HomeMy WebLinkAbout970775.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 1, 1997
A regular meeting of the Weld County Planning Commission was held April 1, 1997, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Stree,, Greeley,
Colorado. The meeting was called to order by Chairman,Arlan Marrs.
Tape 523
aad Present
Rucker Present
lenn
Fred Walkerk
Ruustysty Tucker Absent Shirley Camenisch Present Absentbsent
Gristle Nicklas Present
Jack Epple Presen
Marie Koolstra bsent
Ann Garrison Present Absentbsent
Arlan Marrs
Also Present Monica Daniels-Mika,Director, Shani L. Eastin, Current Planner, Gloria Dunn, Current Planner,
Julie Chester, Zoning Compliance Officer, Department of Planning Services; Lee Morrison,Assistant Weld
County Attorney;Don Carroll,Weld County Public Works;Jeff Stoll, Director,Weld County Health Department;
Tammie Pope, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on March 18, 1997,
was approved as read.
The Chairman introduced into the record correspondence from Virginia Shaw regarding the Tri-Area
Intergovernmental Agreement and the Mixed Use Development Ordinance.
1. CASE NUMBER: USR-1142
PLANNER: Shani L. Eastin
APPLICANT: Leahy Family Farm, LLC.
REQUEST: A Site Specific Development Plan and a Special Review permit for a public
recreational facility (bicycling,walking trails, roller blading and motorcycle tracks) in
the A(Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SE4 of Section 9, T4N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of and adjacent to Weld County Road 19;south of and adjacent to Weld County
Road 46-1/2. For a more precise location,see legal.
Shani L.Eastin presented a brief summary of the proposal. Ms. Eastin noted that several letters were received
from surrounding property owners with valid concerns,and that the Department of Planning Services'staff has
tried to address each concern in the Conditions of Approval. The Department of Planning Services' staff
recommends approval of the application with the Conditions of Approval and Development Standards.
Glenn Vaad asked how the concerns of the surrounding property owners were addressed. Shani L. Eastin
stated the concerns were dust blowing, excessive destruction of ground vegetation, noise from the
motorcycles, alcohol, traffic,trespassers, enforcement of the property, noxious weeds, and how the site will
be monitored by the Department of Planning Services'staff. Ms. Eastin explained there is a landscaping and
maintenance plan to mitigate dust and noise, and signs will be posted stating that no alcohol is allowed on the
site.
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WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 2
Arlan Marrs asked about runoff from rain storms. Shani L. Eastin stated that condition#2c covers storm water
drainage.
Ann Leahy, applicant,stated that the proposed recreational facility will cover approximately two-thirds of the
91 acre site and that they will be farming wheat on some of the remaining ground. Ms. Leahy stated that
initially there will be one bicycle practice track, one bicycle race track, and one motorcycle track. In the future,
they plan a walking trail around the perimeter.
David Leahy, 1707 12th Street,Greeley,CO 80631,applicant,stated that the bicycle tracks will be very quiet.
The cyclists will park inside the gate and push or ride their bikes to the track,so there will not be any traffic on
the property other than in the parking area. Mr. Leahy stated that the facility will hold special events involving
bicycle club members and possibly spectators. These will be one or two day events.
Arlan Marrs asked what will be done to control runoff from the motorcycle area. David Leahy stated that
although the issue hasn't really been addressed, this land does not receive a lot of rain. The track is
surrounded by grass and trees, and it is maintained by disk and water truck.
Arlan Marrs asked how many riders will use the tracks on an average day. David Leahy stated that it is hard
to determine because there is no comparable area in Colorado, but he estimated that on a good day there
might be 20 bicyclists and 20 motorcyclists. Mr. Marrs asked if there would be any competitions or special
events held for motorcycles. Mr. Leahy stated that they plan to hold special events for both bicycles and
motorcycles. Mr.Marrs asked how often these events would be held. Mr. Leahy stated that he does not know
at this time. It will be determined by weather conditions,other scheduled events in the area, and the schedules
of the different clubs. Mr. Leahy stated that they would not want to upset the neighbors by having events
continuously. Ann Leahy stated that there would not be any events in 1997.
David Leahy explained that the tracks exist now and that they are used by the Leahy family and friends. Mr.
Leahy stated that this facility will not be patterned after the track located in Berthoud, and the conditions will
be much better, more like a park.
