HomeMy WebLinkAbout20162167.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 21, 2016
OD 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, Jordan Jemiola, at 12:47 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick
Berryman, Terry Cross.
Absent: Michael Wailes, Gene Stille.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Brown, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department
of Health; Janet Lundquist, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
• Motion: Approve the June 7, 2016 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ16-0001
ANDREW HOP
CHRIS GATHMAN
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
I-1 (INDUSTRIAL) ZONE DISTRICT.
PART OF THE E2SW4 OF SECTION 13, T5N, R65W AND LOT B REC EXEMPT
RE -4040; BEING PART N2SE4 SECTION 13, T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO HIGHWAY 34 AND WEST OF AND ADJACENT
TO WELD COUNTY PARKWAY (CR 49).
Chris Gathman, Planning Services, presented Case COZ16-0001, reading the recommendation and
comments into the record. Mr. Gathman noted that there are existing residences and dairy facilities on
both properties to be rezoned; therefore they have submitted non -conforming land uses for the residences
and dairy operations as they are not allowed in the Industrial Zone District.
Mr. Gathman noted that as a result from the Town of Kerseys' referral comments, the applicants have
amended their request to change the zoning to the I-1 Zone District. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Commissioner Smock asked staff to provide an explanation of the differences of I-1 and 1-3 Zoning. Mr.
Gathman said that the 1-3 Zone District is the highest intensity use allowed in the Industrial Zone District.
He added that the uses by right are similar; however in the I-1 Zone District additional screening may be
required.
• Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Hayley Brown, 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.
DD Tim Naylor, AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, Colorado, stated that he
represents the applicants in this case. The applicants are requesting a change of zone to the I-1 Zone
District. The difference between the 1-3 and I-1 Zone Districts is that 1-3 allows for more intense outdoor
storage. He added that the Town of Kersey has requested that it be changed to I-1 as it is the gateway into
their town and wanted to minimize the outdoor industrial storage.
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Mr. Naylor said that the site is an existing dairy and added that the applicants want to create land that is
more marketable.
Mr. Gathman pointed out that Oil and Gas Support and Service Facilities would require Use by Special
Review approval under I-1 Industrial Zoning while it is a use by right under 1-3 Industrial Zoning.
Commissioner Smock referred to removing the outdoor storage by changing it to the I-1 Zone District and
asked if it will now be stored inside. Mr. Naylor said that the outdoor storage is required to be sufficiently
screened or stored indoors. He referred to Highway 34 around this site and added that the Town of Kersey
was willing to allow the storage of up to 10 oil drill rigs that are not in use currently. He added that it is the
outdoor storage they do not want; however they understand that this was an emergency situation where
Weld County needs to accommodate the decrease in the oil and gas activity.
Commissioner Berryman asked what the current zoning is for the area with the drill rigs. Mr. Naylor
indicated it is a PUD.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Christian Morgan, Town Manager of Kersey, stated that he met with Mr. Naylor and had discussions about
the 1-3 zoning proposal they were initially seeking. He added that this area is a gateway to Kersey and
added that it is an important piece to their town. There are multiple adjacent users there that will have
different uses with their own property that wouldn't be consistent with an 1-3 zoning. He added that it is the
goal of the Town of Kersey to ultimately provide utility service to that area. Mr. Morgan noted that the oil
rigs along Highway 34 is a temporary use only and added that they are very sensitive to the issues oil and
gas has had. Mr. Morgan further added that the Town of Kersey would like a pre -annexation agreement
with the applicants.
Commissioner Jemiola asked if this change of zone is consistent with their future Comprehensive Plan. Mr.
Morgan replied yes and added that they have just updated their Comprehensive Plan.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ16-0001 to the Board of County Commissioners along with the Conditions
of Approval with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford,
Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR16-0013
TERRY & ROBERTA VIDER
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 AND INDUSTRIAL
ZONE DISTRICTS (BUILD GATES AND FENCES) 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 A REC EXEMPT RECX15-0028; PART W2NE4 SECTION 28, T5N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 54 AND APPROXIMATELY 0.33 MILES
WEST OF CR 43.
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Diana Aungst, Planning Services, presented Case USR16-0013, 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.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
" Hayley Brown, Engineering, reported on the drainage conditions and internal traffic pattern for the
site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Terry Vider, 20504 CR 54, said he will build metal fences and gates for dairy operations. The outdoor
storage will be very minimal since it is in a floodplain. He added that this use doesn't create any waste or
generate any traffic.
