HomeMy WebLinkAbout20190349SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 15, 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 Stifle, Tom Cope, Lonnie Ford, Richard
Beck.
Absent: Elijah Hatch, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Department of
Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Mike McRoberts
and Hayley Balzano, Public Works; Frank Haug, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the December 18, 2018 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: COZ18-0005
APPLICANT: PAUL & MICHELLE KING
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE E (ESTATE) ZONE DISTRICT TO THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3358, PART NW4 SECTION 10, T7N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84, EAST OF AND ADJACENT TO CR 19.
Angela Snyder, Planning Services, presented Case COZ18-0005, 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.
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.
Michelle and Paul King, 28990 Highway 257, Greeley, Colorado. Ms. King stated they want to build a
single-family home on the property.
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 COZ18-0005 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
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2019-0349
CASE NUMBER: USR18-0107
APPLICANT: KERR MCGEE GATHERING, LLC
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 7,5 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 6, 7, 8, 9,10, AND 15, T3N; SECTIONS
18,19, 30, AND 31, T4N; ALL IN R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO
LOCATION: EAST OF CR 13. SOUTH OF CR 46, WEST OF CR 19.5, NORTH OF CR 32.5.
Angela Snyder, Planning Services, presented Case USR18-0107, 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.
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.
Nathan Keiser, Anadarko Petroleum Corporation, 1099 18th Street, Suite 1800, Denver, Colorado. Mr.
Keiser stated the applicant is proposing a 24" high-pressure natural gas pipeline connecting the existing St.
Vrain Compressor Station to the proposed Johnstown Compressor Station. Mr. Keiser explained the
applicant has 4 different well locations in the Johnstown area that have a total of 43 wells.
Commissioner Sparrow said he noticed the pipeline has a lot of curves and wondered if that was to pick up
wells heads or to get easements. Mr. Keiser said the reason would be to get to the other compressor
station and the way they had to get there from a right-of-way acquisition standpoint.
Commissioner Johnson asked the applicant if all the surface owners have signed easement agreements.
Mr. Keiser answered they have and that they are currently negotiating with ditch companies and Public
Works to get crossing agreements completed.
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 USR18-0107 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 = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: PUDZ18-0003
APPLICANT: JOE & LORI STRICKLIN
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR SIXTEEN (16)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES ALONG WITH
COMMON OPEN SPACE. (LONESTAR ESTATES PUD)
LEGAL DESCRIPTION: LOT B 1AMRECX18-16-0035, PART E2E2 SECTION 19, T6N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 392 AND EAST OF AND ADJACENT TO
CR 27.
Diana Aungst, Planning Services, presented Case PUDZ18-0003, 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.
The Chair asked if there was an overlay district for the airfield that is south of the property. Ms. Aungst said
there is not; the FAA had no concerns.
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.
Commissioner Stille asked staff if each residence will have their own tap. Ms. Light answered that they
would. Commissioner Stille confirmed there would not be a master meter. Ms. Light said there would not
be a master meter.
Joe Stricklin, 32550 County Road 27, Greeley, Colorado. Mr. Stricklin stated that he purchased the property
approximately 12 years ago. He explained that this part of the property can no longer get irrigation water,
making it difficult to grow crops. Mr. Stricklin said he would like to have lots that allow residents to have
horses or animals.
Commissioner Stille asked if there was a road to the property south of County Road 27. Mr. Stricklin said
there was not. Commissioner Stille asked if the airfield that is south of the property was still active. Mr.
Stricklin said it was and explained the pilot usually takes off and lands the plane from the south.
Commissioner Beck asked the applicant if he plans on having an HOA. Mr. Stricklin said yes and that he
wants there to be nice properties where there can be horses.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Beau Hastings, 13474 County Road 66, Greeley, Colorado. Mr. Hastings explained his property is directly
south and east of the applicant's property. He is concerned with this development causing more traffic at
County Road 27 and Highway 392. Mr. Hastings said traffic gets held up when a driver is trying to turn left
at 392; the other day he waited in line for a half hour. He is concerned about safety. There is a lot of truck
traffic on the roads. Mr. Hastings does not feel the roads are adequate for additional traffic without added
turn lanes or improvements.