Arlan Marrs asked if people will be charged to use the facility. David Leahy stated that a user fee is necessary
to cover the cost of liability insurance,landscaping,and track maintenance. Mr. Leahy stated that the user fees
will probably be $12.00 per motorcycle and $6.00 per bicycle.
Arlan Marrs asked the applicant to address noise to surrounding property owners. David Leahy stated that
every motorcycle sold has a muffler system that is closed course certified. The noises produced would range
from high whines to low rumbles. Mr. Leahy stated that the track is located in a valley so that hopefully the
trees and tall grasses will help contain the noise. Mr. Leahy stated 800 trees have been ordered already, and
they are willing to plant more if necessary.
Glenn Vaad noted that the applicant's special review questionnaire states there will be between 20 and 100
riders per day, and up to 2000 riders and pit-crew members per special event. David Leahy stated that an
average of 700-800 racers might participate,plus two or three additional people per rider. Mr.Vaad asked how
parking will be handled if, for example, 700 people were to show up. Ann Leahy stated that there will be
different colored fences for spectator and rider parking and no one will be allowed to park outside the facility
fence.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Mark Spaur,9370 Weld County Road 461/2, Milliken, CO 80543, surrounding property owner, stated that he
lives one-half mile east of the proposed site, and was also representing the quarter section east landowners,
Byron Spaur, Bennett Spaur, Glenn Spaur, and Gilbert Spaur. Mr. Spaur stated that he has put up with the
noise from the applicants racing motorcycles on the proposed site for over a year, and the only reason he
WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 3
came forward now is because a commercial facility is being proposed with large numbers of customers
expected. Mr. Spaur read into the record the two letters against the proposed site which were faxed to the
Department of Planning Services on March 31, 1997, from Byron L. and Ruby Spaur, and Mark and Robin
Spaur. Arlan Marrs asked Mr. Spaur how far away the motorcycle noise traveled. Mr. Spaur estimated that
when the conditions are right,the noise can be heard two to three miles away. Mr. Marrs asked Mr.Spaur
the most motorcycles that have used the facility at one time. Mr. Spaur estimated 20-30.
Dean Binder, 9819 Weld County Road 46-1/2,Milliken, CO 80543,surrounding property owner,stated that
he lives approximately one mile east of the proposed site, and that he also represents the Extension Irrigation
Ditch Company. Mr. Binder stated that the Ditch Company is concerned with liability issues regarding the
Hillsboro Reservoir and potential trespassers. Mr. Binder stated that although he lives a mile away, he can
hear the motorcycles like they are across the road. He does not feel the amount of traffic the facility will attract
is compatible with moving farm equipment on county roads. Arlan Marrs asked if drainage from the proposed
site would end up in the Little Thompson River. Mr.Binder stated yes. Mr. Marrs asked if a four foot high fence
would be adequate protection. Mr.Binder stated that at least a six foot high chainlink fence should be required.
Ron Klein,22015 Weld County Road 17,Johnstown,CO 80534,surrounding property owner, stated that he
lives one half mile to the west of the proposed site and is opposed to the facility. Mr. Klein stated that he lives
approximately five miles from the Berthoud track and can hear those races clearly. Mr. Klein stated he has no
problems with the current use, but he is against the proposed large numbers of users due to noise, dust,
trespassers, and the close proximity to town.
Byron Spaur,22605 Weld County Road 15, Johnstown, CO 80534, stated the Berthoud track is a mess and
he doesn't want the same thing in his neighborhood.
Ann Leahy responded to the surrounding property owners' concerns by stating that the motorcycles used at
their facility cannot legally be driven on the street. The people who use the facility go there specifically to use
the competitive track and the motorcycles are brought to the facility on trailers or in vans. Arlan Marrs stated
that some trespassing concerns were regarding children from the towns of Johnstown and Milliken coming to
use the facility. Ms.Leahy stated that she has seen kids on the irrigation ditch across the road, but they were
not coming to use the track,they were just out riding their bikes. Mr. Marrs asked if the applicants will try to
attract kids to the facility from Johnstown and Milliken. Ms. Leahy stated yes. David Leahy stated that the City
of Greeley has a bike route planned to run along the Little Thompson River, either along Weld County Road
17 or 19. Mr. Leahy stated they will move the fence location to keep people away from the reservoir and so
that a chainlink fence will not be necessary. Mr. Leahy stated that Weld County Road 46-1/2 runs the full
length of the property and there are not culverts that cross this road,therefore, he does not believe any wet
erosion will occur over the road, into the Little Thompson River. Arlan Marrs asked if they were proposing
moving the fence rather than fencing the whole outside area where the wheat will be farmed. Mr. Leahy stated
that was correct. Mr. Marrs asked if they were agreeable to a fence higher than four feet. Ann Leahy stated
that their insurance company has told her it is only necessary to fence the part of the perimeter that would keep
the track areas contained. The insurance company does not care how tall the fence is or what it is made of.
