HomeMy WebLinkAbout20241892.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, May 7, 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
Elijah Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Michael Palizzi, Virginia Guderjahn, Barney Hammond.
Absent: Butch White, Michael Wailes, Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader, and Molly Wright, Department of
Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the April 2, 2024 Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Barney Hammond. Motion passed unanimously.
Case Number: COZ24-0001
Applicant: Moore Real Property, LLC
Planner: Chris Gathman
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
Lots 1 and 2 of Resubdivision RES21-0008 bein art of the W1/4 SW1/4 of
Legal Description: g
Section 10, Township 5 North, Range 65 West of the 6th P. M., Weld County,
Colorado.
Location: East of and adjacent to Cherry Avenue; approximately 220 feet north of East 20.
Street.
Chris Gathman, Planning Services, presented Case COZ24-0001, reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter in objection was received expressing
concerns that the property owner bought the property because he wanted R-1 zoning and added that the
area has developed into a strong residential area. Additionally, the letter stated that they object to spot
zoning. Mr. Gathman stated that there is a mix of residential and agricultural uses located within the R-1
zoning in this area. He added that Staff added conditions to address the partially collapsed structure and
vehicles that are parked on Lots 1 and 2 to bring it into compliance with the zoning. The Department of
Planning Services recommends approval of this application along with conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
[Pam Edens entered the hearing at 1:40 p.m.]
Derek and Babaft Moore, 501E 27. Street, Greeley, Colorado. Mr. Moore provided a history of these
properties after they purchased the property in June of 2021. Both properties were advertised agricultural
and are taxed as agricultural land; therefore they weren't aware it was zoned R-1 and they would like to
change the zoning to agricultural. Mr. Moore described the process that they have went through to bring
the properties into compliance regarding the MS4 area and the construction of the building that partially
collapsed due to poor construction. He added that they are currently in litigation with the builders because
of the deficiencies in the construction and cannot move forward with the removal or construction until
litigation has been completed. Mr. Moore referred to two properties that are in the vicinity of Bello Romero
that were recently rezoned from R-1 to Agricultural and R-1 to C-3. Mr. Moore requested approval of their
application to rezone their properties to agricultural.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Comm u_nt cab onS
145/7-
2024-1892
Barbara Flores, 2045 CherryAvenue, stated that she didn't receive notice about this application. Ms. Flores
provided pictures of the partially collapsed building for the record and stated that these are the current
conditions of the property. She added that if the property is rezoned before it is cleaned up is premature.
Ms. Flores stated that the collapsed building has been there for months and it is an eye sore for the
community.
Ron Richardson, 1321 East 20t° Street, Greeley, Colorado, stated that he supports the change of zone
because they sold the property to Mr. Moore believing it was zoned agricultural and had no idea it was
changed some time ago.
The Chair asked how long he owned the property. Mr. Richardson said his parents lived there for 60 years
and didn't recall that it was rezoned.
Mario Euresti, 1331 East 20. Street, stated that he supports Mr. Moore and added that Mr. Moore has gone
the extra mile to comply with all the requirements. He expressed concern that the Planning Department
needs to be more consistent in what they are telling people.
John Gaa, 1940 Chestnut Avenue, stated that he is opposed to this change of zone. Mr. Gaa said that
there are no positives to changing the zone for these properties. He added that he doesn't believe it should
change because it is close to the Bella Romero School and is opposed to the potential uses that could be
permitted under the agricultural zoning.
The Chair asked the applicant if they have any responses to the comments made. Mr. Moore stated that
garage is 4000 square feet to house the cars on site.
Commissioner Guderjahn referred tr July 2022 when the Building Department issued a stop work order
and asked what the deficiencies were. Mr. Moore said foundation and 254 pages of multiple deficiencies.
Commissioner Edens asked if litigation is ongoing. Mr. Moore said that they have mediation next week and
if it doesn't get done at mediation then they will be court in August. Mr. Moore said he hasn't cleaned it up
because he has been accused of things that aren't done so he has left it there.
Commissioner Holland asked what caused the collapse. Mr. Moore said that there were multiple
deficiencies in the construction of the building such as the builder did not build according to the design
plans, wrong materials were used, the foundation was not done right and the building was not braced
properly.
Commissioner Palizzi asked to speak to the history of the zoning of the area. Mr. Gathman said that the
original zoning was Delta Zoning in 1962 and then it became Estate and then the old Estate became R-1.
He added that it was never agriculturally zoned.
In response to Commissioner Hatch's inquiry about what Delta zoning is, Max Nader, Planning Services,
stated that Delta zoning was a way to establish zoning, which was like Residential at that time and then
Estate and then back to Residential. He added that it was never zoned agricultural in this location.
