HomeMy WebLinkAbout20180309.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 5, 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 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross,
Tom Cope, Lonnie Ford.
Also Present: Kim Ogle and Chris Gathman, 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 November 21, 2017 Weld County Planning Commission Minutes, Moved by
Bruce Sparrow, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: COZ17-0006
APPLICANT: MIGUEL BENITEZ & maria Granados-Benevidez
PLANNER: Chris Gathman
REQUEST: Change of Zone Request to Rezone a property from C-2 (General Business) and R-1 (Low
Density Residential) to C-3 (Business Commercial).
LEGAL DESCRIPTION: EAST 390 FEET OF LOT 1 OF THE SW4SE4 SECTION 9, T5N, R65W of the
6th P.M., Weld County, Colorado, ACCORDING TO THE SUBDIVISION OF
LANDS BY THE UNION COLONY OF COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO E 18TH STREET AND APPROXIMATELY 930 FEET
EAST OF BALSAM AVENUE.
Chris Gathman, Planning Services, presented Case COZ17-0006, reading the recommendation
and comments into the record. Mr. Gathman noted that the existing residence is currently being lived
in and the applicants intend to continue to use it as a residence. Therefore, as a condition of approval,
staff has required that the applicant submit a Non -Conforming Use Application for the use of the
residence. 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.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on -site dust control, and the Waste Handling Plan.
Christen DePetro, 1621 10th Avenue, Greeley, Colorado, stated that she is assisting the
landowner, Miguel Benitez. She said that they are requesting to use the property for his landscaping
business and parking and storage of trucks and landscaping materials.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Brenda Barts, 1841 Birch Avenue, stated that she lives east of the site. She asked if the applicants will
do something to screen their equipment and materials from her view. She added that she is not
opposed to the business but does not want to see the business or hear the noise while she is trying to
relax in her back yard.
Ms. Gathman said that under the C-3 (Commercial) Zone District outdoor storage is allowed when
screened from public rights -of -way and adjacent properties. Therefore, through the Site Plan Review
process, staff can require screening of those items.
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 COZ17-0006 to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commissions recommendation of approval, Moved by Tom
Cope, 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.
Commissioner Johnson said that this zoning is appropriate for this neighborhood.
Commissioner Cope encouraged the applicants that at the time of development they should take into
account their neighbors view and screen their property.
D. CASE NUMBER: USR17-0054
APPLICANT: Jessica Lee, c/o Bestway Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone), and
materials processing in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot a and lot b of re -1802 and ParT NW4 all in section 19, t6n, r67w of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to State highway 392; east of and adjacent to CR 13.
Kim Ogle, Planning Services, presented Case USR17-0054, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on -site dust control, and the Waste Handling Plan. Ms. Light referred to Development Standards 12
and 13 and said that they are new and added that they have been requested by the Board of County
Commissioners for any facility that have State or Federally issued permits. It requires the operator to
notify the County of any non-compliance or revocation of any State or Federal Permits. This would
allow the County to proceed with any actions that may be needed in regard to the USR Permit.
Commissioner Cope asked for further explanation. Bob Choate, County Attorney, said that there are
specific development standards which require the operator of a USR to meet certain requirements,
such as compliance with their Air Emissions Permit. He added that we were relying on CDPHE to
notify us of any significant compliance violations and the State was not doing that. He added that we
have been trying to get the State to notify us but they havent been cooperative. Mr. Choate said it is a
notification requirement if there is a compliance advisory or other notice of noncompliance on one of
the State issued permits, the operator needs to let the County know.
Mark Johnson, Bestway Concrete and Aggregate, 301 Centennial, Milliken, Colorado and Andy
Rodriguez, Civil Resources, 323 5th Street, Frederick, Colorado. Mr. Rodriquez stated that the two (2)
gravel mines adjacent to the site are depleting their resources and near completion and added that
they would like to mine this subject property. He stated that reclamation will be brought back to
pasture and there is no water on site.
Commissioner Ford asked if access is from the old parcel to the mine or from County Road 13. Mr.
Rodriguez said it is from the old parcel and would be through the Poudre Mine off of County Road 13.
Commissioner Ford asked if they will be brining dirt into the site to backfill. Mr. Johnson replied that
they will bring dirt in.
