HomeMy WebLinkAbout20233809.tiff Summary of the Weld County Planning Commission Meeting
Tuesday,November 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 1:30 p.m.
Roll Call.
Present:Elijah Hatch,Michael Wailes,Pamela Edens,Michael Palizzi,Shana Morgan,Barney
Hammond.
Absent:Skip Holland,Butch White,Virginia Guderjahn.
Also Present Kim Ogle,Diana Aungst,Maxwell Nader,and Tom Parko,Department of Planning Services,
Lauren Light, Department of Health, Karin McDougal and Bruce Barker, County Attorney, and Kris
Ranslem,Secretary.
Motion: Approve the October 3,2023 Weld County Planning Commission minutes,Moved by Michael
Wailes,Seconded by Barney Hammond. Motion passed unanimously.
The Chair announced that we need to make some amendments to the Agenda. Item 5 is being requested
to be withdrawn and not continued;therefore,Item 5 needs to be changed to"Item to be Withdrawn".
Additionally,Item 6.G will be moving after 6.D.
Motion:Amend Agenda as suggested,Moved by Pamela Edens,Seconded by Michael Palizzi. Motion
carried unanimously.
Case Number: MET23-0001
Applicant Anadarko E&P Onshore,LLC,c/o Kiteley Ranch Metropolitan District
Planner: Maxwell Nader
Request: Amended and Restated Service Plan for Kiteley Ranch Metropolitan District,
Legal Description: Lot B Recorded Exemption RE-843,being part of the NW1/4 of Section 27,
Township 3 North,Range 68 West of the 6th P.M.,Weld County,Colorado.
Location: South of and adjacent to Highway 66;east of and adjacent to County Road 7.
Max Nader,Planning Services,presented Case MET23-0001,reading the recommendation and comments
into the record.The Department of Planning Services recommends approval of this application.
Jennifer Ivey,Icenogle Seaver Pogue,Legal Counsel for Kiteley Ranch Metropolitan District,4725 South
Monaco Street,Denver,Colorado. Ms.Ivey stated that this is an existing Metropolitan District formed in
2006 and they are requesting to bring that service plan up to current standards.She added that the current
service plan debt limitations are not adequate to cover the increased costs.Ms.Ivey stated that there will
be no changes to the debt mill levy cap and no changes to the aggregate mill levy cap. There will be an
addition of a Special Improvement District to finance public improvements.
Commissioner Hammond asked what school district this site is located in. Mr.Nader said it is located in
the St.Vrain School District.
Motion:Forward Case MET23-0001 to the Board of County Commissioners along with the Planning
Commission's referral of support,Moved by Barry Hammond,Seconded by Pamela Edens.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Case Number: Ordinance 2023-17
Presented by: Tom Parko
Request: In the Matter of Repealing and Reenacting with Amendments,Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code(Subdivisions).
1
COMiAvnicat;onS .2023-3509
11/22/23
Tom Parko,Planning Services,stated that Ordinance 2023-17 and Ordinance2023-18 deal with Chapters
23 and 24 which are primarily zoning and subdivisions as well as Chapter 27 planned unit developments.
Staff is requesting to withdraw Ordinance 2023-17.He added that this Ordinance and Ordinance 2023-18
which follows this case on the agenda were designed to run in tandem with each other.
Mr.Parko provided a brief summary of how the work began on reviewing the Weld County Code and the
proposed code changes relating to planned unit developments. He said that Staff started looking at ways
to replace the Planned Unit Development(PUD)process over the course of several months and concluded
that replacing the PUD with a Major Subdivision process could still provide flexibility for developers while
streamlining the process. Therefore,Staff worked to run two(2)parallel ordinances with the first one to
remove Chapter 27 Planned Unit Developments and the other ordinance to create its replacement. As a
result from worksessions, several County Commissioners voiced their concerns about residential
development in the county and they wished to have additional time to consider the code changes. Mr.
Parko stated that he was given direction from the majority of the County Commissioners to move forward
with Ordinance 2023-18 but to hold off on Ordinance 2023-17. The reason for the withdrawal is to have
further conversations with the County Commissioners about development in general and what the county's
vision is for the future.
Mr.Parko requested that Ordinance 2023-17 be withdrawn and a new Ordinance can be drafted and be
brought back to the Planning Commission at a future date to be determined.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Arthur Elmquist,428 Mountain Avenue,Berthoud,Colorado,stated that he has been working on a project
called Andy's Enchanted Village and added that he has met with Mr.Parko to give preliminary vision of
what this project is about. Mr.Elmquist said that he does not believe the proposed code changes are in
the best interest of Weld County and it would preclude this project from moving forward.
