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HomeMy WebLinkAbout961406.tiff • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 6, 1996 A regular meeting of the Weld County Planning Commission was held August 6, 1996, in the County Commissioners' Hearing Room (Room#101), Weld County Centennial lding, 915 10th Street, Greeley, Colorado. The meeting was called to order by Vice-Chairman, Ann Garrison. Tape 507 Cristie-Nicklas Present Shirley Camenisch Present Jack Epple Present Marie Koolstra Present Arlan Marrs Present Ann Garrison Present Also Present: The summary of the last regular meeting of the Weld County Planning Commission held on July 16, 1996,was approved as read. 1. CASE: S-401 (Continued from July 16, 1996, regular scheduled meeting) PLANNER: Gloria Dunn APPLICANT: John T. and James I. Martin REQUEST: Major Subdivision Preliminary Plan LEGAL DESCRIPTION: Located in part of the SE4 of the NW4 and the SW4 of Section 12, T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 10 right-of-way; approximately 1/2 mile west of Weld County Road 37. Gloria Dunn explained that a Change of Zone for this site was approved by the Board of County Commissioners in October 1995. At the time of this approval the'standards for the urban growth boundaries were set at or within 3 miles from incorporated municipalities as opposed to the 1/2 mile standard established through the amended Comprehensive Plan. The Board of County Commissioners determined that the request satisfied the criteria for review to allow a zone change for this property from Agricultural to Estate zone use. The property is approximately 195 acres and 51 rural residential lots are proposed to be developed in 7 phases. The average lot size will be approximately three acres. In Phase 1, Tract A is proposed for open space recreational uses. The applicants have preliminarily designated this for horse riding. In Tract B, a 20 foot wide easement is set aside for maintenance of the Speer Canal and will exist on both-sides. The proposed water supply is a community well system from a series of seven wells and each well will serve no more than eight residences. A letter from the State Engineer confirms that the reduction in water usage proposed for irrigation use on the individual lots will be sufficient through the Lorimer Fox Hills Aquifer. The State Engineer letter emphasized that evidence of valid well permits, or a water court decree would be mandatory prior to any further review or approval by their office. Individual septic systems are the proposed sewer source. The Platte Valley Soil Conservation District had concerns regarding the use of septic systems in the soils that are on this site. The Environmental Protection Services referral stated that engineer design septic systems may be required in clay type soils, but that conventional septic systems should be suitable to serve most of the lots on this site. Ms. Dunn explained that the proposed access to the property will be from Weld County Road 35 on the west side and Weld County Road 10 on south side. The roads south from State Highway 52 and west from Weld County Road 37 to the two proposed entrances into the subdivision will be upgraded. The required 60 foot SA/M.476 961406 0g //qfg(, PLANNING COMMISSION MINUTES August 6, 1996 Page 2 right-of-way for the extension of these roads will be established through Deeds of Dedication from surrounding property owners. The applicants are aware that the completion of a road maintenance agreement with Weld County will be required prior final to approval of this subdivision. The Weld County Public Works Department, in compliance with Section 10 of the Subdivision Ordinance recommends internal streets within the major subdivision be paved and can be accomplished as each phase is developed. At the Change of Zone hearing with the Board of County Commissioners, it was stated that a lot for use by all the residences designated for common open space in the subdivision would be an appropriate use. Ms. Dunn explained that horse back riding was the proposed use for this lot, however no development plan has been submitted by the applicants for the open space area. Staff is recommending that a development plan such as a riding arena with fencing or other amenities be formulated and be submitted by the applicants at the Final Plat stage. An equestrian trail system which provides access from.the open space to all lots in the subdivision is also requested by staff. Staff has received-two letters of objection to the approval of this application. Ms. Dunn stated that it is staffs hope that the recommended Conditions of Approval will be effective in addressing the neighbors concerns. The Department of Planning Services is recommending approval with additions and changes to the Conditions of Approval, as follows: 1) Page 2, #d, 2) Page 4, #1-d, 3) Page 