HomeMy WebLinkAbout20012575 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 21, 2001
A regular meeting of the Weld County Planning Commission was held Tuesday,August 21,2001, 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
John Folsom
Stephan Mokray
Cathy Clamp
Luis Llerena
Also, Present: Monica Daniels-Mika, Director, Julie Chester, Planner, Sheri Lockman, Planner, Robert
Anderson, Planner, Department of Planning Services; Cindy Etcheverry, Trevor Jiricek, Char Davis, Pam
Smith, 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 August 7,2001,
was approved as read.
Case Number: Z-543
Applicant: Daryll and Carol Propp, Propp Realty, Inc. (Long's Peak Estates)
Planner: Julie Chester
Address: 1200 West Colfax Avenue, Suite B-130, Lakewood, CO 80215
Request: Change of Zone from Agricultural to PUD for seven (7) lots with
Estate uses, with common open space. Lot sizes from 2.87 t 4.28
acres.
Legal Description: Part of the NW4 and part of the NE4 of Section 9,Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 12, between WCR's 5 and 7
Julie Chester, Department of Planning Services, requested that Case Z-543, be continued to
September 4, 2001. The request for continuance us due to the public notice not being published
in the County newspaper.
Cristie Nicklas moved that Case Z-543 be continued to September 4, 2001 hearing date. Stephan
Mokray seconded the motion. Motion carried unanimously.
Case Number: USR-1302
Applicant: L. Blake Nelson
Address: 12071 WCR 15, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a
Commercial Roping Arena in the A (Agricultural) Zone District
Legal Description: Pt. E2 of Sec. 6, T2N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to Weld County Road 26 & west of Weld County
Road 15
John Folsom excused himself from this case.
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Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 2
Sheri Lockman, Department of Planning Services presented Case USR 1302, 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.
Leo Blake Nelson, stated he believed he was grand fathered in and was not aware of the fact that he needed
to complete this procedure. The only issue Mr. Nelson is concerned with is the 11:00 p.m. time limit due to
the difficulty of knowing how many participants will be there. There are very few instances in which the
ropings go until two o'clock in the morning but a midnight time frame would be more acceptable. This would
cover 95%of the ropings throughout the summer.
Bryant Gimlin asked about the access problems.Mr.Nelson stated they were using the Firestone access and
since that time he has obtained a permanent agreement with Firestone. There is a 30-foot wide access that
has been granted to his father from the city of Firestone.
Cathy Clamp asked about the water rights that would enable the applicant to set up facilities for sanitary
purposes. Mr. Nelson stated his father has a permit for the Central Weld Water and another water tap in
which he has agreed to give to his father.
Michael Miller asked Char Davis about the water tap and the access of water being in place and acceptable
to the Department of Public Health. Char Davis responded that she needed to get more information and
would agree if they had all the appropriate documentation. Mr. Miller would like the additional information be
provided to Department of Planning Services.
Cathy Clamp asked if the applicant was going to increase the amount of ropings. Mr. Nelson stated he was
not planning on increasing the frequency of the ropings.
Fred Walker asked for clarification in regards to location of the arena. Mr. Walker wanted to know how far
the arena was from residential development. Mr. Nelson responded that it was approximately a 1/4 of a mile
or more.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Theodore Loman, stated his concerned about the traffic flow on WCR 26.
Fred Walker asked for clarification on the traffic from the turkey farm. Mr. Loman stated that it comes down
WCR 24.
Cristie Nicklaus asked Don Carroll,Public Works,about the paved road situation. Mr.Carroll stated that there
is a proposal for a mining operation on WCR 26 from Mr.Loman. Mr.Carroll stated that there would be some
paved roads on WCR 26 due to this development back to WCR 13. This will alleviate some of the dust on
WCR 26.
Michael Miller asked for clarification on the access from Sheri Lockman. Mrs. Lockman responded that the
applicants do own property adjacent to WCR 26 but the large ditch has no bridge. The cost would be
excessive to build the bridge therefor the applicants went to the City of Firestone to gain access across the
trail.