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 USR16-0013 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 Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR14-0080
R 14-0080
WASTE MANAGEMENT OF COLORADO INC.
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (SOLIDS
TREATMENT AND BENEFICIAL REUSE OF COMMERCIAL EXPLORATION
AND PRODUCTION WASTE AND OTHER APPROPRIATE NON -HAZARDOUS
WASTE STREAMS INCLUDING CEMENTS AND OTHER NON -HAZARDOUS
SOLID WASTE WITH FREE WATER OR LIQUIDS, OIL WATER SLURRIES,
HIGH OIL CONTENT SLURRIES, PRODUCED WATER/FLOWBACK FROM
EXPLORATION AND PRODUCTION WELLS, AND DRILLING FLUIDS (MUDS)
ALONG WITH AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD
WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) AND
OBTAIN A CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE
DISTRICT.
A PORTION OF SECTIONS 26 AND 35, T3 N, R64W AND A PORTION OF
SECTIONS 2 AND 11, T2N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
1.5 MILES NORTH OF CR 20 AND WEST OF AND ADJACENT TO CR 59
SECTION LINE.
Chris Gathman, Planning Services, presented Case USR14-0080, reading the recommendation and
comments into the record. Mr. Gathman noted that the boundary of the USR will be 1099 acres; however
the actual operations area of the facility itself will be approximately 12 acres in size. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Sparrow clarified if the number of trucks per day are 370 trucks. Ms. Lundquist said that the
traffic study indicated 424 trucks, which also includes the traffic generated for the proposed injection wells.
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Janet Lundquist, Public Works, reported on the existing traffic and access to the site. Ms. Lundquist
noted that in discussions with the applicant she had looked at potentially granting a variance for the left
deceleration lane on Market Street; however in 2012 the traffic count westbound on CR 18 was 370 vehicles
per day but then by 2015 the count had increased to 916 vehicles per day. Because of the traffic volume
combined with the traffic volume that is on the east side of Market Street, which is 829 trips per day, she is
no longer able to grant the variance they requested. She added that they discussed proportional share;
however she stated that the Board of County Commissioners can review and make that determination.
Hayley Brown, Engineering, reported on the drainage conditions and interior traffic plan for the site.
• Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
• Jason Chan, Waste Management, 11655 CR 59, Keenesburg, Colorado, stated that will receive,
process, treat, and transport for disposal or recycling of non -hazardous solid waste with free water or
liquids, high oil content slurries, produced water and flowback water from producing oil and gas wells and
drilling fluids. He added that they are in the process of permitting for two (2) injection wells on site as well.
Mr. Chan stated that they are working with the fire department to provide them water access for fire
emergencies. They provide support for oil and gas companies developing mineral rights within Weld
County and their goal is to provide a more convenient one stop option for the oil and gas industry.
The goals of this facility is to extend the life of the landfill, recover usable oils, recover water and reduce
truck traffic. The waste generated on site nearby can go directly to the Buffalo Ridge Landfill. He added
that there is no increase to truck traffic anticipated, beyond existing projections.
Mr. Chan requested that a modification be made to Condition of Approval 6.B regarding the deceleration
on County Road 18. The traffic study shows that a large majority of the traffic is related to the oil and gas
industry and added that this has been accounted for in the traffic study. Therefore they are requesting a
proportional share on the improvements because there is a lot of other non -landfill traffic not related to
Waste Management.
Commissioner Smock asked where the solid waste will be disposed of. Mr. Chan said that the solid waste
generated from the facility will be shipped directly to Buffalo Ridge Landfill. He added that the traffic would
be internalized rather than sending them back out onto the county roads.
Commissioner Sparrow said that he would like to abstain as he is Chairman of the Planning Commission
for the Town of Keenesburg.
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 USR14-0080 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 Bruce Johnson.
Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 1).
Yes: Benjamin Hansford, Bruce Johnson, Jordan Jemiola, Joyce Smock, Nick Berryman, Terry Cross.
Abstain: Bruce Sparrow.
The Chair called a recess at 2:03 pm and reconvened the hearing at 2:17 pm.
DP CASE NUMBER: PUDZ16-0001
APPLICANT: GANDER VALLEY FARMS LTD
PLANNER: DIANA AUNGST
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REQUEST:
LEGAL DESCRIPTION:
LOCATION:
A PLANNED UNIT DEVELOPMENT CHANGE OF ZONE REQUEST TO REZONE
LOT 5 GANDER VALLEY PUD FROM PLANNED UNIT DEVELOPMENT WITH
AGRICULTURAL ZONE DISTRICT USES TO PLANNED UNIT DEVELOPMENT
WITH ESTATE ZONE DISTRICT USES ALONG WITH 6.09 ACRES OF OPEN
SPACE.
