HomeMy WebLinkAbout982169.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 20, 1998
A regular meeting of the Weld County Planning Commission was held on October 20, 1998, 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-Chair, Jack Epple, at 1:30 p.m.
ROLL CALL
Marie Koolstra Absent
Jack Epple Present
Glenn Vaad Absent
Cristie Nickles Present o :; "rLl
Fred Walker Absent z c w o
Bruce Fitzgerald Present Fri o r)
Michael Miller Present C
Stephan Mokray Present
Arlan Marrs Present 1c.. --
CO
Also Present: Scott Ballstadt, Planner II, Anne Johnson, Long-Range Planner, Ben Patton, Planner, Eric
Jerman, Planner, Department of Planning Services; Lee Morrison, Assistant County Attorney; Don Carroll,
Public Works; Sheble McConnelouge, Health Department; Wendi Inloes, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on October 6, 1998,
was approved as read.
CASE NUMBER: S-449 (Continued from the April 7, 1998 hearing)
PLANNER: Scott Ballstadt
APPLICANT: JER, a Partnership
REQUEST: Major Subdivision Preliminary Plan for Hill-n-Park 5th Filing containing 18 lots with R-5 Zoning
LEGAL DESCRIPTION: Part of the SW4 of Section 26, T5N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to 47th Avenue and north of and adjacent to Mesa Verde Drive
Scott Ballstadt, Department of Planning Services, presented Case S-449. Scott gave an overview of the
application, and stated the Department of Planning is recommending approval of the application along with
the Conditions of Approval. Scott then read the recommendation into the record.
Mike Thomas, representative of the application, gave an explanation of the proposed 18-lot subdivision. Mr.
Thomas explained that they are allowing either stick built or newer modular homes for the development,
which is consistent with the 4th filing development which is to the north. Concerns from property owners are
mainly on the use of land and an existing access problem onto Kiowa Drive located to the northwest, into
Arrowhead Subdivision,which has been an ongoing problem. They have a ditch, gate and fencing currently,
but the gate is being left open by adjacent property owners, the Sangers, allowing access, and Mr. Thomas
does not know what else to do to prevent access. Mr. Thomas feels once development begins and fences
are built, the traffic should stop. The only other option would be to ditch the area further. Water will be
provided by the City of Evans and sanitation provided by West Hill-n-Park Sanitation. Requests from the
Department of Planning regarding lot line easements and building envelopes have also been addressed.
There is currently an existing row of tress that would eventually hang over the road, and these will be removed
and replaced on the back side of the lots.
Stephan Mokray asked what types of trees these are. Mr. Thomas stated they were blue spruce and pines
which are 6 to 7-foot tall and 3 to 4 feet in diameter.
Mike Miller asked if they were going to remove the existing trees and replant,or plant new. Mr.Thomas stated
the current plan is to relocate the existing trees.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
&mi 0 / 982169
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 2
Cliff Call, property owner in the Arrowhead Subdivision, had concerns with access, and the increase of traffic
cutting through onto Kiowa Drive becoming a problem. With the growth of Hill-n-Park, there will be more
problems. Mr. Call stated that this is a trespass problem, and asked why a north access cannot be provided
from Hill-n-Park to 37th Street. Mr. Call feels that as more development is approved, the bigger problem this
will become that is difficult to deal with and does not feel the streets are designed to handle it.
Don Carroll of Public Works explained they have looked at the area, but stated there is nothing planned in the
future to expand 47th.
Mr. Call also asked about notification to property owners within 500 feet, and said that two owners present
had not been notified.
Scott Ballstadt asked for the names of these people, which were Larry Torrez and Vince Mincic, and clarified
that Larry and Beverly Torrez and Sherry Mincic were on the mailing list as to being sent.
Larry Torrez, also an Arrowhead property owner, also had concerns of the traffic. Mr. Torrez explained that
there is a gate with several locks, but it is open all the time, allowing for traffic to get through.
