HomeMy WebLinkAbout20012424.tiff Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
A regular meeting of the Weld County Planning Commission was held Tuesday,August 7,2001, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley, Colorado. The meeting
was called to order by Vice-Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Cristie Nickles Absent
Fred Walker Present
John Folsom Present
Michael Miller Present -
Stephan Mokray Present
Bryant Gimlin Present
Cathy Clamp Present
Also Present: Monica Daniels-Mika, Director, Julie Chester, Planner, Sheri Lockman, Planner, Robert
Anderson, Planner, Chris Gathman, Planner, Department of Planning Services; Trevor Jiricek, Char Davis,
Department of Public Health; Don Carroll, Public Works; Lee Morrison, Assistant County Attorney; Wendi
Inloes, Voneen Macklin, Recording Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on July 17, 2001,
was approved as read.
New Business: Election of new Chair and Vice-Chair.
Michael Miller was nominated and unanimously voted as Chair and Bryant Gimlin was nominated and
unanimously voted in as Vice-Chair.
CASE NUMBER: SCH-20
PLANNER: Monica Daniels-Mika
APPLICANT: Jim Fell /Beebe Draw Farms
LEGAL DESCRIPTION: Sections 3,4,5,8,9,10,15,16 and 17, T3N, R65W
LOCATION:Approximately 6 miles east from the Town of Platteville;east of WCR 39;and south of WCR 38.
For a more precise location, see legal.
REQUEST: Substantial Change Hearing to a previously denied 2n° Filing PUD Final Plat for 536 lots.
Monica Mika, Department of Planning, requested that Case SCH-20, be continued to the October 2, 2001,
hearing date, per the request of the applicant.
David Klinger, representative for the applicant, stated that they were just retained by the applicant to restudy
the subdivision, and would like some more time to do so.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
No one wished to speak.
Stephan Mokray moved that Case SCH-20, be continued to the October 2,2001, hearing date. John Folsom
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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes; Michael Miller,
yes. Motion carried unanimously.
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2001-2424
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 2
CASE NUMBER: USR-1337
APPLICANT: Lost Creek Land and Cattle Co./Tower Corn
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Section 32, T3N, R62W of the 6th P.M., Weld County, Colorado.
REQUEST:A Site Specific Development Plan and a Special Review Permit for a Communication Tower in
the A(Agricultural)Zone District..
LOCATION: North of Interstate 76 and east of WCR 386.
Sheri Lockman,Department of Planning Services,requested that Case USR-1337,be continued indefinitely
per the applicants request.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
No one wished to speak.
Stephan Mokray moved that Case USR-1337,be continued indefinitely. Cathy Clamp 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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1302
APPLICANT: L. Blake Nelson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION:Part of the E2 of Section 6,Township 2 North, Range 67 West of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Commercial Recreational
Facility (Roping Arena) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to WCR 26 and west of WCR 15.
Sheri Lockman, Department of Planning Services, requested that Case USR-1302, be continued to the
August 21,2001, hearing date as the notification was not published and surrounding property owners were
not notified.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
No one wished to speak.
John Folsom moved that Case USR-1302, be continued to the August 21, 2001, hearing date. Stephan
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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1344
APPLICANT: Miller Motor Sports, LLC
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Part of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for an expansion to an existing
Recreational Facility(Race Track), in the Agricultural Zone District .
LOCATION:West of and adjacent to 1-25 Frontage Road; north of and adjacent to WCR 34.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 3
Monica Mika,Department of Planning Services,per the request of the applicant on August 6,2001,requested
that Case USR-1344, be continued to the October 16, 2001 hearing date. Ms. Mika added that the
Department of Planning is ready to go forward with the case today if the Commission choose to do so.
David Lamb,applicant stated that they are requesting the continuance to address Planning Staff comments,
and to wait and see how the annexation process proceeds with the Town of Mead.
Michael Miller asked what the annexation status was at this point. Mr. Lamb explained that they still need to
meet with the trustees before going to a vote.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance.
