HomeMy WebLinkAbout20002029.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING (Corrected)
Tuesday, August 15, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday,August 15,2000, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting
was called to order by Chair, Cristie Nicklas, at 1:35 p.m.
ROLL CALL
Cristie Nicklas Present
Fred Walker Present
John Folsom Present
Jack Epple Absent
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Absent
Cathy Clamp Present
Also Present: Chris Gathman, Kim Ogle, Robert Anderson, Julie Chester, Sheri Lockman, Department of
Planning Services; Sheble McConnellogue, Pam Smith, Department of Public Health and Environment; Don
Carroll, Diane Houghtaling, Public Works; Lee Morrison,Assistant County Attorney; Bethany Salzman,Weld
County Code Compliance Officer; Dave Sprague, Building Official; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on August 1,2000,
was approved as read.
CASE NUMBER: Z-548
APPLICANT: California Home, Inc.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the NW4 of Section 35,Township 3 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD for a proposed 18-lot business park PUD.
LOCATION: South of and adjacent to WCR 28, East of and adjacent to 1-25 frontage road.
Chris Gathman, Planner, requested that Case Z-548 be continued to September 19,2000. Chris noted that
this continuance is to work on transportation issues with the future placement of WCR 9 '/:. The Planning
Commission members had some questions concerning if this was an applicant posed continuance or a county
continuance. Diane Houghtaling, Public Works, noted that they are waiting for information from the
application's engineers in order for Public Works to make the final decision on the road placement.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Fred Walker moved that Case Z-548 be continued to September 19, 2000. Stephen Mokray seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray, yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Z-535
APPLICANT: Bill Kirby
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 S2 SW4 of Section 8, and Part of the NW4 of Section 17, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone for Minor Subdivision to Estate Zone District.
LOCATION: East of and adjacent to WCR 15 and approximately 1 mile north of SH 392.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 2
Kim Ogle, Planner, stated that the Department of Planning Services is asking for an indefinite continuance
for Case Z-535 to work on ongoing issues. Kim stated that the applicant is agreeable with this continuance.
The Chair asked if there was anyone in the audience who wished to speak for or against this Continuation.
No one wished to speak.
Stephen Mokray moved that Case Z-535 be continued indefinitely. Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray, yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: USR-1275
APPLICANT: Ruben and Ruby Anchondo
PLANNER: Kim Ogle
LEGAL DESCRIPTION: S2 SE4 of Section 30, Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Permit and Special Review Permit for a business permitted as a
use by right in the Commercial Zone District (Vehicle Service and Repair Establishment) in
the Agricultural Zone District.
LOCATION: North of and adjacent to WCR 28 Section Line; west of and adjacent to WCR 39.
Kim Ogle, Planner, presented Case USR-1275 and read the recommendations into the record. Kim noted
that the site is currently in violation, Case Number VI-9800181. Kim noted that the application was applied
for on May 5,2000,but that the applicant will be going to court for the violation in September. Kim stated that
the proposed building will be 9800 square feet of enclosed space with an additional 600 square feet of office
space. Kim noted that the Department of Planning Services is recommending denial as the site does not have
sufficient water available at the site and that the well permit application states a request for 15 gallons per
minute,while the Fire Protection District is requiring 20 pounds per square inch for a duration of 2 hours. Kim
noted that the representative for the Fire District is available as well as the Building Official to answer
questions about the fire protection required for the building.
Michael Miller asked how the site is not compatible as there is a salvage yard near as well as Tire Mountain.
Kim noted that there is a residence to the south and west of this property. Cathy Clamp asked if there is a
possibility of placing an above ground water tank on the property to meet the fire suppression needs. Kim
noted that the representative from the Fire District or the Building Official would be better able to answer that
question.
Dave Sprague, Building Official, noted that the fire protection district would know more about the reservoir,
but that the building would be rated H-4 in the Uniform Building Code if over 3,000 square feet and that there
would be some leniency in the code if there were separation, concerning the use of other materials for fire
suppression. Dave noted that a water sprinkler system generally carries the weight of the fire suppression
with chemical suppression used in some areas.
