HomeMy WebLinkAbout20193989.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 20, 2019
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, Elijah Hatch, Skip Holland.
Absent: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader, and Tom Parko, Department of
Planning Services; Lauren Light, Department of Health; Evan Pinkham, Hayley Balzano, Zackery Roberson
and Mike McRoberts, Public Works; Bruce Barker and Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the August 6, 2019 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER: MINF19-0001
APPLICANT: CIMARRON LAND COMPANY LLC
PLANNER: CHRIS GATHMAN
REQUEST: A FINAL PLAN FOR A MINOR SUBDIVISION FOR FOUR (4) LOTS ZONED FOR
1-3 INDUSTRIAL USES ALONG WITH ONE (1) OUTLOT TO BE UTILIZED FOR
DRAINAGE PURPOSES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX15-0069, PART NE4 SECTION 32, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 64 (O STREET) AND APPROXIMATELY
600 FEET WEST OF CR 41.
Chris Gathman, Planning Services, presented Case MINF19-0001, 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.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Ms. Balzano said that the Weld County Code requirement for spacing of intersections on an
arterial roadway is 1320 feet; however, the applicant has submitted a variance request to address
intersection spacing.
Ms. Balzano requested to add a Condition of Approval stating, "The applicant shall submit a pavement
design for the subdivision roadway for review".
Additionally, she requested that the following items be added to Condition of Approval 1.M:
1. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume.
2. The applicant shall show the drainage flow arrows.
3. If applicable, the applicant shall show on -site parking areas
Ms. Balzano added that they would like to also request a new Development Standard 13 and renumber
accordingly. Development Standard 13 should read "The subdivision detention pond is designed for
individual site imperviousness of 60%. If individual site imperviousness exceeds 60%, on -site detention
may be required".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control.
Nick Varra, 48645 CR 29, Nunn, Colorado, stated that he is representing Cimarron Land Company. He
said that the request is for four (4) industrial lots with 10,000 to 15,000 square foot buildings on each lot.
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2019-3989
Currently, there is one (1) tenant for the first lot and it will be leased to an oil and gas company that handles
compressors.
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 if there are any changes to the Resolution. Mr. Gathman referred to the drainage flow
arrows and the on -site parking areas and said that these would be addressed at time of Site Plan Review
application since we are just showing the boundary lines and utility easements for the change of zone. Ms.
Balzano agreed in removing Items 2 and 3 in Condition of Approval 1.M, however, she requested to leave
the stormwater pond on the map.
Motion: Add Condition of Approval to read "The applicant shall submit a pavement design for the
subdivision roadway for review", Moved by Tom Cope, Seconded by Elijah Hatch. Motion carried
unanimously.
Motion: Add Condition of Approval to 1.M "The applicant shall show and label the accepted drainage
features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -
Build or Storage Area" and shall include the calculated volume", Moved by Elijah Hatch, Seconded by
Tom Cope. Motion carried unanimously.
Motion: Add Development Standard 13 to read "The subdivision detention pond is designed for individual
site imperviousness of 60%. If individual site imperviousness exceeds 60%, on -site detention may be
required", Moved by Tom Cope, Seconded by Gene Stifle. 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 MINF19-0001 to the Board of County Commissioners along with the Conditions of
Approval and notes to be placed on the plat with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
CASE NUMBER: USR19-0039
APPLICANT: MANUEL GALLEGOS-HERRERA AND APRYL HERRERA
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (TRANSMISSION REPAIR SHOP) AND ONE
(1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-FAMILY
DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2820, PART N2NE4 SECTION 8, T4N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 48; APPROXIMATELY 500 FEET WEST OF
CR 53.
Maxwell Nader, Planning Services, presented Case USR19-0039, 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.
(Bruce Johnson entered the hearing at 12:58 pm)
Zackery 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.
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Manuel Herrera, 25868 CR 48, Kersey, Colorado, stated that the second dwelling will be for his parents.
Commissioner Cope asked where the oils will be disposed of. Mr. Herrera said that they have storage of
the oil and then they have a company that will pick up the oil.
In response to Commissioner Stille's inquiry of the second home, Mr. Herrera said that the second home
will be a manufactured home on foundation.
