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Home My WebLink About20231647.tiffSummary of the Weld County Planning Commission Meeting Tuesday, June 6, 2023 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice Chair, Butch White, at 1:32 pm. Roll Call. Present: Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan. Absent: Elijah Hatch. Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary. Motion: Approve the May 2, 2023, Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Michael Wailes. Motion passed unanimously. Case Number: USR23-0009 Applicant: Antonio and Eve Rios Planner: Chris Gathman Request: A Site Specific Development Plan and Use by Special Review Permit for a Kennel for up to 40 dogs over the age of six (6) months) in a subdivision or historic townsite (Scotts Acres) in the A (Agricultural) Zone District. Legal Description: Part of Lot 1 of Scotts Acres; being part of Section 9, Township 1 North, Range 68 West of the 6. P.M., Weld County, Colorado. Location: South of and adjacent to County Road 12; approximately 175 feet west of County Road 7. Chris Gathman, Planning Services, stated that the Planning Department received a request from the applicant to withdraw the application for USR23-0009. The Chair asked the Planning Commission if they have any questions. No one wished to speak. The Planning Commission accepted the withdrawal. Case Number USR23-0010 Applicant Devon Weinstein Planner Chris Gathman Request: A Site Specific Development Plan and Use by Special Review Permit for a Kennel and Training Facility (dog training and boarding facility for up to 60 dogs) in a subdivision or historic townsite (Carmacar Ranchettes) in the A (Agricultural) Zone District. Legal Description: Lot 4, Block 1 of Carmacar Ranchettes; being part of Section 5, Township 1 North, Range 68 West of the 6. P.M., Weld County, Colorado. Location: West of and adjacent to County Road 5; north of and adjacent to Mountain View Street. Chris Gathman, Planning Services, stated that the Planning Department received a request from the applicant to withdraw the application for USR23-0010. The Chair asked the Planning Commission if they have any questions. No one wished to speak. The Planning Commission accepted the withdrawal. Case Number RLDF23-0001 Applicant 2936 LLC Planner Maxwell Nader Request A Site Specific Development Plan and Rural Land Division Final Plan for the Creation of Four (4) Lots in the A (Agricultural) Zone District. OA)MMYl(yr ti co, -1 -;'on S ©Co( 8*I93 2023-1647 Legal Description: Location: Lot D of Recorded Exemption, RECX17-0093; being part of the NE1/4 of Section 8, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. South of and adjacent to County Road 36; west of and adjacent to County Road 29. Maxwell Nader, Planning Services, presented Case RLDF23-0001, reading the recommendation and comments into the record. The Planning Department sent notice to 21 surrounding property owners within 500 feet and received no correspondence. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Rose Netto, 2127 Genoa Court, Loveland, Colorado. Ms. Netto stated that she is the representative for 2936 LLC. She said they would like to divide the corner lot into 4 3 -acre residential lots in the Agricultural Zone District. Ms. Netto feels there is a need for these type of properties The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case RLDF23-0001 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland. Commissioner Gluck said he is a neighbor and said he appreciates keeping agricultural acreage. Case Number: USR23-0012 Applicant: Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC c/o Robert Rummer. Planner Maxwell Nader Request: A Site Specific Development Plan and Use by Special Review Permit for a Commercial Recreation Facility and Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Part of the S1/2 of Section 8; part of the SE1/4 of Section 7; part of the E1/2 and The SW1/4 of Section 18; part of the N1/2 N1/2 of Section 19, all located in Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 3; approximately 0.25 miles south of County Road 10.5. Maxwell Nader, Planning Services, presented Case USR23-0012, reading the recommendation and comments into the record. The Planning Department received 62 comments as of 10:00 am this morning, 21 comments are in opposition to the application and 41 are in support. 5 surrounding property owners that are within the 500 - foot notification boundary are against and 1 is in favor of the request Most concerns are regarding traffic, noise, lights, the general negative impact to the area that the business can potentially bring, They are also concerned about the "events" aspect of the request and everything that comes with it. The letters in support of this request wish to see a small business flourish in this part of the County and are excited to participate in the activity. 