HomeMy WebLinkAbout20201522.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 19, 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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch,
Skip Holland.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Lauren Light, Department of
Health; Mike McRoberts, Melissa King and Zack Roberson, Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the May 5, 2020 Weld County Planning Commission minutes, Moved by Elijah Hatch,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR20-0004
APPLICANT: COLORADO LIBERTY PIPELINE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OIL AND GAS STORAGE FACILITIES (FOUR
(4) 200,000 BBL STORAGE TANKS, AND ASSOCIATED
APPURTENANCES) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A AND B OF RE -3171; BEING PART OF THE W2NE4 SECTION
26, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 0.25
MILES WEST OF CR 47.
Diana Aungst, Planning Services, presented Case USR20-0004, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) phone call was received with concerns in regard
to lighting. She added that a photometric plan was received from the applicant showing 0 -foot candles at
the property line and that the lights will not spill onto the neighboring properties. 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.
Chad Polak, Phillips 66, 3960 East 56th Avenue, Commerce City, Colorado, stated that there will be a
pipeline 720 miles long from Guernsey, Wyoming through their terminal facilities in Weld County and then
to Cushing, Oklahoma.
Mr. Polak said that the proposed tanks at the terminal facility in Platteville will be designed, constructed and
maintained to meet or exceed federal and state regulations. He added that they purchased a total of 80
acres, however, 40 acres will be developed for the proposed project. Mr. Polak stated that there will be two
200 mbbls storage tanks, an office/warehouse building, three mainline pumps, two vertical pumps, surge
skid and tank, two DRA skids which will inject fluid into the pipelines to help with viscosity, launch and
receiver and lighting and power will be provided by United Power.
Mr. Polak said that the well permit that they received from CDPHE expressly prohibits landscape irrigation.
He referred to Condition of Approval 1.E regarding the landscape/screening plan and asked that based on
the limitation from CDPHE that this item be removed. Additionally, he stated that they are close to existing
terminals that have no landscaping requirements but are fenced.
CoKKon;co-1— on5
6/1/20
1
2O2O -1S2 .
Commissioner Johnson asked if the pipeline is already installed. Mr. Polak said that they are working
through the LAP process currently.
Commissioner Cope asked if the pipeline can be continuous without having to store it. Mr. Polak said that
it is continuous and added that this facility will be a jump off for any type of crude. They will also have
additional connection points for other third -party shippers at this location.
Commissioner Cope asked if the electrical substation will be part of this permit. Mr. Polak replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream.
Commissioner Cope said that it doesn't appear the electric substation is shown on the USR site plan. Mr.
Polak said that site will include a power substation and provided a visual slide of where the substation will
be located.
The Chair referred to Condition of Approval 1.E. Ms. Aungst said that Staff would like to leave this condition
of approval in as there may be some landscaping that could be put in to soften the effect from the
surrounding property owners.
Motion: Remove Condition of Approval 1.E, Moved by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Bruce Johnson, Elijah Hatch, Gene Stifle, Lonnie Ford, Richard Beck, Skip Holland.
No: Michael Wailes, Tom Cope.
Ms. Aungst requested said that 1.C and 1.D be removed. She added that she received some paperwork
this morning from FRICO stating that they have no objection to the proposed location. Additionally, the
Platteville-Gilcrest Fire District said that the water line on the north side of County Road 30 is not a possibility
for a hydrant because it is dedicated line to the City of Ft. Morgan.
Motion: Remove Condition of Approvals 1.C and 1.D, Moved by Bruce Johnson, Seconded by Tom
Cope. Motion carried 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 USR20-0004 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 Elijah Hatch, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 1:09 pm and reconvened the hearing at 1:15 pm.
CASE NUMBER: USR20-0001
APPLICANT: HARD KNOCKS HOMESTEAD, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR MULTI -FAMILY DWELLINGS FOR PERSONS
PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING WITH THE
H2A PROGRAM IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -3090, PART W2SE4 SECTION 5, T4N, R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 48; APPROXIMATELY 0.4 MILES
WEST OF CR 53.
2
Diana Aungst, Planning Services, presented Case USR20-0001, 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.
Zack Roberson, 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.
