HomeMy WebLinkAbout990974.tiff L r'I"IT'
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEcT1NG, n 3 :r ,., 3! 24
Tuesday, April 20, 1999
CLERK
A regular meeting of the Weld County Planning Commission was held Tuesd OApt 2 X1899 in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Vice-Chairman, Jack Epple, at 1:35 p.m.
ROLL CALL
Marie Koolstra Absent
Jack Epple Present
Cristie Nicklas Present
Fred Walker Present
Bruce Fitzgerald Present
Michael Miller Absent
Stephan Mokray Present
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Eric Jerman, Planner, Ben Patton, Planner, Sheri Lockman, Planner, Julie Chester, Planner,
Department of Planning Services; Lee Morrison,Assistant County Attorney, Bruce Barker, County Attorney;
Trevor Jiricek, Health Department; Drew Scheltinga, Public Works; Jennifer Mehring, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on April 6, 1999,was
approved with grammatical corrections.
CASE NUMBER: USR-1220 (continued from the April 6, 1999 hearing)
APPLICANT: Ademar Construction
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Part of the NW4 of Section 35, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Batch Plant
located in the MUD.
LOCATION: East of and adjacent to 1-25 frontage Road and approximately 1/2 mile south of WCR 20.
Eric Jerman, Department of Planning Services, asked that Case USR-1220, be continued to the May 4, 1999,
hearing. Eric stated that Department of Planning Services Staff considers the application to have several
complications. Therefore, Staff is asking for the continuance to allow Ademar Construction time to bring the
application into compliance with the Weld County Zoning Ordinance and the Mixed Use Development plan.
The applicant is aware of the request for the continuance and is in agreement with staff's request.
Stephan Mokray asked Eric if this was the second continuance of this case. Eric replied that it is was.
Stephan then asked if he felt the applicant was sincere in completing the application. Eric said that they have
yet to get back to him, and was not sure what their future plans were as far as completing their application.
The Vice-Chairman 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 that Case USR-1220, be continued to the May 4, 1999, hearing. Stephan Mokray
seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
03J i 990974
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 2
CASE NUMBER: Z-524
APPLICANT: Western Dairymen/ Idaho Creek
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD (Residential) for 360 lots in the MUD.
LOCATION: Approximately 1/8 mile south of State Hwy. 119, and approximately 1/8 mile east of WCR 7.
Ben Patton, Department of Planning Services,asked that Case Z-524, be continued to the May 18, 1999, due
to the absence of Transportation Consultant Review Comments.
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.
Bryant Gimlin moved that Case Z-524, be continued to the May 18, 1999, hearing. Cristie Nicklas seconded
the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
N CASE NUMBER: Z-523
APPLICANT: Don Carlisle
PLANNER: Ben Patton
LEGAL DESCRIPTION: Lot B of AmRE-140; Part of Lot 5 of SE4 of the NE4 of Section 5, T5N, R65W
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from C-1 to C-3.
LOCATION: East of and adjacent to St. Ave. Greeley; Approximately 1/8 mile north of 5th St.
Ben Patton, Department of Planning Services, presented Case Z-523. Ben read the recommendation into the
record and stated that the Department of Planning Services is recommending approval of the application,
along with the Conditions of Approval and Development Standards. Ben added that the applicant did submit
a copy of the septic permit after the packets were mailed out, therefore that the condition the Health
Department had included in their referral response will not be required.
Don Carlisle, applicant was present and had no comments.
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.
Jack Epple asked Mr. Carlisle if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Carlisle stated that he was in agreement.
Stephan Mokray moved that Case Z-523, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 3
"s' CASE NUMBER: USR-1224
APPLICANT: Roy T. Nelson
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-1670 being part of the N2 of NE4 of Section 8, T4N, R64W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a Public
Recreational Facility (Roping Arena).
LOCATION: West of and adjacent to Weld County Road 53 and south of and adjacent to Weld
County Road 48.
Sheri Lockman, Department of Planning Services, presented Case USR-1224. The Department of Planning
is recommending approval of the application, along with the Conditions of Approval and Development
standards. Sheri then read the recommendation into the record.
Roy Nelson, applicant was present and had no comments.
