HomeMy WebLinkAbout991761.tiff 875 West 64th Avenue
Denver.Colorado 80221
Phone(303)427-8472 Fax(303)427-8542
SIEGRIST COMPANIES
March 09, 1999
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, Colorado 80631
RE: Ademar Constuction - Case Number USR-1220
Siegrist Companies represents the property owners south and east of the Concrete Batch
Plant being proposed by Ademar Construction. Property owners represented by Siegrist
Constuction Co. include; St. Vrain Land Company, Constuction Leasing Investment Co.,
Robert L and Winifred I Siegrist, and Riverdance, LLC. Collectively these property
owners own a 500 acre development known as Riverdance (formerly Waterside), which is
currently in the planning process.
Planning for Riverdance has been completed in accordance with the guidelines established
in the MUD, as well as corresponding rules and regulations. The preliminary sketch plan
has been submitted to Weld County Planning, and comments have been received. Based
on comments received from Weld County the Riverdance Development Plan is being
refined, and will be resubmitted in the near future. The Riverdance Development Co, LLC,
plans to break ground with phase 1 in early 2000, pending Weld County approval.
We take exception to the proposed Concrete Batch Plant for several reasons. First, we
have completed our planning, and site layout, based on the MUD. The MUD was
developed by Weld County, in conjunction with comments from local property owners. As
you are aware, the planning undertaken by Weld County designing the MUD was
extensive, and was completed over a period of several years. The Concrete Batch plant is
proposed to be located in a planned Employment Center. The Development standards,
developed by Weld County and included in Section 2.2.1 of the MUD, clearly enumerate
the allowed uses in the areas shown as Employment Center. The construction and
operation of a Concrete Batch Plant is not an allowed use. This type of use was most
likely not included in the Employment Center list of allowed uses, due to the close
proximity of residential areas.
Our second exception, to the installation of the Concrete Batch Plant, is the visual impact
from both the primary access to Riverdance, as well as the new homes sites. We have
attached a Copy of the Landscape sketch plan for Riverdance (Waterside) with
accompanying photographs which depict the visual impact created by the Concrete Batch
Plant. All aspects of the visual appearance of Riverdance had been considered in the
EXHIBIT
991761
planning stages. The appearance of the entrance to Riverdance will be impacted from both
the frontage road and primary access road as photographs #1 and #2 demonstrate. In
addition, during the design and planing stages of Riverdance careful attention was given to
maintaining wetlands, as part of the development concept. Photograph #3 shows the
diminished view from the wetland area. Photograph #4 shows the view from the new
residential area. As you can see the new Concrete Batch Facility is located directly
between the residential area and Longs Peak.
Our third concern, is with the inherent problems associated with a Concrete Batch. Facility.
Dust from cement unloading, truck traffic, and aggregate stockpiles will be blown into the
new development, as Riverdance is directly down wind of the proposed Concrete Batch
Plant. Drainage from the site is also a concern. Contaminated water from concrete
washout, oil, grease and gas, and other contaminates could be washed into our wetland
area, harming the fragile environment we are tying to protect. In addition, noise from the
plant, loader and trucks, all of which have various types of alarms and warning devices,
such as backup alarms, will impact residents in the area. Although some noise should be
expected from the Employment Center, a facility such as the one being proposed, operates
outside of normal business hours. For example, it is standard practice to produce concrete
at 5:00 am which will be delivered to a project at 6::30 or 7:00. This would be an create a
undue burden for the homeowners in the area.
It is our belief that the issuance of a Use By Special Review Permit for the proposed
Concrete Batch Plant would greatly diminish the value of our property, which is being
developed in accordance the MUD. In addition, the proposed facility is not allowed by the
MUD plan.
If you have any questions or would like to visit the site please contact me at (303)
427-8472.
ely,
c ae . Siegrist
President
cc: Eric Jerman, Weld County Planner
Sharon Farzar, Zoning Compliance Officer
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ST. VRAIN CONCERNED CITIZENS
7050 I.mta Linda Ct.
l.mgnant CO 80504
303 833 2992
February 24, 1999
Ms Monica Daniels-Mika Weld County Pfannin
Weld County Dept. of Planning Services p Dept.
1400 North 17th Avenue
Greeley CO 80631 FEB 2 6 1999
Subject: Ademar Construction batch plant USR Ht i My
Dear Ms Daniels-Mika:
We would like to make the following comments relating to the above application:
Information should be obtained as to the nature of the equipment and structures necessary
and the quantities involved for the recycling of wastes into road base as stated in the
"Answers to USR application". This is a noisy, dust generating operation if on a large
scale.