Mike Miller asked Mr. Torrez if the gate remained closed, would this solve the problem. Mr. Torrez said it
would. Mike then asked what the gate is used for. Mr. Torrez explained that the only people that use it are
the Sangers, which Elmer Lundval allows Mr. Sanger to use to get to his property. So the gate is actually on
Mr. Lundvals property, which he allows Mr. Sanger to use.
Mike Thomas addressed the access problems, explaining that 47th Avenue is dead ended at this time, and
the right-of-way is an easement and there is not dedication to the north at this time. For years people have
driven through fences and ditches to get onto Kiowa Drive in Arrowhead. Several years ago a three-foot ditch
had been trenched along with a fence and locked gate. The developers do not use this gate, and to his
knowledge the Sangers are the only users. They have rebuilt the stretch numerous times, but people still gain
access one way or another. Mr. Thomas feels that once homes are built, restricting access,will help. Another
option would be to restrict access of the gate to the Sangers. By extending the ditch, Mr. Thomas feels this
will cause some difficulties getting utilities in.
Arlan Marrs asked if as lots are developed, the only access would be straight on through 47th, and a gate
there would limit access. Arlan also thought a gate at the end of Kiowa Drive may help. Mr. Thomas stated
this would not be reasonable due to the Sangers use the access with another owner, and a resubdivision was
recently approved which would need to use the access, which may stop traffic once those lots are built on.
Arlan also asked about fencing along the north property line along with the trees. Mr. Thomas does not feel
this falls in their plan of what they are wanting to do, and chain link fencing has been torn down in the past.
Mike Miller asked if the gate would be eliminated after homes are built. Mr. Thomas stated that it would not
and would still provide access for the Sangers. Mike then asked how the building of homes will eliminate
access. Mr. Thomas explained that home owners will not allow people driving through their property. The
only reason for the gate and the use by the Sangers, is only an accommodation from Mr. Lundval for easier
access, and if the property is sold, the new owner may not allow the access to continue.
Cliff Call, stated that all lots can be built on, but this will not stop people who will go through the gate.
Lee Morrison stated this problem has a long history,and since the building of the 1st filing of Hill-n-Park, it has
been a condition by the Commissioners that no accesses be allowed through from 47th to Kiowa, and that
the developer control the traffic. Lee said that it is further complicated by the fact that the property owner who
is not connected with the development is the one allowing access. Lee then asked Mr. Thomas if the Mr.
Lundval is a partner in the corporation, Mr. Thomas said he was but his land is separate from the corporation.
Arlan Marrs asked if is it appropriate to ask for the lot line to the north be fenced to stop the access. Lee
explained that they need to judge whether it is reasonable or not and as far as being legal, Lee said it was.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 3
Mike Miller asked if any effort has been made to identify and prosecute the people tearing down fencing and
trespassing. Mr. Thomas explained there had not, unless a policeman is placed out their days on end, and
feels it is excessive and the answer is developing.
Arlan Marrs moved to place a Condition that along the north property line a 6-foot wood privacy fence be
constructed along the entire length of the property. Cristie Nicklas seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Cristie Nicklas,yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple,
yes. Motion carried unanimously.
Arlan then commented that this will be no guarantee that this will keep the traffic from going through, but with
the building of the lots and fence, it will go a long way, cutting down on safety concerns, and it is not
uncommon to ask for the outside perimeters of a subdivision to be fenced off.
The Vice-Chair asked Mike Thomas if he was in agreement with the Conditions of Approval. Mr. Thomas
stated he was, but does not feel the addition will solve the problem, and will also not be able to go the entire
property line because of Ashcroft Draw and a 100-year flood easement, but will go as far as possible.
Arlan Marrs moved that Case S-449, be forwarded to the Board of County Commissioners along with the
Conditions of Approval along with the addition of Condition of Approval#2a, and the Planning Commissions
recommendation of approval. Mike Miller seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple,
yes. Motion carried unanimously.
