HomeMy WebLinkAbout982066.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 6, 1998
A regular meeting of the Weld County Planning Commission was held October 6, 1998, in Room#104, Weld
County Centennial Building, 915 10th Street, Greeley, Colorado. The meeting was called to order by Vice-
Chair, Jack Epple, at 1:35 p.m.
ROLL CALL
Marie Koolstra Absent
Jack Epple Present
Glenn Vaad Present J q
Cristie Nicklas Present +
Fred Walker Present T " — 0
Bruce Fitzgerald Present mEll F n O
Michael Miller Present ,'; s >c_
Stephan Mokray Present
Arlan Marrs Present
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Also Present: Monica Daniels-Mika, Director, Scott Ballstadt, Planner II, Sheri Lockman, Planner, Ben Patton,
Planner, Department of Planning Services; Bruce Barker, County Attorney;Trevor Jiricek, Health Department;
Don Carroll, Public Works; Wendi Inloes, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on September 15,
1998, was approved with corrections.
CASE NUMBER: S-469
PLANNER: Ben Patton
APPLICANT: Larry Intermill
REQUEST: Change of Zone from A(Agricultural)to E(Estate)for a 5-Lot Minor Subdivision
LEGAL DESCRIPTION: Lot A of RE-2130; situated in part of the SW4 of Section 20, T6N, R64W of
the 6th P.M.,Weld County, Colorado.
LOCATION: North and adjacent to Weld County Road 66; approximately 1/4 mile east of Weld County
Road 51.
Ben Patton, Department of Planning Services, presented Case S-469. Ben read the recommendation into
the record and stated that the Department of Planning is recommending approval of the application along with
the Conditions of Approval.
Steve Stencel, representative of the applicant, stated that they would like to make a change to Lot 3 by moving
the building envelope more to the east of the easement, to stay off an existing underground gas/oil line. Mr.
Stencel stated they were in agreement with staff recommendations.
Fred Walker asked about Lot A of the Recorded Exemption, and when was it created. Steve stated the total
parcel is 86 acres, and the original RE was done about a year ago.
Michael Miner asked if the original home site on the property would remain. Mr. Stencel said it would stay as
it was a provision in the original recorded exemption. A 60-foot easement for access is also being provided.
Fred asked how wide the irrigation ditch on the site was and any access to it. Mr. Stencel explained there
was 20 foot irrigation easement from middle of ditch, and the ditch was approximately 3 feet wide. The ditch
is concrete on the west side and dirt on the east side. Larry Intermill, applicant, explained that the ditch on this
property irrigates the property itself and does not go past the property, therefore limiting access.
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 6,1998
Page 2
Ben Patton added that there had been changes to the Conditions of Approval, #5H was added regarding the
mineral owners. Ben also said that wording throughout the Conditions refer to as Change of Zone and should
read Final Plat.
The Vice-Chair asked if the applicant was in agreement with the Conditions of Approval as amended. Mr.
Intermill stated he was in agreement.
Glenn Vaad moved that Case S-469, be forwarded to the Board of County Commissioners along with the
addition and changes to the Conditions of Approval and the Planning Commissions recommendation of
approval. Christie Nicklas seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad, yes;Arlan Marrs,yes; Cristie Nicklas, yes;Stephan Mokray,yes; Michael Miller, yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes Motion carried unanimously.
CASE NUMBER: USR-1199
PLANNER: Sheri Lockman
APPLICANT: Western Mobile, Inc.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for Open Cut Gravel
Mining to combine USR-397, USR-809 and USR-1132, as well as add 98 acres not included
in prior permits.
LEGAL DESCRIPTION: Part of Section 4, T2N, R68W, and Part of Section 9, T2N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of Weld County Road 7 and south of and north of Hwy 119
Sheri Lockman, Department of Planning Services, presented Case USR-1199. Sheri gave background
information on the site and explained that the purpose of this application was to combine three existing
permits into one and add 98 acres, not previously permitted. Sheri then read the recommendation into the
record. The Department of Planning is recommending approval of the application along with the Conditions
of Approval and Development Standards. Sheri stated there had been changes to the original comments with
the addition of Condition of Approval#2i.
Stephan Mokray asked if there had been any previous complaints or violations on the current operation. Sheri
stated she was not aware of any.
