Zoning Board of Adjustment

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Zoning Board of Adjustment Tuesday, June 13, 2023 5:30 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The meeting will be live on Channel 8 and c3gov.com/video. Zoom Registration:https://c3gov.zoom.us/webinar/register/WN_amF eS-gYSd-ZwZLTIzSLNg This meeting will be held in person in the City Council Chambers (location above). There will be general public physical access to this meeting or virtual participation by using the Zoom link above. Call to Order Chairperson Leffel called the meeting to order at 5:42 pm Present 4 - Board Member Benjamin Huseman, Board Member Chris Gronquist, Garret Biltoft, and Dennis Cammack Pledge of Allegiance Approval of Minutes Min 23-163 August 09, 2022 Minutes Attachments: AUGUST 09 2022 BOA MINUTES A motion was called by Board member Gronquist " I motion to amend the minutes to show that Gene Leffel was of attendance for the August 09, 2022 Board of Adjustment Meeting." Ayes: 4- Board Member Huseman, Board Member Gronquist, Biltoft and Cammack Case(s) Pres 23-392 A-1769-U-23: Nebraska Ash Company is requesting approval of a Use-by-Permit for fly ash storage/distribution. The fly ash silos are generally located approximately 320-feet southwest of 7350 Krameria Dr., zoned I-2 (Medium-Intensity Industrial District) Commerce City Page 1 Zoning Board of Adjustment Meeting Minutes - Final June 13, 2023 Attachments: BOA Report A-1769-U-23 Vicinity Map Use-by-Permit Narrative Site Plans, Elevations, and Landscape Plan Neighborhood Meeting Summary Comment Letters City Attorney Sarah Geiger introduced the case and the planner, Nathan Chavez. City Planer, Nathan Chavez presented the case. Chairperson Leffel saw that no board members had any questions and invited the public to speak. Called the applicant, Don Conners, located at 7381 Krameria Dr.,0 voiced that he has a problem with the filtration systems and the dust that comes from the dirt driveway and the towers too. There was further discussion of the hours of operation and how it typically does not run after 5pm. Gene Rajas, 7371 Leyden St., said that the more dust is accumulated with more traffic and possibly some dirt coming and the loud noise that comes out when the machine is in operation. At this time, Chairperson Leffel called the applicant to the stand. Applicant, Trent Watney, Nebraska Ash, 7350 Krameria Dr., Commerce City, CO. Applicant made a presentation Brian Lugson, 7350 Krameria Dr, spoke on the dust concerns on planned on putting chloride on their driveway to help with the amount of dust. They also have a plan to remove the noise of the operation. Gene thanked the applicant and asked the board member if they have questions. Board member Hernandez wanted to see if there would be any risks if they do not remove the part. Applicant said that there would not be risk especially with the new system. Huseman asked to clarify the audit date was August 2020. Also noted that the landscaping requirements and how dead trees should be removed. Requested that the applicant prioritize the landscaping and drainage, staff noted that Dr. Russo did not formally review this plan to provide comments. Dale Kissling, Nebraska Ash Company from Lincoln Nebraska approached the stand but the board had no further questions. Esther Hall, 7200 E 75th Ave, stated that she grew up in that area and that 10 years ago the train derailed and wondered if the company has any safeguard if there are any possible derailment and to make sure that the Fire Department is aware of it. Chairperson Leffel noted that there were no further comments. Huseman: "I move that the Board of Adjustment continue the public hearing of Commerce City Page 2 Zoning Board of Adjustment Meeting Minutes - Final June 13, 2023 the requested Use-by-Permit for the property located approximately 320-feet southwest of 7350 Krameria Dr. contained in case A-1769-U-23 to: 1. August 2023 Board of Adjustment meeting so that Dr. Russo can review this request and provide formal recommendation. Also for the applicant to provide updates on landscaping and time to review said comments." Ayes: 4- Board Member Huseman, Board Member Gronquist, Biltoft and Cammack Pres 23-393 A-1755-H-23: Nebraska Ash Company is requesting the approval of a 22-ft. Height Exception (72-ft. in total height) for upgrading mechanical equipment above two existing fly ash silos to regulate aeration of bulk material. The proposed equipment location is generally located approximately 