Commissioner Wailes clarified that it seemed Mr.Elmquist was speaking to Ordinance 2023-18 and not
Ordinance 2023-17.Mr.Elmquist thanked the Planning Commission for the time.
Motion:Accept Withdrawal of Ordinance 2023-17,Moved by Michael Wailes,Seconded by Michael
Palizzi.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Case Number Ordinance 2023-18
Presented by: Tom Parko
Request: In the Matter of Repealing and Reenacting with Amendments,Chapter 27 Planned
Unit Development of the Weld County Code(Planned Unit Developments).
Tom Parko,Planning Services,presented Ordinance 2023-18 and provided a brief summary of the
proposed code changes relating to planned unit developments. Mr.Parko stated that this change would
remove the option to apply for any new planned unit development.However,there would still be procedures
in place to deal with existing planned unit developments.Mr.Parko stated that the County has an existing
PUD known as Pelican Lakes Ranch,which was approved in the 1980s. He said that they are moving
forward with a number of future filings in that PUD and added that there is a provision included in this
proposed code change that would accommodate Pelican Lakes Ranch so they can move forward with their
future filings.Additionally,the applicants have been working with staff for the better part of a year on those
new filings.
Mr.Parko stated that six(6)letters were received of concern pertaining to this particular Ordinance. The
Department of Planning Services recommends approval of Ordinance 2023-18.
Commissioner Morgan asked that since these ordinances worked in tandem and by not moving forward
with Ordinance 2023-17 if there is a hole that will be left in the thought process. Mr.Parko said that the
Major Subdivision process was built into Ordinance 2023-17 to replace the Planned Unit Development
process however,we will still have Minor Subdivisions,Family Farm Divisions in the County Code. Ms.
Morgan replied that it seems that is a big problem.
2
Commission Hatch asked how this would affect something like Andy's Enchanted Village. Mr.Parko said
that he met with the applicants and noted that they have not submitted an application yet. He added that
there is potentially an option that they could develop through the county by going through a subdivision of
sorts but it wouldn't be any more than nine(9)lots.Mr.Hatch clarified that there is not an option per Code
to allow that project. Mr.Parko replied with this change that is correct.
Commissioner Hatch referred to the accommodations of Pelican Lakes Ranch and said that there was a
gentleman that came in previously at a hearing that had the same situation and wanted to make a change
but because of these proposed code changes he was not going to be allowed to.Mr.Hatch asked why we
wouldn't allow everybody that was in process instead of only Pelican Lakes.Mr.Parko said that gentleman
had not submitted an actual application to the county. He added that they are trying to honor those that
have already been through the process.
Commissioner Palizzi asked to clarify how many PUDs are in the application process now. Max Nader,
Planning Services,stated that there are many PUDs at various stages.He added that there are currently
four PUDs at the final plan stage and 10 that have gone through the PUD zoning 10 years ago and haven't
proceeded any further.Mr.Palizzi asked if those become null and void.Mr.Nader said that the applications
that are in process are allowed to move forward.
Commissioner Hatch referred to the comment of being given direction by the Board of County
Commissioners to move forward with Ordinance 2023-18 and asked Mr.Parko how he feels about moving
forward with this Ordinance.Mr.Parko said that he has worked with the County for 13 years and believes
in providing options for residents to develop but also tries to follow the County Comprehensive Plan and to
accommodate that development.He agreed that in areas where it makes sense there should be a process,
but at the same time having those broader conversations with the County Commissioners and that collective
visioning session is really important.
Commissioner Wailes asked where the County becomes vulnerable because we are moving forward in this
fashion and if we are putting the County at risk. Mr.Parko said that he doesn't believe it is putting anyone
at risk.
