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HomeMy WebLinkAbout20241891.tiffSummary of the Weld County Planning Commission Meeting Tuesday, April 2, 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 Vice -Chair Butch White, at 1:30 p.m. Roll Call. Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shona Morgan, Virginia Guderjahn, Barney Hammond. Absent: Elijah Hatch. Also Present: Chris Gathman, Diana Aungst, Molly right, and Maxwell Nadr, Department of Planning Services, Lauren Light, Department of Helth, Karin McDougal, County Atoney, and Kris Ranslem, Secretary. Motion: Approve the February 20, 2024 Weld County Planning Commission minutes, Mooed by Michael Wailes, Seconded by Shona Morgan. Motion passed unanimously. Case Number: Applicant: Planner: Request: Location: USR23-0045 PDC Energy, Inc., c/o Thistle Solar, 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 towns. in the A (Agricultural) Zone DisMct Lot D Recorded Exemption, RECX12-0003; being part of the S1/2 of Section 3, Township 3 North, Range 66 West of the 6�' P.M., Weld County, Colorado. North of and adjacent to County Road 36; east of and adjacent to County Road Molly Wright, Planning Services, presented Case USR23-0045, reading the recommendation and comments into the record. Ms. Wright noted that no phone calls or correspondence was received from surrounding property owners regarding this pplication. 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 and the on -site dust control plan. Kristy Weyerman, SunShare Community Solar, 1877 Seadrift Drive, Windsor Colorado, stated that this proposed project is for up to 3.5 megawatts on 13 acres. They system will be connecting to distribution lines that are already on the property. Ms. Weyerman stated that they will be installing some screening on the northeast and south sides of the property. Ms. Weyerman said these landowners do not have any water rights; therefore, they work with local sheep farmers to have sheep graze these sites it keep the site clean and clear of overgrowth vegetation and weeds. SunShare is planning to partner with researchers to conduct agrivoltaic studies on this site. Plots of land within the facility could be used as control groups to study various scenarios. The studies conducted at these sites could help in understanding solar on arid farmlands. Ms. Weyerman noted that she was in contact with surrounding property owners and held a community meeting for this site. She added that there were no concerns from surrounding property owners. Additionally, she noted that there was one gentleman that came to the community meeting with inquiries 0 wi rr u.n I e cch o S 1/l5/24 2024-1891 regarding dust from the traffic. Ms. Weyerman said that if dust is an issue, they will use water tankers to help dust mitigation during the dryweather. Ms. Mcgal stated that Commissioner Hammond is recused from this case as he previously worked for unshaDoure LLC. 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 USR23-0045 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 Michael Palizzi, Seconded by Virginia Guderjahn. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shona Morgan, Skip Holland, Virginia Guderjahn. Absent: Barney Hammond. Case Number. Applicant: RequesPlanner: t: Location: UR3-0047 Cornish Plains Livestock, LLLP, Go SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine Solar, LLC Chris Gathman A Site Specific Development Plan and Use by Special Review Permit fora Solar Energy Facility (SEF) in the A (Agricultural) Zone District. Part of the SE1/4 of Section 4, and part of the NE1/4 of Section 9, both in Township 6 North, Range 63 West of the 6TH P.M., Weld ounty, Colorado. West of and adjacent to State Highway 3\9 0.5 miles south of County Road 74. Commissioner Hammond is recused from this case as he previously worked for SunShare, LLC. Chris Gathman, Planning Services, presented Case USR23-0047, reading the recommendation and comments into the record. Mr. Gathman noted that no correspondence or phone calls have been received from surrounding property owners in regard to this application. Mr. Gathman requested the removal a Condition of Approval fora lighting plan. 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 and on - site dust control. Kristi Weyerman, SunShare Community Solar, 1877 Seadrift Drive, Windsor, Colorado, stated that the proposed project for the Oriole Solar site will be for up to 7.5 megawatts on approximately 31 acres. She added that the Starling & Porcupine solar projects will have up to 10 megawatts on 50 acres. She added that they will be connecting to the distribution lines already existing on the property. Ms. Weyerman stated that they held a community meeting at the Galeton Fire Station where one family member came, however, they did not have any concerns about these sites. She added that this land has no water rights and they will also work with local sheep farmers to have sheep graze these sites to keep the sites clean and clear of overgrowth vegetation and weeds. 