HomeMy WebLinkAbout20171869.tiffiSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 6, 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, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Cherilyn Barringer.
Also Present: Kim Ogle, Chris Gathman, 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 May 16, 2017 Weld County Planning Commission minutes, Moved by Terry
Cross, Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR17-0020
APPLICANT: STATE OF COLORADO, C/O BONANZA CREEK ENERGY OPERATING
COMPANY, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 190 -FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX17-0006 BEING PART OF SECTION 16, T5N, R62W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 6.5 MILES NORTH OF HWY 34 AND 5 MILES WEST OF CR
89. SECTION 16 TOWNSHIP 5 NORTH RANGE 62 WEST OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
• Diana Aungst, Planning Services, presented Case USR17-0020, 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.
D. 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.
• Melissa Mayer, Bonanza Creek Energy Operating Company, LLC, 410 17th Street, Denver, Colorado
stated that it is an existing oil and gas facility and they would like to install a 190 foot communication tower
to replace the existing 100 foot communication tower.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
• Commissioner Cope said it makes sense to decommission the old tower after the new one is built.
Ms. Aungst requested an amendment to the Planning Commission Resolution by adding a Condition of
Approval which states "The applicant shall complete the vacation of USR14-0004".
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2017-1869
Ms. Mayer said that they agree to vacating the current the USR after a given period of time for
decommissioning the old tower. Ms. Aungst suggested amending the proposed language to read "The
applicant shall complete the vacation and decommissioning of USR14-0004 within six (6) months of the
completion of the new tower".
Motion: Add Condition of Approval 7 as stated by staff, Moved by Joyce Smock, Seconded by Gene
Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the Development Standards and amended
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR17-0020 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 Joyce Smock, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
CASE NUMBER: PUDZ17-0002
APPLICANT: PANORAMA ESTATES LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT PUD (PLANNED UNIT DEVELOPMENT) FOR 26 RESIDENTIAL
LOTS WITH ESTATE ZONE USES ALONG WITH 3.79 ACRES OF OPEN SPACE
AND THREE (3) OUTLOTS.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025; LOCATED IN PART N2SE4 SECTION 8,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17 AND APPROXIMATELY 1,250 FEET
NORTH OF CR 22.
Chris Gathman, Planning Services, presented Case PUDZ17-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicants are proposing some lots smaller than the
required 2.5 acre minimum lot size and are therefore requesting a waiver. Additionally, the applicant is
requesting a waiver of the 15 percent common open space requirement. Mr. Gathman noted that because
this application is for more than 10 lots and this site is located in the Cooperative Planning Agreement
(CPA) between Weld County and the Town of Firestone, which includes the required 15 percent common
open space. He said that in 2014 this was brought before the Planning Commission as a 16 lot PUD and
now the applicants have come back in to revise the application to 26 lots. He added that based on their
proposal the map shows that the open space is 5.5 percent of the site. Because the applicants are
increasing the lots to 26 and now that the site is in Firestone's IGA (as it was not in 2014), Staff is not in
support of the open space waiver request and recommends that the PUD be designed to include 15 percent
common open space.
Mr. Gathman said that the applicant is proposing Outlots B and C in the corner of the proposed development
where there is an adjacent Recorded Exemption lot and in discussions with the applicant they are wishing
to provide a method for the property owner, who is not part of this PUD application, to be able to access
the internal roadway for Panorama Estates. Staff has concerns with future development of the lot not in
the PUD and potential increase in traffic and how road maintenance would be addressed. Therefore, Staff
is not in support of this request and recommends that Outlot B and C not be indicated on the Final Plan
Map.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Cope clarified that they are reviewing the Change of Zone but they will not see the Final
Plan of this PUD. Mr. Gathman said that was correct and added that the Final Plan would be an
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administrative process or if the Board of County Commissioners determines that it is a conceptual plan,
then the Final Plan would be heard by the Board of County Commissioners.
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. Ms.
Light noted that a Plat Note regarding water was included in their referral; however, it was inadvertently left
off of the staff report. She recommended adding the Plat Note "Water Service may be obtained from Central
Weld County Water District".
