhead indicated that there
are signs on the front of the gates and there have been no prior instances.
Cathy Clamp asked about the noise level and what will it be when the addition is completed. Mr. Moorhead
stated it would add virtually no noise to it. Ms. Clamp asked about the distance from the nearest residence.
Mr. Wasson stated that there are two residences within about half to three quarter from plant. Mr. Folsom
asked about the noise level studies and if the addition of mufflers or installation on the equipment in the plant.
Mr.Wasson stated that they have talked with the neighbors and have been trying to add additional equipment
to alleviate the noise. There have been some addition of better mufflers to try and assist with the noise.
Bryant Gimlin asked if the facility is under an APIN. Mr. Wasson indicated it is under consideration with the
state for a new permit due to the requested addition to the facility. The air permit will have to be completed
on the facility prior to construction. Mr. Gimlin asked if there were currently being gases released from the
plant with regard to benzene and toluene. Mr. Moorhead stated there were and will be when associated with
any gas system. Mr. Gimlin asked what the current levels are. Mr. Moorhead stated that they did not want
to get to the major source level. Mr. Moorhead stated that the noise levels indicated from before are the
highest recorded. Ms. Nicklas asked about the air permit and if it was for the proposed or is it combined with
the amine plant. Mr. Moorhead stated it was cumulative and the permit will add the specifics and the
components.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roy Wordell, neighbor, stated he has a number of concerns. The noise and air emissions are an issue. The
information was not complete with regard to the emission and the benzene and toluene. There was some
discussion of odor and it was disclosed that there might be a little hydrogen sulfide. Mr. Wordell has talked
with the Ron Seetheram from the State Department with regard to the emissions. Those gasses that are
being released can have serious health concerns in certain quantities. Mr. Wordell stated that the 10 ton of
benzene that was going to be release is the upper limit of what is acceptable. Benzene is a carcinogen and
toluene can cause birth defects. Mr. Wordell suggests additional controls because of the toxicity of the
gasses that will be released. Mr.Justice from Kerr McGee indicated that the noise might not be a noise that
carries but if it does then mufflers can be put on them. Mr. Wordell indicated that this would be something
that would be beneficial to do at the beginning not the end of construction. There were other concerns with
lighting that does not need to be on all the time. The other part of air pollution is the odor. It was indicated
by the State Department that with these type of extractions there would always be odors. There could also
be controls installed to minimize the odors. It would be beneficial to install some berming.
Cathy Clamp asked about the noise and if it was more prevalent at any specific time or other. Mr. Wordell
stated it Ms. Murray would be a better source of information with regard to the noise. His home is located
such that the wind does not carry the noise towards him. Mr. Wordell hopes that they continue to work on
reducing the existing noise.
Fred Walker asked Mr. Morrison if the Board was able to revisit the noise on the existing plant. Mr. Morrison
stated that existing plant can operate should this be denied. There is some opportunity to discuss the existing
facility because the permit does cover the whole plant. Mr.Wordell added that the noise from the generators
at the plant were very quiet, but that is definitely not the case.
John Folsom asked Mr. Morrison if there was restrictions as to what can be made based on the State
permitted decibel levels. Mr. Morrison indicated that it depends on the type of facility. Some facilities have
permissible standards. Mr. Miller asked what the maximum industrial level of noise. Mr. Jiricek indicated it
was 80 from 7:00am to 7:00pm and 75 decibels from 7:00pm to 7:00am. This is measured 10 feet off the
property line. Mr. Folsom asked Mr. Jiricek about the intermittent monitoring of the noise levels. Mr. Jiricek
stated that they do not have the staff to set the precedent for monitoring the noise levels. Staff does respond
to complaints and does take some readings. The continuing monitoring program should be turned back to
the applicant and have them turn record and report that back to the Health Dept.
Michael Miller asked Mr. Wordell if Kerr McGee has been responsive to the request on complaints and
concerns. Mr.Wordell stated that somewhat yes. The monitoring system at the Murray residence would be
beneficial. The people working on it have good intentions but things fall through the cracks and get forgotten.
