HomeMy WebLinkAbout20191842.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 7, 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, Skip Holland.
Absent: Elijah Hatch.
Also Present: Chris Gathman, Diana Aungst, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Karin
McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the April 16, 2019 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER: USR19-0003
APPLICANT: UNA & LOUIE MARTINEZ
PLANNER: ANGELA SNYDER
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 (CONSTRUCTION SIGN BUSINESS INCLUDING TWO (2)
COMMERCIAL PICKUP TRUCKS, FIVE (5) MESSAGE BOARDS, SEVEN (7)
ARROW BOARDS, TWO (2) FLATBED TRAILERS, TWO (2) CUSHION
TRAILERS, FLAGGING EQUIPMENT AND OTHER SMALL EQUIPMENT)
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 B RE -2244, PART SW4SW4 SECTION 1, T1N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 35, APPROXIMATELY 0.25 MILES SOUTH
OF HWY 52.
Angela Snyder, Planning Services, stated that the applicant submitted an electronic request on April 12,
2019 to withdraw their application for USR19-0003. A site visit was made on April 25, 2019 and staff said
all the commercial vehicles have been removed from the property and the site is in compliance with Chapter
23 of the Weld County Code. 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.
The Chair dismissed Case USR19-0003.
CASE NUMBER: USR18-0086
APPLICANT: JOSE CASTILLO AND CAROLINA CORONA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED
WITH A LANDSCAPING/SNOW REMOVAL BUSINESS ALONG WITH AN
OFFICE FOR PAPERWORK) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 4, BLOCK 46 ARISTOCRAT RANCHETTES 2ND FILING; PART OF THE S
E4 SECTION 26, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CASLER AVENUE; EAST OF AND ADJACENT
TO HENRY STREET.
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Chris Gathman, Planning Services, stated that the applicants are requesting a continuance until the June
4, 2019 Planning Commission hearing because they are going to request two additional storage
structures to screen equipment. By adding additional structures, they will be exceeding the 4% lot
coverage for accessory structure requirement because they are in a platted subdivision. The application
will need to be re -noticed. 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 Case USR18-0086 to the June 4, 2019 Planning Commission hearing, Moved by Tom
Cape, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
CASE NUMBER: PUDZ19-0001
APPLICANT: T3 LAND & INVESTMENT LLC
PLANNER: CHRIS GATHMAN
REQUEST: A PUD (PLANNED UNIT DEVELOPMENT) CHANGE OF ZONE APPLICATION
FOR FOUR (4) LOTS WITH C-3 (BUSINESS COMMERCIAL), C-4 (HIGHWAY
COMMERCIAL), I-1 (INDUSTRIAL), 1-2 (INDUSTRIAL) AND 1-3 (INDUSTRIAL)
USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX15-0109, PART SE4 SECTION 13, T4N, R65W OF T
HE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 44 AND WEST OF AND ADJACENT TO CR
49.
Chris Gathman, Planning Services, explained there is a request to continue Case PUDZ19-0001 to the
June 4, 2019 Planning Commission hearing. The applicant is applying for a recorded exemption in
conjunction with the PUD to establish boundaries of the PUD. The recorded exemption will need to be
approved by the Board of County Commissioners and recorded before the PUD can be reviewed at a
hearing. The applicant is proposing to divide an existing recorded exemption lot that was approved and
recorded less than five years ago. Per Weld County Code, staff cannot approve recorded exemptions
recorded less than five years ago; It will require the Board of County Commissioners approval. The
Department of Planning Services is in support of this request.
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado said she is representing T3
Land & Investment. Mr. Bruxvoort said they understand they need to complete the recorded exemption
before they can proceed with the PUD.
