HomeMy WebLinkAbout20191445.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 2, 2019
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 Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard
Beck, Elijah Hatch, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the March 19, 2019 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: 1 MJUSRI9-14-0035
APPLICANT: AKA ENERGY GROUP LLC
PLANNER: CHRIS GATHMAN
REQUEST: A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR14-0035 (NATURAL GAS &
CONDENSATE SEPARATOR FACILITY AND COMPRESSOR FACILITY) TO
EXPAND THE BOUNDARIES AND TO ADD AN AMINE SYSTEM TO TREAT
GAS AND A CRYOGENIC PROCESSING PLANT INCLUDING A 125 -FOOT
FLARE IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: W2SW4 SECTION 31, T4N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 38; 1 MILE EAST OF CR 35.
Chris Gathman, Planning Services, stated that the applicants are requesting a continuance until the May
21, 2019 Planning Commission hearing to allow them time to complete noise modeling for the facility in its
built -out condition. The applicant sent written notice to surrounding property owners within a mile from
the property to notify them of the continuance request. The Department of Planning Services is in
support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Continue 1MJUSRI9-14-0035 to the May 21, 2019 Planning Commission hearing, Moved by
Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER: USR19-0009
APPLICANT: ROUNDHOUSE RENEWABLES, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A NEW ABOVE
GROUND SINGLE -CIRCUIT 230 KV TRANSMISSION LINE THAT WILL
EXTEND THROUGH 3.9 MILES IN WELD COUNTY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE TRANSMISSION LINE CROSSES SECTIONS 19, 20,29, 30, AND 31, T12N,
R67W AND SECTION 6, T11N, R67W; ALL LOCATED IN THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: TRANSMISSION LINE RUNS FROM THE LARIMER/WELD COUNTY LINE
JUST TO THE SOUTH OF THE COLORADO/WYOMING STATE LINE AND
RUNS IN A SOUTHEAST DIRECTION TO A DISTANCE OF APPROXIMATELY
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1/2 MILE TO THE WEST OF INTERSTATE 25. THE TRANSMISSION LINE
THEN TURNS AND RUNS IN A SOUTHWEST DIRECTION TO THE
LARIMER/WELD COUNTY LINE APPROXIMATELY 2.75 MILES NORTH OF
COUNTY ROAD 128.
Chris Gathman, Planning Services, presented Case USR19-0009, 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.
Chair Wailes asked if the preferred route runs parallel to the railroad. Staff answered that it runs parallel to
the railroad when it turns to the southwest.
Commissioner Holland asked staff if the transmission line had any requirements or licensing with FERK.
Staff replied that this is a transmission line and he is not sure if FERK would have any jurisdiction. FERK
was not mentioned in the application.
Commissioner Johnson asked if all the property owners have been contacted and if they are in agreement
with the transmission line. Staff replied that the property crosses 3 land owners' properties, Duck Creek
Grazing, the State Land Board and the City of Fort Collins. A letter of support was received from Duck
Creek Grazing and a staff report was submitted from the City of Fort Collins.
Evan Pinkham, 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.
Chair Wailes asked staff if the 25 acres that cannot be disturbed were continuous acres or accumulative.
Staff replied they would assume continuous.
Mr. Gathman wished to clarify that this powerline is a 1041 USR because the powerline starts at a
substation in Wyoming and ends in a power station in Larimer County.
Jeremy Call with Logan Simpson, consultant for the Roundhouse Renewable Energy project, 619 St
Michaels Drive, Fort Collins, Colorado. Mr. Call mentioned that in the application, the applicant proposed
galvanized steel monopoles but it has been recommended that the applicant use pre -rusted steel to
construct the transmission line. The applicant would like to request that the line be sited within a 300 —
500 -foot permitting corridor allowing flexibility to microsite around buried utilities and other natural
environmental constraints. Mr. Call said this is their 7th public hearing on the project. It has been approved
by the City of Fort Collins Council who granted a 2.4 -mile easement, Laramie County in Wyoming approved
land use permit and wind energy site plan, Larimer County approved a 1041 permit application for the
transmission line and substation, and an easement been approved through lease agreement with Duck
Creek Grazing Association. The State Land Board is still in the review process.