5, Letter i, #5 and#6. Marie Koolstra asked if curbs and gutters-will be required along the paved streets. Don Carroll explained that curbs and gutters will not be required. John Martin, the applicant, explained that this application is for a subdivision that was applied for sometime ago and they are working with the Department of Planning Services to meet all the requirements. Ann Garrison-asked who will maintain the proposed riding arena and bridle trail. Mr. Martin explained that the Homeowners Association will develop it in accordance with the property owners'wishes, and there would be covenants to protect the property from erosion. Arlan Marrs had concerns on provisions to prevent erosion. Mr. Martin explained that this is pasture land consisting of sagebrush and buffalo grass that has never been cultivated. Arlan Marrs asked if any of the three acre lots will be irrigated with domestic water. Mr. Martin explained that they will not be irrigated with domestic water and limited amountsof well water will be available for irrigation use. Arlan Marrs askedif the amount of water will be addressed in the-covenants. Mr. Martin explainedthat it would be. Ms. Dunn explained that staff has received information from the Soil Conservation District regarding xeriscaping and the types of grasses that can be maintained in this subdivision. The Department of Planning Services will incorporate this information into the Final Plat recommendation. 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. The Vice-Chairman asked the applicants if they were in agreement with the Conditions of Approval. Mr. Martin was in agreement with the Conditions of Approval, but expressed concerns on road paving in the subdivision. Ms. Dunn explained that the Change of Zone application wassubmitted and approved prior to the new Comprehensive Plan and Subdivision Ordinance, as amended. Paving streets in a major subdivision is now a part of these amended documents. Arlan Marrs motioned Case S-401, John T. and James I. Martin, be forwarded to the Board of County Commissioners with the Conditions of Approval and Development Standards with Planning Commissions recommendation for approval. Cristie Nicklas seconded the motion. PLANNING COMMISSION MINUTES August 6, 1996 Page 3 The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes; Marie Koolstra-no; Jack Epple-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Ann Garrison-yes. Motion carried with a vote of 5 to 1. 2. CASE: USR-1122 PLANNER: Keith A. Schuett APPLICANT: Rolland T. Jones and Mable Pittman REQUEST: A Site Specific Development Plan and a Special Review Permitfor an Agricultural Service Establishment(Auction Facility) in the A(Agricultural)zone district. LEGAL DESCRIPTION: Lots 9 and 12 in Vantage Acres Subdivision, Third Filing, located in part of the S2 of Section 17, T1 N, R65W of the 6th P.M., Weld County, Colorado LOCATION: 19273 197 Way Keith Schuett gave an overview of this application and explained that this property is approximately 2.5 acres in size. There are approximately 62 rural residences and 14 vacant lots in this subdivision. It is staffs opinion the applicant has not shown compliance with Section 24.3, of the Weld County Zoning Ordinance and that this proposal is not consistent with the Weld County Comprehensive Plan, Agricultural Goal#2. The Department of Planning Services feels the impacts on the roads, traffic, parking, and dust will not be minimal. The Hudson Fire Protection District addressed concerns of road congestion and additional impacts on service demands. A memo received from Don Carroll,Weld County Public Works Department, states this application is not compatible with future surrounding land uses. Mr. Schuett explained that the Department of Planning Services is recommending denial of this application. Ann Garrison asked if any auctions had been conducted on this facility. Mr. Schuett explained that one auction had been held on this-facility. Arlan Marrs had concerns on the parking and auction location on this site. Mr. Schuett explained that the northern half of the proposed site is for equipment and items to be placed and auctioned. The southern half of this site will be used for parking. Overflow parking will go on a lot owned by Mable Pittman. The applicant, Rolland Jones, explained that he would like to establish an auction business, operating six auctions a year at this location. This will be a first class business selling antiques, household furnishings, and farm equipment. The applicantwill maintain parking in the auction areawith overflow parking going to another lot. A catering service will provide food and there will be a sanitation system with porta-lets. Presently there are three accesses to this site. .Mr. Jones explained that there have been two auctions on site and one auction at another location in the surrounding area. Mr. Jones submitted 35 supportive statements of this application from people living within and outside of the 500 foot radius of this site. Mr. Jones addressed concerns on dust, traffic and road conditions and would consider buying a watering truck to eliminate dust problems. Arlan Marrs asked if there were any covenants in this subdivision. Mr. Jones stated the covenants to this area expired a year ago. Arlan Marrs asked when the covenants were in effect did they address concerns with commercial businesses in the area. -Mr. Jones stated he was not aware of any covenants addressing commercial businesses, but that there were numerous home businesses in the area. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. PLANNING COMMISSION MINUTES August 6, 1996 Page 4 George Kennedy, Barbara Perkinson, Chris Unrein, and Vicki Kennedy, surrounding property owners were not in favor of this application and had concerns on the following: Parking, noise, road conditions, traffic conditions, trash, and the time-frame of items being left on site. Ms. Kennedy submitted a petition with 52 signatures from surrounding property owners for denial of this application. Bill Diekroeger and Ken Fudge surrounding property owners in favor of this application explained traffic conditions, dust or trash were not a concern. Mr. Fudge explained that at the last auction 99% of the equipment sold, left the same day. Jack Epple motioned Case USR-1122, Rolland T. Jones and Mable Pittman, be forwarded to the Board of County Commissioners with Planning Commissions recommendation•for denial. Marie Koolstra seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes; Marie Koolstra-yes; Jack Epple-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Ann Garrison-yes. Motion carried unanimously. 3. CASE: USR-1121 PLANNER: Kerni D. Keithley APPLICANT: Anthony Gasparovich REQUEST: A Site Specific Development Plan and a Special Review Permit for an accessory building larger than 1,500 square feet(3,750 sq.ft.) to be used as storage for farm equipment and to house farm animals in the A(Agricultural)zone district. LEGAL DESCRIPTION: Lot 5 in Vantage Acres Subdivision, Third Filing, located in part of the S2 of Section 17, T1 N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to 195 Avenue; east of Western Drive; west of Vantage Drive. Kerri Keithley explained that this proposal is for an accessory building:larger than 1,500 sq.ft. in the agricultural zone district. The property is located on Lot 5, Vantage Acres Subdivision. The adjacent lot, is also owned by the applicant. The applicant is proposing to construct a 3,750 sq.ft. barn to store farm equipment and-to house farm animals. The Department of Planning Services reviewed this case and found the proposal to be consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. The Department of Planning Services staff is recommending approval with the following five Conditions of Approval and ten Development Standards incorporated in this application. Cristie Nicklas asked the total acres of the two lots. Ms. Keithley explained that the two lots combined equals approximately five acres. Anthony Gasparovich,the applicant, explained that the building will be an asset,and is replacing a lean-to that is in poor shape. The new building to be constructed is a metal per-fabricated building. Arlan Marrs asked what types of animals will be?in this building. Mr. Gasparovich stated there will be cattle and horses. 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. The Vice-Chairman asked the applicant:if he was in agreement with the Conditions of Approval and the Development Standards. Mr. Gasparovich was in agreement. PLANNING COMMISSION MINUTES August 6,1996 Page 5 Marie Koolstra motioned Case USR-1121, Anthony Gasparovich, to be forwarded to the Board of County Commissioners with the Conditions of Approval and Development Standards with Planning Commissions recommendation for approval. Arlan Marrs seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes; Marie Koolstra-yes; Jack Epple-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Ann Garrison-yes. Motion carried unanimously. 