HomeMy WebLinkAbout20220289.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2022
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 Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the December 7, 2021 Weld County Planning Commission minutes, Moved by Tom
Cope, Seconded by Skip Holland. Motion passed unanimously.
CASE
APPLICANT: NUMBER: SA A AND KRISTA ARICAYOS
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 1 OF SUBDIVSION EXEMPTION SE -1150; BEING PART OF THE SE4SE4
OF SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO NW C STREET; APPROXIMATELY 0.37 MILES
WEST OF NORTH 21ST AVENUE.
Maxwell Nader, Planning Services, presented Case COZ21-0004, reading the recommendation and
comments into the record. Mr. Nader noted that no correspondence was received from the surrounding
property owners regarding this application. The Department of Planning Services recommends approval
of this application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Commissioner Hatch said that he serves with Mr. Aricayos on the Weld County Fair Board but feels that he
can be impartial in this case.
Isaia and Krista Aricayos, 2434 C Street Northwest, Greeley, Colorado stated that the original project
included a second residence for his aging parents to live in and felt that this was the best route for them for
opportunities and options. However, their plans may change in the future since his father recently passed.
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 Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ21-0004 to the Board of County Commissioners
ommiss on rs along with by the e Conditionsael of
Approval with the Planning Commission's recommendation of app
Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
CASE NUMBER: COZ21-0006
APPLICANT: GENELL
HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
MAXWELL
PLANNER:1
2022-0289
o1/,q/z,
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3854; BEING PART S2NW4 SECTION 22, T1N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 7; APPROXIMATELY 0.25 MILES SOUTH OF
CR 8 (ERIE PARKWAY).
Maxwell Nader, Planning Services, presented Case COZ21-0006, reading the recommendation
ecom eationtand
nd
comments into the record. Mr. Nader noted that ten (10) letters from surrounding property owners
of the 500 -foot buffer were received in opposition to this application. The major concerns listed in the letters
were focused on the changing environment and the potential increase in traffic. Additionally, there was an
anonymous phone call received in support from a farmer in the direct area that was in support of the request.
Mr. Nader added that Staff received a letter of support from an adjacent landowner to the south detailing
that large scale farming in Erie does not have a future anymore with the development that is occurring in
the area.
Mr. Nader commented that the Town of Erie has classified County Road 7 as a principal arterial road that
and a required 140 foot ding to the Town of Eof-way. He rie'sat the zoning in Land Use Map, this aeahe area fis designated for businesse site consists of tand
and C-3 Zoning. According
industrial.
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Commissioner Wailes referred to the referral submitted by the Town of Erie and added that he doesn't
understand what they are asking for. Mr. Nader said that when a Change of Zone and Site Plan Review
are processed concurrently, it is confusing and you can see a little bit of that in the referral. However, Mr.
Nader said that he spoke to the Town of Erie following their referral and he added that Erie is not concerned
with the Change of Zone request, but more concerned with the Site Plan Review request regarding the
conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Steve Litsas, 4582 South Ulster Street, Denver, Colorado, stated that the applicant is looking to change the
zone from agricultural to commercial to have a high -quality RV storage facility. Mr. Litsas noted that there
are concerns regarding the Site Plan Review and added that in general RV storage is very low traffic
generating. He added that they are looking at 16 total trips (8 trips in, 8 trips out) in the peak hour. Mr.
Litsas said that of that traffic, 15% would go down County Road 6.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ed Kosorok, 3923 CR 6, stated that he has lived there for 25 years. He said that he is against any zoning
changes in development, however, he knows it is inevitable and resigns to working to minimizing the impact
on them. He respects the right of landowners to do what they want within reason. Mr. Kosorok said that
their biggest issues are regarding traffic and lack of law enforcement. He expressed concern for the
increased traffic and speeding and recommended that the speed limit should be reduced on County Road
7 as there are hills that would reduce visibility for large units exiting onto County Road 7. He added that
since this is a zoning change request, it could open up properties to other businesses that might be less
compatible or desirable.
Genell Hulstrom, 2714 CR 7, Erie, stated that 50 years ago they moved onto the property and farm ground
surrounded idthat them; however, the only g has gone on they have totey have been engulfed with development. retire on is their and so they decided to put part ofs. tom
he
said that as farmers ything
ground up for sale. She requested that this application be approved.