Wes Scott, Platteville/Gilcrest Fire Protection District,stated that the proposed site is 12 miles from the facility
and 4 miles from water. Wes stated that above ground tanks would have to be very large and would probably
not meet the required needs. Cathy Clamp asked why the applicant needs 1,500 gallons per minute for 2
hours. Wes stated that is would take over 25 minutes for the fire trucks to reach the site in optimal conditions.
Mr. Scott stated the water pressure is needed to power the sprinklers and the hydrant, when the fire
department arrived with the pumper. Michael Miller asked if the well at 15 gallons per minute would be
enough to power the sprinklers. Wes noted that the applicant would also need chemical suppressants and
that the pumper would still need water once the truck arrived.
Robert Tibbals,Attorney for the applicant, stated that he had discussed fire suppression for the site and that
the applicant would like to identify risk areas and prepare fire protection for these areas, with a tank for the
rest of the building. Mr.Tibbals noted that a large tank is a prohibitive cost. Michael Miller noted that the site
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 3
has been in violation for approximately 2 years and that the case was continued for 6 weeks, yet there is
nothing concrete in the plans for fire protection, that the applicant is still very vague. Mr. Tibbals noted that
the applicant is taking a conservative stance financially and would pay for more concrete studies once the
application is approved. Michael Miller noted that, without a more concrete application, the Planning
Commission cannot be expected to make an accurate recommendation. John Folsom asked why the non-
commercial junkyard was not cleared up. Bethany Salzman, Code Compliance Officer, noted that she was
not with the department when the violation was started and does not have recent pictures of the site, but will
be out at the site soon to take pictures for the court case in September. Mr.Tibbals noted that some vehicles
have been removed, but that the larger mobile homes are still on site and that the applicant misunderstood
and believed he could use the mobile homes as a screen.
Discussion ensued concerning if the application should be for a vehicle repair shop or a salvage yard, as the
applicant would like to keep the cars and use them for spare parts. The Planning Commission members also
had some questions concerning when the site is used and if it will still be in violation if this application were
to be approved.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Melvin Camp, a landowner south of the site, noted that it is nearly impossible to get water in this area, even
for cattle. Mr. Camp wanted to know how the applicant is going to get water that is not available.
Lee Morrison noted that the same process would be followed for a non-commercial junkyard as is in process
at this hearing,that the Planning Commission just has to define the use. Kim Ogle noted that all the vehicles
would be inside the structure.
Cristie Nicklas asked Mr. Tibbals if he is agreement with the Conditions of Approval and Development
Standards. Mr. Tibbals noted that the applicant would like to keep some vehicles outside and screen them.
Cathy Clamp asked if the well has been drilled at the site. Mr. Tibbals noted that they have not applied for
the well yet, they would like to know what they would need to ask for before turning in the application.
Fred Walker noted that he believes that staff should be allowed to make the decision concerning the fire
protection district as they are able to deliberate on the referrals better than the Planning Commission. Michael
Miller asked if any of the missing paperwork the Department of Planning Services had asked for had been
turned in. Kim noted that some had been turned in, but they were still waiting on proof of adequate water
service provided for the site, adjacent property owner information with affidavit, as well as a check for the
Clerk to the Board for$20. Mr. Tibbals noted that the adjacent property owners information was just turned
in and he would write a check for the Clerk to the Board before leaving for the day, which he did not do.
Arlan Marrs stated that he is leaning to support the staff decision as the applicant has not shown good faith
in providing all the documents needed or accomplished all that is needed to allow for a positive
recommendation and that the site has not been cleaned up. Arlan also noted that if the applicant were to re-
submit the application as a salvage yard with provisions for screening and a smaller building, this would be
a better application
Arlan Marrs moved that Case USR-1275 be forwarded to the Board of County Commissioners with the
Planning Commissions recommendation of denial. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp, yes; Fred Walker,
no; Cristie Nicklas, yes. Motion carried unanimously.
Cathy Clamp commented that she advised the applicant to look into the water in the area as it is very scarce
and people are drilling 800-1200 feet for water.
