HomeMy WebLinkAbout20203318.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3, 2020
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 12:30 pm.
Roll Call.
Present: Gene Stille, Tom Cope, Lomie Ford, Elijah Hatch, Skip Holland, Dwaine Barclay, Sam Gluck,
Butch White, Troy Mellon.
Also Present: Diana Aungst, Angela Snyder, Maxwell Nader, and Tom Parko, Department of Planning
Services; Lauren Light, Department of Health; Mike McRoberts and Melissa King, Department of Public
Works; Bob Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the October 20, 2020 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER: USR2D-0017
APPLICANT: TEN SLEEP INVESTMENT GROUP, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (THE PARKING,
STAGING AND STORAGE OF EQUIPMENT: SCRAPERS, DOZERS, ROAD
GRADERS, COMPANY VEHICLES, SEMI -TRUCKS, AND ANCILLARY
EQUIPMENT FOR PRODUCTION UNIT SET UP (OIL AND GAS WELL PAD SET-
UP) AND MAINTENANCE); A ROUSTABOUT; FOUR (4) CARGO (CONEX)
CONTAINERS; AND THREE (3) 40 -FOOT BY 60 -FOOT STORAGE AND
MAINTENANCE SHOPS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWINSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -683, PART NE4NE4 SECTION 3, T4N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 400 FEET
WEST OF CR 57.
Diana Aungst, Planning Services, presented Case USR20-0017, reading the recommendation and
comments into the record. Staff received one letter from a surrounding property owner, dated September
29, 2020, expressing concern with views, noise, safety, traffic and property values. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Ford asked staff if there was enough room for a semi -truck to make a righthand turn onto
the property. He said he noticed there is currently a fence there and is concerned there is not enough
radius. Staff responded that the applicant will need to build the access wide enough to be able to manage
the types of vehicles that will be using it.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Rick Miller, 27808 County Road 50, Kersey, Colorado. Mr. Miller stated that he resides on the property.
He said his business is a smaller oil and gas service company that builds pads for wells. Mr. Miller said
they are looking for a place outside of the City to park their equipment. They have an office in Greeley that
they plan to keep. Mr. Miller said they have a shop in Greeley that they may or may not keep depending
on how busy they are. He said most of their equipment is out on job sites most of the time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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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 USR20-0017 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 Tom Cope, Seconded by Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, ElJah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
CASE NUMBER: USR2D-0027
APPLICANT: JAMES JOHNSON
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN ACCESSORY BUILDING WITH GROSS FLOOR AREA
LARGER THAN FOUR (4) PERCENT OF THE TOTAL LOT AREA IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS 7, 8, AND 9, BLOCK 20 OF THE CARR TOWNSITE; BEING PART OF
SECTION 27, T11 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO MCGUIRE AVENUE; APPROXIMATELY 189
FEET WEST OF 5TH STREET.
Angela Snyder, Planning Services, presented Case USR20-0027, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Holland asked what the size lot the property is. Staff responded that the property is .77
acres and the building would take 5% of the total lot area. Commissioner Holland asked if the property is
in a subdivision. Ms. Snyder said it is in a historic townsite, so it is viewed as a subdivision created prior to
1961 and prior to subdivision regulations.
Commissioner Mellon asked what the size of the requested structure is. Ms. Snyder replied it is 1,200
square feet.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Mellon asked staff if they are requesting an access permit to access the Weld County Road.
Staff responded that they are requesting an access permit for access to Weld County Road 19 1/2. Mr.
Mellon asked if the access was on McGuire Avenue. Ms. King responded that McGuire Avenue is the right-
of-way, but it is not maintained by Weald County. She explained that access permits are required to access
maintained Weld County road access points.
Commissioner Mellon asked if the USR property to the south of the applicant had to request an access
permit for access to Weld County Road 19 1/2. Ms. King said she does not see that in her records but
would need to research the reason why. She said she does see other properties in that area have obtained
access permits for Weld County Road 19 1/2. Commissioner Mellon expressed concern that the applicant
is being held to a different standard than the property owner to the south.
