HomeMy WebLinkAbout20223564.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2022
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 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall, Maxwell Nader, and Jim Flesher, Department of
Planning Services; Lauren Light, Department of Environmental Health; Karin McDougal, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
The Chair stated that the Agenda Order has changed. Ordinance 2023-01 will be heard as the first hearing
item.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2023-01
JIM FLESHER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE (FAMILY FARM
DIVISION).
Jim Flesher, Planning Services, gave an overview of the proposed code changes regarding family farm
divisions. The changes include removing the requirement for improvements on the property, the
requirement of 70 acres minimum to apply, and increasing the maximum size of the smaller of the two
resulting lots from 7 to 10 acres.
Commissioner Wailes said he was told staff received an email earlier today. Max Nader, Planning Services,
explained that an email was received from Agprofessionals requesting to increase the maximum size of the
smaller lot, Lot A, to 34.9 acres making it more flexible for other agricultural uses. Staff is proposing that
the maximum for the smaller lot be increased from 7 acres to 10 acres. Lot A is intended for residential
improvements, leaving Lot B for farming. Mr. Nader forwarded Agprofessional's email to Ms. McDougal for
the record.
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance.
No one wished to speak.
Motion: Forward Ordinance 2023-01 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Michael Palizzi, Seconded by Sam Gluck.
Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).
Yes: Elijah Hatch, Michael Palizzi, Sam Gluck, Shana Morgan.
No: Michael Wailes.
Commissioner Wailes stated he voted no because he did not get a chance to review the email from
Agprofessionals.
CASE NUMBER: USR22-0025
APPLICANT: ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT.
LEGAL DESCRIPTION: BEING PART OF THE N2S2 AND SW4SW4 OF SECTION 3, T4N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 48.5; APPROXIMATELY 0.25 MILES
WEST OF STATE HWY 257.
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Commissioner Wailes stated that he knows Mr. Griffiths personally but that he is not involved with this
project from any standpoint.
Diana Aungst, Planning Services, presented Case USR22-0025, reading the recommendation and
comments into the record. Staff sent notice to 7 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Zach Brammer, 408 Melba Road, Sterling, Colorado. Mr. Brammer stated that the Griffith 2 Solar Project
is proposed to be 5MWac on 22 acres of a 90.42 -acre parcel. He said the facility will produce 12,240,000
kWh annually, which is equivalent to the annual electricity consumption of about 1,600 homes Mr. Brammer
said that users of the service do not have to put any money down; they just have to subscribe to the service
to receive approximately a 5 -percent discount on their electricity.
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 USR22-0025 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 Sam Gluck, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
CASE NUMBER: USR22-0029
APPLICANT: JULIE WALKER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 11%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 1, BLOCK 3 OF CASAGRANDE ESTATES; BEING. PART OF SECTION 17,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO DEL COMMUNDO LANE; EAST OF AND
ADJACENT TO SIERRA VISTA ROAD.
Kim Ogle, Planning Services, presented Case USR22-0029, reading the recommendation and comments
into the record. Staff sent notice to 27 surrounding property owners within 500 feet of the proposed site.
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.
Commissioner Wailes asked staff if there is a current violation on the property. Staff responded that there
was not. Mr. Ogle explained that the applicant is requesting to construct a building that will exceed lot
coverage by 300 square feet.
Julie Walker,9712 Sierra Vista Road, Longmont, Colorado. Ms. Walker stated that they would like to build
a barn that will be used for storage.
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 USR22-0029 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 = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
CASE NUMBER: USR22-0027
APPLICANT: CBEP LAND 2, LLC; CIO CBEP SOLAR 2, LLC AND CBEP SOLAR 8, 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 (AGRICULTURA) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE W2 OF SECTION 34, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 64; APPROXIMATELY 1,320 FEET EAST
OF CR 43.
Kim Ogle, Planning Services, presented Case USR22-0027, reading the recommendation and comments
into the record. The property is within 500 feet of 14 parcels, with 6 homes, with the solar facility footprint
located within five hundred feet of 4 homes, specifically west of and north of the solar facility footprint. As
part of the application process, Weld County provided notice to these property owners, 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.
