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Home My WebLink About981495.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION Tuesday, July 21, 1998 A regular meeting of the Weld County Planning Commission was held July 21, 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 Chairman, Glenn Vaad, at 1:30 p.m. ROLL CALL Glenn Vaad Present Michael Miller Present Fred Walker Absent Bruce Fitzgerald Absent Cristie Nickles Absent - ',� Jack Epple Present Marie Koolstra Present Stephan Mokray Present Arlan Marrs Present • —; Also Present Monica Daniels-Mika, Director, Scott Ballstadt, Planner II, Julie Chester, Planner;^Sheri Lockman, Planner, Sharyn Frazer, Zoning Compliance Officer, Department of Planning Services; Lee Morrison, Assistant County Attorney; Don Carroll, Weld County Public Works; Sheble McConnellouge, Weld County Health Department; Wendi Inloes, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on July 7, 1998, was approved as read. Election of a new Chair and Vice-Chair Arlan Marrs made a motion for the nomination of Marie Koolstra for Chair. Stephan Mokray seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes. Motion carried unanimously. Stephan Mokray made a motion for the nomination of Jack Epple for Vice-Chair. Michael Miller seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes; Arlan Marrs, yes; Marie Koolstra, yes; Stephan Mokray, yes; Michael Miller, yes. Motion carried unanimously. CASE NUMBER: Z-513 APPLICANT: Floyd Oliver PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: NW4 of Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado. REQUEST:' Planned Unit Development Change of Zone within the Mixed Use Development area. LOCATION: South and adjacent to Weld County Road 26; west and adjacent to Weld County Road 5.5. Monica Daniels-Mika, Department of Planning Services, requests that Case Z-513, be continued until such time that the availability of water issue and transportation changes have been adequately addressed. The Department of Planning Services is responsible for ensuring that adequate water has been addressed, 6.4.2.6.5. of the PUD Ordinance. "The PUD Zone District shall be serviced by an adequate water supply and sewage system in compliance with the Performance Standards in Section 2 of the PUD ". Based on the information presented in this case, and in regard to a letter date July 10, 1998, from Kathy Peterson, General Manager of Left Hand Water District, there is concern regarding the adequacy of water to meet the needs for the proposed development. CaYz/JAd (29t',wLG_ 981495 O S//o/9 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 21, 1998 Page 2 It has been the policy of the Department of Planning Services to determine adequacy of water based upon the ability of the applicant to demonstrate that he/she has secured the number of taps required to serve the number of lots proposed. This assurity has generally been extended in the form of a letter from the water provider stipulating that water taps are available, or taps can be secured with some type of investment from the applicant. While the original letter from the water district dated April 9, 1998, stipulates that only thirty (30) taps have been secured, it further states that, "when all conditions and requirements are met water will be made available". This information was not adequate to determine if water availability would meet the intent of the ordinance. Therefore, additional information was sought from the water district, and in the letter attached, date July 10, 1998, the District is stating that a total of 50 taps could be put into service immediately upon payment and completion of the conditions in the engineering review; however, additional taps are not available to serve the project. It is generally understood that 1041 activities have been sought by the Water District to ensure water availability from the future; however, this activity is far from approved. Additionally, the applicant has proposed several changes to the original plat The Department of Planning Services received these changes on July 14, 1998, and we will need time to review these changes. Jack Epple moved that Case Z-513, be continued until adequate information is acquired. Stephan Mokray seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes; Arlan Marrs, yes; Marie Koolstra, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes. Motion carried unanimously. CASE NUMBER: USR-1192 APPLICANT: Little Thompson Water District PLANNER: Julie A. Chester LEGAL DESCRIPTION: Part of the NE4 of Section 4, T4N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Treated Water Storage Tank. LOCATION: South of State Highway 60 and west of Weld County Road 7. Julie Chester, Department of Planning Services, presented Case USR-1192. Julie explained that the existing 2.0 million-gallon water storage tank was permitted through SUP-177, in 1972. At the time the original permit was approved the term for the permit was Special Use Permit and is now a Use by Special Review. USR- 1192 will be considered to be an amendment to SUP-177. This proposal must be heard by the Planning Commission, as well as the Board of County Commissioners, due to the fact that the previous Special Use Permit was also heard by the Board of County Commissioners. Julie stated that there had been changes to staff comments on Development Standard #10 regarding the decibel from industrial to residential, and the addition of Condition of Approval #4. Julie then read the recommendation into the record. The Department of Planning Services is recommending approval of the application, along with the Conditions of Approval and Development Standards. Arlan Marrs asked about Condition of Approval#4, regarding the amending of this permit to add the tower, and if it would be heard again by the Planning Commission, or go on to the County Commissioners. Julie explained that it will be heard again by the Planning Commission under a new permit. Glenn Vaad asked about the application