HomeMy WebLinkAbout20031577 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 3, 2003
A regular meeting of the Weld County Planning Commission was held Tuesday 2003, 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 1:30p.m.
ROLL CALL ._"
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Michael Miller r•
' c
Bryant Gimlin
James Rohn
Fred Walker Absent fD
John Folsom
Stephan Mokray
John Hutson Absent
Bernard Ruesgen Absent
Bruce Fitzgerald Absent
Also Present: Don Carroll, Peter Schei, Sheri Lockman, Kim Ogle, Monica Mika, Pam Smith, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on May 15,2003,
was approved as read.
Items on the Continued agenda:
CASE NUMBER: PZ-594
APPLICANT: Todd Muckier, Debra Eberl & Eli Krebs
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A and B of RE-2695; being part W2 Section 29, T5N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Change of Zone from (A)Agricultural to PUD for seven (7) lots with (E)
Estate Uses and one (1) non-residential lot with Agricultural uses.
LOCATION: South of and adjacent to WCR 54 and /2 mile East of WCR 15.
Sheri Lockman,Department of Planning Services,read a letter requesting a continuance to July 1,2003 due
to notification.
CASE NUMBER: USR-1429
APPLICANT: David &Annita Alvarez
PLANNER: Sheri Lockman/Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-3025; being part of the NE4 of the NE4 of Section 29, T7N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a church
childcare center and private school in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 78 and west of and adjacent to CR 41.
Sheri Lockman requesting a continuance to July 1,2003. Scheduling was incorrectly done,referrals are not
received to date.
Items on the Hearing agenda:
CASE NUMBER: CZ-1040
APPLICANT: Great Western Railway Company of Colorado, LLC
PLANNER: Monica Daniels Mika
LEGAL DESCRIPTION: SW4NW4/N2NW4 Section 25;part of the E2SE4 Section 23;and the SW4
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Section 24, all located in T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A (Agricultural)to the 1-3 (Industrial)Zone District.
LOCATION: North and south of CR 64 3/4; north of and adjacent to CR 66; east of CR
23; and north of and adjacent to Eastman Park Drive.
Monica Mika,Department of Planning Services presented Case CZ-1040,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 Ms. Mika where the closest line of the Great Western railroad is located and how Great
Western is involved. Ms. Mika indicated that a representative for the applicant will address this. Ms. Mika
stated that there is a lease purchase agreement in the file.
John Folsom asked why the Town of Windsor has not annexed the property,they have included it into the
growth management area. This makes the proceeding more complicated due to two different standards.
Ms. Mika stated that Windsor did go through the process to include the entire parcel, prior to taking that
action the use was light industrial/estate uses. There is a timing element in order to get this type of
application in order. The applicant is pursuing the change of zone then it will more than likely be annexed
into Windsor.
James Rohn asked if this is the proposed site for Owens Illinois if they choose this location. Ms. Mika
indicated it was a possible location but the application is for a change of zone not the final user.
John Folsom asked about the prime farm land and there is no reference made to this. Ms. Mika stated that
in a change of zone for a PUD it is criteria but for conventional change of zone it is one of the elements. It
is not one of the decision makers.
Alex Yerros, applicant, provided clarification with regard to the project. They are a regional railroad that is
able to service the industrial areas in Fort Collins,Loveland and Greeley. The lines are positioned between
the main lines of the Union Pacific and Burlington Northern/Santa Fe. This is a great industrial site around
the railroad. The industrial use in encouraged due to the extension of other industrial in the area. Markets
can be reached from either rail systems. The ultimate user has not been identified yet but Owens Illinois is
a possible subject. Industrial uses are encouraged on properties that have a natural extension of existing
industrial sites. This site is a natural extension.
John Folsom asked Mr.Yerros about the prime farm land and it being one of the priorities to preserve prime
farm land. Agriculture is one of the most important income producing activity in the county. It becomes a
matter of what the code requires. Mr.Yarrow indicated that Owens Illinois,specifically,would employ 150+
people and this is substantial for a site like this. The jobs would be welcome.