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: Continue Case PUDZ19-0001 to the June 4, 2019 Planning Commission hearing, Moved by Gene
Stille, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
CASE NUMBER: USR19-0006
APPLICANT: MNR, LLC
PLANNER: DIANA AUNGST
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 (INDOOR STORAGE OF RVS, BOATS, TRAILERS, CARS,
ATVS, AND GENERAL RESIDENTIAL ITEMS) 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 A SEVENTY (70)
SQUARE FOOT FREESTANDING SIGN IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: PART NW4SW4 SECTION 19, T3N, R68 OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 1; APPROXIMATELY 0.3 MILES NORTH OF
HWY 66.
Diana Aungst, Planning Services, presented Case USR19-0006, reading the recommendation and
comments into the record. Staff received two letters of opposition from surrounding property owners. The
letters expressed concern with the detention pond design, traffic impact, access design and bulk height of
buildings. 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. Ms. Balzano said Public Works is requesting to modify Condition of Approval 1.F.10 regarding
access locations.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light said Environmental Health is requesting modifications
to Development Standard 26.
Rosi Dennett, 210 Lincoln Street, Longmont, Colorado stated she is the planning consultant for the
applicant. Ms. Dennett said that Bill Novell, one of the partners of MNR LLC was available to answer
questions. She said when the project first began, the name of the facility was Family Storage but was
changed to County Line Storage at the time of application submittal. Ms. Dennett said they will not be
phasing the project; the entire project will be done in two years. The planned sequence of building the
facility will be utilities, roads, one-story structures on the westside, and then the second -story structure. Ms.
Dennett said they did a market study and found a high demand for a storage facility in this area. She said
they feel the facility is compatible with the area. Ms. Dennett stated she would like to see Condition of
Approval F.10 be modified to allow turning radius of 45' on one side and 60' on the other. She would also
like Development Standard 26 be modified to allow separate systems for the dump station and septic
system.
Bill Novell, 6000 Kiva Ridge Drive, Berthoud, Colorado, explained what types of storage would be in the
different buildings; Climate control will be available in some of the units.
Commissioner Holland asked Mr. Novell how much acreage was being used for this project. Mr. Novell
explained the storage facility covered a little over seven acres, but the entire property is approximately eight
acres. Commissioner Holland asked which way the water will run from the detention basin that will be
located in the northwest corner. Mr. Novell said historic drainage is southwest. Ms. Dennett explained that
the drainage will be designed by a licensed engineer and will have to meet all criteria with the County before
the facility can be approved.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dorothy Rasmussen, 14376 County Road 1, Longmont, Colorado, expressed her concerns of blocked
views, water drainage, property values, and fast traffic. Ms. Rasmussen said she has lived on her property
for 50 years. She asked the Planning Commission to consider her concerns. Ms. Rasmussen said she
does not want anyone else using the easement on her property because that is for her property and the
Stoke's property.
Commissioner Cope asked Ms. Rasmussen if there were other businesses located to the east and
northwest of her property. Ms. Rasmussen said Parker Tree Service is to the west of them and there is a
landscaping building behind her property.
Joseph Hanlon, 14318 County Road 1, Longmont, Colorado, expressed his concern with the potential
detention pond on the applicant's property. Mr. Hanlon explained he does not want any water from their
detention pond making its way onto his property through the culvert under his driveway. He said he didn't
see anything in the plans about hazardous materials and the dump station.
Commissioner Johnson asked Mr. Hanlon is the water flow has historically run down to his property. Mr.
Hanlon said if it rains or snows enough, water does come down to his property.
Commissioner Holland asked Staff if the County allows urban drainage into irrigation ditches. Ms. Balzano
said no; however, staff needs to determine if it is an irrigation ditch or a drainage way. Ms. Balzano
explained all of Public Work's standards will need to be met before recording the final USR map.
Mr. Hanlon said he owns the easement on his property; he has the deed to prove it. He is concerned about
the traffic impact, waste disposal and loss of the view from his property.
Ms. Dennett stated that Mr. Hanlon's driveway easement will stay in tack; they are not proposing to change
it. She said they are proposing to move some of the utilities with the utility companies. Ms. Dennett said
an engineer has completed a preliminary design for the stormwater drainage and the applicant has to meet
all County standards and requirements.