Mr. Hastings is also concerned about the existing dairy that is located southwest of the applicant's property.
He said the dairy has been there for approximately 20 years. Mr. Hastings feels agriculture and the
economy should be protected from new people moving in and complaining about the odor from an existing
historical agricultural facility.
Jeff Podtburg, Podtburg and Sons Dairy, 32501 County Road 27, Greeley, Colorado. Mr. Podtburg said
that he and his family own the dairy. He said they have a special use permit for 3,000 animals and
permission to dairy on the property. Mr. Podtburg expressed it is getting more difficult to run a dairy in a
County that is supposed to be a right -to -farm County. He said neighbors complain about the dairy
constantly.
Mr. Podtburg is concerned about the traffic. He said they already have trouble moving their trucks in and
out of their property with the existing traffic. He feels there is no longer any respect for agriculture.
Dave Mitchell, 32799 County Road 27, Greeley, Colorado. Mr. Mitchell stated that he lives across the street
from the applicant, He said he is not necessarily opposed to the development of small acreages, but he
shares the same concerns as his other neighbors on the traffic. Mr. Mitchell stated that the traffic in the
area is horrendous. He said there should be a traffic light and improve the road.
Commissioner Stille said that he thinks the County should open up County Road 27 and the State should
put in a stop light.
Commissioner Wailes stated he has never heard anyone at a hearing say they have excellent traffic in their
neighborhood.
Due to all the increase in traffic and population, Commissioner Beck mentioned it would be nice if the
County and State could work together to address the roads in this area.
Commissioner Johnson agreed how horrendous the traffic is in this right -to -farm area.
The Chair asked Ms. Balzano what comments CDOT made on this case. Ms. Balzano said their
correspondence stated was that this site would make less than a 2 percent impact on traffic.
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 PUDZ18-0003 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Wailes stated that he feels staff did a great job of showing the application meets all 7 of the
criteria for Section 23-2-220 of the Weld County Code.
Commissioner Beck stated he would ask the Board of County Commissioners to take note of the Planning
Commission's comments regarding the traffic situation and work with Public Works and the State to make
improvements at those intersections.
The Chair said he has confidence that the long-range planning efforts of Weld County will have a more
sensical and logical approach on development in the future. Commissioner Wailes said he feels this use
for this property will be low impact to the traffic compared to if a commercial facility moved in.
Commissioner Cope said he understands the issues the dairy is having in that area. He feels this will be
the best use of this property making the least impact for that type of ground.
The Chair called a recess at 1:37 pm and reconvened the hearing at 1:46 pm.
CASE NUMBER: USR18-0102
APPLICANT: ENGLISH FEEDLOT 2 LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS FOR ANIMAL
WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING OF
POULTRY LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SW4 SECTION 8, Ti N, R65W EXCEPT FOR A STRIP ALONG THE EASTERLY
BOUNDARY APPROXIMATELY 704 FEET WIDE OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 3,300 FEET
WEST OF CR 41.
Chris Gathman, Planning Services, presented Case USR18-0102, reading the recommendation and
comments into the record. Staff received a phone call from a surrounding property owner yesterday who
had concerns about odor and the potential for disease. This morning staff received a letter from a
surrounding property owner addressing their concerns with flies and brown beetles, odor, unsightly smoke,
health and the well-being of family, pets and livestock. Mr. Gathman explained he wasn't sure if these
comments/complaints are regarding the already established English Feedlot that is located on the property
next to this proposed site as this USR is proposed and is not currently operating. The applicant responded
to the surrounding property owner's concerns that their processing site would heat the litter to 170+ degrees
which will kill insect larvae and bacteria; raw litter will be processed regularly, and final product will be
shipped offsite or sealed in 1 -ton supersacks. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Hayley Balzano, Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Ryan Brandt, ReNewTrient II LLC, 33272 Oasis Road, Center City, Minnesota. Mr. Brandt is working
alongside with Farm Nutrients who has a contract with Sparboe Farms to process raw poultry litter into 3/8"
pellets. The pellets will be land applied to organic crops in farm fields. The pelletizing equipment heats the
poultry litter to 170+ degrees which kills pathogens as well as insect larvae or any insect activity. The final
product of pellets will leave the site in either one -ton super sacks or by bulk truckload. There may be times
the one -ton super sacks are stored on the property for a short time.