Commissioner Johnson asked the applicant for explanation on why the powerline is drawn on the map on
two sides of a right triangle instead of going straight across. Mr. Call replied that the powerline comes
diagonally down from Wyoming and takes a right angle along the railroad. He explained one of the criteria
that helped them identify the preferred route was the length following the existing infrastructure to minimize
disturbance and impact to green fields or areas that didn't have roads. Coming down from Wyoming is a
series of 9 pipelines that follow the original corridor into Weld County. The pipeline turns south at railroad
to minimize natural resources
Chair Wailes asked if the powerline terminates at Rawhide because Rawhide is then connected into the
larger grid. Mr. Call said Platte River Power Authority is the purchaser of the power and they provide power
for Longmont, Loveland, Fort Collins and Estes Park. Platte River Power Authority has entered into a power
purchase agreement with Roundhouse. Roundhouse has the wind farm that is permitted in the Duck Creek
Grazing Association in Wyoming and then the energy is transmitted into Rawhide's substation.
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Commissioner Johnson asked the applicant if Colorado had any wind where they could put their wind sites.
Mr. Call said that the best wind in Colorado is along 287 and in Rocky Mountain National Park, close to the
continental divide. Mr. Call explained for some reason, there is a wind shadow through much of Larimer
County on the eastern half.
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 USR19-0009 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER: USR18-0128
APPLICANT: THE WHEELER 2014 REVOCABLE TRUST, CIO JEREMIAH WHEELER
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -3201, PART S2NW4 SECTION 33, T1 N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 17, APPROXIMATELY 0.4 MILES SOUTH
OF CR 4.
Angela Snyder, Planning Services, presented Case USR18-0128, 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 Ford asked staff if the owners of the property are owners of the business. Staff replied they
are part owners and their children own part of the business as well.
Evan Pinkham, 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.
Commissioner Stille asked staff if the applicant was going to apply for a well. Staff replied they are not.
Jeremiah Wheeler, 1322 South Cora Avenue, Milliken, Colorado. Mr. Wheeler explained they own a small
family business. His father started the business in 1995 in Northglenn. Mr. Wheeler said they moved the
business to his dad's property a couple years ago without realizing they needed a permit to do that. He
explained they want to get the correct permit as soon as possible so they are in compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bill Wycoff, 333 County Road 17, Brighton, Colorado. Mr. Wycoff said he is a neighbor to the south of the
applicant. He has lived on his property since 1982. Mr. Wycoff has observed how his neighbors have
operated their business so far. He said they are quiet, there is minimal traffic, and the speed limit is followed.
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Mr. Wycoff said he feels the business is compatible with the Ag area and activities. He said they can only
welcome them and support the USR request.
Commissioner Johnson said he read a neighbor was concerned about the lighting and asked Mr. Wycoff
what his opinion was on the lighting. Mr. Wycoff said he mentioned the lighting in his letter and explained
he is an advocate of the Dark Sky lighting. He said the light on their outbuilding shines into his kitchen
window. Mr. Wycoff said he would appreciate a change to the lighting.
Chair Wailes said they appreciate all comments but especially appreciate positive comments in support of
applicants.
Russ Watterson, 905 West 124th Avenue, Suite 210, Westminster, Colorado. Mr. Watterson said his
property is adjacent to the applicants. He said he has known the Wheelers for 30 years. Mr. Watterson
said he was glad when the Wheelers moved their business next to his property because he knew they were
good people. He said they have done a great job of improving the property from how it was when they
purchased it. Mr. Watterson said the Wheeler's business is compatible with their neighborhood.
Mr. Wheeler said that they will work on the lighting issue.
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 USR18-0128 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 Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Chair Wailes stated that the applicant and staff have shown they met the 7 criteria of Weld County Code,
Section 23-2-220.A.
CASE NUMBER: USR18-0122
APPLICANT: RAFAEL IBARRA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL TRUCK STORAGE, PARKING AND
STAGING AND UP TO ONE 15,000 SF SHOP WITH OFFICE) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1413, PART SW4SW4 SECTION 28, T5N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 52 APPROXIMATELY 625 FEET EAST
OF CR 53.
Kim Ogle, Planning Services, presented Case USR18-0122, 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 said there are some amendments
to the Staff Report
Commissioner Stille asked staff what size limit of a building can be put on the property. Staff replied that it
can be any size of structure. Because the property is not located in a subdivision, the building size does
not apply to the 4% Rule.
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Chair Wailes asked staff what amendments were made to the Staff Report. Mr. Ogle went over the
amendment to Condition of Approval for 1.A. Mr. Choate recommended the Chair wait to address the
amendments until after Public Comment.
Commissioner Holland asked staff how many trucks are going to be stored there on a daily basis. Mr. Ogle
said there will be 10 trucks that are associated with the business. Commissioner Holland asked if there are
any requirements for fighting fires in a circumstance like this. Staff said he was not aware of any standards
for fire suppression at a parking lot for trucks. Commissioner Holland asked if any work is being done on
the trucks. Staff said maintenance is done off site.
