HomeMy WebLinkAbout20151607.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 19, 2015
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, Jason Maxey, at 1:41 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Nick Berryman, Terry Cross.
Absent: Michael Wailes.
Also Present: Diana Aungst and Michelle Martin, Department of Planning Services; Wayne Howard, and
Jennifer Petrik, Department of Planning — Engineering Division; Lauren Light, Department of Health; Brad
Yatabe, County Attorney, and Kris Ranslem, Secretary.
' Motion: Approve the May 5, 2015 Weld County Planning Commission minutes, Moved by Jordan
Jemiola, Seconded by Bruce Sparrow. Motion passed unanimously.
''" CASE NUMBER: USR14-0073
APPLICANT: BUCKLEN EQUIPMENT CO
PLANNER: DIANA AUNGST
REQUEST: 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 (RECYCLING OF
AGGREGATE INCLUDING CONCRETE, ASPHALT AND FILL DIRT)
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
LEGAL DESCRIPTION: LOT 1 SUBX14-0016 BEING PART NW4 SECTION 31, T6N, R65W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1300 FEET WEST OF 25TH AVENUE AND
APPROXIMATELY 500 FEET NORTH OF NW C STREET.
• Diana Aungst, Planning Services, stated that the applicant has requested that this case be
continued to the July 7, 2015 Planning Commission. She added that the applicant wishes to work out the
conditions of approval with the Environmental Health Department prior to hearing.
Deanne Frederickson, AGPROfessionals, 3050 E 6761 Street, stated that they received a
memorandum from the Environmental Health Department on December 22nd stating their analysis of the
project. On May 111h they received a redline of that same analysis and added that it isn't enough time to
work on these issues prior to today's hearing. Therefore they are requesting a continuance to work on
the new conditions as they have been redrafted.
Commissioner Maxey asked if these are changes we have seen in the last month. Ms. Aungst said that
these are unique as it relates to having property in the floodplain. Commissioner Jemiola asked if these
are related to some of the new floodplain regulations. Ms. Aungst said that the State Department of
Environmental Health requested some documentation on what is being done on the property and the
applicant just needs to coordinate their efforts with the Weld County Department of Environmental Health
and get everyone on the same page before moving forward.
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.
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tr 2015-1607
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" Motion: Continue Case USR14-0073 to the July 7, 2015 Planning Commission hearing, Moved by
Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
t" CASE NUMBER: ORDINANCE 2015-7
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Michelle Martin, Planning Services, presented Ordinance 2015-7, providing a brief outline of the
proposed code changes.
Ms. Martin referred to Section 22-5-160 and stated that staff is requesting to add a new UR.Policy1.2 that
states "In order to validate the recognition of a right to extract Minerals, the statement listed below should
be incorporated into all land use plats and Homeowners' Associations (HOA) documents." Ms. Martin
stated that this is very similar in how we handle the Right to Farm statement on all plats recorded and
added that we are proposing to add a statement for the extraction of mineral resources.
Tom Parko, Planning Director, added that there are a lot of mineral resources in our County and thought
that maybe we should add a similar statement like the Right to Farm statement. This would let people
know that when they move out to the county that there is also the potential of an oil well, tank batteries or
a mining operation for gravel being adjacent to them. Commissioner Sparrow agreed that this was a
good idea.
Commissioner Maxey noted that water is included in this statement to be placed on plats and added that
water isn't a mineral and is not extracted like minerals are. Mr. Parko agreed with that and stated it
should be removed.
Additionally, Maxey noted the language that states "....incorporated into all land use plats and
Homeowners' Association Documents" and referred to very last sentence in the last paragraph
"Moreover, these resources are protected property rights and owners should be afforded the opportunity
to extract the mineral resource". He asked if we could clarify that as we see people moving out from the
city who don't know a lot of details of mineral ownership and might say that they own this piece of
property and so they own the opportunity to extract the mineral resource. He suggested adding
"Moreover, these resources are protected property rights and mineral owners should be afforded "
Mr. Parko also suggested adding to UR.Policy1.2 to include "land use maps/plats"for clarification.
Commissioner Maxey asked about how we can put language into HOA documents. Ms. Martin said that
we can suggest it that it be included in their documents when they are subdividing. Brad Yatabe, County
Attorney, added that as part of the subdivision process the County Attorney's office and Department of
Planning Services require submission of covenances and then it is reviewed by staff and require that
certain statements be placed in those, such as the Right to Farm statement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
r Motion: Forward Ordinance 2015-7 along with the suggested amendments, to the Board of County
Commissioners along with the Planning Commission's recommendation of approval, Moved by Jordan
Jemiola, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
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CASE NUMBER: ORDINANCE 2015-8
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY
CODE.