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 COZ24-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Skip Holland, Virginia Guderjahn.
Case Number: COZ24-0003
Applicant: Shawn & Buffi Elliott
Chris Gathman, Planning Services, presented Case COZ24-0003, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicants are in violation due to exceeding the
number of animal units with the R-1 zoning. He added that the applicant has provided letters of support
from adjacent landowners, the Principal of Bella Romero School and a Girl Scout Troop. Two letters were
received in opposition due to odors from the property, spot zoning and the location ha
proximity to the shool.
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Commissioner Holland referred to a picture that had an irrigation ditch and asked if there was any irrigation
water available. Mr. Gathman said that there is a ditch on Cherry Avenue and added that he isn't aware if
it is under the maintenance of a ditch company.
Commissioner Hatch asked if any of the buildings on site are permitted as agricultural buildings. Mr.
Gathman stated that the private arena is permitted through the county but some of the other buildings are
older.
Shawn Elliott, 1308 East 20'° Street, stated that he moved to the property 20 years ago. Mr. Elliott referred
to the question regarding irrigation water and said that he does own a share of water and has watered the
property far 0 years and added that it is an active ditch. He added that they got permits to build all of the
buildings and have an indoor arena to have a private riding arena. Mr. Elliott said that they have llamas
and goats at the front of the property and the kids from the school stop there all the time. They have
adequate fences and the animals are not mean so the kids can't get hurt.
Commissioner Holland asked how they manage the animal waste. Mr. Elliott said that they pile it up and it
gets hauled off every other month. Commissioner Hatch asked if the property and buildings existed before
the school. Mr. Elliott said some of the buildings were there prior to the school. Mr. Hatch asked if the use
of the property been changed since the school has been there. Mr. Elliott said that there has been no
change and added that there is an old brick building on stie that has horse stalls.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Derek Moore, 501 East 27th Street, stated that he owns the property across the street and assumed Mr.
Elliott's property was a petting zoo and added that it was one of the things that drew him to the area. M.
Moore stated that he is in support of the change of zone.
Barbara Flores, 2425 Cherry Avenue, stated that she lives directly west of this property and it has always
been used as agriculture and is clean. She added that there is no odor and has always enjoyed the animals.
Ms. Flores said that he irrigates the pasture and sees no reason it shouldn't be agriculturally zoned.
Ron Richardson, 1321 East 20th Street, provided a letter for the record from Dr. Shirley Smithson in support.
Mr. Richardson said that he has lived in the neighborhood for 74 years and there has always been horses
and livestock on the subject property. He added that Mr. Elliott's property has been a good addition to the
neighborhood.
Mario Euresti, 1321 East 2'" Stret, stated that he has lived there for seven years and added that part of
the reason is because of M. Elliot's petting zoo. Mr. tau said that kids Icok forward to the animals that
are there and added that he couldn't ask fora better neighbor and keeps his property very clean.
The Chasked the applicant if they had any mare they wished to add. Mr. Elliott replied that he has
nothing fuair rther to add.
Karin McDougal, County attorney, wished to clarify that according to county records, this area was never
zoned agricultural.
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 ageement.
Motion: Forward Case COZ24-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Palizzi,
Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi Pamela Edens Skip Holland, Virginia Guderjahn.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0007
Tiriel and Brenda Bassett
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a
Campground (up to three [31 spaces for tiny home '., outside of subdivisions
and historic townsites in the A (Agricultural) Zone District.
Lots A and B of Recorded Exemption RE -2096; being part of the SE,. of Section
27, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado.
West of and adjacent to County Road 21; approximately 600 feet north of County
Road 28.
Diana Aungst, Planning Services, presented Case USR24-0007, reading the recommendation and
comments into the record. Ms. Aungst stated that no written correspondence or telephone calls were
received from surrounding property owners regarding this application. The Department of Planning
Services recommends approval of this application along with conditions of approval and development
standards.
Commissioner Palizzi referred to the application where guests may stay no more than 12 months; however
Staff recommends six (6) month and asked if they are allowed to extend past six months. Ms. Aungst said
that the County Code defines temporary use as six (6) months so there is a condition of approval and a
development standard in the Resolution that people can only stay there for six (6) months. She added that
it is hard to enforce and Staff would have to receive a complaint and then they would have to validate the
complaint.
