HomeMy WebLinkAbout20173994.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 7, 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, Terry Cross, at 12:35 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
Also Present: Kim Ogle, Department of Planning Services; Hayley Balzano, Department of Planning
Services — Engineering Division; Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 17, 2017 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Bruce Sparrow. Motion passed unanimously.
• Tom Parko, Planning Services, presented the 2018 Planning Commission Hearing Dates.
Motion: Approve the 2018 Planning Commission Hearing Dates as presented, Moved by Tom Cope,
Seconded by Bruce Johnson. Motion carried unanimously.
CASE NUMBER: USR17-0036
APPLICANT: DUSTY & KARRIE THOMAS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (STEEL FABRICATION) 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 MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (ROUST -A -BOUT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT C REC EXEMPT RE -3453; PART SE4 SECTION 26, T3N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.5 MILE SOUTH OF CR 30; 1.0 MILE WEST OF CR 49.
Kim Ogle, Planning Services, presented Case USR17-0036, reading the recommendation and
comments into the record. Planning Staff received one (1) letter from John Barry with Witwer, Oldenburg,
Barry & Groom, who represents John Moser of Wes Moser, Inc., who indicated they were not opposed to
the request; however, they are concerned with the increase of traffic and the potential of traffic congestion.
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.
• Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
• Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that the applicants are
requesting a land use permit for a steel fabrication shop and oil and gas support company for various
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agricultural and oil and gas operations. The applicant wanted to create a buffer from the two (2) closest
residences to the south by placing the facilities on the northern portion of the subject property. Mr. Naylor
noted that the applicants are currently leasing a property for their operations at County Road 48 and County
Road 49; therefore, all the traffic is currently in the 3 to 5 mile area.
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 USR17-0036 to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
CASE NUMBER: USR17-0041
APPLICANT: MATTHEW & CARRIE CARROLL, C/O CARROLL EXCAVATION AND REPAIR
INC.
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, (CARROLL EXCAVATION AND REPAIR INC.) 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
(AGRICULTURE) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 SECTION 24, T7N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 80; APPROXIMATELY 570 FEET EAST OF
CR 35.
Kim Ogle, Planning Services, presented Case USR17-0041, 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.
• 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. Mr. Frissell stated that inadvertently Development Standard
15 is included in Development Standard 14 and requested that it be corrected.
• Matthew Carroll and Carrie Carroll, 38754 CR 65, Galeton, Colorado, stated that they had a couple
questions regarding the conditions of approval which include the required screening of the property as well
as with the dumpster on site. She said that they didn't plan to install any screening as it would catch a lot
of debris from the water runoff and the wind damage. Additionally, they would prefer not having an opaque
fence because of security reasons. The dumpster is not screened as the trash company prefers it to be
accessible and not behind a fence.
Ms. Carroll said that the employees arrive in the morning and then go out to various job sites and then
return in the evenings. Occasionally, when there are emergencies for municipalities they will also be on
site.
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Commissioner Stille asked staff if screening is required. Mr. Ogle said that per the County Code, any
outside storage or parking areas is required to be screened from adjacent property and public rights -of -
way. He suggested that an opaque fence be installed along County Road 80 or the applicants could talk
to their neighbors and ask what kind of screening they would like to see, if any.
The Chair asked the applicants if they would object to screening. Mr. Carroll said that they do not object to
the screening but they feel the fence will not hold the debris from the water runoff and from the field as the
existing chain link fence will let it through. Commissioner Jemiola stated that he is in favor of waiving the
screening requirement.
Commissioner Jemiola asked about the location of the dumpster. Mr. Carroll said that it is easily accessible
when they come in the yard to dump their materials as well as for the trash company when collecting the
trash.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Kevin Ross, Mayor of Eaton, 1500 Falcon Ridge Road, Eaton, Colorado said that he sees no negative
aspects of this property affecting the Town of Eaton. He believes it is an excellent use of the property and
he is in support of this USR.
Commissioner Jemiola asked Mr. Ross if he had an opinion of waiving the screening requirement or the
screening of the dumpster on site. Mr. Ross said that he believes that not having it would help with security
and doesn't have a concern with no screening.
Cory Houchin, 912 Messara Drive, Fort Collins, Colorado, stated that he is the property owner to the
east of the applicant's property. He expressed concern regarding the water mitigation from the site. He
said that the prior actions on this property modified the historical water flows and since that activity it has
pushed water from the applicant's property east onto his property and flooding his basement three times in
the last two years. He added that he has seen the engineer report and wants to ensure that the installation
of the drainage culvert is up to the engineering specifications that were provided.
Commissioner Jemiola asked if he had any issues with the screening of the property or the dumpster
outside of the fence. Mr. Houchin said that he doesn't have a problem with it left the way it is now and
recommended waiving the screening concern.