There should be additional requirements done before not after.
Jody Murray, neighbor, has concerns with the noise. Agrees with the monitoring idea. The suggestion for
internal design to help with the noise. The noise is continuous and if the wind is just right it is nonstop. The
doors cannot be open in the summer due to the amount of noise. There needs to be something done to assist
with the noise. Mr. Folsom asked if there was any notice of vibrations. Ms. Murray indicated she has not felt
anything but the noise is constant.
Chair closed the public portion
Bob Justice,representative for Kerr-McGee, provided clarification with regard to some of the emissions from
the plant. The plant is processing about one fourth of what it is capable of doing. The site was permitted for
light industrial decibel levels and the site is below. The site went from 80 during the day to 75 at night down
to 65 decibels all the time. The compressor sites was moved towards the Murrays and away from Mr.
Wordell. The fans do point towards a hill and the Murrays are at the base of that small hill. The compressor
were worked with slow speed fans, hospital grade silencer, mufflers on starting gas, mufflers on blow downs
and when the units were started a sound engineer suggested additional mufflers. This put the plant down to
the 44-48 decibel level at the property line. There will be a study with the two new compressors on board and
take some remedial actions. These have been pointed in different directions. These are also down in a hole
to help with the sound and the line of site. A sound engineer will come to the site and determine where the
sound is coming from. The generator to the radar plant to the east made more noise than the existing plant.
There will be more things added. Mr. Miller asked about the building. Mr.Justice stated that the building are
steel with insulation and that the noise is coming from the exhaust engines and fans.
John Folsom asked if noise isolators were considered and having the engines enclosed for controlling sound
from the pipeline. Mr.Justice stated that the sources are engines and mufflers have been added to assist in
the noise. There have placed duct work around the piping and have also dug in some of the equipment. This
eliminates the line of site and will assist with the noise issues.
Michael Miller asked Mr. Jiricek about additional controls on emissions. Mr. Jiricek stated that one option
would be to specify what the controls need to be reduced by. There could be a condition to minimize HAP
emissions by 95%. Mr. Miller asked about the possible health issues with regard to the dispersal of the
emissions to the area residences. Mr. Jiricek stated that there are several of these facilities in the country.
Mr.Jiricek added that to lower the standard would be a possible way to address the noise issues. Mr.Walker
stated that a possibility would be to do a monitoring system for awhile and deliver those results to the Health
Department. Mr. Llerena agrees that this would be a fair middle ground for the staff and for the affected
neighbors.
Michael Miller stated that the noise seems to be the issue. What was the condition for noise abatement on
the previous project. Mr. Morrison added that the case was a final utility case and the applicant had an
independent consultant. Mr. Miller read the language that was provided by Ms. Macklin with regard to the
condition that was placed on a prior final utility case. Mr. Folsom asked if there was a continuous monitor
device. Mr. Morrison stated that continuous monitoring can be done but there are additional factors that need
to be taken into consideration,for example wind,time of day and temperature. Mr. Folsom indicated that the
condition should include that all the engines and generators will need to be running at the time that the
monitoring is done. Ms Clamp added that the applicant has made adjustments to address the noise issues
and if they would be agreeable to lowering the standard to a light industrial levels. This would allow the new
addition to not increase the noise levels.
Jim Wasson stated that one noise study has resulted in the prior noises. There have been additional
equipment added and an additional noise study will be done. Mr.Miller asked if the applicant will compromise
with not increasing the noise level from the 46 decibels. Mr. Wasson indicated that the spikes in the facility
are the concern and they would feel more comfortable with the higher standard, The applicant would consider
something when another study was done. Mr. Llerena asked if the applicant would be willing to consider the
addition of the condition that included language about a monitoring program. Mr. Wasson feels that it is a
good compromise. The cost may be a factor as well as the frequency, length and air admissions.