James Rohn asked about the uses around the property. Mr. Yarrow indicated it was irrigated ground.
John Folsom questioned the urgency of the project since the jurisdictions is being split between Windsor and
the county. Is there any reason it cannot be delayed until the Town of Windsor can proceed within their
jurisdiction. Mr. Yerros stated that a number of uses could locate onto the site but if Owens Illinois chose
to locate they would want it to be industrially zoned. There are other sites that Owens will be considering.
Mr. Yarrow stated the zoning would need to be done for this site to be a viable site for Owens. If the time
were delayed Owens would possibly go somewhere else.
Monica Mika added that the agricultural lands criteria was adequately addressed through process. The
criteria is in the use by special review process.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Plummer, Town of Windsor Director of Planning, provided additional clarification with regard to the
application. The Town of Windsor is in support of the application. The Planning Commission of Windsor
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did vote to amend land use and include the parcel into the growth boundaries for the town. The amendment
consisted of a change from light industrial and estate to heavy industrial. Town of Windsor is under fast
track process for amending the boundaries, in order to annex it would delay the process. The intent is to
annex to Windsor by applicant at a future date. The time delay for the process would make it non beneficial
to the town or county. The Town of Windsor embraces the project as well as the Board of Trustees.
Lisa Korollo, neighbor, does not want this to be zoned heavy industrial. The issues are noise and traffic.
The area is wonderful farming ground. There is a lot of horses in the area. It is hard to watch farm ground
get developed into industrial. Ms. Korollo lives in Willow Springs Estate. The area was to be agricultural
or residential. The smallest acreage in the Willow Springs subdivision is three acres. Crime will increase
as more activity is brought into the area. The residents in the development are not in favor of this and will
voice their opinions.
Michael Miller suggested that the opponents should be at the Planning Commission and the Board of County
Commissioners hearings during the change of zone process.
James Rohn asked Ms. Korollo how far away her property is from the site. Mr. Korollo indicated it was
approximately 1/2 mile away. Mr. Rohn asked how many people are in the subdivision. Mr. Korollo stated
that there are 20 homes. Mr. Rohn asked, "what do they do for a living?" Mr. Korollo indicated there was
a couple of business owners and most work for corporations. Mr. Rohn asked if any worked for Kodak. Mr.
Korollo stated there might be one household.
Scott Cameron,neighbor,indicated concern that Great Western nor Owens Illinois owns the property. Is this
the end of decision process or is the June 18 meeting similar to this. Mr. Miller explained that the Planning
Commission is an advisory board and the Board of County Commissioners makes the ultimate decision.
The property owners make the decision as to the use or what is applied for. The ultimate use is up to that
owner and if they chose to farm then it will continue as such. Mr. Cameron indicated that the area is good
farm ground.
Ron Klaphake, EDAP, indicated his involvement with Owen Illinois. EDAP has been involved for one year
and has been searching for a site that is suitable. This site has services with all the needed utilities. The
alternative sites are two in Weld County and one in Wyoming. This site meets all the criteria of need for the
industrial activity proposed. This would provide solid jobs for the area not residences. In having job
opportunities it takes the traffic off the highways. EDAP has worked with the County and State to provide
great possible sites. This is another option besides building homes. It gives the opportunity to live close to
where job opportunities are.
Craig Harrison, representative of the seller,indicated all of the positive influences this will have on the area.
The site requires utilities along with the railroad. The location is a compatible land use. The area behind
the site and across the railroad to the north is under contract for sand and gravel. The land use will be
compatible. Mr. Miller asked about sand and gravel not being at the location but to the north of the site. Mr.
Harrison stated the belief is that a stream of gravel runs in that location.
Lisa Korollo, neighbor asked about a different site in Weld County and if that site is zoned industrial why
come and change one when there is another ready to go. Mr. Miller provided clarification with regard to the
change of zone but there is no final user.
The chair closed the public portion.