Cristie Nicklas spoke in favor of the midnight time frame.
Fred Walker agrees with the moving of the hours to midnight.
Cristie Nicklas moved that they amend Development Standards # 21 on page six to reflect a change to
midnight for the hours of operation. Bryant Gimlin seconded the motion. The motion carried unanimously.
Cristie Nicklas moved that Case USR-1302, as amended, 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.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp, yes;Cristie Nicklas,yes;Fred Walker,yes;
Louis Llerena, yes. Motion carried unanimously.
Case number: 3rdAmUSR-248
Planner: Julie A. Chester
Applicant: Varra Companies
12910 Weld County Road 13
Longmont, CO 80504
Joby Adams, Colorado Groundwater Resources Services
P.O. Box 1489
Ft. Collins, CO 80524
Request: A Site Specific Development Plan and a Special Review Permit for a Solid
Waste Disposal Facility and Certificate of Designation (Coal Ash Burial
Project) in the A (Agricultural) Zone District
Legal Description: Part of the NW4 of Section 31,Township 3 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: Approximately 1/4 mile east of Weld County Road 13, one mile north of
Weld County Road 26
Michael Miller stated that he would normally excuse himself from cases with Varra, but due to the
experimental nature of the project he did not feel there was a conflict of interest.
Julie Chester,Department of Planning Services presented Case 3r°AmUSR-248,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 location of the trench and location of the monitoring wells. Julie Chester stated
that the location of the monitoring wells in relation to the trench will be in all directions.
Joby Adams, gave an brief summary of the use of Coal Ash and the purpose of it. This is designated as a
pilot project. This pilot project will be used for research purposes in order to determine the viability of the use
of coal ash as fill material in gravel quarries. The earlier testing results showed the need for larger scale
testing to be done.
Michael Miller asked about the test and whether it involved putting the fly ash into solution or simulate the
leaching that was going to take place. Mr.Adams then described the process and what would leach from the
coal ash and whether it would be detrimental to the environment. The results from the test showed that there
was nothing as far as human health hazards leaching from the experiment. Mr. Adams has tested with
numerical and analytical models to simulate the water flows before and after the ash. Mr. Miller expressed
concerns mentioned in the packet in regards to interrupting the natural flow of water through this area. Mr.
Adams stated that the use of the simulated models addresses those concerns with no downstream effects.
John Folsom,asked whether this process has been used elsewhere. Mr.Adams responded that no there has
not been anything of the nature, especially from start to finish. This project is so innovative that the Varra
Companies have received grants from the Department of Energy to continue the research. Mr.Folsom asked
what would be the source of the coal ash. Mr.Adams stated it will come from Public Service and one of the
conditions addressed the quality of the coal.
Stephan Mokray,asked what the emphasis was for starting this project. Mr.Adams explained that Varra was
the one to look at the project with the emphasis being on the reclamation of an 11 acre gravel quarry.
Stephan Mokray had more concerns with the water issues and the storage of it. Mr. Adams explained that
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 4
the backfill of the quarry will actually save water.
Bryant Gimlin asked if the trench will get bigger. Mr Adams stated that if the project was favorable then the
Varra Companies might pursue a larger reclamation at a future date. Mr. Gimlin also asked about the flood
waters and how that was to be mitigated. Mr.Adams stated that there would have to be erosional processes
and the monitoring wells will measure the adverse effects to water quality.
Stephan Mokray, asked about the precautions if groundwater is being contaminated. Mr.Adams stated that
there would be a monitoring schedule and if any standard is exceeded at the 50'point of compliance they will
stop the project and the ash will be removed. Mr. Mokray also asked if the ash would be removed after the
testing is done. Mr. Adams stated that if the ash was of no harm it could be left in place for continued
monitoring for long term research.
