HomeMy WebLinkAbout20001477.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,-dune$; 200t
A regular meeting of the Weld County Planning Commission was held Tuesday;June 6, 2000, in the Weld
County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley,Colorado. The meeting
was called to order by Vice Chairman, Cristie Nicklas, at 1:30 p.m.
ROLL CALL
Fred Walker Absent
Cristie Nicklas Present
John Folsom Present
Jack Epple Present
Michael Miller Present
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Cathy Clamp Present
Also Present:Don Carroll,Diane Houghtaling,Public Works;Pam Smith,Sheble McConnellogue,Troy Swain,
Department of Public Health and Environment;Lee Morrison,Weld County Assistant Attorney;Kim Ogle,Julie
Chester,Sheri Lockman,Monica Daniels-Mika,Department of Planning Services;Trisha Swanson,Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on May 16, 2000,
was approved as read.
CASE NUMBER: S-525
APPLICANT: Beebe Draw Farms/Jim Fell
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Sections 3,4,5,8,9,10,15,16 and 17, T3N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: PUD Final Plat for Beebe Draw 2nd Filing for 536 Lots
LOCATION: Approximately 6 miles east of the Town of Platteville; east of WCR 39 and south of WCR
38. For a more precise location, see legal.
Monica Daniels-Mika, Director of Planning Services, presented Case Number S-525. Monica stated that the
Department of Planning Services is asking for a continuance for an indefinite time to allow the applicant to
fulfill all the requirements from both the Department of Planning Services and Public Works.
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephen Mokray moved that Case S-525 be continued indefinitely. Cathy Clamp seconded the motion.
The Vice 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-840
APPLICANT: Andesite Rock Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Gravel Mine in the Agricultural
Zone.
LOCATION: South of and adjacent to WCR 126; 1/8 mile east of WCR 21.
C/Cik: 2000-1477
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 2
Kim Ogle, Planner, presented Case AmUSR-840 and read the recommendations of the Department of
Planning Services into the record. Kim noted that the Department of Planning Services is recommending
approval of this application.
Michael Miller asked if this site would be de-watered or dry pit. Kim noted that it is a dry pit operation. John
Folsom asked if there was any access from the amended land or if it would all be through the existing
operation. Kim noted that the accesses used now will be used for the amended land and no new access will
be used. Kim also stated that the access on the original permit will change to use WCR126 as soon as the
bridge is completed there, but that this is approved through Public Works. Cathy Clamp noted her concerns
about the viability of the deed for this land to mine the gravel on the land. Lee Morrison noted that he doubts
that the county will be held accountable for any future changes to the law as the county is acting in good faith
that the applicant does have the right to mine this land.
Rick Everist,representative for Andesite Rock Company,stated that they are requesting this expansion to the
existing mine in order to avoid having to build a new processing plant and to remove the materials under the
land. Mr. Everist spoke of the company's past efforts to reclaim the land they have mined, stating that they
are growing native grasses on the areas already mined.
Discussion followed concerning the road agreements. It was noted that about 90%of the material mined goes
out by rail. Michael Miller also noted that they are not changing the intent of the original mining operation,they
are just expanding into some new adjacent land. Jack Epple asked if it is still possible for the mineral rights
owners to drill for oil on this site. Mr. Everist stated it is still possible. Michael Miller asked how many more
years can be expected at the entire operation. Rick Everist stated about 15 years more at this site.
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bob Burroughs, representative for some Carr citizens,noted that the citizens are concerned with the creation
of more fugitive dust than is already being created. Bryant Gimlin asked Mr. Burroughs if this was the citizens'
only objection. Mr. Burroughs noted that it is the citizens' strongest objection. Michael Miller noted that the
issue with dust should be registered as complaints with the Department of Public Health and Environment.
Rusty DePorter, a nearby land owner, noted that the dust has been a problem and that they have made
complaints to the Department of Public Health and Environment. Mr. DePorter also noted that there is a lot
of dust created by employees driving down Second Street.
Barbara Downing, a nearby property owner, noted that she can not sleep and that the dust is affecting her
emphysema.
Jana DePorter,a nearby land owner, noted that the vehicles,both of employees and outside deliveries, using
Second Street are going too fast for the speed limit,that this is dangerous for children,and that the noise and
dust are a problem. Cathy Clamp asked what the posted speed limit is on that street. Jana noted that the
speed limit is 30 miles per hour.
