HomeMy WebLinkAbout20232432.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, August 1, 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 1:30 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Shana Morgan.
Absent: Michael Palizzi, Pamela Edens
Also Present: Maxwell Nader, Chris Gathman, and Diana Aungst, Department of Planning Services; Jason
Maxey, Department of Oil and Gas Energy, Lauren Light, Department of Health; Karin McDougal, County
Attorney, and Michelle Wall, Secretary.
Motion: Approve the July 11, 2023, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Butch White. Motion passed unanimously.
Michael Wailes nominated Elijah Hatch to serve as the Planning Commission Chair for 2023 - 2024. No
other nominations were made.
Motion: Close Nominations for Chair of the Planning Commission. Moved by Butch White, Seconded by
Shana Morgan. The nomination passed unanimously.
Commissioner Pamela Edens entered the meeting at 1:33 pm.
Michael Wailes nominated Butch White to serve as the Planning Commission Vice Chair for 2023 - 2024.
No other nominations were made.
Motion: Close Nominations for Vice Chair of the Planning Commission. Moved by Shana Morgan,
Seconded by Skip Holland. The nomination passed unanimously.
Case Number: COZ23-0001
Applicant: PV East LLC
Planner: Maxwell Nader
Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Legal Description: Tract 2 of Pradera Vista East Tracts; being part of the SW1/4 of Section 15,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 20; approximately 0.30 miles east of County
Road 19.
Maxwell Nader, Planning Services, stated that the applicant submitted a Continuance Request for Planning
Case COZ23-0001. The request is for the applicant to address the issues described in the
recommendation. The applicant also wishes to meet with the staff of Fort Lupton prior to hearings. The
applicant is requesting Planning Commission to be continued until the December 5, 2023. Staff supports
this request.
Ryan Buchanan, 5110 Rangeview Avenue, Firestone, Colorado. Mr. Buchanan said he has some
scheduling conflicts over the next couple of months and needs more time to address the concerns and
meet with the staff of Fort Lupton.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Motion: Continue Case COZ23-0001. Moved by Butch White, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland.
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2023-2432
Case Number: USR23-0014
Applicant: Lazaro Lara Adame, c/o L&M Trucking, LLC
Planner: Diana Aungst
Request: A Site Specific Development Plan and Use by Special Review Permit for
Agricultural Support and Service and Oil and Gas Support and Service (truck
parking) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal Description: Lot A Recorded Exemption RE -4147; being part of the S1/2 SW1/4 of Section 14,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 20; approximately 0.5 miles west of County
Road 23.
Diana Aungst, Planning Services, presented Case USR23-0014, reading the recommendation and
comments into the record. Staff sent notice to 8 surrounding property owners within 5OO feet of the subject
property. No correspondence was received back from surrounding property owners regarding the proposed
application. The application materials did include a letter of support from a nearby neighbor. 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. The water well will not be used as the source of the water for
dust control.
Lazaro Lara, 1O4O9 County Road 2O, Fort Lupton, Colorado. Mr. Lara explained that he has a small
company that includes himself and his son. They have 3 trucks. They have 2 dump trucks and 1 manure
spreader.
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 USR23-0014 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 Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland.
Case Number:
Applicant
Planner:
Request:
Legal Description:
Location:
2MJUSR23-11-0027
M & M Excavation Company, LLC
Chris Gathman
A Site Specific Development Plan and Second Major Amended Use by Special
Review Permit Number USR11-0027 (an office/repair shop with outdoor
vehicle/equipment storage and vehicle staging area associated with an excavation
business) to construct a new building for additional storage space of equipment
and/or trucks being repaired or waiting for repair parts, along with additional
outdoor storage in the A (Agricultural) Zone District.
Lots A and B of Recorded Exemption RE -4762, being part of the E1/2 NW1/4 of
Section 17, Township 5 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
South of and adjacent to County Road 58; 0.25 miles east of County Road 51.
Chris Gathman, Planning Services, presented Case 2MJUSR23-11-0027, reading the recommendation
and comments into the record. No phone calls and/or correspondence have been 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.
Eric Wernsman, Wernsman Engineering and Land Development, 16493 Essex Road South, Platteville,
Colorado. Mr. Wernsman thanked the Planning Staff for doing a great presentation. He explained that this
is a very well -kept site awl that the applicant provides services for a number of Weld County businesses.
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 2MJUSR23-11-0027 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 Wailes, Seconded by Shana Morgan.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland.
Case Number: USR23-0002
Applicant: D -Dart Ranch, Inc c/o SunShare, LLC, dba Lincoln Solar, LLC
Planner: Diana Aungst
Request: 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.