LOT 5 GANDER VALLEY PUD; PART OF SECTION 4, T6N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 72 AND WEST OF AND ADJACENT TO CR
19.
Diana Aungst, Planning Services, presented Case PUDZ16-0001, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter of support for this request was received.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Hayley Brown, 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.
Jeff Couch, 3468 Shallow Pond Drive, Ft. Collins, Colorado, stated that he represents the applicants.
He said that the applicants originally developed the Gander Valley property with five lots almost 20 years
ago. He added that Lot 5 was a 40 acre lot with plans to develop it in the future when it is marketable.
Therefore this request would allow for development of single-family residential lots. He added that these
are higher end single-family residential structures on 3.18 acres with 2.6 acres as the smallest size.
Commissioner Hansford asked why they have designed such a large sign. Mr. Couch said it will be kept
at 8 feet high to comply with code and 15 foot wide. He added that they wanted to do something a little
unique to accentuate the entrance. This also allows a circle drive for the busses to come in and circle
around.
Commissioner Johnson asked if there will be two accesses or if it will be tapered to one access. Ms.
Lundquist said it will have one (1) access point that splits off outside of the right-of-way.
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 if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ16-0001 to the Board of County Commissioners along with the
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Benjamin
Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR16-0012
ROSA MELINDA CHICAS-ARRIAZA, C/O BULLDOG TRUCKING, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW IN THE AGRICULTURE ZONE DISTRICT (PARKING, STAGING AND
STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT), AS LONG AS
THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT.
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LEGAL DESCRIPTION: PART N2SW4 SECTION 35, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO "F" STREET; APPROXIMATELY 0.5 MILES
WEST OF NORTH 35TH AVENUE (CR 35).
Kim Ogle, Planning Services, presented Case USR16-0012, 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.
• Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
it Hayley Brown, 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.
David Skarka, Winters, Hellerich and Hughes, 5401 West 10th Street, Greeley, Colorado, stated that
the applicant owns 16 dump trucks that haul road -making aggregate material to construction sites. This
request is to allow the applicants to park their trucks on their property. The longest period they are parked
is during the winter months.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Patsy Drewer, 4702 West F Street, Greeley, stated that she lives immediately across F Street from the
applicants. She said that she is in support of this request and is happy to live next to this family. She added
that she was never bothered by any of their trucks or noise from the trucks.
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 USR16-0012 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 Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR16-0011
WONDER DOG PROPERTIES LLC, C/O FORGE AND FABRICATION
CHRIS GATHMAN
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 (METAL FABRICATION SHOP AND BLACKSMITHING
SHOP), 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 A REC EXEMPT RECX14-0046; BEING PART NW4 SECTION 25, T1N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 23 AND APPROXIMATELY 650 -FEET
SOUTH OF CR 6.
Chris Gathman, Planning Services, presented Case USR16-0011, reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter of opposition was received citing concerns
of disposal and contamination of wastes and chemicals associated with the business, potential disposal of
these wastes into the septic system, excessive noise, and use of same water well as neighboring property
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owner. Mr. Gathman noted that the applicant has been granted a separate well permit for a commercial
use. Additionally, Commercial noise limits (60 db during AM hours and 55 db during PM hours) are
attached. The applicant is proposing to use a separate access for commercial vehicles onto County Road
23 (they would not share the access with the neighboring property owner) and is also proposing to screen
the proposed business from the adjacent property to the south. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Hayley Brown, 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.
Billy Enyart stated that he operates a metal fabrication and blacksmithing company, primarily with
architectural iron work. His current business location in Denver is expanding and he needs to relocate for
expansion. He said that he talked with all the neighbors and initially they all were in support provided he
screen the use and utilize a separate access for the business; however the Carrasco's letter was a surprise
and he agreed to proceed with screen their view of his proposed operation.
Commissioner Berryman asked if he spoke with the neighbors since receiving the letter. Mr. Enyart said
that he has attempted to meet with them but hasn't been able to receive a response from them.
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 USR16-0011 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 Joyce Smock, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman,
Terry Cross.
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 3:21 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2016.06.22 14:36:46 -06'00'
Kristine Ranslem
Secretary
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