HomeMy WebLinkAbout20202472.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 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 Vice Chair,
Gene Stille, at 12:34 pm.
Roll Call.
Present: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland,
Tom Cope, Troy Mellon.
Absent/Excused:
Also Present: Kim Ogle, Jim Flesher, and Tom Parko, Department of Planning Services; Lauren Light,
Department of Health; Zack Roberson, Department of Public Works; Bob Choate, County Attorney, and
Michelle Wall, Secretary.
Motion: Approve the July 21, 2020 Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Lonnie Ford. Motion passed unanimously.
Tom nominated Elijah Hatch as Chair, Seconded by Skip Holland.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Tom Cope nominated Gene Stille as Vice Chair, Seconded by Elijah Hatch. Nominations were closed.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Elijah Hatch will serve as Chair and Gene Stille will serve as Vice Chair for 2020-2021 year.
CASE NUMBER: USR20-0013
APPLICANT: JERRILYN STINAR, RICHARD AND MARGARET VOGL, CIO BURNCO, LLC,
DBA BESTWAY CONCRETE AND AGGREGATE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND, GRAVEL AND STONE) MOBILE MINING
EQUIPMENT PARKING AND STORAGE AND EMPLOYEE AND VENDOR
PARKING OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
1-25 REGIONAL URBANIZATION AREA AND THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: E2SW4 AND SW4SW4 OF SECTION 36, T3N, AND THE NW4NW4 OF SECTION
1, T2N, ALL IN R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 11.25; NORTH OF AND ADJACENT TO CR
26.
Kim Ogle, Planning Services, presented Case USR20-0013, reading the recommendation and comments
into the record. The Department of Planning Services sent notice to 15 surrounding property owners within
500 feet of the proposed development. Staff received no letters or phone calls regarding the application.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Mellon said he saw in the record that the Town of Firestone wished to pursue annexation,
but he did not see any paperwork showing the town decided not to pursue it. Mr. Ogle explained the
Coordinated Planning Agreement allows the town to respond within 21 days. The applicants met with
Firestone and the applicant informed Mr. Ogle that they did not wish to pursue annexation. Staff suggested
Commission Mellon direct his question to the applicant to inquire whether there is any paperwork. Mr. Ogle
said the Planning Department has not received any correspondence from the Town of Firestone regarding
annexation.
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2020-2472
Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Holland asked staff what major corridors will be affected by the increase of truck traffic. Mr.
Roberson explained the trucks will use Colorado Boulevard, Highway 66, 1-25 and/or Highway 85. Colorado
Boulevard will be the road most affected by the traffic. Commissioner Holland asked if any road
improvements, such as turning lanes will be required. Mr. Roberson said based on the traffic impact study
that was done, no special upgrades will be required, and the road is adequate.
Commission Mellon asked if there are any weight restrictions for truck loads. Staff replied the standard
weight restrictions apply. Commissioner Mellon asked if the infrastructure of Colorado Boulevard can
handle the weight loads; He said he is concerned about bridges and culverts. Mr. Roberson said the road
is paved and adequate.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mark Johnson, BURNCO Colorado, LLC. Mr. Johnson stated that the trucks do not run with overweight
loads.
Andy Rodriguez, Civil Resources, 323 5th Street, Frederick, Colorado. Mr. Rodriguez explained he is a
consultant retained by BURNCO. BURNCO currently operates 5 mines and 5 concrete plants in Weld
County. They have contributed to the development of reclaimed water storage vessels, made available to
various municipalities and water providers in the area, in conjunction with their reclamation plans.
He said that BURNCO plans to mine the Vogl/Stinar property just north of the existing Shores Gravel Mine.
Mr. Rodriguez said the site is 160 acres, but they plan to mine 70 to 80 acres. They plan to construct a
6,000 linear foot slurry wall. He said there is approximately 3 to 4 million tons of resource available. Mr.