Stille said that he is surprised Windsor hasnt encouraged this area to be water storage. Mr. Johnson
said that they have talked with the Town of Windsor and Central Weld County Water District about
making this a storage vessel as well and that remains an option.
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 USR17-0054 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Jordan Jemiola, Seconded by Tom Cope.
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: USR17-0045
APPLICANT: DENNIE KUTCHER
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for an airport/airstrip in the A
(Agricultural) Zone District
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX16-0110; PART W2NE4 SECTION 5, T6N, R63W
of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 74; approximately 0.6 miles east of CR 63.
Chris Gathman, Planning Services, presented Case USR17-0045, 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.
Dennie Kutcher, 31608 CR 74, Galeton, Colorado. Commissioner Cope referred to the closest
residence which is to the west on the north end and asked how far that residence is to the runway. Mr.
Kutcher said it is approximately 120 feet away from the runway. Mr. Kutcher said that the airstrip will
be used for his recreational use.
Commissioner Sparrow asked why this isnt a use by right. Mr. Choate said it is a defined in the terms
under Section 23-1-90 and it is clear that this use requires a USR under the County Code.
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 USR17-0045 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Bruce Johnson, Seconded by Lonnie Ford.
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.
The Chair called a recess at 1:26 pm and reconvened the hearing at 1:40 pm.
CASE NUMBER: USR17-0051
APPLICANT: andrew call and samantha griffith
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -1851; ParT SW4SW4 section 9, tin, r68w of the 6th
P.M., Weld County, Colorado.
LOCATION: APPROXIMATELY 395 FEET NORTH OF CR 10; APPROX-IMATELY 355 FEET EAST OF
CR 5.
Kim Ogle, Planning Services, presented Case USR17-0051, reading the recommendation and
comments into the record. Staff received a couple of phone calls from a surrounding neighbor
regarding this request. 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.
Andrew Call, 2101 CR 10, Erie, Colorado, stated that he has operated a landscape company for
the past 11 years and wanted to find a place that they could operate their business and reside on site.
Commissioner Ford asked if it is a shared driveway. Mr. Call said that he and his neighbor share it and
added that he maintains and takes care of the road.
Commissioner Cross asked if they will have any landscape material stored on site. Mr. Call said that
they will have some material storage such as mulch, top soil and some river rock. He added that a
typical pile is probably 10 to12 feet by 10 to 12 feet.
Commissioner Stille asked if they operate snow removal as well. Mr. Call said that they do operate a
snow removal business in the winter.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Jim Dallarosa, 2181 CR 10, stated that he lives east of this site. He said that even though they havent
moved in they have been great neighbors. He added that when his employees come they are very
quiet and respectful.
Samuel Soto, 2091 CR 10, said that his father lives next door and the shared driveway runs
through his property. Mr. Soto said that the employees have been driving slow and the applicants
have been great neighbors. The stockpile of landscape material has not been a problem for them and
they look at it directly.
Marvin Bowersox, 4260 CR 5, said that the applicants have been great neighbors and he supports
their request.
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 USR17-0051 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Tom Cope, 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.
CASE NUMBER: USR17-0052
APPLICANT: JOSE ISABEL SOTO
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY
USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -1851; PART SW4SW4 SECTION 9, T1 N, R68W of
the 6th P.M., Weld County, Colorado.
LOCATION: NORTH OF AND ADJACENT TO CR 10; APPROXIMATELY 355 FEET EAST OF CR 5.
Kim Ogle, Planning Services, presented Case USR17-0052, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on -site dust control, and the Waste Handling Plan.
Samual Soto, 2091 CR 10, stated that they operate a landscaping business with three pickup
trucks and four employees. He added that in the morning they leave and return again in the afternoon
at the end of the day. He said that they do store some compost, river rock and landscape materials.
Commissioner Johnson asked if they are competitors with their neighbors. Mr. Soto said that his
neighbors do more of lawn mowing/maintenance and snow removal and he does new builds and
construction. He added that his neighbors are great and dont have any issues with them.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Andy Call, 2101 CR 10, stated that he has spoken with the applicant and added that they are great
neighbors. He added that there is no direct competition and he has no issue with their operation.
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 USR17-0052 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Jordan Jemiola, 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.
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 2:11 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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