Ms.Leahy stated the customers must wear color coded arm bands,limiting their access to specific areas. This
will help identify trespassers. Mr. Leahy stated they will get a signed waiver from each customer,each visit.
Jack Epple asked for an explanation of a utility fence. Ann Leahy stated that it is made of 12 or 14 gauge wire,
four feet tall, made up of blocks two inches wide by four inches high. It is called a"no climb"fence because
the 2X4 blocks are too small to put a foot into.
Jack Epple asked if the applicants would be agreeable to limiting the number of riders using the track,then if
needed at a later date if the applicants found that the limit was too small,they could come back to the Planning
Commission for a review of the special use permit. Shani L. Eastin stated that the Department of Planning
Services'staff would be in concurrence with that addition to the Conditions of Approval. Ann Leahy stated that
this would limit their income.
WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 4
Jack Epple asked if the Health Department reviewed the storm water management. Jeff Stoll stated that the
State Health Department would review whether any storm water runoff permits would be needed. Arlan Marrs
asked if this case was referred to the State Heath Department. Mr.Stoll stated that the applicant should submit
an application or an inquiry to the State. Cristie Nicklas asked if this was recommended to the applicant. Mr.
Stoll stated no,but that he does not think it is an issue because the applicant already will have to meet drainage
requirements for Public Works which are very similar to the requirements of the State.
Cristie Nicklas asked if the applicants were given a zoning violation. Shani L. Eastin stated Julie Chester
received a complaint that there was a noncommercial junkyard on the site, and also that the facility was being
used for more than the private use of the owners. The application was then received a few weeks later. Arlan
Marrs asked what type of bike activities could occur on this property without a permit. Ms. Eastin stated that
as long as it is for personal and private use,there is no rule specifying the type of bike(s) allowed;when it
becomes a public use,they must adhere to the County's rules. Julie Chester stated that she responded to the
complaint. At that time,Ann Leahy explained to her that the race track was for the owners personal use, but
they did want to operate a commercial track in the future, and they would talk to the Planning Department. Ms.
Chester stated that there were some derelict vehicles on the property, but they have been removed.
Lee Morrison stated there is a County Ordinance requiring a permit for temporary assemblages of more than
500 people. The purpose of this Ordinance is to ensure there is proper security and sanitation. Ann Leahy
stated she has no problem with being required to get special permits for each race event.
Cristie Nicklas asked for an estimate of the number of motorcycle riders on an average day. Ann Leahy
estimated 20-30 riders.
Rusty Tucker asked if the applicant would be agreeable to letting the Planning Commission vote on each track
separately. Arlan Marrs stated he feels there are several issues that need to be addressed and asked if this
could be postponed until the next Planning Commission meeting. Lee Morrison stated that is an option. Mr.
Morrison recommended that the Planning Commission members decide which issues need to be addressed
and limit testimony to those issues at the next hearing. Mr. Morrison cautioned that since there were only five
members present, there could be a quorum problem at the next meeting if the same five members are not
present. Mr.Morrison stated,in regards to Mr.Tucker's proposal of letting the Planning Commission vote on
the tracks separately,that the Commissioners need to vote on what the applicant puts forward and not tell the
applicant how to amend their application.
Arlan Marrs stated that the applicant needs to be aware that the Planning Commission has some concerns
and that the members can make a recommendation on the application as is, or they could consider some
changes or proposals from the applicant. Shani L.Eastin asked the members for a direction of their concerns.