The Chair asked Ms. King to explain the access permit process and asked if there is a fee. Ms. King
explained there is an application that has to be completed by the applicant. The applicant will need to
provide Public Works with photos taken from all directions from their access point to prove site visibility and
safety. Ms. King said a fee is normally required for a new access point but if there is an exiting access
point, the fee can be waived.
Commissioner Cope referred to the aerial map. He said it seems odd that since the historic townsite is
considered a subdivision that access to the streets and roads that are already established are required.
Ms. King explained that often times roads in this prospective will seem established, but they are privately
maintained. Access points are onto maintained Weld County road sections.
Ms. King said she pulled up the Public Work's referral to the USR that was done in 2018 for the southern
parcel that Mr. Mellon asked about. She said the referral did require an access. Ms. King said that perhaps
the property owner has not applied for the access yet or that there was not a building associated with the
USR. She said that new building pernnits require an access permit prior to building.
Commissioner Mellon reiterated that still seems that the applicant is being held to a different standard
than the USR to the south was held to. Mr. Mellon said if neighbor's 2018 USR map was recorded without
an access permit, then it seems that the precedence has been set in this area that an access permit is not
required. Ms. King explained that access permits are issued at the time of building permits and would not
be required to be on the recorded USR map.
Commissioner White shared that whenever he does any building, he is required to apply for an access
permit. If there is already an existing access in place, he doesn't have to do anything. He explained that
he doesn't feel the applicant is being asked to do anything out of the ordinary.
Commissioner Holland stated that if he was the property owner, he would want to make sure he had an
access point for his use. He said he feels it is very important for the new people to have access to the
County Road.
Commissioner Mellon explained his position is if the County issued a building permit to the neighbor to the
south without requiring an access permit, then this applicant should be treated the same unless there has
been a change to the subdivision development standards since 2018.
Commissioner Barclay asked staff if the neighbor's access permit was missed in error or if it was not
required for that particular USR. Ms. King said she is researching the case and trying to figure out if perhaps
it was an existing building that was brought into code with the USR. Commissioner Barclay confirmed with
Ms. King that new construction is the trigger of the access permit requirement.
Commissioner Cope suggested that when the applicant comes up to the podium, the Planning Commission
could discuss the access permit with them. He mentioned that the County can request the access permit
fee be waived, if there is concern about fairness.
The Chair agreed that the meeting move forward at this time.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Ms. King addressed the Planning Commission with her findings on the 2018 USR in question. She said
the neighbor had three existing storage sheds that caused them to exceed the 4% rule. Public Work's
referral did require them to get an access permit, but because the property owner never came to get a
building permit, they were not enforcers to do it.
Commissioner Mellon stated he finds it frustrating that if the County requires something for a permit, it is
not followed up on.
James Johnson, 9349 McGuire Avenue, Carr, Colorado. Mr. Johnson said he is proposing to build a garage
for residential use. He wants to park his vehicles in the garage and have a shop area. Mr. Johnson
expressed he wasn't sure what the benefit of having an access permit was. He explained he owns the
property himself and has to request time off from work to go to the County offices to submit the required
paperwork.
Commissioner Gluck said that since tie applicant lives in a rural area and lives at the end of the road, he
doesn't understand why an access permit is required to a county road.
Commissioner Cope asked Ms. King why each of the eight properties along McGuire Avenue, are required
to have their own access to the County Road. Ms. King explained that County Code requires each parcel
in Weld County has to have an access permit onto a maintained road. Access permits are triggered and
required before any building permits. Ms. King said that with regard to new subdivisions or similar
properties, they are given one access onto the maintained road for the entire subdivision. She said because
this parcel is in a historical townsite, each parcel needs an access onto Weld County Road 191/2. Ms. King
explained that if any of the property owners come in for a land use permit or building permit, it will trigger
them to be required apply for an access permit. She said that access permits can be submitted online.