3 more surrounding property owners that are outside of the 500 -foot notification area sent comments after 10:00 am; 2 were in support and 1 was against the proposed application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Staff recommended removal of Condition of Approval 1.D. because the permit has received final approval. Jeff Rummer, 4121 County Road 3, Erie, Colorado. Mr. Rummer said that he is the property owner, and he is representing Colorado Railbike Adventures, LLC. Mr. Rummer said they want to have custom rail carts that can be used on the historic tracks near his property and an event center for small events. They started meeting with RTD Commissioners, County Commissioners, and the Town of Erie to have discussions on how to move forward with this concept and how to request the rights to use the historic railroad. Mr. Rummer said it has been a long process working with RTD on securing the rights and abiding with all the required rules and regulations. He said they are excited to help celebrate the history of the Town of Erie. The track is the second oldest piece of track in the State. It was also one of the first tracks to take coal from Erie to Denver. Mr. Rummer addressed the concerns of surrounding property owners and how they plan to mitigate and meet all requirements. He said that they do not plan on having large events. Their intention is to have small groups like Boy Scouts, Girl Scouts, and fieldtrips visit their site. Commissioner Holland asked Mr. Rummer which part of the right-of-way is being used. Mr. Rummer replied that they have leased the track from County Road 5 to Highway 287. The part of the track in Weld County ends at County Line. Commissioner Holland asked Mr. Rummer if he owns the rail cart that is currently on the tracks. Mr. Rummer said he did. Commissioner Holland asked if the carts are safe. Mr. Rummer said there are; each rail bike will have 4 seats with peddles, breaks and seatbelts. Mr. Rummer said the bikes are being reviewed and stamped by an engineer and they have to follow RTD, FRA and CPUC rules and regulations. Commissioner Holland asked if there will be more than one bike on the trail at one time. Mr. Rummer replied that the plan is to operate 10 to 20 bikes at a time; there is a guide bike in the front and in the back. There are no unsupervised trips and people are not allowed to get off the bikes during the tour. The bikes cross Briggs Street so one of the guides directs traffic so the carts can cross safely. They do not plan on crossing County Road 3. Mr. Rummer said the tracks between County Road 3 and 5 are currently covered with asphalt and they do not intend to use this part of the track at this point in time. Mr. Rummer asked his father if he had anything else to add. Bob Rummer, 306 East Michigan, Berthoud, Colorado. Mr. Rummer explained grade crossing safety is managed by Colorado's Public Utilities Commission under the authority of the Federal Railroad Administration and they have to follow all FDA rules and regulations. All the crossings the plan to cross are passive with slow speeds. Mr. Rummer said they will be required to follow "Stop and Flag" rules which is similar to a school crossing guard. Commission Holland asked if there is any other operations similar to theirs in Colorado. Mr. Bob Rummer replied that there is another rail bike operation in South Fork and theirs will be the second operation proposed in the State. Commissioner Holland asked Mr. Nader if he has had any interaction with the Town of Erie regarding this application. Mr. Nader said he has reached out a couple times but has not heard back. Mr. Nader said he will try and contact them again before the BOCC Hearing. Mr. Jeff Rummer said that they actively met with the Town of Erie, but the Town is experiencing a lot of turnovers with the planning staff. They have spent approximately 10 hours meeting with them. Mr. Rummer said the Town of Erie is aware they are working with the County on this proposed application. Commissioner Holland said that he lives in this area and the traffic on County Road 3 is dangerous. He stated that he is glad to hear they don't plan to cross County Road 3. Commissioner Wailes asked the applicant how they turn a rail bike around. Mr. Jeff Rummer replied that there are two different methods, and they are working with the engineer on which one will be better for them. The first method is a drop -down turn table that pops down from the bottom of the bike causing the bike to raise up and turn it. The second is having a turn table that sits on the tracks that the bike would ride up on and it will turn the bike around. Commissioner Wailes asked the applicant if they are considered a railroad by the commission. Mr. Bob Rummer said the Public Utilities Commission spoke to their attorneys and rail bikes would not be considered a railroad because they are not a locomotive carrying passengers. The driver of each rail bike is considered their own operator. They do have to operate like a railroad at crossings. Mr. Jeff Rummer said they did ask the Town of Erie about having the blinking red lights for pedestrian crossing, but the response was they have to operate like a railroad at the crossings. Commissioner Palizzi asked the applicant if they have any issues with the conditional hours with the portable toilets. Mr. Jeff Rummer said they can operate within those guidelines while they are open for 6 months. If they decide to open all year round, they will put in public restrooms which is delineated on the plans. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Carole Pitre, 4085 County Road 3, Erie, Colorado. Ms. Pitre said they live adjacent to the applicant's property where this is planned. She stated that she is strongly opposed to this and does not feel it fits in the character of the neighborhood. Ms. Pitre said she thought it was a requirement of the fire department that they have to have a permanent water source, which she did not see on the final recommendation. Ms. Pitre said the previous property owner lived there for 30 years. She applied with the County to split her property into 3 parcels for her family. She said it was denied. Ms. Pitre does not want commercial property in the agricultural zone district. She is concerned about the danger of traffic. As a livestock owner, Ms. Pitre does not see any benefit of this proposal, only detriment. Tansea Love, 4285 County Road 3, Erie, Colorado. Ms. Love said she is the property owner directly northwest corner of County Road 3 and County Road 1 1/2. She is concerned