HomeMy WebLinkAbout20180354.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 16, 2018
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,
Terry Cross, at 12:35 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie
Ford, Richard Beck.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano and Dawn
Anderson, Public Works; Lauren Light and Ben Frissell, Department of Health; Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
Approve the January 2, 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR17-0062
APPLICANT: JASON HROBSKY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (FLEET CAR RENTAL COMPANY VEHICLE
REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: S2S2S2NE4 SECTION 30, T3N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF CR 28; WEST OF AND ADJACENT TO CR 39.
Kim Ogle, Planning Services, presented Case USR17-0062, 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.
Dawn Anderson, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Jason Hrobsky, 13551 CR 39, stated that he plans to operate an auto body repair business. He has been
in business for about 20 years and doesn't want to be specified as just fleet car repair as he does
occasionally perform private auto body repair.
Commissioner Cope asked staff if removal of fleet service could be done without further impact of other
requirements. Mr. Ogle said that it could and deferred to Environmental Health regarding maintenance as
the waste stream may have to be addressed.
Mr. Hrobsky stated that it would be the same scope of business as the fleet car auto body repair. Mr. Ogle
stated that based on that explanation, staff didn't have any concerns with the revised request.
Commissioner Ford said that typically the cars have to be washed prior to auto body repair and asked if
there is sufficient water. Mr. Hrobsky said that essentially they are replacing faces which consists of tearing
off bumper covers and replace the parts. He added that they don't do any detail work that requires washing
prior to repair. Mr. Hrobsky stated that he goes through approximately 200 gallons of water per month.
Commissioner Stille referred to dust, traffic, noise and the fence and asked the applicant how he plans to
handle those issues. Mr. Hrbosky said that he contacted all the neighbors within 500 feet and said that his
neighbor to the north does not want any fencing on the site. With regard to traffic, Mr. Hrobsky said that
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they have to pick up the fleet cars and might make two to three trips per day as well as one to two deliveries
of parts per day so the traffic is minimal. Mr. Hrobsky added that noise is minimal as well.
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 Standard 1 to read "A Site Specific Development Plan and Special Use
Permit, USR17-0062 for a Home Business, auto body work and vehicle repair, in the A (Agricultural) Zone
District, subject to the Development Standards hereon", Moved by Tom Cope, Seconded by Michael
Wailes. Motion carried unanimously.
Motion: Delete Condition of Approval 1.A and Development Standard 6, regarding screening of the site,
Moved by Michael Wailes, Seconded by Gene Stille. 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 USR17-0072 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
CASE NUMBER: USR17-0068
APPLICANT: DISCOVERY DJ SERVICES, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY SIX (6) MILES LONG (20 INCH NATURAL GAS
PIPELINE) ORIGINATING AT THE FORT LUPTON GAS PLANT (USR17-0059)
AND TERMINATING AT AN INTERCONNECT) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 4, 6, 7, 8 AND 9 OF Ti N, R65W AND
SETION 1, 11 AND 12 OF T1N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: GENERALLY LOCATED NORTH OF CR 10; EAST OF CR 33; SOUTH OF STATE
HIGHWAY 52 AND WEST OF CR 43.
Kim Ogle, Planning Services, presented Case USR17-0068, 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.
Dawn Anderson, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Cory Jordan, Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Dallas, Texas, stated that they are
proposing a 20 -inch natural gas pipeline. Mr. Jordan stated that the pipeline will transport natural gas
produced in the DJ Basin to Discovery's Gas Plant and onto third -party pipel'nes for delivery to regional
markets.
Mr. Jordan provided the safety features of the pipeline design, including the water tanks at the proposed
gas plant facility that can be used to fight any fires that may occur at homes or businesses in the surrounding
area.
Commissioner Ford asked if the water storage tanks will be heated. Cory Klein, Director of Operations,
3601 Stagecoach Road, Longmont, Colorado, said that the water tanks have a heating element at the
bottom and the entire tank is insulated.
Commissioner Wailes asked how far along the applicant is in acquiring easements from the landowners.
Mr. Jordan said that they are at approximately 95 to 98 percent completed with acquiring easements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Michael Desanti, 4180 Falcon Drive, stated that he represents 45 people in the neighborhood who are
opposed to any expansion of the gas plant due to noise, odor, dust and light pollution. He said that most
of the people couldn't make it today as they have to work. He added that they consider this pipeline as an
expansion of that gas plant and are opposed to it.
