HomeMy WebLinkAbout20171667.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 2, 2017
' 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, Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross,
Tom Cope.
Absent: Bruce Johnson, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
IIID Motion: Approve the April 18, 2017 Weld County Planning Commission minutes, Moved by Tom
Cope, Seconded by Michael Wailes. Motion passed unanimously.
D' CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0015
R 17-0015
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FOUR (4.1) MILES LONG, FOUR (4)
TEMPORARY USE AREAS USED FOR STORAGE AND STAGING OF BORING
EQUIPMENT AND NATURAL GAS PIPE, CONSTRUCTION EQUIPMENT AND
LAYDOWN FOR NATURAL GAS SEGMENTS, A REGULATOR STATION AND
FOUR BUILDINGS TO HOUSE COMPONENTS OF THE REGULATOR STATION
IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE PREFERRED PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING
SECTIONS 35, 34, 26, 23, AND 14, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
GENERALLY LOCATED SOUTH OF CR 22; WEST OF CR 37; NORTH OF CR
14 AND EAST OF CR 31.
ID' Kim Ogle, Planning Services, presented Case USR17-0015, reading the recommendation and
comments into the record. Mr. Ogle stated that 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.
D'' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
ID" Randy Blank, Public Service Company, 1901 East Horsetooth Road, Ft. Collins, Colorado, stated that
this project is the Lancaster — Fort Lupton project. He said that this will increase capacity and it will primarily
provide another feed source from the Lancaster Plant that is on the north end of the project into the existing
system at the southern end. He added that this will help provide more reliable and improved service to
their customers in this region.
Mr. Blank provided an explanation of the monitoring and safety measures incorporated with this proposed
pipeline. He stated that they intend to begin construction this Fall with service beginning in the Winter. The
reclamation activities including revegetation and grading will begin in the Fall of 2018.
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2017-1667
I' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Selina Koler, Tri-State Generation and Transmission Association, 1100 West 116th Avenue, Westminster
Colorado, stated that Tri-State Generation and Transmission has two (2) lines in that area, which include
rights -of -way. She added that they want to make sure that Tri-State's rights to build within this easement
are protected. She said that they appreciate Public Service Company's mitigation to protect the pipeline
and they feel confident that they can work with the applicant on these issues.
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.
ID` Clint Hebert, Anadarko Petroleum stated that they are in support of this project and working closely
with the applicants to ensure that the route is safe. He added that they want to make sure it doesn't impact
any of their existing infrastructure in the area.
ID* Motion: Forward Case USR17-0015 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 Terry Cross, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
ID` CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 17-0005
ARISTOCRAT RANCHETTE WATER PROJECT INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE
GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT AND
ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR
PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS (PROPOSED 2,400 SQUARE FOOT BUILDING
FOR STORAGE OF WATER SYSTEM AND COMMUNITY EQUIPMENT FOR
THE ARISTOCRAT RANCHETTES SUBDIVISION) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
PART OF LOT 7 BLOCK 11 ARISTOCRAT RANCHETTES INC; PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO DALE AVENUE AND APPROXIMATELY 270
FEET WEST OF WOODRUFF STREET.
Chris Gathman, Planning Services, presented Case USR17-0005, 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. Mr. Gathman noted that initially staff
believed that there were three (3) separate parcels; however, upon further research they were able to find
a deed in 2002 that combined all three parcels into one lot (Lot 7). Therefore, staff is requesting that
Condition of Approval 1.A be removed.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
al* 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.
DI* Harold Leggett, 302 Central, Platteville, Colorado, said that he is operator responsible for Aristocrat
Ranchettes Water Project. He stated that they need indoor storage of the pipe and materials so that he
can maintain the integrity of the materials used for repairs and line replacement. He added that they also
would store their work truck, emergency supply trailer and the lawnmower in the building.
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 he has read through the amended Development Standards and Conditions
of Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Motion: Delete Condition of Approval 1.A, as recommended by Staff, Moved by Jordan Jemiola,
Seconded by Cherilyn Barringer. Motion carried unanimously.
11' Motion: Forward Case USR17-0005 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 Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
The Chair called a recess at 1:28 pm and reconvened the hearing at 1:40 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ17-0002
C. BRADLEY KEIRNES
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (COMMERCIAL) ZONE DISTRICT.
PART NE4NE4 SECTION 23, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO HWY 392 AND WEST OF AND ADJACENT TO
CR 35.
Diana Aungst, Planning Services, presented Case COZ17-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that two letters were received this morning that object to this
Change of Zone. Ms. Aungst noted that there are two homes on the property; however the applicant has
indicated that both homes are being used as offices for CDOT. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Commissioner Wailes asked if CDOT is working in the area. Ms. Aungst said that they are using this
property as a staging area for work on US Highway 85. Mr. Wailes asked why the applicants are requesting
a Change of Zone and not a USR (Use by Special Review). Ms. Aungst said that she would defer that to
the applicant to answer.
