HomeMy WebLinkAbout20000731.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING (Corrected)
Tuesday, February 15, 2000
A regular meeting of the Weld County Planning Commission was held Tuesday, February 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 Chairman, Fred Walker, at 3:35 p.m.
ROLL CALL
Fred Walker Present
Cristie Nicklas Present
John Folsom Present
Jack Epple Absent
Michael Miller Absent
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present L.
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Also Present: Lee Morrison, Assistant Weld County Attorney; Don Carroll, Public Works; Sheble
McConnelloge, Department of Public Health and Environment; Kim Ogle, Sheri Lockman, Weld County
Planning Department; Trisha Swanson, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on February 1, 2000,
was approved as read.
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.
Kim Ogle, Planner, presented Case Z-535, and stated that the applicants are asking for a continuance until
August of 2000 in order to work out problems concerning the access to the site. The Department of Planning
Services' is in accordance with this continuance.
The 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 Z-535 be continued until August, 2000. Christie Nicklas 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
CASE NUMBER: USR-1254
APPLICANT: Houa (Rick)Thao
PLANNER'. Kim Ogle
LEGAL DESCRIPTION: Part of the NW4 NW4 and NE4 NE4 of Section 6, Township 2 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan & 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 Custom Meat Processing
for a Swine processing facility in the A(Agricultural) Zone District.
LOCATION: East of and adjacent to WCR 49; approximately '/2 mile north of WCR 24.
dflt 2000-0731
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 2
Kim Ogle, Planner, presented Case USR-1254 and read the Conditions of Approval and Development
Standards into the record. Kim stated that the Department of Planning Services is recommending approval
on this application.
Bryant Gimlin asked why page 2 in the packet received by the Planning Commission stated that the
Department of Planning Services is recommending denial. Kim stated that this was a typographical error and
that approval is the recommendation of the Planning Department.
Rick Thao, Applicant, stated that they wanted to raise hogs and do some butchering, but not wanting to keep
more than the allowed number of animals on the site than is allowed per zoning. Bryant Gimlin asked if this
would be a large scale operation or only a few animals. Rick stated that they may expand in the future, but
not at the present moment. Fred asked if the numbers changed what changes would have to be made to the
permit. Sheble McConnellogue, Department of Public Health and Environment, stated that both large and
small scale operations are addressed in the Conditions of Approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Kim Ogle asked that the wording in Development Standard#6 be changed from"at this time" to"on the site".
The chair asked the applicant if he was comfortable with the Development Standards and Conditions of
Approval as they had been changed. The applicant stated that he was in agreeance with these.
Bryant Gimlin moved that Case USR-1254 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards including the changed wording on Development
Standard#6 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
Kim Ogle, Planner, asked that Case AmUSR-897 be placed as the final case for the day as the applicant and
surrounding property owners were working out a final agreement to suit both parties. Discussion followed
concerning whether this would be acceptable. Cristie Nicklas stated that she felt the applicants knew the date
of their case in advance and should be given no extra time. Bryant Gimlin stated that it would be better to
allow the applicant the extra time in order to avoid another continuance for this case. Fred Walker stated that
he felt the same as Bryant.
Stephen Mokray moved that Case AmUSR-897 be placed last on the agenda in order to allow more time to
work out the final kinks between the applicant and surrounding property owners. Arlan Marrs 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; Bryant Gimlin, yes; Cristie Nicklas, no; Fred Walker,
yes. Motion carried.
CASE NUMBER: USR-1255
APPLICANT: L. G. Everist - Ft. Lupton Sand & Gravel Mine
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 30 Township 2 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for Open Cut Gravel
Mining and Asphalt and Concrete Batch Plants in the (A)Agricultural zone district.
LOCATION: Approximately 1/4 mile south of WCR 18 and approximately 1 mile west of SH 85.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 3
Sheri Lockman, Planner, presented Case USR-1255 and read the case into the record along with the
Conditions of Approval and Development Standards with the Department of Planning Services
recommendation of approval. Sheri stated the landscaping conditions concerning berming near neighbors
and requested special consideration to the changes requested concerning the reclamation plan. Sheri stated
that the Department of Planning Services feels the final appearance is not up to acceptable standards. Sheri
further stated that the new comments handed out to the Planning Commission members included comments
from Public Works and the change in wording concerning storm water discharge.