Commissioner Sparrow stated that chicken manure has a lot of ammonia in it and he asked the applicant
if there was going to be a lot of odor coming from the product. Mr. Brandt explained that the poultry litter
here is about 85 percent total solids and 15% moisture; therefore, decreasing odor. Mr. Brandt said the
raw litter will have some ammonia coming off unabated, but this process would bind the raw litter by
removing the moisture and sealing it into a pellet. Mr. Brandt said they met with the appropriate personnel
to discuss the air permitting process and were told they need to get an APEN.
Commissioner Cope asked where the raw poultry litter was stored and how the product was getting to their
facility. Mr. Brandt explained the stockpiles are at English Feedlot 2 which is adjacent to the pellet
processing building.
Commissioner Stille asked if chicken feathers, wasted feed or any other animal product end up in the piles.
Mr. Brandt said a small amount does, but they cannot process that. Commissioner Stille asked if the
operation was 24/7. Mr. Brandt said the hours of operation will be from Monday — Sunday from 7 am to 7
pm.
Commissioner Sparrow asked if the applicant plans on composting chickens. Mr. Brandt said they will not.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mary Lou Green, 19226 County Road 12, Hudson, Colorado. Ms. Green said she owns the 240 -acre
property located adjacent to the site. She is concerned about the odor, mice, and diseases associated with
chickens and manure. Ms. Green said she does not feel this is safe for the environment or her family. She
said this is their family farm. They have 22 heads of cattle that they are also concerned for.
Bias Chavez, 19264 County Road 12, Hudson, Colorado. Mr. Chavez said he lives next door to the English
Feedlot. He said there is a lot of odor from the chicken manure piles and that they have had stockpiles for
a couple of years. Mr. Chavez is concerned for him and his family's health. He said the feedlot has trucks
bringing in the manure and removing it. The piles sit there for a couple of months before they are removed.
Mr. Chavez said one time the manure piles started on fire and the smoke was really bad. He said they
load their trucks right next to his fence and the dust is so bad he cannot see the truck they are loading. Mr.
Chavez is concerned if English Feedlot is permitted to have the chicken manure.
Martina Torres, 4207 County Road 39, Hudson, Colorado. Ms. Torres said after she received the
application review notification postcard in the mail, she has been skeptical about the process and has been
doing research. She said she has read many articles that stated ammonia and other chemicals are
hazardous to health. Ms. Torres is concerned for her children and grandchildren who live on the property
as well. She said they have little brown insects now that they didn't have before. Ms. Torres said she has
owned her property for 18 years.
The Chair asked the applicant if the chicken litter on the property belongs to English Feedlot and not the
applicant. Mr. Brandt said that is correct. Commissioner Wailes wondered if English Feedlot has a USR
for the manure storage or if that is a use by right.
Mr. Gathman said there is an old USR on the property from the 1970s for English Feedlot. He said the fact
that English Feedlot is hauling in chicken manure from an offsite chicken operation does raise a question.
Commissioner Cope stated that the feedlot is cattle, so the chicken manure is not produced on site;
therefore, the site could be in violation. He said the applicant is proposing to use the chicken manure from
the English Feedlot to process into pellets and is concerned that the piles are not permitted to be there.
The Chair explained that as far as this application goes, the storage of chicken litter on English Feedlot is
not part of this proposed USR.
Commissioner Beck said he didn't think the Planning Commission could avoid the fact that this company
plans to use chicken product from the site next door that may not be properly permitted.
Mr. Haug explained the Planning Commission needs to make sure that the County Code Section 23-2-220
and those 7 criteria are met in relation to this particular application. Mr. Haug said, in regards to the storage
of manure on English feedlot, research will need to be done to find out if the composting is a use by right.
Commissioner Sparrow asked staff how the County will monitor the odor coming from the applicant's site
when the site next door has chicken manure piles as well. He wondered how the two sites can be monitored
separately, Mr. Gathman said research will have to be done to figure out if the composting is a use by right.