Commissioner Palizzi said that we received several letters today from developers and other stakeholders
and asked if there was a reason there wasn't any discussions with them. Mr.Parko said there were some
developers that they had asked to review the draft proposed code changes;however,they did not hold a
broader stakeholder group meeting. He added that the County Commissioners did discuss holding
meetings and have discussions with stakeholders.Commissioner Hammond asked when those meetings
might be.Mr.Parko said this is going before the County Commissioners on December 4th but it is a three-
reading process so not sure but there are no confirmed dates.Mr.Hammond expressed concern regarding
the timing for people to weigh in on it and added that he doesn't disagree with the changes but that he is
not comfortable with moving this forward as people need to voice their opinion. Commissioner Edens
disagrees with it and added that if you are taking away something you have to have another option in place.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lori Saine,Weld County Commissioner District 3,235 Stonehaven Street Circle,Dacono,Colorado,
suggested a continuance of Ordinance 2023-18. Ms.Saine expressed concern of the way that these
proposed Ordinances were handled and added that these Ordinances should be considered together and
not a part. She requested a continuance for a better stakeholder process.
Commissioner Wailes clarified if Ms.Saine is requesting a continuance or a recommendation to the County
Commissioners. Ms.Saine said that she suggested a continuance to consider those chapters together;
however,if there is a recommendation by the Planning Commission then that is their power to do so.
Karin McDougal,County Attorney,stated that the Planning Commission doesn't have the authority to
continue this Ordinance because it is a legislative issue so it needs to be a recommendation for approval
or denial.
3
Commissioner Hammond said that we should have more public comment and worksessions. He is very
concerned with doing this too fast and added that it affects too many people.
Kelsey Bruxvoort,AgProfessionals,3050 67th Avenue,Greeley,Colorado,concurred with the comments
that this is moving too fast and added that it should be considered at the same time as Chapters 23 and
24. By removing major developments,she believes it is risky in her opinion.
Nathan Batchelder,Broe Real Estate Group,1137 Bannock Street,Denver,Colorado,stated that they
agree with everything that has been said and added that they have serious concerns about the revisions
and potential elimination of the PUDs. He requested additional outreach to the building industry and other
property owners across the county.
Don Summers,14731 Akron Street,Brighton,Colorado,stated that he is the General Manager of Todd
Creek Village Metropolitan District,which is a water and sewer provider in Adams and southern Weld
County. Mr.Summers said that if there is no avenue to plan for development anywhere except for inside
the city,your water planning can only happen inside the city.He would like to see Weld County rethink this
in a long term,realistic and well thought out planning focus.
Matt Engel,Westside Property Investment Company,4100 East Mississippi Avenue,Denver,Colorado,
stated that this just happened too quickly and added that they are a large land owner in the County and
would like to bring mixed use projects to the County. He added that they would like to have the chance to
show the County what they can do and with these changes they wouldn't have that ability.
Kelly Schram,Northern Colorado Home Builders Association,1907 Boise Ave,Loveland,stated that they
represent over 300 members. Mr.Schram stated that he feels it is important to have dialogue with
stakeholders on how this would negatively or positively impact Weld County.
Arthur Elmquist,428 Mountain Avenue,Berthoud,Colorado,echoed the comments from public testimony
and encourages opportunities to have further conversation of the best ways of how Weld County should
handle PUD type applications.
The Chair asked Staff if they had anything further to add. Mr.Parko replied no.
Motion:Forward Ordinance 2023-18 to the Board of County Commissioners along with the Planning
Commission's recommendation of denial,Moved by Pamela Edens,Seconded by Michael Palizzi.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Commissioner Wailes said that it is not often that he would vote against Staff's recommendation on code
changes,but he just doesn't feel right about the process. He said that in thinking of his findings for denial
he doesn't have any because he doesn't have any findings for approval either.
Commissioner Hatch said that he agrees with Commissioner Wailes,unfortunately he doesn't have the
information for either approval or denial.
The Chair called a recess at 2:49 p.m.and reconvened the hearing at 2:57 p.m.
Case Number: USR23-0037
Applicant: Cervi Enterprises,Inc.,c/o Kerr-McGee Oil&Gas Onshore,LP
Planner Chris Gathman
Request: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service(storage area for parts for drilling rigs,drilling iron pipe
and fittings,poly pipe and fittings,two(2)parts trailers and rig mats,light plant
trailers and general oil and gas equipment supplies)in the A(Agricultural)Zone
District.
Legal Description: All of Section 22,Township 4 North,Range 63 West of the 6.P.M.,Weld County,
Colorado.
Location: Approximately 1.4 miles south of the intersection of U.S.Highway 34 and County
Road 69.The site will access onto U.S.Highway 34,via a private access.
4
Max Nader,Planning Services,presented Case USR23-0037,reading the recommendation and comments
into the record.Mr.Nader noted that there were no responses received 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.