Acceleration and turn lanes should be provided by applicant on 1-25 frontage road given
the anticipated volume of slow moving trucks that will be using the site. CDOT should be
alerted to any improvements that might be within the needed right of ways for the
improvements scheduled in the near future for 1-25 in this area.
The applicant should provide information as to the length of time the "portable" batch
plant will be in operation at the site.
The applicant should provide information as to the amount of water necessary for
operation of the plant as the Little Thompson water district letter implies that additional
capacity is not readily available.
The site lies within the MUD structural land use category of "Employment Center"
defined as "Any use of research, repairing, manufacturing, fabricating, processing,
assembling, or storage nature as long as the use is conducted entirely within enclosed
buildings"[italics and underlining for emphasis]. Confirm that the batch plant and other
operations applied for would meet this requirement of the MUD Development Standards.
Thank you for providing this information for our review.
Very truly yours,
St. Vrain Concerned Citizens
5/�C
J h S.`F 1 om
PC: BOCC.
PS: Please make this letter part of the record of any hearing relating to this USR
application.
Grant ♦ Grant LLP
MAIN OFFICE: DENVER OFFICE:
436 Coffman Street,Suite 200 410 Seventeenth Street,Suite 1200
Post Office Box 908 oept' e-mail: njm@grant-grans'.corn
Longmont,Colorado 80502-0908 pj
phone: (303)776-3100 May 3, 1999 �j\a��\� "Send Mail to Longmont Address
fax: (303)774-2349 ,c,‘ C
e-mail: law@ GCS
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1466 c) �q99
VIA FACSIMILE((970) 304-6498) �t�� 0• te
Weld County Department of Planning Services ��`�
Attn: Eric Jerman Qs.
1555 North 17th Avenue `_
Greeley, CO 80631
Re: Ademar Construction—Request for Special Use Approval
Case No. USR-1220
Dear Eric:
This office represents the owners of the Riverdance development located immediately to the
south and east of the proposed Ademar Construction concrete batch plant. The owners of the
Riverdance development request that the special use approval be denied for several reasons, the
most important of which is that the proposal is not in compliance with Section 2.2.1 of the Weld
County Mixed Use Development Plan(MUD).
A concrete batch plant is not a use allowed in an Employment Center as defined in the MUD.
Section 2.2.1 of the MUD identifies a list of the type of uses allowed in an Employment Center.
That list includes hotels and motels, restaurants, utility service facilities, police and fire stations,
and any use of a research, repair, manufacturing, fabricating, processing, assembling, or storage
nature as long as the use is conducted entirely within enclosed buildings. The intent of this
language clearly indicates that use within the Employment Center is acceptable only if high
impact uses (such as a concrete batch plant) are "conducted within enclosed buildings."
Further, the visual impact of the proposed concrete batch plant is in conflict with the intended
uses within the MUD Employment Center. Section 2.2.1 specifically states that an Employment
Center may accommodate high intensity industrial uses provided, however, that such uses
"create minimal negative visual impacts." In his April 6, 1999 letter to you, Michael Siegrist,
representative of the owners of the Riverdance development, enclosed several pictures displaying
the negative visual impact of the batch plant on their adjacent property. Such an intense
industrial use and its associated visual impact goes beyond the uses allowed by Section 2.2.1 of
the MUD.
Lastly, the noise, dust, traffic and drainage impact of the proposed batch plant will create an
unacceptable nuisance to the Riverdance development and other adjacent properties. The
Riverdance development is located both downstream and downwind from the proposed batch
plant. Drainage from the site will adversely affect the Riverdance property and its sensitive
wetland and other environmental areas. Further, the impact of concrete production., stock piling,
loading, unloading and delivery will create a severe dust and noise nuisance to the residents of
Riverdance. . EXHIBIT
l
Wallace H.Grant Cameron A. Grant Edward R.Coral) Tom R. Kiteley William J. McCarren
Estate and Financial
Planning Consultant
Page 2 Grant ♦ Grant LLP
5/3/99
The owners of the Riverdance development therefore request that the proposed Use by Special
Review Permit be denied because of clear conflict with the MUD and further because of the
severe adverse impacts that such a use will have on adjacent properties.
Very truly yours,
Grant & Grant, LLP
c
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Cam- @ron A C}r;�t
cc: Michael U. Siegrist (via facsimile)
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Phone(303)427-847-847 2
'.. Fax(303)427-8542
SIEGRIST COMPANIES
May 03, 1999
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, Colorado 80631
RE: Ademar Constuction- Case Number USR-1220
Siegrist Companies, representing the property owners south and east of Ademar and the
Riverdance Development Co. LLC, scheduled to be in attendance at the hearing before the
Planning Commission, concerning the above referenced case. We were, in fact, in
attendance at the originally scheduled hearing on April 6, 1999. The hearing was
postponed and we again scheduled to be in attendance on April 20, 1999 We were
notified by Eric Jerman that the April 20, hearing was again postponed until May 4, 1999.