Arlan Marrs asked Roy Nelson,to explain his intentions and to address the concerns the surrounding property
owners have stated in their letters. Mr. Nelson explained that on the drainage problem, they had constructed
a trench with berms, but it did fail this spring. He said after talking with Trevor Jiricek, Health Department, they
will reconstruct a drainage pond to keep that from reoccurring. Mr. Nelson said that as far as the roping goes,
there will be small ropings for the local people. He added that the application stated there will be 200 people
and 60 participants at each event, and that will be very accurate.
Arlan Marrs questioned Mr. Nelson about how many steers he is allowed on his property. Mr. Nelson replied
that according to the Zoning regulations they are allowed 273 animals on their property. They currently have
around 200 steers and a couple of horses. Mr. Nelson stated that in the summer time they turn all their cattle
out in the pasture and they will have about 100 steers out there to do their roping.
Arlan Marrs asked Mr. Nelson if they were turned out on the native grass area. Mr. Nelson explained that they
he has another pasture south of this area and the cattle will be hauled to that pasture.
Arlan Marrs asked if the remaining property is in some kind of natural grass coverage. Mr. Nelson said yes
and then explained that when he purchased the property it had been over grazed and nothing but noxious
weeds grew on it. He then contacted Boyd Carl who plants dryland grasses, and Mr. Carl told him to graze
it off and he would do a no till seeding on the property. They did what Mr. Carl recommended, but they got
very little rain last year and very little grass had come up. They will continue to reseed until they grow grass
on their property.
Arlan Marrs inquired if Mr. Nelson thought the grass would help with the dust problem and the blowing sand.
Mr. Nelson replied that they live in the country and dust will always be a problem. But they will do what they
can on their property to try to control the dust problem and the grass should help.
Arlan Marrs asked how often the roping events will take place. Mr. Nelson said that they plan on four ropings
this year because of the late start and six ropings next year. He added that the roping events will only take
place on the weekends. Arlan Marrs then asked Mr. Nelson if they were going to have practices out there and
how often. Mr. Nelson said that they weren't sure if they were going to do that at all, but if they did it would
be one night a week. Arlan Marrs questioned the number of people that would be at each practice. Mr.
Nelson replied 15-20 people.
The Vice-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
April 20, 1999
Page 4
Wendy Harper, surrounding property owner, stated that she and her family live to the south of Mr. Nelson's
property. They had many concerns regarding the roping arena. She added that their concerns were also
addressed in the letter she wrote to the Department of Planning Services. Mrs. Harper then reiterated the
concerns addressed in the letter. The Harper residence was established prior to Mr. Nelson purchase of his
property. Nine new home sites were also constructed before his arrival. They fear negative effect on property
value and quality of life. The majority of the neighbors enjoy the quiet country life and the roping arena will
cause an intrusion of their privacy. The Harper's share a'/:mile long property line with the Nelson's, therefore
they will be the neighbors who will be most negatively impacted by the roping arena. The wind blows primarily
from the north and the Nelson's overgrazed property has become a nuisance when the wind blows. The
Harper's did make a complaint to Weld County last spring, because nothing came about this,the blowing sand
and debris have worsened. Mrs. Harper then noted that top soil is not the only thing flying through the air, but
also cow manure. If trucks and trailers are allowed on his property during these events, then the blowing sand
and trash will only continue to worsen. The Harpor's are currently trying to seed their property and the blowing
sand will have a negative impact on their efforts. The soil in their area is very sandy and very delicate, which
makes it hard enough to make anything grow. Mrs. Harpor went on to explain that all the feedlot drainage
from Mr. Nelson's property ends up on their property. Mr. Nelson's trench containment system plan along the
south side was accepted by the County. It was recommended by the County that the trench be constructed
the full length of the corrals,which was not done. On April 14, 1999 the Harpors contacted the Weld County
Board of Health. Mr. Jiricek and Ms. Exby came out to inspect the situation. They found contaminated water
running off the Nelson's property onto the Harpors property. It is evident that the trench containment system
failed. The last concern Mrs. Harpor had was the lights and loudspeakers. The policing of these events will
be left up to the neighbors. In conclusion Mrs. Harpor stated that events like these should be held at large
facilities.
Cristie Nicklas asked Mrs. Harpor what the blowing sand was like on the property prior to it being overgrazed.
Mrs. Harpor admitted that there has always been blowing sand onto their property but feels like it has
worsened since Mr. Nelson purchased the property.