4. CASE: S-403 PLANNER: Todd A. Hodges APPLICANT: Meadow Vale Farms, Inc. REQUEST: PUD Final Plan for Filing 1, Meadow Vale Subdivision. LEGAL DESCRIPTION: Part of the SW4 of Section 4, T2N, R68W and Part of the SE4 of Section 5, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: North of adjacent to State Highway 119; west of and adjacent to Weld County Road 5.5. Todd Hodges explained that this is the final step in the P.U.D. process for this application. The Sketch Plan and the Change of Zone were previously done on this development. The Change of Zone was approved October 25, 1995. Access to this development will be from Weld County Road 5.5. The developmentis for an 89 lot subdivision with recreational open space and a school site located in the northeast corner of the property. This recommendation is for the final plan of 11 lots in the first filing. Staff is recommending approval with the following additions and changes to the Conditions of Approval as follows: 1) Page 1 Number of Lots, 2) Page 3, Letter D-5, 3) Page 4, Letter H, and-4) Page 5,#2Q and#6. Arlan Marrs asked if there-will be more than one water source for the exterior and domestic water m this subdivision. Todd Hodges explained that there will be two water sources to this subdivision. The Change of Zone for this application, reflected that the water storage would be on-site due to changes in the MUD area with Left Hand Water District. Left Hand-Water District is now proposing that the applicant purchase taps for pottable water and the storage will be located on another site within the MUD area. The existing irrigation water and stored water on site will be for irrigation-to the lots. Arlan-Marrs asked what the States views were on water usage:in this development. Mr. Hodges stated that the Colorado Department of Water Resources will only review the final plan of this development. At the final plan stage the applicants will have to meet the criteria of the waterdecree and usage amounts within these sites. Floyd Oliver explained that this property is owned by his wife and has been in the family for 70 years. The water that has been used in irrigating the farm will be used to irrigate the lots and open space area. Water consumption should be less-with the additions of roads and houses+in this development. Domestic water will be supplied from Left Hand Water District. Fire protection and irrigation will be supplied by a private fire protection irrigation system to be built in Phase II of this development. The first 11 lots will be supplied from a conventional fire protection system. Shirley Camenisch asked how the applicant will handle the master meter projected from Left Hand Water. Mr. Oliver stated that their engineers have calculated and Left Hand Water District engineers have concurred that a 1-1/2 inch water tap can service the 89 lot subdivision. Left Hand Water District will only be providing water for internal house use only. PLANNING COMMISSION MINUTES August 6, 1996 Page 6 Arlan Marrs asked if some road work has been completed on this site. Mr. Oliver explained that with the approval of the Weld County Planning Department and Weld County Public Works Department they have grated an entrance road. This was performed on their property at their own risk. 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. The Vice-Chairman asked the applicant if he was in agreement with the Conditions of Approval and Development Standards. The applicant was in agreement. Christie Nicklas motioned Case S-403, Meadow Vale Farms, Inc, be forwarded to the Board of County Commissioners with the Conditions of Approval and Development Standards with Planning Commissions recommendation for approval. Shirley Camenisch seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission-for their decision. Cristie Nicklas-yes; Marie Koolstra-yes; Jack Epple-yes; Arlan Marrs-yes; Shirley Camenisch-yes; Ann Garrison-yes. Motion carried unanimously. 5. CASE: 2ND AM-USR-778 PLANNER: Chris Goranson APPLICANT: Public Service Company of Colorado REQUEST: A Site Specific Development Plan and Special Review Permit for expansion of an existing blend plant for a Major Facility of a Public Utility in the A(Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 34, T1N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 4; east of and adjacent to Weld County Road 19. Ann Garrison stated that because this is an application for a Major Facility for a Public Utility, Planning Commission will be making the final recommendation. Chris Goranson explained that there°is a need to expand the existing compressor building an additional 75' X40' and install two additional 1,145 horsepower clean-burn processors. In addition, there will be 20'X40' storage building to be located on the west side of the expanded compressor building. The parcel size is approximately 8.3 acres. The previous amendment to this Use by Special Permit was for an addition of a compressor station and was last approved by the Planning Commission on July 6, 1995. The original Use by Special Review Permit was approved for Western Gas Supply Company on March 3, 1987. The Department of Planning Services staff considered the additions to the site requiring an amendment, due to the possibility of an increase in noise caused by the addition to the existing compressor building. Arlan Marrs was concerned if surrounding property owners were notified of this hearing. Chris Goranson stated that the Department of Planning Service's staff does notify all surrounding property owners with any type of Use by