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Home My WebLink About20132991.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 15, 2013 O' 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, Mark Lawley, at 1:30 pm. Roll Call. Present: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman. Absent/Excused: Benjamin Hansford, Mark Lawley. Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll and Jennifer Petrik, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the October 1, 2013 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Nick Berryman. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR13-0039 LEE LARSON DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AUTOMOBILE REPAIR) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -5022; PART E2SE4 SECTION 30, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO HWY 60; APPROXIMATELY 1,000 FEET NORTH OF CR 40. ✓ Diana Aungst, Planning Services, presented Case USR13-0039, 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. Commissioner Berryman asked if there is a screening plan required. Ms. Aungst stated that there are many mature trees on site that screen the shop building from the Highway. Additionally, the applicant stated that he will store the vehicles inside the shop building. D` Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Ms. Petrik suggested removing Condition of Approval 1.G as it is included under Condition of Approval 1.H.8. • Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Ms. Evett recommended amending Development Standard 19 to read "Sewage disposal for the facility shall be by septic system. In the event the applicant intends to utilize the septic system at the existing home for clients and employees the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6 people per day. If the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems." CoThi icru'ca ti`11Yo /0/231)3 1 2013-2991 Additionally, Ms. Aungst requested that Development Standard 3 be amended to include a change to the number of employees on site. Due to technical issues, Ms. Aungst asked if we could make the amendment after the applicant's presentation. "" Lee Larson, 19247 Highway 60, stated that he plans to operate an automobile repair shop on site. Commissioner Maxey how long he has been operating on site. Mr. Larson said that they purchased the property in 2007 but has been working out of this shop for the past year. He added that he thought that it was zoned for this use. Commissioner Maxey said that no outdoor storage is allowed according to the proposed development standards. Mr. Maxey referred to the aerial view and clarified if what is stored outdoors are personal items. Ms. Aungst replied that there are personal items outside and it does not require screening. Mr. Larson said that he intends to add more landscaping as well. 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 Ms. Aungst if she had the language for Development Standard 3. Ms. Aungst requested a brief recess to get the information. The Chair called a recess at 1:49 pm and reconvened at 1:55 pm. Ms. Aungst requested to amend Development Standard 3 to read "The number of on -site employees shall be commensurate with the number of persons which the septic system may accommodate in accordance with the requirements of the Weld County Code pertaining to Individual Sewage Disposal Systems Regulations." Motion: Motion to amend Development Standard 3 as stated by staff, Moved by Nick Berryman, Seconded by Bruce Sparrow. Motion passed unanimously. Motion: Motion to amend Development Standard 19 as stated by staff, Moved by Nick Berryman, Seconded by Joyce Smock. Motion passed unanimously. Motion: Motion to delete Condition of Approval 1.G and re -letter accordingly, Moved by Nick Berryman, Seconded by Bret Elliott. Motion passed unanimously. The Chair asked the applicant if he has read through the amended Development Standards and Conditions of Approval and if he is in agreement with those. The applicant replied that he is in agreement. D'' Motion: Forward Case USR13-0039 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 Jordan Jemiola, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: COZ13-0003 INEZ GUTIERREZ DIANA AUNGST CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT LOT 2 SUB EXEMPT SE -1150; PART SE4SE4 SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO NW C STREET AND APPROXIMATELY 1,000 FEET WEST OF N 23RD AVE. 2 Commissioner Wailes and Commissioner Maxey noted for the record that they visited the site and provided field check forms to staff. "' Diana Aungst, Planning Services, presented Case COZ13-0003, reading the recommendation and comments into the record. The Department of Planning Services recommends denial of this application. Commissioner Wailes asked if the applicants are using the water to or above its maximum capacity. Ms. Aungst said it is unclear and added that it is a concrete business. She noted that it would be up to the City of Greeley to require any infrastructure be improved. Commissioner Jemiola clarified if the property to the west of the site is zoned agricultural. Ms. Aungst replied that it is zoned agricultural and added that it was previously zoned R-1. She further added that the property owners requested a change of zone in 2005 and it was approved to be rezoned to agricultural. Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. • Lauren Light, Environmental Health, stated that at this time there is water and sanitary septic available to the property. At the time when the applicant submits a land use application they will review the required water and sanitary sewer adequacy, on -site dust control, and the Waste Handling Plan. • John Gutierrez stated that he lives in the house next door to the west of the subject site. He said that they operate a concrete company and use this site as an office or storage space. He added that there is no mixing of concrete on site. It is a 2 to 4 truck operation where the employees come at 7:30 am and are gone to the job site until they return at 5 pm. There are 1 to 2 employees on -site daily. Commissioner Wailes asked how long they have been in business. Mr. Guiterrez said that they have been in business since 1989; however they have operated from this site for the last 4 years. The Planning Commission asked if there was another zoning designation that staff would support for this site. Ms. Aungst said that the minimum lot size in the agricultural zone district is 80 acres so the recommendation would be the same since this lot does not meet the minimum lot size. She added that commercial or industrial zoning could be a possibility; however due to compatibility staff may have the same recommendation as well. 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. • Commissioner Elliott wants to approve this request given the location and hopes that we can find a way that the zoning will allow this use. Commissioner Berryman said that according to the Code it does not fit but given the location and its surroundings it is compatible. Commissioner Wailes agreed and would love to find a way to approve this. He doesn't believe that the water is an issue. Commissioner Elliott asked why staff would not support industrial zoning for this site. Ms. Aungst said that this site is surrounded by R-1 Residential uses and having a parcel zoned separate from its surroundings is considered spot zoning and staff could not support this. • Motion: Forward Case COZ13-0003 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 Bret Elliott. Commissioner Wailes said that we have a precedent with the site to the west that was rezoned in 2005. He cited Section 23-2-30.A and stated that the burden of proof is on the applicant to ensure that he has 3 water and according to his testimony Mr. Wailes doesn't believe it will be an issue. Additionally, Mr. Wailes believes that a large portion of this property is adjacent to agricultural zoning and the area is general is a cornucopia of zoning. Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0). Yes: Bret Elliott, Jason Maxey, Joyce Smock, Michael Wailes, Nick Berryman. No: Bruce Sparrow, Jordan Jemiola. Commissioner Smock stated that the applicant has been in business for a few years and with no objection from surrounding property owners she feels that this use is acceptable. Commissioner Berryman said that future use of intensifying this site is naturally limited by the floodplain and also the ability of water service. Commissioner Elliot said that agriculture surrounds the property and with the precedent of the property to the west that was rezoned in 2005 he doesn't believe it is an issue. Commissioner Maxey said that he feels it is compatible with the area. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: USR13-0045 ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (577KW COMMUNITY SOLAR GARDEN) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B REC EXEMPT RE -2496; PART W2 SECTION 29, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 54; WEST OF AND ADJACENT TO CR 15.5. Commissioner Maxey and Commissioner Wailes stated that they had visited this site and have submitted their field checks to staff. • Kim Ogle, Planning Services, presented Case USR13-0045, 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. Commissioners Wailes referred to Section 22-5-140 and asked how the size of the solar facility is determined between a large and a small facility. Mr. Ogle said that it is determined according to wattage. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. • Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. • Richard Miller, land manager for Clean Energy Collective, 3005 Center Green Drive, Boulder Colorado, stated that this community solar garden would serve the citizens and businesses within the Poudre Valley service area. He added that they have a Power Purchase Agreement with Poudre Valley Rural Electric Association that allows anyone with an electric bill within their service area to participate in renewable energy program. Mr. Miller stated that the panels are purchased by citizens and businesses and the power that is produced is then credited against their electric bill. This proposed facility would be available to anyone 4 within the service area of Poudre Valley to purchase a solar panel. This facility would have between 2,450 and 2,500 solar panels and would provide power that is equivalent to 167 homes for 1 year. The site will be entirely fenced and they have talked with the landowners about providing screening. Commissioner Jemiola asked if there is any possible ground contamination if the panels are damaged. Mr. Miller replied no and added that there are no hazardous materials associated with or in the panels. Mr. Jemiola inquired if there is any glare with these panels. Mr. Miller said that the surface of the panels is made to help reduce the amount of glare and added that they have not received any complaints and have had no issues with glare. Commissioner Wailes asked if water rights are available to this site. Robert Brown, landowner, 7360 CR 54, stated that there are no water rights on the property. The potable water is from Little Thompson Water District. Mr. Wailes asked what the property has been used for previously. Mr. Brown said that they allowed the neighbor to have horses on the property but now that they have sold their horses they wish to put the land into some kind of use. Commissioner Sparrow asked if this facility will comply with Senate Bill 252. Mr. Miller replied yes and said that they are receiving many calls from municipalities and counties. tis' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Severo Meza, 25809 CR 15.5, stated that he lives to the east of the project. He was told that someone from the company would be contacting him about the project but hasn't had any contact with them yet. Mr. Meza said that this project will put a damper on their views. He is not against the project but said it might be better to move it closer to County Road 54. Commissioner Berryman asked Mr. Meza about the proposed screening of the project. Mr. Mesa said that he doesn't know if he would prefer screening or not. Commissioner Sparrow asked Mr. Meza if his property is higher than the project. Mr. Meza replied yes. P' Mr. Miller said that they were approached by the landowners to consider placement of the community solar farm on their property and added that they worked with the landowners on where they would like to see the facility. Mr. Miller said that the panels face south at a 30 degree angle and they try screen the facility as best they can. He added that he will talk with the Meza's about their concerns. Commissioner Wailes asked if they could plant some trees that would be more visually pleasing. Mr. Miller stated that they have looked at landscaping and although they don't want tree types that will grow 50 feet high they will look at other types of vegetation and trees that might help soften it somewhat. 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 USR13-0045 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 Jordan Jemiola, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman. Commissioner Jemiola encouraged the applicants to work with their neighbors to mitigate their concerns. Commissioner Elliott left the meeting at 3:47 pm. The Chair called a recess at 3:47 pm and reconvened at 3:56 pm. CASE NUMBER: USR13-0046 APPLICANT: ELECTRICAL SYSTEMS PROFESSIONALS INC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (ELECTRICAL CONTRACTORS SHOP) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: PART E2SE4 SECTION 31, T7N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 74; APPROXIMATELY ONE HALF MILE WEST OF CR 51. For the record, Commissioner Maxey noted that he visited the site before today's hearing and submitted the field check to staff. • Kim Ogle, Planning Services, presented Case USR13-0046, 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. e> Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. • Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Jeff Murray, 430 W ?(inaudible) Street, Trinidad, Colorado, stated that they bought this property for parking and to perform light maintenance on trailers. He added that the public does not come to the site. The equipment is typically at job sites and he doesn't foresee a lot of vehicles or trucks or equipment parked there for a long period of time. 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. 0' Motion: Forward Case USR13-0046 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 Joyce Smock, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman. Absent: Bret Elliott. 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. Jordan Jemiola requested that a presentation be given on solar facilities or renewable resources. Meeting adjourned at 4:15 pm. Respectfully submitted. aithiDigitally signed by Kristine Ranslem 1Q Date: 2013.10.18 08:30:01 -06'00' Kristine Ranslem Secretary 6 Hello