Alex Yerros,representative,stated that the fast track is for zoning not the final user. There is no determined
final user. Owens may not be the final user but the site can attract other users. The railroad creates buffer
between the homes and the site. The site is consistent with the existing uses to the south. If an industry
locates in the neighborhood it would be more beneficial to have the railroad option rather than the truck
traffic to the highways. The amount of industrial property in the county is limited. There is existing gas lines
and electricity. There is also easy access to Hwy 392 and to Hwy 34. This is a small increment compared
to the existing industrial employers in the area.
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John Folsom asked about possible sites in MUD District. Mr. Yarrow is not aware of the site but would be
willing to explore the site. Mr. Folsom explained MUD District and its purpose for things of this nature.
Ron Klaphake, added that the applicant did look at the area in the MUD and those sites did not fit the
parameter with regard to distance.
Peter Schei would like to add revisions to 2D and 2E 8 & 9. These are minor changes in the language.
John Folsom asked about addressing the future needs of the roads in the county. If developed will not mess
the grid system. Mr. Schei stated that the site is a blank piece of paper and by adding the language they
want to ensure the infrastructure with regard to change of zone. Mr. Folsom indicated all will be mute once
it gets annexed into Windsor.
James Rohn moved to amend the language proposed by Mr. Schei, Public Works, 2D and 2E 8 & 9.
Stephen Mokray seconded. Motion carried.
Bryant Gimlin moved that Case CZ-1040,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. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes. Motion
carried unanimously.
CASE NUMBER: USR-1427
APPLICANT: Manuel &Anita Sanchez
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part N2 NE4 Section 32, T5N, R65W 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, provided that the
property is not a lot in an approved or recorded subdivision plat or lots part
of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 52 and west of and adjacent to CR 41.
Kim Ogle, Department of Planning Services presented Case USR-1427,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.
James Rohn asked the prior use of the property. Mr. Ogle stated that in 1983 Burbachs were approved for
USR-583 for a liquid fertilizer and storage facility. The understanding was this was not completed. Mr.Rohn
asked if they are in violation for the pallet process. Mr.Ogle stated that this is in the agricultural zone district
and this type of activity requires a USR permit. Instead of doing the violation the applicant was asked to
come in and submit a new USR. Mr. Rohn asked how the applicant can continue to make pallet while in the
process for the USR. Mr. Ogle stated that they were already in business and if it was a violation hearing he
would be able to continue with the type of activity. Staff is attempting to meet the applicant half way. Staff
is recommending limiting the hours of operation as submitted in the application material. Mr. Rohn asked
about the application questionnaire and if they could expand on some of the answers.
Bryant Gimlin asked about the language in the request description with regard to the lot not being in a
recorded subdivision. Mr. Ogle stated it was the catch all phrase that is put into all applications with
commercial and industrial type uses.
John Folsom asked about the development plan hours of operation. Mr. Ogle stated that the information
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in the application that was submitted to emergency responders indicated the hours of operation are six days
a week, Monday through Saturday 7:00am to 5:00pm
Kim Ogle recommended to the Planning Commission to limit the hours of operation to 7:00am to 5:00pm
until the Board of County Commissioners date to provide relief to the adjacent and surrounding property
owners.
Michael Miller asked about not asking for an upgraded to the septic system because family members were
the only employees. There was a letter indicating otherwise. The concern is that Planning Commission is
being asked to approve this application with only family members on site. When the family members leave
then the cannot be replaced with employees and how can this be enforced. Mr. Ogle stated the issues was
with a commercial well permit. Staff is willing to request if it will be limited to family members only. Mr. Ogle
is confident that if anything deters from the conditions and standards the adjacent property owners will notify
the county. There are presently four living in the home.
Rito G allardo, representative, provided clarification with regard t o the permit. M r. Miller a sked i f the
applicant is willing to adhere to not hiring outside employees. Mr.Sanchez indicated that would be fine and
that there was never 18 people on site working as stated in the Roth letter.