Commissioner Cope referred to his comment that the previous owners adjusted the site and asked how it
was adjusted. Mr. Houchin said that Mr. Carroll purchased the property and backfilled the property to
support the steel building he constructed and by doing that it essentially disrupted the historical flow. Prior
to that activity water that would flow onto that property would build up and flow to the west neighbor and
consequently had a larger pool of water.
Mr. Cope asked if the proposed drainage by the applicant will help resolve the issue. Mr. Houchin said that
it will help but whether or not it will mitigate the flooding he doesn't know and wants to make sure that staff
will validate that the installation is up to the standards the engineer has designed.
Commissioner Johnson suggested the possibility of a berm to act as a barrier. Mr. Houchin said that the
water issue is a result of water runoff from the City of Thornton's property to the north of the applicant's and
his property. He understands that when that field is saturated it flows into the barrow pits of the County and
then when it gets overwhelmed it flows over County Road 80 and then onto the applicant's property and
onto surrounding neighbors.
Rod Weimer, 1451 Prairie Hawk Road, Eaton, Colorado, stated that he managers the farm for
Fagerburg Produce and they farm the City of Thornton farm north of the site. The water comes off the farm
and also from the streets in Ault and then runs into their lateral ditch, in which it then overflows. He doesn't
see how to get rid of the water without trying to exit it on the north side of County Road 80. Every time it
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has rained Mr. Carroll is on site working the pump and has done a good job of trying to help with the
drainage.
Commissioner Stifle recalled trying to mitigate that three years ago to go west. Mr. Weimer said that they
tried but it didn't work. He said that every year they clean their pits so that it holds more water and added
that they have a dyke to try to hold the water so it doesn't flood the neighbor.
Commissioner Jemola asked Mr. Weimer if he had any concerns with having their screening waived. Mr.
Weimer said that they have no concerns with their property the way it is.
Michael Myers,17084 CR 80, stated that he lives west of the subject property. He has seen the field
across the road flood several times and added that the property to the east of the Carroll's have always
come close to flooding. In the process of when Mr. Carroll built up his property to construct his building it
diminished the amount of water that was held on the property. He added that it used to flood all the way
up to one foot away from his door but since then he only has one inch of water in his garage. Mr. Myers
stated that the problem with the flooding from the field to the north is that County Road 80 is low and added
that the barrow ditch on the north side of County Road 80 doesn't go anywhere as on the west end County
Road 35 blocks it and at the east end Highway 85 blocks it. He suggested that culverts be installed at
these ends so that water can continue to flow.
Commissioner Jemiola asked Mr. Myers if he had any concerns with waiving the screening requirement.
Mr. Myers said that he has no concerns.
Commissioner Stille asked staff why there are no culverts on either end of County Road 80. Mr. Pinkham
said that he would talk with their crews and see if that would be appropriate for those locations.
Commissioner Cope asked the applicant to explain the pump and drainage on site. Mr. Carroll
provided a brief explanation on how he intends to control the stormwater and drainage on site. He added
that the pump is designed that he cannot leave the water on site for more than 24 hours. It is not designed
to pump when the water is flowing onto the property but rather after the water has stopped. Mr. Carroll
said that this has become his problem but he can't control the water by himself.
Commissioner Jemiola clarified if the applicant is requesting allowance for the dumpster to be located
outside of the fence for accessible trash collection and to have the screening waived for security and debris
issues. Mr. Carroll replied that was correct.
Mr. Ogle stated that Condition of Approval 1.C.4 reads that the applicant shall delineate the trash collection
areas; therefore, the dumpster will be delineated on the map and will not require screening if Condition of
Approval 1.C.5 is removed regarding the screening requirement.
Motion: Remove Condition of Approval 1.C.5 regarding the screening requirement, Moved by Jordan
Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
Mr. Ogle referred to Development Standard 3 regarding the hours of operation and suggested that it be
amended since the applicant stated that he performs work on a contract basis for municipalities. He
recommended adding the following language "or in case of municipal emergency".
Motion: Amend Development Standard 3 as stated by staff, Moved by Tom Cope, Seconded by Bruce
Johnson. Motion carried unanimously.
Motion: Renumber the development standards accordingly from Development Standard 14, Moved by
Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously.
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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 USR17-0041 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
Commissioner Johnson said that the County Commissioners and the Weld County Engineers should take
a look at County Road 80 and see if there isn't some way that they can become part of a good neighbor
activity going on out there.
Commissioner Sparrow echoed Commissioner Johnson's comments.
Commissioner Jemiola echoed Commissioner Johnson's comments that the County work with the
applicants and their neighbors to resolve some of these flooding issues.
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 2:08 pm.
Respectfully submitted,
66r+c. �rw(em.
Kristine Ranslem
Secretary
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