T` Michelle Martin, Planning Services, presented Ordinance 2015-8, briefly explaining the proposed
changes to antennas and towers. Commissioner Jemiola asked if we could change the height
requirement for a USR to greater than 100 feet. Ms. Martin said that staff did propose 150 feet to the
Board of County Commissioners in a work session; however they were not in support of that change.
She added that they were comfortable with the current height requirement of 70 feet for a zoning permit.
Commissioner Maxey asked what the average height of towers is that the County sees. Ms. Martin said
that industry standards have dropped the towers to 70 feet.
Commissioner Maxey referred to proposed Section 23-4-830.D.3 and asked that since it is an engineered
and stamped drawing that it is a self-collapsing tower and won't fall out 100 feet are they still required to
have an easement. Ms. Martin said that if it is a self-collapsing tower, staff has allowed that and agreed
that we should include language allowing this. She asked that to come back to that so staff can propose
language to include that statement.
In regard to proposed Section 23-4-870.Q, Commissioner Maxey asked if providers can obtain
information from other providers' service area 10 miles out, especially since it may be competition
between providers. Ms. Martin said that they are continuing to explore how available that data is as they
understand from applicants that it is difficult to obtain. Mr. Maxey said that he doesn't know that one
provider would be willing to share that information with another. Commissioner Johnson said that it might
be available with the FCC (Federal Communications Commission) on their website. Commissioner
Jemiola said that it may be available but may not be easily available to the public. Mr. Maxey said he is
okay with leaving this language but is concerned that we are requiring something that isn't available to
applicants. Ms. Martin said that staff will continue to research this.
In regard to Section 23-4-892, Commissioner Johnson asked if Item C could be included in item B as the
language is the same except for the last sentence. Ms. Martin agreed that it could be combined.
Commissioner Maxey referred to Section 23-4-870 where it states "An application for a Zoning Permit for
a Telecommunication Antenna Tower shall including the following" and said that "shall" means that it must
be included. However, under the proposed language in Section 23-4-870.0 it says that "A letter of intent
to allow co-location on the Telecommunication Antenna tower" and asked if there should be some
language added that says "if required", because currently these statements contradict each other. Ms.
Martin referred to 23-4-830 where they added "The applicant may provide written justification and
evidence why co-location is not possible" and said it can be added to Item U.
Ms. Martin referred to the proposed language for Section 23-4-830.D.3.B and asked that the following
statement "As an alternative, the applicant can provide stamped documentation from an engineer
demonstrating that the tower and debris will fall completely within the boundary of the subdivision
exemption" be added. Commissioner Maxey agreed to that language.
Commissioner Maxey noted that Section 23-4-870.0 is duplicate to Section 23-4-870.O and asked if it
should be removed. Ms. Martin said that one of them could be removed. Mr. Maxey suggested removing
Item U.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Pr Motion: Forward Ordinance 2015-8, along with the suggested amendments to the Board of County
Commissioners along with the Planning Commission's recommendation of approval, Moved by Jordan
Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
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Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
CASE NUMBER. ORDINANCE 2015-9
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD
COUNTY CODE.
Michelle Martin, Planning Services, presented Ordinance 2015-9, outlining the changes to Recorded
Exemptions, as part of the Weld County Code.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2015-9 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
"u CASE NUMBER: ORDINANCE 2015-10
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF
THE WELD COUNTY CODE.
Michelle Martin, Planning Services, presented Ordinance 2015-10, explaining the proposed change
relating to the uses of public water within a certain aquifer for PUD (Planned Unit Development).
Commissioner Maxey asked why this specific aquifer and why the big change from 300 year to 100 year
water supply. Ms. Martin said that there is a developer in this aquifer that has requested this change. Mr.
Parko added that the Craig Harrison has discovered this Upper Laramie Aquifer when he drilled a test
well and has gone through Water Court and it has been approved. He said that state statutes require a
100 year supply and we require a 300 year water supply. Mr. Parko further added that the developer is
proposing commercial and industrial uses and will not require as much water as a residential
development.
Commissioner Jemiola asked if this needs to be a code change or if the applicant could request this
waiver from the Board of County Commissioners. Commissioner Berryman asked if we should have the
applicant present his request because it is his proposed code change. Commissioner Johnson
suggested having David Nettles with the Colorado Division of Water Resources to be here as well. The
Chair asked staff to see if Craig Harrison and David Nettles could be here to discuss this proposed code
change.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
fr Motion: Continue Ordinance 2015-10 to the June 2, 2015 Planning Commission Hearing, Moved
by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, 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.
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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
, 66y (p Date:2015.05.26 07:39:22-06'00'
Kristine Ranslem
Secretary
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