HomeMy WebLinkAbout20153721.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 17, 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,
Jordan Jemiola, at 12:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Absent/Excused: Gene Stille, Michael Wailes, Nick Berryman.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin, and Tom Parko, Department of
Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning Services— Engineering
Division; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the November 3, 2015 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2015-25
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE
Tom Parko, Planning Services, requested this case be continued to the December 1, 2015 Planning
Commission hearing. He added that they have scheduled a second stakeholder meeting with this
particular group on November 23, 2015.
Motion: Continue Ordinance 2015-25 to the December 1, 2015 Planning Commission hearing, Moved by
Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
CASE NUMBER: ORDINANCE 2015-26
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Barbara Kirkmeyer, Weld County Commissioner, stated that this particular code change removes oil and
gas production facilities from a Use by Right under Section 23-3-20 and places it as a Use by Special
Review under Section 23-3-40.
Commissioner Kirkmeyer said that they have been working with the oil and gas industry for several years
as well as the Colorado Oil and Gas Conservation Commission (COGCC). She added that much to their
disappointment COGCC has decided to pass yet another round of rules that essentially interferes with
local government control and interferes and infringes upon matters that are of local concern. The rules
that have passed and are in the process of passing conflict with Weld County land use authority as local
government. They further erode the private property rights of the surface property owner and they
provide for essential extraterritorial authority to adjacent or approximate local governments. Ms.
Kirkemeyer said that as the Board of County Commissioners, they cannot stand by and allow this to
occur. She added that they believe that as a local government and those with local government land use
authority that it is their job to mitigate the impacts of any development of the surface. She further added
that this is their job to ensure compatibility with surrounding and adjacent land uses. Furthermore, it is
their job to ensure the coordinated, harmonious development of Weld County. She emphasized that it is
not the COGCC's job. Local governments do not need additional local control and what the COGCC is
doing is not necessarily giving them more local control but they are attempting to usurp their authority as
local governmental elected officials. She added that COGCC has been creeping into their land use
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authority for the last few years and these rules are nothing more than a further attempt to intercede into
their land use authority and insert themselves into local matters.
Weld County does have regulations that apply to oil and gas operations and has consistently stayed out
of the middle and not inserted government in the middle of a contractual agreement between two private
property owners: the surface owner and the subsurface owner. Commissioner Kirkmeyer emphasized
that they have a huge respect and a very strong respect for private property rights. But because of the
COGCC's insistent rule making and subsequent rules, they have interfered with the contractual
agreement between those two private property owners and they are interfering and infringing on private
property rights on the surface and they do not take into account the compatibility of existing and future
land uses.
Therefore, Commissioner Kirkmeyer stated that they are presenting this code change that would put in
place a Use by Special Review process and permit for oil and gas operations to ensure that surface
owner's rights are protected and to guarantee that it is the County who is ensuring the development of a
coordinated and harmonious Weld County.
Commissioner Kirkmeyer added that she spent the last day and a half at the COGCC and it is extremely
disconcerting to her to listen to the comments that came forward and she feels like she was going back to
1995 where the process was a fight. The rulemaking that is taking place at COGCC is an attack on
private property rights. They believe this USR will level the playing field and inserts back in the private
property owner on the surface in the process.
Steve Moreno, Weld County Commissioner, stated that he serves on the Oil and Gas Task Force and as
part of that task force they reviewed over 50 recommendations and narrowed it down to nine (9) that were
presented to the Colorado Governor. Two (2) of these recommendations were forwarded to the
legislators. The other seven recommendations were that COGCC was to allow for further discussion and
have communication with municipalities and counties to address some of the concerns that came from
their discussions. In his opinion, there was never any intent to allow for more regulation in this process.
Julie Cozad, Weld County Commissioner, stated that she struggled with adding on regulation for the oil
and gas industry but expressed that it is important to understand that they were backed into a corner
because of the Oil and Gas Conservation Commission overstepping their bounds, as far as land use.
She agreed that this is a matter of private property rights and not letting the State make the decisions for
the landowner on where these facilities will be located.
Sean Conway, Weld County Commissioner, stated that in the early 1990's they went through the same
exercise in terms of private property rights. Fortunately, a group of folks came together who were able to
move forward and create a culture of mutual respect between the landowner and the oil and gas industry.
Unfortunately, COGCC has backed them into a corner and this was not a fight they went looking for. He
said that they did everything they could over the last six (6) months from meeting with industry officials
and members of the COGCC. This comes down to protection of private property rights and now we have
a state entity trying to usurp their local land use authority.
Tom Parko, Planning Services, stated that this code change takes the oil and gas production facilities out
of Section 23-3-20 Uses by Right and places it into Section 23-3-40 under Uses by Special Review.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bob Grand, 105 Woodward Avenue, Keensburg, Colorado, stated that he supports the Weld County
Commissioners recommendation and it is a sad day when we have to fight our state government officials.
He commended the County Commissioners for taking a stand and recognizing the importance of private
property rights.
Richard Miller, 1123 Benton Rock, Longmont, Colorado, stated that he is a former Planning Director from
Elbert County. He added that he was in a similar situation with the Oil and Gas Commission and believes
that the County Commissioners are doing the right thing by trying to have this reviewed as a Use by
Special Review. He believes that local jurisdictions should have the authority as it impacts private
property rights.