Commissioner Palizzi asked why the drainage narrative did not meet the requirements. Mike McRoberts,
Planning Services, stated that there are 14 defined exceptions to stormwater detention in the code. He
said that the applicants had brought in over 6000 square feet of recycled asphalt which is considered 75
impervious and the exception that they were requesting didn't take that into account. Mr. McRoberts stated
that he has been talking with the applicant's engineer and they are looking at the possibility of either
changing the surface or looking at some of the other exceptions.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Tiriel and Brenda Bassett, 13141 CR 21, Platteville, Colorado. Ms. Bassett stated that they purchased the
property four (4) years ago. She said that they are proposing three (3) tiny house sites with utilities to each
one. She said that during covid they found a niche within the traveling and medical professional community
and added that it provides their family a small income.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Bassett requested to change the length of stay for the campground to 12 months due to the traveling
medical professionals who have different time spans that they come to stay. Karin McDougal, County
Attorney, stated that she agrees with the Planning Department that the campground is a temporary use and
temporary is defined in the County Code as six (6) months so she doesn't believe it can be waived. Ms.
Aungst stated that the public is not supposed to live in an RV so in order to enforce that temporary section
in the code, Staff is asking for six (6) months.
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 USR24-0007 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 Skip Holland, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Skip Holland, Virginia Guderjahn.
The Chair called a recess at 3:00 p.m. and reconvened the hearing at 3:05 p.m.
The Chair noted that Commissioner Holland needed to leave; however, there is still a quorum available.
Case Number:
Applicant:
Planner.
Request:
Legal Description:
Location:
UR40005
Peters 313 Ranch, Inc., Go Rockies Express Pipeline, LLC
Molly Wright
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (compressor station)outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Lot B Recorded Exemption, RECX12-0092; Being part of the NW1/4, the W1/2
NE1/4 and the SE1/4; and another lot being a part of the SE1/4 all in Section 26,
Township 12 North, Range 63 West of the 6th P.M., Weld County, olorado.
North of and adjacent to County Road 136; west of and adjacent to County Road
71.
Molly Wright, Planning Services, presented Case USR24-0005, reading the recommendation and
comments into the record. Ms. Wright noted that no written correspondence or telephone calls were
received from surrounding property owners regarding this application. 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.
Shawn Bates, 370 Van Gordon Street, Lakewood, Colorado, stated that this project is specific to their
Rockies Express Pipeline and is 42 inches in diameter. He said it when it was originally built it carried gas
west to east; however it is now bi-directional. Mr. Bates said that they are proposing two (2) new
compressor stations because of the operating pressure the Trailblazer Pipeline runs is at a lower pressure
and in order to get into the Rockies Express Pipeline at a higher pressure they need to run through the
compressor in an effort to get that gas into the system.
Mr. Bates said that during construction there will be approximately 100 employees on site. The facility will
be unmanned during operation, with occasional visits for maintenance and routine monitoring. The facility
will be remotely moitored.
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 USR24-0005 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 Barney Hammond, Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Virginia Guderjahn.
Case Number:
Applicant:
Planner.
Request:
Legal Description:
Location:
UR2-0003
Hutton4 Family Trust, do K -La Construction, LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review for Oil and Gas
Site and Service, including a 3750 square foot storage and equipment
maintenance building for company vehicles only, screened outdoor storage of
company vehicles, company equipment and materials associated with oil and gas
operations and one double walled fueling station, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption REtittf 001; being part of the County,
of Section
32, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 86; approximately 975 feet west of County
Road 41.
Kim Ogle, Planning Services, presented Case USR24-0003, reading the recommendation and comments
into the record. Mr. Ogle noted that no written correspondence or telephone calls were received from
surrounding property owners regarding this application. 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.
Bob Choate, 1711 61. Avenue, Greeley, Colorado, stated that the Hutton's own K -La Construction and
have expanded into Weld County. He added that they are primarily based on the western slope and have
moved into the DJ Basin in Weld County. Mr. Choate stated that the applicant will obtain all the necessary
permits and intends to comply with the Weld County Code.
In response to Commissioner Hammond's inquiry, Mr. Ogle stated that there will be screening on the west,
south and east sides of the property. Mr. Hammond asked if the wall at the fueling station will be concrete.
James Hutton, 1273 0'/: Road, Lome, Colorado said it would have its own containment.
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 had anything they would like to add. Mr. Choate requested to amend
Condition of Approval 1.G.10 by deleting the last sentence as he believes it is an extra sentence. Mr. Ogle
is in support of that request.
Motion: Amend Condition of Approval 1.G.10 by removing the last sentence "The western portion of the
road is maintained by Weld ounty", Moved by Michael Palizzi, Seconded by Virginia Guderjahn. 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 USR24-0003 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 Barney Hammond Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Virginia Guderjahn.