Sheri Lockman, 36509 CR 41, Eaton, Colorado, stated that it was presented as a 16 lot subdivision
in 2014. The property has changed ownership and they are requesting 26 lots. The 16 lot subdivision was
approved by the Planning Commission with open space consisting of 1.16 acre pond and .02 acres
surrounding the mailboxes. She added that in their new plan they have added 2.63 acres of open space
at the west end of the property.
Tommy Raye, 9075 CR 10, stated that he is one of the owners of Panorama Estates. He said that the
reason they are asking for the waiver is because they wonder who will use that open space. The average
lot size is a little over 2 acres and some as much as 5 acres. He added that they thought a lot about open
space and said that everyone will have their own open space within their own property. Mr. Raye said that
they would agree to the 5.5 percent open space as it is a fairly urban area and doesn't believe the
homeowners will want the required open space.
Mr. Raye referred to the proposed Outlots B and C and said that it is proposed to allow potential future
access onto the neighbor to south. He added that the neighbor approached them and requested if he could
get future access to the PUD.
Craig Owen, 7751 CR 22, stated that he owns 75 acres directly south of this development as well as
the 3.5 acre lot by the proposed outlots. He said that it seems it is an opportunity to keep an improved
access open to what the future may hold.
Commissioner Jemiola asked if staff spoke to Firestone and Frederick regarding the CPA and the required
15 percent open space. Mr. Gathman said that the 15 percent is a county requirement. He added that
Firestone had no concerns with the proposed development.
Commissioner Sparrow wished to clarify that the applicants will allow Mr. Owen to possibly have access if
he joins the HOA in the future. Mr. Raye replied yes.
Commissioner Stille asked why staff is requiring 15 percent open space. Mr. Gathman said staff didn't feel
it was appropriate to waive that requirement as they are adding 10 additional lots from the original 16 lot
subdivision proposal and although Firestone didn't comment on it, this site is located within the Cooperative
Planning Agreement between Weld County and Firestone. Mr. Stille said that the applicant has a good
argument and feels that each lot has enough open space on their property.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Penny Anderson, 7400 Elm Street, stated that she lives at the end of the proposed development. She
asked what kind of traffic they will have on Elm Street as she is concerned with the increase of traffic.
Commissioner Wailes asked to clarify if this street will be used since it is an oil and gas access. Mr.
Gathman said that the applicant had referred to the Fire District referral and said it doesn't refer to that
street but to fire hydrant locations. He added that the main access to the site is from County Road 17.
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• Mindy Sprague, 10732 CR 17, said that she will be directly impacted by the increase of traffic. She
understands change but is concerned with the increase of traffic.
• Rashelle Sader Richardson, 10879 CR 17, stated that her property abuts the development to the
south. She is concerned with the road dust and traffic.
• Mr. Raye said that there are 145 daily round trips projected for this development. He said that there
are trigger points in the Improvements Agreement when it warrants paving. He said it is anticipated that
they will use magnesium chloride or some dust control on the road.
Mr. Raye said that all of the traffic is to go out to County Road 17 and they are not supposed to utilize the
oil and gas road to Elm Street.
• Ms. Light reminded the Planning Commission on the Plat Note that needs to be added in the
Resolution "Water Service may be obtained from Central Weld County Water District".
Commissioner Jemiola agreed with Commissioner Stille that the applicant's argument is pretty compelling
based on the lot sizes proposed. He understands the code requirement and said that perhaps a middle
ground could be reached.
Motion: Add Plat Note as recommended by staff, Moved by Commissioner Cope, Seconded by Gene
Stille. Motion carried unanimously.
Commissioner Wailes commented that 15 percent seems a little excessive for this size of development and
believes that 10 percent is fair as it provides option for homeowners in the future.
Commissioner Cross agreed with the 5.5 percent open space requirement.
Commissioner Cope agreed and said that the HOA maintains the open space and is concerned about
maintaining the open space by adding more acres.
Motion: Amend Plat Note 1.D.3 to 6% open space requirement, Moved by Jordan Jemiola, Seconded by
Gene Stille.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom Cope.
No: Bruce Sparrow, Michael Wailes.
