HomeMy WebLinkAbout992915.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 16, 1999
A regular meeting of the Weld County Planning Commission was held Tuesday, November 16, 1999, in the
Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The
meeting was called to order by Vice Chairman, Christie Nicklas, at 1:30 p.m.
ROLL CALL
Fred Walker Absent
Cristie Nicklas Present
John Folsom Present
Jack Epple Absent
Bruce Fitzgerald Present
Michael Miller Present
Stephan Mokray Absent
Arlan Marrs Present
Bryant Gimlin Present
Also Present: Monica Daniel-Mika, Director;Anne Best-Johnson, Planner, Department of Planning Services;
Bruce Barker, County Attorney; Trevor Jiricek, Jeff Stoll, Department of Public Health and Environment; Don
Carroll, Public Works; Don Warden, Director of Finance and Administration.
The summary of the last regular meeting of the Weld County Planning Commission held on November 2,
1999, was approved with changes to page 2 concerning reserved/designated not being a motion, just voting
on the change.
CASE NUMBER: USR-1237
PLANNER: Anne Best Johnson
APPLICANT: Loveland Ready Mix Concrete, Inc.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining
and a Batch Plant in the (A)Agricultural zone district.
LEGAL DESCRIPTION: Part of NE 1/4 of Section 3, Township 4 North, Range 67 West of the 6th
P.M., Weld County, CO.
LOCATION: West of and adjacent to State Highway 257; Approximately': mile north of State Highway
60
Anne Best Johnson, Long Range Planner, read the case into the record and stated where the application is
not in compliance with the Weld County Zoning Ordinance, citing sections 24.3.1.1, 24.3.1.3, 24.3.1.4 and
24.3.1.7. The Department of Planning Services is recommending denial of this application because the
application is not compatible with surrounding residential land uses, the possible effect of the use on the river,
as well as riparian and area wetland. Anne stated that there were over 20 letters in opposition to this
application as well as referral from the town of Milliken requesting denial of this application.
Gary Tuttle, representative for the applicant, stated that the operation is part of a family run business that will
mine 150,000 tons of sand and gravel into concrete on the site that will be sold mostly to homebuilders in the
area. Gary also stated the following points from the application:
* 30 years to mine and mix the concrete.
* 4-5 trucks to start with, moving up to 10-12 eventually.
* Not a full time business, as it is considerably slower in the winter.
* Much of the area is flood plain and industrial zoned, although there is a PUD to the north.
* Site will be turned into a series of lakes that will be augmented with water rights already bought.
* 35-40 truck round trips per day is the expected average traffic generated.
* No eighteen wheelers will be used.
* The applicant will pave WCR 48.5 as part of the conditions of approval.
* Test runs on SH 259 produced an average of 110 seconds to reach the top of the nearby hill.
* A 3-4 foot berm with trees along the south edge of property, more trees along river, batch plant,
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 16, 1999
Page 2
and south side of property will be plantedwithin the first 5 years of operation.
* Mining and batch plant activities shall not take place closer than 100 feet to river at anytime to
protect wildlife.
* Low river crossing bridge is proposed.
* After reviewing the annexation petition, the town of Milliken decided not to annex this property and
use.
* The applicant will recharge ground water or pay to water the yards of nearby landowners to the
south.
* Mining is a use by right and an area can not be developed until gravel mining is complete.
Michael Miller asked if the pits would be de-watered year round. Gary stated that the cell will be dry while
mining. Michael asked the applicant if they had considered a conveyor system instead of the low river bridge.
The applicant stated that the conveyor would be preferred, but would cost too much to use at this site.
