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HomeMy WebLinkAbout20230868.tiffSummary of the Weld County Planning Commission Meeting Tuesday, March 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, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi. Absent: Shana Morgan. Also Present: Kim Ogle, Diana Aungst, and Jim Flesher, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the February 7, 2023 Weld County Planning Commission minutes, Moved by Skip Holland, Seconded by Sam Gluck. Motion passed unanimously. The Chair announced that Staff would like to amend the Agenda to move the continued items to the top of the list. Motion: Amend the Agenda to move USR23-0004, USR22-0030 and USR23-0003 to the Continued Items Moved by Michael Wailes, Seconded by Sam Gluck. Motion carried unanimously. Case Number USR23-0004 Applicant: Shannon Kemp, c/o Mel's Dog House Planner Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for a Doggie Daycare and Boarding Kennel limited to forty-five (45) dogs over the age of six (6) months in a subdivision in the A (Agricultural) Zone District. Legal Description: Lot 3 Lake Meadows Subdivision, being part of Section 29, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 3; approximately 1750 -feet south of State Highway 66. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the May 2, 2023 Planning Commission hearing to allow adequate time to complete the mineral notice requirements. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this this application. Jason Ellinger, 13888 CR 3, stated that he lives directly north of the site. Mr. Ellinger said that he is opposed to the application; however, he is not opposed to the continuance. Motion: Continue Case USR23-0004 to the May 2, 2023 Planning Commission Hearing, Moved by Michael Wailes, Seconded by Sam Gluck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland. Case Number: USR22-0030 Applicant: HS Land & Cattle, LLC, c/o Monarch Mountain Minerals and Aggregates, LLC Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review for open mining (sand, gravel, stone, and overburden) and processing of minerals, including the import of material from, and export of material to other sites, a drying and screening building and two (2) silos, a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage; and employee and vendor parking outside of subdivisions and historic townsites in the A (Agricultural) Zone District. 1 coMMvn,co.fi;an o3/29 /23 2023-0868 Legal Description: Location: Part SE1/4 of Section18; Part of the E1/2 and W1/2 of Section 19; Part of the NW1/4 of Section 30, all being located in Township 4 North, Range 66 West of the 6. P.M., Weld County, Colorado. Generally located north of County Road 40.5, west of State Highway 60, South of County Road 46, and east of County Road 25. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the April 4, 2023 Planning Commission hearing to allow adequate time to complete the mineral notice requirements. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this this application. No one wished to speak. Motion: Continue Case USR22-0030 to the April 4, 2023 Planning Commission Hearing, Moved by Butch 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, Sam Gluck, Skip Holland. Case Number: USR23-0003 Applicant Jose and Marisela Avila Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for an Events Facility, not agriculture -related, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Lot A Recorded Exemption RE -3786; being part S1/2 SW1/4 Section 17, Township 7 North, Range 64 West of the 6. P.M., Weld County, Colorado. LOCATION: East of and adjacent to County Road 51; north of and adjacent to County Road 80. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the April 4, 2023 Planning Commission hearing to allow time to assess the implications of the State of Colorado Division of Water Resources referral dated February 10, 2023. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this this application. John Long, 25480 CR 80, Eaton, Colorado, stated that he is against having a hearing for this since this particular property has been conducting a business outside of a permit. There are three primary issues: noise, trash, and safety. He added that they would prefer having an investigation into why they are operating without a permit before there is a hearing. Motion: Continue Case USR23-0003 to the April 4, 2023 Planning Commission Hearing, Moved by Michael Wailes, Seconded by Sam Gluck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland. Case Number: Presented by: Request: Ordinance 2023-03 Jim Flesher/Tom Parko In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code (Miscellaneous Zoning). Jim Flesher, Planning Services, presented Case Ordinance 2023-03 and provided a brief explanation on the proposed code changes, specifically relating to the elimination of the building coverage requirements from the Agricultural and Estate Zone Districts. 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 2023-03 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Sam Gluck, 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, Sam Gluck, Skip Holland. 