Mike Schweitzer, 3298 CR 4, Erie, stated that over the last few years all RV projects in this area have been
denied by the Weld County Commissioners. He said that County Roads 4 and 7 are seeing more and more
traffic as more homes are being built. The problem with changing zone from rural residential to commercial
is that there is no infrastructure in place such as fire protection, fire hydrants, runoff of water from paved
2
area, and sewer. He expressed concern with dropping a commercial property in the middle of a residential
area and the impacts it has to the surrounding area.
Commissioner Gluck asked if there is an RV storage facility close to this site. Mr. Schweitzer said that it is
close but it is next to 1-25.
Dee Trembath, 3376 Longview Road, stated that she lives about one-half mile from this subject site. She
said that they have dealt with threethose facilitiestorage facilities on County Road 6 but they are east of the
use County
Road. She added that Road 6 to transport vehicles so there is a lot of h said that tere are very lae drainaetches n storage traffic on their roads. Ms. for riding horses o walking9he dogs.oMshTrembath
e sides of
the roads so there is no room for safety people that a
said that farming is getting to be very difficult for all of the farmers, but the impact of lighting and traffic
would have on their area is scary. erty and the sed
Dave Hulstrom, 2600 CR 7, Erie, statedhis back aid th
Mrat elives on his own piece of Hulstrom said that he would rp rather have a sto�age
storage facility will be 50 feet from yard.
ly has farmed
facility as opposed o hundreds of been developed and has littles ow. He said ground left to farm. iMr. Hulstrom said
about 3000 acres of which 90% has the
that he fears a lot of time equipment.
He saidfarm guipment in the area with that he hopes the Commissions people
see where the farmers
irritated because of his equipme
are coming from and a farmer deserves to reap his benefits in the end.
Commissioner Cope said that directly north of Mr. Hulstrom's property is the Erie Exchange, LLC and asked
what that is. Mr. Hulstrom believed that it is an some kind of storage facility. e Mr. Hulstrom saidusiness and that hat if there that it is is anything
der Erie's
jurisdiction. Mr. Cope asked if it is
that you want to store you can store it there.
Rick Hulstrom, 2716 CR 7, stated that his parents bought that place in 1972 and prior to that his great
grandparents lived there and added that they hup until 10 yearse seen a lot ago.f changes He said it ish he years. hard to let it goe ded but this
that
farming is in their blood and had a dairy
will ensure financial stability for their mom. He said that there are hundreds of homes next to them that are
being built and added that they will need this facility. at an RV storage ity works here
se is tthe comments sewer srding infrastructure and said and added that the nearest public sewerll line is about 1
because it is very low water and generating proh
mile away and it is cost prohibitive
to since2007. bring
't tTherefore, this site. Hnfrastructuadded
re should not be a concern cost
hereibitive
the site has not been able to se
low and ed
Mr. Litsas referred to traffic on County Road 7 and ed that he peak of trips during peak hourry He added that
that if there were housing it would be a much largernumber
according to the traffic study it st which is very low. Mr. Litsas stated that the
hows Road is 60sfoot and as partin and 8 trips uof his development they will be dedicating the
current right-of-way on County
additional 40 -foot right-of-way, as per the Town of Erie's request. He added that this would allow, in t e
future, for the mitigation for the widening of the road and traffic.
Mr. Litsas provided visual pictures of other RV storage facilities owned by Macritchie showing the canopies
and high scale facility.
Commissioner Gluck asked if the site will be fenced or gated. Mr. Litsas replied that it will be fenced and
gated. use mmable
Commissioner Palizzi asked if there will
the row it might brighten a little but is still . Litsas replied till in at they withe dark sky come pl ance.
lights at nighttime so as you drive down ty are evant as eviewing the
Commissioner WailesHthat drainage,
ainage, infrastructure requirements t questions of the and access points wilare
be addressed n
change of zone. He said that drain g ,
the Site Plan Review application process.
3
Commissioner Gluck asked about the tax rate for commercial and agricultural. Bob Choate, County
Attorney, stated that it is based on use and not zoning.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
oners along with the Conditions of
App Motion: Forward Case Cng Commission's
toe Board of recommendation ty of approval, Moved by Tom Cope, Seconded
Approval with the Planning Commissio
by Sam Gluck.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope.