Mr. Ogle read into the record that amendments would be made to Conditions of Approval 1.B., a new
Condition of Approval will be added between 1.C and 1.D, 1.D.9, and 2.6. Next, Mr. Ogle read into the
record the amendments made to the Development Standards 4, a new Development Standard will be added
between 4 and 5.
Hayley Balzano, 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. Staff asked to add a statement at the end of Development
Standard 13 to read "Portable toilets must be screened from public view."
Commissioner Holland asked staff what the distance requirement is between the house to a fire hydrant.
Staff said that is not an Environmental Health question. Commissioner Holland asked how we get to the
issue of fighting a fire with all the trucks on the property. Commissioner Cope responded that he is sure a
referral would have been sent to the fire district and asked staff if a referral comment was received. Staff
said they received a referral from Platte Valley Fire stating if a second building was added to the property,
the applicant would need to send the building plans to the district. Commissioner Holland expressed his
concern with the fire fighting capability at this location. Staff said there are adequate means of egress and
ingress on the property in the case of an event. Mr. Ogle said the referral comment from the fire district did
not mention any issues with fire suppression.
Sheri Lockman, Lockman Land Consulting, 36509 County Road 41, Eaton, Colorado. Ms. Lockman
explained that Mr. Ibarra currently runs 10 trucks that primarily service the oil and gas industry. The site is
adjacent to properties with similar uses. Ms. Lockman explained that after meeting with staff and
understanding requirements, the applicant decided to keep the 10 trucks and 12 employees that he
currently has and not add trucks or employees in the future. Mr. Ibarra does not wish to add the 15,000 sf
shop with an office; therefore would like to withdraw that request from the application. Ms. Lockman said
that the staff has been wonderful in working with them. Ms. Lockman requested that Development Standard
1. be amended to delete the 15,000 sf shop with office.
Commissioner Stille asked the applicant if they knew how close the nearest fire hydrant was to the property.
Ms. Lockman said Mr. Ibarra thinks it is located on the corner of County Road 53 and County Road 52 but
pumper trucks/tankers are usually used in rural areas.
Commissioner Johnson asked for explanation about the issue with Condition of Approval 1.D.9 regarding
having the gate open. Ms. Lockman explained the gate is 17 feet back from the road and the requirement
is 35 feet. The applicant is requesting a waiver and they will leave the gate open during working hours so
there is never a reason for a truck to be parked in front of the gate.
Commissioner Cope asked if the applicant has always had two shifts. Ms. Lockman said he normally has
had two shifts.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Ogle requested that the language "and up to one 15,000 sf shop with office" be removed from the
Request from the first page of the Resolution. Chair Wailes read into record the amendment to
Development Standard 1. to remove the 15,000 sf shop and office. Mr. Choate explained the Planning
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Commission can make a motion to change the Request in the Resolution along with the Development
Standard 1 in this case because it is a reduction in scope. He explained that typically a change to the
Request and Development Standard 1 would require the case be continued.
Motion: Amend Request and Development Standard 1 by removing "one 15,000 SF shop (with office)"",
Moved by Tom Cope, Seconded by Elijah Hatch. Motion carried unanimously.
Staff requested that Condition of Approval 1.D.9 be changed to read "Show and label the entrance gate as
applicable."
Motion: Amend all the Conditions of Approval as requested by Staff, Moved by Bruce Johnson, Seconded
by Richard Beck. Motion carried unanimously.
Ms. Light requested amending Development Standard 13 to add "Portable toilets must be screened from
public view." She also said Condition of Approval 6 can be deleted since the applicant is no longer building
any structures.
Motion: Remove Condition of Approval 6 as recommended by Staff, Moved by Gene Stille, Seconded
by Tom Cope. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
amended Conditions of Approval and if they are in agreement with those. The applicant replied that they
are in agreement.
Motion: Forward Case USR18-0122 to the Board of County Commissioners along with the amended
Conditions of Approval and amended Development Standards with the Planning Commission's
recommendation of approval, Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Chair Wailes stated that the applicant and staff have shown that the application meets the 7 criteria of Weld
County Code, Section 23-2-220.A.