Matt Wells,Kerr McGee Oil and Gas,1099 18th Street,Denver,Colorado,stated that this application is for
a laydown yard on 17 acres.This laydown yard will support their Bronco Comprehensive Development Oil
and Gas project which is nine(9)facilities and 141 wells on the Cervi Ranch. They will be staging
equipment on this site.
Commissioner Hatch asked what the expected life of the laydown yard is. Mr.Wells said that the facilities
will be built over the next several years and this will help support the life of these wells. He added that this
laydown yard will be there for the life of the facilities.
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 USR23-0037 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 Shana Morgan.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Case Number: 1MJUSR23-22-0027
Applicant: CBEP Land 2,LLC,c/o CBEP Solar 9,LLC and ECA CO Lead
Planner: Kim Ogle
Request: A Site Specific Development Plan and Use by Amended Special Review Permit
for a Solar Energy Facility(SEF)outside of subdivisions and historic townsites in
the A(Agricultural)Zone District.
Legal Description: Part of the 61/2 NW1/4 and part of the W1/2 E1/2 SW1/4 of Section 34,Township
6 North,Range 65 West of the 6.P.M.Weld County,Colorado.
Location: South of and adjacent to County Road 64,approximately 1320 feet east of County
Road 43.
Kim Ogle,Planning Services,presented Case 1MJUSR23-22-0027,reading the recommendation and
comments into the record.Mr.Ogle noted that one(1)telephone call was received from a surrounding
property owner about the proposed facility and no other written correspondence was 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.
Brysen Daughton,Cloudbreak Energy,300 East Canyon Street,Lafayette,Colorado,stated that this project
is for an expansion to an existing solar facility. He added that is a 36-acre community solar project which
will start in 2024 with completion into early 2025. The expected life of the solar facility is 20 to 35 years.
Mr.Daughton stated that sheep are expected to graze on the property a few times per year to maintain the
vegetation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
5
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 1MJUSR23-22-0027 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 Barney Hammond.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Case Number: USR23-0027
Applicant: Phyllis Burkgren,c/o USS South Platte 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: W1/2 SE1/4 of Section 36,Township 5 North,Range 66 West of the 6.P.M.,Weld
County,Colorado.
Location: South of and adjacent to County Road 394;approximately 0.5 miles east of County
Road 35.
Diana Aungst, Planning Services, presented Case USR23-0027, reading the recommendation and
comments into the record. Ms.Aungst noted that there were no letters received in opposition from
surrounding property owners. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Commissioner Hammond asked which entrance will be the access to the site. Ms.Aungst said that they
will be using the east side access and added that the entrance with the cattle guards is for an oil and gas
facility access.
Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control,and the Waste Handling Plan.
Luke Gildemeister,US Solar,LLC,2604 Highland View Lane,Burnsville,Minnesota,stated that they are
proposing a 3.625 megawatt solar facility on approximately 19.7 acres. Mr.Gildemeister noted that the
proposed solar facility is not located within 500 feet of any residences.The expected life of this solar facility
is 20 to 30 years.
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 USR23-0027 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 Palizzi,Seconded by Shana Morgan.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Commissioner Hammond expressed concern about approving these prior to an access agreement in place.
He added that he has concerns that because it is crossing a ditch and it hasn't been approved.
Case Number: USR23-0028
Applicant: Leslie Matson,c/o USS Auburn 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 Recorded Exemption RECX17-0143;being part of the NW1/4 of Section 35,
Township 5 North,Range 65 West of the 6.P.M.,Weld County,Colorado.
6
Location: South of and adjacent to County Road 52;East of and adjacent to County Road
45.
Diana Aungst, Planning Services, presented Case USR23-0028, reading the recommendation and
comments into the record. Mr.Aungst noted that there were three(3)letters received in opposition with
concerns relating to aesthetics,diminished property values,weeds,increase in traffic,incompatibility with
residential and agricultural uses,disturbance to wildlife and personal safety and security with relation to
high-powered lines.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.
Luke Gildemeister,US Solar,LLC,2604 Highland View Lane,Burnsville,Minnesota,stated that the project
is for a 5 megawatt solar facility on approximately 27.9 acres. Mr.Gildemeister noted that there is one(1)
residence within 500 feet of the facility and added that they have been in active communication with the
landowners and will continue to do all that they can to ensure that those landowners are happy with the
proposed project.The expected life of the solar facility is 20 to 30 years.