No: Butch White. to prevent es
Commissioner Cope stated that the County has
one away from Hadded that the change of zoecial Use ne needs to be ropertin close
like this from being spot zoned in the county.
proximity of other transportation properties eet those criteria for infrastructure,
etc.
an adequate believes change of zone done a very good
job identifying that this actually does m
CASE NUMBER: PUDZ21-0003
APPLICANT: DOB FARM, LLC, C/O DARYL AND DEWAYNE BOHLENDER
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE (3)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USEAND ON -GOING
OIL AND GAS ACTIVITIES.
LEGAL DESCRIPTION: LOT A SECTION 8, T4N AMENDED
OF THE 6TH P1M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 39; APPROXIMATELY 0.25 MILES NORTH
OF CR 46.
g the on and Diana Aungst, Planning Services, presenteew oft he Sketch Plan, Ms. Case 3Aungstnstated that the appliclant had
comments into the record. During rev
requested two (2) Estate Zoned lots and one (1) Agricultural Zoned lot. The applicant then requested that
all three (3) lots be zoned Estate Zone Uses. In September 2021, pr
ior to the submittal of this PUD Change
of Zone the applicant indicated that theysolarenergy would
gthe large lot to be used for a solar energy facility request; however, in October 2021 the (applicant
ty. The
review of this application included the r energy facility and then
submitted a letter stating that they no longer ish to utize the tial with hav ng EstateeZone Uses..aDue to this change, Staff
wished to have three (3) PUD lots all res den
is asking for a revised traffic narrative.
Ms. Aungst stated that the applicant is seeking a waiver from the Board of County Commissioners from
ess than 2.5
Section 27-2-40 Bulk Requirements as the two 39 is a paved (ler road residential
(County Code Section 27-2120 stipulates
acres in size. Because County Road applicant's
that the internal road serving will have e lots combined otaled without exception. of four (4) daily round According
trips of I passengerp vehicles,
traffic narrative, Lots 1 and pickup or tractor round trips per day.
while Lot 3 will have approximately two (2) p p
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. 61 46, stated thaDaryl and Dewayne Bohlender, ownersof
their neighbors. The DOB Daryl PUD wasld�ed upfromwater oh erw se
they
bought this land so that they could choose
they would have farmed it with their la said that their 'sion is Bohlender l stated thathomes
they with
ah enrequesting a
all adjoining
outbuildings with open space and native grasses. Daryl
variance from the paved internal road. in. He said that they have crushed asphalt going into their farm He added that they envision a non -paved road that is sand
with the rural environment that they live
believe that it is beneficial wand ase reduces or gravel drivewayslls. Dewayfle and would like Bohlender
be provided
h the area. o
neighboring properties with road 4
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Cope asked what will happen with the oil wells and who gets the revenues on that. Daryl
Bohlender said that they do not own those rights and added that this facility will be abandoned in five (5)
years.
The Chair referred to the request for the variance for the internal paved road and asked the County Attorney
on how to proceed. Bob Choate, County Attorney, stated that the Planning Commission does not have the
authority to review that. He added that this isn't something that can be waived at this time; however, staff
is reviewing Chapter 27. Commissioner Cope said that it should be considered for future development.
The Chair asked the applicant if they
have
read
through
hthe
Conditions of Approval and if they are in
agreement with those. The applicant replied ve that hhare in agreement.
Motion: Forward Case PUDZ21-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
The Chair called a recess at 1:44 p.m. and reconvened the hearing at 1:51 p.m.
CASE NUMBER: USR21-0020
APPLICANT: ESTROMINA CO GREELEY LAND, LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX18-0151, BEING PART NW4 SECTION 19, T6N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 392; EAST OF AND
ADJACENT TO CR 37. he on and
Michael Hall, t Plthe
es, presented no, reading record. Mr.
property owners; however, a phone call regarding general questions was received yesterday. He noted
that the facility will be located of Planning lte and the closest residence is Services recommends approval of approximately
application alongfeet wrom
ith
the solar arrays. The Department
conditions of approval and development standards.
Commissioner Edens said that a few years ago she attempted to put a solar facility on a property and was
told that the maximum acreage for that facility was 5 acres. Mr. Hall said that the solar code was recently
updated in and added that the scale-baseds is the first ar energy and is now based on a near urban or ag-rural
cility under the new code changes. He -
that the code changes removed
designation depending on the zone district and acreage.