CASE NUMBER: USR18-0126
APPLICANT: CLIFF SIMPSON
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE INCLUDING LOCATION AND OPERATION
BASES FOR BUSINESSES WHOSE PRIMARY ACTIVITY INCLUDES THE
FOLLOWING KINDS OF USES: PARKING AND MAINTENANCE OF
EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT; EQUIPMENT
AND STORAGE YARDS FOR ROAD AND PIPELINE CONSTRUCTION
CONTRACTORS, AND PRODUCTION UNIT SET-UP AND MAINTENANCE
CONTRACTORS; PARKING AND MAINTENANCE FOR TANK AND WATER
SERVICE COMPANIES; STORAGE AND RENTAL YARDS FOR PIPE AND
PRODUCTION EQUIPMENT; FIELD OFFICES USED BY PRODUCTION -
RELATED RECORDS AND MAINTENANCE PERSONNEL; AGRICULTURAL
SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON
A FEE OR CONTRACT BASIS, INCLUDING FERTILIZER STORAGE, MIXING,
BLENDING AND SALES; ANY USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS, (PARKING STORAGE AND STAGING OF
COMMERCIAL VEHICLES, GENERAL CONTRACTOR, STORAGE,
MAINTENANCE, REPAIR OF CONSTRUCTION PRODUCTS AND EQUIPMENT
SALES AND WELDING OPERATIONS); ANY USE OF A RESEARCH,
REPAIRING, MANUFACTURING, FABRICATING, PROCESSING,
ASSEMBLING OR STORAGE NATURE MAY BE CONDUCTED OUTSIDE OF
AN ENCLOSED BUILDING, PROVIDED THAT THE USE AND/OR OPERATIONS
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OF THE USE ARE SCREENED FROM ADJACENT PUBLIC RIGHTS -OF -WAY
AND ADJACENT PROPERTIES; AREAS FOR PARKING VEHICLES OR
EQUIPMENT, SO LONG AS SUCH PARKING AREAS ARE SCREENED FROM
THE ADJACENT PUBLIC RIGHTS -OF -WAY AND ON ADJACENT
PROPERTIES; OUTDOOR STORAGE WHEN SCREENED FROM PUBLIC
RIGHTS -OF -WAY AND ADJACENT PROPERTIES PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS AND MORE THAN THE
NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER
LEGAL LOT OR PARCEL IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: S2NW4 SECTION 26, T8N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 45 APPROXIMATELY 0.25 MILES SOUTH
OF CR 90.
Kim Ogle, Planning Services, presented Case USR18-0126, reading the recommendation and comments
into the record. Staff received 3 phone calls from area residents who were concerned about trucks idling,
non-specific noise, safety, fire, aesthetic impact, impact from truck traffic and general road conditions The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner Johnson asked if the USR will cover the area for the business or the entire 80 acres. Staff
explained the USR will cover the 80 -acre property.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Mr. Pinkham requested deleting Condition of Approval 6.B as it does not apply to this case.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Tony Evans, Encompass LLC, 1001 East Harmony Road, Suite A201, Fort Collins, Colorado. Mr. Evans
said he is representing the applicant Cliff Simpson. He said that Mr. Simpson lives on the property with
his family. Mr. Simpson does not wish to have a large commercial business; his business is primary an
agriculture business. Mr. Evans stated that Mr. Simpson farms his property and has agricultural equipment
on site.
Mr. Evans said he has two concerns with the Conditions of Approval. He requested that the applicant not
be required to have a survey done on the property to confirm the right of ways. Mr. Evans said he does not
feel it is necessary for them to have an improvements agreement.
Commissioner Cope asked if there will be 34 employees on the site at full build out. Mr. Evans confirmed
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.
Commissioner Johnson said with that many employees, he thinks that there should be a water and
sanitation plan. Ms. Light explained that Condition of Approval 6.A addresses that concern but since the
applicant is already in operation, the Conditional of Approval could be moved to prior to recording the map.
Commissioner Cope asked where the location was for employee parking. Mr. Evans said it will be to the
west of the building.
Chair Wailes asked Ms. Light for direction on where Condition of Approval 6.A should be moved. Ms. Light
responded that it should be moved under Condition of Approval 1.H Prior to Recording the Map, and re -
letter accordingly.
Motion: Amend Condition of Approval 6.A to 1.H as requested by Staff, Moved by Tom Cope, Seconded
by Bruce Johnson. Motion carried unanimously.
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Mr. Pinkham asked that Condition of Approval 6.C "Accepted construction drawings and construction of the
off -site roadway improvements are required prior to operation." be removed because it does not apply to
this case.
Motion: Remove Condition of Approval 6.C as requested by Staff, Moved by Tom Cope, Seconded by
Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the Development Standards and Amended
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0126 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 Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
The Chair called a recess at 2:25 p.m. and reconvened the hearing at 2:39 p.m.
(Commissioner Sparrow had to leave the hearing.)