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 Staffif they have any changes to the Resolution. Mr. Gathman requested the removal of Condition cf Approval 1.E in regard to the lighting plan since the applicant does not have lighting on site. Motion: Delete Condition i. Approval 1.E, 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 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 USR23-0047 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 Michael Wailes, Seconded by Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shona Morgan, Skip Holland, Virginia Guderjahn. Absent: Barney Hammond. Case Number: USR23-0042 Applicant: Michael lEt lter Farms, LLC, c/o Liberty Power Innovations, LLC Planner: Chris Gathman Request: A Site Specifc Development Plan and Use by Special Review Permit for an Oil and Gas Support Facility (Compressed Natural Gas (CNG) Station) in the A (Agricultural) Zone District. Lot B Amended Recorded Exemption, AMRE-4936; being part of the S1/2 S1/2 SW1/4 of Section 31, Township 5 North, Range 64 West of the 6. P.M., Weld County, Colorado. Location: East of and adjacent to County Road 49; north of and adjacent to County Road 50. Chris Gathman, Planning Services, presented Case USR23-0042, reading the recommendation and comments into the record. Mr. Gathman noted that Staff received a letter from a surrounding property owner which expressed frustration with oil and gas operations to the east and visual and noise issues of the oil and gas operations, He added that the property owners are concerned that the new proposed facility will have additional visual and noise impacts and are requesting that the applicant: 1) install walls, berms and trees to screen the property, 2) have truck traffic come from the east down County Road 50, 3) consider deeding some additional property to the west of the site to the neighbors so that they can mitigate the view with landscaping in this area, and 4) work to fix the well on their property to ensure that adequate water supply for the irrigation of landscaping their property from the facility could be accommodated or consider buying their property. Mr. Gathman stated that the applicants did meet with the property owners in February to discuss the proposed operation and added that the applicant stated that they are committed to options to reduce the view concerns and working with neighbors to schedule around their event center dates and adjusting traffic when feasible. Mr. Gathman noted that a number of conditions of approval are attached which require an emergency action and safety plan, a road maintenance agreement, and an amended landscaping and screening plan. The development standards and conditions of approval will assist in mitigating the impacts of the facility on the adjacent properties and address compatibility. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Commissioner Hammond asked if there are any lighting requirements. Mr. Gathman noted that there is a condition of approval that a revised lighting plan be submitted to address the shielding and downcast of lighting. Commissioner Wailes referred to the comment that a letterwas submitted by a surrounding property owner; however, he noted that he was not able to find it in the system. Staff provided hard copies of the letter to the Planning Commissioners. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, noise standards, Air Permit and the Waste Handling Plan. Richard Bradsby, 1020 Zang Street, Golden, Colorado, stated that Liberty Power Innovations is a subsidiary of Liberty Energy which has been known in Weld County as Liberty Oilfield Services. Liberty Oilfield Services commenced operations in the DJ Basin in 2013 and their business is to provide „Liberty for oil and gas development. Mr. Bradsby said that the reason they are seeking a site to develop compressed natural gas is related to the ongoing technological improvements in providing fracing services to the oil and gas community. He added that 10 years ago the primary fuel for operating pumps that provide hydraulic fracing was diesel and through a progression over the last decade, we have started to slowly displace diesel with natural gas. In 2016 Liberty pioneered a quiet fleet which is a combination of dual fuel fleet that consumes both diesel and natural gas along with a tremendous amount of sound mitigation around these pumps. Mr. Bradsby stated that the next phase in evolution in technology is deploying fleets that will eliminate the use of diesel completely but to do that they need compressed natural gas to be able to deliver to sites that otherwise doesn't have access to that fuel. Commissioner Hammond asked if there is any reason why this facility can't be moved farther north to the adjacent property. Mr. Bradsby said that the facility is proposed to be on the northern part of the Boulter Farms property so they did move it as far north as they could. Commissioner Edens asked if trucking will be 24/7. Mr. Bradsby said that it will run 24/7 and added that at full capacity activity level there will be approximately two (2) trucks per hour or 45 to 50 trucks per day. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Virtus and Amy Banowetz, 24081 CR 50, LaSalle, Colorado. Ms. Banowetz said that the applicants have been really good and they appreciate their willingness to work with them. Ms. Banowetz said that they want to know that there are things in place so the mitigation that the applicants are committed to will actually be followed through with. Mr. Banowetz said that they want to make sure that Liberty will adhere to what they have committed to for mitigation. The Chair asked if they have seen the applicant's design standards and if they are happy with it. Ms. Banowetz said the truck traffic is crazy but they have committed to walls on County Road 50 so they just want to make sure that they do what they are committed to. Commissioner Morgan asked to clarify that any agreement between the landowner and neighbor the county can't enforce. She asked if there is anything in the development standards that has been added because of those meetings. Mr. Gathman said he is not sure of what specifics have been agreed to and has not received the letter that the applicant and landowner have agreed to. He added that there area number of development standards that the applicant is required to put the berming and landscaping in and also need to meet the noise standards. These improvements are required to be in place prior to operation of the facility. Mr. Bradsby said that they only leased the land in the permit area which is east of Banowetz. They have no plans to do anything directly north of Banowetz, on the western portion of the subject property. He added that lighting is limited on site and will only be above door height and pointed downwrd. He added that they are committed to adhere to the noise standards as stated. The Chair asked the applicant if they havet 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 USR23-0042 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 Virginia Guderjahn, Seconded by Barney Hammond. Vote: Motion carried by unanimous roll caIl vote (summary: Yes = 8). Yes: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shona Morgan, Skip Holland, Virginia Guderjahn. Commissioner Morgan said that she would like to see the County look at these types of facilities as being required to have a change of zone to commercial like we have done with the RV storage because of the impacts to neighbors. She added that we need to look at this before they start in a more global sense. Commissioner Hammond reinstated the importance of continuing to work with the neighbors there. He encouraged them to work with the neighbors regarding truck traffic and noise. The Chair called a recess at 2:58 p.m. and reconvened the hearing at 3:10 p.m. Case Number: Apicant: Planner: Request: Legal Description: Location: COZ23-0005 Robert L. Seltzer Family, LLC Diana Aungst Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone Distrct. Lot B Lot Line Adjustment, LLA21-0033; being part of the S1/2 of Section 34, Township 1 North, Range 67 West of the 6o' P.M., Weld County, Colorado. East of and adjacent to County Road 19; north of and adjacent to County Road 2. Diana Aungst, Planning Services, presented Case CO.3-0005, reading the recommendation and comments into the record. Ms. Aungst noted that Staff received four (4) letters from surrounding property owners with objections to this application. She added that one (1) of the surrounding property owners is within 500 -feet of the subject property, while the other three (3) letters are outside the buffer zone. The letters outlined concerns regarding property values, agricultural way of living, lack of existing infrastructure, removal of land from agricultural uses, increased traffic, and eroding of the integrity of the residential and agricultural community. Ms. Aungst noted that a letter of support was received this morning from the owner of the property on the northwest corner of County Roads 19 and 2. 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. Bob Choate, Coan, Payton & Payne, LLC, 1711 61st Ave, Greeley, stated that he is representing the Robert L. Seltzer, LLC family. Mr. Choate said that this property is located directly adjacent to County Road 2 and County Road 19. He added that this property is located within the Weld County Opportunity Zone and this is a preferred place fora rezone to commercial or industrial. Mr. Choate said that this is a growing and developing area. He added that the future land use plan for Adams County is low -density residential, which is six (6) units per acre. Mr. Choate said that it is important to recognize that all this property is developing and added that his team has been in conversations with the developer and are expecting about 2200 new units in this blank area. He said the reason there is so much development is because Todd Creek Water supplies water to the area and added that they expect to have sewer in two years, therefore, they believe this property will have water and sewer for development in 18 to 24 months. He referred to the surrounding property letters that were submitted and understands that they want to protect their way of life; however, there is infrastructure to support the additional development. Commissioner Wailes clared if that property is expected to have sewer. Mr. Choate said sewer would become available to this property. 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 ageement. Motion: Forward Case COZ23-0005 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 Michael Palizzi. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shona Morgan, Skip Holland, Virginia Guderjahn. Case Numer: Presented by: Request: Ordinance 0404 Max NaderElizabeth Relford In the Matter of Repealing and Reenacting with Amenments, Chapter 3 Zoning of the Weld County Code (Accessory Dwelling Units and R-1 Revisions). Maxwell Nader, Planning Services, presented Ordinance 2024-04 relating to Accessory Dwelling Units and R-1 revisions. Mr. Nader said that the purpose of this Ordinance is to revise several sections of Chapter 23 of the Weld County Code and added that certain changes are minor clean up items, while other changes bring Weld County Code into compliance with HB24-1007, which is related to residential occupancy limits and H824-1152 is related to accessory dwelling units. Mr. Nader said that one (1) letter was received from the Town of Berthoud with general concerns on the ability to allow cargo containers and noncommerical junkyards in the R-1 zone district. r. Nader provided a brief description of the changes which would replace auxiliary quarters and second single-family homes with the term "accessory dwelling units' which would not require a zoning permit or USR, but would be allowed by building permit in the A (Agricultural), R-1 (Single Family Residential), R-2 (Duplex Residential) and R-5 (Manufacture Home Residential) zone districts, as long as it complies with the revised regulations in Section 23-4-600 of the County Code. This Ordinance also eliminates the current limit on the number of unrelated occupants within a dwelling unit. With this change, the definitions of family, foster care home, and living unit are unnecessary. Mr. Nader stated that the other provisions of this Ordinance are particular to the R-1 zone district and include the following: 1) allow one cargo container per lot as long as it is screened by a fence from adjacent properties and public rights -of -way, 2) allow property owners to store belongings outdoors (noncommercial junkyard), as long as they are screened, and 3) allow the lot to have more than the number of animal units allowed by right if a use by special review is approved. The Department of Planning Services recommends approval of Ordinance 2024-04. Commissioner Edens didn't understand the reason to have screening around a container and asked staff to clarify. Mr. Nader said it is required to screen cargo containers in an agricultural subdivision, as well as noncommercial junkyards. Commissioner Guderjahn referred to the letter from the Town of Berthoud and added that she didn't see anything in the proposed changes where storage containers were allowed to be used for occupancy. Mr. Nader said that if a storage container were to be used for occupancy, it would have to go through the Building Department for review and approval. Commissioner Wailes asked if there will be any properties that would become out of compliance with these proposes changes. Mr. Nader replied that these proposed changes are actually bringing several properties into compliance. Commissioner Edens asked if a site is large enough for an accessory dwelling unit and an additional shop if that would be allowed. Mr. Nader said that the accessory building is different than accessory dwelling unit and you may have that. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mary Rose Cullen, 13617 Elmore Road, stated that it seems to have eliminated R-1 zoning with septic. Mr. Nader said that currently R-1 zoning requires public water and sewer. Ms. Cullen said that there is a lot of R-1 zoning with septic that this will eliminate that. Mr. Nader noted that currently in the R-1 zoning you cannot have secondary living quarters; however, with these proposed changes you can have that ability if you have public water and sewer. Barbara Flores, 2545 Cherry Ave, asked to clarify if there is a At size requirement in order to have an additional dwelling unit. Mr. Nader replied that in residential zone district there is no lot size requirement but in the agricultural zone district it requires 2.5 acres on well water and 1 acre on public water. Nancy Weber, 1511 East 241° Street, Greeley, Colorado, questioned how this might apply if you have a large property from a recorded exemption that would have a septic system. She added that she has 30 plus acres and is designated R-1 even though they are an agricultural operation. Mr. Nader said if you are zoned R-1 you would be required to have public water and sewer in order to be allowed to have an accessory dwelling unit. Ms. Weber said that there are properties out there that are agricultural properties in this R-1 designation and this design would be very restrictive as you can't add an accessory dwelling. Jeff Smith, 1115 East 20. Street, asked if the proposed changes are on the website to review. Mr. Nader replied yes. Mr. Smith said that with modifying the R-1 zone district can it be modified again and come back to haunt them. He added that their community was zoned estate and then changed to R-1 without anyone knowing. The Chair said that we are making changes to come into compliance with a couple of new state laws and also hopefully make the citizens lives easier. Mr. Nader added that these R-1 changes were already in process for cleanup and then to add the accessory dwelling units and definitions because of the House Bills. He added that there have been some recent public conversations related to certain residentially zoned properties that they did hear on whether we should allow other accessory uses such as noncommercial junkyards and cargo containers as long as they are screened. Mr. Smith said that last year there was a resident who had filed 170 violations against them and added that they have gone through various steps to find out what their options are and the options seem to be changing faster