Gerald Monroe, 25525 CR 48, Kersey, Colorado, stated that they have an 84 -year vegetable farm with four
(4) generations raising vegetables. He said that they sell their vegetables through a program called
Community Supported Agriculture (CSA), as well as through farmers markets and a few restaurants. They
are requesting a change of use from the existing office to housing as it is increasingly more difficult to find
labor.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream.
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 USR20-0001 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 Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
CASE NUMBER: USR20-0007
APPLICANT: EWS#12 DJ BASIN, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE,
INCLUDING A CLASS II SALTWATER DISPOSAL FACILITY AND
RELATED INFRASTRUCTURE, ONE (1) 80 -FOOT X 100 -FOOT STEEL
BUILDING WITH OFFICE, A TANK WASHOUT AREA ON THE
CONCRETE UNLOAD PAD AND UP TO FIVE (5) CONSTRUCTION
TRAILERS AND FIVE (5) CONEX CONTAINERS FOR TEMPORARY
USE DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE
DISTRICT (EXPEDITION WATER SOLUTIONS)
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX20-0046, PART E2E2 SECTION 30, T8N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 90; WEST OF AND ADJACENT
TO CR 39.
Kim Ogle, Planning Services, presented Case USR20-0007, reading the recommendation and comments
into the record. Mr. Ogle noted that one (1) letter from a surrounding property owner was received with
questions of what type of facility will be constructed and has the applicant conducted the appropriate studies
and analysis for the project, such as seismic evaluations. Additional questions address how this facility will
mitigate possible nuisance conditions and questions that this type of facility is economically viable. Mr.
Ogle said that the applicant sought to have a meeting with neighbors to address the use of the property
and the proposed facility; however, due to COVID-19 they were unable to meet with them. He added that
if the "Safer at Home" order for the State of Colorado is lifted prior to the Board of County Commissioner
hearing, then the applicant intends to hold an open house with neighbors. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Stille stated that he is the President of the North Weld County Water District Board and the
North Weld County Water District has sold this land. He believes he can be impartial to this case but
3
wanted to inform everyone. Bob Choate, County Attorney, asked if the sale was conditional or if it was
complete. Mr. Stifle said it was complete. Mr. Choate had no issues with Mr. Stille voting on this case.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Stille said the community was concerned with where the ingress/egress was and asked if
that is far enough up the hill to the west that traffic coming east or west can see those semis turning into
the site. Ms. King said that they are reviewing the access location and there are still a few things to be
finalized.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that they did require a groundwater monitoring
plan and also design plans for the offload area in their referral but was inadvertently missed in the staff
report. She requested to add these under the Prior to Construction conditions of approval.
Eric Wernsman, Wernsman Engineering and Land Development, 16495 Essex Road South, Platteville,
Colorado, stated that Expedition is expanding his operations in Weld County and is going to great measures
to pick sites that have minimal impact to neighboring properties. The nearest residence is 500 feet from
the site. It is anticipated that a pipeline will be constructed to this facility. Mr. Wernsman had said that
EWS hopes to be able to provide a community meeting prior to the Board of County Commissioners hearing
but had not been able to due to virus restrictions.
Commissioner Hatch asked if the completion of the pipeline will possibly increase or decrease any of the
truck traffic. Mr. Wernsman replied that it may decrease, but EWS has agreed that they will not go over the
50 trucks per day.
Mr. Wernsman clarified that he has surveyed this location and noted that the proposed access point is
located at the spot that creates the greatest line of sight. He added that they are working on this through
Public Works.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream.
The Chair referred to the requested changes to the Resolution from Staff. Ms. Light requested to add new
Conditions of Approval 4.D and 4.E per the Environmental Health Referral they submitted.
Staff stated that a late public comment was received via email. The Chair stated the email was submitted
from Steven Louis -Prescott, counsel for the City of Thornton and read the questions into the record.
In response to the first question regarding the status of COGCC permitting, Mr. Wernsman said that after
approval of this USR, the next step will be to go through COGCC permitting. With regard to alternative site
locations if an application is not approved by COGCC by November 1, 2020, Jim Goddard, Expedition
Water Solutions, 2015 Clubhouse Drive #201, Greeley, Colorado, stated that they have not chosen
alternative sites and added that they have purchased this property.