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.
r` Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements on -
site.
Todd Hodges, 2412 Denby Court, Ft. Collins, Colorado, stated that the applicants started working on
a commercial project in nature prior to the violation. He added there used to be an approved land use
permit for an excavation company on -site; however, the land use permit was not transferrable. CDOT had
approached the applicants to lease this property as a temporary staging area for work being done on
Highway 85. He added that CDOT intends to leave the property in November 2017.
Mr. Hodges said that the C-3 Commercial Zone District gives them the ability to limited uses along the
highway and be accessible to the neighborhoods as this area urbanizes. He added that it is supported with
long term plans with the City of Greeley. There are two (2) existing access points to the site and Mr. Hodges
stated that they are working with CDOT to try to retain the access on Highway 392. He added that CDOT
has stated that that access be closed as part of the Access Plan; however, there are elements within that
Access Plan that give the applicant the opportunity to amend that Plan based on their land use in the future.
Mr. Hodges said that this site is in an area that is urbanizing and added that this corridor will be critical in
the future as this will increase economic development in the area.
Commissioner Stille said that there were livestock on the property previously and then CDOT stored ground
asphalt on the property. He asked if there are any intentions of moving that storage area out or paving over
the top of it. Mr. Hodges said that they have looked at an RV storage facility on site and added that it is
allowed in the C-3 Zone District. He added that through the Site Plan they would work with Staff on the
grading and drainage of the site. Mr. Hodges said that they intend to keep the two (2) homes on site and
submit them as nonconforming uses or convert them to offices.
Commissioner Stille asked if a future stop light is planned at the intersection of Highway 392 and County
Road 35. Mr. Hodges said in talking over the Access Control Plan with CDOT there will potentially be a
traffic light at that intersection in the future.
Commissioner Cope asked that if this area is rezoned and the uses become greater, at what point does
tracking control come in. Mr. Pinkham said that if there are over 20 vehicles per day, then requirements
would be added for tracking control as well as an improvements agreement if traffic increased.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tony Negle, 33051 CR 35, stated that he lives right across the street from this site. He said that a storage
facility will not benefit this area. He said that they have always had a view of the lake. He added that it is
an agricultural area and not a commercial area.
Mr. Hodges said that it is important to understand that this isn't the only property the applicants own.
They also own around the lake and south of the ditch so they have great interest of what happens on this
corner. The Change of Zone from Agricultural to C-3 has merit based on the number of houses in the near
future. He added this is not a viable agricultural lot because of the size of the property.
Mr. Hodges referred to Item 2.D on Page 4 of the Staff report, specifically "CDOT has indicated that the
access on State Highway 392 will need to be closed and the Department of Public works has stated that
the access on CR 35 can be used as a commercial access point." He requested that this sentence be
deleted or modified as CDOT has identified as closure and they don't want anything to indicate that they
would lose that access point. He added that it is very critical that this access point remains open on this
property and that the evaluation of that access point is reviewed upon development of the property. He
added that they will continue to work with CDOT on this access. Mr. Hodges suggested amending this
sentence to read "Access exists on State Highway 392 and is under the jurisdiction of CDOT".
Commissioner Cope said that when there are two arterial streets combined it makes sense to look at the
big picture and evaluate what will be happening in the future. He added that C-3 property makes sense in
this area.
Commissioner Jemiola said that he also sees commercial uses on that intersection with the pace that the
County is growing. He feels comfortable with the uses allowed in the C-3 Zone District for this area.
The Chair asked if Staff had any comments regarding the applicant's request. Ms. Aungst said that the
statement by the applicant is accurate and added that there is an access under the jurisdiction of CDOT.
The referral comments from CDOT state that "The State Highway 392 Access Control Plan identifies the
existing State Highway 392 access as being removed as part of the redevelopment of the parcel". Ms.
Aungst suggested using this language as it was provided to us by CDOT.
Commissioner Stille said that if the access remains and the property is developed he is concerned with
traffic safety of those people pulling on/off Highway 392. He said that if it becomes a storage facility there
wouldn't necessarily be that much traffic. He also disagreed with the applicant and added that this property
can still be used as agricultural property as he referred to cattle grazing on the property previously. He
doesn't believe it is compatible with the area.
Ms. Aungst said that there is a Condition of Approval that they applicant needs to address CDOT's
concerns. Therefore, until that Condition of Approval is actually approved in writing by CDOT, the applicant
will still need to work with CDOT to take any action that CDOT deems necessary to move forward with this
Change of Zone.