CASE NUMBER: USR18-0125
APPLICANT: HIGH PLAINS RV STORAGE & SERVICE, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (RV AND BOAT STORAGE, TWO DUMP STATIONS, A
100,000 GAL FIRE SUPPRESSION TANK, STEEL FRAMED ENCLOSED AND
COVERED PARKING GARAGES, ONE 6000 SF STEEL FRAMED RV
MAINTENANCE SHOP WITH OFFICE AND SECURITY LIVING QUARTERS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -4435, PART N2 SE4 NE4 SECTION 33, TIN, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 7; APPROXIMATELY 3325 FEET NORTH
OF HIGHWAY 7 (CR 2).
Kim Ogle, Planning Services, presented Case USR18-0125, reading the recommendation and comments
into the record. The Planning Department received 30 letters of correspondence concerning this land use
application. One neighbor adjacent to the north of the property said he had no opposition to the application
because of the other commercial uses in the near proximity but had concerns with hours of operation, dust,
access and lighting. Staff received 9 letters from property owners within 500 feet from the site and 19
letters from property owners and neighbors who live within the greater Ranch Eggs neighborhood. Letters
expressed concerns with traffic, excessive speed, large trucks on narrow roads, lack of shoulders, dust,
lighting, hours of operation, endangerment of water quality, injury to water and easement rights,
incompatibility, property values, quality of life, loss of rural residential feel and blocking the area views of
the front range. Mr. Ogle read into record a letter of opposition received from the Ranch Eggs
Neighborhood Association Board on March 29, 2019. The letter contained a list of conditions of approval
the association would like to see added to mitigate their concerns. The letter can be found as Document
30 in the Inventory. Staff received 3 phone calls regarding this case. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
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Commissioner Ford asked if the property to the north was a commercial salvage yard. Staff replied that it
was private property.
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.
The Chair asked staff if the RV dumping would go into the septic system or an isolated vault. Ms. Light
said it would go into an isolated vault with an alarm.
Kristie and Danny Oenes, 587 County Road 7, Erie, Colorado. Ms. Oenes said they purchased the property
approximately 2 years ago in hopes to build an RV storage facility. She said there will be approximately
268 spaces that include open parking, covered parking, some parking in enclosed garages. Ms. Oenes
stated that they plan on building the facility in 3 phases. The first phase will include excavating the land,
putting down recycles asphalt and enclosing the property with an 8 ft fence so they can open to the public
for open and covered parking. During the second phase, they plan to build a 6,000-sf metal shop that will
be an RV maintenance facility. Mr. Oenes will be the primary mechanic in the shop. The third phase will
be building enclosed garages. Mr. Oenes said they plan to place a stainless -steel drip pan under every
vehicle with a motor or generator to ensure no contamination on the land.
Commissioner Cope asked the applicants how the two fire hydrants were going to be fed. Mr. Oenes said
from the pump house/storage tank. Commissioner Cope asked if a residence was proposed for the site.
Mr. Oenes said there will be a small apartment in the shop area for the night guard.
Commissioner Stille asked the applicant to elaborate on the lighting and security. Mr. Oenes said the
lighting will meet the Dark Sky standards and will be shaded so light goes directly down. He said the shop
will have a light on the man door. Ms. Oenes said the site will be gated and the customer will need to have
an access code. She said there will be security cameras and they also plan to have a camera pointed at
the license plates of the vehicles that enter the site.
Commissioner Holland asked the applicant if they have a water connection with Left Hand Water. The
applicant said he spoke with them and they provided them with a letter that they can provide water.
Commissioner Holland asked the applicant if they own the irrigation rights. Mr. Oenes said they don't.
Arthur Kohn, 2790 175th Avenue, Erie, Colorado. Mr. Kohn expressed concern about traffic on County
Road 7, He said he has a contract with the dump that they will not use County Road 7. Mr. Kohn is
concerned the business may be in a flood area and may cause flooding to other properties if they change
the level of their property.
Mr. Ogle told The Chair that during the applicant's presentation they mentioned their facility would be done
in three phases and that information was not provided in the application. Therefore, staff was unaware of
the phases. Mr. Ogle said that Environmental Health may have some conditions to be applied to the first
phase of the project.
Ms. Light said she was not aware of the three phases. She said they will have to have a portable toilet in
the first phase and she will need to add a Development Standard for that.
Ashleigh Merritt, 645 County Road 7, Erie, Colorado. Ms. Merritt stated her property is directly across the
street from the proposed RV storage facility. She said that they purchased their property twenty years ago
because of the charming history, breathtaking views and community feel. Ms. Merritt said they built their
house so they could enjoy views from every room and she is upset that her view will be RVs and boats.
They have livestock on their property and she expressed concern of the RV parking facility not being
compatible with the neighborhood.
