HomeMy WebLinkAbout20193673.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 6, 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 Johnson, Gene Stifle, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman, Michael Hall, Angela Snyder, and Maxwell Nader, Department of Planning
Services; Lauren Light, Department of Health; Evan Pinkham, and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the July 16, 2019 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Elijah Hatch. Motion passed unanimously.
Tom Cope nominated Michael Wailes as Chair, Seconded by Elijah Hatch. Tom Cope nominated Gene
Stille as Vice Chair, Seconded by Elijah Hatch. Nominations were closed and by Vote, Michael Wailes will
serve as Chair and Gene Stille will serve as Vice Chair for 2019-2020 year.
CASE NUMBER: USR18-0030
APPLICANT: NORTH WELD COUNTY WATER DISTRICT
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT
AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3156, PART E2E2 SECTION 30, T8N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 90; WEST OF AND ADJACENT TO CR 39.
Chris Gathman, Planning Services, presented Case USR18-0030, and stated that the North Weld County
Water District (NWCWD) requested to withdraw the Expedition Water Services' (EWS) USR application
because the previous authorization dated 2018 was granted as a condition of a previous purchase contract
that was terminated by EWS in 2018. There is not a current purchase contract between EWS and NWCWD
and no intention by NWCWD to divest the property.
Commissioner Stille said he is on the NWCWD Board and wished to recuse himself.
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: Withdraw Case USR18-0030 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 Elijah Hatch.
Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 1).
Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Abstain: Gene Stille.
CASE NUMBER: USR19-0042
APPLICANT: JOSHUA GERSTBERGER
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-
FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
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LEGAL DESCRIPTION: LOT A REC EXEMPT RECX16-0072, PART NW4 SECTION 9, T1 N, R68W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 5; APPROXIMATELY 0.5 MILES NORTH OF
CR 10.
Maxwell Nader, Planning Services, presented Case USR19-0042, 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.
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.
Josh Gerstberger, 4684 County Road 5, Erie, Colorado. Mr. Gerstberger said he lived in a mobile home
on his property while he built his home. Now he would like to build a second home on the property to be
used as a guest house for family members who visit.
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 USR19-0042 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Wailes said he agreed with the Staff recommendation and that the application meets the 7
subsections under Weld County Code Section 23-2-220.A.
CASE NUMBER: USR19-0033
APPLICANT: VAUGHN CITO
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE SIMILAR TO USES ALLOWED BY SPECIAL REVIEW AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT (EVENT FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION, SE -1024, PART W2NW4 SECTION 1, T4N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 50, APPROXIMATELY 0.6 MILES WEST
OF CR 13.
Angela Snyder, Planning Services, presented Case USR19-0033, 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.
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 Cope stated that he personally knows Vaughn but said he did not feel the need to recuse
himself because he could remain unbiased. Commissioner Wailes said that he also knows Vaughn and
Michelle but is not financially connected to this project and can remain unbiased.
Vaughn Cito, 5194 County Road 50, Johnstown, Colorado. Mr. Cito explained they are applying for a USR
to use their barn as a gathering place for small weddings and events. He said the community and Town
of Johnstown are in support of the facility. Mr. Cito explained that as they were building the barn, they were
contacted by several people wondering if they could hold events in the barn. He said there will not be
cooking allowed in the kitchen; the kitchen will be available for catering use.
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 USR19-0033 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR19-0034
APPLICANT: RUIZ TRUCKING, LLC AND GLORIA KARINA RUIZ
PLANNER: MICHAEL HALL
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 (SEMI -TRUCK PARKING FOR A WATER
HAULING BUSINESS AND FUEL STORAGE) 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: PART SW4 SECTION 1, T1N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52; APPROXIMATELY 0.1
MILES EAST OF CR 23.
Michael Hall, Planning Services, presented Case USR19-0034, reading the recommendation and
comments into the record. Staff received one letter of opposition from a neighbor who lives to the south of
the property. The neighbor had concerns with drainage, proper waste disposal, gunfire, parties, irregular
house of operation, heavy truck traffic, road damage, landscape damage, and real property damage. Mr.
Hall explained it is unclear if the complaints and nuisances mentioned in the letter are related to the previous
owners or the current owners of the property; the property was recently sold. Staff received a follow up
email from the concerned neighbor. Mr. Hall sent the neighbor a draft copy of the Staff Report and after
they read the report, they were in favor of the USR because of the conditions of approval and development
standards the applicant will need to follow. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Staff requested to delete Development Standard 23 because
the applicant does not meet the requirement for a State permit. Ms. Light asked to add the following wording
at the end of Development Standard 18, "The accepted Nuisance Management Plan shall be adhered to".
Shannon Toomey AGPROfessionals, 3050 67th Avenue, Greeley, Colorado. Ms. Toomey stated that she
was representing Manuel Ruiz -Prieto, Gloria Karina Ruiz and Ruiz Trucking, LLC. She said they are
requesting a USR permit to allow for a trucking and oil field services business which will be parking 10
semi -trucks on site. The semi -trucks will be used for mainly hauling water for oil and gas support. The
trucks may be used for other hauling as market conditions allow. Ms. Toomey explained the drivers will be
on site for less than 2 hours. She said the existing house will be used as an office. Ms. Toomey explained
the proposed use is consistent with existing surrounding uses.
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: Remove Development Standard 23, as requested by Staff, Moved by Elijah Hatch, Seconded
By Bruce Johnson. Motion carried unanimously.
Motion: Amend Development Standard 18, as requested by Staff, Moved by Gene Stille, Seconded By
Elijah Hatch. Motion carried unanimously.
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 USR19-0034 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 Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
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 1:41 pm.
Respectfully submitted,
Michelle Wall
Secretary
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