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 USR19-0039 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 Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
CASE NUMBER: USR19-0035
APPLICANT: DVM BURROS, LLC DBA CAMBRIDGE ANIMAL HOSPITAL C/O NATALIE
MALHERBE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
VETERINARY CLINICS OR HOSPITALS AND AN ADDITIONAL BUILDING
MOUNTED SIGN IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 5 BOHRER PUD, PART OF THE S2 NW4 SECTION 19, T3N, R68W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 1; APPROXIMATELY 0.1 MILES NORTH OF
HENSON DRIVE.
Diana Aungst, Planning Services, presented Case USR19-0035, 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.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Mr. Pinkham added that Weld County requires that all sites within the PUD to be accessed via the
subdivision road.
Commissioner Cope said that it appears the applicant is proposing to access onto County Road 1 and
clarified if they are required to access onto Sandra Jean Way in the subdivision. Mr. Pinkham replied that
all lots within a PUD need to access the subdivision road. However, the Planning Commission can
recommend to the Board of County Commissioners to allow for access on County Road 1.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Sheri Lockman, Lockman Land Consulting, 36509 CR 41, Eaton, Colorado, stated that the applicant is
requesting the use of a vet clinic on this property and added that Ms. Malherbe took time to contact the
residents in the subdivision to ensure that their concerns were addressed. Ms. Lockman said that Ms.
Malherbe is requesting to access from the existing oil and gas access to eliminate traffic through the
subdivision road. She added that if they are required to go through the subdivision road, then Ms. Malherbe
will sell the property.
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She stated that this will not be a kennel and dogs will be brought outside one at a time on a leash into the
screened area as needed and there should be no noise issue. Ms. Lockman said that there are no large
banks of bright lights planned for this site and the lights for the facility will be placed under the eaves of the
building for the front entry and signs will be indirectly illuminated by a light cast on them.
Ms. Light said that this PUD was developed in the 1990's and it does allow for the agricultural uses on this
lot. She said that they understand the neighbor's concerns, however, as an agricultural lot, the uses that
are allowed by right could have more impact to the neighbors than this vet clinic.
Commissioner Stille asked what kind of issues there will be with the oil and gas access. Ms. Lockman said
that Mr. Bohrer, who has a letter in the application, owns those mineral rights and he supported this request.
She added that they did notify the oil and gas company and they have no concerns.
Commissioner Wailes asked if animals will be kept overnight at the facility. Ms. Lockman said that
occasionally, depending on their need, there might be one animal; therefore, that is why they requested 24 -
hour care in case one of the employees needs to drop by and check on an animal in the facility.
Commissioner Wailes was a little concerned with 100 round trips per day and asked if this is a realistic
number. Ms. Lockman said that they have 40 appointments per day and with staff they may have up to
100 trips per day. Commissioner Johnson said that this confirms why it should be accessed onto County
Road 1.
Commissioner Hatch asked if euthanization services will be performed on site. Natalie Malherbe, 1521
Dove Haven Lane, Berthoud, Colorado, said that they do offer that procedure for small animals. Mr. Hatch
asked what the proposed disposal methods will be. Ms. Malherbe said that they work with a crematorium
that will come to pick up the bodies for cremation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Johnson, 14850 CR 1, stated that he lives directly north of the subject property. He referred to the
burro rescue and asked how many animal units per acre they are allowed to have.
Mr. Johnson referred to the excessive speed on County Road 1 and is concerned with the height of the
building and sign and his ability to safely access County Road 1. He asked for more clarification on what
will be on site. Mr. Johnson added that it is ridiculous that they would have to access their lot through
Sandra Jean Way when the oil and gas access would be more suitable for their business.
The Chair asked Staff what the right-of-way is on County Road 1. Mr. Pinkham said that there is currently
60 feet of right-of-way with 10 feet of future right-of-way on either side. Mr. Wailes clarified that nothing
can be put in the right-of-way including signs. Mr. Pinkham replied that nothing can be placed inside the
right-of-way.
Lee and Sandra Stevenson, 13299 East County Line Road, stated that they live across the road and three
houses to the north. Mr. Stevenson said that they are opposed to this as the area has a residential feel.
Ms. Stevenson said that the site plan shows more of a commercialized property. Mr. and Mrs. Stevenson
expressed concern regarding traffic and lighting.
The Chair asked Staff what the bulk requirements for animal units are. Ms. Aungst said that according to
the Weld County Code, four (4) burros are allowed per acre. Commissioner Beck clarified that with 20
acres there could be 80 burros.