Jamie Merritt, 645 County Road 7, Erie, Colorado. Mr. Merritt stated he was Ashleigh's husband. He said
he strongly opposes the proposal and hopes the Planning Commission will deny High Plain's their
application. He expressed concern with High Plains not being compatible in their neighborhood. He said
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it is in contrast to the Planning Commission's March 19th decision to endorse Weld County's Ordinance
2019-02 which would prevent this property from being commercially developed. Mr. Merritt is concerned
about health, safety, convenience and general welfare of present and future residents. He said it will be an
eye sore and decrease property values. Mr. Merritt is concerned about future flooding.
Commissioner Cope asked the applicant if the irrigation ditch that goes across the applicant's property
serves his property and his neighbor's property. Mr. Merritt said that is correct. Commissioner Cope asked
if the ditch is controlled by a head gate. Mr. Merritt said it is controlled by a pump that lifts the water from
the ditch up and gravity feeds the water to his property. He said the proposed piping would not work
because of the grade change the applicant plans on doing.
Herbert Riehl, 3398 County Road 4, Erie, Colorado. Mr. Riehl said he lives on the north edge of Ranch
Eggs subdivision. He said he is concerned about the compatibility of an RV storage facility in a residential
area. Mr. Riehl showed some pictures of other storage facilities in the area to show examples of how their
views will be.
Dee Trembath, 3376 Longview Road, Erie, Colorado. Ms. Trembath stated that she is part of the RENA's
Membership. She said she lives on County Road 6 and that road is impacted by the existing RV storage
facilities along the road. Ms. Trembath said there is a lot of traffic because the people have access to the
sites 24 hours a day. She said that a lot of people do not comply with the posted speed limit. Ms. Trembath
is concerned about the lighting.
Shawn Davies, 589 County Road 7, Erie, Colorado. Mr. Davies said he is part of the Spirit Heart Ranch
which is the residence and horse facility on the western property line that borders the applicant's property.
He said the owner of the property, Tana Shultz, purchased the property three years ago and they have a
partnership with the horse facility. Mr. Davies said they have worked hard to renovate the property. He
doesn't want their views and property values affected. He is also concerned about flooding.
Commissioner Cope asked Mr. Davies if his facility and the Cultural Center across the street are serviced
by the same private road. Mr. Davies said yes. Commissioner Cope asked how much traffic there is now.
Mr. Davies said he would estimate 4 to 5 homes down the road. He said the Buddhist Church has quite a
bit of traffic. Mr. Davies said they get traffic on the weekends for their horse facility. Commissioner Cope
asked if the neighbors have discussed paving the road. Mr. Davies said it is too expensive.
Commissioner Hatch asked Mr. Davis who grades and maintains the private road. Mr. Davies said one of
the neighbors grades it.
Commissioner Johnson asked who has the right to use that road. Mr. Davies said it is his understanding
that it is for the use of the residents who live on that road. They have access up until their properties but
cannot use it past their property.
Ed Kosorok, 3923 County Road 6, Erie, Colorado. Mr. Kosorok said they have a good business plan just
not in their neighborhood. He feels their lifestyle will be impinged upon. Mr. Kosorok is concerned about
safety and mentioned when the Sheriffs office is called, it takes two hours for them to show up.
Chris Raimo, Secretary of the Ranch Eggs Neighborhood Association, 914 County Road 7, Erie, Colorado.
Ms. Raimo said they bought their home 18 years ago. She said they have spent the last three years
updating their home. Ms. Raimo said their neighborhood is a neighborhood in transition and residents have
invested in improving their homes and the neighborhood. She does not want their view to be an RV parking
facility.
Commissioner Johnson asked Ms. Raimo what the intent of Ranch Eggs Neighborhood Association is to
address the other properties in the neighborhood that are in disrepair. Ms. Raimo explained the Association
does not have any power to enforce Weld County zoning regulations. She said they have had
conversations with Weld County Zoning and have asked the County to help bring these properties into
compliance. Commissioner Johnson asked if the Association has ordinance and convenants. Ms. Johnson
said they do not. Commissioner Johnson asked what services the Association provides. Ms. Johnson said
it provides representation in matters such as this hearing and membership services in dealing with the
landfill.
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Commissioner Cope asked Ms. Raimo if she knew who has access and rights to use the access road. Ms.
Raimo said it is how Mr. Davies explained it; It is a private access way that is not in the Ranch Egg
Subdivision and is limited for the use of residents who own property along the road.
