HomeMy WebLinkAbout20230497.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, February 7, 2023
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 1:33 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan.
Absent: Sam Gluck
Also Present: Kim Ogle and Maxwell Nader, Department of Planning Services; Lauren Light, Department
of Environmental Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the January 3, 2023, Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Michael Palizzi. Motion passed unanimously.
Case Number: USR22-0031
Applicant Brenda Hart
Planner: Maxwell Nader
Request: A Site Specific Development Plan and Use by Special Review Permit for a Kennel
(cat rescue shelter) in the A (Agricultural) Zone District.
Legal Description: Lot 5, Block 22 of Aristocrat Ranchettes Inc. Subdivision; being part of Section 27,
Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to Caroline Avenue; east of and adjacent to Henry Street.
Maxwell Nader, Planning Services, presented Case USR22-0031, reading the recommendation and
comments into the record. Staff sent notice to 52 surrounding property owners within 500 feet. No
correspondence, emails or phone calls were received regarding the proposed application. Staff received 7
letters of support for the proposal with the initial submittal. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
The Chair asked staff why this property is in violation. Staff responded the violation is due to the property
operating without the proper permit.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Brenda Hart, 15607 Caroline Avenue, Fort Lupton, Colorado. Ms. Hart has been trapping feral cats in
Aristocrat for about 8 years. She trapped approximately 500 feral cats in Aristocrat. The cats are spayed
or neutered and then returned back to their home. Ms. Hart said she has 8 cats of her own. She has kept
the 8 cats because they have continued health problems and they are tamed.
Commissioner Holland thanked Ms. Hart for what she does. He stated that feral cats are a big issue and
wondered what Ms. Hart's overall goal is. Ms. Hart responded that what she does helps individual property
owners by having the feral cats spayed and neutered. She explained it stops cat reproduction and prevents
fighting amongst the cats.
The Chair asked Ms. Hart if all 500 of the cats she has trapped have been spayed or neutered. She replied
they all have. Mr. Hatch asked Ms. Hart what the average litter for a cat is. Ms. Hart responded that a litter
can range between 2 to 6 kittens. A female cat can start having litters at 6 months of age and they can
have 3 litters a year.
Ms Hart explained that the trapped cats are taken to the clinic where they receive medical care. After their
medical care, the caged cats stay in her painting studio until she takes them back to their owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Debra Carpenter, 15647 Caroline Avenue, Fort Lupton, Colorado. Ms. Carpenter said that Mr. Nader
reported that there was not any correspondence received besides the 7 letters of support. Ms. Carpenter
stated that she received a letter from Ms. Hart that asked if neighbors were in support of the rescue, to sign
and return the letter to her. Ms. Carpenter said she wrote a 4 -page document with questions and comments
that she had regarding the rescue. She put her document in Ms. Hart's mailbox but said it obviously didn't
get turned in. Ms. Carpenter requested her document be on the record. She said she would like to see
documentation from Ms. Hart that proves 500 cats have been helped. Ms. Carpenter said she has lived in
Aristocrat for 25 years and she has never seen 600 feral cats.
Ms. Carpenter said the Ms. Hart has feeding stations around the neighborhood which bring a lot of cats to
those locations. She said that a lot of people have feral cats to keep mice and other animals away. Ms.
Carpenter wants to know how Ms. Hart knows the cats don't belong to somebody before she traps them.
Ms. Carpenter asked if all the building and the paint studio on Ms. Hart's property are permitted.
Ms. Hart said she has documentation for the 500 cats she has helped. She does not trap random cats.
Ms. Hart is invited onto a property where the owners want to have their feral cats trapped to be
spayed/neutered. She said her art studio and shed are permitted. Ms. Hart said she did not get Ms.
Carpenter's letter in her mailbox.
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 USR22-0031 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 = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland.
Case Number: USR22-0033
Applicant Christopher Gleason
Planner: Kim Ogle
Request: A Site Specific Development Plan and Use by Special Review Permit for a
Breeding and Boarding Kennel, limited to fourteen (14) dogs over the age of six
(6) months, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Legal Description: Lot B RECX17-0152; being part of the W2W2 of Section 14, Township 8 North,
Range 66 West of the 6. P.M., Weld County, Colorado.
