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Home My WebLink About20162790.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 16, 2016 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 12:36 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. Absent: Jordan Jemiola, Michael Wailes. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Ryder Reddick, Department of Planning Services; Hayley Brown, 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 August 2, 2016 Weld County Planning Commission minutes, Moved by Bruce Johnson, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR16-0023 R 16-0023 70 RANCH LLC, C/O BONANZA CREEK ENERGY CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (COMPRESSOR STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT. ALL OF SECTION 19 AND PART OF SECTION 20, T5N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 3 MILES NORTHEAST OF CR 69 (AT RIVERSIDE INTAKE CANAL) AND NORTH OF AND ADJACENT TO CR 54 SECTION LINE. Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the September 6, 2016 Planning Commission hearing to allow adequate time to meet the 30 day mineral notification requirement. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue Case USR16-0023 to the September 6, 2016 Planning Commission hearing, Moved by Joyce Smock, Seconded by Bruce Johnson. Motion carried unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: Commutaicaliono 2- 31- I(.o USR16-0020 R 16-0020 MATTHEW & HEATHER YOUNG 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 COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE AND FABRICATION OF MATERIALS INCLUDING STEEL PIPE), 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 RE -4003; PART E2NE4 SECTION 23, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. 2000 FEET SOUTH OF CR 32; WEST OF AND ADJACENT TO CR 35 SECTION LINE. 1 2016-2790 Kim Ogle, Planning Services, presented Case USR16-0020, 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. Evan Pinkham, 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. Matt Young, 10813 CR 14.5, stated that he purchases oilfield pipe that doesn't pass tests for Oil and Gas Company wells and sells it for fencing to dairies, feedlots and equestrian centers. He said that there are not a lot of trucks that enter and leave the property and he does not come to the site daily. He added that he doesn't have any employees; however because he didn't want to amend the permit in the future for potential growth he included up to two (2) employees in the application. Commissioner Smock clarified if this is more of an on -call business when someone wants the service. Mr. Young replied yes and added that he will be on site some days just maintaining the site as well. Commissioner Smock asked if the applicant is proposing any new buildings. Mr. Young said that there is an existing building on site and he has obtained building permits for that building. He added that there are no proposed structures; however he would still like to maintain his right to build a residence, possibly in the future. Commissioner Sparrow asked the applicant if the pipe is sold in full -lengths or if it will be cut. Mr. Young said that he tries to sell in full lengths; however he has cut the pipe on rare occasions in the past. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Joan Camp, PO Box 127, Platteville, Colorado, asked if the speed bumps will remain on County Road 32. She added that the Camp Farm property is south of this site. Additionally, she asked if there will be a fire hazard from cutting the pipe. Mr. Young said that Anadarko used County Road 32 and both houses adjacent to the west had small children so the speed bumps were put in. However, since Anadarko has put in another access Mr. Young stated that he has been maintaining County Road 32. He added that he has taken out most of the speed bumps but because the first house still has small children they have requested to leave those speed bumps in. Mr. Young said that when he does cut the pipe it is cut using a diamond blade circular saw so it sheds little to no sparks. He understands the potential of fire; therefore when he has to cut the pipe he does it in an area where there is no dry vegetation. He reiterated that he tries to not cut the pipe. 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 USR16-0020 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 Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. 