The Chair asked for discussion on the proposed Outlots and access to the neighbor to the south. Bob
Choate, County Attorney, referred to Plat Note 1.D.4. regarding access and reminded the Planning
Commission that in order to include a new lot into the boundaries of the PUD, in the future it would require
the approval of 100 percent of the landowners within the PUD. Commissioner Stille said it seems
reasonable to add Outlot B and C by allowing access to the landowner to the south. Mr. Choate provided
amended language to Plat Note 1.D.4 "Outlots B and C are designated for access purposes only. All
accesses shall be granted at the discretion of the Homeowners Association".
Motion: Amend Plat Note 1.D.4 as stated by Staff, Moved by Gene Stille, Seconded by Jordan Jemiola.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
No: Bruce Sparrow.
The Chair asked the applicant if they have read through the amended Conditions of Approval and Plat
notes and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ17-0002 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
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Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
The Chair called a recess at 2:04 pm and reconvened the hearing at 2:20 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ17-0001
SANDRA LOEFFLER, C/O JO TEMMER
DIANA AUNGST
CHANGE OF ZONE FROM THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
PART E2SW4 SECTION 29, T6N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO O STREET AND APPROXIMATELY 850 FEET
EAST OF HWY 85.
D. Diana Aungst, Planning Services, presented Case COZ17-0001, 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 said that the agricultural zone seems too intense for this area. He asked if there is
no Use by Special Review that allows for a residence or keeping of livestock. Ms. Aungst said that the
Weld County Code only allows a caretaker's residence which would go through the Site Plan Review
process. She added that livestock is not allowed in a Commercial Zone District.
Commissioner Wailes asked when it was changed to C-3 from Agriculture. Ms. Aungst believed it was
done around 1961. She added that when it was rezoned it was assumed that this entire area would develop
because of the location of the two heavily traveled roads. However, this particular house has been occupied
as a dwelling and the barn has housed animals.
• 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.
• Jo Temmer, 621 O Street, stated that this house was originally constructed in 1904. The barn was
built in 1880; however, in November it caught fire and they lost all their animals. She asked that they be
allowed to stay.
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 Conditions of Approval and Plat Notes and if
they are in agreement with those. The applicant replied that they are in agreement.
• Commissioner Cope said that ideally it should be zoned commercial but historically it has been a
residential place with agriculture uses and believes it should remain that way. He added that unfortunately
in the future if someone wants to have a commercial business they will need to go through a Change of
Zone process.
Motion: Forward Case COZ17-0001 to the Board of County Commissioners along with the Conditions of
Approval and Plat Notes with the Planning Commission's recommendation of approval, Moved by Michael
Wailes, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
CASE NUMBER: 1MJUSR17-05-1470
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APPLICANT: JOSE & NATALIA MARTINEZ
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO USE
BY SPECIAL REVIEW PERMIT NO. USR-1470 (STORAGE OF VEHICLES AND
EQUIPMENT, ALONG WITH EMPLOYEE PARKING ASSOCIATED WITH A
LANDSCAPING BUSINESS) TO EXTEND PARKING AND STORAGE OF WORK
VEHICLES, MOWERS, WEEDERS, ET CETERA ASSOCIATED WITH THE
LANDSCAPING BUSINESS ONTO AN ADJACENT PROPERTY AND TO ALLOW
ONE (1) SINGLE-FAMILY DWELLING UNIT (SECOND DWELLING UNIT) PER
LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4 SECTION 19, T3N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 630 FEET EAST OF CR 1 AND APPROXIMATELY 2,100
FEET NORTH OF STATE HIGHWAY 66.
• Chris Gathman, Planning Services, presented Case 1MJUSR17-05-1470, reading the
recommendation and comments into the record. One (1) letter from a surrounding property owner and one
(1) telephone call were received expressing concerns with traffic, trash blowing on the property and
increased traffic from the business. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mr. Gathman noted that some development standards were inadvertently left off of the staff report and
requested that they be added. Mr. Gathman also noted that there is a structure along the property
boundary which does not have building permits. It appears that this building is closer than the required
three-foot setback; therefore the applicants will need to obtain a variance from the Board of Adjustment or
remove the building.
Commissioner Jemiola asked if the applicant is the same owner when the original USR-1470 was approved.