Representatives of Siegrist Companies, however, have previous commitments
out-of-town and will be unable to attend the bearing. Consequently, we are providing our
comments in writing, for consideration by the Planning Commission.
We would like to briefly address three areas; long term planning for the Del Camino area,
allowed uses by the MUD plan, and lastly the proposed location of the concrete plant.
Siegrist Companies have owned property in the Del Canto area since 19,79. Some of the
property was purchased as gravel reserves, while other property was purchased to
supplement reclamation activities and end use plans- In the mid eighties, Siegrist
Companies and other land owners in the area, considered the long term needs of the Del
Camino area. One of the most substantial accomplishments of' this group was the
formation, construction, and operation of the St. Vrain Sanitation District.
Not only did property owners recognize the long term growth potential of the Del Camino
area, so did Weld County. To control growth, Weld County developed the MUD, which
encompasses the same area as the St. Vrain Sanitation District.
Although the proposed request for a Special Use currently before the Planning
Commission is a request for a single use, we believe that it is important to view the matter
in context with the history of the area_ In short, property owners and Weld County have
invested many years, time, and capital into long term planning for the Del Camino area. A
concrete plant, located in the area being proposed, was not part of the long term plans as
we understood them.
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The second issue we would like to address, is the intended uses outlined in the MUD for
Employment Centers. As we have stated in past, correspondence, we do not believe a
facility such as the one being proposed by Ademar, is allowed in an Employment Center.
We have attached a letter from Cameron Grant with Grant Grant, LLP, which further
addresses this issue.
The last issue we would like to address is the specific location of the plant on Ademar's
property. Had this review for Special Use occurred prior to construction of the plant, we
would have requested, assuming the Planning Commission considered allowing the
Concrete Plant in an Employment Center, that the plant site be moved to the north. You
will note on the attached Exhibit A, Ademar has located the concrete plant where it will
most impact our development. Should the Planning Commission find that Ademar's
Concrete plant is allowed in a Employment Center, we would request that the plant be
moved to the northwest corner of their property, where it will least impact the future
homeowners. In addition, we would also ask the Planning Commission to impose
buffering and landscaping requirements commensurate with industrial uses. Lastly, storage
of all aggregates, equipment, and other materials, as well as manufacturing of the
concrete, should be done in a enclosed building in accordance with Section 2 2.1 of the
MUD.
We thank the Commission in advance for their consideration of our concerns. In addition,
we apologize for not being able to be in attendance, however, the short notice and
continued changing of the hearing dates has created scheduling difficulties_ If I can answer
any questions I will be back in town on May 6, and may be reached at(303) 427-8472.
me
9hael . Siegrist
P sident
cc: Eric 7erman, Weld County Planner
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Table 2.1 Structural Land Use Densities 1
Land Ilse Categories Density and Zoning Les natlon
p ployment Center higher itw nskar commercial and industrial mix
Regional Commercial _ Medium intensity commetdai and industrial mix •
NeighborhOdd Censer Lower intensity commercial and residential mix
Residendal Residential mixed density
Limited Site Factors Agricultural uses, low density residential, primary drainageways,
filature riparian areas, floodplain and floodway overlays.
2.2 Structural Land Use Categories.
2.2.1 Employment Centers
The Structural Land Use Plan provides a unique opportunity to create major centers of
new employment in the MUD area. The creation of employment centers are linked and
orientated toward the network of regional and national roadways serving the area.
Employmeat Centers are orientated around major roadways to allow for goods and
services to the traveling public. These Centers may also accommodate high intensity
industrial uses which create minimal negative visual impacts.
Employment Centers characteristically have high transportation impacts and environmental
concerns such as noise, dust, and pollution, Even with the associated impacts, these
Corners are intended to proms pleasant and sett egvirotunents for employees and visitors
through plansaire and design standards. Outdoor eating and seating areas, pedestrian
routes within parking lots, and other pedestrian amenities should be provided for
employees and visitors. Employment Centers include, but are not limited to,the following
activities and services in higher density comtxtercial and industrial zone districts.
• Hotels and motels
• Restaurants, including dive-in-restaurants
• Utility service facilities
• Police and fire stations
• Any use of a research, repairing, manufacturing, fabricating, processing,
assembling, or storage nature as long as the use is conducted entirely within
enclosed buildings.
Mixed Use Development Plan Page 14
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