Commissioner Hatch clarified if the height of the modules would be 14 feet. Mr. Hall replied it would be 14
feet at full tilt.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Michel Redding, 20 Trafalger Square, Nashua, New Hampshire, stated d hat at t acry es will
situate the the total project
in
the center of the property with the footprint of the facility being app Y
cre
site. He added that they are proposing a tracker style solar array and provided pictures as an exhibit. The
tracker style is facing east and will move to the west as the sun sets. He added that they will be tapping
the steel posts in the ground for about two to three weeks so there will be some noise during that time. Mr.
s
Redding said that the site will be fenced and there will be weed management on site. He added that they
will mow the site approximately two times per year.
Chris Haas, 3473 South Broadway, Englewood, Colorado, highlighted the review criteria and their
application process. They provided the additional standard statements and commended the Planning
Department in making this process efficient. Mr. Haas said that their intent in their application was to stress
the compatibility of this project with the existing land use surrounding this property.
Commissioner Edens commented that Colorado just lost 1000 homes to grass fires and added that she
personally doesn't think mowing the grass two times a year is sufficient. She believes it should be
maintained much better than that. Mr. Redding said that it is a balance between the importance of the
habitat versus providing public safety. He added that if the Commissioners feel that public safety may
outweigh the need for maintaining a longer -term habitat they are open to that.
Commissioner Hatch asked if there is any bare ground areas along the fence lines that would help mitigate
fires. Mr. Redding said that there is a gravel road that goes up through the center, a canal to the east and
there is another road on the west that creates a natural break.
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.
App Motion: Forward Case USR21-0020
Standards with to the Board
PlanningCounty
Commission's recommendation ofConditions
app oval,
Approval and Development
Moved by Sam Gluck, Seconded by Michael Palizzi.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland, Tom Cope.
No: Pamela Edens.
CASERLDF21-0002
APPLICANT: NUMBER: RICHARD AND PATRICIA STAHL
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN FOR THE CREATION OFTWO (2) LOTS RURAL
THE A (AGRIC O TURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1748; BEING PART SW4 SECTION 26, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 33; NORTH OF AND ADJACENT TO CR 40.
Chris Gathman, Planning Services, presented Case RLDF21-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that the site is already developed with two homes on site.
He stated that there is an existing landscape and access easement on the southern end of Lot 2 that is not
part of the Rural Land Division. Mr. Gathman said that because it is an access easement it has to be
addressed, therefore, as a condition of approval they gave the applicants options of 1) vacating the
easement, 2) remove reference to access in the easement agreement dated September 7, 2012, or 3)
submit a lot line adjustment application to adjust the boundaries to incorporate it into the adjacent lot. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Commissioner Cope noticed that the septic system was designed by him in 2005 so he wished to recuse
himself from this case.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Melissa King, Development Review, reported on access locations and noted that two accesses along
County Road 40 are proposed to be closed. The access to this site will be on County Road 33, which is
approximately 230 feet north of the intersection of County Roads 33 and 40. The existing spacing of 230
6
feet does not meet the minimum access spacing criteria of 330 feet for local roads. Therefore, the applicant
ounty
has equested a variance for uhis Countys Roadtion. 33 near U S e variance
Highway 85 will be permanently y closedic along . Upon
Road 33 will be reduced because
review a the variance request,
the
has
been
and Division by the Weld this request is supported by
Board of County Commissioners.
contingent upon approval of the Rural
d right-Of-
ws part the prural land statained. The Code requires and s, an internal road shall
specifiesconstructed
60 feet swith
h a minimumdright-of-way for
way teat is privately maintained.
0 feet.
a local road. The applicant is n requesting case specifics that there are only two existing homes to be accessed
y dedicated right -of -Way in lieu of
Upon review of the application and
by this internal road, Staff is in suortof the Welguest. d CountyThe
Codear This County
redu reduced fight of --way request is
e
authority to grant a lesser right-of-way p
contingent upon the Board of County Commissioners approval.
e ernal roadway shall meet l county
Ms. King stated that as o part df the he local and road Division typical cross sectiotandards, n andtan emergency vehicle turnlaround.
codes safety criteria to include
n applicant
ro n . is p requesting eiea application
snce to use an pt cation and anternate cross email from the Plattevon ille-Gilcest Fire Protection District
turn around. Upon review of the app
stating that the Da t acceptable,
continnot see gny ent upon scts with their interests in this the Board of County Commissioners thallowi g the reduced
determined to be 9
right-of-way and the approval of this Rural Land Use application.