Jim Graziano,asked for clarification on the annexation with Mead and if it was going to a vote and when,and
would like to see a further continuance beyond the date of the annexation vote.
Kent Harris,asked to be provided comments regarding the continuance from Planning staff. Monica Mika said
that the case would be available to look at along with and referral comments anytime after the hearing.
David Lamb added that they would like more time to address comments,and that the Mead vote he believes
is October 2nd, and will have more information after this time.
Cathy Clamp asked if Mead does annex,would the case go away. Monica Mika said that Weld County would
no longer have jurisdiction over the case, but with the Intergovernmental Agreement in place, Weld County
would still be able to comment through the referral process.
Michael Miller asked when Mr. Lamb received staff comments. Mr. Lamb said he could not read the date of
the fax, but believes it was about a week ago.
Fred Walker suggested continuing the case even further until the applicant decides where they are going.
Lee Morrison,Assistant County Attorney, asked Mr. Lamb about the October 2nd vote. David Lamb said that
this is a special election of the Town of Mead. Mr. Morrison just wanted to make sure there was enough time
in between the vote and the hearing. Mr. Lamb added that he believed the trustee vote is August 13.
Stephan Mokray moved that Case USR-1344, be continued to the October 16, 2001, hearing date. Cathy
Clamp seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,no; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried.
Monica Mika addressed the concern of surrounding property owner notification,and the confusion is that the
site is comprised of two parcels.
CASE NUMBER: USR-1345
APPLICANT: Kaye Montera &Seth Ward
PLANNER: Sheri Lockman
LEGAL DESCRIPTION:Pt. NW4 and N2 SW4 Sect.3,T6N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST:A Site Specific Development Plan and a Special Review Permit for one single-family dwelling unit
per lot other than those permitted under section 23-3-20.A of the Weld County Code in the A(Agricultural)
Zone District.
LOCATION: East of and adjacent to WCR 19, 1/4 mile south of WCR 74.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 4
Sheri Lockman,Department of Planning Services presented Case USR-1345,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 if there is an existing house on the property and if they are also asking to build a second
house plus a cabana. Sheri Lockman explained that there is currently a new home being built,and that the
cabana will be the second home.
Michael Miller said he was on the site and it appeared the cabana is already being built. Ms. Lockman
explained that it is being built as they had asked for early release of building permits,and when an applicant
requests this, they are told they are building at their own risk.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Cathy Clamp asked how much use of this cabana house is anticipated. Bob Michels, representative of the
applicant,explained that the anticipated use will be used in the summer months to have a covered area for
family guest and visitors, on holidays, and special occasions, and is not anticipated to be a daily or even
weekly use.
John Folsom asked Char Davis of Environmental Health about the capacity of the septic system. Ms.Davis
said the septic permit is adequate for both the house and cabana.
Stephan Mokray moved that Case USR-1345,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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1348
APPLICANT: Rhonda &Chuck Abfalter
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of NE4, Sec. 16,Ti N, R68W, (Lot 12)of the 6th P.M.,Weld County, Colorado.
REQUEST: Special Use Permit for a stable/indoor arena that exceeds the 4% lot coverage requirement for
accessory structures for a use allowed by right(Animal training and boarding facilities) in the A(Agricultural)
Zone District on lots in an approved and recorded subdivision or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions of less than 10 acres for the property described below.
LOCATION: Approximately 630 feet south of WCR 10, approximately 1,000 feet east of WCR 7.
Chris Gathman, Department of Planning Services, presented Case USR-1348, 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 letter from the applicant regarding the oil and gas setbacks, and if this is
sufficient or if they need something more from the oil company. Chris Gathman said that they will need
additional information.
Lee Morrison,Assistant County Attorney, said that we will need some type of agreement from the oil and gas
company, so that no issues come up after the structure is built.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 5
John Folsom asked if there are any requirements for hours of operation. Mr. Gathman explained that
boarding of horses is a use by right, and that the issue is the building is over on lot coverage, and that the
applicants will not be holding events.