2 Case Number: USR23-0005 Applicant: Kenneth Harring, c/o CBEP Solar 6, LLC Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit fora Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Pad of the NW1/4 of Section 32, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location: Approximately 980 -feet south of County Road 76; approximately 1300 -feet east of County Road 39. Kim Ogle, Planning Services, presented Case USR23-0005, reading the recommendation and comments into the record. Mr. Ogle noted that one (1) letter was received which outlined concerns that the property would become an eye sore resulting in lower property values, destruction of country lifestyle, and adversely affecting the irrigation ditches and conveyance of irrigation water. 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. Zach Brammer, Cloud Break Energy Partners, 408 Melba Road, Sterling, Colorado, stated that this will be a 4.625 megawatt solar community project which will be located on approximately 28.74 acres. Mr. Brammer said that currently the property is owned by Kenneth Harring; however, the area where the solar project will be located will be purchased by Cloud Break Energy Partners prior to the commencement of construction. The construction period is anticipated to last approximately four (4) months. Once completed the project will produce enough power for approximately 1500 homes. Mr. Brammer said that they will work with a local shepherd to graze sheep on the property. The sheep are expected to be grazing on the property a few times during the year to maintain the vegetation height of 18 to 22 inches. He added that they have applied for a well permit and the water from that well will be used to establish that pasture. If they should not get a well permitted, they will have water trailers and other sources of water that they can bring onto the site. Mr. Brammer stated that they reached out to the ditch company last July, however, the ditch company told them to wait until they made it further along with their permits before discussing this project with them. He added that there is no agreement in place with them to cross the ditch; however, they are working with the ditch company on that and anticipate that it will be completed prior to construction. A seven (7) foot tall game fence will be installed around the permitter of the site. He added that two (2) rows of Rocky Mountain Junipers, watered with the well permit in process or by water truck, will be installed for screening on the northern and eastern sides of the property. Commissioner Wailes asked if the well permit will be a commercial or agriculture permit. Mr. Brammer said it is an agriculture well permit. Mr. Wailes asked the applicant if they will have to meet any augmentation requirements back to the ditch companies for whatever that well might take up. Mr. Brammer replied that he guesses they will and added that they are still in the process of working with the ditch company. Commissioner Holland asked if the land has any water rights. Mr. Brammer replied no. Mr. Holland asked what the land was used for previously. Mr. Brammer said it was used for agriculture historically, however, the tenant farmer had other water rights they could use. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Randy Miller, 19442 CR 76, Eaton, Colorado, said that he is opposed to this project. He said that there is water for this property from the For Far Lateral. Mr. Miller stated that he lives directly east of the site and added that he doesn't know how loud this is but assumes they will hear it. He added that there is a flock of wild turkeys that live there as well as bald eagles. He said that this will have a significant impact on his property values. He asked the Planning Commission to consider not approving it. 3 Jim Gies, 19381 CR 74, Eaton, Colorado, stated that he believes this is an eye sore and will have impacts on the farm culture. He added that it has been watered every year. Additionally, he is concerned with drainage from the site and the contamination from the solar panels, specifically aluminum, lead and cadmium. Mr. Gies asked where the transmission line is for this project. He expressed concern regarding fires, traffic safety, habitat loss and setbacks of this project. He added that there needs to be an economic and environmental study for this to be placed around houses. Sharon Miller, 19442 CR 76, Eaton, Colorado, stated that they have an upper level deck on their house that will overlook these solar panels and added that those solar panels will not be blocked from their view. Ms. Miller asked how the manure will be handled from the sheep that will be grazing there. Ms. Miller stated that there are great horned owls, bald eagles, and numerous other birds that habitat in the cottonwood trees and is concerned that they will be cut down. She expressed concern regarding the loss of property values. Ms. Miller stated that she is opposed to this project. Brenda Fisher, 19260 CR 76, expressed concern for the wildlife in the area and added that