Case Number: USR24-0009
Applicant: United Power Inc., c/o Mountain Peak Power, LLC
Planner. Maxwell Nader
Request: A Site Specific Development Plan and Use by Special Review Permit fora 1041
Major Facility of a Public Utility or Public Agency for 165 MW Peaker Power Plant
with six (6) combustion turbine generators, 69kV switchyard and ancillary
equipment associated with facility operations utilized for energy generation outside
of subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Being part of the SEV4 of Section 9, Township 2 North, Range 64 West of the 6th
P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 55; approximately one mile north of County
Road 20.
Maxwell Nader, Planning Services, presented Case USR24-0009, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards. Mr. Nader noted that Staff is requesting
changes to the Planning Commission Resolution.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
John Baylor, Senior Vice President of Development for Kindle Energy, 500 Alexander Park Drive, Princeton,
New Jersey, stated that Kindle Energy is the owner/operator owned by Blackstone Group. Mr. Baylor said
that they are working with United Power and will be leasing this land from them and constructing a 165
megawatt plant. He added that this project is a reliability solution for United Power. The peaker project is
a project that operates intermittently and pair very well with removals the operate intermittently and turn on
or off when needed or in times of high demand. Project construction will begin in August 2024 and will be
constructed by June 2025.
Tom Flexon, Project Manager, 500 Alexander Park Drve, Princeton, New Jersey, stated that Mountain
Peak is expected to achieve commercial operation on June r1 2025 and will exclusively serve reliable
electricity to United Power Members. The six natural gas units will be electrically interconnected to United
Power's 69kV substation and their distribution grid. For natural gas service, Mountain Peak will have an 8 -
inch diameter lateral that connects to the 24 -inch pipeline owned by Colorado Interstate Gas. Mountain
Peak and United Power have entered into a 30 -year lease agreement.
Shawn Donovan, Environmental Director, 500 Alexander Park, Drive, Princeton, New Jersey, stated that a
full permitting matrix was included with the 1041 USR application. Mr. Donovan stated that they have
submitted the necessary permit applications with federal and state regulatory agencies as well as with Weld
County on various other ancillary permits including the grading, building and access permits.
John Howard, Vice President of Development Engineering and Construction, 500 Alexander Park Drive,
Princeton, New Jersey, provided description of the layout of the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Matt Canterbury, Keenesburg Town Manager, 91 West Broadway Avenue, Keensburg, Colorado, stated
that Mountain Peak has gone out of their way to communicate this project with Town Staff. He added that
they are also in conversations with United Power to negotiate a pre -annexation agreement.
The Chair asked Staff if they had any changes to the conditions of approval or development standards. Mr.
Nader provided a memorandum of the requested changes which include adding sections for Prior to
Construction, During Construction and Prior to Operation.
Motion: Accept the Staff Memorandum including changes to the Planning Commission Resolution, Moved
by Virginia Gudejahn, Seconded by Michael Palizzi. Motion carried unnimously.
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 USR24-0009 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 Virginia Guderjahn, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Virginia Guderjahn.
Case Number: Revised Ordinance 2024-04
Presented by: Max Nader/Elizabeth Relford
Request: In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (Accessory Dwelling Units and R-1 Revisions).
Max Nader, Planning Services, stated that the Board of County Commissioners had a worksession on April
29.2024 regarding changes to Article V of Chapter 24 for the County Oil and Gas Regulations and it was
decided to have the Oil and Gas Energy Department process applications for Class II injection wells. These
wells are used exclusively to inject fluids associated with oil and natural gas production and are currently
under the definition of the oil and gas support and service in Chapter 23. These wellsort
will now be added to
Article V Chapter 21 to be processed by the Oil and Gas Energy Department as part of the 1041 WOGOLA
process. Mr. Nader noted that this Ordinance includes the rewording in Section 23-4-600.J which was
requested by Planning Commission on April 2, 2024.
Commissioner Edens clarified if Class I will remain. Mr. Nader replied yes and added that Class I injection
wells are used to inject hazardous and nonhazardous materials.
Commissioner Palizzi asked how many Class II wells does Weld County have. Kim Ogle, Planning
Services, stated that there are about 30 of them.
Elizabeth Relford, Planning Services, stated that they are bringing this to the Planning Commission because
Section 23-2-100 says any changes to Chapter 23 comes before you for review. She added that since they
were already doing a Chapter 23 update they are including this change into this Ordinance that is already
in process.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2024-04 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Virginia Guderjahn, Seconded by Barney
Hmmond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Elijah Hatch, Michael Palizzi, Pamela Edens, Virginia Guderjahn.
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 4:20 p.m.
Respectfully submitted,
45\i661., Anatzin.
Kristine Ranslem
Secretary
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