Commissioner Stille asked if moving the utility poles would affect the neighbors. Mr. Novell said it would
not.
The Chair asked Mr. Novell what the applicant's plans were for the septic dump for RVs. Mr. Novell
explained they will have a 3,000 -gallon tank/vault with a meter. Once it gets to a certain level, an off -site
company will come to the property and pump out the tank. Mr. Novell said they will be getting a new septic
system for the house. He said there will be no washing of vehicles on the property.
The Chair asked Staff how they wish to modify Development Standard 26. Ms. Light recommended adding
a sentence at the end of the standard that reads, "A vault permit is required."
Motion: Amend Development Standard 26, as requested by Staff, Moved by Gene Stille, Seconded by
Bruce Johnson. Motion carried unanimously.
The Chair asked Staff how they want to amend Condition of Approval 1.F.10. Ms. Balzano recommended
deleting the second sentence, "Public Works is requiring that the residential access point, located on County
Road 1 approximately 1795 feet north of Highway 66 be closed and reclaimed." She said they will review
the turning radii and address that with the County Commissioners.
Motion: Amend Condition of Approval 1.F.10, as requested by Staff, Moved by Gene Stille, Seconded
by Bruce Johnson. Motion carried unanimously.
Ms. Light asked that the permit number be corrected to G19750885 in Development Standard 25 The Chair
acknowledged the request and said the typographic error will be corrected.
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 USR19-0006 to the Board of County Commissioners along with the Conditions of
amended Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
CASE NUMBER: USR19-0014
APPLICANT: LEEWARD RENEWABLE ENERGY DEVELOPMENT, 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 WIND
ENERGY FACILITY FOR UP TO 380 MEGAWATTS (MW), ALONG WITH 1
(ONE) 230 -KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY 11 MILES
IN LENGTH AND ONE (1) 115 KILOVOLT (KV) TRANSMISSION LINE
APPROXIMATELY 15 MILES IN LENGTH, TWO (2) ELECTRICAL
SUBSTATIONS, TWO (2) TEMPORARY LAYDOWN YARDS AND TWO (2)
CONCRETE BATCH PLANTS ALONG WITH UP TO SEVEN (7) TEMPORARY
CONSTRUCTION TRAILERS TO BE UTILIZED DURING CONSTRUCTION OF
THE FACILITIES, AND SIX (6) METEOROLOGICAL TOWERS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE PROPOSED FACILITY IS LOCATED IN SECTIONS 6, 7, AND 8, T10N,
R58W; SECTION 1, T10N, R59W; SECTIONS 2 AND 3, T10N, R60W; SECTIONS
1, 3, 4, 5, 6, 7, 9, 10, 19, 30 AND 31, T11N, R58W; SECTIONS 1, 2, 3, 4, 5, 7, 8,
9, 10, 11, 12, 15, 17, 18, 19, 20, 22, 23, 24, 25, 29, AND 36, T11N, R59W;
SECTIONS 13, 14, 23, 24, 25, 26, AND 35, T11N, R60W; SECTIONS 19, 20, 21,
25, 26, 27, 29, 32, AND 36, T12N, R58W; SECTIONS 19, 20, 21, 22, 24, 26, 27,
28, 29, 30, 31, 32, 34, AND 36, T12N, R59W; AND SECTIONS 22, 23, 24, 25, 26,
AND 27, T12N, R60W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: THE WIND ENERGY FACILITY AND TRANSMISSION LINES (AND
ASSOCIATED FACILITIES) ARE LOCATED ON 43,570 ACRES IMMEDIATELY
SOUTH OF AND ADJACENT TO THE WYOMING/NEBRASKA STATE LINE;
EAST OF CR 99; NORTH OF CR 118; WEST OF CR 135
Chris Gathman, Planning Services, presented Case USR19-0014, reading the recommendation and
comments into the record. Staff received one letter of opposition because the mineral owner is concerned
it could impact the ability to develop its subsurface mineral interests. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Mr. Gathman indicated that the application materials indicate that agreements have been reached with
100% of the property owners for Panorama and Mountain Breeze wind energy sites. Also, the application
indicated that agreements have been reached with 95% of the property owners for the proposed
transmission line routes.