Location: Approximately 300 feet east of County Road 33; north of and adjacent to County
Road 92 Section Line.
Kim Ogle, Planning Services, presented Case USR22-0033, reading the recommendation and comments
into the record. Staff sent notice to 7 surrounding property owners within 500 feet of the proposed USR
boundary. As part of the application, staff received 3 letters of support from 3 adjacent neighbors. The
property is under violation (ZCV22-0025 for running the business without obtaining a permit to do so. If the
case is approved, the Conditions of Approval are met and the USR map is accepted for recording, then the
violation will close. The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards.
The Chair asked staff how many dogs or cats are allowed on a property before having to request a USR.
Staff replied if there are more than 4.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Chris Gleason,45144 County Road 33, Pierce, Colorado. Mr. Gleason said that he has been breeding dogs
for about 6 'A years. He moved to Weld County last year and wants to continue his business. Mr. Gleason
is applying for the permits and licenses that are required. Mr. Gleason stated that some dogs are trained
while they are kenneled. He enjoys giving a dog that had behavioral issues back to the owners after the
dog has been trained.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Staff suggested removing Condition of Approval 1.B. because the applicant submitted an acceptable traffic
narrative.
Remove Condition of Approval 1.B., Moved by Michael Wailes, Seconded by Michael Palizzi. Motion
passed 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 USR22-0033 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 Bruce White, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland.
The Chair called a recess at 2:17 pm and the meeting reconvened at 2:24 pm.
Case Number: COZ22-0012
Applicant: Sunset Industrial, LLC
Planner: Kim Ogle
Request: Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts
to the 1-3 (Heavy Industrial) Zone District.
Legal Description: Part of the W2 of Section 3, Township 5 North, Range 65 West of the 6. P.M.,
Weld County, Colorado.
Location: North of and adjacent to East 8. Street; approximately 670 feet east of Cherry
Avenue (County Road 43).
Kim Ogle, Planning Services, presented Case COZ22-0012, reading the recommendation and comments
into the record. Notice was sent to 112 surrounding properties and no responses were received. 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.
JC York, J & T Consulting Inc, 305 Denver Avenue, Fort Lupton, Colorado. Mr. York gave a presentation.
The property is approximately 86 acres with split zoning. Mr. York stated that the majority of the property
is zoned 1-3 Heavy Industrial. They are requesting the smaller section of the property that is zoned
Agricultural be zoned 1-3. He explained how the majority of the surrounding area is zoned 1-3.
Commissioner Holland asked Mr. York if they spoke to the City of Greeley about annexation. Mr. York
replied that they did not speak to Greeley about annexation. Greeley owns the property on the south border
of Sunset Industrial's property. The City is working on changing that area to right-of-way so that there won't
be any issues with access or easements. Greeley will grant easements back to themselves for the water
and sewer.
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 COZ22-0012 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 Bruce White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland.
The Chair called a recess at 2:43 pm and the meeting reconvened at 2:50 pm.
Case Number: COZ22-0013
Applicant: Sasaki Family Holdings, LLC
Planner: Kim Ogle
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District.
Legal Description: Lot A of 2nd Corrected RE -3362, being part of the NE4 Section 30, Township 1
North, Range 66 West of the 6° P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 27 (North Main Street); approximately 650
feet south of County Road 6 (East Crown Prince Boulevard).
Kim Ogle, Planning Services, presented Case COZ22-0013, reading the recommendation and comments
into the record. Staff finds that submitted materials in the application are not in compliance with Section
23-2-30 of the Weld County Code. The proposal is not consistent with Chapter 22 and the property does
not have adequate water and sewer service available to serves the uses permitted in the 1-3 zone. The
Department of Planning Services recommends denial of this application.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Bob Choate, Attorney with Coan, Payton & Payne103 West Mountain Avenue Suite 200, Fort Collins,
Colorado. Mr. Choate is here on behalf of NGL Energy. Mr. Choate introduced Jim Winter with NGL
Energy. NGL is under contract to purchase the property from Ms. Sasaki. Ms. Sasaki plans to live on the
property for an unknown amount of time. There are no immediate development plans, however, they wish
to plan for future development.