Mr. Goddard said that he is willing to host a neighborhood meeting, but due to the circumstances he hasn't
been able to reach out to anyone. He added that he hadn't thought of holding it through Zoom but would
try to hold it before the County Commissioner hearing.
With regard to the additional questions submitted, Mr. Goddard said that they have a pipeline engineer on
staff and currently working with the producer. Once they establish that they bought the property they are
designing the pipeline. He added that unfortunately, the price of oil has gone down so things are not moving
as fast as they expected.
Motion: Add New Condition of Approval 4.D and 4.E, as recommended by Staff, Moved by Tom Cope,
Seconded by Elijah Hatch. Motion carried unanimously.
4
Ms. King referred to Condition of Approval 4.C and recommended that this be deleted as it is not relevant
to this site. Additionally, she requested that a new Condition of Approval 1.E be added to read "A final
Traffic Study stamped and signed by a professional engineer registered in the State of Colorado is required"
to address all the access issues that have been ongoing.
Motion: Delete Condition of approval 4.C, Moved by Tom Cope, Seconded by Elijah Hatch. Motion
carried unanimously.
Motion: Add New Condition of Approval 1.E, as recommended by Staff, Moved by Elijah Hatch, Seconded
by Tom Cope. Motion carried 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 USR20-0007 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 Elijah Hatch, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 2:08 pm and reconvened the hearing at 2:18 pm
CASE NUMBER: USR20-0008
APPLICANT: COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY
FARM, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OPEN MINING (SAND, GRAVEL AND STONE)
AND PROCESSING OF MINERALS, WITH ANCILLARY OPERATIONS
AND EQUIPMENT INCLUDING A HOT MIX ASPHALT (HMA) BATCH
PLANT, THE EXPORTING OF AGGREGATES, HOT MIX ASPHALT
AND RECYCLED ASPHALT, MINE OFFICE WITH 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.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1347, BEING PART OF THE SE4 AND PART
OF THE SW4 ALL IN SECTION 19, T5N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 54 (FREEDOM PARKWAY); EAST
OF AND ADJACENT TO CR 13 (COLORADO BOULEVARD).
Commissioner Wailes noted that he knows both of the applicants and has an ownership in an adjacent
property. He added that the name of the project bears his mother's maiden name and it was the site of
the playground of his youth. Mr. Wailes said with all those things being considered, he has not received
any financial compensation and feels that he can be impartial to this case.
Kim Ogle, Planning Services, presented Case USR20-0008, 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. Mr. Ogle noted that Staff has an amendment
they would like to make to the resolution. Additionally, he noted that the applicant is requesting several
changes to the resolution as well.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the water and sanitary sewer requirements, on -site dust
control, and the Waste Handling Plan. Ms. Light said that based on the use of portable toilets she suggested
removing the last two sentences in Development Standard 30.
5
Ken Coulson, President of Coulson Excavating Company, 2165 14th Street, Loveland, Colorado, stated that
they bought the property in 1987 and intended to mine it then, but the conditions were such that they didn't
need to use it. However, with the way the growth has been along the front range it is time to start this
project and added that the aggregate that will be mined will be used in Weld and Larimer Counties.
David Foster, 360 South Garfield, stated that he is representing the Coulson's. He referred to Development
Standard 3 that deals with the hours of operation and he added that they are planning to operate 7am to
7pm. He said that the Weld County Code allows them to operate during daylight hours and he added that
they are trying to find a middle ground to give their neighbors the comfort in knowing that they are not trying
to operate 7pm, when it would otherwise be possible.
Mr. Foster referred to Development Standard 4 and said that they anticipate 13 employees, but they might
have 15 employees, so they are looking for a little bit more flexibility.
Additionally, Mr. Foster referred to Development Standard 13 and requested to strike "any" as it speaks to
things well beyond what they can anticipate.
With regard to Development Standard 43 speaking to light, Mr. Foster referred to the word "nuisance" and
said that "nuisance" is a standard that is hard for him to identify and is not terribly objective, so he requested
to remove this word.
Commissioner Wailes referred to the reclamation map and the thin line to the west and north of Pond 3 and
asked if that is a pipeline coming through. Mr. Coulson said it is a Sinclair pipeline. Mr. Wailes asked if
that line will be exposed. Mr. Coulson said they will stay 50 feet of either side of the pipeline.