Cristie Nicklas asked Mrs. Harpor if she had an arena. Mrs. Harpor replied that she did. Cristie then clarified
that Mrs. Harpor's husband was a steer wrestler. Mrs. Harpor said yes. Cristie asked Mrs. Harpor if they had
friends with trailers that contain horses that come over to practice. Mrs. Harpor answered yes. Cristie Nicklas
then asked if Mrs. Harpor had Cattle. Mrs. Harpor replied yes, they have seven.
Bryan Gimlin asked Mrs. Harpor what all the debris consisted of. Mrs. Harpor said that it is a mixture of dust,
sand, manure and trash. She went on to explain that their fear is that after a couple of weekends of events
the problem is going to worsen.
R.C. Harpor, surrounding property owner, stated that Mr. Nelson's property was made for a feedlot not a
roping arena. His main concern is the drainage into his property from the corrals that were placed next to the
Harpors property line.
Trevor Jiricek commented on Mrs. Harpors testimony regarding the drainage to be fairly correct. He verified
that they did receive a complaint last spring on the discharge from Mr. Nelson's property. Trevor added that
Mr. Nelson did submit a plan of correction. He clarified that Mr. Nelson is not required to put in a lagoon. He
is only required to keep his waste water on his own property. Trevor went on to explain that he didn't hear
anything else about Mr. Nelson's property until April 14; 1999. Because a year had passed without any other
complaints, the Health Department assumed everything was working. After receiving the call Trevor and Ms.
Exby went out to observe. Trevor added it was very obvious that Mr. Nelson's discharge had drained into the
Harpors property and they confirmed that the water had come in contact with manure. Trevor stated at that
point they wrote a letter to Mr. Nelson on April 14, 1999, to readdress the problem more aggressively.
Stephan Mokray asked Trevor how he thought they should control this drainage problem. Trevor answered
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 5
that he felt that a lagoon sized for a 25 year, 24 hour storm event would be adequate. That way if they get
up to three inches of rain it will be captured in the lagoon. Trevor said that he did recommend this to Mr.
Nelson originally, but his pins were built so close to the property line that he didn't have enough room.
Stephan Mokray then asked Trevor what prevented Mr. Nelson from moving the fence line. Trevor stated
absolutely nothing, except for expense. Stephan then asked Trevor if wind breaks would help the situation
as far as the wind and drainage. Trevor replied that it would not help the drainage and wouldn't hurt the wind
situation.
Stephan Mokray stated that the soil Conservation District recommended planting trees to break the wind and
help minimize the dust problem. Trevor explained that the Health Department does not play a role in that kind
of dust blowing complaint. This particular case was dealt separately with the Commissioners last year.
Lee Morrison, Assistant County Attorney, said that the dust blowing process is a stagetory process, and the
record shows that there was a complaint about a year ago. The Soil Conservation District basically does the
field work on behalf of the County. After certain work was completed, the board on April 15, 1998 dismissed
the matter. The County's authority is limited in this area, because nobody can guarantee that the dust will stop
blowing. The County can only make sure the client is trying and working on fixing the problem. Lee Morrison
stated that exhibit#23 shows the resolution of the Board of County Commissioners regarding dust blowing.
Stephan Mokray said that the trees would be both as a noise barrier and a wind break.
Karen Bowen, surrounding property owner, said that their property is to the west of Mr. Nelson's. She
addressed her concerns about the noise and the value of their property will decrease. Mrs. Bowen concluded
that the roping arena will affect their way of life negatively.
Jack Epple asked Mrs. Bowen how long has she been a resident of her property. Mrs. Bowen replied that they
have lived there since August of 1996.
Fred Walker asked Trevor if the applicant could do a line. Trevor stated that under capital they are not
required to do a line unless they exceed a thousand animal units.
Stephan Mokray asked Trevor if the lagoon was to be put in, if it would be required to be designed by an
engineer. Trevor responded that it didn't, but the Health Department would recommend it to be a 25 year, 24
hour lagoon. Trevor noted that on April 15 and 16, they received less than an inch of rain out on Mr. Nelson's
property, and the drainage was terrible.
Mr. Nelson commented that he had thought that the ditch would be sufficient for the drainage, but agreed that
it did fail. He said he currently has a plan to build a lagoon pond and will reinforce the lagoon by utilizing the
ditch to the south of his property.
Fred asked Mr. Nelson if the lagoon would be placed in the 32 feet between the corrals and property line.
Mr. Nelson replied that the lagoon will be placed inside the corrals and the ditch will run along the fence line
to his property. They will place a lagoon big enough to solve the drainage problem.
