HomeMy WebLinkAbout20243232.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, November 5, 2024
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
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Michael Palizzi, Barney Hammond, Michael Biwer, Cindy Beemer.
Absent: Pamela Edens, Virginia Guderjahn.
Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light, Department
of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 15, 2024 Weld County Planning Commission minutes, Moved by Cindy
Beemer, Seconded by Barney Hammond. Motion passed unanimously.
Case Number: USR24-0015
Applicant: Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports, Inc.
Planner: Diana Aungst
Request: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Supp_ort_and Service_ (truck parking and_equipment storage),_outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Lot A Recorded Exemption RE -3692; being part of the SE1/4 of Section 26,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 52; approximately 0.13 miles west of County
Road 47.
Diana Aungst, Planning Services, presented Case USR24-0015, reading the recommendation and
comments into the record. Ms. Aungst noted that this site is in violation for operating a trucking business
without the necessary permits.
Ms. Aungst stated that the applicant is proposing the eastern access point as a commercial access point
for the business and has submitted a variance for this purpose. Staff has conditionally approved this access
variance so that if this USR is approved, then the access variance will be approved.
The Department of Planning Services recommends denial of this application. Ms. Aungst included
conditions of approval and development standards, should the Planning Commission recommend approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Hannah Dutrow, AgProfessionals, 3050 67th Avenue, Greeley, Colorado, stated that she is representing
the applicants. The applicant is requesting a USR for an oil and gas support service business. The property
owners operate MVJ Transports which specializes in the transport and delivery of equipment and materials
for oil and gas sites around the County with a primary focus on delivering pipe for operation. She added
that the site will primarily be for parking of trucks and storage of equipment and materials.
Ms. Dutrow said that they understand staff is recommending denial but believe they have made adjustments
to the site plan that they believe mitigate these concerns. She added that the proposed access along the
southeast reduces the impact of the proposed operation on the surrounding properties. Screening and
additional buffering through landscaping can help mitigate potential nuisance conditions.
Ms. Dutrow stated that the site currently accesses the residence from a shared access easement along the
western property boundary and it serves a total of three (3) residences.
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Ms. Dutrow stated that they believe they have met the standards for a USR and respectfully request a
recommendation of approval.
Commissioner Wailes asked what the status is of the proposed timeline of the pending access point. Ms.
Dutrow said that the variance has been submitted and reviewed by Staff and it would be approved upon
approval of the USR.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Nicholas Ford, 22803 CR 52, expressed concern regarding the noise, traffic, and dust. He has a good
relationship with the neighbors and added that they do share the original easement. Mr. Ford said that with
the parking of this business there are a lot of unfamiliar people around his property and is concerned with
the safety of his children. He added that their property is continuously being surrounded by trucking
operations.
Jane Ford, 22811 CR 52, stated that they have lived on their property for 48 years. Ms. Ford is concerned
for the safety of her grandchildren and all the truck traffic. She added that they are being encroached upon
by other businesses in the area.
Ms. Dutrow said that they agree the shared access is not appropriate for the commercial operation which
is why they proposed the southeastern access. She added traffic is primarily expected to go toward County
Road 47_so_it-shouldn't_be-crossing to_the_west.Ms._Dutrow_said that -the -excess traffic -and -the -other
adjacent properties with similar trucking operations may likely need USRs. She added that there will be a
Road Maintenance Agreement so there are additional protections that the neighbors gain going through
this USR process.
Commissioner Wailes referred to USR-1274 for RV storage and added that there is very little record of
anything on that and asked if it is still in operation. Ms. Aungst said that she doubted that it is still active
and didn't see any RV storage on site upon her inspection.
The Chair asked if there are any changes to the Resolution. Ms. Aungst said that Staff is requesting
revisions to some of the Conditions of Approval and provided a memo outlining those requests. She added
that they are requesting a revision to Condition of Approval 1.D, 1.E.12, 1.E.13, and 1.E.14.
Motion: Amend Conditions of Approval 1.D, 1.E.12, 1.E.13 and 1.E.14, as recommended by Staff, Moved
by Michael Wailes, Seconded by Michael Palizzi. Motion carried unanimously.
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 USR24-0015 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 Michael Palizzi, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Barney Hammond, Cindy Beemer, Michael Palizzi, Michael Wailes.
No: Butch White, Michael Biwer.
Commissioner Hammond understands that they may be complying but he is concerned with several homes
in the area. He added that the county road isn't in the best shape for this operation.