Ed Engle, 4233 Falcon Drive, Ft. Lupton, Colorado, asked how a pipeline can be approved for a facility that
has not been approved by the Board of County Commissioners. He asked for a continuance of this case
until that facility has been heard by Board of County Commissioners.
The Chair referred to the continuance request and asked Staff if it has any bearing on approving this case.
Mr. Ogle said that this case is a request for a pipeline and he understands that the pipeline can serve either
Gas Plant I or Gas Plant II as they need to get the gas out to market. He added that Staff doesn't support
the continuance just so that they can take action on the case before the Board of County Commissioners
tomorrow, prior to recommending approval for this one today.
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 USR17-0068 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 Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stifle, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
The Chair called a recess at 1:26 pm and reconvened the hearing at 1:40 pm.
CASE NUMBER: PUDZ17-0006
APPLICANT: JOSEPH & ELAINE HOFF
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR THREE (3) RESIDENTIAL LOTS WITH E (ESTATE) USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3960; LOCATED IN PART OF THE SE4 OF SECTION
9, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31 AND APPROXIMATELY 580 -FEET
NORTH OF CR 70.
Chris Gathman, Planning Services, presented Case PUDZ17-0006, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicant is requesting a waiver from the common
open space requirements. He added that this site is located a quarter mile from an existing PUD, the Cattail
PUD, and the code speaks to the urban space standards. Staff has reviewed this request and based on
the number and size of the lots and that this site is not located in an IGA boundary, staff doesn't have any
concern with this request. Additionally, the applicant is requesting a waiver from access requirements. Mr.
Gathman said that the applicant is proposing to have multiple access points onto the County Road, whereas
only one access point to the PUD is allowed. The applicant is requesting this waiver because the lot
configuration is consistent with the existing residential lots in the area and because the internal roadway
would diminish the amount of land available for agricultural and residential uses. Staff is not in support of
this waiver request, as there are a number of lots in the area; however, these lots were created through the
Recorded Exemption process and not subject to the same access requirements as a PUD. The Department
of Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Ford said that in the aerial photo it appears that there are existing accesses and asked for
clarification. Mr. Gathman said that upon his field inspection it is not very obvious that there are accesses
on to the road. He added that they are not residential accesses and are not very clearly defined.
Commissioner Sparrow asked if it has been used as a field access, if it is considered an access. Ms.
Anderson said that there are no permitted accesses; however, there are existing accesses. She added
that just because there is a gate they do not classify that as an access.
Dawn Anderson, Public Works, reported on the existing traffic and access to the site. She stated that Public
Works does not support the requested exception to the code regarding the multiple accesses onto the
County Road.
Commissioner Stille asked if there is any plan to upgrade the classification of County Road 31 from a local
roadway. Ms. Anderson replied that she is not aware of any reclassification for County Road 31.
Hayley Balzano, Engineering, reported on the 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.
Tim Naylor, AGPROfessionals, 3050 65th Avenue, stated that the Hoff Family is proposing a three lot PUD.
Mr. Naylor said that there are existing accesses to each lot currently; however, the applicant has gated
them so it isn't open to the public. He added that the properties north of and adjacent to the proposed site
are recorded exemptions and have independent accesses; therefore, they are trying to be consistent with
properties surrounding them.
Mr. Naylor said that they might be able to provide a shared access for the two vacant lots and leave Mr.
Hoff s independent access.
Commissioner Wailes clarified if the lots will be used for residences. Mr. Naylor replied that the intended
use is for residences.
Commissioner Cope asked if there would be a problem with a shared access. Mr. Naylor said that it
wouldn't be their first choice; however, if they are required to they will compromise and work it so the two
lots have a shared access and then Mr. Hoff has an independent access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Jemiola referred to Note #3 and said that he agreed with staff regarding the open space
requirement.
Motion: Remove Note #3 regarding open space, Moved by Michael Wailes, Seconded by Jordan
Jemiola. Motion carried unanimously.
Commissioner Wailes understands that the applicant wants to be consistent with the surrounding properties
but he would like to see a shared access between Lots 2 and 3. Commissioner Jemiola agreed.
Commissioner Sparrow suggested that it is somehow designed so that a person with a horse trailer can get
off the road to open the gate. Mr. Naylor said that they could do that.