Ms. Lockman said they could have up to 79 burros, but if it pleases the neighbors Ms. Malherbe is happy
to limit it to five (5) burro rescues.
Ms. Lockman said that with regard to lighting, they want people to safely locate and access the site. She
added that they are willing to turn the sign light and the building lights off when they leave at 7 pm. The
height of the sign is 6 -feet tall and the setback for the bushes from the road is further as there is a utility
easement in the subdivision.
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The Chair asked if there are any changes and if they should take action on using the oil and gas access
road. Karin McDougal, County Attorney, said that noting it in the record is strong enough to bring to the
Board of County Commissioners.
Commissioner Cope referred to limiting the number of burros to five (5) and added that it makes sense to
utilize the access onto County Road 1 as opposed to going through the subdivision road. Commissioner
Johnson said he is hesitant to limit the number of animals as it is a use by right, however if the applicant
wishes to limit that he is okay with that. He added that the access should be on County Road 1 and said
that there should be some security lighting on site. Commissioner Wailes said he is opposed to placing
limitations on something that is a use by right and added that it doesn't seem right to place a restriction.
He agreed that there is plenty of options to mitigate the lighting.
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 USR19-0035 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 Bruce Johnson, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Commissioner Cope said that it only makes sense to have the access to the facility on the oil and gas
access.
Commissioner Johnson agreed that the access should be onto County Road 1 and not the subdivision
road.
Commissioner Wailes agreed to utilizing the existing oil and gas access for this facility as well.
The Chair called a recess at 1:57 pm and reconvened the hearing at 2:11 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ19-0001
GLOBAL ASSET RECOVERY, LLC
KIM OGLE
CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT AND THE A (AGRICULTURE) ZONE DISTRICT TO THE A
(AGRICULTURE) ZONE DISTRICT.
LOT A RECX16-0165 AND LOT B RE -1638; BOTH BEING PART NE4 SECTION
4, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO N. BALSAM AVENUE (CR 41); SOUTH OF AND
ADJACENT TO EAST "C" STREET (CR 62); WEST OF AND ADJACENT TO
NORTH CHERRY AVENUE (CR 43).
Kim Ogle, Planning Services, presented Case COZ19-0001, reading the recommendation and comments
into the record. Mr. Ogle noted that several telephone calls from attorneys representing adjacent property
owners have been received and from individuals with concerns about the change of zone and future mining.
Additionally, five (5) letters were received in opposition with one (1) property owner withdrawing their
opposition. The letters outlined concerns of future land use of mineral resource development, specifically
mining, and the effect of this activity it will have on their irrigation wells and potable water supplies. 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
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Commissioner Cope stated that he knows the applicant but does not have any ties to this project and feels
he can be unbiased.
JC York, J&T Consulting, 305 Denver Avenue, Ft. Lupton, Colorado, stated that the change of zone from
R-1 to Agriculture cleans up the split zoning on the property. The northern portion of the property is zoned
R-1 and the southern tip is zoned Agricultural. He said that they need to zone it back to agriculture so they
can move forward with the amendment to their USR Permit currently existing for the Derr Mine.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Parker, 211 North Balsam Avenue, Greeley, Colorado, said that the Parker family is adamantly
opposed to the changing of zone away from what it is currently zoned for.
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 COZ19-0001 to the Board of County Commissioners along with the Conditions of
Approval and notes to the plat 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 = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
CASE NUMBER: 2MJUSR19-08-1660
APPLICANT: GLOBAL ASSET RECOVERY LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT NO. USR-1660 (FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING - SANDS,
GRAVELS AND STONES AND MATERIALS PROCESSING) STOCKPILING,
RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND
CONCRETE) AND THE IMPORTATION OF SOIL AMENDMENTS (TOPSOIL,
PEATS AND COMPOST) IN THE A (AGRICULTURAL ZONE DISTRICT
LEGAL DESCRIPTION: LOT B RECX16-0165 AND LOT B RE -1638; BOTH BEING PART OF THE NE4
SECTION 4, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO N. BALSAM AVENUE; SOUTH OF AND
ADJACENT TO CR 62; WEST OF AND ADJACENT TO NORTH CHERRY
AVENUE.