Commissioner Holland said that there are some important nesting birds in the area. Mr. Ogle said that
there are possible locations for nesting eagles along the river corridor. Mr. Coulson said that they are
leaving those trees for the birds and also for noise abatement.
Commissioner Holland asked what happens with an operation like this when there is a major flood. Mr.
Coulson said that the water would have to be pumped out. They want to put a spillway in each cell so that
if the water got so high it would spill into it and then spill out of each of those cells. Mr. Holland feels that it
should be annotated on the site plan for each of the spillways. Mr. Foster added that after operations, they
have been engineered for flood protection spillways for 100 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Cummings, 26700 CR 13, Johnstown, Colorado, said he would like to see the actual time of their
operations from 7am to 6 pm. He had the opportunity to talk to the applicant to discuss the tree line along
the Hill and Brush Ditch and it appears from their drawings that the tree line is out of cell 1 and they wouldn't
be mining in that tree line. Mr. Cummings said that he feels this offers the residents north of that site to
help control dust, aesthetically pleasing for the community and will act as an additional sound barrier to the
20 to 25 -foot berm that will surround the asphalt plant.
Mr. Cummings referred to wildlife in that area and noticed that Colorado Parks and Wildlife submitted a
referral and commented on bald eagles and raptors. He has lived there for 20 years and in viewing that
river bottom there is only one (1) nesting bald eagle which is approximately one mile away to the west and
there hasn't been any historic use of this area for wintering bald eagles or nesting bald eagles.
The Chair asked Staff for their recommended changes to the Resolution.
Ms. Light stated that the first sentence in Development Standard 30 is all that needs to be included.
Motion: Delete the last two sentences in Development Standard 30, as recommended by Staff, Moved by
Tom Cope, Seconded by Skip Holland. Motion carried unanimously.
The Chair referred to the applicant's request of changes and said that the two development standards that
he would be concerned about discussing is Item 3 relating to hours of operation and Item 4 related to
number of employees. He preferred that the applicant work with planning on the remaining items that the
6
applicant has requested changes to before the Board of County Commissioner hearing. The Planning
Commission agreed.
Mr. Foster requested that the hours of operation be from 7am to 7pm. He added that they are not trying to
operate when it is not daylight.
Commissioner Cope noted that the application states 7am to 6pm and asked if they acceptable to that or if
they are requesting to amend that. Mr. Foster replied that he thought that was an error and added that they
have been operating in other locations from 7am to 7pm.
Motion: Amend Development Standard 3 to reflect the hours of operation from 7am to 7pm, Moved by
Bruce Johnson, Seconded by Gene Stille. Motion carried unanimously.
The Chair asked if changing the number of employees creates a problem with Environmental Health. Ms.
Light said that they are proposing portable toilets, so it doesn't affect anything. Mr. Coulson stated that
they will have no more than 20 employees.
Motion: Amend Development Standard 4 to limit the number of employees to 20, Moved by Bruce
Johnson, Seconded by Tom Cope. Motion carried unanimously.
Mr. Ogle requested a minor change to the request language to read "A Site Specific Development Plan and
Use by Special Review Permit for open mining (sand, gravel and stone) and processing of minerals, with
ancillary operations and equipment including a Hot Mix Asphalt (HMA) Batch Plant, Recycled Asphalt
operations, the exporting of aggregates, mine office with scale house an 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.
Motion: Amend request language, as stated by Staff, Moved by Elijah Hatch, Seconded by Tom Cope.
Motion carried 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 USR20-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stille, Seconded by Skip Holland.
Commissioner Wailes said that he has known the Coulson family basically his entire life and they have
done a lot of operations in and around his neighborhood. He added that Mr. Cummings stated it well in his
letter that these guys are a top-notch organization and everything they do is at the highest level.
Commissioner Stille echoed Mr. Wailes's comments.
Commissioner Cope said that it shows the applicants are doing a very good job since this is in a fairly visible
area and yet only one person came to talk and gave more support than opposition, which is very peculiar
for this type of operation.
The Chair called for the Vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 3:16 pm and reconvened the hearing at 3:26 pm.