Legal Description: Lot B of FFD22-0021; being part of the NE1/4 of Section 13, Township 7 North,
Range 66 West of the 6t' P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 14, west of and adjacent to County Road
37.
Vice Chair Butch White recused himself because he is the Mayor of the Town of Ault. He said that the
Town of Ault has taken a position on this case.
Diana Aungst, Planning Services, presented Case USR23-0002, reading the recommendation and
comments into the record. Staff sent notice to 23 surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls were received. The Department
of Planning Services recommends approval of this application along with conditions of approval and
development standards.
The Chair asked staff with the Town of Thornton owning all the eastern properties on the east side of Ault's
City limits, are they not able to annex these properties. Staff replied that the Town of Ault could annex the
properties if the City of Thornton wanted to annex.
Commissioner Edens asked staff if the property is irrigated. Staff said it is irrigated, but it has a coffin well
and there is not enough water to properly irrigate the north end of the property. The property owner wishes
to utilize the water supply for crops on the south end of her property and have the solar on the north end.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Beau Scott, Development Associate with SunShare, LLC, 1724 Gilpin Street, Denver, Colorado. The site
will be a 5 megawatt solar facility taking up 29 acres of the 150 -acre parcel. He said the energy produced
from this facility could pourer approximately 1400 homes.
Mr. Scott explained that the Dent Family wishes to keep their entire property agricultural by leasing the
northern portion of the property to Lincoln Solar, LLC and farming the remaining portion of their property.
The property owner would like her neighbor, who lives adjacent to her property, to have his sheep graze
on the property that is permitted for the solar facility. SunShare also plans to partner with researchers at
CSU to conduct agrivoltaic studies. Mr. Scott feels this partnership contributes to a growing brain trust the
will benefit Weld County landowners.
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 USR23-0002 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 Wailes, Seconded by Shana Morgan.
Vote: Motion passed (summary: Yes = 4, No = 1)
Yes: Elijah Hatch, Michael Wailes, Shana Morgan, Skip Holland.
No: Pamela Edens.
Absent: Butch White.
Commissioner Holland stated that he feels this application is consistent with agricultural land uses.
Case Number:
Presented By:
Request:
Ordinance 2023-13
Jason Maxey/Maxwell Nader
In the Matter of Repealing and Reenacting, with Amendments, Chapter 21 Areas
and Activities of State Interest, Chapter 23 Zoning, and Chapter 29 Building
Regulations, of the Weld County Code (Oil and Gas
Equipment/Telecommunication Towers).
Jason Maxey, Oil and Gas Energy and Maxwell Nader, Planning Department introduced themselves to the
Planning Commission. Mr. Maxey explained that both himself and Mr. Nader were in front of them today
because the code changes impact Oil and Gas, Zoning and Building regulations.
Mr. Maxey said that these minor changes provide a more streamlined and efficient process not only for
both Departments but also the customers submitting permits to the County.
This Ordinance addresses telecommunication towers, up to 70 feet in height, that are located on oil and
gas locations. Towers on oil and gas locations are viewed as a piece of equipment and are included in the
WOGLA permit process. Towers over 70 feet in height require a USR permit.
The Board of County Commissioners approved Ordinance 2023-13 on first reading. They utilized the
Pending Ordinance Doctrine, so the changes were effective July 26, 2023.
Mr. Maxey asked the Planning Commission if they had any questions. They were no questions.
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 2023-13 to the Board of County with the Planning Commission's
recommendation of approval, Moved by Skip Holland, Seconded by Shana Morgan.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland.
The Chair asked the public if there were other items of business that they would like to discuss.
Mike Coan, 28242 County Road 10, Keenesburg, Colorado. Mr. Coan asked the Planning Commission to
consider not passing code changes on Sec 27-10-20 Cluster PUDs in the future.
The Chair asked Mr. Coan if he is intending to submit an application in hopes that it goes through under
the current Section of Code. Mr. Coan said he does intend to submit an application. He has spoken with
the Planning staff and has been advised that future code changes are planned for this Section of Code.
Mr. Hatch asked Mr. Nader if an applicant submits a Cluster PUD application now, would it be processed
under current code standards. Mr. Nader replied that the Planned Unit Development application is a multi-
step process. There is sketch plan, change of zone, and then the final process. The applicant would have
to have completed the change of zone process in order to be following current code. Sketch plan can take
60 days and Change of Zone can take up to 2 years while waiting on water. Mr. Nader said they do not
have a timeframe yet on when this code change will be drafted.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 2:59 pm.
Respectfully submitted,
Michelle Wall
Secretary
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