Michael Miller, asked the Health Department about the harmful levels and what they are going to do if the
levels continue to climb. How are they going to handle it?. Cindy Etcheverry responded that the applicant
must provide notification of exceeding levels with the understanding that it would be removed at that time.
Stephan Mokray asked about the composition of the coal ash and what are the guarantees. Mr.Adams stated
that there will be periodic sampling of the coal itself along with past data from Excel Energy,the coal supplier.
The quality control is part of the overall project.
Michael Miller asked about what specific types of ash the project is going to receive. Mr.Adams stated that
the primary volume will come from Class C ash and an FTD ash. Mr. Miller asked for clarification for a need
for this type of disposal of the ash. Mr.Adams stated that 70% of all fly ash is disposed of at landfills. The
cost and air regulations warranted the need for other avenues of disposal.
Cathy Clamp asked about the sulfides that are high in that region. Would an increase of sulfide effect
leaching and increase above the standard levels? Mr.Adams stated that in the testing,the levels were in fact
lower than the original water samples. Mrs. Clamp asked how deep the monitoring testing wells were going
to go. Mr. Adams stated that pure shale underlies the site and one to two of the monitoring wells will go to
bedrock, but the shale is considered impermeable. Mrs. Clamp asked about surrounding wells. Mr.Adams
stated that prior to installation of the ash they will do a field verification to see if there are any undocumented
wells. Mrs. Clamp asked about the removal time frame if there were adverse results. Mr.Adams stated that
if there were an exceedance the monitoring will go to a weekly time frame for confirmation. If there is and
exceedance the ash will be removed within one to two days and it will be disposed of at a landfill.
Louis LLerena asked about transfer of material to site. Mr.Adams said about 18 trucks that are covered-end
dumps and water trucks will be on site. The time frame for the delivery will be for one to three days total.
Mr.Adams also stated that the ash will be wetted to help reduce dust as well as a water truck on site to assist.
Brad Janes, Forester with Varra Companies, gave a brief background of the project and the concern about
the reclamation. Mr.James stated that there is a need for another avenue for disposal of fly ash. Mr.Janes
stated that this project is working out much of the hurdles even at the State level. This is a project that is very
early in the process. Mr. Janes stated that CSU and a Federal Grant are both heavily involved in this. Mr.
Janes would like this to remain a scientific venture and this pilot project allows for a "test" in real world
conditions. This pilot project is just the beginning and each step has to promote the next level.
Julie Chester,clarified that the reclamation plan was for six ponds the surrounding area will be re-vegetated
with native and introduced grasses.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Theodore Loman has concern about the dust in regards to the ash and the truck traffic on WCR 26.
Michael Miller stated that the dust will be saturated and there will be only 18 trucks.
Harold Nelson, stated that his concerns are the location of the project and the groundwater.
Leo Nelson, stated that his concern is about the safety aspect and the environmental concerns of removing
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 5
the ash if groundwater is contaminated before it leaches into the surrounding area water.
Mike closed public portion of this hearing
Michael Miller asked about the depth of the trench. Mr.Adams replied that the trench will be 10 feet deep and
7 feet of the ash will be within the ground water and what the changes in the leaching table would be in
accordance to the periodic change in the water table.
JobyAdams express a proposed change with Development Standards #7,he would like ash to be stockpiled
no more than three days. The other issue of concern was to submit and amended a traffic plan. The item
number is 3H.
Don Carroll, responded to the traffic issues for this particular permit. The fact is that there will be only 18
trucks within a possible 6 day time frame. If the project does come back for a future land fill permit an updated
traffic study will be required.
Michael Miller, asked for clarification in regards to having to come back for an amended permit should the
decision be made to continue this to a larger scale project. Lee Morrison stated that they would need to come
back to do another process should that be determined.
Cathy Clamp asked it they were going to be monitoring the lakes to the south. Mr. Adams stated that the
monitoring wells will be upstream and they will continue to take pond water samples. Mrs.Clamp asked about
the length of this pilot project and when will a determination occur for possible larger scale. Mr.Adams stated
it will be a minimum of one year.
