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Home My WebLink About20202776.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 1, 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 12:33 pm. Roll Call. Present: Gene Stille, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White. Absent: Tom Cope, Dwaine Barclay, Troy Mellon. Also Present: Michael Hall, Angela Snyder, Maxwell Nader, Chris Gathman, Kim Ogle, Jim Flesher and Tom Parko, Department of Planning Services; Lauren Light, Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion: Approve the August 18, 2020 Weld County Planning Commission minutes, Moved by Gene Stille, Seconded by Skip Holland. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR20-0015 JOHN AND SHARON BAPTIST MAXWELL NADER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (VEHICLE RESTORATION AND REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -2972, PART E2SE4 SECTION 23, T6N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 23; APPROXIMATELY 0.50 MILES SOUTH OF STATE HIGHWAY 392. Maxwell Nader, Planning Services, presented Case USR20-0015, reading the recommendation and comments into the record. USR-942 is the existing USR on the property. The applicant wishes to vacate the current USR and apply for a new one. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Holland asked staff what the nature of the violation was. Staff explained that the existing USR from 1991 does not include the operation of the applicant's business. The applicant has the option of requesting a major amendment to the current USR or apply for a new USR. Mr. Nader explained the applicant wishes to vacate the current USR and proceed by requesting a new one. The Chair addressed that staff stated screening would be required to mitigate the storage of vehicles. He said that he notices several vehicles in the site photos. Mr. Hatch asked if the vehicles are decoration or stored vehicles. Mr. Nader said a combination of the two but recommended that he address the applicant for more detailed information. 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. Mike Baptist, 32388 County Road 23, Windsor, Colorado. Mr. Baptist explained that the business is auto repair and restoration on classic cars. He said they do not do general oil changes or work on vehicles that are not classic cars. The classic cars they work on are from the 1940s, 1950s and 1960s. They change motors, read ends, transmissions, etc. Commissioner Holland asked the applicant if they paint vehicles. Mr. Baptist said his son does some painting. The applicant said they use less than a liter of paint every time they paint. Commissioner Holland asked Mr. Baptist how they control their painting operation. Mr. Baptist said they have a paint booth that has intake and exhaust filters. CoMMun;c0.-Fc r15 09 /1612.0 2020-2776 The Chair mentioned he can see several classic vehicles in the photos. He asked if the vehicles are for decoration or if they are storage vehicles. Mr. Baptist said some of the vehicles are for decoration and they do not plan to do any restoration to them. The applicant explained that the vehicles in the photos are all their own personal vehicles. He said they don't have as many vehicles as when the pictures were taken. Mr. Baptist showed the Planning Commission an area on the map where he would like to store personal vehicles that they plan to restore. The applicant said he thinks the vehicles would be screened behind the corral. Commissioner Hatch asked Mr. Baptist if they plan to store a lot of vehicles. Mr. Baptist replied no. 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 staff if they had any changes for the conditions of approval or development standards. Mr. Roberson said staff would recommend striking Condition of Approval 5 because it is not necessary for this case. He also recommended to strike Development Standard 28. Motion: Delete Condition of Approval 5 and Development Standard 28 as recommended by staff. Moved by Gene Stille, Seconded by Sam Gluck. Motion passed unanimously. Ms. Light recommended amending Development Standard 21 by adding "of State and Federal Agencies in the Weld County Code" after the word "regulations". She said that matches Environmental Health's referral. Motion: Amend Development Standard 21 as recommended by staff. Moved by Gene Stille, Seconded by Lonnie Ford. 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 USR20-0015 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 Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland. Commissioner Stille stated he agreed with staff recommendation and he felt the criteria under Section 23- 2-220 of the Weld County Code was met. The Chair called a recess at 12:52 p.m. and reconvened at 12:59 p.m. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR20-0016 BRYAN EDWARDS MAXWELL NADER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MORE THAN ONE (1) CARGO CONTAINER UP TO SIX (6) CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT. BEING A PART OF LOT 11 RANCH EGGS INC SUBDIVISION, BEING PART OF SECTION 33, T1N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO 175TH AVE; APPROXIMATELY 990 FEET WEST OF CR 7. Maxwell Nader, Planning Services, presented Case USR20-0016, reading the recommendation and comments into the record. Staff received four letters in total, one letter from a surrounding property owner and three letters from property owners within Ranch Eggs, Inc. The concerns outlined in the letters is the use of the property and it does not line up with what Ranch Eggs, Inc Subdivision was created for. Some other concerns outlined in the letters were that the property owner does not live on site and that you can see the noncommercial junkyard on site. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Stille asked how much of the property is screened. He also wondered what type of junkyard it was called. Mr. Nader explained it is a non-commercial junkyard. He said the definition of non-commercial junkyard is the owner/tenant of the property owns all the vehicles on site. Mr. Nader said all the property is fenced; however, there is a section that the wind blew over. 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. Bryan Edwards, 2831 175th Avenue, Erie, Colorado. Mr. Edwards explained there is a two -bedroom apartment above the shop of the large building. He said he and a roommate live in the apartment. Mr. Edwards said that his parents and his roommate's parents both have passed away, so they store their family heirlooms in the cargo containers. He said the cargo containers are waterproof, fireproof, rodent free and elevated six to eight inches from the ground. Mr. Edwards told the Planning Commission that a microburst blew over a section of his fence. Due to COVID-19, it has been hard for him to order parts to fix the fence. He said he will repair as quickly as he can. Mr. Edwards explained that he was not aware of the laws against having more than one cargo container. He said he understands that it is a violation and wants to get the correct permits. Commissioner Ford asked Mr. Edwards if he is the owner of the vehicles stored on the property and wondered if he inherited any of the cars. Mr. Edwards said he did inherit a couple vehicles, but the vehicles that are stored outside are his roommate's cars. Commissioner Gluck asked how long the applicant has lived on the property. Mr. Edwards said he can't remember. Mr. Nader said he believes the deed goes back to 2001. Commissioner Holland asked if all the vehicles that are stored in the large building are functional. The applicant said there were. Commissioner Holland asked what the intent is for the cars parked outside. Mr. Edwards said many of the vehicles are part cars. Mr. Holland asked if the selling of parts was the applicant's business. Mr. Edwards said he is a retired computer programmer. He said it has never been a business but rather a hobby. Mr. Choate, Weld County Attorney, addressed the Chair. He said that Mr. Edwards submitted five letters from neighbors prior to the hearing. Mr. Choate explained the letters are exhibits for the Planning Commission to review. He stated that the applicant sent out form letters and the neighbors hand wrote that they were in support or had no opposition on the back side of the letter. Mr. Edwards explained that staff suggested he hold a neighborhood meeting to explain his request for the cargo containers. Due to COVID-19, he was not able to find a location to hold the meeting. Instead he decided to send out a letter to surrounding property owners asking them for questions or comments regarding his request. He received five letters back from the 16 that he mailed out. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Gluck asked the applicant if he lived on the property. Mr. Gluck said the record shows a Boulder address, so he wondered if he lived on this property or in Boulder. Mr. Edwards explained he owns two homes but lives at the Erie property full time. He said he does not receive mail at the Erie address because he doesn't want additional junk mail. 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 USR20-0016 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 Gene Stille, Seconded by Skip Holland. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland. Commissioner Holland said he agreed with staff recommendation and believes the applicant met the requirements under Section 23-2-220 and 22-2-20 of the Weld County Code. CASE NUMBER: ORDINANCE 2020-16 PRESENTED BY: PLANNING STAFF REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. Tom Parko, Department of Planning Services, stated that Planning staff is asking for recommendation of approval for Ordinance 2020-16 amending Chapter 23 Zoning and Chapter 24 Subdivisions, of the Weld County Code. Mr. Parko said staff and the Planning Commission spent two study sessions going over the proposed changes. He explained staff will present a high-level overview of the resolution. Mr. Parko said staff provided the Planning Commission with a white paper document that they may reference during the presentation. In today's packet of materials, the Planning Commission was also given a Staff Memo explaining the clerical errors that were changed in the draft resolution since it was emailed to them. Michael Hall explained they are going through a complete repeal and reenactment of Chapter 24 of the Weld County Code. It is the Land Division chapter that the Planning