Fred Walker commented that he feels the Planning Commission should have made some conditions to allow
the applicant a choice as the applicant is going to court in a month, that the Planning Commission should try
to work with the applicant rather than fight him.
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August 15, 2000
Page 4
Cristie Nicklas commented that the application is lacking information needed to make a favorable
recommendation and that there should not be commercial development without water.
CASE NUMBER: USR-1278
APPLICANT: Raymond and Doris Cirbo
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the SE4 of Section 5, Township 2 North, Range 67 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Recreational Facility
(Roping Arena) in the Agricultural Zone District.
LOCATION: North of and adjacent to WCR 24 and 1/2 mile east of WCR 15.
Sheri Lockman,Planner,stated that the applicants have decided to withdraw their application and will be using
the site for personal use only, not public use.
CASE NUMBER: USR-1274
APPLICANT: Carole Applegarth
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lots A and B, RE-1890; Part of the NE4 of Section 35, Township 5 North,
Range 66 West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home Business,specifically
recreational vehicle storage.
LOCATION: South of and adjacent to 49th St and south of the end of Hill-N-Park Drive.
Robert Anderson, Planner, presented case USR-1274 and read the recommendation into the record. Robert
noted that the Department of Planning Services is recommending denial of this application as the City of
Evans is recommending denial. Robert noted that this application is within the Urban Growth Boundary of the
City of Evans IGA.
John Folsom asked if the site is for vehicle storage only. Robert noted that it is strictly for RV storage, that
no one will be living in any of the RV's.
Carole Applegarth, Applicant, stated that she feels this is similar to the surrounding property as there is a
store, church, park, senior citizen's center, cement company, and many home businesses within close
proximity. Ms.Applegarth stated that she wants a business that she can run with her health getting worse and
stated that she is looking forward to making her business a asset to the area. Carole noted that she does not
like the fact that the City of Evans is recommending denial of her application because they want it to be low
density residential, yet there are already several businesses in the same vicinity.
Arlan Marrs asked if there are going to be 60 slots like the map shows or 80 slots as is written somewhere
in the application. Ms. Applegarth noted that there will only be 60 slots. Arlan also asked about the fencing
being required for screening. Carole noted that she would like to have chain link fencing for security reasons,
but that she is planning on planting many trees as well as having a 5 foot berm on the side of the site facing
the road. Michael Miller asked if the vehicles will be registered and licensed. Ms.Applegarth noted that they
will be by the owners. John Folsom asked why this is listed as a home business. Robert noted that it is not
any different, but that the title of the application could be changed by the Planning Commission.
Arlan Marrs asked if the IGA agreement with Evans is the reason for the denial by the Department of Planning
Services. Lee stated that the application would have been sent to the City of Evans even without the IGA,that
the City of Evans sewer line is within'''A mile of the site,so the IGA is not the only reason for the referral. Arlan
Marrs and Fred Walker both made general comments about the IGA affecting the rights of property owners
outside the town limits.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 5
Loretta Fleck spoke concerning her business of a similar nature on 47th Avenue. Ms. Fleck noted that this
is a needed service and that as more expensive RV's are available and people are less able to keep their RV's
in their subdivisions,there will be even more need for storage in the future. Ms. Fleck also noted that her site
is secure and has not had problems, that they require the owners to keep their RV's insured, licensed, and
registered.
Joan Camp stated that she has known the applicant for 4 years and has no doubts that the Ms. Applegarth
will make this into a beautiful business that will be well run.
Cristie Nicklas noted that she would like to see a referral from the Weld County Sheriffs Office concerning
the security response.
John Folsom asked Lee Morrison if the Planning Commission would have to uphold the denial by the City of
Evans because of the IGA with the municipality. Lee noted that the Planning Commission should look at the
reasons that the City of Evans asked for denial, but that the Planning Commission should make their own
referral.
Michael Miller stated that he thinks this is a good location for this,that the service is becoming more of a need,
and that this will probably be successful.
Stephen Mokray agreed and stated that he feels this is a comparable use for the area.