Bryant Gimlin asked about the letter from the applicant stating he cannot stay more than 150 feet from the
well head and still meet setbacks. Mr. Gathman said by moving the building,they would be able to meet the
rear setbacks.
John Folsom asked about the row of trees in the County road right-of-way and the obstructing of the view on
WCR 10. Don Carroll, Public Works,said he did notice a hedge with branches in the way,and has asked that
these be trimmed to have enough room to access the property.
Rhonda Abfalter, applicant, asked about the height of the building, and if they would this still meet offsets.
Chris Gathman said that it would meet offsets. Mrs. Abfalter said when they had bought the lots, she
researched the well, and was told that the County had no regulations, and the Oil and Gas Commission told
her that they do not regulate her,just themselves. Mrs.Abfalter feels she has been caught in a loop,and now
that they have the opportunity to build the barn, its coming back again. Mrs.Abfalter is also concerned about
safety regarding the well, and has talked to HS Resources to put some type of fencing up.
Michael Miller asked if this lot is being treated separately when figuring the percentage of coverage. Chris
Gathman said that it is treated as an individual lot because the building is a use by right, and if the lot is sold
off at a later time it would be the only use on the property, and that the permit is specific to the lot.
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 said he had concerns on locating the barn next to the well and the safety issues.
Fred Walker suggested they ask for a letter from the oil company prior to the Board of County Commissioners
hearing.
Cathy Clamp asked if they moved the barn without violating setbacks, would they be admittable to this, or
would they rather pursue the 90 foot setback.
Chuck Abfalter, applicant, said they do not want to move the building too far if they do not have to, as there
is a gas line that runs through the middle of the property.
Lee Morrison said they could forward this to the Board with both options to keep the process moving,and still
have both options available.
Fred Walker moved to move Condition of Approval#3H (1)and (2), to become#2 A and B,and say: Prior to
the Board of County Commissioners hearing,and renumber. Stephan Mokray seconded the motion. Motion
carried unanimously.
Chris Gathman suggested the following language be added to Condition of Approval #2A: to address the
fencing around the well concerns:The agreement shall address protection of the wellhead from impacts from
vehicles associated with the proposed barn/arena.
Stephan Mokray moved to approve the addition to Condition of Approval#2A . Bryant Gimlin seconded the
motion. Motion carried unanimously.
The Chair asked the Mr. Abfalter if they were in agreement with the Amended Conditions of Approval and
Development Standards. Mr. Abfalter said they were in agreement.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 6
Bryant Gimlin moved that Case USR-1348, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan 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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes; Michael Miller,
yes. Motion carried unanimously.
CASE NUMBER: USR-1347
APPLICANT: Kurtz Ranch Sand &Gravel
PLANNER: Robert Anderson
LEGAL DESCRIPTION: West 1/2 of Sect.21 &SE4 of the SE4 of Sect. 20,T3N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and as Special Review Permit for an Open Pit Gravel Mining
Operation, Concrete and Asphalt Batch Plant, in the A(Agricultural)Zone District.
LOCATION: North &adjacent to State Hwy 66 approximately 0.6 miles west of WCR 19.
Robert Anderson,Department of Planning Services,presented Case USR-1347,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 if there was an agreement with the Town of Firestone to relocate their trail. Robert
Anderson said in the application materials there is an agreement to relocate this.
Scott Keen, representative for the applicant,stated that they are in agreement with Conditions of Approval and
Development Standards, and will address any additional questions or concerns that may arise.