Patricia Stahl, 16087 CR 40, LaSalle, Colorado, stated that the primary reason for the variance requests
is because her property was built in 1907 and the code changed in 2020. She added that she was three
months late in obtaining a recorded ex anon so doesn't work when
you try to mesh a 115 -year -old property and Ms. Stahl said that the second home was used OfoOr
requirements there are places that it just
their aging parents and then they rented it out. She added that currently her and her husband are
donot abwn le
to take care of the two properties anymore and they
hope to sell the second home to pay
mortgage.
Ms. Stahl said that assuming access is granted on County Road 33, a public road right-of-way would be
only 135.3 feet h in ded For this mal told distance,
s the Fire Department that bee doesn't believe a 60-foot
ause troad with a cul de sac is
of where the houses are
warranted. She added that she was by
located, which are very close to the fires would be addressed from
he further added that they would access the
would w er from the ditches outside
not want to go internally. S
of the property for fire protection.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
ad ht ll over onto
Dante , 16019 CR 40, stated that thatls concern is he controls with tthe upgraded internal h s property. His concern wasgthat the new road
the landscape and access easement
would not be built on any portion on his property.
After hearing the case today, he understands that this
won't happen, therefore, he is in favor of this app
on.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement. ith he ions Motion: Forward Case RLDF21-000 ha commendationof pprovalard of County Commissiones along r Movedwby tMichaeldltWailesf
Approval with the Planning Commss oos
Seconded by Sam Gluck.
rent anthere
Commissioner Holland commentedthat
he was involved in a e and lawsuits happened similar
He added that gtheee was statea lot o fssues
was a fire that caused significant damage
because the City had made a decision to depend on the approval of the Fire Department. He commented
that he supports this but believes that this is a real potential fire issue.
Commissioner Edens asked if one of the King stated that shehas see
two accesses that re propod to be n this whenthere is aclosed
County
certan�ength
ad 40
be used as a Fire Department exit. Ms.
of road and lots of houses on it; however, she is not sure that a two -lot would warrant that based on the
location of the houses in the proximity to the county roads. Commissioner Gluck added that these homes
are accessible right off of County Road 40.
The Chair called for the vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland.
Abstain: Tom Cope.
The Chair called a recess at 3:23 p.m. and reconvened the hearing at 3:33 p.m.
CASEUSR21-0019
APPLICANT: NUMBER: DAVID AND KAYLEEN HUNT
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SOILS) AND PROCESSING OF MINERALS
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT IAMRECX20-14-0042, BEING PART OF THE
N2NE4 AND LOT B G PART OF THE
S2NE4, ALL IN SECTION 33, T4ND ER66W OF THE 6TH P.MC EXEMPT RE -933, ., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40, WEST OF AND ADJACENT TO CR 31.
Michael Hall, Planning Services, presented Case USR21-0019, reading the recommendation and
comments into the record. Mr. Hall noted that no written correspondence was received from surrounding
property owners; however, as a result of the sign posting, one (1) telephone call was received from a
surrounding property owner. The concerns expressed were about dust control, increased traffic and
potential for roadway damage. 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.
Commissioner Wailes referred to the application that stated the drainage will drain back into the mine. He
is concerned with the proximity to the feedlot and asked if staff has any concerns with contamination of
groundwater going into the mine from the feedlot.
Melissa King, Development Review, said that it appears the typical drainage on the site is from the
southeast to the northwest. Drainage is designed to go into the pits and that is an exemption that would
preclude them including detention on the site unless there is a disturbance outside that it wouldn't drain to
the pit. Ms. King reported on the access and traffic.
Andy Rodriguez, Civil Resources, 8308 Colorado Boulevard, said that the application is for mining;
however, they will only be mining the top two (2) feet. Mr. Rodriguez stated that the feedlot will not drain
into the pits and all water on site will drain into the pit or to the buffer areas. This soil will be used in Weld
County for use in various oil and gas reclamation sites. There will be approximately 100 trips in and out of
the facility. Mr. Rodriguez stated
cropthe life land and of
the agricultural ine is
expected to last four (4) years and then it is
z
intended to be reclaimed to o
P
David Hunt, 14460 CR 40, Platteville, Colorado stated that he saw a need arise as the oil and gas industry
was claiming well sites all over his different farms. He added that he would often get soil that he wasn't
used to using. Mr. Hunt said that the need is to provide some soil and this farm is ideal to mine for soil.