Bob Choate, County Attorney, said that he understands the applicant's concern but cautioned that it may
have the opposite effect. He referred to Section 23-2-30.A.4 which requires the Board and the Planning
Commission, before approving a Change of Zone, find that the street or highway facilities providing access
to the property are adequate in size to meet the requirements of the proposed zone district. Mr. Choate
said that what the statement in the resolution says that CDOT indicates that this needs to be closed and
Public Works has stated that the access on County Road 35 can be used as a commercial access point.
By leaving that statement you are basically saying that we think this can be zoned commercial and that the
street and highway facilities are appropriate to support it even if that access gets closed. Mr. Choate
clarified that it is not a condition that the access gets closed as it is within the jurisdiction of CDOT.
Mr. Hodges appreciated that comment and added that they just want to make sure that there is no language
that indicates that this access is to be definitely closed because that is not the discussion they have had
with CDOT. Mr. Hodges stated that this is on record so they will no longer pursue the requested
amendment.
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.
D' Motion: Forward Case COZ17-0002 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 passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Cherilyn Barringer, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
No: Gene Stille.
Commissioner Stille said that he doesn't believe it is compatible with the surrounding land uses and cited
Section 23-2-30.A.2.
11* CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
1MJUSR17-02-1366
SHAWN & STACEY GREATHOUSE
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO A USE
BY SPECIAL REVIEW PERMIT NUMBER USR17-02-1366 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,
(MAJESTIC FENCE COMPANY) TO INCLUDE MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (THE STAGING, STORAGE AND PARKING AND MAINTENANCE OF
EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT) 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
LOT B CORRECTED REC EXEMPT RE -2720; PART S2SW4 SECTION 32, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 50; WEST OF AND ADJACENT TO CR
15.5.
D'' Kim Ogle, Planning Services, presented Case 1 MJUSR17-02-1366, 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 Wailes noted that he knows the applicants; however he feels he can make a fair and impartial
judgement and has not received any financial benefit.
`` 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.
ID' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Di` Stacey Greathouse, 24155 CR 15.5, Johnstown, Colorado, stated that they are looking to add some
additional options for their property, such as the oil and gas support facilities that staff mentioned.
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.
i Motion: Forward Case 1 MJUSRI7-02-1366 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 Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
The Chair called a recess at 2:35 pm and reconvened the hearing at 2:40 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 17-0006
HECTOR RAMON FLORES SALGADO AND ROSA RUVALCABA
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 (COMMERCIAL TRUCK PARKING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
ALL THAT PART OF THE SOUTH 245.9' OF THE WEST 10 ACRES NW4SE4
SECTION 11, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO E. 18TH STREET AND APPROXIMATELY 100
FEET EAST OF HEMLOCK AVENUE.
ID. Diana Aungst, Planning Services, presented Case USR17-0006, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter was received with concerns about the fence.
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. Because the applicant
is not going to build another building, she recommended removing amending Condition of Approval 1.B.12
to read "The applicant shall show and label drainage flow arrows".
DID` Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Brian Bagley, Bagley Law Firm, 630 15th Avenue, Longmont, Colorado, stated that the applicants want
to store some trucks on the property. He added that they don't intend to change anything on the property.
The drivers will come to the site in the morning and arrive again in the evening. Mr. Bagley stated that the
applicants agreed to install a 9 -foot fence, as that was a concern with their neighbor, Ms. Flynn. He said
that there is currently a 3 -foot chain link fence along with property.
Commissioner Jemiola asked how many trucks will be on site. Mr. Bagley said that currently there are 6
trucks; however, they are requesting 7 trucks and trailers.
ID' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Elvira Flynn, represents her mother who lives adjacent to the property, and said that they have no objections
to the request but doesn't want an oppressive fence between the properties. She added that they are
happy right now and they don't want a 9 -foot metal fence 15 feet from the house. She added that if they
don't like the view they will plant more shrubs and vegetation.
Commissioner Cope reminded Ms. Flynn that this USR would run with the land so if ownership were to
change her mom might feel differently. Ms. Flynn still felt that the existing fence was acceptable.
ID' Mr. Bagley said that the applicants would like to keep the fence at three (3) feet given that there are
no complaints from the neighbors. He added that should it become a problem in the future, the applicants
are willing to address 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.
DP" Motion: Forward Case USR17-0006 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 carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
Commissioner Barringer said that the neighbor is being extremely generous and hopes that if she has any
issues in the future that the applicant would address them kindly.
Commissioner Cross echoed Ms. Barringer's comments.
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 3:09 pm.
Respectfully submitted,
iiieta&fru
Kristine Ranslem
Secretary
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