Stephan Mokray stated that there are three basic complaints about the arena, the drainage, the debris, and
the noise. He then questioned how Mr. Nelson felt about the wind breaks. Mr. Nelson answered that he
thought that was a good idea. They had originally planned on planting trees on the north and south side of
the arena. Stephan Mokray asked Mr. Nelson what irrigation he would use to keep the trees alive. Mr. Nelson
replied that they don't currently have irrigation on their property, but they have water from a water main that
they would use.
Stephan Mokray asked Mr. Nelson what time would the events be taking place. Mr. Nelson answered that
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 6
on weekends it would be from 9:00 a.m.-12:00 a.m. (midnight) and on weekdays from 6 p.m. to 10 p.m.
Stephan Mokray asked if Mr. Nelson would be okay if they were to change the time on the weekends from
9:00 a.m. to 10:00 p.m. Mr. Nelson replied that he is willing to comply with any condition he is required to
meet.
Mr. Nelson noted that the feedlot and the drainage problem will be addressed even if the Special Use Permit
is not granted. The cattle will be kept on this property regardless of the Special Use Permit, because that is
the business the Nelson's are in.
Cristie Nicklas commented that from her experiences at these outdoor events, the decibel levels for the noise
will not be a problem for the neighbors.
Jack Epple asked Mr. Nelson if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Nelson stated that he was in agreement.
Stephan Mokray moved to add wording to Condition of Approval 2.A. It should read, "The applicant shall
submit a manure and wastewater management plan to the Weld County Health Department for review and
approval. The Plan shall include drawings and a written text that describe how manure and wastewater
generated on site will be stored, managed, removed, land applied, etc. In addition the plan shall include the
design and installation of a lagoon(s)that can retain the discharge from 25 year-24 hour storm event from the
feedlot and arena portion of the facility. The plan should also specifically describe how the facility will prevent
any discharge of wastewater from the facility in excess of what is allowed by the Confined Animal Feeding
Operation Control Regulations(5 CCR 1002-19). The plan shall be approved by the Weld County Health
Department. Evidence of Health Department approval shall be submitted to the Weld County Planning
Department. (Health Department)". Bryant Gimlin seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Stephan Mokray moved to change Development Standard#13, the hours of operation on weekends shall be
from 9:00 a.m. to 9:00 p.m. and on weekdays from 6:00 p.m. to 9:00 p.m. There was not a second to the
motion.
Fred Walker asked if Friday night is considered a week night or weekend. Sheri answered that the applicant
had agreed that Friday night would be considered a weekday.
Arlan Marrs asked Staff to show on the map exactly where the feedlot, arena and surrounding property
owners homes are located. Sheri stated that the Planning Commission members had a copy of the plat map
in their packets, and then pointed them out on the overhead.
Mr. Nelson questioned Development Standard#5, stating that the constructed restroom facilities will be in the
announcer's stand. He noted that the announcer's stand will just be a small stand where the announcer and
timer will stand. Mr. Nelson clarified that the announcers stand and restroom facilities will be separate.
Trevor stated that they picked the announcer's stand because it was centrally located, so the restroom facility
needs to be within 200 feet of the arena. Mr. Nelson asked if they wanted to change the wording.
Trevor recommended taking out the wording "for the proposed announcer stand".
Mr. Nelson said the p.a. system they will use can be manipulated. They plan on setting the speakers up so
the backs of the speakers are facing the surrounding property owners.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 7
Bryant Gimlin questioned the impact of 200 people and the 60 contestants and the vehicles that will be on the
grassy parking area. What will the vehicles do to Mr. Nelson's dust control measures? Sheri answered that
the best dust controlling method according to the Soil Conservation District is the grass. They came up with
the 200 maximum people from similar past cases and it is right in line with those cases. Bryant asked if Mr.
Nelson had enough room for parking. Sheri stated yes.
Arlan Marrs asked why staff did not have any recommendations for parking. Sheri said that Mr. Carroll, Public
Works, felt that the grass was adequate.
Cristie Nicklas stated that in the past Staffs recommendations for parking was based on the frequency of the
use.
Arlan Marrs said that it is up to the property owner to help alleviate the concerns from the surrounding property
owners.
Fred Walker moved on Development Standard#5, to delete the wording"for the proposed announcer stand".
Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Fred Walker moved that Case USR-1224, be forwarded to the Board of County Commissioners along with
the ammendments to the Conditions of Approval and the Development Standards with the Planning
Commissions recommendation of approval. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1225
APPLICANT: Wilma Pyle
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-548 Being Part of the NW4 of Section 2, T5N, R64W of the 6th
P.M., Weld County, Colorado:
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support
and Service (Hauling of Crude Oil) in the Agricultural Zone District.
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent to Weld County
Road 62.
Sheri Lockman, Department of Planning Services, presented Case USR-1225. Stating that the Department
of Planning Services is recommending approval of this application, along with the Conditions of Approval and
the Development Standards. Sheri then read the recommendation into the record. Sheri noted that she
included the chronological history of the business owned by the Pyle's, and the resolution from the Pyle's last
Special Use Permit.
Stephan Mokray asked Sheri if any traffic studies have been conducted. Sheri replied no, and explained that
Don Carroll, Public Works, has only requested the applicant apply dust suppressant. Stephan Mokray
questioned the access and egress into the property because it is narrow. Sheri stated that it is narrow, but
it would not be impossible for the trucks to enter onto the property.
Fred Walker asked Sheri about Condition of Approval H,justifying the occupants of the trailers as employees
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 8
by submitting evidence of their tax records. Sheri said that the applicant's can choose which type of evidence
they want to use. This Condition of Approval was taken directly out of the Mobile Home language the
Department of Planning Services uses in permitting accessory to farms and other mobile home uses. Fred
Walker asked what the other options the applicant can use to submit evidence. Lee Morrison, Assistant
County Attorney, explained that the evidence only needs to indicate the employment relationship of the party
working for the applicant on the farm.
Wilma Pyle, applicant, described their business as a small trucking business that hauls crude oil in and out
of the surrounding areas.
Bruce Fitzgerald asked Mrs. Pyle if the mobile homes were currently existing on the site. Mrs. Pyle replied
that they weren't mobile homes, one is a fifth wheel camper trailer, and the other is a small pull camper trailers
that are currently on the property and in use.
Stephan Mokray asked Mrs. Pyle if her residence was sharing the same septic system with the camper
trailers. Mrs. Pyle said that each of the campers are self-contained.
Arlan Marrs asked Mrs. Pyle how the trucks run in their business. Mrs. Pyle explained that they have five
trucks that carry crude oil and they leave the yard every morning and return every evening. They have two
belly dump trucks. Both of the trucks leave the yard for five days and return for two. They leave on Monday
and return on Friday evening, that way they can be maintained over the weekend. Arlan asked what times
the trucks leave in the morning. Mrs. Pyle replied that the time depends on the job the truck needs to get to,
but it ranges from 2:00 a.m. -7:00 a.m.
•
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
Don Mc Clowsky, surrounding property owner, stated that he lives to the south of the Pyle's property which
makes him the Pyle's closest neighbor. Mr. Mc Clowsky said that he had several concems. The diesel fumes
from the trucks fill their house. The Pyle's property is fairly small, will the trucks have room to turn around?
The access to the Pyle's property is over a culvert that was designed for farm trucks and tractors. The Pyle's
said that the trucks weigh 18,000 pounds and they are crossing over that culvert at least twice a day. The
ditch that runs through the culvert contains irrigation water. If the culvert was to break, Mr. Mc Clowsky's
crops would be at a loss of water, not to mention the contamination of the water from the oil trucks. Mr. Mc
Clowsky then addressed the fact that there is no fire hydrant near the Pyle's residence, after all the trucks are
carrying crude oil. Mr. Mc Clowsky stated that in the winter they park the trucks to the north of their property
but in the summer they park the trucks to the south of their property which is by Mr. Mc Clowsky.
Jack Epple asked Mr. Mc Clowsky if the fumes were as bad in the winter as they are in the summer. Mr. Mc
Clowsky said that he wasn't sure because he kept his windows closed in the winter.
Fred Walker asked Mr. Mc Clowsky how long he has lived at his residence. Mr. Mc Clowsky said that he built
his home in 1988. Fred Walker asked Mr. Mc Clowsky if he created the recorded Exemption lot. Mr. Mc
Clowsky answered that the Recorded Exemption was created before he moved out there.
Mr. Mc Clowsky commented that the Pyle's have done quite a bit on their property without a permit in the four
years that they have lived out there.
Bryant Gimlin questioned if they have had problems with the trucks going up and down the road or noise from
the trucks. Mr. Mc Clowsky said that in the summer, there is noise from the shop until at least 7:00 p.m.