indicating that the area was in a flood plain. Julie stated she did not believe it was, but would check. ggi-/95 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 21, 1998 Page 3 Michael Cook, representative for the application, gave an overview of the application, stating the need for a larger tank for both existing and future customers. Mr. Cook verified that the area is not in a flood plain, and this was marked in error. He then talked about wanting to add the tower to this application. They have had a request from a cell phone provider for a single tower on the site. At this time the tower has no specific plans, so if they need to go through the process again, they would be willing to do so. Glenn asked Lee Morrison for direction regarding the tower, and if they could somehow accommodate the applicant to include the tower. Lee explained they could not add the tower if there was not specific information in the application regarding specifics on the tower. The Chairman asked if there was anyone in the audience who wished to speak for or against the application. No one wished to speak. The Chairman asked Mr. Cook if he was in agreement with the Conditions of Approval and Development Standards. Mr. Cook stated they were in agreement. Arlan Marrs moved that Case USR-1192, 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 Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes;Arlan Marrs, yes; Marie Koolstra, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes. Motion carried unanimously. CASE NUMBER: USR-1193 APPLICANT: Gary and Mary Novotny PLANNER: Sheri Lockman LEGAL DESCRIPTION: NW4 NE4 of Section 27, T2N, R62W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a junkyard and salvage yard in the A(Agricultural)zone district. LOCATION: South of and adjacent to Weld County Road 18; west of Weld County Road 81. Sheri Lockman, Department of Planning Services, presented case USR-1193, reading the recommendation into the record. Sheri stated that the Department of Planning Services is recommending approval of the application. Sharyn Frazer, Zoning Compliance Officer for the Department of Planning Services, gave a history of the violations over the years, and addressed questions by the Board. At this time the applicant is willing to do what is needed to come into compliance with the current zoning violation. There is screening currently in place, and there still is some screening that needs to be done on the eastern property line. Sharyn also explained to the Board, that if this application is denied, that Mr. Novotny could be allowed to have a noncommercial junkyard, but that the commercial operation would have to stop. Sheble McConnelouge, Weld County Health Department, addressed questions and concerns on the storing and burning of tires. Sheble explained that there is a facility for tire disposal which is regulated, and could be referred to for help on the clean up of the tires. Sheble stated that the burning of truck parts will not be allowed. Surrounding property owners,Terry Malone, Linda Shoneman, Howard Reed, James Klausner, Russell Epple, Darrell Lemons, and Joe French, attorney for Darrell Lemons, had the following concerns: The Novotny's have not been in compliance in the past, and they do not feel he will follow regulations now. Who is going to monitor the property. * Neighbors are in danger from the smoke from fires, and possible hazardous materials, and the smell it brings. 4Yjgg5 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 21, 1998 Page 4 * Fires spreading onto other properties, and who is going to pay for their damages. Feel this is not an appropriate place for a junk yard and by permitting it will not make the problem go away. The land has been farmed in the past and they are turning 40 acres into a junkyard. Concerns of waste being buried underground. Flooding onto other properties when junk piles up. *Wind blowing junk onto other properties. Mr. Novotny gave an overview of the application, and stated he was in agreement with the Conditions of Approval and Development Standards. Mr. Novotny also stated that there was no burying on the site or any hazardous materials. Mr. Novotny is asking to keep the west entrance to the circle drive open. Public Works was asking for this to be closed, and Don Carroll stated that they would approve the second access as long as the area is cleaned up and maintained. The Board then suggested adding some Conditions of Approval and Development Standards to the permit to address concerns from surrounding property owners. 1. Limiting the site from 40 acres to 5 or 10 acres, with a pond retention plan 2. A 25 year, 24 hour storm retention plan 3. A maximum of 20 semi's on site at any one time, with the salvage being done inside 4. A six-foot screening 5. An environmental audit of the property Stephan Mokray moved to continue Case USR-1193, to the August 4, 1998, hearing. Arlan Marrs seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes; Arlan Marrs, yes; Marie Koolstra, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes. Motion carried unanimously. CASE NUMBER: USR-1194 APPLICANT: William and Margaret Kobobel PLANNER: Scott Ballstadt LEGAL DESCRIPTION: E2 NW4 of Section 15, T2N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Sand and Gravel mining operation in the A(Agricultural)zone district. LOCATION: North of and adjacent to Weld County Road 20-1/2 and approximately 1/4 mile east of Weld County Road 7. Scott Ballstadt, Department of Planning Services, presented Case USR-1194, reading the recommendation into the record. Scott stated that the Department of Planning is recommending approval of this application, along with the Conditions of Approval and Development Standards. Gary Tuttle, representative of the applicant, gave an overview of the application. Mr. Tuttle stated that there is 61 acres'being proposed to mine. This mining operation will replace the existing operation that will be expiring in a year or two. Mr. Tuttle then pointed out on maps