Commissioner Cope asked the applicant if they have space on their site for delivery of chicken litter prior
to processing. The applicant said that they did. Both Commissioner Cope and Beck shared their concerns
about the source of where they are getting their chicken litter from because it is out of the applicant's control.
Mr. Brandt said that they would be open to having the manure stored on their site where they would have
control. The applicant proposed the USR with the current process operating next to their site.
Commissioner Sparrow asked the applicant how much they will process each day. Mr. Brandt answered
60 tons. Commissioner Sparrow asked how many gallons of moisture from the litter will be let into the air
and cause odor. Mr. Brandt explained that their facility has to be between 12 and 15 percent total moisture
in order for there to be enough binding for poultry litter to become a fertilizer pellet. They do not want to
lose a lot of moisture; they want to heat the litter to pasteurize it.
Commissioner Sparrow asked the staff how the County makes sure the process is not too offensive to the
neighbors.
Mr. Brandt explained they want to be a good neighbor and they are willing to work with the neighbors and
County to improve anything they can under their control. He explained it will not be an odor free facility but
that it would be less then composting which is what is going on next door. Mr. Brandt said they could limit
the storage of raw litter on their property to be processed.
Commissioner Beck asked the staff what department within the County does a property owner file a
complaint about a neighbor. Mr. Gathman explained complaints on land use can be directed to the Planning
Department and odor issues can be directed to Environmental Health.
Mr. Brandt said he spoke with English Feedlot today and was informed there is currently no chicken manure
stored on their site, it has all been removed.
Mr. Frissell explained the County does not normally regulate third -party transfers from farms, dairies,
feedlots, etc, He said that agricultural facilities are exempt from nuisance conditions. Mr. Frissell explained
that this processing facility would be exempt from solid waste regulations and would need to be registered
as a member of the Department of Agriculture and follow their regulations. He said for this particular USR,
Environmental Health would require a 15 to 1 pollution threshold for odor which is agricultural standard.
Environmental Health has inspectors that can take odor readings and determine if the odor is from the site
or offsite.
Commissioner Cope read Development Standards 6, 7 and 8 and said he feels these development
standards cover the nuisance issues.
The Chair asked the applicant if they would be able to store the chicken litter indoors. The applicant said
they do not have the room to store inside the building.
Commissioner Johnson asked how long the average outdoor storage of raw material would be before it is
processed into pellets. Mr. Brandt said approximately 30 days. Commissioner Johnson asked the applicant
if it would be possible to store the raw material in a bag or sack to contain the odor. Mr. Brandt said he
doesn't believe so because he thinks that would cause active composting and that it would be better for
them to process the litter as quickly as possible.
The Chair asked the staff if they have any changes or additions to amend Development Standards or
Conditions of Approval.
Mr. Frissell said Environmental Health would like to add a Development Standard based on the applicant's
response. The wording reads, "The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado
Department of Public Health and Environment, as applicable.
Motion: Add Development Standard 10, as recommended by Staff, Moved by Tom Cope,
Seconded by Bruce Sparrow. 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 USR18-0102 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 Tom Cope, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stile, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Cope said he felt all 7 criteria under County Code Section 23-2-220 were met and agreed
with staff recommendation.
CASE NUMBER: USR18-0082
APPLICANT: BEN & AMY TOTEMS
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (MANUFACTURING AND WOODWORKING INCLUDING
TINY HOMES, WOOD AND METAL TRUSSES, CABINETS AND PIPELINE
ASSEMBLY, OUTDOOR STORAGE, AND AUTOMOTIVE REPAIR AND
RESTORATION) 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 RE -4282, PART W2SW4 SECTION 20, T1N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 15; APPROXIMATELY 0.21 MILES NORTH
OF CR 6.
Michael Hall, Planning Services, presented Case USR18-0082, reading the recommendation and comments
into the record. Staff stated that this application had been submitted in response to a zoning violation
ZCV18-00105. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
The Chair asked staff if the violation complaint was about the business. Mr. Hall said the violation was
initiated by the Building Department staff while doing a building inspection on one of the tiny homes.