CASE NUMBER: USR19-0072
APPLICANT: JAMES AND BETTIE MILLER, C/O H. JAMES MILLER
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A CAMPGROUND (TO ACCOMMODATE UP
7
TO 80 RVS) FOR A PERIOD OF 6 MONTHS OR LESS PER CALENDAR
YEAR IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2549, PART W2NE4 SECTION 16, T7N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 19 AND APPROXIMATELY 250
FEET SOUTH OF HWY 14.
Diana Aungst, Planning Services, presented Case USR19-0072, reading the recommendation and
comments into the record. Ms. Aungst noted that three letters were received from surrounding property
owners with concerns regarding trespassing, fires, concerns of property values, curfew, safety, noise, theft,
concerns on any disorderly conduct enforcement and how the 7 -day camping rule will be enforced. The
Department of Planning Services recommends denial of this application.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Stille asked if a turn lane is required from going east down the hill on Highway 14 to County
Road 19. Mr. McRoberts said a turn lane is not required with the traffic counts submitted by the applicant.
He added that they are expecting up to 20 trips per day.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Johnson asked about the availability of sufficient water to campers. Ms. Light replied that
usually the campers fill up before they get on site. Mr. Johnson asked if the water on site is for the campers.
Ms. Light suggested asking the applicant if they will provide water.
H. James Miller, 309 South Link Lane, Ft. Collins, Colorado, stated that he has some corrections regarding
his application. He provided explanations of the corrections to the application, including the number of RVs
on site and how they will handle the operations of the campground.
Mr. Miller provided handouts of the corrections. He said that the office hours will be starting in May, not
April and the campground manager will be on call from 5 pm to 8 am. He stated that the major correction
is in the request of 80 RVs. He added that he never intended to have 80 RVs and understands that this
has created a lot of confusion. Mr. Miller referred to the application questionnaire and corrected it by stating
that the maximum number allowed will be 20 RVs or large fifth wheel campers.
In order to clear this confusion, Mr. Miller said that he met with all of the surrounding property owners and
feels that this clarification has satisfied their concerns. He stated that they do not intend to be a commercial
campground and that they wish to continue to camp on the property with family and friends. With regard
to trespassing, they are working with the City of Thornton to address their concerns. Additionally, after
meeting with the fire district, he feels that they have addressed their concerns with clarifying the number of
RVs on site and reducing the size of the fire pits.
Mr. Miller stated that this will be an open campground with no campsite, no hook-ups or waste dump. He
said the campground will be operated as a private campground and will not be open to the general public.
He added that guests are invited only and Jim and Betty Miller (his parents) host the members of their
camping club twice per year. He added that quiet time will be enforced from 10:30 pm to 6 am, as requested
through the neighborhood meetings. Additionally, no trespassing will be allowed and strictly enforced. A
manager will be on site to be responsible for enforcing the rules and regulations stated in the signed
agreement.
Mr. Miller said that Jim Miller owns the water rights to the Mahood Reservoir which is used to irrigate the
adjacent 27 acres west of the site as well as the 32 acres southeast of the reservoir.
Mr. Miller requested to change the number of RVs stated in Development Standard 1 to 20 RVs.
Mr. Miller noted that they grow industrial hemp on the property and added that they are registered with the
State of Colorado. Additionally, they have a pit on site for shooting. He added that because it was a
8
concern from a surrounding property owner, they will get remove the pit because they do not currently use
it.
Commissioner Beck asked if they charge anyone to camp on the property. Mr. Miller said that they do not.
He added that they have had some people offer to help pay for the fee of the permit. Mr. Wailes asked if
they intend to charge. Mr. Miller said that they really haven't thought about it since it is really just friends or
family but because of the cost of the permit, they may ask for a small registration fee to cover costs. He
added that this is not for a source of income.
Commissioner Stille asked if they have recreation rights to the Mahood Reservoir. Mr. Miller stated that he
understands that they own the majority of the land underneath the reservoir. Mr. Stille asked if they can
pump out of this reservoir for fire control. Mr. Miller replied that they could pump out of it.
Commissioner Johnson asked who calls for the water to get into the reservoir.
James K. Miller, 39820 CR 19, stated that he has one (1) share of North Poudre Water that he orders in
and he is also a ditch rider for a lateral for the Water Supply and Storage. He added that sometimes when
they don't use their water he can use it to put in his lake.