Glenn Vaad asked about the purchase of Western Mobile by a different company, and would this affect the
use of the permit. Bruce Barker stated they would need to ask the applicant to address the transfer of
ownership and the series of events that will be taking place.
Bruce also asked that the Board ask the applicant to address the issue of the mining reclamation permit.
Mike Hart, representative of the application, addressed the ownership concerns. Mr. Hart stated that
LaFarge has purchased the assets of the company Redlands, which Western Mobile is a subsidiary. The
reason the'application is being applied under the name of Western Mobile, is that all the legal documentation
establishing LaFarge as the corporate entity in Colorado, was not completed at the time of application, and
since it is still an on going process, the name Western Mobile should be used. Mr. Hart added that it would
be a straightforward administrative process to make the name change.
Sheri Lockman told the Board that there is not a non-transferable clause. Therefore, there should not be any
problems with the change in ownership, as long as the Conditions of Approval are followed. Bruce Barker
added that there should be something provided when the succession has taken place, and the Conditions of
Approval and Development Standards should reflect the change in ownership with the proper documentation.
Mr. Hart then presented into the record, a slide show of the site, giving an overview of the application and an
explanation of what they are planning to do.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 6,1998
Page 3
Mr. Hart explained that currently all that is on the site is a wash plant, and at this time there is not a ready mix
or asphalt operation, although there has been approval to do so. Mr. Hart stated that they are in the process
of an amendment to the existing permit to include the two parcels, with the Division of Minerals and Geology
that would be submitted this month.
Glenn Vaad asked Mr. Hart about Condition#2i, page 6, regarding trails and wildlife, and asked what his
understanding was. Mr. Hart explained he had received the addition the day before, and that most of the land
is not owned fully by Western Mobile, but by other property owners. They have been in contact with other land
owners regarding the reclamation for recreation and wildlife, but no discussion on trails. Mr. Hart feels that
the reclamation provides for habitat for wildlife with the wetlands being created. Mr. Hart stated he is also not
familiar with the Southwest Weld Legacy Grant as referred to in#2i.
Monica Mika, Department of Planning, explained that the reference was made for future uses. Monica said
that the reference to the standard regarding the grant should probably not be included, and only refer to the
addressing of wildlife and trails.
Mr. Hart asked that#2i be amended to state within the applicants ability to do so, because of the fact that the
lands are not owned by the applicant.
Fred Walker stated that he does not feel the condition should be included because of the fact that Western
Mobile does not own all of the land, and such conditions should be on the owner of the land, not the user.
Arlan Marrs agreed with Fred with the comment that it is one more step down the road of coercing applicants
to donate land for trails and open space, and to avoid this, also feels#2i should be left out.
Fred also made the comment that throughout the process, referral agencies are given time to respond to
applications. As seen before, the applicant is not aware of additional conditions until the day of the hearing,
and feels this is wrong and would like to see this addressed by the Planning Department in the future, to give
applicants more time to respond. Sheri explained that the conditions were faxed to Mr. Hart in the morning,
the day before the hearing. Fred stated he feels that the applicants come unprepared to the hearings with
such short notice. Mr. Hart added that the information had been provided in the most timely manner within
Sheri's ability, but not feel it was enough time to fully respond to the changes. In general, Mr. Hart looks to
get comments as far in advance as possible so he can come prepared to address the issues throughly and
accurately, and 24 hours is a short time frame.
Mr. Hart also asked that Condition#2A page 5, regarding the 404 Clean Water Act permit from the Corps of
Engineers. Mr. Hart stated that they have four current permits related to the various parts of this project. Mr.
Hart stated that at this time it is not clear if additional 404 permits will be needed. Mr. Hart suggested keeping
the language in the Development Standard#18 and removing Condition#2A, meeting future County concerns.
Bruce Barker stated that the Development Standard would cover the issue, or suggested changing the
language from applying for a permit to submitting evidence. Mr. Hart had a concern that by leaving the
Condition, the permit could not go forward until the issue is addressed.
Stephan Mokray asked about concerns from the City of Longmont regarding animal and plant species on site,
setbacks, and the relocation of the conveyor from the Boulder Creek.
