HomeMy WebLinkAbout20200546.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 4, 2020
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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck.
Absent: Bruce Johnson, Elijah Hatch, Skip Holland.
Also Present: Kim Ogle and Diana Aungst Department of Planning Services; Lauren Light, Department of
Environmental Health; Mike McRoberts and Zack Roberson, Public Works; Bob Choate, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the January 21, 2020 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR19-0069
APPLICANT: TROY ANDERSEN
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (UP TO 120 DOGS SIX (6) MONTHS OF AGE OR
OLDER TO INCLUDE DOG DAYCARE AND BOARDING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUB EXEMPT SUBX18-0021, PART N2 SECTION 10, T2N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.10 MILES SOUTH OF CR 24 AND EAST OF AND
ADJACENT TO CR 19.
Diana Aungst, Planning Services, presented Case USR19-0069, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Troy Andersen, 10484 County Road 19, Fort Lupton, Colorado. Mr. Andersen said he lives on the property
and has been wanting to start a dog kennel. He said they did a study that showed there are approximately
30,000 people who live in the service area with 48 percent of those people owning dogs. Mr. Andersen
said there is a need for doggy daycare/kennel in the area. He said they are building a 60' x 120' metal
building that will resemble a horse area. Mr. Andersen stated that they will start with 2 buildings that will
have 30 kennels. He said he spoke to the fire district and agreed to put a fire hydrant on the property. The
kennel buildings will be insulated with foam which absorbs most of the noise.
Commissioner Ford asked the applicant how they plan to dispose of the dog waste. Mr. Andersen said
they will follow the State regulations and properly dispose waste in a dumpster that will be emptied
periodically.
Commissioner Stille asked the applicant if there is a vet tech onsite and also what they plan to do with any
deceased animals. The applicant said he has spoken to a few vets and has decided they will call a vet to
the location if an emergency situation arises. Mr. Andersen said all dogs have to be properly vaccinated.
He said that if a dog is aggressive with other dogs or people, they have the authority to not allow the dog
at their kennel. Mr. Andersen said there is approximately 10 dogs per dog handler.
Commissioner Cope asked the applicant to explain the site plan for the project. The applicant pointed out
the layout and building plans.
C o arty n: ca• +: o n 5 2020-0546
01/19/2O
The Chair asked the applicant if they planned on breeding at the site. The applicant replied no.
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 USR19-0069 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 Tom Cope, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR19-0071
APPLICANT: DPG FARMS, LLC AND CALVEN GOZA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND, GRAVEL AND STONE) AND
PROCESSING OF MINERALS, INCLUDING RECYCLE OPERATIONS FOR
CONCRETE AND ASPHALT. ALSO INCLUDED IS A MINE OFFICE, SCALE
HOUSE AND SCALE, A FUELING/LUBRICATING STATION, PORTABLE
GENERATORS, MOBILE MINING EQUIPMENT PARKING AND STORAGE;
EMPLOYEE AND VENDOR PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART S2S2 AND N2SE4 OF SECTION 1; AND PART OF THE NW4SW4 AND
N2 OF SECTION 12, ALL WITHIN T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
LOCATION: NORTH OF AND ADJACENT TO HOLLY AVENUE; WEST AND EAST OF
WELD COUNTY PARKWAY; APPROXIMATELY 600 -FEET SOUTH OF EAST
8TH STREET (CR 60.5).
Kim Ogle, Planning Services, presented Case USR19-0071, reading the recommendation and comments
into the record. The City of Greeley, City of Evans and Town of Kersey submitted a joint referral dated
January 8, 2020 that explained the 3 towns adopted an intergovernmental agreement (KEG-IGA) related
to land use in areas of shared interest, primarily along the South Platte River corridor. The letter requests
the applicant discuss preservation of open space and provide findings to the 3 towns. Weld County is not
party to the 2019 KEG-IGA. The applicant, applicant's consultant and property owners met on January 29,
2020 with the Town of Kersey and the City of Greeley to discuss the referral, specifically the value of the
ongoing stewardship of the land, the family legacy of managing the resource and the potential for future
uses on the land including water storage and the potential of extending the Poudre River Trail. The
applicant is proposing to mine the property retaining the river corridor for the preservation of vegetation
growing near the river, maintain wildlife habitats and wildlife migration corridors and will enhance water
quality, protect riverbanks from erosion, and provide storage of water during flood events.