Zach Brammer, 408 Melba Road, Sterling, Colorado. Mr. Brammer explained that the Bickling Solar
Projects will consist of 2 projects: 1 MWac and a 2.375 MWac. The solar projects will be on approximately
17 acres of a 40.13 -acre property. He said that both projects combined together will produce enough
electricity for about 1,100 homes as part of Xcel Energy's Solar" Rewards Community Program.
Mr. Brammer said that because this property is dryland they will be planting a native dry land seed mixture.
He said sheep will be brought on the property about once a year.
Commissioner Palizzi reiterated with the applicant that the project would save 1,100 consumers 5 to 10
percent on their electricity, not 1,100 homes at 100 percent coverage. Mr. Brammer said that is correct.
The Chair asked Mr. Brammer who holds the surety bonds and how does the applicant know that company
will still be in business after 20 to 50 years. Mr. Brammer explained that they use creditable insurance
companies, and the policies have to be updated every 5 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Barb Hetzel, 22573 County Road 49, LaSalle, Colorado. Ms. Hetzel asked with all the solar facilities going
up, how do they know there will be enough people to buy into the program with only a 5 to 10 percent
savings.
Linda Berig, 21389 County Road 62, Greeley, Colorado. Ms. Berig asked how the project would affect her
property values. She said she has worked two jobs in order to live in a home in the country and does not
wish to look at solar panels. Ms. Berig said she is concerned about solar fires that could endanger her
property.
Chris Garcia, 21389 County Road 62, Greeley, Colorado. Mr. Garcia said he was concerned losing their
view to the west. He said his dog likes to run through the corn field and said if there are sheep on the
property then his dog won't be able to.
Mr. Brammer addressed the public concerns. He said the area where the project will be located is about
2500 feet away from the neighbor's fence line and doesn't think they will be able to see it or hear it. He
said they don't plan on doing anything with the bottom 35 acres, so the dog should be able to continue
running through the field.
Mr. Brammer said they will not be using batteries on the solar panels. The fire risk is low by not using
batteries. The solar panel units are designed to shut down if they get too hot.
The Chair asked if the native grass will be planted on the entire property. Mr. Brammer replied that it will
for sure be planted in the project area and most likely the whole property.
Mr. Brammer addressed the concern about property values. Her said there has been quite a few studies
done which have shown no negative impact to adjacent properties.
Mr. Brammer said that users of the service do not have to put any money down; they just have to subscribe
to the service to receive discount on their electricity. He said they have not had any issues with getting
enough subscription users.
Commissioner Gluck asked what kind of fence will be put up. Mr. Brammer replied that there will be a 6 -
foot wood fence around the project area, not the entire property. There will be a 7 -foot security fence
around the solar panels.
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 USR22-0027 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 Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
The Chair called for a recess at 1:43 p.m. and the hearing reconvened at 1:50 p.m.
CASE NUMBER: COZ22-0011
APPLICANT: R&N PROPERTIES LLC
PLANNER: MICHAEL HALL
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B OF RE -1300; BEING PART OF THE N2SE4 OF SECTION 22,
T1 N, R68W OF THE 6th P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO INTERSTATE 25 FRONTAGE ROAD;
APPROXIMATELY 0.25 MILES NORTH OF CR 6.
Michael Hall, Planning Services, presented Case COZ22-0011, reading the recommendation and
comments into the record. Staff sent notice to 9 surrounding property owners within 500 feet of the subject
parcel. No responses were received back. The Department of Planning Services recommends approval
of this application along with conditions of approval and development standards.
The Chair reiterated with Planning Commissioners and audience that discussion about this case be relevant
to the Change of Zone only.
Commissioner Palizzi asked staff if both Lots A and B are proposed to change. Staff responded that is
correct.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nate Hewson, 2794 Heron Lakes Parkway, Berthoud, Colorado. Mr. Hewson represents R&N Properties,
LLC. Mr. Hewson thinks the 12 zone is compatible with other surrounding uses and the fits with the Town.
of Erie's future plans.
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 recommends that Condition of Approval 1.C. and 1.D. be relocated under Condition of Approval 2 and
reletter as 2.D. and 2.E.