Mr. Gathman asked for clarification if they would like a shared easement between Lots 2 and 3 as the
standard requirement is a 60 foot road right-of-way. Commissioner Cope suggested creating a 60 -foot
right-of-way between Lots 2 and 3 and allow the existing access on Lot 1 to remain. Mr. Naylor said that
creating a 60 foot right-of-way creates a county road and he requested that a 30 -foot easement be created
at the property line that is an access easement and not a right-of-way.
Bob Choate, County Attorney, stated that because this is the change of zone provision, the only thing that
will be recorded is the boundary of the entire future subdivision. It will not show lots and that will happen
at the Final Plan stage. The applicant is requesting to waive the internal roadway and referred to Conditions
of Approval 1A and E.4, E.5 and E.6. He added that this discussion is good but the lots will not be created
until the Final Plan stage.
Motion: Delete Condition of Approval 1.A and Notes E.4, E.5 and E.6, Moved by Jordan Jemiola,
Seconded by Tom Cope. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ17-0006 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Gene
Stille, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
CASE NUMBER: USR17-0063
APPLICANT: DANIEL SHEPHERD
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
SORTING, GRADING AND PACKING FRUITS AND VEGETABLES FOR THE
GROWER AND FOR USES SIMILAR TO THE USES LISTED ABOVE AS USES
BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL
INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING
AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT AND THE
TRUCKING OF AGRICULTURAL PRODUCTS INCLUDING MEAT, DAIRY AND
PRODUCE) IN THE A (AGRICULTURE) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -373; PART N2NW4 SECTION 25, T1 N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 2600 FEET EAST OF CR 23; SOUTH OF AND ADJACENT
TO CR 6 AND WEST OF AND ADJACENT TO LEONA AVENUE (WATTENBURG
TOWNSITE).
Kim Ogle, Planning Services, presented Case USR17-0063, reading the recommendation and comments
into the record. Mr. Ogle noted that several emails were received concerned with the long hours of
operation and noise associated with the onsite activity. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Dawn Anderson, Public Works, reported on the existing traffic and access to the site. Staff requested that
a western access be created and close the existing eastern access from Leona Avenue and be reclaimed.
Ms. Anderson indicated that the applicant agreed with this change.
Hayley Balzano, Engineering, reported on the drainage conditions and floodplain extents 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 stated that the noise level is restricted to the
commercial standard, which is 60 decibels during the day and 55 decibels at night. The applicant did submit
a noise study that indicates the average nighttime level does meet the commercial standard. However, the
daytime level in one location exceeded the commercial standard.
Daniel Shepherd, 1771 CR 23, Brighton, Colorado, and Eric Wernsman, 16493 Essex Road South,
Platteville, Colorado. Mr. Shepherd stated that he started the business with one truck 29 years ago. He
currently operates 55 trucks and 65 employees. He recently relocated the business from Commerce City
to this location in August 2017 and added that the building was constructed for food distribution.
Mr. Shepherd spoke to the changes he is proposing to mitigate the neighbor's concerns. He has taken the
back-up alarms off of the trucks to help with the noise concern. He added that currently he has refrigerated
trailers running until he gets his cooler operational; therefore, it will only be temporary. He has agreed to
the western access and placing landscaping, along with a berm, along the eastern portion of the site to
mitigate the noise, lights and traffic issues. With regard to emissions, he said that 95% of his trucks are
2015 or newer so they comply with all the new emission standards and added that they shut down after 5
minutes running idle.
Commissioner Ford referred to the jake brakes and asked if he could require that there be no jake brakes
along Wattenburg. Mr. Shepherd replied that he would do that as it is not necessary to use them there.
Commissioner Ford asked if the drivers come or leave during the night. Mr. Shepard replied yes. Mr. Ford
said that there would be a lot of shifting through Wattenburg and understands the neighbors' concerns with
noise. He asked if there is anything that can be done about that. Mr. Shepherd said that the majority of
the drivers come from the west. He added that these trucks have automatic transmissions in them so they
don't have to rev them up when shifting and he added that he could have a noise level performed on those
trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Thomas DeHerrera Jr, 1736 Mary Avenue, referred to the sound test on Friday and added that he was still
running his trucks on Sunday at 8:00 and 9:00 pm. He said that he is running past his hours of business.
He said that he lives two blocks away and the noise is very loud. He works different shifts and he can't
sleep.