Commissioner Johnson asked if any of the neighbors that have ownership under the lake have shares of
the water. James Miller said that they do not have shares of the water; however, they have surface rights
to go on the lake with boats. Mr. Johnson clarified if the land under the reservoir is owned by James Miller.
James Miller replied that he owns the land under the reservoir. He added that 4 acres is owned by the City
of Thornton, but he owns the water.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Laura Doyle, 8775 CR 80.5, Ft. Collins, Colorado, expressed concern on fires, number of people on site,
traffic, trash, and water pressure. Additionally, she is concerned with the gun range as it is positioned next
to the caretaker's house pointed at County Road 19 where there is another house located. She stated that
she hasn't had a problem with the camping that has been going on except for the excessive fireworks. She
added that some weekends they still have friends shooting at that fire range. She asked that there be a
private entrance to this location and doesn't feel the camping traffic is appropriate for this area.
The Chair referred to the applicant's correction of a maximum of 20 RVs and asked if that change is more
acceptable. Ms. Doyle said that she is worried that if it is written up to 80 campers that one day it can
happen. She added that if there are 10 to 12 people there they don't have a problem, but it is the ATVs
and other traffic on the road day and night and people damaging their property that they are concerned
about. She further added that if they can keep that under control it might not be a problem, but she is
looking 10 years down the road.
Wendell Brown, 39384 CR 19, lives across the reservoir and is a neighbor to the applicants. Mr. Brown
said that he is concerned with the quantity of RVs on site. He hasn't had any issues in the past with the
camping and said it has gotten loud a couple times and ran late, but it hasn't happened lately. There has
been a little bit of overflow from the ATVs on the county roads as well.
Commissioner Cope asked if there was a maximum of 20 RVs would that be acceptable. Mr. Brown said
he doesn't have an issue with that number and added that as long as the quiet time is enforced, he is good
with that.
Luke Hinrichs, 8985 CR 80.5, Ft. Collins, Colorado, stated that he is concerned with the volume of the
campers on site. He said that he shares some of the same concerns that Ms. Doyle spoke about. He
added that there are some common problems with thievery in the area. Mr. Hinrichs said that the number
of RVs need to be corrected and refiled and added that he is perplexed with how this came to fruition.
Commissioner Beck asked if there is a way for this applicant to continue this case because there are so
many issues that need to be addressed. He added that the applicant has attempted to address but it
appears that it is in a relatively disorganized or spread out manner. He said that if the applicant had more
time to sit down with the planner and establish the problems so that they can address them. He added that
9
rather than recommending denial for this application, he would prefer to send them back to address the
issues.
Commissioner Cope told the applicant that the answers to the questionnaire need to be very precise. He
added that some of the testimony given today has been contradictory and this is creating the problems.
Mr. Cope asked Staff why this was brought about if it is really not a commercial campground and we are
kind of forcing a commercial campground with this process.
The Chair asked Staff to clarify if the active zoning violation on this property has been forwarded to the
County Attorney. Ms. Aungst replied that it has not been forwarded to the County Attorney.
Commissioner Wailes said that there was some miscommunication about the scale and scope of this
operation. He asked what the bulk limit is for a private gathering and provided a family reunion for example.
Ms. Aungst said that there is no specific number in the Weld County Code.
Ms. Aungst stated that the Fire District had a lot of concerns regarding this application. She added that
Staff also has concerns with utilities as they are not providing any water and they are proposing a porta let
and if they have 20 campers that porta let will take a lot of use. Ms. Aungst said that the applicant did talk
to them about reducing the number of RVs to 20 after the staff report had been written. She added that
this case was supposed to be heard in March, but it was continued due to COVID-19. She said that when
they changed the number to 20 RVs, she told them that it was a little late in the process to be changing the
request language and it probably wouldn't change the recommendation from Staff based on the concerns
of inadequate transportation infrastructure. It was considered commercial by zoning compliance and she
added that in conversations with the applicant they mentioned that they do expect to receive money from
people who are camping.
Commissioner Wailes said that if they recommend denial for this case and the County Commissioners deny
this case what does it look like for the applicants if they have extended family that comes in for the July 4th
weekend and they want to camp out by the lake. He added that he believes this is what the applicants
intend but are kind of being told that they can't do that. Bob Choate, County Attorney, said that there is a
difference between camping and campground. According to Section 23-1-90 Camping is a use by right in
the agricultural zone district, is non-commercial and is limited to seven (7) days or less. Campgrounds are
commercial. He added that commercial is broadly defined to include much more than just money, such as
bartering, donations, tips, etc. Mr. Choate said that if it is denied, they can still camp with their family, but
if it is open to the public, it is in the definition of commercial.