Bob Justice, clarified that when the original test was done both units were going, then shut one down and
then there was no difference. The mufflers on them assisted in that. ESD caused the decibels to increase
to 62 decibels. Mr. Justice indicated that when the test was done at the Murray residence there was drilling
rigs going, traffic on the road, emergency generator which the study picked up that background noise. Mr.
Miller asked what was the highest reading. Mr. Justice indicated that at the Murray it was around 44-48
decibels and that is was below residential noise. Mr.Miller asked that the applicant was committed to helping
to mitigate the nuisance noise with the Murray residence. Mr. Justice stated that one of the issues that will
be addressed is to reduce the decibel level to 44. Mr. Justice indicated that the applicant will commit to
another sound study and will try to get a new sense of the new station and eliminate the spikes when the
system is blown down. There are a few possibilities with the existing facility like keeping doors shut. The
applicant will also have a sound engineer analyze the issues and will do what they think are reasonable and
economical. The study can be done before the Board of County Commissioners hearing. Ms. Nicklas asked
where the decibel reading was taken. The reading was taken at the north end of the property close to the tank
battery. Ms. Clamp asked about the flair height. Mr. Justice indicated that it will be vented over the fans and
this will disperse the gas. There will be no flair used.
Luis Llerena would like to consider the language for the monitoring system. Mr. Jiricek suggested that full
cycle at build out so that the monitoring system would include all the information. Ms. Clamp indicated that
if the current standard was not light industrial then it would be beneficial to lower that standard. The light
industrial standard would make the decibel readings 65 in the evening and 70 during the day.
Bryant Gimlin stated that the addition of the condition would be fine. If the applicant is agreeable to the light
industrial standard and the addition of the condition for a monitoring program there is not much more that can
be done. Mr.Llerena asked Mr.Morrison about the decibel limit and if it is lowered will this change the original
permit type. Mr. Morrison stated that the statue talks about zones uses that are applied for.The current zone
is industrial. Mr. Morrison stated that it could be changed but not so dramatically to inhibit the existing use.
Michael Miller stated that the limits would change to light industrial with the inclusion of a condition addressing
the issue of the monitoring program. Mr. Gimlin indicated that the testimony has stated that they are already
below the industry standard for noise in the light industrial district. Mr. Miller asked Mr. Jiricek about the
condition with regard to odor and if there is a significant amount. Mr. Jiricek indicated that the methods to
monitor odor are not technical. There can be odor and it still can be in compliance with the standard.
Michael Miller asked Mr. Wasson if the light industrial level (65 at night and 75 during day) would be
acceptable. Mr. Wasson added that the applicant is not comfortable going to light industrial when a sound
study was done before all of the equipment was installed. Mr. Wasson stated the applicant was not
comfortable changing the level until additional studies could be done with the new equipment in operations.
Michael Miller asked about the schedule for construction. Mr. Wasson stated that the schedule is as soon
as the air permit is done and Board of County Commissioners is complete. Mr. Folsom asked if production
is being restricted now based on the carbon dioxide that is in the gas. Mr. Wasson stated there are no
restrictions. There are certain guidelines in which the carbon dioxide will need to be removed or it will not be
accepted at the end facility.
Luis Llerena stated that Mr. Justice has admitted to attempting to address the noise issues and agree to do
more. Mr. Miller stated that if the study was done and it was within levels there was nothing that could be
done. Mr.Walker stated he believes that a study is needed and this addition with the condition will bind them
to it.
Bryant Gimlin moved to Prior to the Board of County Commissioner hearing the applicant shall submit a noise
study to determine current noise levels while the plant is running at full operation and project any additional
noise that the amine plant might add or quantitive data on why it does not add any noise. Cristie Nicklas
seconded
Bryant Gimlin moved to add to Prior to Recording the Plat language consisting of"The applicant shall submit
a written plan for review and approval to the Department of Public Health and Environment that describes how
the noise, vibration and odor will be minimized or mitigated." In addition a Development Standard with
language consisting of"The applicant shall submit to the Department of Health and Environment for review
and approval an ongoing noise and odor monitoring program to be conducted by an independent party at the
expense of the applicant." Cristie Nicklas 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;Cristie Nicklas,yes; Fred Walker,yes;
Luis Llerena, yes. Motion carried unanimously.