Mr. Choate said the parcel is 3.7 acres in size. He referred to a map from his presentation that showed
how little the parcel is in comparison to the other parcels in the area. Mr. Choate showed that the property
is surrounded by USRs and he said that 1-3 zoning would be compatible with the area.
Mr. Choate said that the City of Brighton would like to annex, however, it is not feasible. The cost of bringing
water to the property, including dedication of raw water to the City, is expected to cost $750,000. Mr.
Choate explained the NGL owns the property to the west and is approved to receive a permitted commercial
well. NGL feels confident that if the well application for the property is denied for some reason, they could
transfer some of the water rights associated from the adjacent property that they own. Mr. Choate said
that the use of the property is unknown at this time and there is a possibility that the site will not require
water because it is not urban scale in nature.
Jim Winter, 865 North Albian Street Suite 400, Denver, Colorado. Mr. Winter stated that when they met
with the City of Brighton, they were told that the City does not currently have public water. NGL would have
to source water shares from a ditch company, then a process is done with Brighton where the water gets
delivered to their treatment facility and then piped to their site.
Commissioner Edens mentioned that the last time she tried to do some groundwork with the City of
Brighton, the City did not have Industrial zoning. She wondered if that was a reason the applicant does not
wish to annex. Mr. Choate said that the City of Brighton's growth management plan for zoning outside their
current boundaries designates this property as Employment Industrial. Employment Industrial is very
limited on uses and basically allows the use of office buildings. Mr. Choate said the other industrial uses
in the area are in Unincorporated Weld County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Choate requested that Condition of Approval 1.D.7.9. be amended. He asked that the last sentence,
"The well must be re -permitted and covered by a court -approved augmentation plan before it can be used
for commercial and industrial uses, be removed. It is not their plan to use the residential well.
The Chair asked staff if they have any issues with the applicant's request. Staff replied that they do not.
Amend Condition of Approval 1.D.7.9 as recommended by the applicant. Moved by Michael Wailes,
Seconded by Michael Palizzi, Motion passed unanimously.
The Chair asked the applicant if they have read through the Amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ22-0013 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Skip Holland.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland.
Commissioner Wailes said that he feels the applicant has done a thorough and adequate job of meeting
the criteria in Section 23-2-30.A.1. and Section 23-2-30.6.1. He feels the use meets the consistency of the
Comprehensive Plan as well as addressing adequate water service to the parcel. Mr. Wailes said the
Change of Zone does not require water at this time because it is not a Site Plan Review. He doesn't feel
that the water issue holds any bearing at this time.
Commissioner Morgan said she feels the applicant did a good job of helping the Planning Commission
understand that although this parcel is located in an urban development, it is that in name only. She said
that Industrial is consistent with surrounding property uses. Ms. Morgan stated that although zone changes
within a quarter mile of a municipality are discouraged, it is a discouragement, not a prohibition. She said
the applicant also provided information that water is available.
Commissioner Edens said she feels 1-3 Industrial is the highest and best use for this property.
Commissioner Palizzi stated he agrees with Commissioner Morgan's comments that it is not a prohibition,
and that the applicant says that water is accessible to them.
Commissioner Holland said he believes the Planning Commission has understood the intricacy of this,type
of interface between the Municipality and the County. He said he feels this is an appropriate action to take
with the conditions of this property.
Commissioner White said that he believes 1-3 Industrial is the correct zoning for this property.
The Chair referred to Section 23-2-30.A.1. and said that he feels the Change of Zone is consistent with the
area. He said that this property is the only parcel in the area that is not Commercial/Industrial.
Commissioner Hatch said he understands why the applicant does not want to annex with the City of
Brighton because it would hinder their future plans. He said he feels the applicant's application meets
Section 23-2-30.A.3. with adequate water since they already have an approved well for the site adjacent to
this property, as well as their plans for applying for a commercial well on this property.
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 3:37 pm.
Respectfully submitted,
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Michelle Wall
Secretary
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