Staff received one phone call of inquiry about the application and one letter from James Matthews who
resides at 1685 Holly Avenue. Mr. Matthews expressed concerns regarding traffic movement at Holly
Avenue and the Parkway. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Ford asked staff if Holly Avenue dead ended on the applicant's property. Mr. Ogle said that
is correct.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Staff recommended to amend Development Standard 22 by
changing the word "approved" to "accepted".
JC York, J & T Consulting Inc, 305 Denver Avenue, Suite D, Fort Lupton, Colorado. Mr. York explained
that they received approval for the DRMS Permit on October 3, 2019. He said the project has 5 phases;
mining will begin in Phase 1 and move from east to west. Pit run will be extracted using dozers, excavators,
loaders, haul trucks, scrapers and be placed on a conveyor to be transferred to the processing facility which
is located in the center of the permit area. There will be stockpiles with washing and screening to create
concrete rock, sand, and structural fill. Mr. York said there will be a road base plant to make topsoil and
overburden. There will be a recycling pile for concrete and asphalt. He said they have the capability to put
up a temporary batch plant if needed. Dust control will include watering on haul roads and stockpiles or
magnesium chloride may be used. Mr. York said reclamation will occur as mining progresses leaving 3:1
slopes for the finished reservoirs with approximately 2,000 acre-feet of storage. There will be a scale house
located on the site.
Jeff Kwolkoski, Wave Engineering, 1100 W Littleton Blvd #420, Littleton, Colorado. Mr. Kwolkoski
explained they completed a noise study of the mining project. He said they use a noise prediction software
to predict the noise level as it travels out away from the site to neighboring properties. Mr. Kwolkoski
presented a noise level contour map displaying the sound levels with mining operations at full capacity.
The highest level at the property boundary is 70 dBA or less so the 80 dBA is met. He said the daytime
residential limit of 55 dBA is met at the closest homes.
Commissioner Stille asked the applicant if the noise study includes the possibility of an added batch plant.
The applicant responded that it did not but that he would not expect the noise level to be any different than
what is predicted on the map.
The Chair asked Mr. Kwolkoski how accurate their sound models are and if they go back and take actual
readings of the operation sites. Mr. Kwolkoski said there is not a requirement to do that but if they have the
opportunity to go back, they do. He explained that when they project noise levels, they project for the worst
case scenario. Actual noise levels are usually lower than higher from the predicted noise levels.
Mr. York said there will be an 8 -foot downcast light located at the scale house. He said there will be a 12 -
foot downcast light located at the processing plant control trailer. Mr. York said no wetlands will be impacted
and there will be no impact to threatened or endangered species.
The Chair called a recess at 1:44 pm and reconvened the hearing at 2:00 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Christian Morgan, Town Manager for the Town of Kersey, 332 3'd Street Kersey, Colorado. Mr. Morgan
stated he appreciated the relationship the Town of Kersey has with Weld County. He said in 2016, the
Town of Kersey updated its Comprehensive Plan and the growth management area included the area the
applicant is discussing today. The Town of Kersey determined that area as Undetermined Use because
there was so many different things that were being contemplated in that area and the Parkway had just
opened. At that time, DPG Farms was known as a hunting preserve and was very complementary with
what the Town felt should remain as is. Mr. Morgan said following the annexation of the Platte River Fort,
the Town of Kersey began working with the Weld County Commissioners towards annexing in the Weld
County Parkway Right of Way which was successfully completed in 2017. He explained how the Town of
Kersey started meeting with the City of Greeley and the City of Evans to discuss how the east side of
Greeley and the north side of Kersey could be protected and keep the areas like the Fort preserved. Mr.
Morgan said they are concerned about traffic. He said there are already 4,000 vehicles that travel along
the Weld County Parkway and 44% of the vehicles are heavy truck traffic. Mr. Morgan stated that they
appreciate that the applicant has gone through the proper process of getting State permitting done and has
followed all the rules and regulations imposed upon them. He said he would respectfully request that the
applicant update or improve the traffic study in 5 years.
Justin Scharton, Natural Areas & Trails Division Superintendent for the City of Greeley, 321 North 16th
Avenue, Greeley, Colorado. Mr. Scharton said he is concerned about the impacts on the riparian habitat
in the wetlands and is happy to hear the applicant is avoiding these areas of concern. He also expressed
concern about lighting and asked if the applicant could use full cut off lighting. Mr. Scharton said there was
discussion of a possible partnership with the applicant for a conservation easement agreement. The City
of Greeley is interested in possible trail corridors in this area. They asked the applicant about the possibility
of a trail easement and the applicant declined because of the concern of shooting/hunting in the area.