Cristie Nicklas asked what shape is recommended for the ponds. Sheri stated that a more natural shape is
preferred. John Folsom asked if the river should be listed as the South Platte instead of the St. Vrain. Sheri
stated that South Platte is correct.
Rick Everist, Applicant, stated the history of his company and the intentions of his company in reclamation
of the lakes. The company is planning on turning the lakes into water storage for water rights in the area. Mr.
Everist stated that Mr. Hill, a surrounding property owner, is granting the company an easement in order to
keep the large trucks away from his personal driveway. Rick stated that his company is going to allow the
former landowner to farm each area until they mine it, to keep the dust down. The applicant noted that they
have a verbal agreement with the Lupton Bottom Ditch Company to move the ditch while mining, then replace
it with a cement lined ditch in the original path.
Stephen Mokray asked how the company planned to line the lakes. Mr. Everist described the slurry wall and
how it will be built before any mining is done at each cell. Fred Walker asked about the agreement with the
ditch company, whether there is a written agreement or not. Mr. Everist stated that they have the details
almost all together and that the written agreement will follow. Fred also asked if the easement would be for
the company's use only or if it might change to recreational use. Rick stated that the company does not plan
for the lakes be used for recreation.
Discussion followed concerning the future uses of the lakes and the permits that would be required to
discharge the water if they became storage lakes. The applicant asked about the hours possibly changing
in order to do some night work for Weld County or CDOT jobs. John Folsom asked Don Carroll about the
bridge being adequate for the loads to be carried. Don stated the bridges were adequate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jim Kilburn stated that his mother-in-law's property was near the area and she wished to know how this would
affect her soils, if this will contaminate the water, and the effect on the environment.
Gomer Hale, a property owner near the site, wants to know the end use of the lakes, if they would be
recreational or storage.
Mr. Everist addressed some of the concerns stated by the public. He stated that an environmental impact
study is not required but he does have an Army Corps of Engineers wetland study that states the effect will
not be major in any way. He further stated that the water purity will be addressed by a health department
permit and that keeping the former property owner farming until development will keep the dust down for
surrounding farms. He further stated that the company plans to keep these lakes in water storage, not used
for recreation.
Cristie Nicklas asked Sheri if Mrs. Benson could get access to the information concerning the wetlands. Sheri
stated that all the information in the file is public record and Mrs. Benson could come in at any time to look
at the file, including the wetland study.
The chair asked the applicant if he was in agreement with the Development Standards and Conditions of
Approval as stated. The applicant was concerned with the possible working hours being expanded for
government jobs and would like to not have to address another reclamation plan for the lakes. Discussion
covering the hours of operation being changed to 24 with the Board of County Commissioners approval at a
regular business meeting, with Don stating the need for 24 hour notice before night hauling. Fred Walker
asked if Development Standard#30 might cover the hours of operation question. Fred and Bryant stated the
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 4
opinion that aesthetically pleasing is not as much of a priority as the quantity of water being stored in a storage
lake. Sheble McConnellogue asked about the homes currently on the property, which Mr. Everist stated will
stay until the mining is in their area, then they will be donated to the local fire department for burning. The
applicant stated he was comfortable with the changes being proposed.
Cristie Nicklas moved that Condition of Approval#2 B be dropped, Development Standard#30 be added with
the following wording"Hours of operation shall be extended to 24 hours per day with specific permission from
the Weld County Board of County Commissioners at a regular business meeting.", with subsequent
renumbering and a change to Development Standard#31 to read"The sand and gravel operation shall comply
with all operation policies identified in Section 44 of the Weld County Zoning Ordinance, except for Section
44.4.2 which shall comply with Development Standard#30." Bryant Gimlin 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1255 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and amended 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
Discussion followed concerning the procedure for the changes to the application for AmUSR-897 to be heard
at this time. The decision was made to allow the applicant and the surrounding property owners to read their
agreement into the record and have the Department of Planning Services' staff decide if the changes
proposed required a continuance at this time.
Gary Tuttle, Representative for the applicant, stated that the lawyer for CAMAS would read the agreement
as it pertains to CAMAS's concessions to the surrounding land owners and that the lawyer for the surrounding
property owners listed as Families for Responsible Aggregate Mining (FRAM) read the agreement as it
pertains to the surrounding property owner's concessions to CAMAS. The final draft of this agreement will
be an exhibit in this case for the Weld County Board of County Commissioners.