Sherri Struble, 3310 Johnson Lane, Erie, Colorado. Ms. Struble said that she is the President of the Ranch
Eggs Neighborhood Association. Ms. Struble stated that Ranch Eggs has suffered by the encroachment
of Broomfield's housing developments. She said she feels it is difficult to get Weld County to be aware of
the concerns of their small community. Ms. Struble said she would love for Weld County to help get the
neighborhood in compliance. She asked the Planning Commission to deny the request.
Commissioner Ford asked if Lowell Lane was the County Line Road. Ms. Struble replied it is the County
Line between Broomfield County and Weld County; it used to be Highway 7, but Broomfield annexed up to
Lowell Lane. Commissioner Ford asked if all the houses to the south of Lowell Lane were in Broomfield.
Ms. Struble replied that was correct.
Commissioner Johnson asked if the applicant's property was within the Association's boundaries. Ms.
Struble said the boundaries are along all four sides of the applicant's property.
Mike Schweitzer, 3298 County Road 4, Vice President of Ranch Eggs Neighborhood Association. Mr.
Schweitzer said he feels the RV storage should go in a commercial zoned area not in their rural residential
area. He said their neighborhood is in transition and asked the Board to help the subdivision recover.
The Chair said he appreciated Mr. Schweitzer's passion for his neighborhood. Mr. Schweitzer said their
homes are their investments and he hopes the Planning Commission will help protect that.
Sandra Barnett, 3160 Johnson Lane, Erie, Colorado. Ms. Barnett said she purchased her property in 1966.
She spoke about the history of the Ranch Eggs Subdivision. Ms. Barnett said she does not want to step
out her front door and look at a storage unit.
Chris Raimo asked to read a letter into the record from neighbor Bob Graeber, 593 County Road 7, Erie,
Colorado. Mr. Graeber wrote that he owns vacant land directly south of the applicant's property and he is
concerned about his property values going down. Ms. Raimo said he wants to sell the vacant land for
residential purposes. Mr. Graeber expressed concern about the private road and flooding.
Commissioner Cope asked if Mr. Graeber stated what his intended use of his vacant land is in his letter.
Ms. Raimo said he did not, but that he has personally shared with them he would like to sell three 3 -acre
lots for residential use. She said he owns a water tap on the property.
The Chair called a recess at 5:00 p.m. and reconvened the hearing at 5:11 p.m.
The Chair stated that the County Attorney has done some research on the private access road. Mr. Choate
said the road is a deeded right-of-way through various deeds occurring in the late 60s, early 70s. Any
residents to the west are allowed to use the road up to their property. The road is not designed for properties
to the east. Property owners can use the road to access their property in any way as long as it doesn't
interfere with the properties to the west who use the road.
Ms. Oenes said that no one coming in or out of their facility will have to go beyond their property so the
properties to the west of them will not be impacted.
The Chair asked the applicants to address the concerns about flooding. Commissioner Beck said he
doesn't think the applicant have to address flooding concerns. He feels they only need to address the fact
that they have an irrigation ditch going through their property and they are responsible to allow the water to
be delivered from one side to the other. Commissioner Wailes said they do have a responsibility to maintain
historical flow. The release rate has to be the undeveloped site 10 -year historic storm amount.
Ms. Balzano from Public Works said they are required to detain the 100 -year storm run off from their site,
which is what their pond does. If they raise their site, they need to contain the off -site run off as it is routing
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around that site without impacting other properties negatively. Ms. Balzano said she needs to research the
culvert to find out who owns it.
Commissioner Holland asked Ms. Balzano if she knows where the 100 -year floodplain is across the site.
Ms. Balzano said it is not located on the site or within a mile from any direction.
Commissioner Holland asked the applicant who owns the water rights. Mr. Oenes said the property owners
to the east of County Road 7 own the water rights. He said it releases from a pumphouse into a ditch that
comes across their property. Mr. Oenes said he will have an engineer figure out the water control issues.
The Chair asked the applicant to address the lighting concerns and hours of operation. Ms. Oenes said
that they requested 24/7 hours in their application, but they are willing to change their hours to 6:00 a.m. -
10:00 p.m. in order to address the neighbors' concerns. Mr. Oenes said the lighting will have 90' angled
shades that direct the light down and lighting will be motion activated.
Ms. Oenes said they do care about the neighbors concerns about property values. She said they are willing
to mitigate with the neighbors to address their concerns. Ms. Oenes said she feels that speed limit concerns
are everywhere. Ms. Oenes questioned why only one surrounding property owner opposed the other USR
for an RV parking facility in the neighborhood in 2016. She said the vacant land they purchased was for
sale for a long time and feels that if someone wanted to preserve that vacant land it was available for
purchase to anyone.