John Folsom stated that he agrees that this is a comparable use for the area, that he doesn't feel this is a
home business and should be re-titled. Robert Anderson and Lee Morrison agreed that changing the title is
not going to affect the application and that this is acceptable.
Michael Miller moved to change the title of the request to read"Site Specific Development Permit and Special
Review Permit for a recreational vehicle storage yard. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Carole Applegarth noted that she would like the hours to be earlier as some people would like to get their
boats before 8:00 a.m., and that she would prefer to have a chain link fence acceptable with landscaping.
Robert Anderson noted that the chain link fence would be acceptable with landscaping.
Michael Miller moved to change Development Standard #3 to state the hours 6 a.m. to 9 p.m. and
Development Standard# 15 to remove the words"or pallets are not"and replace with the word"is" 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; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Fred Walker moved that Case USR-1274 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Michael Miller seconded the motion.
Fred Walker stated Section 24.3.1.4 as the reason for approval, stating that he feels the application is
compatible with surrounding land uses.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
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August 15, 2000
Page 6
Cristie Nicklas commented that she would like to see a referral go to the Sheriffs Office before the Board of
County Commissioners hearing.
Arlan Marrs excused himself from the next case to avoid a conflict of interest.
CASE NUMBER: 2o°AmUSR-1153
APPLICANT: Public Service Company of Colorado
PLANNER: Julie Chester
LEGAL DESCRIPTION: Section 19, 20, and 30 of Township 12 North, Range 66 West and Section
24, Township 12 North, Range 67 West of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public
Utility for the Expansion of the Ponnequin Wind Electric Generation Site.
LOCATION: Adjacent to the Colorado/Wyoming border,approximately one mile west of SH 85, 3%3 miles
east of 1-25.
Julie Chester, Planner, presented Case 2ndAmUSR-1153 and read the recommendations into the record.
Julie noted that the applicant will be adding 35 wind turbines,with 15 going in by December of 2001 and the
additional 20 for the future. Julie also noted that this will bring the total number of turbines at the site to 64.
Julie noted that the Department of Planning Services is recommending approval of this application and noted
the Department of Public Health and Environment has added one additional referral to be placed as
Development Standard # 14 with subsequent renumbering and noted that the agency for Development
Standard #15 is actually West Greeley Soil Conservation District.
Fred Walker had some questions concerning the Development Standards#15 and #18 being very similar.
Julie noted that these are similar but do need to be separate conditions. Cristie Nicklas asked about washing
of hands at the site. Cathy Clamp asked if the vault system and bottled water would only be used during
construction. Julie noted that there will be some maintenance staff at the site on occasion.
Rick Thompson, representative of Public Service Company, stated that the site is just an expansion of the
existing site and that the geologic towers proposed are lower than the turbines,they are there to read the wind
and weather conditions at the site.
Cristie Nicklas asked if the access from the Lazy D is granted,will the application have to be amended again.
Lee Morrison noted they would have to check the original permit to decide that. Julie noted that they would
need proper permits from CDOT and that the agreement would have to be turned in to the Department of
Planning Services for approval, however the permit would not need to be amended, as it was covered in the
original USR.
Michael Miller asked why the height of the turbines is changing. Mr. Thompson noted that they would like to
be able to use different manufacturers and would like the height to be more flexible for this possibility. Mike
asked if the size of the facility will increase in the future. Mr. Thompson noted that it is possible as the
demand for this power source is increasing, but that the site will allow only so many turbines. Mr. Thompson
also noted that there is another site being considered in Logan County. Cathy Clamp asked who owns the
land that is currently being considered for the amendment. Rick Thompson noted that the State owns this
property and read a letter into the record from them expressing their approval of the use of this site.