there are signs posted all over Weld County with the Right to Farm and it seems strange that a solar farm is what would be going in an ag area. Ms. Fisher felt that the applicant was vague about the water and that they should be further along in the permitting process. Ms. Fisher stated that she is opposed to this project. Janine Medero, 19154 CR 76, stated that she reserves judgement and only came for information. Ms. Medero asked what the plan is for the other part of Mr. Harring's property. She added that they have livestock and expressed concern if it will be sold to a developer to do something else as it is right next to them and their livestock. Mary Burks, 19168 CR 76, stated that her and her husband were the first to live out there 52 years ago. She added that it is a nice, peaceful, and quiet neighborhood. She agrees with all of those who spoke against this case. Ms. Burks stated that she is opposed to the increased traffic and noise and hopes that the Planning Commission will consider denying this. Mr. Brammer referred to the noise concern and stated that the noise generating equipment will be located in the central part of the property so from 500 feet away it will be as loud as leaves rustling during the day and at night there will be no noise. Mr. Brammer referred to the flock of turkeys and said that they are working with the Colorado Division of Wildlife to make sure that all the boxes are checked. With regard to the Bald Eagles they do have to comply with all federal and state laws and making sure that construction occurs outside of the nesting season. Mr. Brammer said that according to the studies that they have seen they show that there is no negative impacts on property values for properties adjacent to solar facilities. Mr. Brammer referred to Ms. Miller's statement of the view from their top deck and said that there is not a lot that they can do about that. However, the panels when they are fully tilted will be about 10 feet tall so they should still be able to see over the top of the panels. Mr. Brammer said that there is no glare and will be happy to forward the glare study to anyone. Mr. Brammer stated that they have no current plans to remove the cottonwood trees that the owls habitat in. He added that he is not sure that they are on the applicant's property line. Mr. Brammer said that they were aware that the property had carrying rights but based on the research that their attorneys conducted the carrying rights were super junior so that is why they looked at other options. With regard to the drainage of the site, they did submit a drainage report and found that there was no impact to the neighboring properties or the ditches. Mr. Brammer added that they do have lead based solar panels; however, it is the same amount as what is in a shotgun slug. He added that in order for the lead to be released into the water or ground the panel would essentially have to explode for it to break into little chunks and he has not seen any sort of event that would cause a panel to explode, unless done intentionally. Mr. Brammer said that there is an existing transmission line that is along the field and this facility will be connected to that line. During construction there will be 10 to 15 cars per day but will last four (4) months 4 and then they will only access the site as needed to maintain the land. He added that they will comply with all the Weld County setbacks. Mr. Brammer said that they don't have a plan for flies, insects and manure as they didn't think about that, but added that they will have a plan to account for that. With regard to the remaining property Mr. Harring has to the west, Mr. Brammer said that he is not sure what his plans are. Commissioner Holland asked if they are aware of the protection of Bald Eagles. Mr. Brammer said that there is a Bald Eagle and Golden Eagle Protection Act and so for each one of their projects they have to look for an eagle nest within the surrounding area. He added that if there are active nests when they start construction then they can only start construction during times of the year outside of their nesting season. Mr. Holland asked if they are aware of bald eagles in the area. Mr. Brammer said that they have found nests but no active nests. Commissioner Holland asked staff if they were aware of the bald eagles in the area. Mr. Ogle replied no. Mr. Holland asked if this same concern applies to the owls in the area. Mr. Ogle said that the same applies to Burrowing Owls where there are certain periods of time during the course of the calendar year where they cannot be actively around construction. Commissioner Edens asked if there has been a process to divide the property. Mr. Ogle said that Mr. Harring elected to vacate Lot B of the Recorded Exemption and then split it by deed and created two (2) 35 -acre parcels. Both are legal and buildable parcels. Ms. Edens said that the County records show that it is taxed as flood irrigated ground. Mr. Ogle said that is according to the Assessor's record, however it is not classified by the Planning Department. Commissioner White said that