Bryan Gimlin moved that Case AmUSR-1280 with the amendments, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Cristie Nicklas 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;Cristie Nicklas,yes;Fred Walker,yes;
Luis Llerena, yes. Motion carried unanimously.
Michael Miller commented that the application was very complete and detailed that included to references to
the emergency procedures and how the plant was to be operated.
CASE NUMBER: USR-1369
APPLICANT: Lona & David Cowan
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Kennel
in the A(Agricultural)Zone District .
LOCATION: North of and adjacent to Lamb Street and west of and adjacent to Henry
Street, Lot 8, Block 45, Aristocrat Ranchettes, 2nd Filing.
Carla Angeli, Department of Planning Services presented Case USR-1369, reading the recommendation
and comments into the record. The Department of Planning Services is recommending denial of the
application along with the Conditions of Approval and Development Standards.
David Cowan, applicant, provided further clarification with regard to the request. Mr. Cowan stated that one
of the dogs had contacted dermatitis and the dog has been taken to the vet. The vet told the applicant to keep
it washed with betadine.
Luis Llerena asked if the diagram for clarification with regard to where the animals will be placed. Mr.Cowan
provided information with regard to the dogs and horses. Mr. Cowan indicated that during the summer a
relative comes in and uses the added area for keeping the horses during the rodeo circuit. Mr. Cowan
indicated that the horses are exercised daily during the time of the rodeo circuit. The request for the highest
level was to stay in compliance at those times and there would be no more than 16 dogs. Mr. Cowan
indicated that nine of the dogs are mush dogs and the rest are shelties which are house dogs. Mr. Cowan
has three horses. Ms. Clamp asked how many cats there are. Mr Cowan stated he has two that he is aware
of the approximately four that run in and out of the property. Ms.Clamp asked about the dogs getting out and
what arrangements have been made. Mr. Cowan stated the dogs have gotten out one time and at the
issuance of the permit a security fence or noise buffer fence would be installed all the way around the acre.
Ms. Clamp asked about the rescue and the breeding and what would be done with the old dogs that were
being replaced. Mr. Cowan stated that rescue is no longer being done since his wife does not work at the
Humane Society. Mr.Cowan indicated that he breeds in order to replace the mush dogs that cannot pull the
sled any longer. Mr. Cowan stated that the once the pups reach 8 weeks old he will know which one he will
keep for the purpose of sledding. The remainder of the puppies get taken to Puppy Rescue with a bag of dog
food. They have taken four or five litters so far.
Michael Miller asked about the report from the sheriffs office and found conditions to be in adequate. The
explanation at the time was that the son was suppose to be doing the work and it was not getting done. What
intended to do to change. Mr. Cowan stated that it was only one time and the water was frozen and now he
attends to everything when he gets home. Mr. Miller asked what was done to rectify the water problem. Mr.
Cowan stated he thawed out the outside pipes and heat tape was added. Mr. Miller asked about the letters
from the neighbors stating that the dogs have gotten out and killed various different animals in the
neighborhood. Mr. Cowan stated that the dogs like to run and are not aggressive. Mr. Miller asked what has
been done in order to maintain the dogs so they do not kill the neighbors animals. Mr. Cowan stated to his
recollection the dogs have only gotten out one time and restitution for$750 was paid for the twelve ducks.
As far as he knows they have only gotten out once and they were killed. Mr.Llerena asked who was at home
to maintain the security of the animals. Mr. Cowan stated it was his wife and son and they were in charge
when the instances occurred.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Karry MCCauley, neighbor, in the years that they have lived there the dogs have gotten out several times.
