HomeMy WebLinkAbout20110500.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 1, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:35 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Michelle Martin, Kim Ogle, and Tom Parko, Department of Planning Services; Elizabeth Relford,
Don Carroll, Heidi Hansen and Janet Carter, Department of Public Works; Lauren Light and Troy Swain,
Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Alexander Zauder moved to approve the January 18, 2011 Weld County Planning Commission minutes,
seconded by Mark Lawley. Motion carried.
The Chair read the first case into record.
CASE NUMBER: CZ-1156
APPLICANT: Balmes Homes LLC Defined Benefit
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District.
LEGAL DESCRIPTION: Outlot A of Highland Farms PUD being part NW4 of Section 5,Ti N, R68W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and east of CR 3.
Michelle Martin, Planning Services, stated that the applicant has applied for a Change of Zone from the A
(Agricultural) Zone District to the E (Estate) Zone District.
The property will be serviced by Left Hand Water District and an Individual Sewage Disposal System
The surrounding property to the west and south are zoned Estate,the property to the east is zoned Agricultural
and State Highway 52 borders the property to the north. The property is located within the three mile referral
area for the City of Dacono and the Towns of Erie and Frederick and Boulder County.The City of Dacono and
the Town of Erie indicated in their referrals, dated August 30, 2010, that they have no conflicts with the
proposed development. The Town of Frederick and Boulder County did not respond to the referral request.
No comments have been received from the surrounding property owners regarding the proposed change of
zoning. Therefore, the impact of the proposed use will be compatible with the surrounding land uses.
The Colorado Department of Transportation(CDOT)in their referral dated September 1, 2010 stated that the
applicant has already obtained an access permit from CDOT for an additional house using the eastern access.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Lauren Light, Environmental Health, commented that they do not have any concerns with this request.
Heidi Hansen, Public Works, stated that the applicant has provided an approved CDOT access permit. She
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added that they do not have any concerns with this request as well.
Greg Balmes stated that they would like to build a house on the east ag lot. He added that this lot was part of
Highland Farms Subdivision and he purchased the lot from the original developer. He would like to see
someone living on the property and maintaining it.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case CZ-1156 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,absent; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1765
APPLICANT: Coronet Investment Company LLC
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
commercial junkyard or salvage yard, offices, and outdoor storage (for a
construction company) in the C-3 (Commercial)Zone District.
LEGAL DESCRIPTION: Lot 2,Althen Boyer Subdivision being part of the SW4 of Section 23,T1 N,R68W
of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
CR 6.
Michelle Martin, Planning Services,stated that currently the property is in violation(ZCV10-00005)due to the
presence of a commercial junkyard/salvage yard and other commercial activities without first submitting and
completing the necessary Weld County Zoning Permits.
The Department of Planning Services recommends that this request be denied for the following reasons:
Section 23-2-260.E.2 of the Weld County Code states "Proof that a water supply will be available which is
adequate in terms of quantity, quality and dependability(e.g., a well permit or letter from a water district)."
The State of Colorado Office of the State Engineer in their referral dated November 29, 2010 stated,"Based
on the submitted materials,water is currently supplied to the facility from an existing well with Permit Number
15774-F. Based on the information available in the State Engineer's Office this well is constructed to a depth
of 680 feet and likely withdraws water from the Laramie-Fox Hills aquifer. At the location of the well it is
presumed that ground water in the Laramie-Fox Hills is hydraulically connected (tributary) to an over-
appropriated stream system and that pumping of the well will cause material injury to other water rights. As
such, a court approved augmentation plan is required to offset depletion caused by pumping of the well.
According to the records available in the State Engineer's Office this well is not included in a court approved
augmentation plan, as recommended in previous correspondence regarding this well, dated June 11, 1992
and December 1, 1993. If this well is not included in a court approved augmentation plan this well cannot be
used to provide water to the existing or proposed facility until such time as the application obtains a court
approved augmentation plan or substitute water supply plan that replaces the depletions from the well in time,
location and amount so as to prevent injury to other water rights. Since our office does not have evidence that
this well is included in a court approved augmentation plan, the Division Engineer for Water Division 1 has
sent the well owner the letter for Cause Order.
It is the opinion of the Department of Planning Services'staff that the applicant has also not shown compliance
with Section 23-2-220 of the Weld County Code as follows:
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Section 23-2-220.A.1 of the Weld County Code states, "That the proposal is consistent with Chapter 22 of this
Code and any other applicable code provision or ordinance in effect."
Section 19-2-60.B of the Weld County states,"Development outside urban growth area. To the extent legally
possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above,
the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area
outside the Urban Growth Area. This Subsection shall not require disapproval of a recorded exemption solely
because the smaller parcel is less than two and one-half(2%) acres in size."
The proposed commercial use is located outside the urban growth area as defined in Appendix 19-C of the
Weld County Code but is located within the Southern Weld Planning Area,therefore the City of Dacono in their
referral dated October 20, 2010 is encouraging denial of the proposed Use by Special Review.