Kim Ogle, Planning Services, presented Case 2MJUSR19-08-1660, reading the recommendation and
comments into the record. Mr. Ogle noted that eight (8) letters from surrounding property owners, two
affidavits of personal knowledge, one office visit and two telephone calls were received regarding concerns
about the effect of the slurry wall on the farms' irrigation wells, dust, silica in the air, traffic, noise and loss
of property value.
Mr. Ogle stated that there will be seven (7) phases of mining and reclamation will progress concurrently
with the mining activity as each phase is completed.
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 Johnson asked why they wouldn't access County Road 43 (Cherry Avenue) since it is paved.
Mr. McRoberts said Public Works prefers that they access on the lower classified road because of safety
and congestion.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
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Commissioner Cope stated that he knows the applicant, however, he feels he can review this case with
unbiased opinion.
JC York, J&T Consulting, 305 Denver Avenue, Ft. Lupton, Colorado, stated that they did have a community
meeting on August 2, 2019 as well as meetings with the surrounding property owners.
There is a current DRMS permit with mining about 75 acres; however, the total USR Permit boundary is
145 acres. Mining is occurring in the original permit area and the amendment area would start in Phase
5A. For dust control, they will water with water trucks and added that the haul roads that are interior that
come from the entrance to the stockpiles and to the scale house will be treated with mag chloride.
The haul route will be Balsam Avenue to 8th Street then to Highway 85 if going west or continue east on 8m
Street.
At the community meeting, they talked to residents about noise and visibility. As a result, they proposed a
berm on the northeastern portion of the property. Additionally, from the right-of-way to the mining limit there
is a 200 -foot buffer around the perimeter of the property to help mitigate those issues.
Jeff Kwolkoski, Wave Engineering, 1100 West Littleton Boulevard, Littleton, Colorado said that they
performed a noise study of the mining operation, including the processing area. He said that they use a
computer program to predict sound levels as they transfer from different pieces of equipment and the
outdoors. He added that the program takes into account the topography of the land, berms or barriers and
wind direction. Mr. Kwolkoski said that the study shows that the noise will be within the 55 dba limit during
the day. After additional berms were shown, the noise was reduced to within the residential limit.
Mr. York said that there have been monitor wells installed along the perimeter of the original permit area as
well as three (3) additional wells in the north area last week. The south area being mined is currently being
dewatered as they are going down. The water that is being dewatered is being pumped into some ponds
to the south of the south area and used for recharge. The slurry wall proposed for the original permit area
is slated to go in sometime in 2020. The north area, as part of the DRMS Permit, requires a slurry wall to
go in before they expose groundwater.
Commissioner Cope asked what the depth to the mineable sand and gravel is. Mr. York replied that it is 0
to 90 feet.
Commissioner Johnson asked what the timeframe is to take excavate that area. Mr. York said that they
anticipate 15 to 18 years.
Commissioner Beck asked what the end use will be. Mr. York said that it will be reclaimed water storage
reservoir.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Parker, 211 North Balsam Avenue, Greeley, Colorado, said that the Parker family opposes any and all
mining operations as they live across from the mines to the south and to the east. He added that they are
concerned with the air pollution and noise pollution.
The Chair asked what some things the operators could do to mitigate these problems. Mr. Parker said that
they are in contact with them and added that whatever they ask for they have granted. He said that they
have asked that no berms be placed to obstruct their view and added that their well currently is functioning
and they have asked the applicants to make sure that their wells continue to function.
Mel Bickling, 6690 Lakota Court, Johnstown, Colorado, stated that he is representing the Koehler family
who live across the street. He provided a handout of mitigation items for traffic, noise, dust and light that
they would like to see. In the material, he included the distance of existing wells from the existing and
proposed mining operations. He added that they are concerned that the mining will have a negative impact
on the irrigation wells.
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Additionally, they are asking for a third monitoring well, the slurry wall shall be installed immediately, and
screening.
Commissioner Holland asked if he has sought legal advice relative to the impact to the water wells caused
by this operation. Mr. Bickling said that they have a letter from a water engineer included in the file. Mr.
Holland suggested that it be entered in the record.
Rocky Francis, 701 Balsam Avenue, Greeley, Colorado, stated that Division I Water Court gave them a
well permit that he objected to because he has a well within 600 foot of the mining operation and it has
been affected by the Derr Pit and the Loloff Pit and nothing was done to mitigate that. He added that the
Loloff Pit affected his irrigation well, domestic well and stockwater well. He expressed great concern on the
impact of his wells and added that he can't grow any alfalfa because he can't irrigate.