Commissioner Hammond asked if there is a reason why it cannot be moved further to the west. Mr.
Gildemeister said that this proposed layout allows Mr.Matson to keep as much of the irrigation as possible.
Mr.Hammond expressed concern of the proximity to the Lower Latham Ditch and would like to see it moved
farther north and west. Mr.Gildemeister said that they have been in active communication with the Lower
Latham Reservoir Company and added that they will be a good neighbor.
Commissioner Palizzi referred to the reservoir concerns over easements and asked if those concerns have
been resolved. Mr.Gildemeister said that they are in active conversations with the attorney for the Lower
Latham Reservoir Company and if they are not able to gain access with Lower Latham this project will not
move forward.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Les Matson,6929 Poudre River Road,Greeley,Colorado,stated that this would give him an opportunity to
reduce the amount of water that he uses because he has to pay for augmentation water to irrigate the farm.
He added that this is also a good use to create electricity for the community and good use of the property.
Michael Cruz,25252 CR 45,Greeley,said that Weld County is the largest producer in the State for oil and
gas and added that now it will be the largest producer for solar.He expressed concern regarding the impact
on agriculture.
Sharlene Loose,22035 CR 52,Greeley,Colorado,stated that she would like to keep the country living and
agricultural lifestyle.She said that she appreciates the proposed dust mitigation and added that she would
like to see mag chloride placed on Fern Avenue.
David Watts,US Solar,LLC,said that we all do need electricity so it is an impossible situation no matter
where the project is located. He added that they are connecting to the distribution grid that exists there
today. Mr.Watts stated that there is no noticeable traffic,noise,odor,dust or vibrations from the facility
after construction is completed. He added that they are happy to add mag chloride to help with dust
mitigation. Mr.Watts said that by locating the facility to the south it helps to mitigate the concerns of the
neighbors that this project is close to.
The Chair asked Staff if they had any changes to the Resolution. Ms.Aungst referred to the comments of
Fern Avenue and wished to clarity that it really isn't Fern Avenue and added it is closely related to a ditch
riders road and it is more than likely outside of the Lower Latham Reservoir's easement. She added that
that they did include a condition of approval that the applicant work with Lower Latham Reservoir if in fact
this particular road is within their jurisdiction.
7
Commissioner Edens asked whose road it would be if not the ditch company. Ms.Aungst stated that it
would be a private road on Mr.Matson's property and clarified that it would be his access road down to the
building on the southeast part of his property.
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 USR23-0028 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 Michael Palizzi.
Vote:Motion passed(summary:Yes=5,No=1,Abstain=0).
Yes:Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
No:Barney Hammond.
Commissioner Hammond said that he is sympathetic to the landowner and their property rights. However,
he is still concerned with the location and the way it is shaped in there and would like to see the engineering
done different so it is farther away from the ditch.
Case Number: PUDF23-0002
Applicant: Amanda,Brandon,Lisa and Moriah Nguyen
Planner Maxwell Nader
Request: A Site Specific Development Plan and Planned Unit Development Final Plan for
six(6)residential lots with E(Estate)Zone District uses and one(1)non-buildable
outlot with A(Agricultural)Zone District uses.
Legal Description: Lot D Recorded Exemption RECX20-0040,being part of the S1/2 N1/2 of Section
33,Township 1 North,Range 66 West of the 6th P.M.,Weld County,Colorado.
Location: West of and adjacent to County Road 31;approximately 0.5 miles north of County
Road 2.
Maxwell Nader,Planning Services,presented Case PUDF23-0002,reading the recommendation and
comments into the record. Mr.Nader noted that there were three(3)letters received from surrounding
property owners with concerns of traffic and the potential of more water wells that would bring to the local
and geological water conditions. 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,on-site
dust control.
Commissioner Hatch asked if the City of Brighton is contesting anything with the access. Mr.Nader said
that Brighton did not respond to the referral;however,Staff has reached out to Brighton multiple times.He
added that there are conditions in place to finalize the access permit.
Lisa and Brandon Nguyen,503 CR 31,Brighton,Colorado.Mr.Nguyen said that the goal of this application
is to split 20 acres into six(6)acres consisting of five(5)houses being built for their family.The purpose is
to continue farming their 100-acre outlot.With the approval of this application,it would give them the ability
to have the family operate a family farm with livestock.
Mrs.Nguyen stated that she spoke to Brighton and did recently complete an access permit application.Ms.