than they can process it. Mr. Smith said that they just want to know what their options are. Mr. Nader said that there was a comment related to changes occurring in the future and how they will know about them. He added that the code can always change; however, everyone in the R-1 zone district was notified of these proposed code changes. Rafael Andrade, 1613 Elder Avenue, Greeley, Colorado, stated that there area group of citizens that are having issues with R-1 and Agricultural zoning. He said that they would like to know if there is a mechanism that will let them know when their issues are being talked about. He added that he sat here today thinking that the Planning Commission was going to talk about the issues specific to their site. Mr. Andrade said that he received an email that R-1 zoning was going to be talked about but the discussion today is not specific to their area. He has put his phone number down at every meeting and asked if anything is going to happen with the stuff that is going on in their area specific to their situation he wants to be advised of that so he can choose whether to take time off of work. Karin McDougal, County Attorney, stated that she is not sure what email he received that he is referring to. Mr. Andrade said he didn't receive the email from Staff or the Planning Commission. Ms. McDougal said when it comes to individual property right issues you need to talk to planning staff about your individual lot and how it needs to be dealt with because there is not a blanket answer for everyone. She added that these code changes are trying to address some of the issues in the R-1 zone that they have heard from your group and added that it will not address every violation or complaint that has been out there but it is affecting your area you are speaking about because most of those properties are zoned R-1. Ms. McDougal said that these changes make affect your property and may not but you are zoned R-1 so it is our duty to give you notice. She said that she isn't sure what is in the email that Mr. Andrade received but there was no email that went out from Weld County Staff that said they were addressing the concerns of East Greeley. Mr. Andrade asked if a mechanism can be put in place that if it is going to be specific to East Greeley that they can be notified. Ms. McDougal said it iWei a possibility if we are going to address something Tire= pecifically about the East Greeley community then we will give notice to the East Greeley community just like we did • previously with the East Greeley community. Mr. Nader added that there are three (3) County Commissioner readings on this ordinance. Mickey Yarmer, 713 East 19th Street Road, asked what the State changes staff is working on that impacted the change to the R-1 zone district and does that impact everyone in the city and county. Mr. Nader said that one House Bill is related to clarifying our definitions as it comes from affordable housing by the State's direction. House Bill 24-1007 removes definitions to clarify the definitions of family, foster care home, living unit and removing these would remove the number of unrelated residents in a dwelling unit. Currently in the Weld County Code you can only have four unrelated people living in one dwelling and these changes are removing that. House Bill 24-1152 is in regard to accessory dwelling units, which is streamlining the process to allow it to make is simpler for folks to get an accessory dwelling on their property for the sake of affordable housing. He added that any zoning that allows a residence now will be allowed to do this along with certain requirements like the public water and sewer far residential zones. Commissioner Wailes stated that these changes are just for inside the County and does not include any municipalities. Mr. Nader added that local jurisdictions and municipalities will have to adopt these changes on their own. Commissioner Wailes referred to Section 23-4-600.J and commented that it is a little confusing. He suggested maybe adding "where an agricultural zoned lot is not served". Mr. Nader clarified if it is to further clarify Item J. Mr. Wailes replied yes. Commission Edens can't understand if someone is on 3 to 5 acres or more why they cannot have a septic system if they are zoned R-1. Mr. Nader said that if you are zoned R-1 and it is 3 acres and there is an existing home on septic we are not saying that you have to have public sewer; however, if you wanted to do improvements on your property for an accessory dwelling unit you would have to get public sewer because that is the intent of the R-1 zone district. He added that currently you dont have that option of having an accessory dwelling unit so with these changes this allows for the ability to have it but you still have to meet certain requirements within the R-1 zone dstrict. Motion: Forward Ordinance 2024-04 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Shona Morgan, Seconded by Virginia Guderjahn. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shona Morgan, Skip Holland, Virginia Guderjahn. Commissioner Edens said that she would like to see some changes to the septic requirements in the R-1 zone district so that it can be allowed if their property is large enough. 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 4:28 p.m. Respectfully submitted, Kristine Ranslem Secretary Hello