Diana Taylor, 665 Balsam Avenue, Greeley, Colorado said she has lived there since 1972. She said that
they haven't had a well for almost 15 years. She added that she has asthma and there are trucks that
continually travel by her house and is concerned by the dust.
Brian Murata, 29485 CR 43, said that he is surrounded by the pit. He has a domestic well that is intermittent.
It appears to him that they have already been mining where they are trying to get the permit. He asked for
clarification of the reservoirs on the property.
Commissioner Ford asked how deep his domestic well is. Mr. Murata said that he doesn't know but will be
checking it.
Commissioner Johnson asked if the water well has changed over the last 10 years. Mr. Murata said that it
has changed in the last 3 to 4 years and has gone down. He added that the well is only used for landscaping
around his home but has water from North Weld County Water District for potable water.
Mr. York said that the mine will be mined down in a 3 to 1 slope and the depths to the bedrock are anywhere
from 90 to 50 feet on the original permit area. He added that on the terrace area it will be greater than 100
feet. Since groundwater level is 40 -feet they will install a slurry wall as a requirement from the DRMS permit
before exposing any groundwater so there will be no dewatering in that area that could affect these wells
to the north.
Commissioner Cope asked why there is a delay in the slurry wall in the south area. Mr. York said that they
just got the Loloff Pit done so before they put the slurry wall in, they had to bond for that slurry wall so
financially it is harder for them to do.
Commissioner Holland asked if there has been an adequate hydrogeologic study done prior to this point in
time. Mr. York said that a groundwater water modeling done for the Loloff Pit to show what the mounding
and shadow effects could be when the slurry wall was put in. Commissioner Holland asked if our staff has
received that. Mr. York said it was submitted to DRMS staff but not planning staff.
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 2MJUSR19-08-1660 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Skip Holland, Seconded by Richard Beck.
Commissioner Holland said that these operations in the past have caused significant damage to the water
wells and private property owners in this area and it appears that there is a minimal attempt to produce a
plan that would protect the water wells still in operation. Commissioner Beck said that the applicants are
willing to do their mining and get their business going, which is understandable, but he doesn't believe they
have done anything substantial that has actually solved a problem in terms of mitigating the problems of
surrounding wells. Commissioner Johnson agreed and disagreed and added that the damage that is
occurring is outside of their activity in which they can't be responsible for. He suggested that any further
mining, until both slurry walls would be installed, should cease. Commissioner Stille said that to a certain
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extent they have the cart ahead of the horse, however at the same time they are trying to mitigate and help
Mr. Francis and Mr. Murata with their wells.
Mr. Holland cited Section 23-2-220.A.6 and Section 23-2-220.A.7 and said that if the applicant had some
sort of a plan that demonstrated a due diligence he probably could have supported this, however, there
appears to be no such plan.
The Chair called for the vote.
Vote: Motion failed (summary: Yes = 4, No = 4, Abstain = 0).
Yes: Elijah Hatch, Lonnie Ford, Richard Beck, Skip Holland.
No: Bruce Johnson, Gene Stille, Michael Wailes, Tom Cope.
Commissioner Cope said that he feels the applicants are following the recommendations of the County and
the criteria is being met. He added that a lot of the damage that has occurred been inherited from previous
mining and the applicant's practices will resolve that.
Commissioner Stille agreed with Commissioner Cope.
Commissioner Wailes said that the applicant and Staff have shown that they have met the standards in
Section 23-2-220.A. He also agreed with the comments from Commissioners Cope and Johnson that if the
issues weren't inherited then they are outside of the control of the applicant.
Motion: Forward Case 2MJUSR19-08-1660 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 Gene Stille, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Tom Cope.
No: Elijah Hatch, Richard Beck, Skip Holland.
Commissioner Beck said that because this applicant has inherited some of these problems, they are still
problems for the landowners and the neighbors with the wells. He said that inheritance in this case is no
excuse.
Commissioner Ford said that they should not do any excavation below the water level before the slurry
walls are installed.
The Chair called a recess at 4:12 pm and reconvened the hearing at 4:30 pm.