Mr. Hunt said that they have a berm around the feedlot and added that it is a CAFO feedlot that has many
regulations. The drainage from the feedlot does not come into this mine area.
Commissioner Wailes asked how far below current grade the land will be at reclamation. Mr. Hunt said that
he hopes when he is finished mining the water will drain like it does today. He added it will be two (2) feet
lower than today. He said they are mining soils and are selling the topsoil.
8
Commissioner Cope asked what the percentage of traffic goes north and south when you get to Highway
85. Mr. Rodriguez said that it is 5c going across the north and ° south. Mr. Cope said that highwa going southbound. He added thate would be a le thelbigger
concerned with the heavier traffic going
percentage that can go north would be better.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Grant Greiman, 15301 CR 40, stated that hes concerned hes shallow and how that w Inoise and truck traffic. I affect the
e asked if
anyone has researched the proposed retention pondsas the water
Town of Gilcrest. said said that the area is o do something to County Road 40 as this will bry sandy and doesn't know how they will e a heavy haul
blowing. He said that the county will have south out of the He said he is trying to
road. He would like to know the haul route if they are going andsite.H looking at quality of not fe.
stop this but would like to see traffic dispersed evenly and appropriately le would be mately
Dante Folino, 16019 CR 40, LaSalle, said that
errious cent are going wewhat the 'staHe added thatrthepe�s'a state
85 percent of the trucks that are going east 15 P
highway a quarter -mile away from this entrance
anentersectonthaast 't doesn't south of anantersection that�tets out onto
to send the
majority of the traffic east on dirt roads in
the highway. He said that the heavy traffic should go on the road designed to hold it.
Mr. Rodriguez said that he has been doing this for 20 years and has seen gravel pits struggle to vegetate
material. He said that with Mr. Hunts experience, irrigation essful in reclamation. The and he fact that he has manure intent is not to expose groundwater
to the site will lend this site tHbunt
very successful
d
however, if it is exposed Mr. Hunt is in violation suof bRMS permit. The traffic concerns are standard highway. He added that the county roads and are
that this site is close to Highway 85 that
more viable in certain scenarios and added that they sat down with staff and talked about putting mag
chloride on them.
Mr. Hunt said that traffic is a valid concern .Road 33 is there ra good road and he believes they wile reasonable safety issues using l hwbeausi g that
y 85 with
turning across traffic. He added that County
road. He further added that they will add mag chloride if they need to and added that it is a four -to -five
year project.
be
Commissioner Wailes asked who would primarily be working with atling the roduct that time. Mr. Wailesy. Mr. tsaid it commentedthat
whatever oil and gas company that theye
the applicant can recommend which this work for the next few yeast Mrl route they use. Mr. Hunt said thathHall 1po nted out that there are
l put signage up or speed
limits and do whatever it takes to make
two (2) conditions of approval included regarding traffic. He said that a lot of the
between Weld County Development Review and CDOT and added that there are ongoing discussions that
really plays into the traffic impact study and haul route.
The Chair asked the applicant if they have read through the e Development
that they lards are s and Conditions of
Approval and if they are in agreement with those. The applicant
ppI 'replied
rs along th the ditions of
Motion: Forward Case USR21-0019 to w { Bh oard
dPlanning Commissioof County ln'se recommenldat on ofnapp oval,
Approval and Development Standards
Moved by Skip Holland, Seconded by Tom Cope. Yes = 8).
Vote: Motion carried by unanimous roll call vote (summary:
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland,
Tom Cope.
The Chair called a recess at 4:28 p.m. and reconvened at 4:31 p.m.
Commissioner White and Commissioner Gluck left the hearing at 4:28 p.m.