George J. Cerrone, Jr., attorney for CAMAS, stated the concessions that CAMAS would make to the
surrounding property owners will be as follows: CAMAS agrees to amend the permit currently pending in front
of the Planning Commission to remove 17 of the northern most acres from the mining application, to amend
those same 17 acres from the pending state permit, prepare new maps and documents with the changed
dimensions for the Board of County Commissioners and Planning Services, create a more undulating
shoreline for wildlife activity, and CAMAS would not mine the 17 acres removed from this permit application.
Melanie Granberg,Attorney for(FRAM), stated the concessions made by FRAM will be as follows: FRAM shall
represent to the Planning Commission and the Board of County Commissioners that they are in
accommodation with AmUSR-897 and withdraw all written and formal complaints, they will not contest the
original USR, they will not contest any future re-zoning of the subject property should CAMAS choose to
develop it into residential lots with 2.5 acre or larger lots,with the exception that they may contest any possible
setbacks concerning residential lots adjacent to their property, as well as join and present their agreement to
the Planning Commission and the Board of County Commissioners.
Lee Morrison asked that the names of the homeowners associated with FRAM be read into the record in case
of future dissention. Melanie Granberg read the following names into the record as members of FRAM: Joe
Lohness, Helen Lohness, Noble Benson, Mary Sue Benson, David Miller, Matt Geib, Lisa Geib, Jonathan
Cragle, Paula Cragle, Earl Erbes, Susanne Erbes and Kim Davis. Melanie further stated that this agreement
does not bind successors of the homeowners, but does bind CAMAS. Cristie Nicklas asked if Melanie
Granberg represented any other homeowners in the area. Ms. Granberg stated she represents only the
membership of FRAM.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 5
Arlan Marrs commented that he feels a reduction in the intensity of the use does not signify a renotification
and continuance. Kim Ogle, Planner, stated that the Department of Planning Services is comfortable with
continuing with the amended case at this time.
CASE NUMBER: AmUSR-897
APPLICANT: CAMAS, Colorado Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B RE-1539; Pt E2NE4 32-6-66; SW4NW4 33-6-66; W2W2 33-6-66; E2E2
32-6-66; N2 32-6-66; N2S2 32-6-66 West of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for Gravel Mining and Concrete
and Asphalt Batch Plant in the (A) Agricultural zone district.
LOCATION: West of and adjacent to WCR 27 (83rd Ave); south of and adjacent to WCR 64 (OSt).
Kim Ogle, Planner, presented Case AmUSR-897. Kim read the history of the original application and the
pending application into the record. Kim stated that the Department of Planning Services is recommending
approval of the application. Lee further clarified that the approval is continued to include the changes made
to the present application.
Gary Tuttle, Representative for the applicant, described the site as it would have been developed and then
with the changes made per the agreement with FRAM. The changes include an elimination of 17 acres in the
north from the mining process and all processing will be contained in the northwest corner of the site. Gary
stated that one of the first steps will be the created wetland in the south, and further stated that they will be
keeping clear of the riparian areas along the north side of the river. Mr. Tuttle stated that the reservoirs will
be used to store water, not for recreation, and all the reservoirs will be sealed excepting the northernmost
center lake. This lake will be kept an open groundwater lake for better sloping and extra material. Gary
further stated the studies concerning the floodplain. With the use of the floodplain model, they state that the
flood levels will not change more than 1"with all the reservoirs full. CAMAS will also monitor the ground wells
in the area and place piping to cover the loss of tiling under the surface. Gary stated that this mining operation
is part of an old study that paid to pave the road in the past and would choose to keep that rather than pay for
a new traffic study as requested by CDOT. There will be no product shipped on 71st Ave, the only fencing
will be wildlife friendly and CAMAS will follow the seed mix as required by the Department of Mineral and
Geology.
Cristie wanted to know what was intended by the statement of rezoning the 17 acres for residential. Gary
stated that this meant if they chose to do this in the future, the landowners would not fight the development
if lots were 2.5 acres or larger. Arlan asked for the difference between this permit and the original USR. Gary
stated they are adding approximately 47 acres total, with 38 acres being mined.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ray
Sears, a landowner south of the FRAM landowners and between the two areas of mining, had several
questions concerning this permit. He wanted to know what would happen to the water table, how much water
this use might place in his southwest pasture. Further, he is very concerned with the floodway issue. Ray also
wanted to know at what point it would be acceptable to contact the company when concerned with flooding.
