HomeMy WebLinkAbout20181991.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 19, 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 Vice -
Chair, Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Jchnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Terry Cross, Bruce Sparrow, Jordan Jemiola.
Also Present: Kim Ogle, Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 5, 2018 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR18-0033
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY (A 115 KV TRANSMISSION LINE APPROXIMATELY 1.75
MILES IN LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: S2 OF SECTION 2 EXC LOTS A & B REC EXEMPT RE -2429; LOTS C AND D
RECX12-0003, BEING PART OF THE S2 SECTION 3; LOT B RECX13-0096,
BEING PART OF N2 OF SECTION 2; ALL IN T3N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: GENERALLY LOCATED NORTH OF CR 36; SOUTH OF CR 38; EAST OF CR
31; WEST OF CR 35.
Chris Gathman, Planning Services, presented Case USR18-0033, reading the recommendation and
comments into the record. Mr. Gathman noted that this transmission line will connect to a substation which
will serve the Latham Gas Plant (USR18-0019), which was presented to the Planning Commission at the
last hearing. 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, classification of the roadways that will be
crossed and added that a Road Maintenance Agreement will be required.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that the Environmental Health referral
comments were not included in the development standards and requested that the memorandum she
submitted replace Development Standards 11 through 17.
Jeff Walker, Public Service Company of Colorado, 1800 Larimer Street, Denver, Colorado, stated that this
transmission line will connect the Anadarko Gas Plant into the electrical grid. Therefore, their compressors
will run off electricity which will have higher efficiency and will reduce noise from the compressors. Mr.
Walker reviewed the advantages and disadvantages of the alternate routes versus the preferred route.
Commissioner Cope asked if anyone else is benefiting from the transmission line or if it is just Anadarko.
Mr. Walker said ii is being built to serve the gas plant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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The Chair referred to the requested changes by the Health Department. Ms. Light submitted the
Environmental Health Referral and requested that these comments replace Development Standards 11
through 17.
Motion: Amend Development Standards 11 through 17, as requested by Staff, Moved by Bruce Johnson,
Seconded by Tom Cope. 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: Approve Case USR18-0033, Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR18-0020
APPLICANT: SHAWN & SUSAN WIANT
PLANNER: KIM OGLE
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 (CONSTRUCTION AND AGRICULTURAL MACHINERY
SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -2702, BEING PART S2 SECTION 22, T1N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 45; APPROXIMATELY 215 FEET NORTH OF
CR 6.
Kim Ogle, Planning Services, presented Case USR18-0020, 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 called a Recess to allow the storm to pass at 1:02 pm and reconvened the hearing at 1:10 pm.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and 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.
Shawn Wiant, 2113 CR 45, stated that they are proposing to use a portion of their property to sell earth
moving equipment such as small excavators and loaders and sell to neighboring farmers and ranchers,
small contractors and the occasional homeowner.
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 USR18-0020 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR18-0038
APPLICANT: SARAH & BRIAN CARR
PLANNER: KIM OGLE
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A KENNEL (UP TO 30 DOGS, SIX (6) MONTHS OF AGE OR OLDER TO
INCLUDE DOGGIE DAYCARE AND BOARDING), IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: SUBX15-0035, BEING PART NW4 SECTION 7, T6N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENTNTO CR 72; APPROXIMATELY 515 FEET EAST
OF CR 25.
Kim Ogle, Planning Services, presented Case USR18-0038, 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, and access to the site and 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.
Sarah and Brian Carr, 12092 CR 72, stated that they have wanted to operate a dog kennel for a long time.
For the past 5 years they have looked for land that was outside city limits and didn't have a lot of nearby
neighbors. When they found this location, they purchased this property and spoke to all the surrounding
neighbors. She added that they had no concerns with their project.
Commissioner Ford asked if this will be their full-time job. Ms. Carr replied yes.
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 USR18-0038 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR18-0035
APPLICANT: TALLGRASS TERMINALS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE
FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2045, BEING PART S2NW4 SECTION 24, T3N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.5 MILES NORTH OF CR 30 AND APPROXIMATELY 0.25
MILES EAST OF CR 47.
Kim Ogle, Planning Services, presented Case USR18-0035, 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 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.
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Cody Wagoner, Tallgrass Terminals, 370 Van Gordon Street, Lakewood, Colorado, stated that Tallgrass
Energy is proposing 150,000 barrel tanks in Phase 1 of the development. Phase 2 will include up to three
additional 250,000 barrel tanks. There will also be a truck LACT facility on site in the event it may be
needed in an emergency.