The dogs are noisy and they do get out. Any time spent in the barn with horses the shelties bark the whole
time. The waste in the horse area is huge issues as well as the dog waste. Two of the horses have been
there since 1993 and the pen has never been cleaned out. The neighbors have a nice patio that cannot be
enjoyed because the dogs are at the fence line barking. A pallet tied to the existing fence is the only thing that
is done in to keep the dogs in once a hole has been found. The big dogs are chained most of the time. Some
dogs are behind corrugated steel. The dogs getting out is a dangerous problem.
Cristie Nicklas asked what the footage on the horse pen is. Ms. McCauley stated it was 20 x 30 pen and the
one horse is in bad shape. Mr. Folsom asked if any of the shelties are in the house. Ms. McCauley stated
they were outside all the time.
Tracy Deblieck,neighbor,she is a veterinarian technician and the condition of the animals is inhumane. Their
has been damage done to the yard by the dogs. They have no resources to handle the animals they have
now. Mr. Folsom asked about the pens for the dogs. Ms. Deblieck stated that the dogs have free run of the
property but two are kept in a circular pen. There were between 30-40 dogs there, with the inclusion of the
litters of puppies, at one time. Mr. Miller asked if the dogs were aggressive. Ms. Deblieck indicted that they
were. They are aggressive towards one another and the dogs are not socialized.
Suzanne Kieble, neighbor, was the neighbor that had the ducks attacked. There has also been incidents of
the dogs attacking her goats and her. They have put up welded wire, horse fencing, cattle panels and all of
these have gotten broken. The dogs turned on her on February 21,2000 and attacked her. They have killed
the dogs because of the several attacks on her animals. She has taken them to civil court and has been
awarded restitution. Ms. Kieble has police reports and court notification.
Kirk Higgins,Weld County Sheriff Office Animal Control,the concerns are the conditions of the animals. The
are some serious concerns if the wife and son are left with the animals that they are not being properly cared
for. The son was very resistant and argumentative with regard to the water supply. Mr. Higgins indicated that
the horse stalls had not been cleaned for some time. It was noted on a routine check that the 32 year old
horse does have an open sore on the right leg and there seems to be no healing or progress. The circular
pens for the dogs have panels wired up and Mr.Cowan indicated that they have to climb over roofs to be able
to maintain the animals. Mr. Miller asked about the dogs being aggressive. Mr. Higgins indicated that he
would agreed that they would be aggressive if they got out. Mr. Llerena asked about what the existing plans
to deal with the situation. Mr. Higgins stated that they need to come into compliance with the existing animal
units on the acreage because they cannot deal with the number of animals they have now. Mr. Llerena asked
if it was fair to have this level of animals with a young one dealing with the responsibility of those animals. Mr.
Higgins indicate that there are some youth that could deal with the responsibility but Mr. Cowans son does
not seem to be able to handle the responsibility.
Julie Hibler,Weld County Sheriff Officer Animal Control,additional concerns are with the breeding facility and
turning the rest over to puppy rescue. Mr. Cowan indicated that a Shelty has already been bred and those
puppies will be staying. Ms. Hibler indicate the concern with the number of dogs turned out to rescue. Mr.
Miller asked about the experience with breeding and keeping the best puppy. Ms. Hibler stated that this rarely
happens for the breeding purposes. Breeding purposes are for those that have a registered breed and want
to sell them. The dogs that Mr.Cowan has is not a registered breed,they are uses for pulling the sled. There
is not a market for these types of dogs. Ms. Hibler indicated to do a breeding to give the extra puppies to an
already overloaded system is a very large issue. What happens when the Rescue is already full and cannot
take the puppies. This leaves Mr. Cowan taking care of the dogs until a home can be found or the Rescue
can take them.
Chair closes the public portion.
