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HomeMy WebLinkAbout20173612.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 5, 2017 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. Absent: Bruce Johnson and Gene Stille. Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. • Motion: Approve the August 15, 2017 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0028 JOHN AND KATHLEEN TRAVIS KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (PAINTING, RESTORATION AND CONSTRUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A REC EXEMPT RE -4151; PART W2S2E2SW4 SECTION 30, T2N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 2025 FEET SOUTH OF CR 16.5 AND APPROXIMATELY 1575 FEET EAST OF CR 1. Kim Ogle, Planning Services, presented Case USR17-0028, 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. Commissioner Jemiola asked how a violation was determined as there was no outdoor storage on site and there are no advertisements on site. Mr. Ogle said that we have received an anonymous complaint from a referral agency. Mr. Jemiola said that he doesn't see any nearby neighbors that would be impacted by noise. He added that he is concerned with these zoning violations, especially with home businesses that don't have any impact visibly on the outside of their property. Mr. Ogle stated that there was an event on or near this property and one of the emergency responders identified that there was a potential for an explosion as there was storage of 55 gallon drums of paint and solvent outside. • Evan Pinkham, 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. John Travis, 352 CR 16.5, stated that he lives in the residence and owns the business on site. Commissioner Wailes asked what is being painted on site. Mr. Travis said they paint mostly residential exterior and interior. He added that have a lot of new construction where they finish and paint doors and cabinet refinishes. Mr. Wailes asked the applicant if they are the ones who transports the material to and ^from the site. Mr. Travis replied yes. l .c VVI (M u v"\'‘ O1 -Ns 10 ra3 -7 1 2017-3612 Commissioners Jemiola referred to the hours of operation and asked the applicant if he wanted to make any changes if they have a busy week and might need to stay later than 4 pm. Mr. Jemiola suggested changing it to a 24 -hour operation, 7 days a week. Mr. Travis said that he would accept his recommendation. 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 3 to reflect a 24 hour, 7 days a week operation, Moved by Jordan Jemiola. Motion failed due to lack of second motion. Commissioner Cope said that he feels it is up to the applicant to identify the hours that they feel are appropriate. He feels that 24/7 seems like it could be a burden to neighbors possibly. Mr. Travis said that it does happen occasionally when they have a large demand to go until 6 pm. However, he said that because he is a resident he tries to curb the hours. Mr. Cope clarified if the applicant is requesting an amendment for the hours of operation to be from 8 am to 6 pm. Mr. Travis replied yes. Motion: Amend Development Standard 3 to reflect the hours of operation from 8 am to 6 pm, Monday through Saturday, Moved by Tom Cope, Seconded by Michael Wailes. 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 USR17-0028 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 Tom Cope, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. CASE NUMBER: PUDZ17-0004 APPLICANT: UNION FARMS DEVELOPMENT, LLC C/O ANDREW BATSON PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TWELVE (12) RESIDENTIAL LOTS WITH ESTATE ZONE DISTRICT USES WITH 4.6 ACRES OF OPEN SPACE. LEGAL DESCRIPTION: PART W2NW4 SECTION 29, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO HWY 66 AND APPROXIMATELY 660 FEET EAST OF CR 3. Diana Aungst, Planning Services, presented Case PUDZ17-0004, reading the recommendation and comments into the record. Ms. Aungst noted that one letter of objection was received outlining concerns of a negative environmental impact to the area, septic systems will be detrimental to the water table and that the drainage report should include the impact of the 12 septic systems and eventual flow. 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 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. 2 Andrew Batson, 12656 Waterside Lane, Longmont, Colorado, stated that he owns Copper Homes, a small custom homebuilder. He said that there will be a total of 12 home sites as the existing home will be remodeled. He added that it is compatible use with the surrounding properties. Mr. Batson said that he has talked with St. Vrain Sanitation and they agreed that it wouldn't be practical to install a sewer line one and one-half miles to serve the 11 homes. He said that they do want to work with the neighbors regarding the drainage release that would come out of the proposed detention pond on site. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Monica Baldwin, 13738 CR 3, stated that she lives directly south of the property. She said that the land slopes down and in 2013 flood, water just poured through that field down to their area. She said that they are concerned about the proposed detention pond adjacent to their property. Commissioner Sparrow asked to clarify if the concern is that the detention pond would overflow onto the adjacent property. Ms. Baldwin replied that they are concerned with where the release drain is and the capacity of that release drain. Mr. Batson introduced the civil engineer for the project. Patrick Chelin, Matrix Design Group, 1601 Blake Street, Denver, Colorado, stated that he met with the neighbors last week on the site. He said that their intent is to safely convey the water so it doesn't inundate their property or their homes. He added that they are working with staff to ensure that they comply with the Weld County Code as well as have a safe discharge point. Mr. Chelin said that there is no solution yet but they are working towards it. Commissioner Cope asked at what rate they will be releasing from the detention pond. Mr. Chelin said that they are working with staff and added that there are a couple design criteria that has evolved since they originally did their drainage report last year. He added that they will be tweaking that to meet the new urban drainage criteria but it is roughly 2 cfs. Commissioner Sparrow asked where it will be released to. Mr. Chelin said that they will have to come up with some downstream system to take the water safely. Commissioner Cope asked Mr. Chelin, if in his professional opinion, if the release rate would impact the neighbor negatively. Mr. Chelan said that it shouldn't and it will be designed not to. Commissioner Wailes stated that he is concerned with moving something forward that they don't have the full plan in place. He added that he would like to see this addressed before the Board of County Commissioner's hearing. Commissioner Sparrow agreed with Mr. Wailes comments. Ms. Aungst added that there is a Condition of Approval stating that the applicant is required to submit an updated preliminary drainage report that will be reviewed by the Planning Department Services Engineer prior to approval during the Final Plan process. 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 PUDZ17-0004 to the Board of County Commissioners along with the Conditions of Approval 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 = 5). Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. The Chair called a recess at 1:26 pm and reconvened the hearing at 1:38 pm. CASE NUMBER: USR17-0032 APPLICANT: DISCOVERY MIDSTREAM PARTNERS, LLC PLANNER: KIM OGLE 3 REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (20 -INCH) APPROXIMATELY FIFTEEN (15.2) MILES LONG IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: THE PROPOSED PIPELINE ENTERS WELD COUNTY IN SECTION 33, T1N, R67W AND TRAVELS NORTH THROUGH SECTIONS 28, 27, 22, 15 AND 14 TURNING SOUTH THROUGH SECTIONS 23 AND 24, -11 N, R67W THEN EAST THROUGH SECTIONS 19, 20, 21 THEN TURNING NORTH INTO SECTIONS 21, 16, AND 15 THEN EAST INTO SECTION 14 THEN NORTH INTO SECTION 11, TIN, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO TERMINATING AT THE FORT LUPTON GAS PLANT. LOCATION: GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR 2 AND EAST OF CR 17. • Kim Ogle, Planning Services, stated that five (5) letters were received from surrounding property owners and one letter and a presentation from an attorney who represents three (3) of the surrounding property owners requesting that this case be continued. Mr. Ogle said that he has spoken with the applicant and they have stated that they want to move forward with this case. He added that the concerns that the surrounding property owners have deals with another component of a land use application and this case is for the pipeline only. Therefore, staff requested to move forward with this case today. Commissioner Jemiola asked if this case was adequately noticed. Staff stated that the case was noticed properly. Commissioner Jemiola said that he appreciates the request for continuance, however he feels it would be a disservice to the people who have come here today. Mr. Jemiola said that he would like to hear the case today. The Planning Commission members agreed to hear the case today. • Kim Ogle, Planning Services, presented Case USR17-0032, reading the recommendation and comments into the record. Mr. Ogle noted that, as previously stated, five (5) letters were received from surrounding property owners. 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 access and right-of-way permits. • 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. Cory Jordan, Discovery Midstream Partners, 7859 Walnut Hill, Dallas, Texas, stated that they are proposing a natural gas pipeline for approximately 15 miles in length. The pipeline originates in Adams County and will then go into their processing plant in Weld County. The gas will then be transported onto third -party pipelines for delivery to regional markets. Commissioner Sparrow asked if the gas will be scented. Mr. Jordan replied that it is unscented. Commissioner Wailes asked what percentage the applicant has in agreements with the landowners. Mr. Jordan couldn't offer a percentage, however he said that there are only three (3) landowners along the proposed corridor that haven't signed agreements yet. • The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ed Engle, 4233 Falcon Drive, Ft. Lupton, stated that he is the President of Buffalo Ridge HOA and is concerned with the traffic from the construction of the gas plant. He understands that there will be a lot of construction traffic with the pipeline that will further impact their community. He added that the traffic will 4 be the greatest when the residents leave and the school busses pick up the children. Mr. Engle said that they are in opposition to the second gas plant proposed as well as this pipeline. He feels that the gas plant has adequate pipeline to be run as a facility right now. • Dawn Pettinger, 17120 Falcon Drive, Ft. Lupton, said that her property adjoins the current gas plant property. She is concerned that the value of their property will decrease. They feel it is too early to discuss this pipeline since they are still in the process with Discovery Midstream to mitigate the impact that the proposed second gas plant will have on their neighborhood and their individual