Commissioner Ford asked if customers are already in place. Mr. Wagner replied that they do have
customers lined up.
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 USR18-0035 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
CASE NUMBER: USR18-0024
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 1700 FEET LONG (16 INCH NATURAL GAS
PIPELINE), A LESS THAN 30 FOOT IN HEIGHT COMMUNICATION TOWER
AND METER SITE APPURTENANCES IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: THE METER SITE WILL BE LOCATED IN SUBX18-0006, BEING PART OF THE
E2NE4 SECTION 10, T1N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
THE PIPELINE WILL ORIGINATE AT THE DISCOVERY FORT LUPTON GAS
PLANT IN THE NW4 OF SECTION 11, T1N, R66W THEN HEAD WEST
APPROXIMATELY 1,700 FEET INTO SECTION 10, T1N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO AND TERMINATE AT THE DISCOVERY
PRAIRIE DOG METER SITE.
LOCATION: GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR
10 AND EAST OF CR 31.
Kim Ogle, Planning Services, presented Case USR18-0024, 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 the drainage
conditions for the site. Ms. Balzano requested that a Condition of Approval 1.F.11 be added in regard to
identifying the right-of-way on the site plan.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matthew Norton, Discovery Midstream, 3601 Stagecoach Road, Longmont, Colorado, stated that they are
proposing a 16 -inch natural gas pipeline approximately 1700 feet from their Fort Lupton Gas Plant to an
interconnect with Kinder Morgan. A metering site and a 30 -foot communication tower is also proposed on
site.
Commissioner Ford referred to the proposed valves at both ends of the pipeline and asked if they are
monitored by computers or employees. Mr. Norton replied that they are monitored by both employees and
computer.
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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 the requested Condition of Approval. Ms. Balzano read the requested Condition of
Approval 1.F.11 into the record "County Road 33 Section Line is shown to have 30 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. Show
and label the section line Right -of -Way as "CR 33 Section Line Right -Of -Way, not County maintained."
Motion: Add Condition of Approval 1.F.11, as stated by Staff, Moved by Tom Cope, 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 USR18-0024 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 Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
The Chair called a recess at 2:03 pm and reconvened the hearing at 2:15 pm.
CASE NUMBER: USR18-0014
APPLICANT: VALLEY OAK DRIVE, LLC, C/O TROY & DAWNA ARMSTRONG
PLANNER: MICHAEL HALL
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.
LEGAL DESCRIPTION: LOT 8 JB ACRES 3RD FILING, BEING PART OF SECTION 33, T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO N 66TH AVENUE; APPROXIMATELY 0.13
MILES NORTH OF C STREET.
Michael Hall, Planning Services, presented Case USR18-0014, reading the recommendation and
comments into the record. Mr. Hall noted that 14 letters were received in opposition to this request outlining
concerns with lowering property values, changing the neighborhood single-family residential dynamic and
that the use is not compatible with the overall character of the neighborhood. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Johnson asked if there is an active HOA. Mr. Hall said he is not aware if there is an HOA.
Commissioner Ford asked if JB Acres was intended to be a single-family residences or multi -family
residences. Mr. Hall said that at the time it was platted in 1970 it was not called out either way. He added
that it was just zoned as an agricultural subdivision but has been functioning as a single-family residence
since then. Mr. Hall added that the agricultural zone district does allow second homes.
Commissioner Ford asked if the conditions of the USR would go away when the mother-in-law would pass
away. Mr. Hall replied no because the USR runs with the land and the second home is allowed to be used
as a rental.
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.
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Commissioner Stolle said that North Weld County Water District has frozen all applications for second
homes and asked what the status is for this request. Mr. Hall said that in the North Weld County Water
District Referral dated October 23, 2017 they stated that there are no concerns for the existing meter to be
used for the second home. Mr. Stifle asked Staff to check on the status before the Board of County
Commissioner hearing.
Commissioner Cope stated that he knows and has worked with the applicants; however, he has not worked
on this project and feels that he can be impartial on this project. Mr. Choate asked Mr. Cope if he has
received any financial gain from the applicants. Mr. Cope said that he has not received and will not receive
any financial gain.
Troy Armstrong, 3001 Valley Oak Drive, Loveland, Colorado, stated that his mother-in-law has lived in the
existing home for the past 23 years and added that they have helped maintain the property for the last 23
years. Mr. Armstrong said that their intention is to care for her but to let her live independently as long as
they can. He added that they plan to build a shop with an apartment attached to it. He emphasized that
they have no desire to rent the apartment to anyone and stated that the building will be a metal building to
look like a shop and not have a residential appearance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bill Gotchey, 595 N 66th Avenue, stated that they have no problem with the shop but they have concerns
with the apartment. Mr. Gotchey said that one of the neighbors was denied the same request years ago
and it doesn't seem equitable that they were not allowed to do it.