Discussion covered the noise of the actual plant, reclamation of the land, to include coniferous as well as
deciduous trees. Anne stated that the conditions would cover the landscape plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
There were several people, including David Terrel; Ted Chavez, Mayor of Milliken; Alex Fischer; Ron Erlich;
Frank Knowski; Heidi Erlich; Stan Liss; John Neal; Anne Schaffer; Ken Realm; Mike Anthony; John Watson;
Harriet Williams; J.R. Schnelzer, Town Administrator of Milliken; and Bruce Gillum who wished to speak
concerning the following issues with the concrete batch plant and mining operation:
* This property is going to be developed anyway, but at least this company wants to keep it small and
on site, in favor with the addition of deceleration and acceleration lanes
* The speed on WCR is 45-60 miles per hour, traffic would be slowed by the gravel trucks
* The intense visual impact of the site on the 147 lot PUD to the north is negative
* The length of the project(30 years) is too long
* The noise of the plant is too loud
* Property values will be lowered in surrounding area
* Air qualityis a concern
* Wildlife in area will be displaced when habitat is destroyed
* Developing area that Milliken wants to keep as open space
* Long hours of operation (6am-7pm)
* Traffic safety with large trucks on hill
* Economic impact on golf course, with development of new golfing area near this gravel pit mining
operation
* Developing by the river bottom will be visible and ruin view of the homes on the hill
* Not respecting future goals of Milliken, need to respect their growth issues
* Want the town to be able to control growth, 30 years being too long to have something of such
large impact on property value
* Nothing being offered to the land owners to west, maybe not enough being offered to land owners
to south of property
* Is all the traffic going to go out Hwy 257?
* Safety of school buses using 48.5 may be compromised
* Want to keep river corridor open for walking paths
Ted Chavez, Mayor of Millken, stated that Hwy 257 is a gateway to Milliken, with high speeds that the city
wants to lower for safety reasons, and that additional heavy traffic on this road will add to the danger. He also
stated that there are 147 homes in the PUD to the north, with 300 homes going in to the south. Ted stated
that the additional traffic will affect newcomers, as well as lower the value of surrounding land. The town feels
that 30 years is too long for this business to be located in this area. Christie Nickles asked why the town
entertained this annexation then dropped it so quickly. Ted stated that the town first felt it would improve the
tax base, but felt the lasting effects would outweigh the benefits. Mike stated that with 300 new homes going
in to the south, the closer concrete plant would limit the traffic to the area, instead of hauling the concrete as
far. John Folsom asked why the town considers this area as open space when the land directly across Hwy
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 16, 1999
Page 3
257 is zoned industrial. Ted stated that the town felt this area would be better suited for the open space.
Arlan Marrs asked if the town intended to purchase the land in order to keep it open space. Ted stated that
the town would like to eventually purchase the area,that this was part of their future IGA, that letters were sent
out, but no one was there to oppose the changes.
Mike Anthony, a surrounding property owner, stated that he did have a letter against the development but that
Steve Fancher had been very good in negotiating with him on some of his concerns. He did want to know how
far the batch plant would be from residents along WCR 48.5.
Gary Tuttle, representative for the applicant,wanted to answer several concerns voiced by the public. They
would be willing to limit the numbers of 18 wheeler trucks, no trucks west on WCR 48.5, a mix of deciduous
and coniferous trees to allow year round cover. The applicant is also willing to limit mixer trucks, as Gary
wanted to state that the Milliken IGA is not signed and final yet, therefore it is not valid at this time.
Bryant Gimlin and Bruce Fitzgerald questioned the time frame for bringing in outside sand supply for the
concrete plant to begin to produce before mining supplies are produced on site. The applicant is willing to
work on the time frame with the Planning Commission, but wants to build a customer base before starting the
mining operation. Arlan also wanted to ask why the applicant is dry mining versus stockpiling the material,
which Gary stated was not economical and would end up being just as much of an eyesore as the mining on
site. Michael Miller asked if the mining would be constant. The applicant replied that the mining would be an
on again off again operation as material is needed.
Michael Miller wanted to state that gravel is required to be mined before land can be developed per a statute,
making this a requirement unchangeable by counties. He also wanted to state that this operation is a small
operation compared to what could be operated out of this site by another applicant. John Folsom wanted to
state that this will be less of an eyesore in the future, being turned into lakes, than developing this property.
Gary Tuttle stated that the applicant had some questions concerning several Conditions of Approval and
Development Standards. The first was condition D., concerning a permit from the Department of Minerals
and Geology, which will be acceptable. Condition F., concerning the Oil and Gas property owners, and the
Planning Commission agrees that the notice given to the owners is adequate. Condition G., concerning the
setback on Oil and Gas Facilities, which will be addressed in the changes to the Zoning Ordinance coming
before the Planning Commission later in this meeting. The applicant stated a preference for condition M.,
instead of I., from the Department of Public Health and Environment, which Jeff Stoll from the Department
of Public Health and Environment noted was a condition from the state noted as a heads up to the property
owner, not coming directly from his department. The applicant also wanted to state that Development
Standard #30 should refer to#25 instead of#22. Anne Best Johnson agreed that this is a correct change.