Public Works would then get in contact with the applicant and would discuss whether any fee is required.
Mr. Choate, Weld County Attorney, explained Section 8-14-30, Regulation of Access onto County
Roadways of the Weld County Code. He said that the access permit is required for documentation
purposes for historic accesses. The Access Permit code started in 2010. Mr. Choate said there is no
charge for documenting historic access points. He said the applicant will only need to provide the photos
of the access point and submit the application and photos online. Mr. Choate explained that access permits
are in the code, it is not the discretion of the Planning Commission to remove this requirement.
Commissioner Cope said the applicant will need to take photos of his access from McGuire Avenue onto
Weld County Road 19 1/2, the photos are not actually from his property. Ms. King said that is correct.
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 USR20-0027 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 Skip Holland, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Commissioner Holland said he felt staff did a great job of supporting code and he felt the applicant meets
the criteria in Sections 22 and 23 of the Weld County Code.
The Chair called a recess at 1:16 pm and reconvened at 12:24 pm.
CASE NUMBER: USR20-0026
APPLICANT: JOEL VELASCO
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE (OUTSIDE
STORAGE OF OIL FIELD SUPPORT EQUIPMENT AND SUPPLIES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX19-0044, BEING PART OF THE NE4NE4 SECTION
10, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 36; WEST OF AND ADJACENT TO CR 33.
Maxwell Nader, Planning Services, presented Case USR20-0026, reading the recommendation and
comments into the record. Staff received one letter in opposition from a surrounding property owner. The
neighbor is concerned about the screening and the eye sore of the future storage area. The Department
of Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light recommends a change to Development Standard 13
that she will address at the appropriate time.
The Chair asked staff is this site is in violation. Mr. Nader replied that it is not. Commissioner Hatch asked
if the facility that is visible in the slideshow was not part of this application. Mr. Nader responded that is
correct. The facility that is visible is a permitted site, USR19-0045.
Commissioner Ford asked staff to show the site layout. Mr. Nader showed the map that the applicant
submitted. The map will be more detailed throughout the USR process. Mr. Nader said the applicant could
explain where he plans to store items. Commissioner Ford asked about the equipment visible in the
slideshow. Mr. Nader explained that is a different property and this site is directly adjacent to the east of
USR19-0045. The existing access point will be utilized. The applicant will need to get an access
agreement.
Joel Velasco, 16955 County Road 33, Platteville, Colorado. Mr. Velasco said his goal is to store incinerators
on the property, He explained that some of the neighbors he has spoken to are concerned about air quality
because they live close to the gas plant. Mr. Velasco said that incinerators are green technology and they
reduce emissions.
Mr. Velasco feels that having the incinerators stored close to a gas plant is fair for that reason. He said
hauling the incinerators to the gas plant will be cheaper and easier since it is close by.
Mr. Velasco said he went door to door to visit with his neighbors and explain his plan. He gave the neighbors
his contact information so that if they had any concerns, he could address them beforehand.
Commissioner Holland asked the applicant to explain how the incinerators will be stored. Mr. Velasco
explained that the project would be ground storage of the incinerators. He said that a crane and special
trailer are used to move the incinerators. Commissioner Holland asked the applicant for the dimensions of
an incinerator. Mr. Velasco said the incinerators are ten feet wide, thirty-five feet tall and hollow. The
applicant plans to store the incinerators horizontally. Commissioner Holland asked Mr. Velasco how long
he anticipates storing each incinerator. Mr. Velasco said his goal would be to have them all out being used
in oil fields; he however cannot say for sure.
Commissioner Gluck asked the applicant if he plans to screen the site and if so, what the dimensions are
of the screening. Mr. Velasco said he plans to put up a six-foot fence. Commissioner Gluck mentioned the
ten -foot incinerator would not be hidden by a six-foot fence.