John Agens, 502 N 66th Avenue, stated that if this is approved then more will do the same.
Ilene Doty, 407 N 67th Avenue, stated that she doesn't understand why a rental would be allowed.
Commissioner Ford asked if the situation was reversed and Ms. Doty's children would like to build a house
on her property so she could remain in the house, would she feel differently. Ms. Doty replied no.
Tim Gideon, 403 N 66th Avenue, stated that he doesn't want to see the start of second homes in this
subdivision.
Gary Davies, 592 N 66th Avenue, said that he has the same thoughts that it will start a precedence of
building second homes in the neighborhood. He is also concerned that it will become a rental property in
the future.
Nader Ghaffarvand, 400 N 66th Avenue, said that this is a hard situation. He said if there are stipulations
that when the mother passes that the apartment will no longer exist. He asked the Planning Commission
to consider the history of the subdivision.
Tim Thissen, 600 N 71st Avenue, understands taking care of family but doesn't believe that a stipulation
can be placed because the apartment is permanent. He added that this is a quiet and private community
and doesn't want to see that disturbed.
The Chair asked the applicants if they will live in the house. Mr. Armstrong said that the mother-in-law will
live in the house and added that they will most likely renovate the home after the mother-in-law is no longer
there. He has no intention of renting the apartment after it is vacant and added that he wouldn't mind that
a restriction be placed of not renting it as long as it's a family member. Mr. Armstrong said that they intend
to take care of his mother-in-law and his parents after that. He said it is a family situation.
Commissioner Johnson asked if they can put a stipulation on it. Bob Choate, County Attorney, stated that
if the Planning Commission feels that if something needs to be added to the Resolution to address the
compatibility issues that have been brought to their attention, he recommended to limit it to the use by
family members and caregivers.
Commissioner Wailes didn't think the restriction should be placed as he doesn't like to tell people what they
can do with their property. Commissioner Ford disagreed and feels that if they don't limit this it will set a
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precedence. Mr. Wailes emphasized that a positive outcome of this application isn't setting a precedence
or opening a door to anything as there is a procedure that exists for this. He is concerned by placing limits
that they are telling people what they can or cannot do with their private property. Commissioner Stille said
that he feels by placing the restriction it would satisfy the community.
Mr. Choate suggested adding a new Development Standard 2 to read "The second home shall be restricted
to family and caregivers".
Motion: Add new Development Standard 2, as recommended by Staff, Moved by Bruce Johnson,
Seconded by Lonnie Ford.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Richard Beck.
No: Michael Wailes, Tom Cope.
Commissioner Cope stated that he has been consistent with the request for second homes. He added that
he feels for the applicants but he wants to remain consistent. He feels that the subdivisions are platted as
single-family unit developments and they are intended to be that way. He added that if someone wants to
add a second home then the subdivision should be replatted.
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.
Commissioner Ford agreed with Mr. Cope and believes that subdivisions are for single-family homes. He
understands the circumstance of wanting to help their mother and it is more agreeable to him with the way
it is presented by building a shop with an apartment instead of a separate house planned.
Commissioner Johnson agreed with Mr. Cope as well and said that by adding this standard it presents
another option to the applicant to present to the Board of County Commissioners.
Motion: Forward Case USR18-0014 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Tom Cope, Seconded by Richard Beck.
Vote: Motion failed (summary: Yes = 3, No = 3, Abstain = 0).
Yes: Bruce Johnson, Richard Beck, Tom Cope.
No: Gene Stille, Lonnie Ford, Michael Wailes.
Commissioner Johnson said that subdivisions are subdivisions and it is obvious by the neighbors that it is
not compatible with what they think their neighborhood should be.
Mr. Choate stated that the motion failed as it was a tie vote.
Motion: Forward Case USR18-0014 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 Michael Wailes, Seconded by Gene Stille.
Vote: Motion failed (summary: Yes = 3, No = 3, Abstain = 0).
Yes: Gene Stille, Lonnie Ford, Michael Wailes.
No: Bruce Johnson, Richard Beck, Tom Cope.
Mr. Choate stated that the motion failed again. He added that the Resolution will reflect the tie vote on the
referral to the Board of County Commissioners who will make the final determination.
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 3:18 pm.
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Respectfully submitted,
46\ b 1 &I L
Kristine Ranslem
Secretary
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