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Home My WebLink About20194195.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 17, 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: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck. Absent/Excused: Skip Holland, Gene Stille, Tom Cope. Also Present: Diana Aungst and Angela Snyder, Department of Planning Services; Lauren Light, Department of Health; Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 3, 2019 Weld County Planning Commission minutes, Moved by Elijah Hatch, Seconded by Michael Wailes. Motion passed unanimously. CASE NUMBER: COZ19-0003 APPLICANT: CHESTER THOMPSON PLANNER: CHRIS GATHMAN/DIANA AUNGST REQUEST: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3(INDUSTRIAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-3962, PART W2SW4 SECTION 24, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 4,525 FEET WEST OF CR 49. Diana Aungst, Planning Services, presented Case COZ19-0003, 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 plat notes. 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 and on- site dust control. Kris Pickett, JKP Consulting, 1937 15th Avenue, Greeley, stated that he represents the applicant. The area seems to be developing into oil and gas business. There is currently an oil and gas business located on the majority of the site and added that the applicant has received interest from other oil and gas type businesses that would like to relocate to this site. 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 Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case COZ19-0003 to the Board of County Commissioners along with the Conditions of Approval and notes on the plat with the Planning Commission's recommendation of approval, Moved by Elijah Hatch, Seconded by Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck. /� 1 YY1tY)C9n i Co' +iOn5 2019-4195 O If 93 / (9 CASE NUMBER: COZ19-0002 APPLICANT: DANIEL AND JANNA MILLER PLANNER: ANGELA SNYDER REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT 1 RESUBDIVISION RES19-0008 OF LOT 3 UNION COLONY LAND SUBDIVISION, BEING PART SE4SW4 SECTION 9, T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO E 18TH ST; APPROXIMATELY 0.13 MILES WEST OF BALSAM AVE. Angela Snyder, Planning Services, presented Case COZ19-0002, 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 plat notes. Mike McRoberts, Public Works, reported on the access to the site and drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Ms. Light requested to add the comments from her referral relating to sewer/water service and dust to the Notes to the Plat Item 2.B through 2.G and re-letter accordingly. Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, stated that she is representing the applicants. The request is to change the zone from the R-1 to the C-3 Zone District. This request is submitted in conjunction with the Resubdivision which was approved and a Site Plan Review that will be to follow. Ms. Bruxvoort said that the site is impacted by various historic plats, county rulings and surrounding urban development. The Resubdivision split the parcel into a 1.26 acre lot and a 3.55 acre lot and the change of zone request is for the 1.26 acre parcel. The site is currently irrigated for hay production and the applicants intend to operate a diesel repair shop out of the existing building on site while maintaining the ability to farm hay and build a residence for themselves in the future. To operate the diesel repair shop, the change of zone and site plan review are required. To maintain the farming and residential uses, the resubdivision is required to split the commercial use. Ms. Bruxvoort provided visual slides on the historic zoning of the area. She also showed the current zoning surrounding the property and noted that many of the properties have commercial or industrial zoning. Ms. Bruxvoort said that there is an existing well on site and they have been working with Central Colorado Water Conservancy District to augment the existing well for commercial and domestic uses. She added that the City of Greeley could provide water and they have obtained a Can Serve Letter for the resubdivision process as part of the requirement, however it would likely require annexation and be cost prohibitive. Therefore, they think that augmenting the well is the best solution for the property at this time. There are no sanitary sewer lines within 400 feet that can currently serve the property so they are proposing septic systems. 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 there were any changes to the Resolution. Mr. McRoberts referred to Plat Note 2.H and added that this note was written at a time when Staff thought there would be an actual access and utility easement to Lots A and B associated with the resubdivision. However, Staff has agreed with the Board of County Commissioner's approval to provide 30 feet of right-of-way and added that this note can be removed. Motion: Delete Plat Note 2.H,as recommended by Staff, Moved by Bruce Johnson, Seconded by Richard Beck. Motion carried unanimously. 2 Ms. Light said that they applicant stated they are working on an augmentation plan for a well. Therefore, she requested to add "or an appropriately permitted well"to#1 of her referral comments. Additionally, she requested adding the Staff's referral comments to Plat Note 2.6 through 2.G and re-letter accordingly. Motion: Add language requested by Staff to #1 of Environmental Health referral, Moved by Michael Wailes, Seconded by Elijah Hatch. Motion carried unanimously. Motion: Add Environmental Health referral comments to Plat Notes 2.B through 2.G, Moved by Michael Wailes, Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Conditions of Approval and Plat Notes and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case COZ19-0002 to the Board of County Commissioners along with the Conditions of Approval and Plat Notes with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck. CASE NUMBER: USR19-0050 APPLICANT: G. TODD MCCORMICK, C/O OAK LEAF SOLAR 40 LLC PLANNER: ANGELA SNYDER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A (AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT A RECX19-0104, BEING PART E2SW4 SECTION 1, T3N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 36, WEST OF AND ADJACENT TO CR 25. Angela Snyder, Planning Services, presented Case USR19-0050, reading the recommendation and comments into the record. Ms. Snyder noted that one letter was received from a surrounding property owner requesting extra screening during construction. Another letter was received from Anadarko this morning requesting a Surface Use Agreement prior to approval. 