In their referral the City of Dacono states the following:
"The location of the proposed salvage yard is within one mile south of the City limits. This 1-25 corridor is
perceived as the front door to the City of Dacono. The City of Dacono is adjacent to other salvage yards
located in unincorporated Weld County—Erie Salvage and Speedway Auto Wrecking both at 1-25 and County
Road 12, as well as and Elliott's Auto Salvage on CR 13. All of these operations detract from the overall
appearance of the City and have an external impact on the City of Dacono's adjacent land use."
"The City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan guiding
principles stating that land use policies have a significant impact on economic conditions in the County and
should be structured to encourage economic prosperity and economic growth. As stated by the Weld County
Comprehensive Plan, economic development is directly related to actual physical development;therefore,the
County should foster an effective process to support development, while protecting the health, safety and
welfare of citizens of the County. The continued growth of additional salvage yards in southwest Weld County,
most notably surrounding the City of Dacono; suggest an overall lack of investment and economic
development opportunity for new business growth and development. Long term,the reuse of this land is many
be complicated by the presence of potential hazardous substance, pollutants or containments which will
negatively impact the City of Dacono."
"The City of Dacono has significant concerns with environmental containment issues related to Freon recovery
(a threat to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal (lead
and acid could cause groundwater contamination). Over the years, the City has also witnessed the lack of
County oversight and presumably illegal expansion of these operations as wells as the growth of junk, mobile
homes, campers, trash tires, high weeds and associated undesirable elements."
Planning staff is recommending denial of the application. If this application is approved, attached are
conditions of approval and development standards.
Lauren Light, Environmental Health, stated that the applicant has the option of purchasing a tap from Left
Hand Water District. There are two septic systems on this property sized for 17 employees each. Since there
is only one employee there is no requirement for an engineer to evaluate the system.
Heidi Hansen, Public Works, stated that access is onto the 1-25 Frontage Road controlled by CDOT. The
applicant is required to provide an approved access permit from CDOT. The applicant has provided a water
quality design to control any stormwater runoff and catch any contaminants onsite.
Kurt Althen, 592 Fallen Leaf Way, Pine Village NV,stated that there are two primary issues,one being with the
water and the other issue with the City of Dacono. He added that the augmentation plan at this point doesn't
seem to be a viable option and therefore a city tap appears to be the best option. He said that the next step is
to go through the process of petitioning to be part of the Central Weld County Water District. Once that
paperwork and application is completed then he will submit that to the Division of Water Resources.
According to the State Engineer it shouldn't be a problem to get an emergency to continue using the well for
sanitation purposes only.
As far as the City of Dacono, he understands that this is the front door to their town; however no one wanted to
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rent the property as it was surrounded by a junkyard, except a junkyard itself. He said that he invested money
into fixing up the building and intends to install screening or landscaping around the outside storage.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Roy Spitzer moved that Case USR-1765 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes with comment; Erich Ehrlich,yes; Robert Grand,absent; Bill Hall,yes;Alexander Zauder,yes;
Jason Maxey, absent; Roy Spitzer, yes with comment; Mark Lawley, yes with comment; Tom Holton, yes.
Motion carried unanimously.
Commissioner Berryman commented that this request is compatible with the surrounding uses.
Commissioner Spitzer echoed Mr. Berryman's comments.
Commissioner Lawley also agreed with Mr. Berryman and Mr.Spitzer regarding compatibility with surrounding
uses.
The following case was read into record.
CASE NUMBER: USR-1769
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Water Services
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater
injection facility and a water recycling facility)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A and B RE-4538;being part of S2NE4/N2SE4 of Section 29,T11 N,R62W of
the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 0.25 miles south of CR 126; west of and adjacent to CR 77; 0.5
miles north of CR 124.
Kim Ogle, Planning Services, stated that the site is bordered by agricultural uses, predominately grazing and
croplands with sparsely populated residential development. There is one property owner holding three parcels
within 500 feet of this proposed facility. There are no residences in the general area.
The property is within the three mile referral area for the Town of Grover. The Town of Grover, in their
referral, indicated no conflict with their interests. This application is for a new facility for oil field brinewater
disposal with tanks for brinewater and separate tanks associated with the water recycling facility, and one
building for the pumps and office. There are normally two employees onsite when accepting trucks,which is
from 24 hours each day, 7days each week.
Primary access to the facility is from County Road 77,an arterial road. The primary haul route will be north or
south on County Road 77. Internal roads to the facility yard are graveled and graded.
The applicant states that each of the locations or facilities is basically operated the same. This facility
operates as recently approved C7 near Cornish.
Fifteen referral agencies have reviewed this case and six offered comments, some with specific conditions.
There have been no letters or telephone calls to review the case file.
The Weld County Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
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Mr. Ogle stated that staff is requesting two changes to the staff report. Development Standard 22 should read
"Access to the site shall be from County Road 77. Transport trucks weighing up to 40 tons will visit the site
approximately 100 times daily."