Michael Miller asked about the Division of Wildlife referral regarding setting aside a riparian area to keep it out
of the mining plan. Mr. Keen said the site is 301 acres,and there is 61 to 62 acres of wetlands that are spread
throughout the site,and that 42 acres will be disturbed,but 55 acres will be recreated. The end result will have
unlined ponds for the wildlife,so 196 acres will have five unlined ponds,and 75 acres of wetlands,and this plan
has been submitted to the Corps of Engineers. Mr. Miller asked how they intend to mitigate damages of the
wetlands,and would like to see some type of plan for this. Mr.Keen explained that the mining plan is approved
by the State Minerals and Geology, calls for mining to begin in the southern end of the site, with reclamation
occurring so that it does not interfere with the mining, and that no more than 20-25 acres will be disturbed
without beginning reclamation behind it.
Mr. Miller referred to the Division of Wildlife referral asking for no more than 35 acres be mined at one time,
and asked Robert Anderson if there was language for this. Mr.Anderson said there was not specific language,
and that there extraction plan indicates mining in phases, not disturbing more than 35 acres at a time as
submitted to the State. Mr. Miller asked to hear what the State permit application says.
Robert Anderson read the State application refers to mining 70 acres at a time, and not 35 acres. Michael
Miller said that this would mean that all of the 65 acres of wetlands would be effected at one time. Mr. Keen
said that this will not happen as the wetlands are disbursed throughout the property.
Cathy Clamp asked Lee Morrison about the Division of Wildlife referral requesting the 35 acres,and if the State
permit says 70 acres, can the Commission tighten this. Mr. Morrison said to do this they need to establish the
distinction between mining reclamation plan and land use authorities of the County. Mr. Morrison added that
you could if it fits within the rationality of the County.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 7
Stephan Mokray asked Don Carroll about Hwy 66 and how the additional traffic will be manageable. Mr.Carroll
referred to the memo from Drew Scheltinga and Diane Houghtaling,that the applicant must contact CDOT for
an access permit and requirements, as they have jurisdiction, but that the County staff will also have some
input.
Fred Walker said he is hesitant to restrict the amount of acreage to be mined at one time,and that other things
contribute to the viability of the wetlands such as climate, and it seems in the end there will be more wetlands.
Mike Miller said it is a matter of how severely effected the wildlife will be in the transition period from one
wetland to another, and if all wetlands are mined at once, it will have an effect.
Fred Walker agreed, but feels that by restricting the acreage is overreaching.
John Folsom asked about the haul route and berming. Mr. Keen said the access point is opposite of Varra
going on Hwy 66 to the Interstate. Mr. Keen said that the berming will be addressed in landscaping plan
requested by the Planning Department, and showed on the overhead the plan they are proposing.
Mr. Folsom then asked if they have met with the neighbors in the area to address their concerns. Mr. Keen
said they have met with some people, but more with people to the south of the Highway, but not with a group
specifically.
Michael Miller added that he had concerns with the sign posting, as it was not visible, and how many people
had not been aware of the proposal.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Louise Lefavor, along with a letter from co-owner Tracy Johnson, stated concerns with not being contacted,
and that ownership has not been changed to her name. Ms. Lefavor has two wells, a domestic and an
agricultural well.Ms.Lefavor said they will be affected by this proposal,as the water has already depleted 50%
from the Varra site. Any more tapping into the water they will not have any water. Ms. Lefavor has concerns
with the her medical conditions and the effect this will have on her with the increased traffic. Ms.Lefavor would
like to open a small organic business, along with a few small animals, and cannot do that due to the current
conditions with the water. Other concerns are dust,trespassing on her property, phone lines being disrupted,
and the speeding of the trucks and the amount of traffic.
Linda Peyett, had concerns with the amount of traffic on Hwy 66 with the changes over last 2-3 years.
Currently the Owens Brothers are in the process of permitting 300 truck trips per day on WCR 19 with some
going onto Hwy 66, Varra with an estimate of 200 truck trips per day, and another request for Platte Valley
Sand and Gravel with over 300 truck trips per day, and this permit with 500 truck trips per day onto Hwy 66,
putting around 1000 truck trips per day onto Hwy 66. Ms.Peyett asked when the traffic study was done for this
permit, and would like to see a more recent study for Hwy 66, including the intersections of Hwy 66 and Hwy
85,WCR 19 and WCR 13,and the intersection of I-25,as traffic as increased considerably and are dangerous.