Cristie Nicklas asked Ms.Angeli what the allowed animal units on an acre would be.Ms.Angeli indicated four
livestock and up to seven if animals are mixed. (Cats & Dogs)
David Cowan added that he was not aware of half the things that were stated. The State Animal Inspector
was out last week and stated that the animals were in fine health. Mr. Miller asked if there was a report from
that incident. Ms.Angeli indicated that it was included in the packet. Mr. Cowan indicated that the inspector
conveyed verbally that the animals were fine.
Cathy Clamp asked what the approximate water usesage would be for a year with all the animals and family.
Mr. Jiricek stated for people the figure is 75 gallons per person per day. Mr. Jiricek indicated that without
doing the actual figures there would not be enough according to his estimate. Ms. Clamp indicated that the
most recent agreement with Central Weld is the delivery for one acre foot of water per household per year.
Luis Llerena stated from what has been seen with the pictures and the testimony and letter the existing
situation is unacceptable. The existing situation needs to come into compliance before any consideration for
new animals.
Cristie Nicklas moved that Case USR-1369, be forwarded to the Board of County Commissioners with a
recommendation for denial on the basis of the staff recommendation. John Folsom 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;Cristie Nicklas,yes;Fred Walker,yes;
Luis Llerena, yes. Motion carried unanimously.
Cristie Nicklas commented that there are too many animals that are not being taken care of on this property
and Animal Control needs to continue to monitor the situation closely.
CASE NUMBER: USR-1373
APPLICANT: Rocky Mountain Ready Mix Concrete, Inc.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the N2, NE4, NW4 of Section 31,Ti N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Application for a Site Specific Development Plan and Use by Special
Review Permit for a Concrete Batch Plant in the A (Agricultural) Zone
District.
LOCATION: Approximately 500 feet west of HWY 85; approximately 4,600 feet north of
WCR 2
Chris Gathman,Department of Planning Services presented Case USR-1373,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 a condition that would require them to vacate the other batch plant. Mr. Gathman
stated that could be addressed in the Site Plan Review stage and Development Standards. The existing batch
plant is I-3 which differs from the A zoning causing the existing plant to be a use by right. Mr. Miller asked for
clarification with regard to the location of the property under consideration.
Ron Colburn,representative for the applicant, provided some clarification with regard to the submitted letter.
The instances of shooting have been determined to be trespass issues. The applicant will post at the site for
no trespassing and no shooting. There is no buildup of concrete on this site. The area to the south of the
property has a permit from the Core of Engineers for bank retention to try and straighten out the course of the
river. Rocky Mountain Ready Mix has been in operation since 1981 on the property east of the proposed site
and has an extended long term lease with first right of refusal. This included a leased access. There is a
requirement to get a access recorded access to the USR site. The truck wash will be relocated onto the new
USR site, this will alleviate the issue with the county for having been placed on a property line. There will be
no aggregate storage on the existing batch plant. The old plant will be taken down and sold or taken to
another site for possible re-use. The only thing that will continue to be done on the original site is the parking
of trucks and maintenance purposes. The net result is that the applicant will be moving onto the other
property, there will be no batching of concrete at the old location.
John Folsom asked about the capacity for compared to the old plant. Mr. Colburn stated it was faster and
cleaner and would be a permanent plant. The plant is sized to meet the present market demand. There is
the possibility to haul more concrete from the plant,but the demand must be there. Mr.Colburn indicated that
the aggregate is hauled to the plant.
Fred Walker asked about where the average number of 98 round trip truck trips came from. Mr. Colburn
stated he has done the averages from the past year. The number represents the mixer trucks and aggregate
hauling. The maintenance shop on the original property will remain the same.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Colburn would like to address a few changes. There is concern with the need to provide a lease
agreement to the Weld County Attorneys Office. There is a memo in place now but the agreement will not
be complete until the proposed project is approved. The one concern is the requirement that the applicant
shall submit a Site Plan Review for the existing property. The applicant is in fact essentially deleting the
existing use on the original site.