what they are proposing to do and the location of the mining. This is a four to six year operation with a depth of 15-17 feet and a reclamation plan that will create a lake when mining it completed. There is currently an application in place with States Division of Minerals and Geology, and plan to approval by the end of August. The access for the trucks will go west from Weld County Road 20-1/2 onto Weld County Road 7, and there is a road maintenance agreement for Road 20-1/2, as well as a dust control plan. Mr. Tuttle stated that they are in agreement with the Conditions of Approval and Development Standards. Michael Miller asked for verification that traffic will go west on Road 20-1/2 and not east, as stated on the application. Mr. Tuttle stated that it will go west. 98/LM SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 21, 1998 Page 5 Jack Epple asked about the permit from Minerals and Geology, and Mr. Tuttle stated it has been applied for and a decision will come the end of August. Arlan Marrs asked about the impact of surrounding property owners water tables. Mr. Tuttle stated there are wells that are over '/: mile away from the operation, and do not expect any draw down. Arlan then asked about surrounding agricultural uses. Mr. Tuttle explained that there could be a potential of draw down, but would be minimal and not for long with the setbacks they will have. Mr. Tuttle stated that they will work with land owners to correct any problems that would arise. Michael Miller asked where the water from the lake will be pumped to. Mr. Tuttle explained that there is two possibilities. There is a drainage way that runs north, or it could be put into an irrigation lateral that goes into a concrete ditch toward Idaho Creek. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. A surrounding property owner asked for Mr. Tuttle to show the audience the proposal, which Mr. Tuttle explained. Marvin Hopper, surrounding property owner, had concerns with the dropping of water with their wells, and the affect previous mining has had on his land. Mr. Hopper also was concerned about both the speed and amount of traffic, and asked if the route could be changed. Mr. Hopper then entered a letter as an exhibit. Mr. Hopper asked how tall the berm will be. Mr. Tuttle stated about three to five feet tall. Mr. Hopper then asked about a ditch that runs through the property, and if it is going to be moved. Mr. Tuttle stated the ditch will not be moved. Mr. Hopper stated he was not against the application, but would like to see traffic move from Road 20-1/2 to Road 7, and if they go with Road 20-1/2, he would like to see the route adhered to along with the speed limit. Scott Ballstadt stated that the route was designated through the permit, and would be enforced through the agreement with Public Works. Michael Miller asked Mr. Hopper about the mining on north side of the proposed property, and if he has seen any drop in his wells from this operation. Mr. Hopper stated that he has seen six to nine inches since the operation began, and could still pump up to three feet of a drop before having problems. Scott stated that there should have been a Development Standard added regarding maintaining compliance with Section 44, open mining, of the Zoning Ordinance, and this section will address concerns pertaining to water rights. Mr. Tuttle was in agreement with the addition. Robert Nash, surrounding property owner, asked about hours and days of operation. He had questions on the bridge that goes over his property, concerns of the roads and dust, and stated he would like to see the trucks use another route. Mr. Nash also expressed concern of all the different zoning that is allowed within the MUD area. Don Carroll addressed road and bridge issue. The bridge is restricted, and is planning on being replaced in the Fall of 1998, or early 1999, at County expense. Additional right of way has been dedicated for future expansion. A road maintenance agreement to upgrade and pave 20-1/2 is also in place. Signs will be posted so that the trucks will stay in the proposed routes. Don stated if WCR 7 was chosen as the route, they would look at it. Glenn Vaad asked for verification with Scott that the applicant would have a dust abatement plan with the Health Department. Scott stated there would be. Man Man-s asked the bridge being upgraded to legal standard, and what this meant. Don Carroll explained that if you are hauling legal loads, the bridge would be able to handle the loads. 9si�95 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION July 21, 1998 Page 6 John Jacobson, surrounding property owner, had concerns of dust from the road 20-1/2, and the problems this could cause for agricultural farming. Glenn stated that they are planning on paving WCR 20-1/2, at the expense of applicant, taking care of most of the dust problems. Mr. Tuttle then addressed the concerns from the property owners. Hours of operation are set for 7 a.m. to 5 p.m., Monday through Friday, and during summer, some Saturday half days. The dust issue will be taken care of through a dust abatement plan with the Health Department along with paving of WCR 20-1/2. Mr. Tuttle stated that no trucks will be going east on 20-1/2, and will place signs to ensure this. As to the route change onto WCR 7, Mr. Tuttle explained that a competitor owns the property being discussed, therefore making it difficult for this to happen. Mr. Tuttle then stated that this proposal is one of the smaller producers in the area, and that there will not be a large amount of traffic. Arlan Marrs moved that Case USR-1194, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards as modified with the Planning Commissions recommendation of approval. Michael Miller seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn Vaad, yes; Arlan Marrs, yes; Marie Koolstra, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes. Motion carried unanimously. Meeting adjourned at 5:10 p.m. Respectfully d Wendi Inloes Secretary Hello