Rodriguez explained the majority of truck traffic will haul topsoil and overburden. With the conveyor, he
said there will be minimal truck trips. They propose to convey gravel material over to the existing Shores
Gravel Mine. The maximum truck trips allowed is 120 trips per day. There will be a full-time water truck
used for dust suppression. Mr. Rodriguez said they will reclaim the site for open water storage and
agricultural land.
Mr. Rodriguez said BURNCO has completed or is in the process of finalizing all required permits.
Commissioner Holland asked Mr. Rodriguez if there are public health or safety issues associated with the
failure of the slurry wall. Mr. Rodriguez replied there are not any issues. If there was a failure, it would be
leaked ground water with no contamination. Commissioner Holland asked if this project would interfere
with any irrigation water rights. Mr. Rodriguez said no.
Commissioner Gluck explained he is familiar with the site and the area and asked the applicant if this is a
similar project to the other existing mine sites in the surrounding area. Mr. Rodriguez replied that it is.
Commissioner Cope asked if the conveyor belts would be under the road or over the road. Mr. Rodriguez
answered that the conveyors would go over the road. Commissioner Cope asked if aggregate and ready -
mix concrete will be sold from the site. Mr. Johnson replied that the majority of overburden from the north
will be needed to backfill the south. Topsoil will be trucked out of this location, but the existing site sells the
aggregate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Ceresa, President of Pelican Shores South HOA, 5807 Pelican Shores Court, Longmont, Colorado.
Mr. Ceresa explained that the HOA Board and residents have concerns regarding traffic, noise, and dust
abatement. He said the HOA Board is in support of the project because of BURNCO's willingness to
address and listen to their concerns. Mr. Ceresa said their main concern is water.
Commissioner Holland asked Mr. Ceresa if they are in negotiations with BURNCO about water issues. Mr.
Ceresa said they are. Mr. Ceresa explained that part of the mining operations, BURNCO would be
removing ground water. He said that the Pelican Shores subdivision has a lake that surrounds the majority
of the property. Mr. Ceresa said the lake was an unlined gravel mine in the past. They are concerned that
removing ground water could cause a hydrological imbalance to their lake. Mr. Ceresa said that BURNCO
and Pelican Shores have been working together to find a solution.
Commissioner Gluck asked Mr. Ceresa if the HOA owns the water rights. Mr. Ceresa said they are currently
in negotiations with the State Water Board to achieve the water in their lake. He said they currently have
the right to keep the water in place along with a water augmentation plan.
The Chair closed public comment.
Mr. Rodriguez explained the water concern has been mitigated. He said that dust abatement will be a
requirement. The noise study showed residential noise levels and plan to keep noise levels low for nearby
residents.
Commissioner Gluck asked the applicant how long they anticipate the duration of the project from mining
to reclamation. Mr. Rodriguez replied 8 to 10 years.
Commissioner Holland asked the applicant what method they will use for controlling the dust. Mr. Johnson
said primarily they will use water spraying, but they may use mag chloride if needed.
Commissioner Mellon asked Mr. Johnson what the normal working hours of the site will be. Mr. Johnson
replied they normally work daylight hours and some Saturdays if required.
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 USR20-0013 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 Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Commissioner Holland said the recommendation of approval is consistent with Section 23-2-220 Items A.1
— A.7 of the Weld County Code. He also complemented the staff for the fine job they did in preparing their
recommendation.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2020-15
TOM PARK() AND JIM FLESHER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND REPEALING CHAPTER 26 REGIONAL
URBANIZATION AREAS, OF THE WELD COUNTY CODE.
PLANNING COMMISSION
WELD COUNTY, COLORADO
Jim Flesher, Planning Services, stated that Planning staff is asking for recommendation of approval for
Ordinance 2020-15 amending Chapter 23, Zoning and repealing Chapter 26, Regional Urbanization Areas,
of the Weld County Code.