Lisa Stevens, 6151 Saddleback Ave, Firestone, Colorado, stated that she is representing her father,
Thomas Morales who lives at 11531 Edward Street. She feels that noise, dust and fumes from the trucks
pose a health issue. She emphasized concern regarding traffic safety with the trucks, excessive noise and
dust and fume issues.
Daniela and Kenny Perez, 11539 Frederick Street, Ft Lupton, stated that they live directly adjacent to this
business. Ms. Perez stated that she filed the violation and there was an emergency hearing before the
Board of County Commissioners on August 28, 2017 and it was turned over to the deputy attorney's office.
Ms. Perez expressed concern regarding her health regarding the aggravation of this business. She also
provided a timeline of the hours of operation and excessive noise from the trucks and equipment on the
property.
Mr. Perez provided pictures and a few videos of the dust and noise issues from their property line.
Commissioner Cope asked if they performed a noise study on their property. Ms. Perez said no and added
that their funds are limited.
Commissioner Wailes asked Environmental Health to review the process on how the neighbors should
handle a noise complaint. Ms. Lauren reported on the process of noise complaints and added that a sound
meter can be loaned out for landowners to record noise levels.
Mr. Perez emphasized concern regarding noise and lights as he lives adjacent to the property. Although
the activity has been reduced recently, they still deal with the dust and noise. Mr. Perez is very concerned
with his wife's health from the stress of dealing with this business. They said that they are building a new
home on their property and Mr. Perez said that every realtor they have talked to has said that their property
value will go down.
Tommy and Rachel DeHerrera, 1736 Mary Avenue, stated that they own properties adjacent to this subject
site. They expressed concerns of dust, excessive noise and operating beyond the hours of operation. Ms.
DeHerrera submitted letters from landowners who could not attend today's hearing. She stated that the
applicants do not comply with their hours of operation and it interferes with their quality of life.
Mr. Shepherd said that he does not have the ability to manipulate the sound study by not running trucks
because he has specific schedules each day where loads go out of state. He added that they run water
after grading the property to eliminate the dust. He stated that they have their hours of operation; however,
on occasion their drivers come in during the night to get their personal vehicle.
Commissioner Beck asked if they would be willing to amend their hours of operation. Mr. Shepherd said
that they could but it would be hard to do. He added that with the electronic logs, his drivers are limited to
how much they can drive. He further added that before they could park at a Love's Truck stop but now with
these electronic logs they can't do that.
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 Wailes said that Mr. Shepherd has stumbled across a great opportunity in that location in
regard to the facilities that exist, however, it is unfortunate that it is that close to Wattenburg. He believes
that a lot of these issues can be mitigated. Mr. Wailes added that this issue keeps coming up but in regard
to noise levels we need to start talking about persistent frequency.
Commissioner Cope said that it sounds like noise is an issue. He said that trees and living organisms will
absorb a lot more sound than a wall. He added that a wall may block the sound but the trees will absorb it.
He doesn't think it will resolve all the issues and problems and it will be an uphill battle for the applicant in
this location because it is so close to houses. He strongly encouraged the applicant to control the hours of
operation and they need to be reasonable for the neighbors as well. He said the hours are set and if you
are outside of those hours you are in violation of the USR.
Commissioner Beck said that although there was a produce company there before the scale of the
operation has changed. A number of the issues can be mitigated but the frequency and duration of the
noise needs to be controlled.
Commissioner Ford agreed that most of the issues can be mitigated; however in the middle of the night
when a truck comes in or leaves there will be noise for this neighborhood.
Commissioner Stille suggested that all traffic come to and leave the site from the west. Additionally,
controlling the hours of operation would help greatly.
Commissioner Cross said that he understands the nature of the business in working with deadlines to load
produce and how it affects the hours of operation. It appears to him that the previous business ran a
produce operation but didn't operate a trucking company. He said it is a difficult situation.
Motion: Forward Case USR17-0063 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 Jordan Jemiola.
Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Terry Cross, Tom Cope.
No: Michael Wailes, Richard Beck.
Commissioner Wailes cited Section 23-2-220.A.3 regarding compatibility. He said that the scale of the
business exceeds what the location permits.
Commissioner Jemiola understands both the applicants and the neighborhood's concerns; however he
feels with the berming and landscaping and relocating the access it would make it compatible.
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 4:18 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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