Commissioner Biwer agreed with Staff on two of the three points mentioned. He does not believe it is
consistent with existing land use and it is unfortunate if there are others in the area that are using their
properties to park trucks that are not properly permitted, but in his opinion it doesn't reestablish land use
other than what it is intended for. He cited Section 23-2-220.A.3. He also agrees that the welfare, health,
safety and protection of the inhabitants of the neighborhood. He understands that it is not an urban
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neighborhood but it is still a neighborhood and doesn't believe that putting this operation in the middle of
such an area on 3.3 acres is consistent with the intent of the code.
Commissioner Palizzi cited Section 23-2-220.A.1 and added that there is existing oil and gas support in this
area. He cited Section 23-3-220.A.3 and said that there is an oil and gas support service business located
to the north and vehicle storage to the west. He added that they have heard there are vehicles on many of
these sites already. Mr. Palizzi cited Section 23-2-220.A.7 and said that they are following the design
guidelines by installing fencing and landscape and screening. He added that the variance has been made
for the access and is deemed safe by Staff. Mr. Palizzi stated that he believes it does fit the area and the
design standards.
Commissioner Wailes cited Section 23-2-220.A.1 and said he was concerned with the access point. He
added that pending the access point approval it looks like through conditions of approval it can be controlled.
He cited Section 23-2-220.A.3 and said that a lot of the mitigation can be handled through development
standards. Mr. Wailes said that there are numerous existing operations in the oil and gas industry in that
area and this use is allowed by a USR in the ag zone. Mr. Wailes cited Section 23-2-220.A.7 and said that
following the design standards the issues brought forward can be addressed through development
standards and conditions of approval.
Commissioner White said that he does not believe it complies with Section 23-2-220.A.3 and agrees with
Commissioner Biwer and added that just because the other properties out there doing the same thing he
doesn't believe it gives the applicants a pass to operate a trucking business as well. He cited Section 23-
2220.A._4 and_said_that -the_City-of_Evans- has -this in their -growth area -as-a rural -residential -area -and doesn't
find that to be consistent. Mr. White cited Section 23-2-220.A.7 and said he has a problem with the traffic,
the noise concerns, and the environmental concerns.
Case Number: USR24-0020
Applicant: Kenneth Everitt, do Verizon Wireless
Planner: Molly Wright
Request: A Site Specific Development Plan and Use by Special Review Permit for a 250 -
foot Telecommunication Antenna Tower outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Legal Description: Part of the W1/2 of Section 15, Township 10 North, Range 61 West of the 6th P.M.,
Weld County, Colorado.
Location: Approximately 110 feet north of County Road 390; approximately 1.5 miles west
of County Road 95.
Molly Wright, Planning Services, presented Case USR24-0020, reading the recommendation and
comments into the record. Ms. Wright noted that no correspondence or phone calls were received
regarding this application from surrounding property owners. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Pam Goss, Retherford Enterprises Inc., 7093 Siverhorn Drive, Evergreen, Colorado, stated that she
represents Verizon Wireless and the landowner. Ms. Goss stated that they are proposing a 250 -foot self-
supporting tower and walk in cabinet for ground equipment and exterior diesel generator on site. She
added that the tower will be capable of supporting multiple carriers.
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.
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Motion: Forward Case USR24-0020 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 Michael Biwer, Seconded by Cindy Beemer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes.
Case Number: USR24-0016
Applicant: Sunset Industrial, LLC
Planner: Diana Aungst
Request: A Site Specific Development Plan and Use by Special Review Permit for Open
Mining (sand and gravel) and processing of minerals, including the import and
export of materials to/from other sites, recycle crushing area, dry and wet screens,
crushers, conveyors and stacker, portable generators, mobile mining equipment
parking and storage, employee and vendor parking, a mine office/scale house, and
scale, in the 1-3 (Heavy Industrial) Zone District.
Legal Description: Lot 1 of Resubdivision, RES24-0001; being part of the W1/2 of Section 3,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to East 8th Street; approximately 670 feet east of Cherry
Avenue.
Diana Aungst, Planning Services, presented Case USR24-0016, reading the recommendation and
comments into the record. Ms. Aungst stated that that one (1) letter was received from a surrounding
property owner outlining concerns of increased traffic, noise, air pollution and the possibility of residential
wells going dry. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Commissioner Hammond asked if they will be required to have acceleration/deceleration (acel/decel) lanes
included in the Improvements Agreement. Ms. Aungst said that the applicant has been working very
diligently with the City of Greeley and added that Greeley has expressed concerns about the proposed
traffic. Ms. Aungst said that she has not seen a request for accel/decel lanes but perhaps the applicant
can shed more light on that.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light provided a brief summary of the noise modeling report
and added that the worst case predicted sound levels meet the Weld County industrial limit and the
residential limit is not met at all points in the USR boundary but it is met at the closest homes. Ms. Light
said that an Air Emissions Permit will be required and a Spill Prevention Control and Countermeasure Plan
will be provided on site.