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. Mr. McRoberts suggested deleting Condition of Approval 1.D as this project has qualified for an exception to detention. Additionally, he requested that Development Standard 18 relating to onsite drainage related features be removed . Commissioner Johnson asked if cattle guards are appropriate in this situation. Mr. McRoberts said that an alternative would be to provide road base on all driving surfaces. He added that the applicant can contact Public Works for other options available. (Skip Holland entered the hearing at 1:16 p.m.) Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Mike McCabe, Oak Leaf Energy Partners, 2645 East 2nd Avenue, Denver, Colorado, stated that Oak Leaf has been in business for 14 years and is Greeley's largest solar provider. They have completed another project similar to this size near the Greeley-Weld County Airport. He added that Xcel Energy is planning on three (3) more projects for this year and this is the first of the three. Mr. McCabe noted that 50% of the energy generated by this solar facility will be allocated to low-income families and organizations. 3 Commissioner Wailes asked if Xcel Energy identifies the area for where they would like these facilities located and then you can bid on the projects. Mr. McCabe said that Xcel Energy likes diversity in geography, but they don't necessarily say put these facilities in Weld County. He added that Weld County is a fantastic place to locate these facilities and is the energy capital with both wind, solar and oil and gas. 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 referred to Public Works request of deleting Condition of Approval 1.D and Development Standard 18. Motion: Delete Condition of Approval 1.D and Development Standard 18, Moved by Bruce Johnson, Seconded by Elijah Hatch. 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 USR19-0050 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 Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland. CASE NUMBER: USR19-0053 APPLICANT: PATRICIA NASH PLANNER: ANGELA SNYDER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MORE THAN THREE (3) SEMI-TRAILERS USED AS PERSONAL STORAGE UNITS AND A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(COMMERCIAL VEHICLE PARKING)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: W2NW4 SECTION 26, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 18, EAST OF AND ADJACENT TO PATRICK STREET. Angela Snyder, Planning Services, presented Case USR19-0053, reading the recommendation and comments into the record. Ms. Snyder noted that two (2) letters were received from surrounding property owners outlining concerns of the presence of a junkyard, increased scrap and unused vehicles being stored on site,and blowing debris. Additionally, a letter was received from Anadarko Petroleum Corporation which owns adjacent property to the east and operates an oil and gas facility. The letter expressed concern that an easement had been impeded upon. Ms. Snyder showed on a visual slide where the applicant is proposing a berm on the west side of the trucking parking area to block the view from the adjacent landowners to the west. Additionally,the applicants plan to screen the area of the noncommercial junkyard. 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. She added that Staff is requesting a Road Maintenance and Improvements Agreement. 4 Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Light requested deleting the last sentence in Development Standard 18 as a dust and waste management plan was not submitted with the application. Patricia Nash, 16136 CR 18, Ft. Lupton, Colorado, introduced her brother, Michael Nash, who lives on the property. Michael Nash said that they will have truck parking and haul gravel for the oil companies. Commissioner Wailes asked how many tractors are operating from the property. Mr. Nash said that there are three (3)tractors but they are currently not operating as he is recovering from back surgery. Commissioner Johnson asked how the rest of the property is used. Mr. Nash said that they run cattle on the remaining portion of the property. Commissioner Holland asked if they store any material on site. Mr. Nash said that they do not intend to store materials on site. 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 is there were any additional changes to the Resolution. Ms. Light referred to her request of deleting the last sentence in Development Standard 18. Motion: Delete the last sentence in Development Standard 18, Moved by Elijah Hatch, Seconded by Skip Holland. 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. Ms. Nash referred to Condition of Approval 1 regarding the noncommercial junkyard shall be removed from any pipeline easements and added that it is an abandoned well. Mr. Nash referred to Condition of Approval 1.D.10 relating to tracking control and added that they are not bringing anything off of the county roads into their property. Ms. Snyder referred to the letter from Anadarko and added that it indicates that the pipeline easement is on the east side of the applicant's property. Ms. Nash said that their vehicles will all be concentrated in the middle of the property and not on the east side of the property. Ms. Snyder preferred to leave the condition of approval as is and added that it could be met by a note from Anadarko stating that the applicant doesn't have anything impeding their easement. The Chair agreed and encouraged the applicants to contact Anadarko prior to the Board of County Commissioner hearing. Ms. Balzano clarified that the tracking control is to prevent any mud from being tracked onto the County Road from this site. Mr. Nash said that the current road on the property is all road based. Ms. Balzano said that this will meet the tracking control requirements and added that she preferred it remained in the resolution that it just needs to be shown on the map. 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 USR19-0053 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 Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. 5 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, Kristine Ranslem Secretary 6 Hello