normally in these cases the solar facility is leased; however, because the applicant's will be the landowners and in 20 years when the solar farm is no good anymore there is no landowner to answer to clean this up and asked what control does the county have to enforce it. Ms. McDougal said that the mechanisms for enforcement are still the same because the bond that is issued will be easier to find. She added that whether they own or lease the land, it doesn't change the enforcement we have at the end of the life span. The Chair said that the purpose of the bond is if the applicant defaults, it would take care of the decommissioning of the project. Commissioner Wailes said that he is concerned about the wildlife and asked if a response was received from the Colorado Parks and Wildlife (CPAW). Mr. Ogle said that a referral was sent to them; however, they did not respond. Commissioner Palizzi said that CPAW has online maps and added that he is currently looking at a map that doesn't show anything within that entire section related to eagles' nests. Commissioner Palizzi asked the applicant that if they are able to cross that ditch how they plan to do that. Mr. Brammer said that the plan would be to install a culvert that allows water to move freely through it and build a line that is tall enough to connect to the grid. Mr. Palizzi said that his experience in working with ditch companies is not that easy and referred to their letter that you need to prove no drainage enters their ditch. Mr. Brammer said that this is addressed in their drainage report. Commissioner Palizzi asked if he has had success with all these concerns in their other solar projects. Mr. Brammer said that a lot of their projects are too early to tell, but early signs are promising. They had a project in Sterling that they just wrapped up and the pasture is looking good at the moment. He added that they haven't had any negative impacts on any of their projects and have been able to keep pasture land going. Commissioner Hatch referred to the Miller home and asked what the distance is from where the proposed solar facility is to their property. Mr. Brammer said that from the fence line it is approximately 200 feet to the residence and approximately 1000 feet to the inverters. Mr. Hatch asked if any of their other projects have been this close to residential properties. Mr. Brammer said that they have a property within the Town of Milliken where they were 25 feet from a residence. 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 USR23-0005 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Butch White, stating that it violates Section 23-2-220.A.2 by taking productive farmland out of production and it does not meet Section 23-2-220.A.3 as it is not compatible with the existing surrounding land uses, Seconded by Sam Gluck. Commissioner Holland agreed with the recommendation and added that he believes it is also not compliant with Section 23-2-220.A.6 relative to properly conserving prime agricultural land in Weld County. Commissioner Wailes questioned if that particular parcel is designated as prime farmland. Commissioner Palizzi referred to the staff recommendation where it is stated that no prime land has been taken out of production. Commissioner Palizzi referred to Section 23-2-220.A.2 where it states that "The Agricultural Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agricultural and agricultural production, and for areas for natural resources extraction and energy development without the interference of other, incompatible land uses." He said that this is energy development and in his opinion it is compatible. Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0). Yes: Butch White, Elijah Hatch, Pamela Edens, Sam Gluck, Skip Holland. No: Michael Palizzi, Michael Wailes. Commissioner Hatch stated that he is voting for denial not necessarily for the reason of taking it out of prime land. He added that he is favorable to solar and operates a solar business but in this situation he is not sure that it is compatible with the surrounding land use of the individuals that are there. The Chair called a recess at 3:15 p.m. and reconvened the hearing at 3:27 p.m. Case Number: COZ22-0014 Applicant George L. Sandberg Irrevocable Trust, c/o Jeff Winter Planner: Diana Aungst Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Legal Description: Lot A and Lot B of Lot Line Adjustment, LLA22-0004; being part of the SW1/4 of Section 12, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 46; approximately 0.25 miles west of County Road 35.5. Sam Gluck stated that he is familiar with the applicant but has no financial benefit. Mr. Wailes also said that he knows the applicant but has no financial benefit. Diana Aungst, Planning Services, presented Case COZ22-0014, reading the recommendation and comments into the record. 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 Jeff Winter, 17215 CR 46, LaSalle, Colorado, stated that they are operating an RV storage facility and added that they warehouse corn seed and some alfalfa seed. He added that Mosquito Joe also has offices out of this location and stores their vehicles in the storage lot. Mr. Winter said that he cannot expand the RV storage without changing the zone and that is the primary purpose of this application. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Doug Printz, 23557 CR 37, stated that he is the adjacent property owner to the east. He isn't opposed to the application but is concerned about the traffic. He referred to County Roads 35 and 46 and added if it 6 changes due to the railroad closure that will put all the traffic east on County Road 46 if they are not able to realign that intersection. Additionally, Mr. Printz stated that there are two (2) accesses to the property and one of them is an oil and gas access. He asked if when those wells go away will that eliminate that access being oil and gas. Mr. Winter said that he attended a meeting with Weld County about how they are going to realign that interchange but can't speak to the progress of it. Ms. Aungst stated that Weld County Public Works is working on this and understood that they are working with the Dinner family who owns property south of County Road 46 to realign County Road 46. She added that the wheels are in motion. Commissioner Hatch referred to the access concern. Melissa King, Development Review, stated that there are two (2) permitted accesses for these parcels and both could be converted and upgraded to new types of access depending on how they would be used. She added that an application would have to be submitted but the access point is already there. Ms. King said currently the quality of the existing road meets the Change of Zone standards. She added that with regard to the upgrades they are looking to improve that turn. Ms. Aungst stated that there are three (3) oil and gas wells on the property. She looked at the status and added that the portal identifies them as temporarily abandoned but the status states that they are active. She said that it is hard to say if they will come back to redrill or plug and abandon them. Mr. Winter said that he had talked to the previous landowners and they said that they had been contacted by the oil and gas company stating that they were going to take the three (3) wells out. He added that there wasn't a specific time frame. Mr. Winter said that the oil and gas company did contact him and inquired if he had any type of construction plans and if they needed to accelerate their plans. He noted that he had witnessed that one of the wells have been pulled. 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 COZ22-0014 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 Butch White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland. Case Number: USR22-0034 Applicant: Clarke and Kristine Stoesz Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for a Campground outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Lot B Recorded Exemption RE -2682; being part of the NE1/4 of Section 32, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 5; approximately 0.5 miles north of County Road 38. Michel Wailes stated that he knows the applicants but has no financial gain and believes he will be impartial to this case. Kim Ogle, Planning Services, presented Case USR22-0034, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Commissioner Edens asked if the request is only for two (2) tiny homes. Mr. Ogle replied yes. Clark and Kristine Stoesz, 18519 CR 5. Ms. Stoesz stated that they operate a non-profit organization for Ukraine and have adopted four (4) children from Ukraine. She added that she has an interior design 7 background and they have a fascination with tiny homes so they decided to do one (1) tiny home and advertised on Airbnb. Ms. Stoesz said that 20% of their profits go to their non-profit organization. Ms. Stoesz said that the tiny homes are professionally built and are NOA certified. She said that the average stay is three to four days and added that they are always present on site or have a caretaker that would be on site. Mr. Stoesz said the area is secluded and there are no impacts to other neighbors. He added that he has had neighbors supply letters of support for the record. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Bill Bromley, 18581 CR 5, stated that he is the closest neighbor to the west. Mr. Bromley said that it is a very pleasing setting to see how they maintain the property. He added that the people that have stayed there are not loud and would highly recommend places like these in Weld County. He is in favor of the campground status for these two (2) tiny homes. Commissioner Gluck asked if they plan to expand with more tiny homes in the future. Mr. Stoesz said that they do not plan to have any more tiny homes as they want to keep it small. The Chair asked the applicants if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicants replied that they are in agreement. Motion: Forward Case USR22-0034 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, Sam Gluck, Skip Holland. 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 4:10 pm. Respectfully submitted, Kristine Ranslem Secretary 8 Hello