Mr. Gathman replied yes.
0. 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 requested that the development standards they
included in their referral be added.
• Jose and Natalia Martinez, 15002 Singletree Drive, Mead, Colorado, requested to use the property to
store their equipment for landscaping.
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 Staff for their requested additions to the Conditions of Approval and Development
Standards. Mr. Gathman requested adding Condition of Approval 1.E.8 which shall read "The map shall
delineate the landscaping and/or screening. The site shall be screened by an opaque fence or by a
combination of an opaque fence and landscaping".
Additionally, Mr. Gathman requested that the following Development Standards be included for Public
Health and Environment "Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and
the Environmental Protection Agency" and "All potentially hazardous chemicals must be handled in a safe
manner in accordance with product labeling. All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations".
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Mr. Gathman requested that the following Development Standard be included for the Department of
Planning Services "The landscape/screening on the site shall be maintained".
Motion: Add Condition of Approval 1.E.8 and Development Standards as requested by Staff, Moved by
Tom Cope, Seconded by Terry Cross. 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 1 MJUSR17-05-1470 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 Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
Commissioner Cope cautioned the applicants and said that it seems there are a lot of things that have not
been completed over the years and to make sure that they are completed to maintain this USR permit.
Commissioner Wailes echoed Mr. Cope's comments.
Commissioner Jemiola also echoed Mr. Waile's and Mr. Cope's comments.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0016
1/NAN, LLC
KIM OGLE
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 C-1 NEIGHBORHOOD
COMMERCIAL OR I-1 AND I-2, INDUSTRIAL ZONE DISTRICTS (RV AND BOAT
STORAGE, A DUMP STATION, ENCLOSED SELF -STORAGE AND THE
PARKING AND STAGING OF TRASH CONTAINERS, ROLL OFFS, AND
VEHICLES AND/OR EQUIPMENT TO PICK UP AND DELIVER SAME AND
FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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 REC EXEMPT RECX16-0076; PART SE4 SECTION 33, TIN, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 0.5 MILES EAST OF
CR 17
• Kim Ogle, Planning Services, presented Case USR17-0016, reading the recommendation and
comments into the record. Mr. Ogle noted that eight (8) letters of opposition were received outlining
concerns that the business is not an agricultural use, impact of property values, potential eye sore,
increased traffic, traffic safety, nuisance from vermin and debris, not compliant with current land use, and
the potential for crime. The Department of Planning Services recommends denial of this application.
Should the Planning Commission recommend approval of this application, the Department of Planning
Services recommends that the conditions of approval and development standards be attached. Mr. Ogle
provided a memo which requested changes to the Planning Commission Resolution.
• 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.
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Ralph Walker, 9896 Rosemont Avenue, Lone Tree, Colorado, stated that County Road 2 is a major
arterial roadway. He added that this land has not been farmed for many, many years and has three oil and
gas facilities on it as well as a major easement that goes through the property diagonally which restricts
and limits farming opportunities. Mr. Walker said that they have proposed acceleration and deceleration
lanes, if required by Adams County.
Mr. Walker said that they intend to make significant landscape improvements with berming and trees, native
grasses and bushes that will screen the property from the street. The land slopes away from the street so
with the landscaping it will be blocked from the street. He said that the roll off boxes will be emptied before
being brought to the site so there won't be anything to attract rodents.
Mr. Walker said that the neighbor meeting had a lot of talk about bringing crime. He added that they will
have security cameras and an on -site security manager. He added that they are not attracting crime and
hope to be an asset to the neighborhood. Additionally, he suggested having neighborhood meetings every
6 months just to have an open communication and address any concerns that they may have.
Commissioner Jemiola asked the applicant how many employees will access the site. Carl Wiscombe
stated that the roll off business will have 4 on site employees. He added that they anticipate the similar
number with the other flex buildings. Mr. Jemiola clarified if there would be no more than 20 employees for
the site. Mr. Wiscombe said that they wouldn't anticipate any more than 20 employees for the site.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Robert Morelli, 305 CR 19, stated that he lives across from the Brighton Storage facility currently, which
has 400 to 600 recreational and commercial vehicles and trailers in storage. He is concerned with having
an additional storage facility behind them as it would seal their fate as far as their plans for their family. He
added that they have two grown children that would like to build their residences on their property.