Cristie Nicklas asked if the turbines are going to be taller now. Mr. Thompson stated that they will be about
30 feet taller. Cristie Nicklas wanted to note that this site is not as remote as it sounds as it is about 15
minutes from Cheyenne. John Folsom asked if wildlife is affected by the turbines. Rick Thompson noted that
they have several agencies,including the Division of Wildlife and Fish and Game,but that the wildlife research
is complete with a wildlife specialist, including avian monitoring, but that less than 10 bird deaths have been
discovered. Mr.Thompson also noted that the antelope graze below the turbines and there are several deer
in the area that do not appear disturbed by the turbines.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 7
Cristie asked why there is such a hold up with the Lazy D. Rick noted that the lawyers have been fine-tuning
the proposal, but that they expect to finalize this within the next few weeks.
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. Thompson stated that the applicant does agree with the Conditions of Approval and the Development
Standards, but noted that Condition of Approval should have Planning Commission, not the Board of County
Commissioners. The Department of Planning Services agreed that this should be changed.
Michael Miller moved to approve Case 2ndAmUSR-1153 with the attached Development Standards and
Conditions of Approval with the addition of Development Standard#14 from the Department of Public Health
and Environment and subsequent renumbering, the change of referral for Development Standard #15, and
the change from Board of County Commissioners to Planning Commission. 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; Cathy Clamp, yes; Fred Walker, yes; Cristie
Nicklas, yes. Motion carried unanimously.
CASE NUMBER: Z-547
APPLICANT: Affordable Country Homes, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2016, being part of the SE4 of Section 16, Township 6 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
REQUEST: PUD Change of Zone from A (Agricultural) to PUD with six E (Estate) lots and one A
(Agricultural) lot.
LOCATION: North of and adjacent to SH 392 and 1/2 mile east of WCR 53.
Sheri Lockman, Planner, presented Case Z-547 and read the recommendation into the record. Sheri noted
that condition of Approval #1.D was added to the comments that the Planning Commission received and
that the Department of Planning Services is recommending approval of this application.
Cristie Nicklas asked what the name of the subdivision referred to in the application as similar to this one
was and where it was located. Sheri noted that Lindies Lake subdivision is a few miles away and similar
in density to this application.
Todd Hodges, representative for the applicant, presented the application. Mr. Hodges noted that there are
provision for the setback from the oil head and tank. Mr. Hodges also noted that there is a well being
approved for fire protection,and possibly irrigation in the future,for the subdivision. Todd Hodges noted that
North Weld Water District is dealing with the Division of Water Resources and that the Division of Water
Resources is just waiting for updated information.
Cathy Clamp asked about the extensive number of Alpacas being asked for on the site. Mr. Hodges noted
that they are asking for this number as the animals are not as hard on the land as the Llamas they are
lumped in with. Lee Morrison noted that with the change of zone, the applicant can set their own units for
the property. Mr. Hodges noted that there is a part of the covenant that does not allow over-grazing of the
property.
Michael Miller asked if the applicant is still reserving land for an airstrip. Mr. Hodges noted that the sketch
plan did ask for an airstrip, but that they dropped this. Todd Hodges noted that there is a note to allow a
structure to be built in the open space, such as a loafing shed or a corral.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 8
Fran Leiser, a nearby land owner, stated that she moved to the country, she doesn't want to live by a
subdivision and that she does not feel there is enough water to service the lots and irrigate them as well.
Kent Bendt, an nearby land owner, stated that he is mostly concerned with the traffic issues of SH 392, but
also with the possible drop in water pressure. Mr.Bendt noted he would like to see road improvements before
new development occurs.
Mindy Noose, a nearby property owner, stated that she is worried about the water because when they water
outside they have no water pressure inside. Ms.Noose also stated her main concern is with the overcrowding
of school buses.
Julie Boyle, a nearby property owner, stated that she is concerned with the water and utility issues, as well
as a removal of 39 of 76 acres from production. Ms. Boyle is also concerned with animals not being fenced
as well as traffic issues involved with more animals and houses. Julie Boyle also noted that she would like
more screening on the south and west side of the subdivision. Ms. Boyle did not like that the publication was
in the South Weld Sun, did not see the sign up for three weeks, and wants the final plan to be in front of the
public, not staff approved. Cristie Nicklas explained that the South Weld Sun has the bid for all publication
in the county and that the planner only has the responsibility to post the sign,they are not responsible for any
vandalism that may have occurred, and that there is a picture of the posted sign on the site.