James Rohn asked for more information from application questionnaire#2 and#3. Mr. Ogle stated that it
applies to the Comprehensive Plan, through the USR process a commercial type activity can be in the
agricultural zone district. This applies to both #2 & #3. There are applications consistently that are not
normally associated with agricultural zoning but still obtain approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Judy Burbach,mineral rights owner,stated they built the home and shed and in 1983 ran ValleyAg Fertilizer
and Chemical Company from 1983 to 1997. The fire from the picture refers to a barbeque. The pictures
brought by Roth are out of context. There has always been business there and should be no reason not to
continue.
Jennifer Roth, neighbor, indicated her concern for safety. T heir house i s closer t o the site than the
applicants. There have been times when multiple people were working as late as 11 pm. The fire was a
generator that caught of fire. This a very large manufacturing business. Ms. Roth is worried what it will look
like with a permit. Ms. Roth covered most of her concerns in the letter. There was no concerns when the
previous business, prior to 2000,was operating. The pallet business is far to large. Mr. Miller recommend
that Ms. Roth get a copy of the standards and developments for future reference.
James Rohn asked Ms.Roth about the fire. Ms.Roth stated that the generator fire was the only one she was
aware of.
John Folsom asked about the 18 people and if this was a constant or is it just the four family members that
are being represented. Ms. Roth stated it was typically four on regular basis.
The chair closed the public portion.
Bryant Gimlin asked about a landscape plan being required and if there could not be some type of buffer
between the Roths. Mr. Ogle stated that Development Standard #23 addresses this. Mr. Gimlin wants to
know if this needs to be more specific. Mr. Ogle stated that they could submit a berm plan and fence on top
of the berm. Mr. Gimlin stated that the landscaping plan should address screening between the two
properties. M r. Miller a dded t hat materials could not b e s tacked higher than 2 0 feet according t o a
development standard. Mr. Ogle stated that the fire district has required this. Staff wanted to be more
specific comparable to the materials. The material should not be stacked any higher than what the screen
to provide mitigation to the surrounding property owners. Mr. Miller stated that there are conflicting
statements. Mr. Ogle recommended deleting#20. Mr. Miller clarified that the applicant will submit a plan
for screening on the property line and whatever is placed there the materials on site cannot be stacked
higher.
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James Rohn asked about the fire issue. Mr. Ogle stated that the fire district was delivered an application
and spoken to. A site visit was made and the fire marshal spoke with Mr. Sanchez. Central Weld County
Water District does not have a water line within several miles of the facility. Normally a hydrant would be
requested. The Fire District will make annual inspections to the site and surrounding area. Mr. Rohn
indicated his concern that there was a possible burning of waste materials. How is the county going to
enforce this. Mr. Ogle stated that development standard #9 addresses this. The surrounding property
owners will be in assistance of this.
Michael Miller asked about development standard#3 and it being only family members employed there. Is
the intent to document who will be employed that at this time in case there is an issue later on. Mr. Miller
asked if this should be amended for documentation purposes for verification. Mr. Ogle indicated it could.
The four members of the family are:Artenio Gomez, Mrs.Anita Sanchez, Mr. Manuel Sanchez and Morello
Navarro.
James Rohn asked how many pallets per month produced. Mr.Sanchez indicated it was about 400 per week
on average then repairs 400. Mr.Rohn asked if there were ever rush jobs. Mr.Sanchez indicated that there
were none.
Don Carroll, Public Works, indicated that there needs to be an amendment to 1 B 12. County Road 41 is
a gravel road.
James Rohn moved to strike development Standard #20 and amend 1 B 12 to indicated gravel road.
Stephen Mokray seconded. Motion carried.
Stephen Mokray moved that Case USR-1427, 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. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, no . Motion
carried.
James Rohn voted no citing Section 23-2-220.A.7. Mr.Rohn does not believe that it meets the health,safety
and welfare of the inhabitants.
Meeting adjourned at 3:30
Respectfully submitted
Voneen Macklin
Secretary
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