Additionally, he is concerned with the traffic and crime.
Sheila Morelli said that another storage facility was just approved on County Road 17 and County Road 6
and it seems that this area is being turned into a commercial and industrial area. Ms. Morelli said that over
the past six months the roll offs have increased steadily to 20 roll off containers.
• Sarah Knels, 8295 CR 2, stated that she lives directly west of this site. She said that there are three
facilities within one mile of this proposed facility. Ms. Knels stated that she is concerned with crime rates.
fr David Campbell, 8219 CR 2, expressed concern regarding the decrease of property values and traffic.
He said that this facility is not compatible for this location.
• Bill Wycoff, 333 CR 17, presented pictures of the surrounding homes in the area. He said that this
business is inappropriate and incompatible with the surrounding community.
• Stephen Neal, 9965 E 115th, Thornton, Colorado, stated that he owns land in the area and added that
he plans to build on one lot and his daughter will build on another lot. He said it is an inappropriate place
for this business.
• Mike McDonoll, 619 CR 19, Brighton, Colorado, stated that he just purchased five (5) acres in the
area and is building his custom home. He bought the property for the rural setting and the quiet. He doesn't
believe this business is a good fit and added that it will affect his views and property values.
Shirley Amerin, PO Box 784, Eastlake, Colorado, stated that she purchased her property five (5)
years and hasn't built her home yet as through the process they were notified that the shutting down of the
fracking wells impacted their water wells and therefore they have been in mitigation with the Colorado Oil
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and Gas Commissions. Additionally, she attended a neighborhood meeting about a proposed gas plant in
close proximity. She expressed concern with all of the commercial business activity in the area and said
that her investment is a loss as she won't be able to sell her property. She added that she is also concerned
with the increase in traffic and traffic safety.
The Chair called a recess at 4:05 p.m. and reconvened the hearing at 4:20 pm.
Commissioner Smock asked staff when the nearest storage facility was built. Mr. Ogle replied that it
was permitted in 2012.
Mr. Walker said that they are not responsible for all the growth in Weld County. Mr. Walker said that they
will fencing and landscaping surrounding the perimeter of the facility. He added that the remaining property
will be developed as a tree farm or some other use as it cannot be used as farmland.
Commissioner Jemiola asked the applicant to describe the proposed landscaping. Mr. Walker said that
they will landscape and fence the back part of their property. He said that there is currently a berm that is
20 feet tall and they plan to have landscaping and make it attractive.
Commissioner Smock asked the applicant how long they have owned the property. Mr. Walker said that
they have owned it approximately one year and purchased the roll off company in September.
• The Chair asked if Staff had any changes to the Resolution. Mr. Ogle provided a memorandum and
requested to remove the first three (3) paragraphs under Section 22-2-20.G.7 as well as Development
Standard 9.
Motion: Delete Development Standard 9, Moved by Tom Cope, Seconded by Terry Cross. Motion
carried unanimously.
Mr. Ogle noted that when he initially reviewed the map, it appeared that Dacono's Cooperative Planning
Agreement went down to County Road 2 as well as their Comprehensive Plan; however, Mr. Ogle clarified
that it does not and requested that this language be removed.
Motion: Delete language provided by Staff in Section 22-2-20.G.7 of the Resolution, Moved by Tom Cope,
Seconded by Joyce Smock. 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.
• Commissioner Cope said that instead of allowing these special use permits on agricultural zoned
property we should request rezoning because that is what they are trying to do in this area.
Commissioner Jemiola agreed and would like to see more Change of Zone requests with specific uses. He
said that the applicant indicated that they would not have more than 20 employees on site and asked the
Planning Commission to consider adding a development standard limiting the number of employees. Mr.
Ogle said that the flex office buildings are separate from the applicant's employees, therefore they do not
know the number of employees. Mr. Jemiola said that he would like to specifically how many employees
will be on site as it affects the traffic and noise impacts on the site.
Carl Wiscombe said the answer is undefined at this point as staff pointed out. He added that there are no
candidates identified for those four flex offices; however they anticipate it will be similar to Western Rolloff.