320-feet southwest of 7350 Krameria Dr., zoned I-2 (Medium-Intensity Industrial District). Attachments: BOA Report A-1755-H-23 Vicinity Map Height Exception Narrative Site Plans, Elevations, and Landscape Plan Neighborhood Meeting Summary Comment Letters Huseman called for a motion:"I move that the Board of Adjustment continue the public hearing of the requested Height Exception for the property located approximately 320-feet southwest of 7350 Krameria Dr. contained in case A-1755-H-23 to: the August 2023 Board of Adjustment Meeting" Ayes: 4- Board Member Huseman, Board Member Gronquist, Biltoft and Cammack Pres 23-391 A-1766-U-23: Galloway & CO., Inc. on behalf of King Soopers is requesting a Use-by-Permit for a fuel station to be located generally at the southwest corner of East 62nd Avenue and Parkway Drive. The subject property is approximately 0.56 acres in size and zoned General Commercial District (C-2). Attachments: BOA Report A-1766-U-23_King Soopers Fuel, Use-by-Permit V-Map_King Soopers Fuel Use-by-Permit_Narrative_King Soopers Fuel Development Plans_King Soopers Fuel Comment Letters_King Soopers Fuel City Attorney, Sarah Geiger, presented the case and city planner, Matt Kowalski. Matt Kowalski presented on the case. Board Hernandez member wanted to see why there was a delay with the project. Board Member Gronquist cleared that this is the second time they are seeing the use by permit and if there is a limit of how many times they can come the board. Staff Commerce City Page 3 Zoning Board of Adjustment Meeting Minutes - Final June 13, 2023 clarified that after they pass the lapse, they can ask as many times. At this time, Chairperson Leffel called the applicant to speak. Applicant, Galloway & Company, Nate Abbot, 5500 Greenwood Village thanked the board and the staff and presented on the case. Chairperson thanked the applicant and opened the discussion for questions. There was conversation between Board Member Hernandez and the applicant why there was a delay on the construction of the facility as there wasn't enough demand for this facility. Chairperson Leffell noted his hesitation on navigating a fuel truck on the circle. There was further discussion on the right in and right out on the parkway and that the access drive will be shared with both properties.Applicant commented that the software they use with turning radiators for the fuel trucks and does not anticipate any problems for this. Board Member Huseman stated that we will have diesel, and other fueling options, and asked how they would see the difference of diesel fueling. Applicant said that they can possibly include some signage that can give direction of the traffic flow. Huseman noted that the fuel trucks that are going in there might cause more damage. Applicant wanted to talk more with King Soopers and noted that the area is part of the Urban Renewal and that the trucks may cause damage to the driveway. Joy Bishop, 5531 Niagara St., asked if there will be electric charging stations for the cars, and that it is not proposed with this site, and ideally be located somewhere else in the plaza. Voiced that she had a hard time seeing the tankers go through the site. Huseman voiced the dissapointment that the electronic station was not included in this proposal. Seeing no further questions, Chairperson called for a motion Board Member Huseman called for a motion: I move that the Board of Adjustment enter a finding that the requested Use-By-Permit for the property generally located at the southwest corner of East 62nd Avenue and Parkway Drive contained in case A-1766-U-23 meets the criteria of the Land Development Code and based upon such finding, approve the Use-By-Permit" Ayes: 4- Board Member Huseman, Board Member Gronquist, Biltoft and Cammack Board Business None Attorney Business None Staff Business None Adjournment Commerce City Page 4 Zoning Board of Adjustment Meeting Minutes - Final June 13, 2023 Chairperson Leffel adjourned the meeting at 7:01pm Any citizens requesting accommodations, with respect to rights under the Americans with Disabilities Act, to attend or participate in any public meeting, and/or to obtain this notice in alternate formats, is asked to please contact Kim Adame at 303-227-8818 as soon as possible before the meeting. For Spanish translations services, please call, 720-386-9023 and use code 104091*. Habrá interpretación disponible en español en vivo por teléfono. Llame al 720-386-9023 e ingrese el código de conferencia 104091*. Commerce City Page 5