Deb Holstein, a property owner in the area, stated that the elk they raise are effected by new people and
animal scents and they get nervous,often causing damage to themselves. Ms. Holstein also noted that there
is not much water available in the area.
Mable Leiser stated that she is not happy with the difficulties she has encountered with County permitting
processes. She also stated concern that she could not get a driveway off of SH 392, but that the applicant
is going to get access.
Don Dunker, a nearby property owner, asked questions concerning manure and fly management plan and
questions for Colorado Department of Transportation(CDOT)concerning a culvert. Diane Houghtaling stated
that he would have to ask CDOT about their plans for the culvert. Pam Smith stated that a pamphlet is
available from the Department of Public Health and Environment concerning the manure and fly management.
Linda Erbes, a nearby land owner, asked about irrigating the subdivision lots if there is not enough water to
irrigate the farmed land. She also asked questions about the type of homes allowed, the property near the
application site that is not very well kept, and the school buses and capacity of the schools.
Todd Hodges,representative for the applicant,stated that the school impacts will be paid as part of the school
impact fees at building permit issuance. Mr. Hodges also stated that this land is non-prime irrigated and that
many of the livestock issues will occur between any neighbors, a subdivision is not the source of all the
livestock problems, and that the access will be for all the lots, rather than several separate houses with
individual accesses.
Arlan Marrs asked what kind of housing is proposed for the site. Todd Hodges stated that the homes will be
stick built or possible manufactured homes comparable to stick built homes. Arlan Marrs asked if the
additional Alpaca will be allowed on the large agricultural lot. Mr. Hodges stated no, that they will be allowed
on all the lots.
Brian Hegwood, Applicant, stated that the water rights will be his and that he rents water. Stephen Mokray
asked about irrigation for the subdivision lots. Mr. Hegwood stated that he will be encouraging the use of
native grasses and possibly work with the property owners to use his water, but also noted that the covenant
covers animals and fencing. Fred Walker asked which irrigation system Mr. Hegwood uses. Mr. Hegwood
noted it is Larimer/Weld.
Todd Hodges stated that they are in agreement with the Conditions of Approval, except#3.A.3.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 9
Stephen Mokray noted that he does not like the idea of animals but not enough water on the site. Todd
Hodges noted that the potential for using well water is there and that they will work with the buyers. Mr.
Hegwood noted that the covenant does not allow over-grazing and deals with the maintenance of weeds. Mr.
Hegwood also noted that the buyers will be made aware of the water issues at selling.
Discussion ensued concerning the open range policy as well as water rights through North Weld County
Water District and available water for the property.
Michael Miller noted that the applicant is looking at economic advantages compared to production. Michael
noted that he is hesitant to allow this use of the property with the possible hazards to surrounding property
owners associated with it.
Arlan Marrs noted that it is not the Planning Commission's duty to decide if the agricultural use of the property
is economically feasible and that water availability is minimal at best. Arlan noted that this will concentrate
the water on fewer acres, possibly producing more. This subdivision will not eliminate accesses on SH 392,
maybe by allowing questionable agricultural property be developed will help fill the demand for lots, before it
starts affecting prime farm land.
Arlan Marrs moved that Case Z-547 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with staff changes with the Planning Commissions
recommendation of approval. Fred Walker seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, no; Michael Miller, yes; Cathy Clamp, no; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried.
John Folsom commented that he may feel a personal preference for not having urban sprawl in rural areas,
but this is not prime farm ground. Mr. Folsom also noted that this application follows regulations and
ordinances and he takes a stance in favor of this application.
Cathy Clamp commented that she feels it is the property owners right to develop their own land, but that
surrounding property owner concerns worry her, as well as the water pressure issue. Ms. Clamp also noted
that she is concerned with the elk being harmed with new people and animals in the area.
Fred Walker commented that the issue of prime farm land versus irrigated prime land depends on more than
maps and certain soils,that the farmer is often the difference between farmable land. Mr.Walker also noted
that North Weld Water District is working on improving the line for pressure in the area and the more people
in the area will encourage them to improve the line.