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.
Amy and Ben Totems, 2218 County Road 15, Brighton, Colorado. Mr. Totems said they currently live in
Northglenn but have plans on living on the property in the future. Mr. Totems explained the USR is broad
because they are trying to make income to afford to live on the property in the future.
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 to the Development Standards and Conditions of Approval.
Mr. Hall said he would like to amend Condition of Approval 1.F.9. to remove the wording "in accordance
with the Dark Sky Standard".
Motion: Amend Condition of Approval 1.F.9., as recommended by Staff, Moved by Gene Stille,
Seconded by Bruce Johnson. 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 USR18-0082 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 Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
The Chair called a recess at 3:39 pm and reconvened the hearing at 3:50 pm.
CASE NUMBER: USR18-0092
APPLICANT: EDDIE WRIGHT, BRITTANY WRIGHT & RITA GIANT
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (VEHICLE REPAIR AND SERVICE, AUTOMOTIVE BODY
SHOP), 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 -1861, PART E2SW4 SECTION 13, T4N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR
35.5.
Kim Ogle, Planning Services, presented Case USR18-0092, 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.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Eddie Wright, 17483 County Road 44, LaSalle, Colorado. Mr. Wright explained he has a small business of
doing higher -end restoration and custom cars. He said he works on an average of five vehicles a year. Mr.
Wright said he would like to change the hours of operation from 7:00 am to 9:00 pm and change the
residential noise limit to commercial.
Commissioner Cope asked why the applicant wants to change the noise limit to commercial. The applicant
would like to make sure he remains compliant with the Development Standards.
Commissioner Johnson asked the applicant if he works on the vehicles inside the shop. The applicant said
he does and the shop is insulated.
Commissioner Wailes asked the applicant if his cliental are private owners or if he does any work for
dealerships. The applicant said the vehicles they restore are privately owned. The Chair asked the
applicant what they focused on. Mr. Wright said one their specialties is doing a wide -body version which is
done on high -end European cars. He said they are the only shop in the United States offering this service.
Mr. Wright said they specialize with Porsche, Mercedes, BMW, muscle cars and street rod vehicles.
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: Amend Development Standards 3 and 15, as requested by the applicant, Moved by Bruce
Johnson, Seconded by Bruce Sparrow. 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 USR18-0092 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 Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Wailes said he feels the staff and applicant have shown they can fulfill all 7 criteria of County
Code Section 23-2-220.
CASE NUMBER: USR18-0096
APPLICANT: TAPROOT ROCKIES MIDSTREAM, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (STORAGE AREA FOR
FRESH WATER PIPELINES AND RELATED PIPELINE EQUIPMENT, PARKING
FOR EMPLOYEE VEHICLES AND A 7,380 SQUARE -FOOT FIELD
OPERATIONS BUILDING) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX18-0115, BEING PART OF THE N2SE4 SECTION 11, T8N, R61W
OF THE 6TH P.NI., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 95; APPROXIMATELY 0.25 MILES NORTH
OF CR 94.
Kim Ogle, Planning Services, presented Case USR18-0096, 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.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Tim Naylor, AGPROfessionals, LLC, 3050 67"h Avenue, Greeley, Colorado. Mr. Naylor is representing
Taproot Rockies Midstream, LLC. The applicant explained they are requesting an Oil and Gas Support
Service facility (field office) including a storage area for fresh water pipelines and related pipeline
equipment. Mr. Naylor said they will utilize the existing structure which is currently going through the
change -of -use process to be used a commercial office and garage. Hours of operation will be from 6:00
a.m. — 6:00 p.m. and four to six full-time employees are expected. Mr. Naylor said he feels they have met
the Development Standards and Conditions of Approval and are compatible with the area.
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 USR18-0096 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 Bruce Johnson, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR18-0108
APPLICANT: DANNY DORRANCE JR AND CASSANDRA DORRANCE
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 (TRUCK AND EQUIPMENT PARKING AND
STORAGE FOR CONCRETE BUSINESS) 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 D REC EXEMPT RECX18-0023, PART NE4 SECTION 4, T7N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 19, SOUTH OF AND ADJACENT TO CR 86.