Special Review application procedure. Doug Dalton, the applicant, explained that the expansion area is due primarily to growth between Boulder and Denver. Last year they applied for an addition, and that addition was never completed. This amendment is for Public Service to finish adding on for the adequate facilities needed. PLANNING COMMISSION MINUTES August 6, 1996 Page 7 Arlan Marrs voiced concerns about the possible increase of the odorization of gas and what steps would be taken to minimize the impact of the odorization at the plant. Mark Shoeman, the engineer for Public Service, stated that the facilities at this site constructed in 1987 for odorization have remained in operation throughout this period. This application is solely restricted to adding equipment that ejects air. The type of equipment being used and added helps minimize the odor. The equipment has double enclosure piping valves to eliminate excess odor from being lost. The controls have a level of redundancies and back up on them to make sure that the odorant ejected is the accurate amount for the amount the gas being blended. There is containment on pressure relieving devices on the odorant system and enclosures around every odorant related piece of equipment. Public Service has their own internal standards for all the equipment used and the way that it is handled; however, the equipment on this site meets or exceeds the industry standards. Mark Shoeman assured that Public Service takes great measures to eliminate the release of the odorization. There are no plans with this application to increase the amount of storage or injection equipment at this site. Ann Garrison questioned the Health Department if there was a federal standard for the odor. Jeff Stoll stated that there is an Air Quality Control Commission Regulation #2 that deals with odor levels; however, there is not a specific standard for that compound. Arlan Marrs questioned what Public Service's plan was to alleviate as much noise as possible. Mark Shoeman stated that the three existing units on the site all use hospital grade silencers and they reduce the sound level from the engines to the lowest level one can possibly achieve. There were noise readings taken last year and Public Service was way below the 80 decibels at the site boundary. The two units that are being proposed to be added, both use hospital grade silencers. Other measures have been taken to keep the noise down, such as inside the building all walls are sound deadening walls with special insulation in the walls. 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. Jack Epple motioned to approve Case AmUSR-778-with the Development Standards. Marie Koolstra seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes, Marie Koolstra-yes, Jack Epple-yes, Arlan Marrs-yes, Shirley Camenisch-yes, Ann Garrison-yes. Motion carried unanimously. 6. CASE: USR-1120 PLANNER: Chris Goranson APPLICANT: Don and Linda Owens REQUEST: A Site Specific Development Plan and Special Review Permit for an Agricultural Service establishment (equestrian center and ranch) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 9, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 22;west of and adjacent to Weld County Road 19. Chris Goranson explained that the Conditions of Approval and Development Standards have had some minor modifications per recommendation of the County Attorney. Reason for Approval#2d and Condition of PLANNING COMMISSION MINUTES August 6, 1996 Page 8 Approval item#1 was changed from the preliminary copy. The Department of Planning Service's staff made the addition of Development Standard#19 from the preliminary copy. Chris Goranson stated that the site shall be used for the boarding, training and breeding of horses with the necessary facilities on the site. There are some existing buildings on site and some buildings will be moved or built on site. Most of the acreage will continue to be devoted to hay production. There will be approximately 4 to 5 people employed on the site during normal business hours. Access to the parcel is along Weld County Road 22 with an additional access proposed. The Department of Public Works referral dated June 26, 1996, recommended only one access from Weld County Road 22 be allowed. There is an application for a Recorded Exemption that is being processed by the Department of Planning Services. The applicationas to exempt a portion of the southeast corner of the property, pending the outcome of this Use by Special Review application. Arlan.Marrs questioned the effect of the Recorded Exemption on the Use by Special Review Application. Chris Goranson explained that there are existing zoning permits on the southeastern portion of the property. The applicant is splitting off that part of the property and selling it to the people who have traditionally leased the property. Arlan