2 CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR16-0022 R 16-0022 WO WCR 28 LLC AND COLLEGE 43, LLC, C/O SILICON RANCH CORPORATION DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MEDIUM SCALE SOLAR FACILITY IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT. NE4NW4; NW4NW4; S2SW4; N2SW4; SW4NW4; SE4NW4; ALL LOCATED IN SECTION 32, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 28 AND EAST OF AND ADJACENT TO CR 39. Diana Aungst, Planning Services, presented Case USR16-0022, 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 Smock asked what is allowed in the 1-3 Zone District. Ms. Aungst stated that recently the Board of County Commissioners approved code that allows for solar facilities to be placed in the Industrial Zone Districts. Ms. Smock asked what other kinds of industry would be allowed in the 1-3 Zone District. Ms. Aungst said oil and gas operations and trucking facilities are pretty typical in the 1-3 Zone District. Commissioner Sparrow asked if there is anything in the Development Standards for weed control or prairie dog control. Ms. Aungst said there is language regarding weed control; however she is not aware of any language for prairie dog control. The Chair asked the Planning Commission if they want to add anything regarding prairie dog control. Commissioner Johnson said it would be in the best interest of the applicant to do that as it would destabilize some of their equipment. Mr. Johnson stated that he is more concerned with having no vegetation from the solar panels. Evan Pinkham, 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. John Marcarelli, Silicon Ranch, 150 3rd Avenue, Nashville, Tennessee, stated that this project will be serving United Power. Mr. Marcarelli said that the site was selected as there is an existing distribution line adjacent to this site. The project is sized to serve the load in Weld County and added that it will not be exported energy to other counties. Peter Candelaria, 150 3rd Avenue, Nashville Tennessee, stated that with respect to weed control or growth, the modules do articulate and turn with the sun. He added that they have looked at various seed mixes along with working with some of the local universities to identify the best seed mix. He added that they have not had any issues with vegetation not growing; however it is more of an issue of getting the right vegetation to grow at the rate they want it to grow. Mr. Candelaria said that they will not move much earth as with previous projects. He added that they have not had issues with rodents in this area to give any concern. Commissioner Sparrow expressed concern with the surrounding land owners who would have to face that issue if this site had them and it wasn't addressed. Mr. Candelaria said that if there was an issue they would certainly address it; however they haven't had any concerns regarding prairie dogs. Mr. Marcarelli said that with the oil and gas activity on site they estimate that 240 acres will be used for the solar facility. Mr. Candelaria said that they are currently installing a project in Mead and added that they 3 are working with the local high school to put together an area program. He added that the kids can get familiar with how solar works, how it is installed and how it can help the overall energy portfolio. Commissioner Stille asked if the water wells on site will be combined or eliminated. Mr. Candelaria stated that they may use the wells for construction; however their long term project will not be utilizing water from the wells on site. Commissioner Sparrow asked how many megawatts this facility will be. Mr. Marcarelli stated that this facility is approximately 20 megawatts in size. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Roy Wardell 16512 Essex Road North, stated that this is as good a place as any and does not object to the use. He inquired if County Road 39 will be paved. Mr. Pinkham said that it is not required to be paved. Mr. Wardell highly urged Weld County to pave the road to eliminate dust issues. Additionally, Mr. Wardell said that he is worried about erosion and suggested laying straw on any disturbed areas so it doesn't blow. Joan Camp, PO Box 127, Platteville, Colorado, asked if there are other details they need to know about as owners of land. She does not know what potential problems there may be with construction of this project, especially regarding traffic and trucks. Mr. Candelaria referred to the comment of paving County Road 39 and said that they are not using County Road 39 as they will be accessing the site from the north. Mr. Candelaria expressed interest in visiting with Mr. Wardell regarding erosion control as he may have some tips that might be useful. There is a 69 kV distribution line that runs along the north side of the proposed project and the point of interconnection is going to be a switch on that line. He added that there will be no additional infrastructure installed. Mr. Candelaria said that they will plan to screen the north side of the property; however he requested that no landscape or fencing be required on the east, south and west side of the property, as there is some natural buffering with some of the existing berming. Additionally, he said that they are asking for similar consideration to what the other properties have, which is galvanized fencing. Ms. Aungst said that staff would like the applicants to meet the requirements of the new code. Under the 1-3 Zone District, landscaping and screening shall include decorative fencing, berming and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and right-of-ways. Mr. Candelaria said that the neighbors are currently using galvanized fencing and requested that they be able to use the same. Commissioner Johnson clarified if they still plan to have chain link fence surrounding the perimeter of the facility. Mr. Candelaria replied yes. Mr. Johnson asked if the concern is from the landscaping within the chain link fence. Mr. Candelaria replied yes and added that they plan to follow the landscape and screening as requested by Weld County on the north side of the property; however they are requesting to use the chain link fence on the balance of the property as what is currently being used in the neighborhood. Ms. Aungst suggested amending Condition of Approval 1.6.6 to read "The map shall delineate the landscaping and/or screening as required under Section 23-4-1030.C along the northern boundary only." Motion: Amend Condition of Approval 1.6.6 as stated 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. 