Rick Everist noted that he would have a talk with employees concerning their driving along the road and that
some future training for outside deliveries will include a notice on the roads to use and the posted speed limits
on these roads.
Sheble McConnellogue noted that they show no complaints for this site in their computer. Discussion followed
concerning the methods of dust control utilized at this site. Mr. Everist explained their methods as well as the
chemicals used to control the dust, but also stated that they would take a look at improving the existing
conditions for the neighbors. Stephen Mokray asked at what point the plant is shut down concerning winds.
Mr. Everist noted at about 40-45 miles per hour wind speed. Stephen noted that since many neighbors seem
to have a problem with the dust, that something might need to change about when the plant shuts down.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 3
Mr. Everist had a question concerning Condition of Approval#3.A as they have the traffic plan signed off by
Public Works already and that Condition of Approval#3.E.1 concerning landscaping,as there is very little that
will grow other than the native grasses. Andesite already plants native grasses during reclamation of
previously mined lands. Kim noted that this is acceptable to the Department of Planning Services.
Michael Miller moved to delete Condition of Approval #3.E.1. Stephen Mokray seconded the motion.
The Vice 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously.
Stephen Mokray moved to delete Condition of Approval #3.A. Michael Miller seconded the motion.
The Vice 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously.
Discussion followed concerning how the dust is measured. Troy Swain, Department of Public Health and
Environment, noted that this is monitored by routine inspections requested by the State Health Department
every few years,as well as when complaints are noted. Troy also noted that they had no record of complaints
against this site, but did give out a card to those in the audience who would like to be able to reach him with
their complaints.
Stephen Mokray moved that Case AmUSR-840 be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Michael Miller seconded the motion.
The Vice 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; Jack Epple, yes; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously.
Michael Miller commented that he encouraged the surrounding property owners to contact Troy with
complaints and that any operation causing as many problems as they were stating will not be able to hide
those dust problems by the time that Troy gets to the site,that if there is a problem it will be dealt with through
continuous reporting and problems not being solved.
Jack Epple commented that he agrees with Michael Miller.
Cathy Clamp commented that she hopes the applicant will take the neighbors concerns under consideration.
Stephen Mokray stated that he thinks the neighbors should try to work with the company and try to work out
a method to identify and deal with the problems as they arise.
CASE NUMBER: USR-1268
APPLICANT: Glen Fritzler
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2 NE4 Section 22, Township 4 North, Range 66 West of the 6th P M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a guest farm in the
Agricultural Zone District.
LOCATION: South of and adjacent to WCR 33 and SH 85; east of and adjacent to SH 256.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 4
Kim Ogle, Planner, presented Case USR-1268 and read the Department of Planning Services
Recommendation into the record. Kim noted the addition of Development Standard#16 and the wording of
Development Standard #23 to reflect the LaSalle Fire Protection District.
Glen Fritzler, Applicant, stated that his family was planning on having a corn maze open from September
through October to supplement their farm income, but that the land would stay agricultural.
John Folsom had several questions concerning the road access off SH 85, as well as the access from the
parking lot to the maze. Mr. Fritzler explained the access from SH 85, including changes that will occur when
the primary turn-off is closed. Mr. Fritzler and Kim explained the parking and the access to the maze on Mr.
Fritzler's property. Questions also arose concerning the direction of traffic on his land. Mr. Fritzler noted that
he will make the private road on his land a one-way drive to alleviate the traffic problems.
The Vice 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 asked if Development Standard#6 should state the year. Kim agreed that would be a good
addition. Stephen Mokray asked what type of plan that LaSalle Fire Protection District was asking for
concerning Emergency Medical Services (E.M.S). Kim noted that LaSalle Fire Protection District is
concerned if someone got sick in the maze, E.M.S. would like to have a quick way to get to them.
Mr. Fritzler had a few questions concerning the landscaping that would be required. Kim noted that they
could work on what type grass would be best to have in the parking area. Questions concerning the changing
places of the maze in the future came up,with concern over the changing access. Mr. Fritzler noted that they
could make improvements as they were needed with each new plan.
Bryant Gimlin moved to delete the last sentence of Development Standard #12, change the wording on the
last sentence of Development Standard from"first year"to"season of operation,2000",and add the year 2000
to the end of Development Standard #11. Stephen Mokray seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Glen Fritzler also had a question concerning the possible change from a vault system to a system that is
serviced at the time the portable toilets are serviced. Sheble McConnellogue noted that this would be
acceptable as long as there is drinkable water available as well.