Michael Miller asked about the financing and the posting of a bond. Julie Chester responded that the
requirement came directly from the State Health Department.
Roger Doak, State Health Department, responded that the financial document had not been received so the
amount was not known at that time.That bond is a condition of approval and the State Health Department will
determine the amount of the bond. The purpose for the bond is to ensure if the applicant were to walk away
the State could hire contractors to either continue monitoring or remove the material.
Cristie Nicklas asked about the Development Standard #7 in regards to changing it to 72 hours. Ash should
not be stockpiled longer than 72 hours and if so it needs to be covered by plastic.
Proposed Language: Ash should not be stockpiled longer than 72 hours after receipt to the site. Any
stockpiled ash shall be underlaid and covered with plastic.
Michael Miller asked what they would do to re-mediate what has already leached into the groundwater had
the monitoring detected detrimental results. Mr. Adams stated that removal would be immediate and they
would continue to monitor. If the condition did not improve dramatically then another corrective plan would
be implemented to correct the situation.
Cristie Nicklas motioned to delete Conditions of Approval#3H and subsequent renumbering and replace the
language in Development Standard#7 with the proposed language from Roger Doaks, State Department of
Health. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker,yes;
Louis Llerena, yes. Motion carried unanimously.
Bryant Gimlin moved that Case 3r°Am USR-248,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; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Cristie
Nicklas,yes ; Fred Walker,yes; Louis Llerena, yes. Motion carried unanimously.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 6
Case: Transportation Road Impact Fee
Planner Monica Daniels- Mika
Monica Daniels-Mika, Director of Planning Services presented a brief overview of the proposed project. This
is a project that makes a modification to the Southwest Weld Transportation Impact Fee Ordinance. The
original intent was that all of communities in Southwest Weld would join and become part of the defined area
which did not occur. The modification affects the geographical boundaries and a reduction in the
corresponding fees. The study done by Duncan and Associates came up with the overall reduction fee of
28%. This reduction will include all the fees in the study area. The Department of Planning Services is
recommending approval of the modification.
Michael Miller asked for clarification in regard to the projected impact. Mrs. Mika responded that there was
a change in the assumptions previously made. Mrs. Mika provided further clarification on the road
improvements in regards to the amount of roads that will be effected. The study reduction area included
several non-paving projects. By reducing the larger capitol improvements allows the capitol improvements
cost to go down substantially. Erie and Firestone have their own Transportation Fee Ordinance. The land
use process still requires developers to pay for the road improvements to get people to and from the project.
Money in this fund goes to future capacity improvement projects. The future needs are being addressed at
an accelerated rate. Mr.Miller wanted to know about the comparisons with other communities and how Weld
County did. Mrs.Mika responded that the original fee proposal for Weld Country is very consistent with other
communities.
Luis Llerena,asked about the original proposed ordinance and the issues of growth. The original ordinance
addresses the issue of growth. Mrs. Mika responded that once new parameters are established the original
assumptions based on all the communities participating should be readdressed. Mrs. Mika stated that it is
our responsibility to go back and readdress those calculations with a reduction in the roadways. Mr. Llerena
asked about the cities that chose not to participate and what impact their parameters growth areas will have
on the county. Mrs. Mika responded that all growth in the area affects the roadways.
Michael Miller asked about the model used being too conservative, and are we underestimating the needs for the
future. Mrs. Mika responded that there are a large amount of State and Federal Highways that are used for vehicle
miles traveled alleviating future capacity on the country system. Dacono and Firestone has a different way of
participating in the project. The proposal on the table for expenditure fund is about 2.4 million dollars in Southwest
Weld Transportation Fee Impact Fund and the proposal is to expend 1.5 million dollars in this region. The moneys
can only be applied in the specific area if they are incurred in the area.