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. Ms. Light recommended amending Development Standard 18
by removing "of the transmission line" and "substation".
Mr. Gathman said that he and Mr. Choate met with the applicants to discuss the project. Staff is requesting
some additional language be added to the resolution to address recording of plat maps along with the
phasing of the project.
John Wycherley, Leeward Renewable Energy Development LLC, 6688 North Central Expressway #500,
Dallas, Texas, said the project is in Northern Weld County and is approximately 43,570 acres. The project
is broken into two different names; Mountain Breeze Wind is on the west and Panorama Wind is on the
east.
Mountain Breeze Wind is 170-190MW, sited on 23,000 acres. The interconnection transmission line is 11
miles long and will tie into the Junction substation (associated with the Cedar Creek I facility under USR-
1563) before feeding into the transmission line (approved under USR-1562) that connects to the
Keenesburg substation approximately 70 miles to the south. Leeward would like to commence construction
in August of 2019 and begin operating September — December 2020.
Panorama Wind is 150-180MW, sited on 20,000 acres. The interconnection transmission line is 15 miles
long and will tie into the Tri State Substation approved under USR13-0054.
Both Mountain Breeze and Panorama are subsidiaries of Leeward Renewable Energy.
Leeward has been working on getting all the federal, state and county permits that required.
Commissioner Beck asked Mr. Wycherley if the conflict with the mineral owner is that they are concerned
Leeward may put a wind turbine where they may want to drill an oil well. Mr. Wycherley said that is correct.
Commissioner Johnson asked the applicant what energy company they have contracted with to supply
power. Mr. Wycherley said with the Mountain Breeze project, they have contracted with Xcel Energy. He
indicated that they have a power purchase agreement for Mountain Breeze. Mr. Wycherley said the
Panorama project will contract with Tri-State or other utilities in the area.
The specifics of the tie-in to the Junction substation for Mountain Breeze facility has been determined. They
are still finalizing details regarding the tie in with the existing Redtail facility.
Commissioner Stille asked how high the turbine measures and how long the blades measure. Mr.
Wycherley said the tower is approximately 500 feet high and the blades are approximately 180 —190 feet
long.
Commissioner Johnson asked if there were any environmental issues. Mr. Wycherley answered that there
is concern for nesting locations of large raptors and sharp -tailed grouse. They are working with CPW on
mitigation.
Commissioner Stille asked what the life expectancy of a wind turbine was. Mr. Wycherley said they are
engineered to run 25 — 30 years. Commissioner Stille asked the applicant if the turbine is unrepairable will
they deconstruct and remove the turbine or leave it up. Mr. Wycherley said they just completed a project
in Illinois where they did a complete tear down and replaced all equipment with new technology. Mr.
Wycherley said they will deconstruct any towers that need taken down.
Commissioner Sparrow asked how much wind it takes to make the blades rotate and what the maximum
wind capacity is. Mr. Wycherley said the blades will start turning at 3 meters per second and they will shut
off at 25 meters per second. Commissioner Sparrow expressed concern with how fast the tip of the blades
are moving and asked how wide and deep the concrete base is. My Wycherley said he would estimate the
concrete is 10 feet deep and 60 feet wide. Commissioner Sparrow asked how the size of these towers
compares to those that are already in the area. Mr. Wycherley answered that they have two types of towers
at their existing Cedar Creek facility; they have 53 GE machines that sit on 80 -meter towers and there are
221 Mitsubishi machines that have an approximate 70 -meter diameter and 65 -meter hub height. Mr.
Wycherley said the hub height for the machines that will be at Mountain Breeze will be 80 — 90 meters.