Marrs wanted clarification on Conditions of Approval item#1, referring to confined animal feeding. Lee-Morrison stated that the Conditions of Approval item#1 is to clarify that even if the Use by Special Review is not granted they are not exempt from Section 47 of the Weld County Zoning Ordinance. Chris Goranson stated that Development Standard #4 states that while in operation the facility will be in compliance with Section 47 of the Weld County Zoning Ordinance. Don Owens, the applicant, explained that their current location pis under development and they need to relocate. This parcel of land suits the needs of the establishment and meets the requirements regarding the agricultural aspect. The plan centralizes all the buildings so that as many acres as possible will be left as natural grassland. The establishment feeds over a ton of hay a day and will be purchasing from the local people. This is a first class operation catering to showhorses. Shirley Camenisch questioned the size of the buildings. Don Owens stated that they would be building approximately 125 stalls and an,indoor and outdoor arena. Ann Garrison questioned how they would control the dust. Don Owens responded that they will have sprinkler systems installed in every barn. There are existing windbreaks and more-will be installed. Shirley Camenisch questioned-the applicant if they were going to live on the site. Don Owens explained that they would bellying on site in the existing house. Arlan Marrs asked how this type of operation with the quality of showhorses-would fit into the current surrounding agricultural uses,+including spraying. Don Owens stated that the conditions of the new land are better then the current living conditions. The horses will be well adjusted to the move. PLANNING COMMISSION MINUTES August 6, 1996 Page 9 Shirley Camenisch questioned Don Owens if he had any problems with have only one access to the property. Don Owens stated that they have no problem with one access only. 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. Marie Koolstra motioned that Case USR-1120 be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval with the Development Standards and Regulations. Arlan Marrs seconded the motion. The Vice-Chairman asked the secretary•to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes, Marie Koolstra-yes, Jack Epple-yes, Arlan Marrs-yes, Shirley Camenisch-yes, Ann Garrison-yes. Motion carried unanimously. 7. CASE: 2ND AM-USR-247 PLANNER: Shani L. Eastin APPLICANT: Western Mobile Northern REQUEST: A Site Specific Development Plan and Special Review Permit for a Wet Sand and Gravel Mining Operation in the A(Agricultural)zone district. LEGAL DESCRIPTION: A tract of land located in Section 34 and 35, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent-to 35th Avenue; approximately 1/4 mile north of"F" Street. Shani Eastin explained that the original approval for extraction of mineral resources at this site was granted by the Board of County Commissioners on June 21, 1974. An amendment to the Use by Special Review Permit to add a hot mix asphalt production plant was approved by the Board of County Commissioners on October 23, 1987. The intention of this amendment is to change the proposed location of the facilities on site. The final reclamation plan and the total area of 368 acres to be mined are unchanged. The Department of Planning Service's staff recommends that the Planning Commission approve this request with the eight Conditions of Approval and 23 Development Standards. Ann Garrison questioned if the Department of Planning Services or the Health Department had received complaints about dust blowing across the area. Shani Eastin stated that the Department of Planning Service's staff has not received such a complaint. One letter from a surrounding property owner with the concern that dust could be a problem wasreceived by the Department of Planning Services. There is a Development Standard that addresses dust control on site. Trevor Jiricek from the Weld County Health Department stated that he was not aware of any complaints received concerning the dust blowing. Shani Eastin stated that there were a few additional criteria from the last time this application was amended that have been incorporated into this recommendation. A Condition of Approval stating that the applicant would work -with the Poudre River Trail Committee to dedicate a portion of their site to the trail was also added. Arlan Marrs questioned if the Department of Planning Service's staff could make such a requirement; such • as, to dedicate the-land. Lee Morrison stated that we cannot require they dedicate the land; however, it can be encouraged. PLANNING COMMISSION MINUTES August 6, 1996 Page 10 Shani Eastin stated that she had received a letter from a property owner in the audience during this hearing voicing his