The Board of County Commissioners has directed staff to draft an ordinance to eliminate the regional
urbanization areas (RUAs). Ordinance 2020-15 would:
1. Repeal Chapter 26 in its entirety, eliminating all three RUAs from the County Code.
2. Remove references to Chapter 26 in Chapter 23.
3. Establish an overlay district with the same boundaries as the 1-25 RUA. The only regulations in the
draft ordinance are for landscaping. They are generally the same as the current landscaping requirements
in Chapter 26, with revisions for clarity. These would apply to site plan reviews (SPRs), uses by special
review (USRs), and zoning permits for ag uses (ZPAGs) other than second single-family homes.
Chapter 26 currently contains three RUAs: 1-25, Southeast Weld, and Dry Creek. It does not create any
vested rights, as stated in Sections 26-2-10, 26-3-30, and 26-4-50. All development in the RUAs is required
to first obtain approval of a planned unit development (PUD), with certain exceptions listed in Section 26-
1-50. Changes of zone (COZs) to other zone districts are not permitted. However, a property located in
an RUA is not guaranteed to be approved for a PUD at any certain density or configuration.
This ordinance does not affect the existing PUDs in the RUAs. They are governed by the PUDs. A couple
of the PUDs in the 1-25 area refer to the RUA, previously known as Mixed -Use Development Areas (MUD),
for landscaping requirements. Ordinance 2020-15 would move those landscaping requirements to Chapter
23 as an overlay district for the area to be known as the I- 25 Overlay District. This would maintain a
consistent standard for landscaping in the area. It would not require PUDs for new development. Many of
the property owners in this area have annexed to municipalities and would not be affected by this
ordinance.
The Southeast RUA, also known as Pioneer, is unusual in that the property has been rezoned to PUD, but
it has not been platted and it is partially annexed to Keenesburg. The PUD zoning would not be affected by
this ordinance, but once it is adopted, the property owners would have the option to apply to change the
zoning.
Dry Creek RUA is currently all zoned Ag but there is an application for PUD zoning in process for a portion
of the Dry Creek RUA. The Board of County Commissioners is scheduled to consider that PUD zoning on
October 28, 2020. The Planning Commission recommended approval of the case (PUDZ18-0006) on
January 21, 2020. The applicants have the option to withdraw their application or proceed as before.
Staff asks that the Planning Commission recommend approval of the ordinance.
Mr. Flesher recommended amending an error of duplicated entries in the Resolution under Appendix 23-
I.Ornamental Trees. Remove the first of two rows with "Callery Pear".
Commissioner Stille asked staff if the applicant for PUDZ18-0006 is aware of the code change. Angela
Snyder, Department of Planning Services, said the applicant is not aware. Commissioner Stille asked what
the applicant's recourse can be if they withdraw their application. Ms. Snyder explained if the repeal of
Chapter 26 in Weld County Code is approved, it would not take effect until after the case is heard by the
Weld County Commissioners. Ms. Snyder said she does not feel the applicants will wish to withdraw their
case. She said the code change will affect any additional phases they have planned.
Tom Parko, Department of Planning Services, explained this is a complicated matter with an existing RUA.
RUA is a legislative matter, there is no vesting involved when you establish a Regional Urbanization Area.
Whether there was an RUA in place or not, the applicant could still apply for a Planned Unit Development
in that area.
Commissioner Cope asked staff if the County moves forward with using a land use map, could this area
potentially be a proposed area for commercial since it is along the transportation corridor area. Ms. Snyder
answered that it could be a good area.
Commissioner Cope asked staff if the dimensions listed on Appendix 23-L — Screening Parking and
Structures are an example, or if those dimensions need to be followed. Mr. Flesher responded that the
dimensions are just an example.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Appendix 23-I, Ornamental Trees, by removing the duplicate entry of "Callery Pear" as
recommended by staff. Moved by Tom Cope, Seconded by Sam Gluck. Motion passed unanimously.
Motion: Recommend Adoption of the amended Ordinance 2020-15, as presented by Staff, Moved by Troy
Mellon, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
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 1:59 pm.
Respectfully submitted,
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Michelle Wall
Secretary
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