4 Motion: Forward Case USR16-0022 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 Bruce Johnson, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. The Chair called a recess at 2:08 pm and reconvened the hearing at 2:21 pm. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR16-0021 TALLGRASS TERMINALS LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND TRUCK UNLOADING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. W2SW4 SECTION 33, T6N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 89 AND NORTH OF AND ADJACENT TO CR 62 SECTION LINE. Chris Gathman, Planning Services, presented Case USR16-0021, 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 Brown, 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. Cody Wagoner, Tallgrass Terminals, 370 Van Gordon Street, Lakewood, Colorado, stated that this project is very similar to their previously approved projects in Weld County by taking crude delivery into their pipeline that comes into Weld County and then onto Cushing Oklahoma. This site would provide for a central delivery point. Commissioner Johnson asked if construction of the facility will happen in the future or will it be constructed in smaller phases now with plans for a larger phase later. Mr. Wagoner said that they are purchasing the property and added that the demand is not there currently for this project. Therefore as production will pick up they plan to construct this facility in two phases. Phase 1 will include up to 40 trucks per day and Phase 2 will include up to 80 trucks per day. Commissioner Sparrow asked if there is a time limit of construction with the USR permit. Mr. Gathman said that there is a three-year time frame to complete the project. 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 USR16-0021 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 Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). 5 Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR16-0017 CRAIG & CORY ROEHRS RYDER REDDICK A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE- FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT 3 HIGHLAND ESTATES; PART OF SECTION 3, T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 38 AND EAST APPROXIMATELY 0.4 MILES FROM CR 7. Ryder Reddick, Planning Services, presented Case USR16-0017, reading the recommendation and comments into the record. Mr. Reddick noted that three (3) letters were received in opposition to this request citing concerns in regard to allowing a second residence for rental purposes and that it is not allowed in the Subdivision convenants. He added that one (1) phone call was received in support of 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 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. Craig Roehrs, 3380 CR 38, stated that they moved to this rural residential property to be able to have horses and space for their family. His wife's mother is a large part of their family and they are planning to build this residence for her. Mr. Roehrs stated that per the Weld County Code it is encouraged to have multi -generational, caretaker, guest and accessory quarters. The ability for his mother-in-law to live on site would provide farm and animal assistance and assistance with kids' school and extracurricular activities. It would also allow for caregiving during her golden years. Commissioner Johnson asked what the intent of the residence will be after it serves its intended purpose. Mr. Roehrs said that the intent is not to generate supplemental income but they would like to reserve the right to use it as a rental. Commissioner Sparrow said that that landowners in Highland Estates understood that only one home would be built on each lot and asked the applicant to address their concerns of having a second home. Mr. Roehrs said that they understand their concerns; however the intent is not to have the second home as a rental unit. Commissioner Cross asked what the size of the proposed home is. Mr. Roehrs replied that it will be 1145 square feet. Commissioner Barringer asked the applicant why they don't add onto the existing home. Mr. Roehrs said that they wanted to preserve the footprint of the surrounding areas and not to have any odd shape or disproportionate wing off of the home. He added that they did research that; however in the way the house is constructed into the ground it would be difficult to match the elevation. Cory Roehrs, 3380 CR 38, stated that they talked with all of their adjacent neighbors and added that they are in full support. She added that they have researched how to add onto the house; however the cost was astronomical compared to a second dwelling. 