CASE NUMBER: Z-514 (Continued from the September 15, 1998 hearing)
PLANNER: Eric Jerman
APPLICANT: Dale and Loretta Burman (Big Sky Properties)
REQUEST: Planned Unit Development Change of Zone to create four(4) E(Estate)zoned lots and one
(1)A(Agricultural)zoned lot
LEGAL DESCRIPTION: Part of the E2 of the SE4 of Section 5, T4N, R64W of the 6th P.M., Weld
County, Colorado
LOCATION: North of and adjacent to Weld County Road 48 and west of and adjacent to Weld County
Road 53
Eric Jerman, Department of Planning Services, presented Case Z-514. Eric stated the Department of
Planning is recommending approval of the application along with Conditions of Approval. Eric then read the
recommendation into the record. Condition #1A which does not appear in the application is as follows:
Section 21.5.1.3 -Adequate water and sewer service can be made available to the site to serve the uses
permitted within the proposed zone district. However, The State Division of Water Resources has requested
that Central Weld County Water District submit a water report detailing quantity of water available from the
District (Section 30-28-136(1)(h)(11)C.R.S.). The Department of Planning Staff will not accept a Final Plan
applicationlor Big Sky Estates until the State Division of Water Resources indicates in writing to the Planning
Department that Central Weld County Water District has met the requirements of the referral letter dated
August 17, 1998. Eric explained that CWWD is aware that they are 14 years overdue turning in this report
to the State, and Planning has decided not to hold up the Change of Zone for this problem.
Dale and Loretta Burman, applicants, had a comment regarding the water issue, and stated they should not
be punished for a 14-year delay by CW WD . Mr. Burman wanted to know if they were the first applicants that
have had the water issue problem. Eric said that they had been, but that the report can be given over the
telephone once they have some numbers from CWWD. Mr. Burman said that he has spoken with John Zadel
of CVWVD, and was told that they are working on the problem.
'2� /(oJ
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 4
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bruce Stradley, spoke against the application and feels that he is being crowded out. Homes, traffic, noise
and animals are all increasing. With all the recorded exemptions going on, the more homes that come in, and
Mr. Stradley feels is becoming overwhelming and forcing agricultural out of the area.
Clair Orr, was not against the application, but had concerns on restricted covenants. Mr. Orr does not want
to see homes built that will devalue surrounding property. Mr. On-is also concemed with a hill and the safety
on WCR 53, it is hard to see and there has been one fatal accident already.With the increase in traffic, there
is a concern with safety of children being picked up on the school bus. Mr. Orr then asked why there had
been no notification regarding the continuance of this case. Lee Morrison explained that if there is a
continuance done with time certain, re-publication or surrounding property owner notification is not required,
and only if a person is at a hearing would know when the next one was. As far as covenants, Lee explained
that they would be made part of public record at the final plat, and the County does review certain things like
maintenance, landscape, or any ongoing obligation of the homeowners, but do not enforce them.
Jack Epple asked if WCR 53 is paved. Mr. Orr stated it was. Don Carroll addressed the concern on WCR
53, and said the main access for the proposal will be off of WCR 48 and no direct access onto WCR 53. Mr.
Orr asked where the buses will come in off of. Don explained that this is determined by the School District,
and the proposal does allow adequate turn around if needed.
Peggy Koontz spoke against the application, saying that she moved to the country to get away from
subdivisions in Greeley, and feels that the openness and quiet is being taken away from them. Arlan Marrs
asked Mrs. Koontz if they were told when they bought the property that the surrounding area would not be
developed. Mrs. Koontz said that they had knowledge of any developments.
Mr. Burman addressed Mrs. Koontz's concern, and feels that this subdivision will provide for others to also
move to the country. As far as the types of homes, they are giving size restrictions. They will also have
animal restrictions and will have to fence animals out per the open range law. An open space trail will also
will be decided by the homeowners association.