Along with the traffic, she is concerned with domestic water wells and the aquifers in the area. Ms. Peyett
would like the Commission to look at the overall effect of the mining in the area. Air quality, flood plain, and
compatibility with agricultural are also becoming an issue. Ms. Peyett would like to see a hydrological study
done by Aggregate Industries.
Cynthia Parker, had concerns with the wetlands, flood plain and the natural beauty of the Kurtz ranch, and
would like to see the Division of Wildlife referral followed and the size of the operation be scaled back.
Bruce Wilson, feels the proposal is inconsistent with the Comprehensive Plan Section 22-2-130, regarding
compatibility with the surrounding entities. Mr. Wilson also has concerns with transportation and the
compatibility with Comprehensive Plan Section 22-3-70, and hopes that all the problems are not dumped on
CDOT to fix all the issues along Hwy66,and hopes it is coordinated through the Planning process. Mr.Wilson
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 8
added he did not feel there was adequate notification for the hearing to proceed today and that Aggregate
Industries have made no attempts to contact property owners as the Owen's Brothers did.
Don Jones, property manager for Kurtz farm, speaking for the owners, said they feel the application is
adequate and responsible and the reclamation plan they will be left with will enhance the neighborhood, and
would like to benefit from the minerals on the property.
Michael Miller asked if there are any provisions in the lease with Aggregate to have them leave them with a set
number of wetlands or preservation of trees or existing features. Mr.Jones said they are set up to have some
ponds that they feel will enhance the wildlife area.
Stephan Mokray asked what the plans are with the ponds once reclamation is completed. Mr.Jones said there
will ultimately will be trail, and recreational uses and will provide an augmentation for the ponds.
Fred Walker asked if he would considered using the ponds for augmentation water in the future with closed
ponds. Mr. Jones said they have considered this, but have no specific plans at this time. Mr.Walker said he
heard the applicant say the ponds will be unlined, and you cannot have an augmentation plan with unlined
ponds. Mr. Jones said they have also considered lined ponds as well.
Stephan Mokray asked if they have considered storage for Cities. Mr. Jones said he has not considered this.
Scott Keen addressed some of issues. The issue of ground water plan has been sent to State office and will
hopefully address protecting water quality. The Kurtz property is down gradient from most people and they
were asked by the State to look at wells within 600 feet,and cannot see properties beyond this being affected.
Mr. Keen said that Aggregate Industries are willing to work with property owners in the same manner as
Owen's Brothers. With regards to wetlands, they do have a plan submitted to the State, and the wetlands on
the north side of the property will not be effected,and the rest of the wetlands spread throughout the property.
Commercial and mineral deposits have been mapped for a long time,and areas along river is where the gravel
is for mining operations. Aggregate will be meeting with CDOT and will be meeting their conditions such as
accel/decel lanes. They are also willing to update traffic study as the last one done was in December of 2000,
as Public Works is asking for this also.
Mike Miller said he has a concern with all the dewatering,and would Aggregate Industries be willing to provide
hydrological study of the accumulative effect of all the pits in the area. Mr. Keen said it was indicated by Norm
Roche that they would do this.
Stephan Mokray asked about doing test wells. Mr. Keen said they were going to be doing this and will be
monitoring the wells, and will take care of anyone who's well is effected. Mr. Mokray suggested language be
added to address this issue.
Norm Roche,representative for Aggregate,addressed a concern from Cathy Clamp regarding dewatering and
wet vs. dry mining. Mr. Roche said it depends on the depth of the gravel, and the depth of the gravel is too
shallow to work wet. Mr. Roche said it is their responsibility to take care of wells based on their mining if they
are effecting them. Mr. Roche said that by the time they are ready to mine this site, it will be eight to twelve
years, and the other mines may be mined out.