Chris Gathman address the issue of the requirement for the Site Plan Review(SPR)with language from the
Land Use Code. The code states "No land, building or structure shall be used changed in use or type of
occupancy, developed, erected constructed, reconstructed, moved or structurally altered in the 1-3 Zone
District until a Site Plan Review has been approved by the Department of Planning Services. Mr. Colburn
stated that his understanding is if the use is increased a SPR would have to be done. Mr.Morrison stated that
the use is not really changing just backing off. Another approach is the lot will be different with drainage and
will look different. The interpretation can be argued for both. The intent of the code would be if the use was
being increased.
Bryant Gimlin moved to change language in#2b of Prior to Scheduling the Board of County Commissioners
Hearing to state"the applicant shall submit a copy of the proposed lease agreement for the proposed batch
plant to the Weld County Attorneys Office." and also add language under the heading of Prior to recording
the plat:"the applicant shall submit to the Weld County Department of Planning Services a signed,notarized
and recorded copy of the executed lease." Cristie Nicklas seconded Motion Carried
Luis Llerena stated that it is within the parameter of the board to say that the use does not increase the use
but actually decreases it.
Cristie Nicklas moved to delete#3H and reletter. Bryant Gimlin seconded. Motion Carried.
Chris Gathman stated that an addition Development Standard #21 be added to address lighting. The
language would consist of"sources of light shall be designed, located and operated in such a manner so that
beams or rays of light will not shine directly on adjacent properties."
Bryant Gimlin moved to adopt the language proposed by Mr. Gathman with regard to the lighting. Cristie
Nicklas seconded. Motion Carried.
Cristie Nicklas moved that Case USR-1373,along with the amendments, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Cathy Clamp 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;Cristie Nicklas,yes;Fred Walker,yes;
Luis Llerena, yes. Motion carried unanimously.
CASE: Consider amendments to the Weld County Planning Commission Bylaws:
Article V A. and B.to clarify place of regular meetings;
Article V B. 3. and V.G. to allow for use of a consent agenda: and Article
V.H.to specifically allow the Chair to limit oral testimony by staff,when the
written record is deemed adequate, and from the applicant and the public
to avoid cumulative and repetitious testimony
PLANNER: Kim Ogle/Lee Morrison
Mr. Morrison stated that the only reason that is still on the agenda was that there were not six potential
voters. The Bylaw changes requires six affirmative votes. The material have been discussed and there
were no particular questions. There have been some changes that are required in any case regarding the
language in Article 4 on meetings in terms of meetings and making it more flexible on where. There was
a change made in Article 5 with regard to holiday meeting times and if those times fell on a designated
holiday an affirmative vote from 5 members taken at least 30 days, not 7, prior to the date. The
recommendations with regard to consent agenda. The one issue that the envisions are the items will be on
the consent agenda and it will be dealt with at the beginning of the meeting. The decision to make it a full
hearing requires two members.
Fred Walker stated his concern is with H and giving the Chairman the sole discretion to limit testimony. Mr.
Llerena stated that sometime not all agree and there needs to be someone to take charge of the meeting.
Mr.Morrison added that Robert Rules of Procedure has a provision for adopting special rules for a particular
proceeding. The discretion can be addressed with the addition language consisting of a majority of the
commission. Mr.Gimlin added that if there was a need for more time the commissioner could ask questions.
Michael Miller stated that the addition of the language is fair and addresses the issue before it arises.
Mr. Morrison stated that the Planning Commission votes that they need to be amended and then the
Commissioners need to ratify them and then they would go into affect.
Cristie Nicklas moved to adopt new language in Article 5 subparagraph H to read "The Chair may also at
his or her discretion, unless a majority of commissioners present vote to override the exercise of the
chairmans discretion." Cathy Clamp seconded. Motion Carried.
Luis Llerena moved to approve the amendments to the Weld County Commission Bylaws. Cristie Nicklas
seconded. Motion Carried.
Meeting adjourned at 6:30pm
Respectfully submitted
Voneen Macklin
Secretary
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