Commissioner Cope asked Mr. Velasco what the maximum number of incinerators he could have stored
on the property at one time is. Mr. Velasco said approximately twenty.
Commissioner Gluck asked if the crane or trailer would be stored on site. Mr. Velasco replied the equipment
is stored at the adjacent property where USR19-0045 is located.
Commissioner Ford asked the applicant if there is any residue on the incinerators after they have been
used for emissions. The applicant responded no. Commissioner Ford asked if the main concern of
neighbors is the visual impact. Mr. Velasco described the oil and gas plant is also visible from the property.
The Chair asked the applicant to show where his house is located on the property. Mr. Velasco pointed it
out on the map.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robert Lorentz, 16771 County Road 33, Platteville, Colorado. Mr. Lorentz stated that they are the
neighbors to the south of the applicant' property. The property backs up to his pasture. He is concerned
about the eye sore of the storage facility from his property. Mr. Lorentz said they are in the process of
trying to sell their property. He said that people who have looked at their property make comments of the
eye sore to the north. The Chair asked Mr. Lorentz if he was referring to the existing USR19-0045. Mr.
Lorentz said yes.
Mr. Lorentz said there is an industrial park located on County Road 33 and Highway 85 that he feels would
be a better location to have the storage facility then on agricultural land.
Commissioner Gluck asked Mr. Lorentz if he farmed his property. Mr. Lorentz said they have goats in their
pasture, and they do not grow crop.
Commissioner Barclay asked the applicant if the oil plant or existing USR were there when they purchased
the property. Mr. Lorentz said no.
The Chair asked the applicant to address the concerns of the public comment.
Mr. Velasco said it is very important to him to respect his neighbors and community. He reached out to
his neighbors to find out what their concerns are. Mr. Velasco said he understands the concern of the eye
sore, but the reality is the oil and gas plant and other facility is already there. He feels that this proposed
site would be compatible with the existing surroundings.
Commissioner White asked the applicant if he has considered the industrial park. Mr. Velasco said the
industrial park is full. Mr. Nader confirmed that all the lots are occupied.
Commissioner Mellon asked the applicant if they could cover the incinerators to help screen them. Mr.
Velasco said that the incinerators are a neutral brown color. Commissioner Mellon suggested more thought
be put into the screening other than a six-foot fence that wouldn't cover a ten -foot incinerator.
Mr. Nader explained that Condition 3 of this USR is complete a site plan. Within that Condition, the applicant
must adhere to landscaping. Mr. Nader said that he will work with Mr. Velasco to create a landscaping plan
to screen the site. He said they will have to address the six-foot fence at that time since it will not cover the
view of the incinerators. Mr. Velasco mentioned he would also like to plant trees.
Commissioner Stille asked Mr. Velasco if he has irrigation to water trees. Mr. Velasco responded that his
well would cover that.
Commissioner Barclay said he agrees that this site would be compatible with the area.
The Chair asked staff if they have any changes with the Development Standards or Conditions of Approval.
Ms. Light recommended moving the first sentence of Development Standard 13 to the first sentence of
Development 14 and delete Development Standard 13.
Motion: Add the first sentence in Development Standard 13 to Development Standard 14 then Remove
Development Standard 13. Moved by Gene Stille, Seconded by Sam Gluck. 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 USR20-0026 to the Board of County Commissioners along with the Conditions of
Approval and Amended Development Standards with the Planning Commission's recommendation of
approval, Moved by Troy Mellon, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon.
Commissioner Mellon said he is on the North Range Air Quality Commission and he is in favor of emission
control.
Commissioner Holland recommended that the applicant consider berming around the site and then planting
trees. Commissioner Gluck mentioned there is property along County Road 46 where the berm covers the
visibility of the site.
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 2:06 pm.
Respectfully submitted,
Michelle Wall
Secretary
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