(Skip Holland and Tom Cope left the hearing at 4:12 pm)
CASE NUMBER: MET19-0001
APPLICANT: REAL WELD METROPOLITAN DISTRICT
PLANNER: TOM PARK()
REQUEST: THE PURPOSE OF THE METRO DISTRICT IS TO HELP PLAN, DESIGN,
ACQUIRE, CONSTRUCT, INSTALL, RELOCATE, REDEVELOP AND FINANCE
PUBLIC IMPROVEMENTS ASSOCIATED WITH "REAL COLORADO SOCCER",
A NON-PROFIT CORPORATION DEDICATED TO PROVIDING YOUTH WITH
RECREATIONAL AND COMPETITIVE OPPORTUNITIES RELATED TO THE
GAME OF SOCCER.
LEGAL DESCRIPTION: PART OF SECTION 28, T6N, R64W; PART OF SECTION 36, T5N, R64W; PART
OF SECTIONS 3, 15, 17, 18, 19, 20, 21, 29, 31, 33, T5N, R62W; PART OF
SECTIONS 3, 7, T4N, R62W; PART OF SECTIONS 1, 3, 10, T4N, R63W; PART
OF SECTIONS 22, 27, 13, 17, 20, 21, 22, 23, 24, 25, 27, 31, 33, 34, 35, 36, 23,
T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: THE INITIAL BOUNDARY IS GENERALLY LOCATED NEAR CR 31 AND CR 10
AND IS APPROXIMATELY 102 ACRES. THE INCLUSIVE BOUNDARY IS
GENERALLY SITUATED WITHIN THE 70 RANCH, BOUNDED BY CR 61 TO
THE WEST; CR 81 TO THE EAST; CR 58.5 TO THE NORTH AND HIGHWAY 34
TO THE SOUTH. INCLUSIVE BOUNDARY IS APPROX. 16,427 ACRES.
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Bruce Barker, County Attorney, noted that the criteria to make a recommendation to the Board of County
Commissioners can be found on Page 4 of the County Attorney's (Mr. Choate) referral.
Tom Parko, Planning Services, said that the metropolitan district is to help establish and finance
improvements associated with certain projects. He added that this request is for a facility looking to build
certain improvements associated with Colorado soccer. They are looking to finance a physical
infrastructure including fields, parking area, lighting and a club house.
Mr. Parko said in Mr. Choate's referral he is recommending denial; however, the applicant intends to
address the three items outlined in Mr. Choate's referral.
Mr. Parko noted that a referral was received from the Weld County Finance Director who didn't have any
concerns. He added that the North Weld County Water District, the Central Weld County Water District,
and the Soil Conservation District stated in their referrals that they had concerns regarding the lack of detail
in the application.
Diane Miller, Miller and Associates Law Offices, 1641 California Street, Denver, Colorado, stated that she
is representing the petitioners for the Real Weld Metropolitan District. She said that under Title 32 there is
a process to create special districts for particular kinds of purposes. Although the intent of this district is to
provide park and recreation facilities and programs, it is a metropolitan district because it will include the
power to provide water and sewer infrastructure as necessary to accompany those park and recreation
facilities where they have to be built.
Ms. Miller referred to Mr. Choate's referral and said that they are happy to provide the information that is
still needed. Additionally, in the referral Mr. Choate noted that there was a concern that one of the entities
that will be taxed for these facilities is the oil and gas industry. She added that it is true of every district,
City and County in the State of Colorado, that if there is oil and gas production and you impose a property
tax that will fall on the oil and gas industry just like it falls on every property owner.
Ms. Miller said that they are happy to contact the water districts and provide further information to them.
She added that there is not the potential that this new district could compete with an existing water district
for the provision of services.
Commissioner Stille asked if there will be a board set up and policies and bylaws. Additionally, he asked
if there will be a ballot initiative for a mill levy. Ms. Miller said that typically around the State of Colorado
park and recreation districts impose kind of small mill levies because often times they are an add-on to the
cities or counties mill levy. Mr. Stille asked if there is a benefit for a soccer field in this location. Ms. Miller
replied yes.
Commissioner Ford said that there is a wide net including many acres of land and many of those have little
voice to vote because cities will always vote a certain way that rural residential may not vote. He asked
why not tax the cities and let the rural people come in if they want to come in. Ms. Miller said that the initial
boundaries of this district are quite small and owned by Mr. VonLembke. All of the potential inclusion
property into the district is also currently owned by Mr. Bob Lembke or businesses he owns so there are no
other landowners affected by those inclusion properties.