Nguyen stated that they were told when they tried applying for the access permit at different stages of the
process to wait because the access permit application would expire prior to the final approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
C.Vincent Phelps,13577 CR 2,Brighton,Colorado,stated that he is the Trustee of the land to the west.
He added that the land to the west and the land that the Nguyens own was once owned by one property
owner and the previous owner had put in three(3)reservoirs for flood control and irrigation. He added that
the drainage went into those reservoirs and irrigated his property. Mr.Phelps expressed concern that the
development would adversely affect the flow of water into those reservoirs and would like to have the
Nguyens agree that the development will not affect the reservoirs.
8
Mr.Nguyen stated that they have no intention of stopping that water flow and added that the six(6)lots are
north of the Brighton Lateral Ditch and that flow should not be interrupted. Mr.Nguyen said that the PUD
process protects that 100-acre outlot for 40 years so it will be farmed guaranteed.
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 PUDF23-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Shana Morgan,
Seconded by Michael Wailes.
Vote:Motion carried by unanimous roll call vote(summary:Yes=6).
Yes:Barney Hammond,Elijah Hatch,Michael Palizzi,Michael Wailes,Pamela Edens,Shana Morgan.
Case Number COZ23-0004
Applicant: Fritzler Real Estate,LLC
Planner Chris Gathman
Request: Change of Zone from the A(Agricultural)Zone District to the I-1(Light Industrial)
Zone District.
Legal Description: Lot C Corrected Recorded Exemption RE-3966,being part of the N1/2 of Section
22,Township 4 North,Range 66 West of the 6.P.M.,Weld County,Colorado.
Location: South of and adjacent to County Road 44;west of and adjacent to County Road
33.
Max Nader,Planning Services,presented Case COZ23-0004,reading the recommendation and comments
into the record.The Department of Planning Services recommends approval of this application along with
conditions of approval.
Commissioner Hatch referred to County Road 44 and the Highway 85 interchange and asked how this
affects the property.Melissa King,Development Review,stated that the access point is south of the project
and it's a shared access road onto County Road 33.At the time of the application it was not paved but the
County has paved it subsequently so the traffic will go up to Highway 85 and it should not affect Highway
85. She added that they have contacted CDOT and they do not have any concerns.
Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements.
Madison Jurewicz,380 Interlocken Crescent,Broomfield,Colorado,stated that the lot is currently zoned
agricultural and they are requesting to change it to I-1 Light Industrial.They feel this is appropriate because
it is located in the opportunity zone and added that there are commercial and industrial uses surrounding
this site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Frank Eckhardt,21454 CR 33,LaSalle,Colorado,stated that four(4)years ago when the hemp was
approved for this property,he was on the Western Mutual Ditch Company Board and added that they had
an agreement to have a pond because all the water goes into their ditch and when it rains there is a problem
downstream. He added that they have had to fix the banks a couple of times because they can't get it
stopped.Mr.Eckhardt asked what the land will be used for and will it have gravel or other sources to keep
the water from going off the property so fast.
The Chair explained that this application is to change the zone of the property to I-1 Light Industrial so at
this time we don't know what the future use of the property will be. The applicant will need to submit an
application for a Site Plan Review that will be for the specific use of the property and added that the applicant
will need to meet certain criteria before the County will approve that Site Plan Review with their project.Mr.
Nader added that there is a condition of approval included in the Resolution that the applicant will need to
work with the Western Mutual Ditch Company
William Walters,16046 CR 44,LaSalle Colorado,expressed concern that since County Road 33 is paved
that there will be more heavy traffic.
9
Ms.Jurewicz stated that the use of the property has not been identified yet but as noted they would have
to go through a Site Plan Review process which would identify any storm water requirements,fencing,
noise analysis,and any traffic concerns.
Trevor Fritzler 1495 South Sunfield Drive, Milliken,Colorado,stated that they plan to live close to this
property and added that they do not intend to put anything on site that would hinder their quality of life. He
said they want to be good neighbors.Mr.Fritzler said that they have also been shareholders of the Western
Mutual Ditch Company and they do not want to damage the ditch that they draw water from for their fields
so they are cognizant of the water flows.
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 COZ23-0004 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,Michael Wailes,Pamela Edens,Shana Morgan.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
Meeting adjourned at 6:01 p.m.
Respectfully submitted,
4 `.(-4 C,T XitI2L;,1,
Kristine Ranslem
Secretary
10
Hello