6 The Chair asked if there was anyone in the audience who wished to speak for or against this application. Al Roberts, 3494 Fairways Drive, stated that there are protective covenants in place for this subdivision since 1972. He added that in the covenants it states that a dwelling unit needs to be a minimum of 1000 square foot in size and the proposed second home is 990 square foot in size. The original plat was for 26 single-family homes built on 53 acres. Mr. Roberts asked if this is approved then what prevents the other landowners in Highland Estates to construct a second dwelling unit. He added that this is not keeping with the rural atmosphere of this subdivision. Mr. Roberts expressed concern with what happens when they no longer need it for a caretaker residence. Barbara Foley, 17918 Wagon Trail, Mead, Colorado, stated that they purchased their property understanding Highland Estates was for only single family homes. She added that the developer specified this in his protective covenants. She suggested that the Roehrs' build an addition that is physically attached to their existing home. Mr. Roehrs said it is a desirable area as it is a rural setting. He said that there has been positive feedback and no one has had any major concerns with a potential rental property. He said the square footage of the building will not detract from the area but will only enhance the neighborhood. Patrick Chandler, 1601 Saunders Street, Longmont, Colorado, cited Section 22-2-20 which states that it encourages multi -generational, caretaker, guest and accessory quarters. He said that the proposed home will be 1190 square foot in size. He added that any of the existing homes could be used as rental properties currently. Commissioner Stille asked if there is a legal issue in regard to convenants. Bob Choate, County Attorney, said the covenants are a private contractual dispute and the Board of County Commissioners has consistently declined to consider enforcing private covenants on the properties. He added that it is reasonable to take them into account; however typically the development standards do not protect those covenants. Commissioner Cope asked the applicant if they intended to build a second home when they purchased the property in this subdivision. Mr. Roehrs said that they would never have entered into the purchase agreement of this home if there was any indication that this would not have been a successful venture. Mr. Cope said that the intent for an accessory use was more for larger agricultural parcels and not subdivided lands. He feels that an addition to the existing home would be more appropriate. Mr. Roehrs said that they are learning a lot as they go and they are not trying to be an exception to any rule. He said that he doesn't see the difference between expanding onto the home or having a separate unit that isn't going to be any more obstructive than any other building out there, regardless of the use. He added that they came into this with full disclosure and nothing to hide. 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. Commissioner Stille understands the particular need for this in the code as he has been in a similar situation. He added that when the applicants get older they will need assistant care as well. Motion: Forward Case USR16-0017 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Bruce Johnson, Seconded by Tom Cope. Commissioner Johnson cited Section 23-2-220.A.2 and Section 23-2-220.A.3 as it is not consistent with the neighborhood as it is a full subdivision. Vote: Motion failed (summary: Yes = 3, No = 4, Abstain = 0). Yes: Bruce Johnson, Bruce Sparrow, Tom Cope. No: Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross. 7 Commissioner Cross said that he views this, besides the use of a mother-in-law house, as potentially a guest house which could possibly enhance the value of the property. He doesn't see an explosion of the neighbors building another house on their lot. Commissioner Stille agreed with Mr. Cross and understands the need for this in the code. Commissioner Barringer doesn't see this anymore obstructive than a barn or a shop. Commissioner Smock said that there are some real advantages to having this type of situation. Commissioner Sparrow said that by buying a home in this subdivision the applicant entered into an agreement or contract that you are only able to have one home per lot. He added that he doesn't think it will hurt the property values. Motion: Forward Case USR16-0017 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Terry Cross, Seconded by Gene Stille. Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0). Yes: Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross. No: Bruce Johnson, Bruce Sparrow, 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 3:45 pm. Respectfully submitted, Ai 1 41 Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.08.19 08:29:41 -06'00' 8 Hello