Department refers to. Mr. Hall went over changes to Chapter 23 of the Weld County Code. The proposed minimum lot size in the Ag Zone District is 35 acres. Lots less than 35 acres in size need to have been created prior to 1961 or in conformance with County regulations. Mr. Hall reviewed the proposed Articles and gave brief explanations for each of them. Angela Snyder referenced the Staff Memo that was given to the Planning Commission in their packet. She explained the changes that have been made since the draft resolution was emailed to them are mostly clerical. Commissioner Stille mentioned that people have asked him about the code changes. He has explained the changes to them and provided them with data. Mr. Stille said he has been asked when the public input is. He said he directed them to call the Planning Department. Mr. Parko said that Weld County has done a lot of public outreach. He explained Weld County has met with some focus groups, consultants, surveyors, realtors, etc. The information is available on the County Website. Mr. Parko said there will be a three -reading process with the Weld County Board of Commissioners that will kick off on September 28, 2020. He said there is still plenty of time if the public wishes to give input. Mr. Hall explained they have also done a lot of informal outreach. When the planners receive calls from the public inquiring about land division, they inform them about the possible code changes they foresee coming. Mr. Parko explained that there have been ongoing conversations with the Weld County Board of Commissioners and the Planning Commission on the code changes for recorded exemptions for the last several years. There have been many conversations about the impact that recorded exemptions have caused in the Agricultural zone. Commissioner Holland said he has gone through the packet information thoroughly. He believes that the changes will greatly assist staff with land use planning in an orderly and understandable way. Mr. Holland said he thinks it is an excellent piece of work. He stated he is concerned for the average landowner who doesn't understand the upcoming changes and wonders if the planning staff could find a way to make this information more available and easier to comprehend. Ms. Snyder said staff is open to making charts or informational handouts available for the public. Mr. Hall explained that it is up to the Planner to explain code to any citizen who makes an inquiry and make sure the citizen understands. He feels they have been successful in verbally explaining the requirements in code. Mr. Hall said there has been a lot of clean up in the proposed changes that will make finding and understanding the sections in code much easier. He also explained that each land use application has a packet that contains a procedural guide with checklists, fee charts, operation standards, performance standards, and code criteria pertinent to the application. Mr. Parko said he would like to give huge kudos to the Planners who put so much work into this. He said hundreds of hours have been spent on repealing and creating new code. Mr. Parko said he couldn't be prouder of them. He also thanked all the hard work from Environmental Health, Public Works and Bob and the County Attorney team. The Chair asked if there was anyone in the audience who wished to speak for or against the code change. Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado. Ms. Bruxvoort said she is not here in opposition; she feels staff has done a wonderful job. She said they attended the stakeholders meeting last week and Agpro is still trying to digest all the changes that are moving forward in the future. AGPROfessionals is concerned about the Family Farm Division process for the smaller lot size. It is currently proposed that the smaller lot shall not be greater than three acres in size. They would propose that lot size be larger. Mr. Hall referenced Section 24-7-20.A.5. of the proposed Weld County Code regarding the section Ms. Bruxvoort is discussing. Commissioner Stille said he felt Ms. Bruxvoort had a valid point. He said that corner lots are five to six acres and said the three acres would not be enough room between the crop and the parcel. Commissioner Stille asked staff if the applicant would need to request a variance. Ms. Snyder and Mr. Hall said they would recommend that the maximum lot size be increased in size rather than allowing a variance process. Commissioner Holland asked Ms. Bruxvoort how many acres she would recommend for the maximum lot size. Ms. Bruxvoort said she would feel ten acres would be sufficient. Mr. Hall explained that the intent of the smaller lot of the Family Farm Division is to create a separate legal lot that will contain a separate residence to support the overall operation of the farm or ranch. Motion: Amend Section 24-7-20.A.5. to read the smaller lot of the Family Farm Division shall not be greater than seven acres in size. Moved by Gene Stille, Seconded by Sam Gluck. Motion passed unanimously. Motion: Recommend Adoption of Ordinance 2020-16 as amended, Moved by Butch White, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 2:15 p.m. Respectfully submitted, -Incc�.ee. Michelle Wall Secretary Hello