Mr. Wiscombe said that currently Western Rolloff has three employees.
• Motion: Forward Case USR17-0016 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with Planning Commission's recommendation of
approval, Moved by Michael Wailes. He cited Section 23-2-220.A.4 which speaks if the surrounding area
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is compatible with future development and believes that it will be compatible with future development.
Motion failed.
Motion: Forward Case USR17-0016 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 Gene Stille, Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom Cope.
No: Michael Wailes.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0012
FARMERS RES & IRRIGATION COMPANY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES INCLUDING PUBLIC
OR COMMERCIAL CAMPING (150 SEASONAL CAMPING SITES) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PART OF SECTIONS 4, 9, 10, 11, 14, 15, 22 AND 23, ALL IN T3N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 180 FEET WEST OF CR 47, APPROXIMATELY 360 FEET
EAST OF THE INTERSECTION OF COUNTY ROAD 32 AND COUNTY ROAD 43
AND APPROXIMATELY 1,150 FEET NORTH OF CR 30.
• Chris Gathman, Planning Services, presented Case USR17-0012, reading the recommendation and
comments into the record. Mr. Gathman noted that a number of letters were received both in support of
and in opposition of the project. Some of the concerns in the letters were in regard to opposition to
accessing the site through the Pelican Lakes Subdivision, access through REI LLC is not allowed unless
an easement agreement is reached by both parties for its use, access to the property owned by Beebe
Draw is not allowed, traffic, noise, potential impacts to wildlife, not have an onsite employee/manager, and
potential trespassing. 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.
• Derek Sowell, 1011 37th Avenue Court, Greeley, Colorado, said that there is huge growth of the
expansion of the city and loss of agricultural land. In 2016 they were awarded the bid for using the lake for
recreational uses. He added that they are proposing fishing, water skiing, paddle boarding, water sports,
children activities and nature exploration and camping. Mr. Sowell provided photos and a video to show
the Planning Commission of the clean-up and changes they made to the Milton Reservoir.
Mr. Sowell said that they hosted a neighborhood meeting. He said that the concerns were traffic, noise and
construction. He said that they take protection of their wildlife very seriously and intend to plant natural
grasses and milo/millet corn and attract that wildlife. He added that they have invested in an extensive
Environmental Assessment to ensure that their activities will not impact any of the species on the property.
Commissioner Wailes asked about the terms of the lease. Mr. Sowell replied that they have a 10 year
lease.
Commissioner Smock asked where all the water comes from. Scott Edgar, General Manager of Farmer's
Reservoir and Irrigation Company (FRICO), said that there are a number of terms in the lease that FRICO
could revoke the lease from Haven Sporting Club. Mr. Edgar replied to Ms. Smock's inquiry and said that
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FRICO owns 400 miles of canals and four large reservoirs in this part of the State. He added that the Milton
Reservoir has a 1909 priority right to fill the lake and another for direct irrigation out of the lake.
Commissioner Sparrow clarified if agriculture has the priority. Mr. Edgar replied yes.
Mr. Edgar said that they divert the water from the South Platte River just north of Ft. Lupton and is a 22
mile canal.
The Chair called a recess at 5:46 pm and reconvened the hearing at 6:00 pm.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Jeff Strizich, 8598 North Pioneer Trail Road, Parker Colorado, spoke in support of the application and said
that he enjoys the hunting, fishing, camping and outdoor activities and wants to expose his family to these
activities as well.
D. Chad Buxbaum, 17879 Frontier Road, Mead, Colorado, stated that he is a member of Haven. He
said that the amount of people moving into Colorado is incredible. He said that he invested into Haven so
that he knows he has a place to go to for outdoor activities rather than having to make reservations at
another location. He added that that he helped clean up the trash and debris on site.
• John Stewart, 16479 Burghley Court, Platteville, Colorado, stated that he has a beautiful view of the
lake from his residence and is also a member of Haven. He added that when he is at the lake he can hardly
see any houses from the subdivisions. He said that if this permit isn't approved and camping is not allowed
then Mr. Sowell would have no choice but to try and do some day camping and added that he can't imagine
the people going in and out and all the trash that would be generated.