Commissioner Johnson said that he doesn't think the applicant is ready to be here. He noted a tragic
accident that happened not far from this location involving kids and 4 -wheelers and added that the applicant
needs to control the access onto and off of the property.
Commissioner Cope asked Mr. Choate if the shooting area is legal in the county on private property. Mr.
Choate said that if it is noncommercial, then it is a use by right.
Commissioner Wailes said he is open to a continuation of this case. He told the applicant that he is
concerned with their intent. He added that he is not sure what the intention is and if this gets approved
then this USR Permit is attached to the property and that it would become a commercial campground.
Although the applicant intends to maintain ownership of the land forever, it could change and the USR
permit could continue on and he is unsure if that is the applicant's intention.
Commissioner Beck agreed and said that from the application he understood that this was some sort of a
commercial venture. He said that if the applicant does not want to make that commercial venture do you
need a USR.
Mr. Miller said that they never intended to have a commercial campground. When they received notice that
they were in violation, they were told that they were operating a commercial campground. In order to
continue camping, they would need to apply for a commercial campground. Mr. Miller said that they did
not want a commercial campground but in order to enjoy their property the way they want to they have to.
He added that he will operate this the way it should be but with not the intent to make profit or collect money.
However, it will be set up that he can get insurance and have all the things that they need to have a
campground.
10
Mr. Miller referred to the comment regarding ATVs and he stated that they haven't had any ATVs since he
was a kid.
Mr. Miller referred to separating the hemp and the shooting area. He said that it is a large property and the
campground is not near this area and will be sectioned off and not connected to the shooting area or the
growing of the hemp.
Commissioner Cope asked Staff if the applicant has the ability to say they would like to continue this case
and do a little research. Mr. Choate said that the Planning Commission has three (3) options: approve with
conditions, deny or continue. He said that the applicant can request to withdraw his application with the
Board of County Commissioners. If the applicant wanted to revamp his application, he could request a
longer continuance.
The Chair said that a continuance would give the applicant some time to work with the planner and really
decide if this is the intent that they wanted to do.
Commissioner Beck said that he would make the motion to continue this case when it is the right time to
do so. Commissioner Johnson commented that 60 days would probably be a minimum amount of time.
Mr. Choate suggested talking with the applicant about what he wants to accomplish. He recommended not
continuing it without direction of what you are hoping to have happen in between now and then.
Commissioner Beck said that he is not confident at this moment that the applicant can make a good decision
and he would much rather give him the option than make some decision he is not sure that the applicant is
sure about. Commissioner Wailes agreed and said that he is getting conflicting testimony from the
applicant. He understands that the applicant is frustrated but he wants Mr. Miller to consider if they want a
commercial campground.
Mr. Miller said that he feels that there are things that can't be answered here and now such as were they
actually in violation and can they continue to do what they wanted to do. He said that he doesn't want to
camp and then receive another violation letter. He added that he is not in it for financial gain, but they just
want to do what they were doing. Mr. Miller stated that he feels a continuance would be in his best interest
for right now.
Motion: Continue Case USR19-0072, Moved by Richard Beck, Seconded by Gene Stille.
Mr. Choate said that we need a date certain included in the motion to continue. Commissioner Beck said
that he would entertain whatever is suggested by Staff and the County Attorney. Mr. Choate requested a
5 -minute recess to discuss hearing dates and come back with a recommendation.
The Chair called a recess at 5:15 pm and reconvened the hearing at 5:30 pm.
Mr. Choate recommended that this case be referred back to Planning instead of continuing this case.
Commissioner Beck amended his motion to refer this case back to Planning Staff, Seconded by Gene Stille
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Commissioner Ford said that it is disappointing to have an applicant to be surprised with some of the things
discussed today. He was surprised when the applicant stated that in his first application, he wanted to be
able to camp on grass and today he was told he couldn't do that. He said that there are things that he
should have been told before today because they have to make a decision to approve or deny and if the
applicant isn't aware of some of these things and it is denied, he couldn't reapply again for 5 years.