concerns. Shani Eastin explained that there was one additional Condition of Approval from the preliminary 1987 application; 7C, a Road Maintenance and Improvements Agreement with the Public Works Department. The 1987 permitis still active, so regardless if this application is approved, the first amendment still stands. Greg Linsey, the applicant, explained that they want to move the plant locations back to the west approximately 800 feet from the existing locations. In addition, where the railroad is they would like to put an aggregate unloading facility. -Western Mobile Northern feels that by moving the plant back they will acquire safer access and smoother traffic flow. Arlan Marrs questioned how the applicant felt about the Poudre Trail Corridor. Greg Linsey explained that the Western Mobile Northern was willing to work with the Department of Planning staff on the location of the dedicated land for the Poudre Trail. Greg Linsey said that he feels that the trail can be accommodated by their operation without an impact. There are some concerns with safety and access that Western Mobile Northern and the Department of Planning would need to discuss. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. Bill Rodman, a surrounding property owner, stated that he was not against the plant being moved; however, he did have a couple concerns. Mr. Rodman wanted it noted on record that his last name was spelled incorrectly in the report and he did not receive notice of this hearing. Bill Rodman wanted to know the definition of a"wet pit", and how deep the pits would be. Mr. Rodman is concerned that the level of water will be lowered. The Planning Commission members questioned what the wells are used for and how deep. Bill Rodman stated that the original use of the wells was for irrigation and that the wells could no longer be , used for this purpose. Mr. Rodman explained that his wells were 30 feet. Bill Rodman questioned-if the applicant would consider a living fence on the southern property line that would cut down on noise and dust. Greg Linsey explained that"wet pit"aggregate mining occurs within the-water table. There should not be an effect from the mining; however, the water levels will be monitored through wells throughout their operation. Western Mobile Northern is willing to work with the neighbors on a living fence. Overburden is used.in the reclamation process and has a depth of 6 to 12 inches. Ann Garrison asked if the applicant agreed with the Conditions of Approval and Development Standards from the Department of Planning Services. Greg Linsey stated that he agreed with the Conditions of Approval and Development Standards. Marie Koolstra motioned that 2nd AmUSR 247 along with the Development Standards be forwarded to the Board of County Commissioners with Planning Commission's approval. Cristie Nicklas seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie Nicklas-yes, Marie Koolstra-yes, Jack Epple-yes, Arlan Marrs-yes, Shirley Camenisch-yes, Ann Garrison-yes. Motion carried unanimously. PLANNING COMMISSION-MINUTES August 6, 1996 Page 11 8. CASE: Z-500 PLANNER: Shani L. Eastin APPLICANT: Kevin McCarty(Little Thompson Valley Estates) REQUEST: A Change of Zone from Agricultural to PUD(Agricultural and Estate). LEGAL DESCRIPTION: Located in Part of the E2 of the SE4 of Section 21, T4N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 7; north of and adjacent to Weld County Road 42. Marie Koolstra stated she would like to abstain from this case. Shani Eastin stated that the Department of Planning Service's staff is requesting that the Weld County Planning Commission continue case Z-500 until August 20, 1996. The reason for the request is that the Department of Planning Services did not receive the Town of Berthoud referral response. The Department of Planning Services staff deems it necessary to consider any concerns the Town of Berthoud may have with reference to this application. The subject site lies within the three-mile referral boundary of the Town of Mead and Larimer County. Shani Eastin explained that the applicant agrees with the request for continuance. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this continuance. Glen Morelli, a surrounding owner, wanted to go on record that he was opposed to the application. Ann Garrison explained that this was a motion for continuance, his concerns may be heard at the August 20, 1996 hearing. Cristie Nicklas motioned that the Planning Commission grant continuance for case Z-500 until August, 20, 1996. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision Cristie Nicklas-yes, Marie Koolstra-yes, Jack Epple-yes, Arlan Marrs-yes, Shirley Camenisch-yes. Ann Garrison-yes. Motion carried unanimously. Meeting adjourned at 4:20 p.m. Respectfully submitted, Respectfully submitted, Jill Boshinski Cyndie Watts Secretary Secretary Hello