• Jane Evans Cornelius, 1800 CR 43, LaSalle, Colorado, stated that she provided an objection letter
for the record. She is a landowner near the subject site and said that they have a cattle operation where
they ship bull semen all over the world. She added that the irresponsibility and poor business practices of
Haven have jeopardized their export permits. She said that they sublet land for cow grazing which came
through their fences and asked that the cattle be removed. She expressed concern regarding the threat
for wild fire from the camp sites and people trespassing her property to access the site.
• Karrie Green, 15114 CR 47, LaSalle, Colorado, stated that she enjoys the view of the lake and added
that she is also a member of Haven.
' Andrew Capra, 53625 ? Street, Aurora, Colorado, echoed many of the comments about the clean up
of the property. He added that he has helped with the clean-up improvements to the facility. He said that
there are not enough public lakes available for the amount of population that has grown. This facility gives
them the ability to camp and have this lifestyle.
• Lonnie Ford, 16299 CR 49, LaSalle, Colorado, stated that one of the facility's main access points
crosses his land. He said it is a great deal for camping and the applicants have made great improvements.
He added that without cell service he is concerned with how that affects fire response. Mr. Ford said that
he would have appreciated the applicants talking to him about access to the site from his land. He
expressed concern with congestion of traffic and drinking.
" Dianne Norgren, 14588 CR 43, stated that she lives on the west side of Milton Reservoir. She said
one of the access points to the facility is at County Roads 32 and 43 and that is against their north fence
line and they do have cattle. She added that it is a very narrow fence line as far as the entryway and she
said that they have had to repair that fence on a quarterly basis because people cannot make that turn.
Mr. Nogren said that Mr. Sowell stated this access would not be used except during the fall for hunting
purposes; however she expressed concern with ATV use along their fence line to the north, traffic, trash,
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fence maintenance, hunting dogs, and fire. She said that there needs to be safeguards in place for these
uses.
Tammy Arnold, stated that she is speaking for her grandparents, Bill and Marge Frank, 14782 CR 43.
She said that they have cattle and is concerned how their rights to agricultural land are impacted. She
expressed concern about fire and asked who to contact for emergency services. She is also concerned
with traffic and going excessive speeds (especially at the intersection of County Roads 32 and 43), firearm
use on the property, noise and music from the boats.
Lavada Sarchet, 21581 CR 30, stated that she lives south on the very edge of Milton Reservoir and
owns 120 acres. She is concerned with how they will put 150 campsites there as the lake is not big enough
to support that. She is also afraid the wildlife will disappear.
Christine Hethcock, Developer for Pelican Lake Ranch, said that they are concerned with the fences
that will be needed to ensure that the Haven Sporting Club does not trespass onto the Bebee Draw Farms
Authority property, which is the Pelican Lake Ranch open space. Ms. Hethcock said it is a significant impact
with having up to 1000 people there on a holiday in a small area. She said that water quality is a concern
with Milton Reservoir as up until recently there was too high a pH for human contact and they were not able
to do any swimming for health and safety issues and said the water should be tested on a regular basis.
Additionally, she said she was told that there would be an onsite manager; however in the application they
are not going to offer any onsite management.
Bill Caldwell, 16497 South Ladyard Road S, Platteville, Colorado, stated that he is a member of the
Pelican Lakes Ranch and said that he enjoys the eagles, raptors, redtail hawks and the pelicans out there.
He said that the past 30 years there has been a 5 horsepower restriction on the lake. He expressed concern
and wants to ensure that the wildlife are taken care of and not forced out of their homes.
Carl Pellatz, 16503 Badminton Road, stated that he lives in the Pelican Lake Ranch area. He said
that he is concerned with increasing the public entrance into an oil and gas operations area and asked if
they are adequately protected and what safety precautions will they have. Consideration should be given
that ties the findings of the Environmental Assessment done previously for Beebe Draw for use of Milton
Reservoir to this camping USR.
Mr. Sowell understands the concern for fire safety as he was a volunteer firefighter and they have fire
safety rules that the campers will need to be compliant with.
Mr. Sowell referred to the comments of cows getting out and said that when they cleaned up the property
the fences were in bad shape and they have replaced seven (7) miles of fence line.
