HomeMy WebLinkAbout20153000.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 1, 2015
(r► 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 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent/Excused: Bruce Johnson
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
1* Motion: Approve the August 4, 2015 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Michael Wailes. Motion passed unanimously.
ID' CASE NUMBER: COZ15-0001
APPLICANT. WELD 34 LLC, C/O ENVIROTECH SERVICES
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-2 (INDUSTRIAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4
OF SECTION 18, 5N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION. SOUTH OF AND ADJACENT TO US HWY 34 AND EAST OF AND ADJACENT
TO CR 13.
Diana Aungst, Planning Services, stated that the applicants are requesting a continuance of this
case.
®' Melanie Foslien, KBN Engineers, stated that they are requesting a continuance on behalf of the
applicant. She added that the applicants are still looking at users for this site. They are requesting a
continuance to the October 20, 2015 Planning Commission hearing.
Commissioner Berryman asked if there is a reasonable expectation that there will be a user by October
20th or do we need to look further out. Ms. Foslien replied that she is unsure and added that she
understands that the applicant is looking at different possibilities for the site.
Commissioner Sparrow said that we are discussing a change of zone at this time. He asked if this is
contingent of the applicant marketing the product before the zoning change. Ms. Foslien replied yes.
► The Chair asked if there was anyone in the audience who wished to speak for or against the
continuation of this application.
Dave Kisker, 6681 Apache Road, stated that he represents CLR 34 Neighborhood Association and
provided a hard copy of this comments for the record. He explained their concerns with this proposal and
the compatibility with the potential users for the site.
Commissioner Smock asked staff if they are in support of the continuance. Ms. Aungst stated that they
are in support of this request.
Commissioner Sparrow clarified that with a Use by Special Review we need to know what the site will be
used for but since this is a Change of Zone we don't have any need to know what the property will be
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used for. Ms. Aungst said that was correct and added that the Weld County Code does not require that
the applicant state what the uses will be and in some cases the applicant does not have a user in mind.
Commissioner Sparrow asked if there is no end user is it possible that the applicant will not change the
zoning at all. Ms. Foslien said that the applicant will still want to proceed with the change of zone.
Motion: Continue Case COZ15-0001 to the October 20, 2015 Planning Commission hearing,
Moved by Michael Wailes, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Bruce Johnson.
Commissioner Sparrow commented that he hopes this change of zone moves forward even if there is no
end user.
CASE NUMBER: USR15-0037
APPLICANT: BLUE GRAMA LAND CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
STORAGE FACILITIES WITH TRANSLOADING, A LAY-DOWN YARD AND A
LESS THAN 35 FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B OF RECX15-0080, BEING PART OF THE E2 NE4 SECTION 27, T6N,
R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 66; WEST OF AND ADJACENT TO CR
45.
Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the October 6,
2015 Planning Commission hearing. This will allow the applicant time to finalize their site layout plan
including site grading and drainage on site.
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.
I' Motion: Continue Case USR15-0037 to the October 6, 2015 Planning Commission hearing, Moved
by Benjamin Hansford, Seconded by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Bruce Johnson.
Bruce Johnson entered the meeting at 12:41 pm.
CASE NUMBER: USR14-0071
APPLICANT: TIMBRO RANCH & CATTLE CO LLC, C/O WHITING OIL AND GAS
CORPORATION
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 160-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX14-0019, BEING PART OF THE E2
SECTION 31, T10N, R59W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 112 AND WEST OF AND ADJACENT TO
CR 111.
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r" Diana Aungst, Planning Services, presented Case USR14-0071, 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.
ID' Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
i" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Staff had no concerns with this request.
I' Jim Savory, Whiting Petroleum, 1700 Broadway Suite 2300, Denver, stated that this tower will be
used for their SCADA system. In response to Commissioner Smock's inquiry, they will allow co-location
on this 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.
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.
ID" Motion: Forward Case USR14-0071 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR14-0072
APPLICANT: TIMBRO RANCH & CATTLE CO LLC, C/O WHITING OIL AND GAS
CORPORATION
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 100-FOOT TALL TELECOMMUNICATIONS TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX14-0020 BEING PART OF SECTION 23, T10N, R58W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 116 AND APPROXIMATELY ONE MILE
EAST OF CR 127.
Diana Aungst, Planning Services, presented Case USR14-0072, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Staff had no concerns with this request.
Jim Savory, Whiting Petroleum, 1700 Broadway, Denver, stated that this tower is 60 feet shorter
than the previous case. This tower will complete their monitoring system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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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.
ID' Motion: Forward Case USR14-0072 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 Sparrow, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: COZ15-0002
APPLICANT: M2 LANDCO LLC CIO ERIC HALVERSON
PLANNER: DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-3(INDUSTRIAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B AMD REC EXEMPT RE-833, BEING PART E2NE4 SECTION 25, T6N,
R67W & PART W2NW4 SECTION 30, T6N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64.5 AND EAST OF AND ADJACENT TO
CR 23.75.
▪ Diana Aungst, Planning Services, presented Case COZ15-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval.
• Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
I► Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Staff had no concerns with this request.
John Tufte, Lamp, Rynearson and Associates, 4715 Innovation Drive, Fort Collins, stated that they
are requesting to change the zone district from Agricultural to 1-3 (Industrial). It will be used for marketing
purposes and the goal is to achieve similar zoning as the rest of the Great Western Industrial Park. He
added that this change of zone will make zoning consistent with adjacent industrial properties.