Cathy Clamp asked about a school bus stop along Hwy 66. Scott Keen said he would guess that CDOT would
not take this into consideration when discussing accel/decel lanes.
Don Carroll added that CDOT is working with Public Works on intersection of 1-25 and the frontage road,and
with WCR 9.5 and Hwy 85 and are working with Platteville on the Columbine Parkway and the intersection of
WCR 32 doing some signalization.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 9
Robert Anderson added Condition of Approval O to say: The applicant shall provide a professional
hydrological study to address mitigation of negative effects to groundwater users of the area. Evidence of such
shall be submitted in writing to the Department of Plannning Services and Department of Public Health and
Environment.
Stephan Mokray moved to add Condition of Approval O as read into the record by Mr.Anderson. 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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes; Michael Miller,
yes. Motion carried unanimously.
Lee Morrison asked Robert Anderson what evidence he had on sign posting. Mr.Anderson had a picture and
that the sign was posted on July 26,2001. Michael Miller said he did find the sign in the ditch, and with traffic
on Hwy 66, it wouldn't have lasted long.
John Folsom had concerns with this case along with other cases, that there is not enough information being
provided to make decisions and a lot of information being left open for the Board of County Commissioners
to have the information, and feels it is premature to make a decision today.
The Chair asked Mr. Keen if they are in agreement with amendments to the Conditions of Approval and
Development Standards. Mr. Keen said they were in agreement.
Stephan Mokray moved that Case USR-1347,be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
Cathy Clamp commented that the applicants need spend some time with the neighbors regardless that the
project is years off. Ms. Clamp also has concerns with mitigating future effects of existing pits and make sure
they will keep in mind what will make a good life style for existing residents.
Fred Walker commented that he also feels the application was incomplete and would have like to have seen
more mitigation to the water issue.
Bryant Gimlin commented that they need to work with the neighbors and their concerns.
Michael Miller commented that he has known and worked with Aggregate Industries for a number of years,and
is disappointed with the application as it was poorly put together. The fact they did not meet with neighbors
disturbs him and the fact they do not know how long the accel/decel lanes are going to be and what impact this
will have on neighbors tells him they have not put a lot of time into the application. And the fact of how they
did not have a concrete phasing plan and how the wetlands coordinate the with mining tells him they are not
real familiar with the plan, and Mr. Miller hopes that they fix these things prior to the County Commissioner's
hearing. Mr.Miller hopes that the next time they bring another plan like this in front of this Board,that they have
all their ducks in a row,because the plan is inadequate,and hopes they are better prepared before the County
Commissioners.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray, yes; Cathy Clamp, yes; Fred Walker, no; Bryant Gimlin, yes; Michael Miller,
yes. Motion carried.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 10
CASE NUMBER: USR-1346
APPLICANT: Western Mobile, Inc.Nirginia Shaw: Property Owner
PLANNER: Julie Chester
LEGAL DESCRIPTION: Parts of Sections 20 and 29, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Open Pit Sand and Gravel
Mining Operation.
LOCATION: North and south of and adjacent to WCR 16 '/, east of and perpendicular to WCR 3 1/4.
John Folsom excused himself from this case.
Julie Chester,Department of Planning Services,presented Case USR-1346,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.
Bryant Gimlin asked whether this was a six month permit .
Julie Chester responded that this was a three year permit. To mine three different areas by 2004, but if
developed after they would need to go through a separate process.
Duane Bolick, Metro Division Manager for Western Mobile, stated that the current operations are on the
Nelson property and Cottonwood Project. There will be a total of 2.5 to 3 years of mining depending on
demand. This will be dry mining and it will be processed at the Cottonwood property and it will be conveyed
up to the property. The only truck hauling will come from the south parcel,and it will be trucked across WCR
16 '%to the conveyer location. The first 6-8 months will be the only time that trucking will be involved and
it is only going across WCR16 '/.