Motion: Amend Resolution as recommended by staff, Moved by Michael Wailes, Seconded by Elijah
Hatch. 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 COZ22-0011 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 Sam Gluck, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
CASE NUMBER: COZ22-0003
APPLICANT: MARTY MATCHETT
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B RE -4193; BEING PART OF THE SE4NW4 SECTION 30, T6N, R66W OF
THE 6th P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64.5; APPROXIMATELY 0.55 MILES EAST
OF CR 23.75.
Diana Aungst, Planning Services, presented Case COZ22-0003, 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.
The Department of Planning Services sent notice to twelve (12) surrounding property owners within 500 -
feet of the subject property and received ten (10) responses. Two (2) surrounding property owners inquired
about this Change of Zone but did not express concerns. Seven (7) surrounding property owners and the
Pastor of the Bethel Lutheran Church in Windsor provided letters that outline concerns about noise, weeds,
air pollution, light pollution, traffic, the turning radius of the RVs and the potential for accidents, loss of views
to the west, unpleasant aesthetics (eye -sore), potential lack of proper screening, safety and security of the
homes in the area, increase in crime, loss of prime agricultural land, the need to protect agricultural lands
for future generations, the need to protect small businesses, decrease in property values, potential non-
compliance with FEMA's floodplain requirements, negative impacts to the physical and emotional wellbeing
of the community. Additionally stating that the proposed use, RV and boat storage, is not compatible with
the surrounding land uses and that the agricultural experience (agritourism) of the Tigges Farm will be
diminished. The Whitney Irrigation Company (exhibit #6) stated that there is an easement for the ditch along
the northern property line and that fencing and storage of vehicles should be setback thirty (30) feet from
the centerline of the ditch. These letters were provided to the applicant between November 13 and
December 3, 2022. The applicant indicated that he had received the letters, but no other response has
been received.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Wade Hill, 8952 Gander Valley Lane, Windsor, Colorado. Mr. Hill is representing Mr. Matchett. He said
Mr. Matchett would like to have a business on his property. He tried growing pumpkins and hemp on his
agricultural property, but since he does not own the water it was not profitable. The applicant's property is
in the path of commercial, industrial and residential growth.
Mr. Hill began to share a slide presentation about an RV storage facility being proposed on his property.
Mr. Hill said Mr. Matchett is aware of the concerns of the individuals who filed objections against the Change
of Zone and plans to mitigate the issues.
The Chair explained to Mr. Hill that this case is for a Change of Zone and not any potential Site Plans. Mr.
Hatch asked him to discuss the specifics of the Change of Zone.
Mr. Hill said the applicant's property is located within a quarter of a mile away from the Great Western
Railway and within the Weld County Opportunity Zone.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dana Christensen, 12269 County Road 64 %2, Greeley, Colorado. Ms. Christensen said that she has lived
on her property for 21 years. She said her property is in a residential and agricultural area. Ms. Christensen
voiced concerns about her safety, decreases in her property value, and the increase in traffic. She said
that the Poudre River Learning Center was considering locating the largest reflecting telescope in Colorado
in their area and she would hate to have this interfere with the telescope project.
Kathy Rickert, 12425 County Road 64'/2, Greeley, Colorado. Ms. Rickert pointed out that her home is at
the end of the access easement road shared with Mr. Matchett. They have had people come to their door
questioning the parking of vehicles on the applicant's property because people assume the vehicles are
theirs. She has concerns about safety and financial security. She wants the zoning to remain agricultural.
Ms. Rickert shared how many animals and people they are able to feed and help by farming their property.
She does not feel it is right to allow one person out of their community to change their zoning to commercial.
Lewis Lowe, 12549 County Road 64'A, Greeley, Colorado. Mr. Lowe has lived on his property for 27 years.
He chose his property because it was zoned agricultural. Mr. Lowe has a hobby farm and enjoys growing
crops. He opposes commercial zoning and would like the properties to stay zoned agricultural.
Curtis Rickart, 12425 County Road 64'/2, Greeley, Colorado. Mr. Rickert is strongly against the Change of
Zone to commercial and wishes to keep property zoned agricultural. He shared the following quote, "No
Farms, No Food."
Sandra Miller, 12242 County Road 66, Greeley, Colorado. Ms. Miller said that she attended a floodplain
meeting and was told that a significant amount of her property was in the 100 -year floodplain. She
wondered if the applicant's property has been addressed about being in that 100 -year floodplain area.