Commissioner Berryman asked if this property will be eventually annexed into the City of Greeley. Jen
Standford, Great Western Development Company, stated that they have had a discussion with the City of
Greeley regarding annexation. She indicated that Greeley was not prepared at this time to move forward
with annexation; however she added that once a user is established they do anticipate annexation.
C► The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tom Livingston, 11820 CR 64.5, expressed his concern regarding the danger of the curves in the area.
He added that he has seen several accidents at these curves. He said that the developer should be
responsible for paying their fair share of off-site improvements so that it doesn't become a public expense
in the future. He asked for consideration that any future development is worked out between the County,
Greeley, and Windsor to ensure that the curves get straightened out.
Commissioner Sparrow clarified if he was opposed to the change of zone. Mr. Livingston said he is not
opposed to the change of zone; however he emphasized concern regarding the safety of the road.
Sandra Miller, 12242 CR 66, expressed concern regarding the location of the entrance to the facility
as it is becoming a blind corner with Vestas placing their blades closer to that corner. She concurred with
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Mr. Livingston's concern with road safety. She asked what is happening with the railroad as they seem to
keep building.
ID" Mr. Livingston said that BROE owns the land and added that it is a rail yard so cars can be stored
there. He further expressed concern about the increased traffic which adds to the danger of the curves.
Mr. Tufte said that they have talked with Greeley regarding the realignment of County Roads 23.75
and 64.5. He added that they have talked in general terms because they don't have a user for the site
yet. Mr. Tufte said that some of this property would be used as an offsite improvement.
Mr. Howard said that Mr. Livingston is correct that these curves have been looked at by many different
agencies and a plan will be prepared as development occurs.
Commissioner Johnson said that it appears to him that Weld County has control today on the south curve
going from County Road 23.75 onto County Road 64.5 because this land is where the inside arc would be
on flattening it out. He suggested that a condition of approval be placed prior to the Site Plan Review that
this curve gets dealt with.
Commissioner Jemiola thinks that a lot of the traffic impacts can be addressed once a user has been
established. He said it is good to be aware of but added that since this is a change of zone we should
focus on that let the traffic details be addressed when the applicant applies for that site.
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.
al' Commissioner Johnson suggested placing a condition to the straightening the curve from County
Road 23.75 to County Road 64.5. Commissioner Stille concurred with Mr. Johnson. He said that as a
Planning Commission they have to ensure safety and added that these curves do need to be fixed.
Commissioner Hansford called point of order and added that this request is for a change of zone and not
the roads. Commissioner Cross said that staff will have to address this traffic issue and hopefully this
issue will be addressed prior to the Board of County Commissioner hearing.
Bruce Barker, County Attorney said that when you are looking at requiring an off-site improvement for the
purpose of safety you have to have a direct nexus between what you are requiring and the use that will
be happening on that property. In this instance, he is hearing that safety is a concern but that is not the
evidence you have before you. If it is a generally unsafe place and there is sufficient evidence to show
that there are enough accidents there generally that is something that the County Commissioners need to
take a look at overall but not specifically tie it into this development. Commissioner Johnson said he
agrees with Mr. Barker but still believes that the improvements can be done on the south curve as it is in
Weld County.
Motion: Forward Case COZ15-0002 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 Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Commissioner Johnson echoed his previous comment stating that now is the time to do improvements
but is unsure how to proceed legally.
Commissioner Berryman believes that there is a concern for safety on the curves and should be looked at
in the future.
The Chair called a recess at 1:57 pm and reconvened the hearing at 2:10 pm.
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CASE NUMBER: USR15-0029
APPLICANT: KIMZEY A C SING SERVICE LLC
PLANNER: CHRIS GATHMAN
REQUEST 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
(OUTDOOR STORAGE OF OUT OF SERVICE VEHICLES, STORAGE UNITS
AND MAN CAMP STRUCTURES ASSOCIATED WITH AN OIL FIELD SERVICE
COMPANY)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE-784; PART N2NW4 SECTION 29, T5N, R64W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54 AND EAST OF AND ADJACENT TO
CR 51.
Chris Gathman, Planning Services, presented Case USR15-0029, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter of concern was received. The concern
outlines trash on the facility and human waste on site. Additionally, they requested that the equipment be
in an enclosed building. Mr. Gathman stated that a landscape/screening plan will be required. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
I► Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
ID" Robert Fullop, 3401 Quebec, Denver, stated that he read the letter submitted in opposition and
stopped to visit with them but no one was home; therefore he left his business card in the door and added
that he has not heard from them. Mr. Fullup provided a brief explanation of the history of the property and
the agreements between the tenant and the landowner. He added that they did not take full control of the
property until late summer of 2014.
In response to Commissioner Smock's inquiry, Mr. Fullup stated that a six foot cedar fence will be placed
on the north and east side of the property.
Commissioner Sparrow asked if this is a temporary facility. Mr. Fullop said that it is not their intention to
make it a permanent facility.
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.
ID" Motion: Forward Case USR15-0029 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Commissioner Smock commented that she would like to see the applicant continue to try to reach out to
the neighbors.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
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The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Wailes asked Michelle Martin to provide an explanation on the steps that happen after a
Change of Zone is approved. Michelle Martin, Planning Services, said that if a change of zone is
approved and once a user is established it would then go through an administrative process (Site Plan
Review). At that time of submittal, the applicant will provide more detail of the site, including traffic
details. She added that staff can require a condition of approval for offsite improvements, if it is
warranted.
Meeting adjourned at 2:31 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
450\ _ �� Date:2015.09.04 14:42:31 -06'00'
Kristine Ranslem
Secretary
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