Mike Miller asked if they were planning on using highway trucks to get across or haul trucks. Duane Bolick
responded that they are planning on using 35 ton haul trucks.
Mike Miller asked Don Carroll how that works on the Weld County Roads.
Don Carroll,said that he has asked the applicant to supply them with a detailed drawing of the truck crossing,
distance from the intersection and what type of crossing will be used. All of this must be reviewed and
approved by Weld County Traffic Engineer and the Weld County Public Works Department prior to operation.
Mike Miller asked if they would be creating a new access point on both sides of the road.
Duane Bolick, stated the access point would be east of WCR 3 1/4. The Reclamation Plan will have an
unlined pit on the South tract and two lined pits on the west and north tract.
Stephen Mokray, asked why one is unlined.
Duane Bolick,stated the southern pit will be a recreational use and the land owner has an augmentation plan
for the pond.
Mike Miller,asked how they are going to treat the access from parcel into the pit. Duane responded they will
be finished mining on the Nelson property by the time the mining starts on that parcel.
Mike Hart, Hart Environmental, addressed the issue of the movement of the road with regards to mining
locations. There will be roads that are eliminated due to movement in the mining pit. Everything will go to
the North towards the Cottonwood Pit. They will put a paved section on WCR 16%at the point of crossing.
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 11
Mike Miller, stated that his biggest concern was with the intersection and the type of trucks that would be
used to haul the gravel and asked if there was ever a consideration to convey it across the road.
Mike Hart, stated that they had considered conveyers but because of the time and the small amount of
materials it was not practical. The material could last as short as three months.
Cathy Clamp,stated she has major concerns about deeds on the property. There are three separate deeds
that severs the land from the gravel. She asked if there are plans to obtain permission from the owners to
mine gravel. Gravel was specifically mentioned in the deeds.
Julie Chester requested that a recess be taken to discuss the details further. The meeting was reconveined
10 minutes later.
Mike Hart,stated that the title work was done on the property that said the property does in fact belong to the
Shaw family.
Mike Hart,stated there is adequate documentation that reattached the land with the mineral and gravel rights.
Mike Miller,asked if language could be prepared to create a development standard that would address this
issue before the case gets to the County Commissioners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Widerquist, in general he had no problem with project, but has two concerns that he wished to be
mitigated. One is about the water mitigation. Mr. Widerquist has a 26 acre lake and would like to see
something in the development agreement to deal with the level of the existing lake and maintenance of that
level. The other concern is about three agreements between the County and Western Mobile. One agreement
stated that Weld County will put base in and Western Mobile would pave the road from WCR 16 1/4 to WCR
52. The road had deteriorated due to increase in truck traffic in recent years. Mr.Widerquist would like to see
that there is an agreement put in the Development Standards that once the mining is finished the road be put
back to a the paved surface.
Ralph Nelson, reiterated the concern about the road condition and requested that it be put back to a useable
condition.
Jack Oberding, reiterated the road concerns.
Fred Walker, asked if Western Mobile was the only entity that caused the damage to the road?
Jack Oberling, stated that yes they were.
Dave Pause,spoke also about the traffic and how it had deteriorated the road and would like to see it returned
to original form.
Don Carroll, stated that he would schedule a meeting between the applicant and the County to address the
issues on WCR 3 1/4 and whether they will need to reconstruct and repave it. The original agreements state
that it is a shared responsibility for the maintenance between Weld County and Western Mobile.
Lee Morrison, suggested that we use a similar agreement that was used with the Nelson Permit but have a
separate agreement that will take into account the existing agreement but also add the needed road
improvements issue.
Julie Chester, stated that the Road Improvements Agreement can address a proportion of the road
maintenance that is Western Mobiles responsibility, but is not sure that a third party can be added due to the
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 12
fact that the Subdivision is completed. Ms. Chester requested Planning staff be included in the meeting.
Fred Walker,asked for clarification on the Road Improvements Agreement. Road Improvements Agreements
apply to road impacts that happen in the future. This case seems to address impacts from the past.