John Folsom asked if there were any roadway projects that would specifically benefit a city. Mrs.Mika responded that
last week the committee met to make a recommendation to the Board. The recommendation is for funding of all those
six projects. All the projects that are recommended for funding will benefit the entire transportation network.
Cathy Clamp asked if the model took into account the large number of residential growth in regard to the amount of
improvements that the county roads now will need due to the new residential neighborhoods. Mrs. Mika stated that
the premise for the study was done in order to determine the future needs in correspondence with growth. This will
not fix the problem but for the time being it is needed to accommodate the growth.
Fred Walker asked if there was any study or information that compares the impact that the municipalities have on the
county road verses the county residence impacting municipalities roadways. Mr.Walker stated that the municipalities
need to get on board and be responsible for the impacts.
Luis Llerena, stated he was impressed with the initial intent of the plan. Mr. Llerena was concerned with the
municipalities not wanting to get involved initially, and they will get what they want out of it in the end.
Michael Miller stated he would be in favor of spitting the motion and in favor of the area reduction but against reducing
the fees.
Cathy Clamp,stated the she would like to see the fees stay where they are,for if nothing else but to deter developers
from saturating the area.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 7
Bryant Gimlin, stated he has a hard time with the reduction aspect of the fees. Mr. Gimlin stated he agrees that the
motion made into two parts but will not support the decrease.
Bryant Gimlin moved that the Planning Commission recommend denial of the 28%reduction on the road impact fees.
Cristie Nicklas 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; Cathy Clamp,yes; Cristie Nicklas,yes ; Fred Walker,
no, with comment.; Luis Llerena, yes. Motion carried
Fred Walkers additional comments were that all municipalities should be a part of this.
John Folsom moved that the Planning Commission approve the reduction of the service area as proposed. Cristie
Nicklas has seconded the
John Folsom moved for the approval of the reduction of the service area requested, be forwarded to the Board of
County Commissioners 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; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin,yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred
Walker, yes; Luis Llerena, yes. Motion carried unanimously.
Case #: USR-1352
Applicant: Terry Ranch Grazing Association/WorldCom
Address: do WorldCom, Beth Dierssen 2270 Lakeside Boulevard Richardson, TX 75082
Request: A Site Specific Development Plan and Use by Special Review for a Major Facility of a
Public Utility (Junction Facility Upgrade) in the A (Agricultural) Zone District.
Legal Part of the Southeast Quarter, Section 20, Township 12 North, Range 67 West
Description: of the 61° Prime Meridian, Weld County, Colorado
Location: East and Adjacent to Terry Ranch Road, West of 1-25, Approximately 1/2 mile South
of the Colorado Wyoming Border
Robert Anderson, Department of Planning Services presented Case USR-1352, 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. Mr.
Anderson stated that the Planning Commission has final approval on the project.
Cristie Nicklas asked about the possibility for emergency services coming from Cheyenne, Wyoming.
Elizabeth Diersson,WorldComm,gave a brief of the project and addressed the fire protection issues. Ms.
Diersson did check with Nunn Fire Department and stated that the internal workings of the building will
maintain in the event of a fire.
Michael Miller asked if people visited the site periodically or is there any full time employees. Tina Weber,
engineer for WorldComm, stated that the site is manned 10 hr a day 5 days a week it is unmanned on the
weekends. Mr. Miller asked about provisions for emergencies. Ms. Weber stated that Cheyenne would
be the one responding.
Fred Walker asked about clarification on the site. Ms. Diersson explained that they were adding internal
equipment to route phone calls. There will be a new building built to house the additional equipment for
long distance.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 8
Cristie Nicklas stated that this will not affect any surrounding areas or have any impact.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Cristie Nicklas recommended final approval for Case USR 1352 with the Conditions of Approval and the
Development Standards. 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; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie
Nicklas, yes ; Fred Walker, yes; Luis Llerena, yes. Motion carried unanimously.
Meeting adjourned at 4:00pm.
Respectfully submitted
Voneen Macklin
Secretary
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