Bob Wardlaw, surrounding property owner, said that he has lived on his property since 1972. His concern is
that nobody notified the lateral ditch company. He stated that these hearings make people vs. people which
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 9
makes it difficult to get along with neighbors. He mentioned that all the surrounding property owners within
a two-mile radius signed a petition against this Special Use Permit because they felt this business did not fit
in their community. Mr. Wardlaw also explained that the surrounding property owners did research on the
former place the Pyle's conducted their business(LaSalle). He then read a letter from the former surrounding
property owners who had a negative opinion about the Pyle's business although the Special Use Permit was
granted to them. Therefore, Mr. Wardlaw felt that a second Special Use Permit should not be granted. He
added that so far, the Pyle's have not complied with the County' s rules and regulations.
Ruby Richardson, surrounding property owner, addressed her concerns with all the vehicles on the Pyle's
property. She also talked about the lights from the trucks that shine through her bedroom window as early
as 2:00 a.m in the winter. Mrs. Richardson added that the culvert was not made for the big trucks. She then
asked if the trucks were empty when they come into the yard. The noise from the trucks and the shop is
constant. She also stated that if they put screening around the property, it will cause a blind corner. Mrs.
Richardson then said that she had never seen pump trucks to empty the sewage from the trailers, and the
trailers have only been moved twice.
Fred Walker asked Mrs. Richardson if the lights only shine in her bedroom during the winter months. Mrs.
Richardson said that since they have applied for the Special Use Permit they have been more considerate.
Nancy Coalburg, surrounding property owner, said that she lives a mile east and one mile north. Her main
concern is the increase in traffic. These trucks drive fast and they make pot holes in the road. Her neighbors
have small children, and these trucks are dangerous for them. Mrs. Coalburg also said the noise level has
been really loud.
Deborah Johnson, surrounding property owner,explained that both her and her husband work graveyard shift.
She said that the Pyle's residence is like a 24-hour truck stop, even on Saturday and Sunday the trucks go
in and out.
Don Shoenlever, surrounding property owner, also stated that his main concern is the traffic. Weld County
Road 37 is full of potholes. He emphasized that these big vehicles are ruining the nice roads.
Jack Epple asked Sheri if she had any information on the history of the Pyle's business. Sheri said that she
included a chronological history of the applicant's past. They started out as a violation in 1990 at a different
location for this same business. The Pyle's came in and applied for the Special Use Permit and went through
the steps. Sheri added that the permit was granted and she had included the resolution from that hearing in
the packets. In June 1991 the violation was closed, after finishing the screening plan which was part of the
USR. In 1994, they vacated the U.S.R., because they sold the property and that was a condition of the USR,
that the business would not go with the property. In 1995, they bought the land where they are currently
located. A violation was issued in November 1998,for running this business without the Special Use Permit.
Sheri added that one of the ways to get out of the violation is to come into the department and apply for the
Special Use Permit.
Arlan Marrs asked Sheri if the number of vehicles allowed was covered in staffs comments. Sheri said no,
because they assumed that the parking areas that are written on the plat would limit the number of vehicles.
She added that a limit could be added in the Development Standards.
Arlan Marrs asked Sheri how many vehicles are currently out on the property. Sheri stated that she could only
go off of what is on the plat,when she and Don Carroll went out to do the field check, most of the trucks were
gone.
Stephan Mokray addressed his concerns from his field check. He said that there were four trucks on the
property. His main concern was the access onto the property because it is so narrow he saw it as a safety
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 10
issue.
Arlan Marrs asked if the Pyle's could access off of Weld County Road 62. Sheri stated that there is a legal
issue, the previous owners signed away legal rights to enter at that location because of drain title.
Arlan Marrs asked Sheri if the Pyle's could expand their access. Sheri said to her knowledge, she didn't
foresee a problem but, it would be up to Public Works.
Bruce Fitzgerald stated his concerns about allowing the tractor trailers on site. Sheri said that Staff
determined if they are attached to a legal water supply, and a septic system then they are allowable on the
property. Bruce Fitzgerald responded that he has never seen this kind of housing allowed for a commercial
endeavor. Sheri said that this is a Special Use Permit and it carries different rules.