Commissioner Stille agrees with finding out why this whole situation was necessary because of a letter they
received. He added that they don't know who wrote this letter, where it came from and why it was written
and why they don't have it before them with an explanation behind it. He said that he feels like he was
almost blind -sided and is not particularly happy. He believes planning staff are marvelous but how this got
miscommunicated is beyond him and he doesn't appreciate it.
11
CASE NUMBER: USR20-0006
APPLICANT: HECTOR FAUDOA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A HOME BUSINESS (GRANITE AND STONE
CUTTING AND FABRICATION) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2797, PART E2SE4 SECTION 32, Ti N, R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 29, APPROXIMATELY 340 -FEET
SOUTH OF CR 2.5.
Kim Ogle, Planning Services, presented Case USR20-0006, reading the recommendation and comments
into the record. Mr. Ogle noted that Staff received a telephone call from a surrounding property owner
requesting a privacy fence be erected between the two properties and indicated that they are willing to help
with materials and construction costs. Another surrounding property owner also submitted a letter in
opposition expressing concern of dust, noise, and numerous truck traffic at various hours. The Department
of Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Ford asked if there are any commercial businesses around this site. Mr. Ogle replied no.
Melissa King, 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.
Sheri Lockman, Lockman Land Consulting, 36509 CR 41, Eaton, Colorado, stated that the applicant was
using the access easement that went to the north; however, at a meeting with Staff it was determined that
this was not the best access to use and they should be using the access to his home site. She added that
they were bringing in trucks on that other access because it did have the turning radius. However, now
they are utilizing personal vehicles or a truck with flatbed bringing in materials. She added that the staff
report says they need a 60 -foot turning radius, but the application is no longer for any type vehicles that
need that big of a turning radius.
Ms. Lockman said that the well is only permitted for residential use and the applicant doesn't want to re -
permit that for commercial use. She added that the applicant will bring in bottled water for drinking and will
have water trucked in for the cutting process. She indicated that the Division of Water Resources was
acceptable to this plan and forwarded that email to Mr. Ogle.
With regard to noise, Ms. Lockman stated that all the cutting is done inside the building. She added that
they may operate a forklift outside.
Commissioner Cope asked if the cutting of the granite is done by hydro cut.
Hector Faudoa, 395 CR 29, Brighton, Colorado and Victor Espinoza, 5122 Grey Swallow Street, Brighton,
Colorado. Mr. Espinoza provided translation for the applicant. Mr. Espinoza replied that the granite is cut
with hydro -cut.
Commissioner Cope asked what sort of noise comes with hydro cutting. Mr. Espinoza said it would be
comparable to an electric saw. He added that the shop has been insulated for noise as well.
Commissioner Cope asked if the doors to the shop are open when cutting. Mr. Espinoza replied that they
do open the doors in some cases, however, if it is an issue with noise, they will close the doors when they
are cutting.
Ms. Lockman requested an amendment to Condition of Approval 1.E.11 as they are not bringing semis into
the property and they don't need the 60 -foot radius. She asked that it be changed to a 25 -foot radius.
12
Additionally, she requested to remove Condition of Approval 1.E.12 since the applicants are not pursuing
that access so it is no longer relevant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream.
Motion: Remove Condition of Approval 1.E.12, Moved by Bruce Johnson, Seconded by Elijah Hatch.
Motion carried unanimously.
The Chair asked Staff about amending Condition of Approval 1.E.11. Ms. King recommended removing
"(60')" and keeping "appropriate turning radii on the site plan".
Motion: Amend Condition of Approval 1.E.1, as recommended by Staff, Moved by Tom Cope, Seconded
by Gene Stille. Motion carried unanimously.
Ms. Light suggested adding a development standard that limits the noise to the residential zone. She
recommended adding a new Development Standard 22 to read "The facility shall adhere to the maximum
permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S."
Motion: Add a new Development Standard 22, per Staff, and renumber accordingly, Moved by Tom Cope,
Seconded by Gene Stille. Motion carried 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 USR20-0006 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Gene Stille.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
No: Skip Holland.
Commissioner Holland said that he feels this business has been placed in an area that has happened after
the fact and there are other people living there.
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 6:15 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
13
Hello