Ken Tigges, 12406 County Road 64 %2, Greeley, Colorado. Mr. Tigges has the "Tigges Pumpkin Patch" on
his property. He sells pumpkins and chilies from his farm. Mr. Tigges thanked the Planning Commissioners
for the right for people to address their opinions, whether opinions are pro or con. He said that he is
concerned about potential future litigation due to issues that happen when farming. The product that is used
when crop dusters spray arial applications is latex based. Mr. Tigges is concerned that he could potentially
end up liable for overspray that ends up on the commercial property.
Judy Firestien, 31127 County Road 27, Greeley, Colorado. Ms. Firestien does not believe this change of
zone is compatible with the surrounding land uses. The Bracewell neighborhood has come together with
their concerns and circulated a petition opposing the change of zone. The petition has been signed by 194
neighbors and concerned citizens.
Kevin Shumaker, 12710 Shiloh Road, Greeley, Colorado. Mr. Schumacher said that he has been a real
estate agent for 29 years and is the President of the Bracewell HOA. He said based on his experience of
being in residential real estate, putting a commercial zoned area in the middle of a residential area will have
a negative impact. Mr. Schumacher is concerned about what could potentially go onto the property because
the applicant's property already looks like a junkyard. He said that the applicant has had a prior violation
on his property.
Mr. Hill responded to the concern of property values. He said they do not have any statistics at this point in
time. Mr. Hill said that the applicant received a violation in 2019 due to parking vehicles and has since
screened the vehicles and is now in compliance. He said they plan to comply with all the County regulations
which should address all the concerns.
Mr. Hill said they did a floodplain study on the property. He said the west side of the property falls in the
FEMA floodplain and they would need to add an inch of gravel to the west side of the property to address
the floodplain. Ms. Aungst said that this type of floodplain is very shallow and by adding an inch or two of
gravel, it should correct the grade to be above the floodplain.
Mr. Hill reiterated that the property is located within a quarter of a mile away from the Great Western Railway
and within the Weld County Opportunity Zone. He said they anticipate that the Ag properties to the west
will request commercial or industrial zoning. Great Western and Probuilders are two of the property owners
and because of water issues, Mr. Hill foresees they will choose to rezone.
Commissioner Gluck said this type of hearing is hard. While one property owner doesn't want something
different in their backyard, the other property owner wants the right to do what their property is zoned for.
He explained that the Planning Commissioners are volunteers, and they have to discern between emotions
and property rights. Mr. Gluck said the Planning Commission makes a recommendation to the Weld County
Board of Commissioners. The BOCC makes the final decision. Mr. Gluck thanked everyone for the
opportunity to serve the constituents.
The Chair agreed with Mr. Gluck's comments and said that the Planning Commission's decision is a
recommendation, not a final decision. He recommended that public speak at the Weld County Board of
Commissioner's meeting as well.
Commissioner Wailes said the public should not get discouraged with the Planning Commission's
recommendation but attend and share their comments at the Board of County Commissioner's hearing.
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.
Commissioner Morgan said that she shares the same sentiment as the other Planning Commissioners.
She said it seems like a mixed area with commercial, industrial agricultural and residential going on. Ms.
Morgan said it appears to be an area in transition. Based on the proximity to' the railway, being in the
Opportunity Zone, and the County Comprehensive Plan, the Planning Commission has to consider the
Change of Zone to Commercial. She pointed out that even the Agricultural zone allows the rights to do
some things that neighbors may not like. Ms. Morgan said this case is a tough decision.
Motion: Forward Case COZ22-0003 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 Sam Gluck, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
Commissioner Gluck made a comment to take into consideration the agricultural component and the
complexity of the area. The area has everything from Vestas, Martin Marietta, pumpkin farms and people's
homes.
The Chair said this is a very important decision and that he sympathizes with everyone who attended today.
The decision today is on a Change of Zone and the Planning Commission's decision has no bearing on
what actually happens on the property. A Change of Zone does fall within the guidelines that the County
has set forth.
The Chair encouraged the public to attend the Weld County Board of County Commissioner hearing for this
case. Ms. Aungst shared that the hearing will be heard on January 4, 2023, at 10:00 a.m., in this room.
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 3:06 pm.
Respectfully submitted,
Michelle Wall
Secretary
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