JC York, J&T Consulting, 305 Denver Avenue, Ft. Lupton, Colorado, stated that he is representing Sunset
Industrial. Mr. York stated that they received the DRMS approval in April of 2023. He added that Phase 2
of the site will be located on the northern portion of the site, which is closest to the airport.
Mr. York said that 8th street will be used to go east/west to deliver products. A Traffic Study and site distance
evaluation has been completed. He added that pit traffic will not require any additional lanes and the site
distance is acceptable for the types of vehicles. They worked with Greeley on the siting of the access and
added that they did propose showing a left turn lane, but they are waiting for comments back from Greeley
regarding that proposal.
Mr. York stated that opaque fencing will be along the southern property and added that this will also help
with the noise attenuation.
Mr. York said that they have installed five (5) monitoring wells along the perimeter of the property and it
shows that there is no impact to the surrounding wells.
Commissioner Hammond referred to the plugged and abandoned wells and asked if the Stated provided
any comments. Mr. York said that there have been no comments received.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Michael Bliss, 2438 East 8'h Street, Greeley, Colorado, stated that Bliss Produce is directly south of this
project and expressed concern regarding the traffic on East 8th Street. He said that adding 200 trucks
without auxiliary lanes or reducing the speed limit is concerning. Mr. Bliss said that they are also concerned
with their water well and asked if this could be monitored as well. He added that they use that well for the
landscape for the rental housing. Mr. Bliss stated that he is also concerned with the noise and air pollution.
Mr. York said that they can certainly monitor Mr. Bliss's well. He added that they won't be dewatering this
pit.
Mr. York said that they did request a speed reduction to the City of Greeley on 8th Street; however, they
replied that it is not something that they would support at this time.
With regard to noise, they are installing an opaque screen so that should help. He added that because
they are located in the floodplain, they are limited to what they can do for screening.
Commissioner Hammond asked how long at night will they work. Mr. York said they work only during
daytime hours unless there is an emergency from the City of Greeley or Weld County. He added that they
would have to get approval from the Department of Planning Services prior to doing that.
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 USR24-0016 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 Cindy Beemer, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes.
Commissioner Beemer encouraged Staff to work with the City of Greeley to strongly encourage them to
take steps to make sure that East 8th Street is safe for traffic.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0018
Chad and Carie Smith, c/o Pivot Solar 65, LLC
Molly Wright
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Part of the NE1/2 of Section 15, Township 8 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
South of and adjacent to County Road 94; east of and adjacent to U.S. Highway
85.
Molly Wright, Planning Services, presented Case USR24-0018, reading the recommendation and
comments into the record. Ms. Wright noted that four (4) letters of opposition from surrounding property
owners were received outlining concerns of health concerns, property values, prairie dog mitigation, effects
of groundwater, effects of a hail storm on solar panels, increased temperature to surrounding properties,
and increased traffic. The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kyle Hockstad, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that the site is a dryland
farmland site. The project will be 8 megawatts and will be operational 20-40 years with Xcel Energy. They
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will first restore the prairie land and once vegetation is established it will be managed by a local Colorado
grazing partner. Grazing activities will be occurring from May to October annually.
Mr. Hockstad stated that they sent out letters and postcards to surrounding property owners and held a
community meeting with one (1) person in attendance. He added that the main concerns were aesthetics,
water, health safety, noise, temperature, facility maintenance standards and property values. Mr. Hockstad
said that they created a buffer to help with these concerns. He added that they also reduced the production
of this site to condense it and push it to the south to stay away from the northern residences. Additionally,
they will have vegetative and screening located on site as well.
Carle Smith, 15864 CR 94, Pierce, Colorado, stated that since 2019 this land has not been productive for
farming, therefore, they researched in depth on what they could do with their land. In 2022 they received
a flyer from Pivot Energy and decided to seek out more information to help supplement their income. They
understand change and know that no one wants to look at solar panels; therefore they made some revisions
to their original application to move away from residences.
Mr. Hockstad said that they understand the value of agriculture and have considered neighbor feedback by
condensing the project and moving it to the south. They believe this is a way to maximize the utility of this
land from a financial, energy and agricultural perspective.
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 USR24-0018 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 Michael Palizzi, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes.
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 3:47 p.m.
Respectfully submitted,
O
Kristine Ranslem
Secretary
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