Stephen Mokray asked Sheble McConnellogue, Department of Public Health and Environment, if her
department is concerned with the septic. Sheble replied that all septics in that area should be constructed
with backflow preventers. Al Arriessecq, a landowner in the area, stated he is concerned with the berming
being washed downhill, not being wildlife friendly enough, and that the new development is not sensitive to
surrounding landowners. Richard Goetsel, property owner to the northeast of the mining, is concerned the
new drains may not be capable of draining his land effectively. He questioned whether the land would be
pumped if the drains do fail to work. Mr. Goetsel is also concerned that flooding will not be addressed unless
the flooding reaches 18" above normal as outlined by Gary Tuttle in the floodplain model.
Gary Tuttle stated that these reservoirs are sealed and will not affect the groundwater after mining is finished
and CAMAS will be carefully monitoring the wells and would be happy to add Mr. Sears'well to the monitoring
system. Cristie asked how long the wells will be monitored. Gary stated that they will be monitored at least
a year, some even longer than that. Gary wanted to add that the surrounding property owners are encouraged
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 6
to call the supervisor of the CAMAS site to fix problems associated with mining as it affects their water.
Stephen Mokray asked how the lakes will be sealed. Gary stated that the lakes will be backfilled and sealed
to the bedrock and the reservoirs must stay empty 90 days to measure any leaks. Gary further stated that
the riparian areas will not be disturbed and that CAMAS is going to be doing constant fine tuning on the water
piping plan as the tiles are uncovered in order to drain the land properly.
Kyle Whitaker, Engineer for TuttleApplegate, stated that the pipe drainage plan will be modified as changes
are discovered with tiles under the ground. Kyle further stated that the 18"is dealing with on top of the regular
12" inches that would normally be expected in that area. Kyle stated that the company will pump the water
if drainage becomes an issue. Discussion followed concerning the drop from the drainage pipes to the river
and if this could be a problem. Gary stated that they have an obligation to return the water to the river,
therefore, the drainage will be a problem well addressed by the company.
Fred Walker had questions concerning the setback from the homes being closer than 200'. Gary stated that
the Department of Minerals and Geology allows closer setbacks with property owners written permission or
with an approved slope study, which CAMAS has supplied. Fred also asked if the water table records would
be open for the landowners. Gary answered that these records are entered with the Department of Minerals
and Geology once a year.
The chair asked the applicant if the Conditions of Approval and Development Standards were acceptable.
Gary had concerns on several standards. First, if they could repair equipment after dark,which Cristie stated
is allowed as part of the permit. Sheble McConnellogue asked if there would be oil and lubricants involved
in the maintenance. Gary stated there would be. Sheble requested an addition of a waste management plan
to the permit. Gary was also concerned with the need to fund a new traffic study as they were part of a past
road improvement district and that the roads are county roads. Don Carroll, Public Works, stated that they
had requested this per the CDOT referral as the trucks will be traveling along US Highway 34. The applicant
feels they would be paying for a study that would benefit many simply because they have a permit in the works
at this time.
Discussion followed concerning the reseeding mix,with the Department of Mineral and Geology being the final
choice as they are the authority on reclamation. Kim stated that Sheble wanted to add item P to Condition
of approval#3 concerning a waste management plan.
Cristie Nicklas moved to add Condition of Approval#3 P. 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
Cristie Nicklas moved to require copies of maps and documents stating the changes to the original AmUSR-
897, including the agreement between CAMAS Colorado, Inc. and FRAM. 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; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker,
yes. Motion carried unanimously.
Discussion covering CAMAS's responsibility to pay for a traffic study ensued, with the point made that they
are already paying a use tax, which should cover CDOT's own traffic study.
Bryant Gimlin moved that Case AmUSR-897 be forwarded to the Board of County Commissioners along with
the Conditions of Approval with the addition of#3 P, Development Standards and the additional maps and
documents requested with the Planning Commissions recommendation of approval. Stephen Mokray
seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
February 15, 2000
Page 7
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; Bryant Gimlin, yes; Cristie Nickles, yes; Fred Walker,
yes. Motion carried unanimously.
Fred Walker commented that he wanted the Board of County Commissioners to consider Mr. Goetsel's
concerns about the tiling.
Bryant Gimlin wanted to commend CAMAS on working so hard with the surrounding property owners to
alleviate their concerns.
Meeting adjourned at 5:10 p.m.
Respectfully submitted,
yo„.391/0
Trisha Swanson
Secretary
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