Mr.Marrs stated he is concerned with erosion control,fencing of the property and lake, and noise. Jack Epple
moved to postpone this case until the April 15, 1997, Planning Commission meeting. Mr. Epple stated his
concern was the possibility of large numbers of users. Rusty Tucker stated that his concerns are the noise,
and the number of users. Glenn Vaad stated that he was opposed to the motion to postpone this case. Mr.
Vaad stated that his concems are erosion and noise. Mr.Vaad suggested that if the applicant were to limit the
number of users and agree to get a temporary assemblage permit for any events over the limit, many concerns
would be eliminated. Gristle Nicklas stated that she agreed with Glenn Vaad's suggestion. Ms. Nicklas stated
that she is opposed to postponing this case.
Rusty Tucker stated that it should be clarified that there is a difference between a temporary assemblage
permit and a special use permit, and that the applicant should only be required to get a temporary assemblage
permit for special events.
The Chairman asked if there was a second to the motion. No one seconded the motion.
WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 5
Glenn Vaad asked if the applicant wanted to agree to limit the number of users and to get a Temporary
Assemblage permit for additional users. Ann Leahy asked that the limit be applicable only to the number of
riders, not the number of riders plus the number of spectators. Ms. Leahy asked for some time to decide on
a limit. The Chairman called a five minute recess.
Shani L.Eastin stated that the Department of Planning Services'staff would like item#3b of the Conditions of
Approval to change from a four foot fence to a six foot fence. Lee Morrison stated there is not a problem with
the applicant placing the fence north of the field as long as it encircles the racing area,so the word "facility"
should be changed to"racing area". Ms. Eastin stated that the landscaping plan and maintenance schedule
the applicant must submit under condition#2f addresses buffering issues.
Rusty Tucker asked how it can be specified that the applicant does not, in the future, put a race track south
of the current track. Shani L. Eastin stated that the applicant is limited to the tracks listed on the proposal. If
they want to add more,the applicant must submit a proposal to the Department of Planning Services.
Shani L. Eastin stated that the Department of Planning Services' staff would like the following changes to the
Development Standards:
1) An addition to#7 stating "Mufflers shall be required on all motorcycles using the property".
2) #14a "April 1 through August 31"
3) #14b"September 1 through March 31"
4) #14c"Hours will be consistent with the regular hours. Events will be 2 to 4 days in length.
People will be hired for security,medical emergencies, gates and maintenance. No overnight
camping will be allowed. Events to be limited to a maximum total of 100 motorcycle racers.
Any event over this will require a temporary assemblage permit under Ordinance#85."
Ann Leahy stated that her family would like to make a proposal to limit the motorcycle riders to 100 per day,
unlimited bicycles riders per day, and special events would require a special permit.
Arlan Marrs asked if the applicant was in agreement with the addition to Development Standard#7. David
Leahy stated he was in agreement. Mr.Marrs asked if applicant was in agreement with the increase in height
requirement for the fencing. Mr. Leahy stated that this causes a problem because they have already bought
$6000.00 worth of 48"high fence material and have installed some of it. Mr. Leahy stated that no matter what
type of fence is used,somebody can get over it. Glenn Vaad stated there is no evidence that a six foot fence
would make any difference,so it should remain at four feet. Mr.Marrs asked if the applicant was in agreement
with the changes to Development Standard #14. The applicant was in agreement. Mr. Marrs asked if the
applicant was in agreement with all Conditions of Approval, Development Standards, and changes made to
them. Ann Leahy stated yes.
Glenn Vaad moved that case USR-1142, Leahy Family Farm, LLC., be forwarded to the Board of County
Commissioners with the Conditions of Approval, as amended and Development Standards, as amended, with
the Planning Commission's recommendation for approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes;Jack Epple-yes; Rusty Tucker-yes;Arlan Marrs-no. Motion Carried.
WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 6
CASE NUMBER: S-418
PLANNER: Gloria Dunn
APPLICANT: Flatiron Structures Company, do Quinlan Construction, Inc.
REQUEST: A Site Specific Development Plan and Planned Unit Development Plan for Q-3 (Commercial)
uses.
LEGAL DESCRIPTION: Lot 2 of RE-1201, in part of the W2 SW4 of Section 11,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of Weld County Road 22; east of and adjacent to 1-25 Frontage Road. For a more
precise location, see legal.
Gloria Dunn presented a summary of the proposal and Conditions of Approval. Ms. Dunn stated that the
Department of Planning Services'staff recommends approval of this request.