To clarify, Bob Lembke, owner of 70 Ranch, stated that the initial parcel is 102 acres owned by his brother
Ron and is located at County Road 10 and County Road 31. He added that the inclusion area does not
include any other land not owned by him or his other entities. Mr. Lembke referred to Commissioner Ford's
question and said that no one can be taxed without going through a service plan amendment.
Ron VonLembke, younger brother of Bob Lembke, said that this is his vision and wants to create this
metropolitan district. He owns 102 acres and his brother (Bob Lembke) has included his property into the
Real Weld Metropolitan District. He added that they are not asking for any other landowners to include
their properties.
Mr. VonLembke stated that he is the Chairman of Real Colorado in Denver Colorado. They intend to have
the recreational facilities next to the SIEP (Subsurface Irrigation Efficiency Program) building, which is
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located at the corner of Highway 34 and County Road 63. Initial construction will include an artificial turf
field and a grass field but plan to have up to 25 fields to accommodate the large tournaments.
Mr. VonLembke referred to statement that oil and gas industry will not receive a direct benefit out of this,
but he disagreed because they will be getting a benefit as they intend to not only teach soccer but to also
teach life lessons and provide good citizens and employees to Weld County. He added that there will be a
scholarship program for the kids to attend other soccer events.
Commissioner Stille referred to the soccer field and the possibility of adding additional sports and suggested
adding Rugby. He asked if this location would be an anchor facility to bring in subdivisions or housing. Mr.
VonLembke said it is not his plan to add residential but rather a facility for families to come to for
tournaments/games.
Commissioner Hatch asked what the time line is for the construction of this facility. Mr. VonLembke said it
would be built in one to three years.
Jared Spires, Chief Operating Officer for Real Colorado, 5244 Heatherglen Drive, Highlands Ranch,
Colorado, said that this is an exciting venture. He said that the biggest challenge for Douglas County is the
number of kids versus the facilities that they can plat at. He said that it costs over $500,000 just to rent the
fields that they do not own and have no control over.
Mr. Spires said that Real Colorado is one of the best clubs in the country. He said that they are the one of
the only clubs in the country that play in the US Development Academy in both guys and girls, which is the
highest level in the country. He added that they have had two Olympians that recently played from this club
and they represent Colorado. The exciting part in this venture is that you can be a head of the curve by
starting to do something here and not having to learn all the lessons that they learned poorly in Douglas
County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bob Lembke said that his brother was a driving force of donating the ground to the playground next to the
Kersey municipal center because the community needed that type of investment. He believes enough in
his brother's vision to allow his land to be included in this metropolitan district. He added that where the
proposed facilities are located is a piece of land that he owns and is willing to donate that land to this district.
The Chair asked the applicant if they have read through the Conditions of Approvals and if they are in
agreement with those. The applicant replied that they are in agreement.
Commissioner Hatch said that it took a moment to wrap his head around the scope of what is being
developed; however, he appreciates what the applicants are doing and applauds the ingenuity it took to put
this together on such a broad scope. He added that as a Kersey resident and part of a failed initiative to
create a recreation district he believes that this is much needed.
Motion: Forward Case MET19-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Elijah Hatch, Seconded
by Richard Beck.
Commissioner Wailes said that he sits on a School Board of a school district that is behind the curve and
hadn't historically looked forward. He added that they are talking about a bond and a mill levy that will
probably go before the voters this fall. So, to be thinking this far ahead of the growth and where the
recreational facilities need to be, he applauds the applicants for that.
The Chair called for the vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck.
Absent: Skip Holland, Tom Cope.
Commissioner Stille said he is proud to be on a Planning Commission that has had a chance to look at this
Metropolitan District and hopefully that it gets approved.
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CASE NUMBER: MET19-0002
APPLICANT: PLATTE RIVER METROPOLITAN DISTRICT
PLANNER: TOM PARK()
REQUEST: THE PURPOSE OF THE METRO DISTRICT IS TO FINANCE THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE WATER ON
A WHOLESALE BASIS TO OTHER GOVERNMENTS OR ENTITIES THAT
PROVIDE WATER TO INDIVIDUAL USERS; AND, TO PROVIDE ONGOING
MAINTENANCE OF THE PUBLIC IMPROVEMENTS.