Arlan asked the Burmans if they would be willing to talk to neighbors on input of modifying the covenants.
They stated they would be open to any suggestions.
The Vice-Chair asked the applicants if they were in agreement with the Conditions of Approval. They stated
they were in agreement.
Arlan Marrs moved that Case Z-514, be forwarded to the Board of County Commissioners along with the
Conditions of Approval, and 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; Cristie Nicklas, yes; Stephan Mokray,yes; Michael Miller,yes; Bruce Fitzgerald, yes; Jack Epple,
yes. Motion carried unanimously.
CASE NUMBER: USR-1200
PLANNER: Ben Patton
APPLICANT: Dacotah Cement
LEGAL DESCRIPTION: Part of the N2 of Section 25, T2N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Cement Transfer
Facility.
LOCATION: East of and adjacent to Weld County Road 59, north of and adjacent to the Burlington
Northern Railroad.
odl(09
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 5
Ben Patton, Department of Planning Services, presented Case USR-1200. Ben stated that the Department
of Planning is recommending approval of the application, along with the Conditions of Approval and
Development Standards. Ben then read the recommendation into the record, and said that there had been
a change in the request from a single dome to two separate domes, and should not create a major change
as long as the domes are of lesser height and comparable intensity.
Jack Epple asked if there has been any communication with Town of Keenesburg regarding possible
annexation. Ben said that the applicant had attended a meeting with the Town the night before and that the
applicant could go into detail about the meeting. Ben understood that the Town did not have a problem with
the use itself, but with the effect on the amount of trucks that are generated, and the industrial nature of the
use and how close it is to town. Jack then asked about a road maintenance agreement. Ben explained that
it has not been submitted yet, but had been discussed, and they are willing to pave WCR 59.
Tom Merigan, representative of the applicant, gave some background information on Dacotah Cement. The
company is familiar with the process of all permits needed to comply with requests from the State, Federal,
and County levels. There will be two trainloads of cement per week to come into the facility, and this will not
tie up the railroad crossing. Hours will be from 6 a.m. to 6 p.m., with off loading taking place in this time
frame, and will be done in an inside facility. There will be no mixing of materials,just storing.
Dan Baker, representative of Dakotah Cement,was present for questions. Jack Epple asked Mr. Baker about
the dust process. Mr. Baker explained that the storage domes have dust collectors that handle four times
what the production of dust is, and that there will be no dust problems. Mr. Baker then entered into the record
pictures of other plants they have, and showed on the map how their route will go.
Cristie Nicklas asked about once the cement is loaded onto the trucks and hauled out of the facility, will they
be going through the Town. They will be going down WCR 59 onto the main street and out onto Hwy 76, so
they will be going through Town, but do not impact the School District, which had been a concern. Cristie
then asked about the meeting with the Town.
Martin Shoneman, had attended the Town Council meeting, and the main concem from the Town was on the
maintenance of the routes and the extra traffic. The Town had expressed interest in annexation.
Arlan Marrs asked what happens if in the future their plans change and it affects the intersections on Hwy 298
and the railroad tracks. The applicants did not feel that their would be any problems.
Mike Miller asked if they are running their own trains. The applicant explained the power will be provided by
Burlington Northern, and it has not been decided on where cars will come from. Mike then asked about the
domes and how the transfer will take place. The applicant explained that the material will be brought into a
private elevator, then transferred into the dome.
Stephan Mokray asked about safety concerns. Mr. Baker stated there were none and had been none in the
past as far as explosions.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Kordes, Mayor of Keenesburg, stated they had concems at the beginning of the application, but since
meeting with the applicants, they would like to annex them into Keenesburg. There are future plans to put
in a new grade school. Mr. Kordes feels this will benefit the Town bringing in revenue, and would like time
to come up with an agreement on an annexation.