Bryant Gimlin moved to add the following sentence to Condition of Approval #3 "Electric permit for sale of
produce is not a part of this USR permit." Stephen Mokray seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple, yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
Jack Epple moved that Case USR-1268 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and amended Development Standards with the Planning Commissions
recommendation of approval. Michael Miller seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray, yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin, yes; Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 5
CASE NUMBER: USR-1270
APPLICANT: North American Resources Company/William Crews
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NE4 of Section 31,Township 1 North, Range 65 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for Oil and Gas Support and
Service (Natural Gas Compressor Site) in the Agricultural Zone District.
LOCATION: Southeast of SH 76 and 1/2 mile north of WCR 2.
Sheri Lockman, Planner, presented Case USR-1270 and read the Department of Planning Services
recommendation into the record. The Department of Planning Services is recommending approval for this
application. Sheri further noted that there was an existing SUP on the site for a gas processing plant.
Conditions of approval for USR-1270 guarantee the vacation of the original permit and the reclamation of the
site in accordance with the rules and regulations of the Colorado Oil and Gas Conservation Commission.
William Crews, representative of North American Resources Company, stated that the reason for this new
permit is to reduce the area occupied by the SUP and allow the property owner to develop the property. Mr.
Crews stated that they had found evidence that a gas processing plant was on the site but that North
American Resources Company(NARCO)does not feel it is necessary to reclaim the property. NARCO was
not the original owner of this site, the site, including lease rights and land, was owned by Vessels
Cristie Nicklas asked if the compressor on site is in use. Mr. Crews stated that it is and that they are using
it, that this permit leaves room for additional compressors on site.
Michael Miller asked for more information concerning the reclamation before approval of the USR. Sheri
stated that the Department of Planning Services does not feel comfortable removing the request to reclaim
the site without more substantial information regarding the gas processing plant. Bryant Gimlin asked if there
had been a Phase II Environmental study done at the site. Mr. Crews stated that there had not, and that
having to follow through with a Phase II study might cause NARCO to withdraw the application due tot he cost
of a Phase II Environmental. Sheri noted that as soon as this application is recorded, the property that is
being freed from this USR is already subdivided and will most likely be used for residential lots.
Discussion followed concerning what reclamation might involve at this site. It was undecided as no one knows
what was originally at the site. Lee Morrison noted that the Oil and Gas Conservation Commission would deal
with the compressor that is currently standing on the site, but as they are unaware of any other facilities at the
site or any jurisdiction over the site before they may not take a hand in future reclamation.
Mr. Crews asked if it was the County's duty to follow this up or if it is the duty of the Oil and Gas Conservation
Commission. Concerns were voiced that leaving the reclamation for someone else to deal with may cause
more troubles in the end. There was further discussion concerning who should be responsible for the
evaluation or reclamation of this land. Mr.Crews noted that whatever was there was abandoned in 1983, but
there is no information about what was at that site. Michael noted that there is a potential for contamination
at the site with almost any plant that may have been at the site. Jack noted that the people who are
responsible in an environmental audit may not be NARCO. Lee noted that the Oil and Gas Commission may
have the authority and that it should depend on the referral. It was noted that there was very little
documentation done on plants at the time of the permit and that a lot of plants were built on skids. Mr.Crews
noted that he did not believe that there would have been anything below ground,the only thing that may have
been open to contaminating the area would be the added scent. Mike noted that the condensate could have
leaked during the transport. John asked if NARCO had any files from Vessels concerning this site,which Mr.
Crews noted that NARCO had searched and discovered nothing about the processing plant at this site.
Bryant noted that this may not have as much burden for the applicant as for the landowner, who will be
benefitting from the vacation of the rest of the site. Discussion regarding further steps required to build on
the platted lots followed.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 6
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
William Crews noted his concerns were with Condition of Approval #2.A, waiting for the Oil and Gas
Commission's letter may never come and hold up this application. Mr. Crews also noted a possible change
in Condition of Approval #4 and asked that it be changed to reflect any new building, as the existing building
and compressor are already there and in use.