Michael Miller moved to add a Development Standard that would not allow the applicant to bring rock and
sand for making concrete. Bryant Gimlin seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, no; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, no; Cristie Nicklas,
no. Motion fails.
Michael Miller moved to add Development Standard# 10 to state"The import of material for the production
of concrete shall be allowed for 6 months, thereafter using material mined at the site". John Folsom seconded
the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 16, 1999
Page 4
Michael Miller moved to add Development Standard #11 to state"When the mining process moves across
the river, the method used to transport the materials shall be a conveyor instead of trucks or heavy
equipment." Bruce Fitzgerald seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, no; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie Nicklas,
no. Motion carried unanimously.
Arlan Marrs wanted to comment that he feels the dust concerns could be alleviated with water tanks instead
of having to use a conveyor.
John Folsom wanted to comment that he feels the conveyor is more for the protection of the river than the
dust issue.
Michael Miller moved to add Development Standard#12 to state"No commercial gravel sales will be allowed
from the site." Bryant Gimlin seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
Michael Miller moved to add Development Standard#13 to state"The number of mixer trucks will be limited
to twelve at any one time." Bruce Fitzgerald seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
Bryant Gimlin moved that Case USR-1237 be forwarded to the Board of County Commissioners along with
the Conditions of Approval and the changes to the Development Standards with the Planning Commission's
recommendation of approval. Michael Miller seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
ORDINANCE 89KK-AMENDMENTS TO WELD COUNTY ZONING ORDINANCE
PLANNER: Monica Daniels-Mika
REQUEST: The addition of Section 84, Amendments of Sections 31.5.5, 36.3.12, and 61.3 of the
Weld County Zoning Ordinance 89JJ
Monica Daniels-Mika presented changes to Zoning Ordinance 89. These changes are listed as emergency
Ordinance 89KK. These changes include three separate parts: the transportation impact fees, the change
in building setbacks from 350 to 150 feet from oil and gas production facilities, and the inclusion of correct
language in section 61.3 concerning the BOA, with a correction in the spelling of"PUD" instead of "PUS" on
line 2. These changes are recommended in accordance with section 22.3.2.1 - 22.3.2.3 of the zoning
ordinance.
The addition of section 84 will cover the transportation impact fees in the form of Ordinance 210 and
Ordinance 211. These changes will be implemented in the building permit fees effective December 1, 1999.
These changes are effective in the Windsor area as defined in Ordinance 210 and the Southwest Weld area
as defined in Ordinance 211. This change will be implemented in order to access fees on new development
to pay for the cost of updating the road systems in these quickly growing areas. A change in section 61.3 will
include language which was missing from the zoning ordinance concerning the BOA.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 16, 1999
Page 5
The changes to section 61.3 are to get the correct wording in the zoning ordinance concerning the BOA.
Bruce Barker wanted to clarify the changes in the setbacks are being asked for in the Estate and Agricultural
zones only, not in the Residential area. Due to the late hour, discussion will start with the Oil and Gas
Production Facilities in order for the public a chance to speak concerning this change. There were several
additional pages added to the record in a handout concerning different possibilities to alleviate the problem
associated with the large setbacks.
Arlan asked if this includes the 20 foot setbacks mentioned in the handout. Bruce stated that this would be
part of the changes to consider. Bruce stated that the Residential zone would keep the 350 foot setback and
that this wouldn't change.
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bob Burroughs, a citizen, wanted to change to wording from the one submitted to apply it to above ground Oil
and Gas Production Facilities. The 350 foot radius makes it almost impossible to develop land split off the
corners of center pivots, noting that one tank battery could ruin building opportunities for three or more pieces
of land. He also wanted to ask for some wording to change to take into account the non-occupied structures
being closer to the Oil and Gas Production Facilities. Arlan asked how many acres this 350 foot radius would
cover. It was stated that this covers 7.8 acres.
Bruce Barker stated that if changes were made to include structures closer than 150 feet that wording would
have to be included to cover what structures could be closer than the 150 feet recommended. One possibility
is to use the Building Code definition from structures listed as S or U in the 1994 Uniform Building Code. He
stated that these cover the Ag-exempt buildings as worked with in the county.