Tom Herrigan stated that they are willing to discuss an annexation, but does not want to delay their process
at this time.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 6
Jack Epple asked Lee Morrison if they do annex, what happens to USR application. Lee explained that if an
annexation is approved, that the Town of Keenesburg would have to adopt either the current conditions from
Weld County, or they would have to initiate a zoning process when the annexation occurs. The annexation
process would probably take a month to two months for the annexation process. Jack asked if the permit is
approved, and the applicant does not want to be annexed, can a Development Standard be added for the
applicants to communicate with the Town. Lee said they could explore the annexation possibilities before the
County Commissioners hearing, but would prefer the comments come from the Planning staff.
The Vice-Chair asked if the applicants were in agreement with the Conditions of Approval and Development
Standards. Mr. Baker stated they were in agreement.
Man Marrs moved that Case USR-1200, 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-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple,
yes. Motion carried unanimously.
CASE NUMBER: AmUSR-672
PLANNER: Anne Best Johnson
APPLICANT: Al Challenger
LEGAL DESCRIPTION: Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Amendment to a Site Specific Development Plan and Use by Special Review Permit(USR-
672) for a Sand and Gravel Mining Operation (reduction to the total acreage and changing
from wet to dry mining) in the A(Agricultural)zone district.
LOCATION: South of and adjacent to Weld County Road 54 and west of and adjacent to Weld County
Road 15-1/2.
Anne Best Johnson, Department of Planning Services, presented Case AmUSR-672. The Department is
recommending approval of the application along with the Conditions of Approval, with the deletion of#I, and
Development Standard. Anne then read the recommendation into the record.
Gary Tuttle, representative of the applicant, gave an overview of the application. This site was first permitted
in 1985,and the only changes they are asking for from the original permit, is to remove some land and change
from a wet mining operation to a dry mining operation. Mr. Tuttle pointed out on a map what the site both
current and future looks like, and where the mining will take place. A State Mining permit is currently in place
and they are in the process of amended this permit as well. There will be no change in the number of
employees, production, equipment, hours,or haul operation. Mr. Tuttle stated they have read the Conditions
of Approval and Development Standards, and are in agreement with those. The only concern was with a
Flood Hazard Development Permit, and this has been addressed. Mr. Tuttle then addressed concerns from
surrounding property owner, Mr. Kammerzell, on the river flow and flooding. A pond that was mined previously
has been completed where the flooding was a concern, and a trench will be placed from the river to the pond
to reduce this problem.
Stephan Mokray asked Mr. Tuttle the difference between wet and dry mining. Mr. Tuttle explained that In a
dry operation they would de-water the area being mined getting down In the pit with a backhoe to dig the
material, pumping water into a pond. A wet operation drops a bucket through the water and dig it up.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jacob Kammerzel, had concerns with flooding onto his property from the river, and stated he would have no
problem if there were no changes in the flow of river. Mr. Kammerzell into the record pictures of the flooding.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
October 20, 1998
Page 7
Mike Miller asked Mr. Kammerzell if the mining has made the flooding worse. Mr. Kammerzel stated it had.
Mr. Tuttle explained to Mr. Kammerzell that there will be no mining at the area of his concerns, as this has
been mined. Mr. Tuttle then showed Mr. Kammerzell on the map what they have already done and what they
will be doing.
The Vice-Chair asked Mr. Tuttle Gary if the applicant was In agreement with the Conditions of Approval and
Development Standards. Mr. Tuttle stated they were.
Mike Miller asked Mr.Tuttle why they are decreasing acres to be mined. Mr.Tuttle explained that Mr. Coulson
felt there was too much overburden and not as good of material, and that also some of the property to the east
of the railroad tracks, has been sold. Mike then asked if there would be any proposed mining on surrounding
property In the future, Mr. Tuttle stated there would be no mining.
Mike Miller moved that Case AmUSR-672 , 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; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce Fitzgerald, yes; Jack Epple,
yes. Motion carried unanimously.
Meeting adjourned at 3:35 p.m.
Respectfully sub i ted
Vl�
Wendi Inloes
Secretary
M
Hello