Commissioner Wailes asked whether Leeward or Public Service Company owns the transmission lines that
are coming from the collection station to the substations Mr. Wycherley answered from the new proposed
collection line to the junction switch yard will be owned by Leeward. Commissioner Wailes asked how
many towers are proposed for the entire project. Mr. Wycherley said there will be 60 - 68 at the Mountain
Breeze location and approximately 50 — 60 at the Panorama site. Commissioner Wailes asked for a
description of a meteorological tower and asked if Leeward will allow any co -location for any communication
towers such as radio, cellular, etc. Mr. Wycherley answered that a meteorological tower performs power
performance testing and the prediction of the wind. He said they have never had telecoms on their met
towers because they would not want any interference with wind measurements.
The Chair called a recess at 2:49 p.m. and reconvened the hearing at 3:01 p.m.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Polly Jessen (Kaplan, Kirsch, Rockwell, 5060 PR Street, Boulder, Colorado, stated she is representing
CoBank FCB regarding to their mineral interests. Ms. Jessen explained that CoBank objects to the project
because it may adversely impact CoBank's ability to develop its subsurface mineral interests. She said
CoBank is currently working with the applicant to negotiate an agreement. CoBank will object to the
application, if an agreement is not met before final approval.
Commissioner Beck asked Ms. Jessen to explain what the mineral issue is with CoBank. Ms. Jessen said
there are three parcels owned by CoBank that the applicant is showing they want to place turbines. Due
to standard well spacing requirements, there will need to be a 500 -foot buffer between well areas to turbine
placement.
Kevin Hahn, 51795 County Road 124, Grover, Colorado, stated he was part of the original Cedar Creek
project that went in. Mr. Hahn said he was an employee of the company who put the turbines up. He then
worked for Mitsubishi and helped maintain the turbines. Mr. Hahn said he is currently running the ranch
that his dad had. He said Leeward has been great to work with; if there is a problem, Leeward corrects it
immediately. Mr. Hahn is in support of the project. He feels it is great opportunity for the area and helps
boost the local economy.
Commissioner Wailes asked if the project is in the Pawnee School District. Mr. Hahn said it is.
Commissioner Stille asked if the turbines affect grazing. Mr. Hahn said that after construction, the grass
grows back, and the calves go right up to them and graze.
Commissioner Sparrow asked if the company is good to work with. Mr. Hahn said Leeward and Mitsubishi
are great to work with and address issues right away.
Mr. Wycherley thanked Mr. Hahn for his kind words. He said they will continue to work with Ms. Jessen
and CoBank to complete an agreement.
Motion: Amend Development Standard 18, as requested by Staff, Moved by Tom Cope, Seconded by
Gene Stille. Motion carried unanimously.
The Chair asked staff if anyone else needed to change any Conditions of Approval or Development
Standards.
Mr. McRoberts suggested that they strike Condition of Approval 1.L.13 because it does not pertain to the
site.
Motion: Remove Condition of Approval 1.L.13, as requested by Staff, Moved by Tom Cope, Seconded
by Bruce Johnson. Motion carried unanimously.
Mr. Gathman requested that language be added as a new Condition of Approval 1 that reads, "Due to the
large geographic size of the permitted area, the applicant may submit to the Department of Planning
Services multiple maps for recording. The applicant shall submit a vicinity map showing the full boundaries
of the permitted areas with the first detail map. No building permit or other work may commence without
an approved map covering the affected parcel." Mr. Gathman requested that the new Condition of Approval
2 be modified to read "Prior to recording the first map." He also requested under Condition of Approval 3,
a new number 9 be added that reads "The applicant shall submit for recording a detail map which includes
the parcel upon which the facility will be constructed."
Motion: Add new Condition of Approval 1 and amend the new Condition of Approval 2, as requested by
Staff, Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously.
Mr. Gathman stated some new language to be added as a Prior to construction condition. After discussion
amongst the Planning Commission, they did not make a motion on adding a new number 9 because they
feel the wording needs more clarification. The Planning Commission suggested staff clarify the new
language in this condition before the Board of County Commissioners hearing.