CASE NUMBER: 1MJUSR21-76-298
APPLICANT: NORTH WELD GRAVEL, RLLP, CIO C&H AGGREGATE, LLC
PLANNER: KIM OGLE
9
REQUEST: A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR-298, FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS, IMPORTATION OF
AGGREGATE (SAND, GRAVEL AND STONE) FROM OFF SITE, MINE OFFICE
WITH SCALE HOUSE AND SCALE, A FUELING/LUBRICATING STATION,
PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING AND
STORAGE, AND EMPLOYEE AND VENDOR PARKING, AND MORE THAN TWO
(2) CONEX CONTAINERS FOR STORAGE OF PRODUCTS AND EQUIPMENT
ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E112 NE1/4, AND PART OF THE SEI
/4 OF SECTION 7 LYING
NORTHWESTERLY AND WESTERLY OF THE PIERCE LATERAL; EXCEPTING
THEREFROM A 56.5 -ACRE PARCEL OF LAND IN THE W1/2 OF THE SW1/4
AND IN THE SW1/4 OF THE NW1/4 OF SECTION 7 CONVEYED TO WELD
COUNTY, COLORADO, BY DEED RECORDED JUNE 12, 1962, IN BOOK 1617,
PAGE 174; ALSO EXCEPTING THEREFROM A PARCEL OF LAND LYING
SOUTHERLY AND EASTERLY OF THE PIERCE LATERAL DITCH IN THE SE1/4
OF SECTION 7, ALL WITHIN TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 94; EAST OF AND ADJACENT TO CR 37;
SOUTH OF AND ADJACENT TO CR 96; WEST OF AND ADJACENT TO CR 39.
e recondtion and
Kim Ogle, Planning Services, presented Case I orres ondence or phone calls eading wererehceived frome suarounding
comments into the record. No written correspondence
that
property owners regarding this application. Mr.
to increase rease the numbee referred to elopment of Standard
from 12t ot18 � The
the applicant has requested an amendment
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Lauren Light, Environmental Health, reviewed
we the
public water and sanitary sewer requirements, noise
study, on -site dust control, and the Waste Handling
Plan.
Melissa King, Development Review, reported on access, traffic, and drainage requirements.
Jared Dains, Applegate Group, 1490 West 121s' Avenue, Denver, Colorado, stated that this is an existing
mine permitted originally in 1976 and added that the applicant is seeking to expand it. He said that the
existing mine area is pretty muchcomplete
and added tht the aplant t to the ste and had ould like t submitted o expand tcommen s
o the new
area. The Pierce Lateral Ditch Company runs adjacen
ter of Intent
regarding this application. Mr. Dais said that after talking with them they were able to acknowledged that they had resolved all of the Ditch'sget concerns t
signed with them that the applicante except not for the concern about seepage from the ditch
int �` Dams submitted tthet Letter Intentasexhibit the
Pierce Lateral Ditch liable for nuisance flooding.
stated that they fully expect that this will get resolved.
Cliff Simpson, 43646 CR 45, stated that this is not a new permit and it will not have an increased avel opiler ration,
the
reahowever, dit is just aing able to mine long term. He the second access that goes westo d gothat they do operate two across County Road 37 basi) cally makes their
area and added that t
haul route traffic go from one pit to the other crossing the road.
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 for changes to the resolution. Mr. Ogle stated that the applicant is requesting to amend
Development Standard 7 to read "The number of on -site company employees shall be up to eighteen (18)."
Motion: Amend Development Standard 7 as stated, Moved by Tom Cope, Seconded by Michael Wailes.
Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development to the Standards
and
Conditions of Approval and if they are in agreement with those. The applicant processing and repair work
standard that stated mining was only allowed during daylight hours, whereas, p g 10
was allowed 24/7. Mr. Dains said that the only exception to allow mining 24 hours was if there was a
declared state of emergency and he requested to allow mining 24/7. Mr. Ogle stated that the intent was to
allow the applicant to mine and process materials 24/7 but they would be restricted to hauling only during
daylight hours. He added that the exception to that would be if there is a declared emergency by the Board
of County Commissioners.
The Chair clarified if the applicant has read and agrees to the amended Development Standards and
Conditions of Approval. Mr. Dains replied that they are in agreement.
g with the amended
Motion: Forward Case IMJUSReI-76-298 to the Board of County Commissioners lowith the Planning Commission's n recommendation of
Conditions of Approval and Development Standards
approval, Moved by Michael Wailes, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope.
Absent: Butch White, Sam Gluck.
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 5:02 pm.
Respectfully submitted,
41!i bi'u. 1aIvs(v;I,
Kristine Ranslem
Secretary
11
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