LEGAL DESCRIPTION: PART OF SECTION 28, T6N, R64W; PART OF SECTION 36, T5N, R64W; PART
OF SECTIONS 3, 15, 17, 18, 19, 20, 21, 29, 31, 33, T5N, R62W; PART OF
SECTIONS 3, 7, T4N, R62W; PART OF SECTIONS 1, 3, 10, T4N, R63W; PART
OF SECTIONS 22, 27, 13, 17, 20, 21, 22, 23, 24, 25, 27, 31, 33, 34, 35, 36, 23,
T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: THE INITIAL BOUNDARY IS GENERALLY LOCATED NEAR CR 31 AND CR 10
AND IS APPROXIMATELY 54 ACRES. THE INCLUSIVE BOUNDARY IS
GENERALLY SITUATED WITHIN THE 70 RANCH, BOUNDED BY CR 61 TO
THE WEST; CR 81 TO THE EAST; CR 58.5 TO THE NORTH AND HIGHWAY 34
TO THE SOUTH. INCLUSIVE BOUNDARY IS APPROX. 16,427 ACRES.
Tom Parko, Planning Services, stated that this is for a review of a Service Plan for the Platte River
Metropolitan District. He said that the intent of this service plan is to provide water on a wholesale basis to
other governments or entities that provide water to individual users. He added that this is still on the same
initial parcel and the same inclusion area.
Diane Miller, Miller and Associates Law Offices, 1641 California Street, Denver, Colorado stated that this
service plan is for a special district for water infrastructure. She said that this meets the requirements of
the Model Service Plan for its financing plan, election language, eminent domain language, and where the
deficiency comes is a need for further detail and an architectural and engineering survey, a Primary
Infrastructure Plan (PIP) and a statement within the service plan that they will comply with County standards
when they start building facilities. Ms. Miller stated that they are prepared and willing to put a statement in
regarding the County standards and to make sure that they bring the exhibits on the PIP and the
architectural/engineering survey up to the standard to meet the approval of the County Staff prior to the
Board of County Commissioners hearing.
Bob Lembke, 8301 East Apprentice Avenue, Greenwood Village, Colorado, stated that as development
continues to occur, they have a need for water and water infrastructure. These small towns like Weldona,
Orchard, Kersey, Milliken, Gilcrest, and Ft. Lupton lack funding and infrastructure to develop water systems.
This proposed metropolitan district is going to include two to three reservoirs, pipelines and the recharge
locations.
Mr. Lembke said that the Town of Gilcrest has a high-water table problem and by installing some wells and
a small pipeline linking into the one he already has planned, they can dewater the town and eliminate the
water problem. He added that he has been working on a reservoir that is about 16,000 -acre feet of water
using existing undeveloped water rights on the river and the purpose is run at the far east edge of Weld
County along the Platte and work upstream for those communities that are too small to finance that type of
infrastructure. He added that the oil and gas companies have a significant benefit from the infrastructure
already built as the 70 Ranch reservoir is open and about 40% full and 1500 acre feet of that are allocated
for the immediate area needs so there is a block of water to help provide that service to the oil and gas
industry.
Commissioner Ford said other water districts supply water to rural residences and asked if this will be able
to do that. Mr. Lembke said that under this plan they do not intend to provide potable water as they are not
in competition with other water districts; however, if those districts cannot serve that area and they are not
in the other district's boundaries, they might consider it.
Commissioner Johnson referred to the comments regarding the water from Gilcrest and asked how Mr.
Lembke is dealing with the State water laws for taking that water. Mr. Lembke said he will leave that to the
water attorneys. However, some of the problems in the Gilcrest area are those that wanted to take the
water they are capturing and use it on their fields. He added that placing that water for beneficial use would
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result in the water courts and in the legislature. He recommended by doing that to install a city sump pump
and if it is returned to the river and don't beneficially use it then you will not be penalized. So, they envision
offering Gilcrest the option of using the pipeline as it doesn't cost him anything to put Gilcrest's water into
this pipeline.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ron VonLembke, 8301 East Apprentice Avenue, Greenwood Village, Colorado, said that he is proud to be
the younger brother of Bob Lembke as he is a long-range thinker and problem solver.
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 MET19-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded
by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck.
Absent: Skip Holland, 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 6:08 pm.
Respectfully �submitted,
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Kristine Ranslem
Secretary
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