about the traffic. There are no turn lanes or crosswalks. Ms. Love is concerned about the additional traffic coming to this property. She is also worried about people trying to interact or feed her horses and goats, causing them harm. Ms. Love is worried about the noise and traffic that could come from events being held on the property. She read her closing paragraph from her letter into the record asking the Planning Commission to consider how they would feel if this business was right out their back door. Frances Boardman, 4185 County Road 3, Erie, Colorado. Mr. Boardman expressed his objection to the proposed site, especially the event center component of this application. He said he is an avid cyclist and student of history; he appreciates the applicant's consideration for the history of the Town and for an outdoor activity that many Coloradoans enjoy. However, he feels the addition of an event center will signifyingly and negatively affect the character of the neighborhood. Lisa Katchka, 381 Baker Lane, Erie, Colorado. Ms. Katchka said she can see the corner of County Road 3 and County Road 1 'h from her property. She said that traffic is like a racetrack and is loud. Ms. Katchka said the reason they moved to the neighborhood was because it was quaint and quiet, and she is appalled at the change of the area. She is opposed to this application and does not want an event center in the neighborhood. Ms. Katchka stated that many of her neighbors are opposed and would like more time to send in their letters of opposition. Vice Chair White explained that the surrounding property owners still have the opportunity to send their comments to the Board of County Commissioners because they will make the final decision on this case. Jeff Rummer thanked the Planning Commission for allowing him to address his neighbors' valid concerns. He said his house is the first house to be impacted by this proposed site. He has children who go to bed at 8 pm and they do not plan on using the event center for loud parties, but to be used for the nature of rail biking . The 10 pm closing time is set to make sure the rail bikes are returned, and the customers leave the site by that time. He said they recognize the character of the neighborhood and the Agricultural Zone District. Mr. Rummer said he fully agrees with the challenges of the traffic and hopes to have the speed limit lowered in that area. He does not feel they are a significant addition to the traffic. Mr. Rummer reiterated that events are not their business, but instead rail biking. The events they foresee are meetings being held by Boy Scouts, Girl Scouts, or other small community gatherings. He said they may allow small weddings and are working out those guidelines with the County. The business model is rail bikes, celebrating history, providing outdoor fun, recreational activities. They don't expect to have late -night parties or high volumes of noise. Commissioner Palizzi asked the applicant how they plan to follow the fire department's requirement to provide water for fire protection. Mr. Rummer said that requirement is in conjunction with the barn. If the barn is approved, it will be addressed through the building permit process. Motion: Remove Condition of Approval 1.D. as requested by Staff, Moved by Michael Wailes, Seconded by Shana Morgan. Motion passed unanimously. The Chair asked the applicant if they have read through the Development Standards and Amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR23-0012 to the Board of County Commissioners along with the Amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Shana Morgan. Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana Morgan. No: Skip Holland. The Vice Chair called for a recess at 2:40 pm. The hearing reconvened at 2:48 pm. Case Number: 1 MJUSR23-14-0005 Applicant: Terry Grazing Association, c/o Connell Resources Inc Planner Kim Ogle Request: Site Specific Development Plan and First Major Amended Use by Special Review Permit for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee and equipment parking associated with operations, and mine support infrastructure outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: All of Section 21 and the SW1/4 and S1/2 of the SE1/4 and NW1/4 of the SE1/4 and SW1/4 of the NE1/4 of Section 22, all in Township 11 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17; west of and adjacent to County Road 21. Kim Ogle, Planning Services, presented Case 1MJUSR23-14-0001, reading the recommendation and comments into the record. The Weld County Department of Planning Services sent notice to surrounding property owners. Planning staff received several telephone calls specific to the proposed facility including the permitting of the Hot Mix (Asphalt) plant, dust from material processing and truck traffic on area roads, no written correspondence was received prior to preparation of the PC resolution. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Bill Schenderlein, P.O. 2427, Fort Collins, Colorado. Mr. Schenderlein is with Blue Earth Solutions representing Connell Resources. He said this is an amendment to the existing Carr Pit site. Mr. Schenderlein stated that Tony Connell, Vice President of Connell Resources and Kevin Anderson, the Aggregate Manager of Connell Resources, are here to help answer questions the Planning Commission may have. The amendment project area is approximately a half mile north of the Community of Carr. The amendment area is adjacent to the eastern boundary of the previously approved Carr Pit (USR 14-0005). There will be no increase in truck traffic. The amendment is to add additional resources to the existing site. Mr. Schenderlein explained that Lone Tree Creek is located towards the southern part of the site; that area is not proposed for mining. They will be dry mining with no ground water exposure. Commissioner Wailes asked the applicant how many pieces of equipment will be operating in the amendment area. Mr. Schenderlein said there will be an excavator doing the mining; there may be a dozer or a loader behind it spreading overburden material. The excavator will load 1 - 2 haul trucks that will run material to the processing plant. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Myron Yoknis, 9417 Roosevelt Avenue, Carr, Colorado. Mr. Yoknis is concerned about a possible increase in asphalt processing and the fumes it creates in their area. He is not too concerned about traffic, but more the safety from fumes. Jackie Neubauer, 9961 Stevenson Avenue, Carr, Colorado. Ms. Neubauer said that she is appreciative of Connell Resources and feels they are doing their best to work with the community and responsible in what they are doing. She said truck traffic has increased in the area and is a safety issue. Her son and his wife were backed into by a truck. Ms. Neubauer said there are issues of rocks falling out of the trucks and the trucks speed on the roads. She said she realizes that water trucks are watering the ground, but the dust that comes from the stockpiles is not watered down. Ms. Neubauer said that not only is dust blowing into town, but the dust includes crystalline silica which is toxic and causes irreversible health issues. She is concerned the toxic dust will also affect the livestock, trees and the creek. Chris Neubauer, 9961 Stevenson Avenue, Carr, Colorado. Mr. Neubauer shared the same concern about the creek as his mother. He feels that flooding has started since Connell started mining. His property gets flooded. Mr. Neubauer stated that him and his wife were on their motorcycle and were hit by a truck. He said he has almost been run into by trucks 2 times this year. Mr. Schenderlein addressed the flooding of the creek. He said there is nothing they do that would increase the amount of storm water that Lone Tree Creek collects. The mining is shallow and should not get into any ground water that would affect the current flow. Mr. Schenderlein explained that the piles that were shown in the presentation are product stockpiles which are near the processing facility and not on the amendment area. The amendment area will be mined and moved to the processing facility. He said that they have 2 water trucks that work continuously to keep the dust from blowing. During high winds they will even stop working. Mr. Schenderlein said he understands that when the wind is blowing dust blows; however, the stockpiles are product that has been screened and are very specific sizes of material. The particles that travel the furthest in the wind are the fine silks and the clays which are not in the stockpiles. Mr. Schenderlein stated that the amendment area does not propose having an asphalt plant. The existing asphalt plant on the first USR area is rarely used. Mr. Schenderlein said that Connell Resources does run their own trucks. The truck drivers are educated to follow speed limits, etc. Because it is a commercial business, some trucks that are not Connell trucks come onto the site. They only have so much control over the drivers of the private trucks. Commissioner Holland asked if they water down the stockpiles. Mr. Schenderlein explained that at the processing facility, water is used for certain operations with the screens and the crushers. The water controls silica dust which is regulated by MSHA. Tony Connell, 7785 Highland Meadows Highway, Fort Collins, Colorado. Mr. Connell said they are regulated and have an air pollution permit for fugitive dust. He said under high winds they do their best to control the dust. They will shut down their operation when there are high winds. Mr. Connell said they do their best to mitigate the dust and will continue to find ways to improve. Mr. Connell addressed the cottonwood trees. He said they have river setbacks and they have never damaged any of the trees. In fact, they are still thriving today. Commissioner Palizzi asked the applicant what regulations they have with wildlife. The applicant replied that during the State permitting process, they worked with the Colorado Parks and Wildlife regarding the Lone Tree Creek corridor. Mr. Schenderlein said that during the County permit process, they worked with the U.S. Fish and Wildlife. Commissioner Wailes asked the applicant how long they will be mining the amendment area. Mr. Schenderlein replied 8 years. He said it depends on material demand. Mr. Ogle said that the applicant would like to amend Development Standard 7. They are requesting to change the number of employees from 3 to 5. Commissioner Morgan asked for more explanation on why the applicant was amending the number of employees. The applicant said they will have 2 or 3 employees working in the amendment area, but they need to take in consideration of haul truck operators who are coming and going. The haul trucks will run from the amendment area to the current site. Motion: Amend Development Standard 7, as requested by Staff, Moved by Michael Wailes, Seconded by Sam Gluck. Motion passed unanimously. The Chair asked the applicant if they have read through the Amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case 1MJUSR23-14-0005 to the Board of County Commissioners along with the Amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland. Commissioner Gluck expressed to the applicant that they need to make sure they are taking care of their neighbors. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 3:52 pm. Respectfully submitted, Michelle Wall Secretary Hello