Development Standard 29 should be amended to read "Hours of operation, acceptance of waste water and
transport off-premises of recycled water, are 24 hours per day, 7 days per week."
In addition, staff requested to delete Development Standard 21 because it is a duplicate to Development
Standard 40.
Roy Spitzer moved to delete Development Standard 21 and amending Development Standards 22 and 29 as
requested by Staff, seconded by Bill Hall. Motion carried.
Troy Swain, Environmental Health, stated that there are several facilities like this request. He added that this
facility will be co-located with a recycling facility.
Don Carroll, Public Works, stated that the access is from County Road 77, which is an arterial roadway
requiring 140 feet of future right-of-way. Public Works has asked the applicant to provide an additional 40 feet
to accomplish the future right-of-way.
No traffic study is required. They did ask that improvements be made to the entrance of the facility, which
would provide a right-turn deceleration lane going in, a left-turn deceleration lane turning into the facility from
the opposite direction, along with adequate turning radiuses. The right-turn lane going out will be triggered if
truck traffic exceeds 50 vehicles during the peak hour.
Dale Butcher, 1024 49th Ave, Greeley, CO, stated that the business is to dispose of oilfield wastewater in an
environmentally sensitive way. They either filter the water and inject it into the ground nearly two miles deep or
run it through a relatively new process that allows them to reuse the water within their industry. There are
currently five such facilities.
Mr. Butcher stated added that this facility will reduce truck miles on Weld County roads by about 2 million
miles per year.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Bill Hall moved that Case USR-1769, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand, absent; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:30 pm and reconvened at 2:34 pm.
CASE NUMBER: ORDINANCE 2011-2, 2011-3, 2011-4
PLANNER: Tom Parko and Elizabeth Relford
REQUEST: Code Ordinance#2011-2, 2011-3, 2011-4, In the Matter of Repealing and
Reenacting, with Amendments, A portion of Chapter 5,Article VIII Capital
Expansion Fee and Stormwater Drainage Infrastructure Fee, Chapter 20
Road Impact Fees, Chapter 23 Zoning, and Chapter 29 Building
Regulations of the Weld County Code.
Tom Parko, Planning Services, stated that there are several code changes proposed to the Weld County
Code and began going through the list of the proposed changes.
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Under Section 23-4-600, staff requested to amend Item O to read "A Weld County Road Access Permit
Application Form".
The Planning Commission agreed that under Section 23-4-620.C, it should be amended to allow 12 (12)
months for an applicant to commence a building permit for a second single family dwelling rather than the
proposed six (6) months.
Staff corrected Section 24-8-30 and stated that the subdivision exemption is actually intended for six (6)
purposes rather than the proposed five purposes. Mr. Parko stated that the Oil and Gas facilities were
incidentally omitted and therefore the proposed item 5 should be renumbered to"6. For the temporary use of a
parcel for Telecommunication Antenna Tower facilities."
In regard to Section 23-4-30.C Nonconforming uses of land, the Planning Commission recommended to
amend it to read "No nonconforming use of land shall cease so long as the property and associated
structure(s)associated with the nonconforming use are being maintained in accordance with this Code. If the
property and associated structure(s)are not adequately maintained the nonconforming use shall cease. Any
subsequent use of such lot or parcel shall conform to the regulations specified by this Chapter for the zoning
district in which such lot or parcel is located."
Mr. Parko said that at the Board of Adjustment meeting earlier today, the Board recommended to include a
code change to wind generators on lots less than one (1)acre in size, as long as that wind generator meets
the required setbacks. Bruce Barker, County Attorney recommended allowing wind generators on lots with a
minimum of one-half (1/2) acre in size. The Planning Commission agreed with the recommendation and
wished to add that wind generators be allowed on lots with a minimum of one-half(1/2)acre in size,as long as
that wind generator meets the required setbacks.
Elizabeth Relford, Public Works, introduced proposed code changes for Chapter 5 and Chapter 20 of the
Weld County Code. Currently, Chapter 5 includes the Capital Expansion and Stormwater fees. She added
that those impact fees in Chapter 5 would now be included in Chapter 20;therefore Chapter 20 would include
all of the Impact fees (Road Impact, Stormwater, and County Facilities).
Included with these code changes is to amend the fee schedule for Weld County Government fees under
Appendix 5D as well as to the Weld County Planning Fee Schedule under Appendix J.
Mark Lawley moved that Ordinance 2011-2, 2011-3 and 2011-4 along with all the recommended changes
above, be forwarded to the Board of County Commissioners along with the Planning Commission's
recommendation of approval, seconded by Bill Hall. Motion carried unanimously.
Staff asked the Planning Commissioners if there are any other code changes they would like to see at the next
round of proposed code changes. Commissioner Berryman referred to the Energy Summit in which Weld
County had recently hosted and mentioned that there was a recommendation of extending the height of the
wind generator to the rotor height rather than the tower height.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 3:58 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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