Paul Driscoll, 5427 Blackhawk Road, Boulder, CO,vice-president, Flatiron Structures Company,stated that
he had just received the amended version of the Conditions of Approval a couple of hours prior to the hearing.
He asked for a rewording of item#2d. Mr. Driscoll stated that he was concerned with the timing of CDOT's
coordination of plans for the acceleration/deceleration lanes with their construction of that interchange. CDOT
will acquire some of the right-of-way along the Frontage Road, but they have not gotten back to Flatiron
Structures or other property owners regarding the acquisition of the right-of-way or any plans showing how it
will be developed. Mr.Driscoll stated that he is concerned there will be significant time involved to coordinate
their plans with CDOTs plans. Mr. Driscoll asked that item #2d be changed to simply require Flatiron
Structures to agree to meet the CDOT requirements for acceleration/deceleration lane improvements, rather
than having to draw up plans now. Gloria Dunn stated that currently the applicant is required to submit plans
to CDOT prior to plat recording. Ms. Dunn stated that CDOT is asking for the plans for coordination of efforts,
and that the staff is trying to assist in the coordination of those efforts. Mr. Driscoll asked for clarification of item
#3b. He was concerned with the approval process and whether the Weld County Public Works Department
and the Weld County Attorney's Office will have to be involved in the off-site road agreement. Lee Morrison
stated that it will be similar to the St.Vrain Sanitation District's request for additional collateral, assuming that
CDOT wanted the County to seek collateral. Mr. Morrison stated that the agreement will be with the Board
because the collateral will be held by the County. Public Works would not have to be included, but the
Attorney's Office will be included.
Gary Shaw,2001 Diamond Drive, Longmont, CO,vice-president, Quinlan Construction Company, stated that
the process was wrapped up a year ago. Then,they were asked to furnish a letter from the oil company who
has a mineral right to the property, stating that the oil company would not drill any more oil wells on this
property. Mr.Shaw stated that it took almost nine months to get this letter, and in the meantime the Mixed Use
Development Ordinance came about,which tied them up in new open space requirements and other things.
Mr.Shaw stated that it is unfair that Tess Jones with CDOT has had a year and a half to make comments, but
they were just notified of new Conditions of Approval ten minutes before the hearing. Mr. Shaw stated that
acceleration/deceleration lanes are not required because there are not enough people on the parcel at this
time. It depends on the number of people entering or leaving, so without knowing the type of businesses to
be built and the number of employees, it is impossible to determine an acceleration/deceleration/left turn lane
configuration. Speed limit also effects the configuration,which hasn't been determined by CDOT. Therefore,
Mr.Shaw asked that the Planning Commission approve this application with some type of language stating that
Flatiron Structures will cooperate with CDOT when requirements are needed,if ever.
Paul Driscoll asked that item#4i remain and that item#2d be deleted. Lee Morrison stated that Tess Jones'
letter specifically indicates a new access permit is required, so maybe the wording of item #2d should be
changed. Glenn Vaad stated that anytime there is a change in use of the property, it requires, by law, a new
access permit. Therefore, item#2d would be redundant.
WELD COUNTY PLANNING COMMISSION MINUTES
April 1, 1997
Page 7
Arlan Marrs asked if the Department of Planning Services' staff is comfortable with removing item#2d and
leaving item#41. Gloria Dunn stated Tess Jones was just requesting communication with the applicant, so
those changes would be agreeable.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Arlan Marrs asked the applicant if he agreed with the Conditions of Approval,with the deletion of item#2d and
the removal of"Weld County Public Works"in item#3b. The applicant was in agreement.
Cristie Nicklas moved that Case Number S-418, Flatiron Structures Company do Quinlan Construction Inc.,
be forwarded to the Board of County Commissioners with the Conditions of Approval,with the deletion of item
#2d and the removal of"Weld County Public Works"in item#3b with Planning Commission's recommendation
for approval. Glenn Vaad seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Glenn Vaad-yes; Cristie Nicklas-yes; Jack Epple-yes; Rusty Tucker-yes; Arlan Marrs-yes. Motion carried
unanimously.
Meeting adjourned at 3:43 p.m.
Respectfully submitted, /
plink ja.
Tammie Pope
Secretary
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