• Cristie Nicklas asked that if they were to set the hours of operation from 5:30 a.m.-6 p.m., that those hours
would include maintenance on the trucks. Sheri answered that was the intention. Cristie Nicklas clarified that
it would be seven day week operation:
Wilma Pyle said that she has proof that the septic tanks are cleaned and the trailers are taken to Agland to
be cleaned out. Stephan Mokray asked Mrs. Pyle how frequently the tanks are cleaned out. Mrs. Pyle
answered once a month.
Stephan Mokray asked Mrs. Pyle how often the trucks were maintained on the property. Mrs. Pyle replied as
needed. She added that they don't allow the trucks to run for 24-hours, and they are empty when they enter
onto the property.
Stephan Mokray asked Mrs. Pyle if they wash the trucks on their property. Mrs. Pyle said that they take the
trucks to either the Del Camino Truck Wash or the Evans Truck Wash.
Bruce Fitzgerald asked Mrs. Pyle to clarify the reasoning for the violations. Mrs. Pyle admitted that she was
aware that she might need a Special Use Permit for the business. She added that the Realtor said that a
permit might not be needed because they were on a corner lot, and they followed the advise of the Realtor.
Fred Walker asked Mrs. Pyle if the truck's lights were shined into the neighbors house's as early as 2:00 a.m..
Mrs. Pyle said that it had happened in the past but they were trying to correct the problem.
Bruce Fitzgerald questioned if the trucks used the access off of Weld County Road 62. Mrs. Pyle answered
that once she found out they could not use that access, she blocked it off.
Arlan Marrs inquired that if the culvert was to break, if the Pyle's would be willing to replace it. She replied that
they would replace it immediately.
Man Mans then asked Mrs. Pyle if she had a limit to the number of trucks allowed on the property. She said
that they don't plan on buying any more trucks that seven were sufficient. Sheri added that if the Pyle's were
to add more vehicles that the Department of Planning Services would have to determine it was not a
substantial change.
Jack Epple asked Sheri if they received anything from Public Works on the road maintenance. Sheri said all
Public Works asked for was dust suppressant. Mrs. Pyle said that they plan on bringing in gravel and paving
part of the driveway.
Arlan Marrs asked Mrs. Pyle if the hours of operation, from 5:30 a.m. to 6 p.m. would work for the Pyle's
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 11
business. She responded that they could, but it would be very hard because of unpredicted events that might
take place.
Jack Epple asked Mrs. Pyle if she was in agreement with the Conditions of Approval and Development
Standards. Mrs. Pyle stated that she was in agreement.
Bryant Gimlin moved that Case USR-1225, be forwarded to the Board of County Commissioners with Planning
Commissions recommendation of denial, because of noise, hours of operation and fumes making it not
compatible with surrounding land use or property owners under Section 24.3.1.3. of the Weld County Zoning
Ordinance. Fred Walker seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, no; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack Epple,
no; Fred Walker, yes. Motion carried.
"4 CASE NUMBER: USR-1226
APPLICANT: Lighning Wireline, Inc.
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Part of the SW4 of Section 32, T5N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an oil and Gas
Support and Service.
LOCATION: East of and adjacent to WCR 39 and approximately 1/4 mile South of WCR 50 Y.
Eric Jerman, Department of Planning Services, presented Case USR-1226. Eric noted that the applicant is
actually Lightning Wireline. Eric stated that the Department of Planning Services is recommending approval
along with the Conditions of Approval and Development Standards. Eric then read the recommendation into
the record.
Bryant Gimlin asked Andy Peterson, applicant, to elaborate on the type of business Lightning Wireline, Inc.
is. Mr. Peterson explained that Lightning Wireline, Inc. provides maintenance to the oil and gas wells around
the area. They help keep the wells flowing and plug wells that have been abandoned.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lisa Spindler, surrounding property owner, addressed many concerns she had. What are the integrity and
methods the company is planning to use? What will the land surrounding the company be used for? They
have run the business for 10 months without the proper permits. If the property is going to be used for
storage, why are the applicants planning on building a shop? Mrs. Spindler added that this company will be
adding stress to the Railroad crossings. Will they apply dust suppressant to the roads? What will the traffic
be like on Weld County Road 50'/4? She questioned if the value of the surrounding land will decrease.
Todd Spindler, surrounding property owner, also addressed his concern on the use of the surrounding land.
He then asked why he wasn't notified that the land was split.