Angela Snyder, Planning Services, presented Case USR18-0108, reading the recommendation and
comments into the record. Staff received three phone calls from surrounding property owners asking for
more information about the project. Yesterday, staff received a letter from the adjacent neighbor who
expressed concern about the proximity of the vehicles to his home since the proposed shop may be within
200 yards from his home. Another letter was received from a neighbor who expressed concern of a
commercial business not being compatible with the residential neighborhood. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Danny and Cassandra Dorrance, 35070 Cornerstone Way, Windsor, Colorado. Mr. Dorrance said they
own and operate D & D Concrete. They do flat work such as basements, garages, and driveways. He
explained no work will be done on site. The site will be used to store his trucks, skid steers and trailers.
The foremen will arrive onsite in the morning to pick up company vehicles and any materials they may need.
They will return at the end of the day to drop the company vehicle off and pick up their personal vehicle to
take home.
Commissioner Johnson asked the applicant why they chose this location in such a remote area instead of
closer to where they work. The applicant explained their decision was based on the cost of the land and
the high rent he is paying for his current location. Mr. Dorrance said they plan to live on the property in the
future.
Commissioner Beck asked the applicant how many acres the property was. The applicant replied 121
acres.
Commissioner Cope asked the applicant which towns most of their work is done. The applicant replied
they mostly work in Northern Colorado including towns such as Windsor, Severance, Eaton, Loveland and
Timnath.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Les Galvin, 40719 Remington Road, Ft. Collins, Colorado. Mr. Galvin said he owns the property across
the road. He is concerned about the broad description of the USR and would like to make sure there are
regulations in place to keep the area from becoming industrial.
Ms. Snyder stated that a Development Standard can be added to limit the amount of trucks and vehicles
allowed on the property.
The applicant said he currently has 4 crews with 5 vehicles but wants to allow room for growth of the
business. Mr. Dorrance would like to request a total of 16 vehicles on the property. He explained his plan
was to keep the shop and trucks in an area just shy of one acre so he does not have to get a grading permit.
Mr. Dorrance plans on keeping most of the trucks in the shop. He also plans to fence and screen the area.
Commissioner Johnson asked the applicant if their house will be in the area of the business. The applicant
said it would not.
Motion: Add a new Development Standard to limit commercial vehicles to 16, as requested by the
applicant, Moved by Bruce Johnson, Seconded by Tom Cope. Motion carried unanimously.
Commissioner Johnson asked what the size of the area is that is being permitted. Mr. Dorrance said it
would be 208" x 208", just shy of one acre.
Commissioner Sparrow asked for clarification that the applicant didn't plan to park any vehicles outside of
that 208" x 208" area. Mr. Dorrance explained he was requesting that because he didn't want to get a
grading permit. Commissioner Sparrow explained the applicant would only need a grading permit if he
leveled the whole acre. Commissioner Cope said that parking a vehicle on undisturbed land would not
need to be graded. Commissioners Sparrow and Cope suggested the applicant not limit himself to such a
small area. Mr. Dorrance said he would like to have 4 acres available for growth of the business but fence
an acre for now.
Motion: Add a new Development Standard to limit the business development envelope to 4 acres, as
requested by the applicant, Moved by Bruce Johnson, Seconded by Richard Beck. 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 USR18-0108 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 = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Wailes said he feels the staff and applicant have shown they can fulfill all 7 criteria of County
Code Section 23-2-220.
The Chair asked the public if there were other items of business that they would like to discuss.
Les Galvin, 40719 Remington Road, Ft. Collins, Colorado. Mr. Galvin asked the Planning Commission if
USR18-0108 covers the entire 121 acres, would that affect Mr. Dorrance from being able to build a home
on the property later. The Planning Commission explained it would not.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Johnson shared he feels the County needs to be concerned about commercial and industrial
uses on agricultural property. Commissioner Sparrow agreed and said with all the USRs being approved,
he wonders what it will be like in 10 years.
Meeting adjourned at 5:05 pm.
Respectfully submitted,
ai.det, WetLe-
Michelle Wall
Secretary
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