Ms. McDougal stated there was one other change in Mr. Choate's language in Condition of Approval under
L. on Page 8. Mr. Gathman said L should read "The maps shall be amended to delineate the following as
applicable:".
Motion: Amend Condition of Approval 2.L., as requested by Staff, Moved by Tom Cope, Seconded by
Bruce Johnson. Motion carried unanimously.
Mr. Gathman indicated that staff will be requesting a condition of approval be added regarding a
Decommissioning Plan. Planning Commission directed staff to come up with the language for this condition
and present at the Board of County Commissioners Hearing.
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 USR19-0014 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 Michael Wailes
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Commissioner Sparrow stated he agreed with Staff that the applicant has met the requirements under Weld
County Code 21-3-340. Commissioner Sparrow said he feels Weld County leads Colorado in production
of oil and gas and he feels we are also leading in renewable energy.
CASE NUMBER: USR19-0007
APPLICANT: KEVIN & DEANNA DOGHERTY
PLANNER: DIANA AUNGST
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, (OUTDOOR STORAGE OF RVS, BOATS, MOTORHOMES,
AND 5TH WHEEL TRAILERS) 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 SE4 SECTION 33, T1N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 1 MILE WEST OF CR
45.
Diana Aungst, Planning Services, presented Case USR19-0007, reading the recommendation and
comments into the record. Planning Staff received 2 letters of concern/opposition from property owners
who live within 500 feet of the proposed development parcel. The common concerns are impact on property
values, potential eyesore, increased traffic on area road and traffic impacts, traffic safety and not compliant
with current land uses. One letter of support was also submitted. The Department of Planning Services
recommends denial of this application.
Commissioner Cope asked where the USR for the 4-H facility was located. Staff said it is on the other side
of the adjacent driveway to the west.
Commissioner Wailes asked if staffs recommendation for denial is impacted by Lochbuie's IGA. Staff said
Weld County does not have an IGA with the Town of Lochbuie.
Commissioner Holland asked if there was a site plan showing the applicant's proposal. Staff explained it
is a rectangular lot and RVs will be parked on a gravel surface. A USR map is included in the application.
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.
Kevin and Deanna Dogherty, 20995 County Road 2, Brighton, Colorado. Ms. Dogherty said they are raising
their granddaughter in a country environment but feel with all the surrounding growth in the area, there is a
need for RV parking. She said they currently have 2 RVs parked on their property. Ms. Dogherty feels the
traffic on County Road 2 would not be impacted. She said there are other USRs in their area and feels RV
parking would be compatible with the neighborhood. Ms. Dogherty said they spoke with the neighbor whose
view would be directly affected by the RV parking and they have submitted a letter of support from that
neighbor. Ms. Dogherty said they do not want an eyesore on their property; they have worked hard to clean
up the property since they have owned it.
Commissioner Cope asked if there was a sufficient distance from the proposed site entrance to the traffic
coming from over the hill to the east. The applicants said there was. Commissioner Cope asked if the
applicant planned to have fencing around the proposed RV parking. Mr. Dogherty answered yes.
Commissioner Cope asked if there will be a security keyed gate. Mr. Dogherty said there will be a keyed
gate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mark and Jami Longhurst, 27550 East 168"' Avenue, Brighton, Colorado. Mr. Longhurst said they live
directly south of the applicant's property. He said the facility will intrude on their views, be an eyesore and
decrease property value. He is concerned about neighborhood security, additional traffic, and road safety.
Mr. Longhurst said an RV facility is not compatible in a residential area. Ms. Longhurst is upset that the
facility will clutter their neighborhood with outdoor toys. She said she will get a petition signed by neighbors,
if needed. Ms. Longhurst suggested if this facility is approved, provisions such as having a 150 ft setback
from County Road 2 and installing a privacy fence around the entire property should be made.
Commissioner Wailes asked the applicant to explain what type of fencing they are planning to have. Mr.