Bryant Gimlin stated that he thinks #2.A should stay in the conditions, as the purchasers of the land should
have tested it and it will not be an issue,or there was never a plant there and this will not be an issue, or there
was a plant there and taking out this condition is a way for a company to avoid having to deal with the issue
if there is one. Mr. Crews noted that his company may withdraw their application and that this may hurt the
land owner as NARCO is doing this to assist the landowner in using the land, but that NARCO is capable of
running the operation under the original SUP, with the SUP covering the entire 61 acres.
Jack Epple moved that Case USR-1270 be forwarded to the Board of County Commissioners along with the
Conditions of Approval including the addition of the word"neW"after the word "any" in Condition of Approval
#4 and Development Standards with the Planning Commissions recommendation of approval. Cathy Clamp
seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray,no; Michael Miller, no;Jack Epple,yes; Bryant Gimlin,yes;Cathy Clamp,yes;
Cristie Nicklas, yes. Motion carried.
Michael Miller commented that he feels there is a need for a substantial amount of inquiry into the past history
of this property and there needs to be an environmental assessment of the property prior to the development
of the property as there is a possibility for potential problems.
Jack Epple commented that there are issues that need to be clarified before the Board of County
Commissioners Hearing.
John Folsom noted that he seconds Michael Miller's comments.
Cathy Clamp commented that the site as NARCO took it over is still tied to the original permit and conditions
of reclaiming the site. Lowering the size of the site will not change the requirements of the original SUP and
it would still fall on NARCO to follow through with the reclamation. Cathy noted that she does not see any
problem with lessening the size of the permit.
Stephan Mokray commented that there are too many unknowns in this situation and that he agrees with
Michael Miller's comments.
Bryant Gimlin noted that he is voting yes because there is nothing wrong with the application as long as#2.A
stays there in and that the company will have to follow through on any reclamation required by the original
permit. Bryant also questioned how hard the applicant tried to find information about the history of this site.
Cristie Nicklas commented that NARCO bought this SUP from Vessels and has a responsibility to fulfill the
obligations of this SUP and that is why she voted yes.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 6, 2000
Page 7
CASE NUMBER: Z-544
APPLICANT: Donald LaFever
PLANNER: Julie Chester
LEGAL DESCRIPTION: Part of the SW4 of Section 29,Township 2 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for five(5)Residential lots with Twenty-five(25)
acres of Common Open Space.
LOCATION: West of and adjacent to WCR 3 1/4 approximately 1/4 mile south of WCR 16 V2.
Julie Chester, Planner, presented Case Z-544 and read the Department of Planning Services
recommendation into the record. Julie noted that the Department of Planning Services is recommending
approval of this application.
Stephen Mokray had a question concerning the access road for Mountain View Fire Protection District. Julie
noted that a May 8', 2000 letter arrived stating approval. John Folsom asked about the commercial mining
potential for the site. Julie noted that the nearby gravel companies had stated that they had done as much
extraction from this area as was economically feasible. Cathy Clamp asked if this site is within an Urban
Growth Boundary (UGB) of either of the nearby towns. Julie noted that it is not within either town's UGB.
John Folsom also had a question concerning the floodplain/floodway in Condition of Approval#2.E.5. Julie
noted that this application is in the floodplain, not the floodway. In the floodplain, it is possible to build with a
Flood Hazard Development Permit, whereas in the floodway no building is allowed. John asked why any
mention of the floodway should exist on this application as none of it is in the floodway.
Don LaFaver, Applicant, stated that the lake on the site is going to be used for non-motorized use only. He
further noted that the mining company had stated that the overburden was too much to make the mining
feasible.
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
Helen Bryant, a landowner in the area, noted that she would not like to see any more homes in the area, and
also noted that she had retained the land in order to allow her grandson to know open land and to hunt there,
as well.
Mention was made of a possible addition of the Right-To-Farm covenant to the covenants for the subdivision,
as well as additional language to protect hunting in the area.
Cathy Clamp moved that Case Z-544 be forwarded to the Board of County Commissioners along with the
Conditions of Approval amended to remove the last sentence of #2.E.5 with the Planning Commissions
recommendation of approval. Stephen Mokray seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple,yes; Bryant Gimlin,yes; Cathy Clamp,
yes; Cristie Nickles, yes. Motion carried unanimously.
Meeting adjourned at 5:20 p.m.
Respectfully submitted
GtiNCUu,O- ,�
Trisha Swanson
Secretary
Hello