Eric Jerman replied that a Recorded Exemption was applied for in October 1998, and as part of the Conditions
of Approval for that Recorded Exemption, Planning Staff requested that this Special Use Permit application
be completed and the plat recorded prior to recording the plat for the Recorded Exemption. However, this
case was brought to the Board of County Commissioners a month ago and the Board ruled that the applicant
should go ahead with the Recorded Exemption prior to the completion of this Special Use Permit. Eric noted
that the Planning Department does not have a policy to notify the surrounding property owners for a Recorded
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 12
Exemption. The Recorded Exemption process includes one parcel being divided into two parcels.
Mr. Spindler asked Eric who owns the property. Eric replied that Wayne Howard owns this parcel.
Lois Martin Weber, surrounding property owner, she stated that she lived to the north of this property and
addressed her concerns with the oil trucks that drive up and down WCR 50 %. She added that both she and
her husband suffer from asthma, and the dust makes it unbearable. She then asked what will be done to the
road for the increased traffic.
Lyle Dickens, surrounding property owner addressed the same concerns the other surrounding property
owners had. He said that the railroad crossing is frequently blocked and understands why this company would
use WCR 50 '/2. He then asked the applicant to please help keep the dust to a minimal.
Shirley Hockaday, surrounding property owner, said that she lived across the tracks. She too addressed
several concerns that she had. The railroad crossing was recently fixed, and she is afraid that this company's
heavy equipment would damage the railroad tracks. Will the property value decrease? Mrs. Hockaday
commented that they all own water wells. Is Lightning Wireline going to be digging wells, and if so what will
become of their water wells? Is there a possibility the water could be contaminated by this operation?
Milton Holmes, said that he had the same concerns, but only addressed one. He stated that Weld County
Road 50 % is too narrow for Lightning Wireline's trucks to be driving on.
Jack Epple asked Eric if Lightning Wireline was currently operating in violation. Eric said that Lightning
Wireline is currently operating in violation and has been operating for ten months prior to obtaining an
application for the USR. Eric noted that the applicant came in and applied for the permit, as soon as they
were notified that they needed one.
Mr. Peterson explained that in November 1997 they have had this property under contract from Terra
Holdings. They came into the Planning Department and were told that they would need to apply for both a
Recorded Exemption and a Special Use Permit. Mr. Peterson noted that the Planner's advise was for Wayne
Howard to apply for the Recorded Exemption,and for Mr. Peterson to apply for the Special Use Permit. It was
also said that as long as there were no complaints that it should be okay for them to start operating their
business on the property. In 1998, they had additional delays prior to applying for the Special Use Permit,
which brings them to 1999. Mr. Peterson then addressed some of the surrounding property owner's concems.
He stated that this property is located right next to a railroad spur. Therefore, it is really noisy. As far as
vehicles, the company only has one semi-truck, the rest of the vehicles consist of pickup trucks. He then
noted that the company won't use Weld County Road 50'/z. It is his intentions to help controlling the dust on
Weld County Road 50 ''/3, by applying dust suppressant. Mr. Peterson then stated that they have to water
wells on their property and don't plan on drilling any additional wells. Their employees will be using the water
from the domestic wells. Therefore,they will not be contaminating the water. He then stated that they will be
storing, parking, and on occasion maintaining some of the equipment on the property.
Stephan Mokray asked Mr. Peterson what the hours of operation were. Mr. Peterson stated that the hours
were from 6:30 a.m to 5:00 p.m.
Jack Epple asked Mr. Peterson if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Peterson stated that he was in agreement.
Bruce Fitzgerald commented that there was not a Development Standard regarding the hours of operation.
Eric responded that in the past when they included the hours of operation in the Development Standards, they
are removed by the Board of County Commissioners during the Board hearings. Bruce Barker recommended
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 20, 1999
Page 13
that Staff continues to put the hours of operations in the Development Standard's and to let the Board remove
them. He then said to consider the Hours of operation as Development Standard#2.
Bruce Fitzgerald asked Mr. Peterson what hours he would be comfortable with. Mr. Peterson said that he
would ask for 6:00 a.m. to dark or 8:00 p.m.
Bruce Fitzgerald Moved to add a Development Standard as#17, and to renumber, the Development Standard
shall read"the hours of operation at the site shall be daylight hours". Stephan Mokray seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack Epple, yes; Fred Walker,
yes. Motion carried unanimously.
Bryant Gimlin moved that Case USR-1226, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack Epple, yes; Fred Walker,
yes. Motion carried unanimously.
Meeting adjourned at 4:48
Respectfully submitted
171O7
Jennifer Mehring
Secretary
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