Dogherty said he plans on having a 6 -foot fence with barb wire on the top. Commissioner Wailes asked if
the fence will be opaque. Mr. Dogherty said they would be willing to put up whatever kind of fence is
required.
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.
Commissioner Beck requested more clarification on the reason for denial and asked Staff if the primary
reason for recommending denial is based on what the Town of Locbuie may have planned for the land in
the future.
Commissioner Wailes said he too is confused with the recommendation of denial and that is why he asked
about an IGA with Lochbuie earlier in the hearing but was told there is not one. The Chair said he feels this
facility meets the criteria under Weld County Code 23-2-220.A.
Commissioner Johnson expressed his concern with the recommendation of denial for this application.
Although he is not a supporter of commercial use in an ag zone, he said he is conflicted with the
inconsistency...similar cases have been approved in the past. Commissioner Johnson expressed that he
is not in favor of vinyl fencing. He feels that trees of something similar would make a better buffer.
Commissioner Johnson said he would like to make a motion to recommend approval of the case.
Commissioner Beck said he would like to second the motion. He said that in the future, he would like it if
staff could more adequately fortify their position.
Ms. McDougal addressed the Chair and explained that because the staff recommendation was denial, the
Planning Commission will need to make findings on the record on how they meet the 7 criteria to move
forward with recommendations because it is not currently in the resolution.
Commissioner Wailes said he feels RV parking is low impact. Commissioner Stille said he feels 100 RVs
on 3 acres is a high impact. Commissioner Wailes disagreed.
Commissioner Beck said he would like to hear staff defend their position of denial. Ms. Aungst said there
was a similar request for this type of project in the Ranch Eggs subdivision. When the case went to the
Board of County Commissioners, the application was denied unanimously.
The Chair asked staff if their recommendation of denial is based on the actions of the Board of County
Commissioners. Staff said it is based on the experience of the last USR.
Commissioner Holland stated he was aware that there was a lawsuit about this type of use that went to
court. The court told Weld County they could not approve these kinds of activities based on County Code.
Commissioner Cope said the Planning Commission has 7 criteria they have to agree to and that is what
the Planning Commission is supposed to look at. He said they have approved similar cases in the past.
Commissioner Cope said he feels this particular case would not be compatible in the area and he would be
voting against approval of the RV facility.
Commissioner Beck disagreed with Cope's comments.
The Chair stated there is a motion on the table for recommendation of approval.
Ms. McDougal addressed the Chair and said if the Board is going to approve this case, they need make
some findings on the record, not just cite the statute we are talking about and how it complies with that
stated code section.
The Chair asked Ms. McDougal if the Board could address their findings while placing their votes. Ms.
McDougal said that would be fine.
The Chair recused himself from the panel and asked Vice Chair Commissioner Stifle to complete the action.
Motion: Forward Case USR19-0007 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 Richard Beck.
Vote: Motion failed (summary: Yes = 2, No = 5, Abstain = 1).
Yes: Bruce Johnson, Richard Beck.
No: Bruce Sparrow, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope.
Abstain: Michael Wailes.
Commissioner Ford voted no, based on Weld County Code 22-2-20.B. and because he feels there are
safety issues on the road situation.
Commissioner Cope voted no and said he agrees with Commissioner Ford. He said it is not compatible
with the neighborhood.
Commissioner Holland voted no and said he agrees with Commissioners Ford and Cope.
Commissioner Sparrow voted no but said with a bit of a conflict because he feels they are being asked to
look at the codes differently.
Commissioner Stille voted no because he doesn't believe it is compatible and agrees with Commissioner
Ford.
Motion: Forward Case USR19-0007 to the Board of County Commissioners with the Planning
Commission's recommendation of denial.
Moved by Tom Cope, Seconded by Skip Holland.
Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 2).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope.
Abstain: Michael Wailes, Richard Beck.
The Chair returned and 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 4:37pm.
Respectfully submitted,
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Michelle Wall
Secretary
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