Mr. Sowell said that traffic was a concern and said that he has installed cameras on every gate and added
that they tracked every gate and it averaged six (6) guests per day. They have a traffic report over the
busiest weekend (Memorial Weekend) and broke it out for guest traffic and oil and gas traffic. The average
guest traffic was 20.57 vehicles and the average oil and gas daily traffic was 20.42 vehicles per day.
He said that the lake is tested twice per month for water quality.
Commissioner Jemiola asked if boy scouts and girl scouts are members. Mr. Sowell said that they have
private memberships but added that they would like to have nature courses out there for those groups.
Mr. Edgar said that FRICO spends about $70,000 per year on a water quality program. He added that the
5 horsepower restriction was from a previous lease and FRICO imposed for that tenant. After that lease
expired they evaluated if there were better and higher uses for the property so they put out those proposals
and Haven was awarded that proposal.
Mr. Sowell added that every time their members go in and out they are required to have their boat inspected.
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Commissioner Cope referred to Development Standards 4, 5 and 6 and asked how he will he will control
separation of one-half mile in the event there are breeding pairs of animals present on site. Mr. Sowell
provided a handout on the request of removing Development Standards 4, 5 and 6. He said that the existing
traffic has not impacted the bald eagles and wildlife in the area. He said that they want to ensure the safety
of wildlife and the camping is for people to see the wildlife and nature. Mr. Edgar added that he has been
working with FRICO's Environmental Consultant on the Site Specific Assessment for the birds on the west
side of Milton Lake. He said that it is a site specific review relative to this issue by Colorado Parks and
Wildlife to determine what impact might occur from camping as part of this USR process. He added that
he expects to receive it before the Board of County Commissioner hearing in July.
Commissioner Cope asked if they are willing to not have ATVs on site. Mr. Sowell said that they could
include no ATVs for their members and added that FRICO employees utilize ATVs to get around on the
property.
Commissioner Wailes said that it is too premature for them to make a decision with regard to removing
Development Standards 4, 5 and 6. He added that he believes the Board of County Commissioners can
make a determination after receiving the environmental assessment.
Commissioner Wailes referred to Mr. Ford's access and asked if that has been resolved. Mr. Edgar said
that he has offered to purchase Mr. Ford's property on the west side of County Road 47. He added that
FRICO has operated for many, many years as if it were their property and only learned that through this
process it was not their property. He said that they are working through that process to get it resolved.
Commissioner Cope said that he would like to see a development standard prohibiting the use of
ATVs by the members. Bob Choate, County Attorney, suggested the following language "There shall be
no use of All Terrain Vehicles (ATVs) by any recreational user of the property".
Motion: Add Development Standard as stated by Staff, Moved by Tom Cope, Seconded by Jordan
Jemiola.
Commissioner Stille said that if there are boats making noise he would prefer allowing Haven to have ATVs
and regulate those activities.
Commissioner Smock agreed with Mr. Cope as there was a lot of the ranchers in the area that have had
trouble with going through fences.
Commissioner Sparrow added that the ATVs will destroy the grass on the property.
Mr. Sowell said that he currently does not allow his members to have ATVs.
The Chair called for the Vote.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, Tom Cope.
No: Bruce Sparrow, Gene Stille.
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 Cope said that he feels there is a need for this and it appears that the applicants will
operate it well. He added, however, that they want to make sure that if this operation disappears they have
the precautions in place.
Commissioner Wailes feels that it is a great idea and it will be structured in a way that will be good for
everybody. He cautioned the members of Haven that you are coming into a community that is going to be
pretty territorial about what they have, and with good right.
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Commissioner Smock commended the applicants on their great presentation. She noted that the there
were not many letters submitted from people in Weld County in favor of the project and was concerned by
this. She added that we don't want to forget the lifestyle of the ranches and property owners surrounding
this lake.
Commissioner Cross encouraged the applicants to be the good neighbor that they said they will be.
Commissioner Jemiola said that agriculture in Weld County is a priority and the farmers and ranchers are
critical to the County. He commended the applicants on the clean-up of the property.
Motion: Forward Case USR17-0012 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 carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, 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 7:55 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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