home property values. She said that they are opposed to this pipeline because of the impact it will have on their property values, noise that will be generated and the dangers of having an industrial site next to a residential neighborhood. • Walter Pugliese, 17150 Eagle Street, Ft. Lupton, said that they don't want to shut this pipeline down but if it is approved then the second phase is a done deal. • Christy Adams, 4088 Meadow Lark Road, Ft. Lupton, understands that we are talking about the pipeline today but as everyone has said it is just more than the pipeline. She added that if the pipeline is approved they will need a plant to process the gas. Ms. Adams said that they do not know yet the impact of their quality of life from the second gas plant. She asked to delay the decision until such time they can work with the applicants. Nancy Pew, 17200 Eagle Street, Ft. Lupton, said that she is concerned as the traffic and noise were not addressed in Phase 1 of the project. She stated that they are not in favor of this pipeline or the proposed Phase 2. • Mark Rients, 4423 Falcon Drive, stated that he is concerned with this much volatility this close to his home and it could create a catastrophic problem in their neighborhood should there be a natural disaster event. He said that because it is odorless gas they have no way of being able to know if those pipes are leaking above ground. Commissioner Sparrow stated that Weld County will furnish a gas monitor for your home. Mr. Ogle suggested that they contact Troy Swain, Weld County Oil and Gas Liaison, for more information. • Michael Desanti, 4180 Falcon Drive, stated that there are 45 residences in the subdivision and only 8 residences were notified so they didn't know about Phase 1. He stated that he is concerned with the expansion of the pipeline and requested that this be denied. • Matthew Sura, 7354 Cardinal Lane, Longmont, Colorado, requested denial of this application or delay the approval until Discovery obtains valid rights -of -way for the pipeline. His clients, Tom Morton, Michael Ware and Bill Wycoff, feel that they have been misled by the applicants about the scope of this project. He added that in an effort to obtain signed rights -of -way, the applicants misrepresented its project and failed to disclose the location of a large compressor facility that is being planned near their properties. Mr. Sura stated that this will have an undue adverse impact on the existing or future development. • Michael Ware, 845 CR 19, asked to postpone the approval of the pipeline as there has been a misrepresentation of the project. He said that after their discussions and negotiations with the applicant an agreement was completed, however the full extent of the project was not revealed to him. Mr. Ware said that he feels that development of his property is being jeopardized. P. Tom Morton, 515 CR 19, said that he is not here to stop the pipeline but wanted the Planning Commission to know that they were lied to. He said that he asked specific questions if there would be above ground appurtenances and if the pipeline would be a high pressure pipeline and added that he was told no to both questions. ' Mr. Jordan said that two separate topics were brought up. He understands their concerns, however accusing them of fraudulent acts and slandering their name is very serious. Mr. Jordan said that they have 5 held neighborhood meetings for the pipeline in February and March. He added that they held community meetings for the compressor station in May and June. He said that this pipeline is low pressure until there is a compressor station attached to it. This pipeline is needed to get the volumes to the processing plant that is currently permitted and under construction. 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 Jemiola said that we are reviewing the pipeline and not a compressor station. If there is a compressor station in the future, then they will evaluate the merits and location of that at that time. Mr. Jemiola said that he believes pipeline infrastructure does help alleviate a lot of traffic on Weld County Highways, which is a safety issue. Motion: Forward Case USR17-0032 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. Commissioner Wailes asked Counsel if there is pending legal action regarding the rights -of way of this pipeline. Bob Choate, County Attorney, said that he is not aware of any, however in Mr. Ware's testimony he indicated that it may be something that could happen in the future. He added that Planning Commission is not restricted from moving forward today. Those rights -of -way or easements have to be acquired and recorded and those reception numbers listed on the final drawing, which is recorded as well. Therefore, it is treated as a condition of approval that they need to acquire all of the right-of-way. Mr. Choate said that the decision needs to be based on Section 23-2-480. Commissioner Cope said that this case is for a pipeline and the compressor station and second plant will be heard in the future. He said that the people need to be aware that the regulations are followed very closely by staff. He added that whatever decision is made today, it is only a recommendation to the Board of County Commissioners, who have the final determination. He said that they should proceed forward with hearing this case. He added that every time someone felt there is an injustice there would be a delay and nothing would get done. Commissioner Cross agreed with Mr. Cope's comments. He said that there were some requests of delaying approval of this case, however, the Planning Commission doesn't give approval as they give a recommendation to the Board of County Commissioners. Michael Wailes seconded the motion. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. The Chair called a recess at 3:02 pm and reconvened at 3:14 pm. '' CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0035 R 17-0035 NINA MAY WILDER, PATRICIA WILDER DALLAROSA, AND JAMES RICHARD DALLAROSA DIANA AUNGST 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 (MOTORCYCLE RESTORATION) 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 AND 11 CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT. EAST 10 ACRES OF WEST 30 ACRES LOCATED IN S2SW4 SECTION 9, TIN, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 640 FEET EAST OF CR 5. 6 Diana Aungst, Planning Services, presented Case USR17-0035, reading the recommendation and comments into the record. Ms. Aungst stated that seven letters of support were submitted by surrounding property owners. She added that one letter of objection was received from a surrounding property owner outlining concerns of property values, leaking motorcycles, storage of gasoline and solvents, obstruction of views, noise and traffic. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Ms. Aungst added that the cargo containers are somewhat visible from the road, however she didn't believe they are outdoor storage and therefore did not recommend any additional screening for the site. Evan Pinkham, 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. James Dallarosa, 2181 CR 10, played a video of what it is that he does with the restoration of motorcycles. Mr. Dallarosa stated that he is devoted to preserving history of motorcycles. He said that there is essentially no traffic to this site and noise is not a problem as the motorcycles are not operated on site. Additionally, there is no painting on site so there are no odors or hazardous waste. Mr. Dallarosa stated that he works on 2 to 5 motorcycles per year. He believes he is compatible with the surrounding uses in his neighborhood. The use of the storage containers is rather inexpensive to buy rather than build a new structure. He added that in the future they hope to subdivide their property and do not want to build a building that would be in the way of dividing their property. Commissioner Jemiola asked if the motorcycles are restored inside and how the applicant takes care of leaking solvents or paint. Mr. Dallarosa said that there is no painting done on site. Most of the vehicles he gets are drained prior to coming to his property. He doesn't use solvents as he uses biodegradable materials or an ultrasonic cleaner. Any grease or products from cleaning the motorcycles are brought to Weld Count Hazardous Waste. A lot of his time is spent sourcing information on the computer rather than actually working on them. Commissioner Wailes said that it seems like this business is at a hobby level. Mr. Dallarosa said that he does not make a lot of money from this but it is his livelihood. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Mike Powell, 2111 CR 10, stated that there are a lot of false statements in this application. He submitted pictures of the area into the record. Mr. Powell said that old motorcycles have lead paints and asbestos in the brake lines and brakes. He is concerned with the big trucks that come to this business, devaluating his land and his views and decreasing his property values. Commissioner Jemiola asked if screening is required when there is a complaint from a surrounding property owner. Ms. Aungst said that the Weld County Code states that outdoor storage shall be screened from surrounding property owners and public rights -of -way. In this case, Mr. Powell is a surrounding property owner. She added that although it is not outdoor storage there is no reason that screening cannot be required on that side. She suggested adding it as Condition of Approval 1.C if the Planning Commission wants to add it. Commissioner Wailes referred to the pictures submitted and didn't see any of the containers in the pictures. Mr. Powell said the pictures show the flooding or draining from all the properties in the area. He said that the rust from the containers are going everywhere. 7 Andy Call, 2101 CR 10, said that he just bought property adjacent to the applicant's property and they don't hear any noise or see any parking along the roadway. He added that he didn't even know the applicant operated this business until the he came to visit with him about this case. Marvin Bowers, 4260 CR 5, stated that his property backs up to the applicant's property on the north side. He said that his property gets all of the drainage in the area and has never seen any contamination. Mr. Bowers said that he has been all over the applicant's property and there are no batteries or solvents leaking. He added that the cargo containers are spotless. He said all of this started with the lot lines being in the wrong place. ' The Chair referred to the potential condition of approval regarding screening. Commissioner Wailes suggested painting the containers all one color and then they could be used as screening for the site. Commissioner Cope said that he is not opposed to utilizing cargo containers as screening as they are less obtrusive than a house. Ms. Aungst suggested adding a Condition of Approval 1.6.11 to read "The map shall delineate the landscaping and/or screening". 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: Add Condition of Approval 1.6.11 as stated by staff, Moved by Jordan Jemiola, Seconded by Tom Cope. Motion carried unanimously. Motion: Forward Case USR17-0035 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 Jordan Jemiola, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 4:07 pm. Respectfully submitted, Kristine Ranslem Secretary 8 Hello