Mr. Hart explained that they have no reason to believe that there is habitat on the two species being referred
to. The 404 permits would have addressed the issue, and where the surveys were required, no species were
present. Mr. Hart stated there was no specific identification on the species for the City to have concern. The
range of where the plants and animals exist,with the area they are in, Mr. Hart feels is too low in altitude and
too dry. Mr. Hart then addressed the setback concern, which would refer to the added parcel of the northern
23 acres, and they have addressed this by staying as far away from the riparian corridor and existing trees
as possible, and only 10 acres of this area will be affected. Mr. Hart explained that the issue of the conveyor
was determined by the safest way, and felt by going under the Highway was the way to go, and is not sure
where the City's concems are coming from, and would have benefited with additional information. Mr. Hart
added that they do have the proper permits from CDOT.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 6,1998
Page 4
Jack Epple asked how old the current permits were. Mr. Hart said that USR-397 is the oldest, dating back
to the late 1970's, and the other two in 1997. Jack then asked about the Minerals and Geology permit and
Mr. Hart explained that the first permit was issued along with USR-397 in 1979, and USR-809 in 1987. Jack
wanted to verify that if there is a species problem,that a study is being done. Mr. Hart stated they do the study
annually, and feels they have actually provided for habitats since being at this location.
Mike Miller asked about the Development Standards referring to different setbacks that are being required
with no reference to setbacks to property lines. Monica responded that the language is standard for a 25-foot
setback. Mike asked about the 50-foot easement regarding Highway 119. Monica explained that the 50 feet
would be determined by taking the road right-of-way and future road right-of-way out of that and add the
additional 50 feet on top of the edge of the easement. Mike also asked about concrete and asphalt plant, and
why this was not included in the application. Monica explained that there should be language added to include
the concrete and asphalt plant in the recommendation. Mike then asked if the concrete/asphalt can only be
located in a certain area. Sheri stated that USR-1132, is the parcel where the plant would be located, being
limited to that parcel only.
Arlan Marrs asked if the Conditions of Approval and Development Standards could reflect back to USR-1132
for the location of the site. Mr. Hart explained they want to continue with what has been approved, and add
to the new permit the two parcels.
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.
Arlan Marrs moved to delete Condition of Approval#2i. Cristie Nicklas seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad, yes; Arlan Marrs, yes; Cristie Nicklas,yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs moved to delete Condition of Approval#2A. Bruce Fitzgerald seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray, yes; Michael Miller,yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Monica suggested the following language for Development Standard#1 be added at the end saying "herein,
the location of the asphalt and batch plant is limited to the area previously permitted under USR-1132".
Bruce Barker had the following language for the addition of Condition of Approval #4, "The applicant is
currently in process of being acquired by another company. At such time as the acquiring company becomes
officially recognized by the Colorado Secretary of State, shall provide notice of such recognition to the
Department of Planning Services staff, and submit to the staff copies of its Articles of Incorporation and
Certificate of Good Standing.
Arlan asked about language stating that the new conditions and standards will be conveyed to the new owner.
Monica explained that the Development Standards do run with the land, and even though the different users
may change, the Development Standards and goals will apply for the use permitted. Bruce added that a
standard can be placed restricting transfer; however, the position of Planning is that unless a condition is
placed, then a transfer of use is permitted.
Mike asked for clarification that if someone comes in and apply for a transfer of the permit, they would be able
to do so without any changes. Bruce stated this was correct.
Moved by Arlan Marrs to add the language to Development Standard#1, and the addition of Condition of
Approval#4. Glenn Vaad seconded the motion.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 6,1998
Page 5
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Monica also asked that the language adding the asphalt and concrete batch plant be added into the
description of the application.
The Vice-Chair asked the Mr. Hart if he was in agreement with additions and changes to the Conditions of
Approval and Development Standards.
Fred Walker moved to add the language into the description on the asphalt and concrete batch plant. Cristie
Nicklas seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad, yes;Arlan Marrs,yes; Cristie Nicklas, yes; Stephan Mokray,yes; Michael Miller, yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Glenn Vaad moved that Case USR-1199, be forwarded to the Board of County Commissioners along with the
additions and changes to the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Stephan Mokray seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald,
yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 2:55 p.m.
Respectfully subm' ed
Wendi Inloes
Secretary
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