Cristie Nicklas commented that the elk are considered livestock and that the owners of animals this sensitive
should not expect the neighbors to be responsible for placing these animals in this populated and growing
area. Cristie also noted that the water pressure should not be a problem of the Planning Commission, but
of the water district and that proper use of the water taps would improve the pressure for everyone on the line.
CASE NUMBER: AmUSR-1067
APPLICANT: HS Resources, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Being Part of the SE4 of Section 13, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
REQUEST: Amendment to a Site Specific Development Plan and Special Review Permit for Oil and Gas
Support and Services (Land Treatment Facility) in the Agricultural Zone District.
LOCATION: West of and adjacent to WCR 37 and north of and adjacent to WCR 32.
This application is to amend a portion of the property out of the USR in order to apply for USR-1280 for a
different use. As the two applications are basically a change to one property, they were presented in one
speech by Sheri Lockman and the applicant.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 10
CASE NUMBER: USR-1280
APPLICANT: HS Gathering, LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Being Part of the SE4 of Section 13, Township 3 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and
Service (Natural Gas Compressor Site) in the Agricultural Zone District.
LOCATION: West of and adjacent to WCR 37 and north of and adjacent to WCR 32.
The minutes for USR-1280 and AmUSR-1067 follow.
Sheri Lockman,Planner,presented Cases AmUSR-1067 and USR-1280 and read the recommendations into
the record. Sheri noted that the amendment on AmUSR-1067 will remove 40 acres of unused property out
of the USR for land treatment and use this property for a natural gas compressor site. Sheri noted that
Condition of Approval#2.B was removed from USR-1280 and added to AmUSR-1067 as it was mistakenly
placed on the wrong recommendation.Cathy Clamp hd a velopment Standar #14 regarding an air t. Sheble
McConnellogue stated that)this ison notjust tocerning notifythe applicant that they will need to comply lwith these
requirements.
Jim Wasson,representative for the applicant,stated that they are amending 40 acres out of the original permit
and placing a natural gas compressor site on ten acres of the amended 40 acres. Mr.Wasson explained that
H.S. Resources is a subsidiary of H.S. Gatherings.
Cathy Clamp asked if the pipelines are below or above ground. Mr. Wasson stated that they will be below
ground. Stephen Mokray asked what the natural gas compressor site will be used for. Jim Wasson stated
that the gas comes in at low pressures and is compressed and moved out in higher pressures.
Michael Miller asked if any of the 40 acres being amended out of the original permit have been used for
treating contaminated soils. Mr.Wasson stated that they have not been used,that they have been dormant.
Arlan Marrs asked if there will be any gas flaring. Joe Baumberger with H.S. Gatherings stated that there is
no flare, an 8"vent stack is used and this will shut valves if a problem occurs.
Cathy Clamp asked if there is scent added to the gas at this time. Mr. Baumberger stated that scent is not
added at this time. Cathy asked if this site will be attended. Mr. Baumberger stated that there will be
someone there approximately 8 hours a day but, if there are no issues with the site,they may not stay the full
8 hours. Mr. Baumberger stated that there are combustible gas monitors at the site that shut down the station
if a problem is detected and this same system sends out a call to the person or persons on call.
Stephen Mokray asked the size of the proposed building. Mr.Wasson stated that it will be a 60x80 foot pre-
engineered steel building.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Sheble noted that the wording"If applicable"should be added to the beginning of Condition of Approval F on
USR-1280.
Arlan Marrs moved that Case AmUSR-1067 be forwarded to the Board of County Commissioners along with
the above mentioned amendments to the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Stephen Mokray seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 15, 2000
Page 11
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Arlan Marrs moved that Case USR-1280 be forwarded to the Board of County Commissioners along with the
above mentioned amendments to 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; Arlan Marrs,yes; Stephan Mokray, yes; Michael Miller,yes;Cathy Clamp,yes; Fred Walker,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Meeting adjourned at 6:30 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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