Julie Chester, provided some clarification on the issue of additional truck traffic and stated that there will be
no additional traffic on WCR 3 1/4 or 16 1/2.
Duane Bolick,provided some insight on the neighborhood meetings that were done and what was addressed.
They have discussed with the neighbors and with Don Carroll what will be done to mitigate and improve the
road once the mining process is finished. They will do what is necessary to bring the road up to a useable
condition.
Julie Chester read the proposed language for Condition of Approval #2B: The applicant shall submit to the
Weld County Department of Planning services documentation showing the reattachment of the mineral rights
to Mike and Virginia Shaw located in the south half of the SW4, NE4 of the SE4 the SW4 of the SE4 of Section
20, Township 2N R68 W S2 of the NE4 of Section 29.)
Cathy Clamp, stated that she would like to see the addition of the gravel rights be added to the conditions of
approval.
Duane Bolick stated that he would like to make a couple changes and clarification to the development
standards. Staff recommendation 2A which,discusses the agreement between Oil&Gas Mineral right owners.
They are requesting that this requirement be met prior to the Commissioners Hearing. The reason is that there
is good progress on the agreements, but is not yet completed.
Julie Chester, provided clarification as to why a condition is requested prior to the scheduling of Board of
County Commissioners Hearing. This enables less confusion, conflict with scheduling and continuances.
Duane Bolick,stated that the second item is Condition of Approval number 4A addressing the Individual Sewer
Disposal System be required for the facility. There will be no fixed offices,there will just be the mining activity.
Mr. Bolick also has a conflict with number 16, portable toilets in temporary locations and is asking that 4A be
stricken
Bryant Gimlin moved that changes be made to 2 to reflect 10 days prior to the Board of County Commissioners
Hearing and delete 4 both A and B. Stephen Mokray seconded the motion. Motion carried unanimously.
Bryant Gimlin moved that Case USR- 1346, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, excused; Stephan Mokray,yes; Cathy Clamp,yes; Fred Walker, yes; Bryant Gimlin, yes; Michael
Miller, yes. Motion carried
CASE NUMBER: USR-1349
APPLICANT: Robert& Diane Tateyama
PLANNER: Julie Chester
LEGAL DESCRIPTION: Pt. E2 of Sect. 16, T7N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a
fee or contract basis, including Livestock Confinement Operations (a dairy of 2675 head of cattle, with one
Summary of Weld County Planning Commission Meeting
Tuesday, August 7, 2001
Page 13
additional mobile home accessory to the farm) in the Agricultural Zone District.
LOCATION: South of& adjacent to State Hwy 14,west of& adjacent to WCR 43.
Julie Chester,Department of Planning Services,presented Case USR-1349,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.
Tom Haren,representative,have no formal presentation but will be available for questions.It was also stated
that this is an expansion to an existing dairy.
Bryant Gimlin asked what the water issues were and if they can work them out and asked about the well
water or other sources.
Tom Haren, stated that the water issue could be worked out and used the flood plain map to address some
of those water issues and flood elevations. Mr. Haren and the applicant are working with FEMA to address
some of the concerns in regards to flood elevation and are confident that flood waters will not flow through
the center of the project because of the berm. They will continue working with FEMA.
Mike Miller, questioned what has happened with past flooding.
Bob Tateyama addressed the flood issues and stated that it typically stays on the northeastern portion of the
farm.
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,requested something in writing from North Weld to address the water issues and would also like
to add a condition of approval 2012-to vacate the SUP and renumber the rest of the conditions. The applicant
shall submit a letter to the Department of Planning Services requesting vacation of SUP 302.
Bryant Gimlin moved that Case USR 1349, 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; Cathy Clamp,yes; Fred Walker,yes; Bryant Gimlin,yes;Michael Miller,
yes. Motion carried unanimously.
Meeting adjourned at 5:40 p.m.
Respectfully submitted
• t thuth
Voneen Macklin
Secretary
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