Commissioner Beck asked Mr. Scharton if they have funds to purchase the private property in this area to
do the projects the City wishes to do. Mr. Scharton said at this time, the City does not have any dedicated
funding for this project. Commissioner Beck expressed that he felt the City is a little late in the game to do
a project on this property that is privately owned. Mr. Scharton said they are preparing to go in front of the
City Council to present an option to move forward on a dedicated sales tax for open space and trails.
The Chair commented that where 2 rivers come together, there is going to be an abundance of resources.
He said he is continuously amazed that when long range planning is done for areas like this, extracting
resources is forgotten. Commissioner Wailes suggested the City work with developing partnerships so that
in the future some of these projects can be done.
Commissioner Stille said he agreed with Commissioners Beck and Wailes that it will be hard to put a trail
across private property but suggested the City work with the State on possibly acquiring some land along
County Road 60.5 for a trail.
Brad Mueller, Director for Community Development for the City of Greeley, 1100 10th Street, Greeley,
Colorado. Mr. Mueller stated he appreciated the opportunity to provide some context on how the Towns
appreciate the County's work in this regard, the applicant's property rights, and what the Towns see as a
great opportunity for future planning. He said this area is known as the National Poudre Heritage Area.
The area is defined by the confluence. Mr. Mueller shared that the National Poudre Heritage Area
Headquarters are now based at the Poudre Learning Center. One of their main missions is to help folks
understand the importance and the role that Colorado and Northern Colorado have in contributing to the
development of Western water law. Mr. Mueller shared more historical facts about this area and explained
that is the reason the City is interested in partnering with others to preserve the area.
Commissioner Stille suggested that the City put together an educational program together at the Poudre
Learning Center and invite the County Commissioners, the Planning Commission, County Council to go
over all the historical history in the area.
The Chair closed public comment.
The Chair asked the applicant if they would have any objection to having more traffic studies done to keep
pace with growth. Mr. York responded that with his experience with previous improvement agreements,
that is a typical that improvements can be required at any time.
The Chair asked staff if they had any comments. Mike McRoberts said that Development Standard 16
states that the improvements agreement for this site may be reviewed on an annual basis including a site
visit and possible updates. Mr. McRoberts said he would also like to propose new language for Condition
of Approval 1.G to read "An Improvements and Road Maintenance Agreement with Up -front Off -site
Improvements and Triggered Off -site Improvements is required for this project. Road maintenance includes,
but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include
provisions addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements."
Commissioner Ford stated that there should be an acceleration lane on Weld County Parkway to prevent
accidents from happening. He said he thinks it will be a dangerous area without one.
The Chair asked the applicant for further detail on their reclamation timelines. Mr. York said that they do
set some milestones but some of the details will be figured out after they set up the storage agreement.
Commissioner Cope commented that it is typical for sand and gravel pits to have to put up a significant
bond for reclamation and would want to complete reclamation as quickly as possible for bond release. Mr.
York said that is correct and explained the bonding process with further detail. Commissioner Cope asked
the applicant if each phase has its own separate wall between the water reservoir ponds. Mr. York said
that is correct except Phase 1 and 2 are combined for the first reservoir.
The Chair asked Staff if there was a referral from the Division of Wildlife. Mr. Ogle said they did not receive
comments. Commissioner Wailes asked the applicant what plans they have for protecting the habitat in
the area. Mr. York said they did a wetlands review and had the US Army Corps of Engineers do a
jurisdictional determination to show where they shouldn't mine. Mr. York said they are staying 150 feet
away from the Poudre River and they are not near the South Platte River. He said they are bound by
federal rules and regulations.
Mr. York said if a batch plant is ever put up on the site, it will be taken down after the mining is complete.
The Chair asked Staff for any changes to the Resolution.
Mike McRoberts said he would also like to propose new language for Condition of Approval 1.G to read "An
Improvements and Road Maintenance Agreement with Up -front Off -site Improvements and Triggered Off -
site Improvements is required for this project. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements."
Motion: Amend Condition of Approval 1.G as stated by Staff. Moved by Richard Beck, Seconded by
Tom Cope. Motion carried unanimously.
Lauren Light recommended to amend Development Standard 22 by changing the word "approved" to
"accepted".
Motion: Amend Development Standard 22 as stated by Staff. Moved by Gene Stille, Seconded by Tom
Cope. Motion carried 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 USR19-0071 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 Gene Stille, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
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 2:57 pm.
Respectfully submitted,
-"/ 7l4'aili i WtM-
Michelle Wall
Secretary
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