The Chair asked the applicants for clarification on their plans for phased construction of their business. Mr.
Oenes explained for the first phase, they plan to do the grading, detention pond, fencing, security system,
fire prevention system and a, mobile office with portable toilets. He said the second phase will be to build
the shop. The third phase will be to build the enclosed garages. The Chair asked the applicant if they will
be open for business during the first phase. Mr. Oenes said once everything is completed and in
compliance, they will open.
Commissioner Cope asked how the parking space lines will be delineated on the gravel. Mr. Oenes said
they will use metal stakes and run nylon rope to make the lines. They will also stake metal tags into the
ground that show the row and parking space number.
Ms. Light said the mobile office and phased construction was not mentioned in their application, so some
new development standards will need to be added. She read into record a new Development Standard 21
that reads, "For 10 or less customers or visitors per day, and 2 or less full-time employees on site, portable
toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on
a quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and be screened from public view."
Motion: Add new Condition of Approval 21 and re -number accordingly as requested by Staff, Moved by
Richard Beck, Seconded by Bruce Johnson. Motion carried unanimously.
In reference to the shop, Ms. Light read into the record a new Development Standard 18 that reads,
"Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained."
Motion: Add new Condition of Approval 18 and re -number accordingly as requested by Staff, Moved by
Richard Beck, Seconded by Lonnie Ford. Motion carried unanimously.
Mr. Ogle made a recommendation to add a new Development Standard 4 to read, "Vehicular access to the
fence -enclosed parking area is restricted to 6:00 a.m. - 10:00 p.m., daily.
Commissioner Cope recommended Development Standard 3 be changed to read, "The shop hours of
operation are..."
Motion: Amend Condition of Approval 3 and add new Condition of Approval 4 and re -number accordingly
as requested by Staff, Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously.
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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.
Commissioner Holland expressed his sympathy for those who want to live in Weld County because of what
Weld County represents. On the other hand, he said he also has support for what the Weld County
Commissioners are trying to accomplish. Commissioner Holland stated he lives in the area and believes
that the area is surrounded by unfortunate circumstances such as the landfill and growth of Erie and
Broomfield.
Commissioner Holland said he recommends denial based on Weld County Code, Section 23-2-220.A.3
that indicates the uses which will be permitted will be compatible with existing and surrounding land uses.
Commissioner Stille provided the second based on Weld County Code, Section 23-2-220A.3, A.4, and A.7
in addition to Section 22-2-20.H.3.
Motion: Forward Case USR18-0125 to the Board of County Commissioners along with the Conditions of
Approval and Amended Development Standards with the Planning Commission's recommendation of
denial, Moved by Skip Holland, Seconded by Gene Stille.
Vote: Motion failed (summary: Yes = 2, No = 6, Abstain = 0).
Yes: Gene Stille, Skip Holland.
No: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Bruce Sparrow.
Commissioner Hatch said he believes it is compatible with the other land uses in the area.
Commissioners Beck and Ford also said they believe it is compatible with the other land uses in the area.
Commissioner Cope said he thinks it is compatible with the other land uses in the area. He said there is
another commercial business west of the property and the property across the street is a church. He said
he feels this will be a fairly low impact to the semi neighborhood area.
Commissioner Johnson said he concurs with the other Planning Commissioners. He suggested the
subdivision get an attorney and set some ordinances and regulations for the community to follow.
Motion: Forward Case USR18-0125 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 Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
No: Gene Stille, Skip Holland.
Absent: Bruce Sparrow.
Commissioner Johnson said he feels staff did a good job of proving their recommendation, and he feels the
applicant is doing their best to address all the concerns of neighbors.
Commissioner Beck shared his experience of a 70 -acre horse property he purchased in 1971. He said that
after 20-30 years, civilization caught up to his property and he no longer could preserve the view he had.
He sold his property and moved further into the country. Commissioner Beck said he sympathizes with the
community, but growth is happening all around us. He also explained that as the Planning Commission,
they have to base their recommendations on County Code.
Commissioner Hatch said he believes it is compatible with the other land uses in the area.
Commissioner Holland stated he is opposed to it.
Commissioner Stille said he does not believe it is compatible with the rural, ag, horse environment.
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Michelle Wall
Secretary
Commissioner Wailes stated that he feels RV storage is a low impact on a neighborhood. He said he has
one in his neighborhood. The Chair referred to Ms. Barnett's testimony about the history of Ranch Eggs,
and saki the community was built out of enterprise. He said that enterprise is changing but perhaps the
community can have some pride that their community still has some enterprise.
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 5:57 pm.
Respectfully submitted,
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