Ken Wonstolen, Senior Vice-President of the Oil and Gas Association, stated that these setbacks are asked
for from Oil and Gas companies when building new facilities, that these are being requested in order to bring
more conformity for those building close to Oil and Gas Facilities. He stated that the setbacks proposed are
actually 150%of the height from the oil and gas structures,which ends up being closer to 200 feet, and asked
that a minimum of 50 feet be considered for structures. These setbacks are requested for safety and for
maintenance of the facilities. Bryant asked if these setbacks are legislative or if these are set by the Oil and
Gas Association. Ken stated that these are a request by the Oil and Gas Association under a state statute.
Brent Cohen of Ernest, Cohen, and Stuart, for clients asked that the setbacks be as minimal as possible and
asked that the word "structure" be better defined for this issue. The possible use of denying any building
defined above S and U instead of defining the structures that can be within the 150 feet.
Ted Carlson, of Austin & Austin, spoke for several area real estate developers. He stated that the existing
setbacks are going to hurt many who want to develop in the county and that the 150 feet will help alleviate the
problem. Ted stated that the 350 foot setback remaining in high density residential will not change much as
there is little existing in the county and that the higher density requires sewer and water systems, thereby
changing the need to clarify in this instance.
Bryant Gimlin moved Ordinance 89KK be forwarded to the Board of County Commissioners with the changes
to sections 31.5.5 and 36.3.12 concerning 150 foot setbacks for buildings classed R and above in the 1994
Uniform Building Code in the Agricultural and Estate zoned areas, the addition of section 84, and changes to
section 61.3 with the Planning Commission's recommendation of approval. Arlan Marrs seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 16, 1999
Page 6
ORDINANCE 210: WINDSOR SERVICE AREA ROAD IMPACT FEES
ORDINANCE 211: SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEES
PLANNER: Monica Daniels-Mika
Monica Daniels-Mika presented Ordinances 210 and 211. Monica stated that these two ordinances concern
transportation impact fees to cover the cost of new development in the county. She added a list of parcel
numbers to Ordinance 211 as well as a map to define the area affected. Monica further stated that a similar
list and map are being created for Ordinance 210. Monica further stated that Lee Morrison has added a
description of the areas affected and that school sites will be exempted from the fee schedule.
The Vice Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller asked if the idea behind these two ordinances is to make new development pay for itself.
Monica stated that this is the idea. John Folsom asked if this is in concurrence with new Intergovernmental
Agreements (IGA) occurring in the area. Monica stated that this covers the county property, but that
municipalities are mostly behind this and look to follow for roads that connect within the city limits.
Don Warden stated that the municipalities will hopefully follow suit and match the fees within the town limits
as well. Bryant Gimlin asked if there is a clause to allow for flexibility, with the applicant doing their own study.
Don stated that there is such a section, but that the applicant must follow the same method in their study and
show results in their favor.
Arlan Marrs asked if someone were to build a new garage behind their existing house, would they be charged
the new fees. Monica stated that no, only buildings that generate new trips on the existing road systems.
Agricultural uses have also been exempted from this fee schedule.
Arlan further asked if this has been pushed through. Monica stated that there have been three readings in
the Board of County Commissioners, articles in the newspaper, as well as the Building Department handing
out information and telling developers of the changes to come.
John Folsom asked if towns would like to join in an agreement with the county,would this be possible. Monica
stated that yes, hopefully all towns in the area affected will follow this impact fee. John wanted to know if
towns do not pay, will they be penalized. Don stated that the fees collected will be used only in the areas
where they are being paid, so in a way, if they are not going to pay, they will not get improvements for free.
John wanted to know if people could go to the Board of County Commissioners to appeal. Don stated that
it would have to go to the courts instead.
Bryant Gimlin moved staff wording on Ordinances 210 and 211 with attached fee schedule be forwarded to
the Board of County Commissioners with the Planning Commission's recommendation of approval. Michael
Miller seconded the motion.
The Vice Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Cristie
Nicklas, yes. Motion carried unanimously.
Meeting adjourned at 6:20 p.m.
Respectfully submitted
Trisha Swanson
Secretary
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