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Commissioner Johnson said that he was involved in the early 1990's fight. At that time, surface owners
didn't have a voice with the Oil and Gas Commission. And, because of the work that took place during
that fight, it gave the surface rights standing in the Oil and Gas Commission and the oil and gas operators
had to honor that position. Mr. Johnson stated that he is concerned that this will be a precedent for other
municipalities and counties to implement and will use this vehicle to be more controlling. Another concern
is that he doesn't like to see more regulations on the industry or agriculture.
Commissioner Smock asked if the USR will take COGCC out of the picture. Bruce Barker, County
Attorney, stated that it does not take COGCC out of the picture but it provides an element which would be
an addition to the regulations that they have. He said that as a result from recent court cases, local
government has the ability to require a Use by Special Review Permit. He added that your review in the
application will ensure if the new land use is compatible with the surrounding land uses. Commissioner
Kirkmeyer stated that this process would be similar to the process taken with solid waste landfills and the
rule that the Colorado State Department of Health has to play in that. She added that the applicant has to
go through a permitting process through the State Health Department and meet certain requirements and
then it is up to the County whether to offer a Certificate of Designation.
Commissioner Cross asked how many USR permits would be created from this code change and the
potential of adding staff to process these permits. Commissioner Kirkmeyer stated that they are
anticipating it could add 200 to 300 USR permits and they understand that this will impact Planning
Commission and the Board of County Commissioner schedules. She said that they may need to add
additional hearings to these schedules and added that they will look at what they need to do with
additional staff.
Commissioner Sparrow said that the State has the right to say where the hole can be drilled but we are
talking about regulating the tanks and separators. He asked for clarification if we are trying to get in the
middle of this discussion between the landowner and the oil companies. Commissioner Cozad replied
that the concern is that the facility could be located in the middle of a farm field and it would impact
agriculture and private property rights.
Commissioner Johnson said that he sees this as another set of regulations that will not stop the COGCC.
He respects that something needs to be done but not sure that it is protecting the oil and gas operators.
He added that unfortunately, agriculture is not in the legislature anymore. Commissioner Kirkmeyer said
that she participated with the rulemaking in the 90's and they worked diligently to ensure a meaningful
surface use agreement was in place. But the last few years there has been the erosion of the surface
use agreement and that is why she is in support of the Use by Special Review permit as it gives the
property owners the ability to negotiate a surface use agreement that works for them. Commissioner
Conway said that he isn't sure that the industry will look at this as a negative as they are tired of the
regulations placed from the Oil and Gas Commission. He added that he is hopeful that what we are
presenting is taken seriously and there will be a change in the COGCC. However if it is not, this code
change will ensure protection of the private property owners.
Commissioner Johnson asked how this will keep other counties or municipalities from doing this and
enforce non-compatibility. Commissioner Kirkmeyer said that every local government currently has the
authority and ability to do the same things we are doing.
Mike Freeman, Weld County Commissioner, apologized for being late. Mr. Freeman stated that we have
a duty to protect our property owners.
Commissioner Smock asked how long it takes to go through the process for a Use by Special Review
Permit. Mr. Parko described the process and added that it depends on the submittals from the
applicants. He added that from start to finish it could take up to 60 days or six months. Commissioner
Kirkmeyer added that the oil and gas industry typically plans their development for the year and these
permits could be processed concurrently. Mr. Parko said we could accommodate multiple sites on one
property and it could expedite the process.
Commissioner Jemiola said Weld County is responsible for 80 percent of the oil production in the state.
He feels it is unfortunate that the State is considering regulation that would not be beneficial for Weld
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County. His concern is that any code changes that COGCC makes would still be in full force.
Commissioner Kirkmeyer said it would be in full force for the oil and gas industry. She added that they
are trying to ensure the protection of the surface owner property rights and also to ensure that it is the
County that is determining compatibility with regard to the future and existing land uses.
Commissioner Johnson doesn't see anything in the code changes that provide protection for the private
property owner. Commissioner Kirkmeyer clarified that the surface property owner will be applying for the
Use by Special Permit; therefore the oil and gas operator will have to work with the surface owner in the
application process of the USR. Commissioner Cozad added that the USR would be the agreement
between the landowner and the mineral owner.
Commissioner Jemiola said it is unfortunate with the rules going on at the state but commended the
Board of County Commissioners for doing an exceptional job with the protection of the safety and welfare
of Weld County residents.
Motion: Forward Ordinance 2015-26 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce
Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Commissioner Cross said that he agrees with the Planning Director's ideas about streamlining the
process to make their lives easier.
Commissioner Smock said that the County Commissioners have given this a lot of thought.
Commissioner Johnson said that as a surface owner and as a mineral owner he applauded the
importance of the surface use agreement. He said that he doesn't see it written in the code change and
feels it is an interpretation.
Commissioner Hansford said that he is generally against bigger government and more regulation on any
level but this is something that needs to happen.
Commissioner Jemiola said that he is not in favor of more regulation but supports the County
Commissioners in taking this step.
CASE NUMBER: ORDINANCE 2015-27
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2015-27, and briefly explained the proposed
changes. She said that recently you have seen several solar farm projects and as a result the Board of
County Commissioners decided to look at where the appropriate place is for solar farms. In
conversations with the County Commissioners, they feel that solar farms are more of an industrial type of
use and therefore are recommending that these uses be located in the 1-2 and 1-3 Zone District.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Richard Miller, Land Manager with Clean Energy Collective, stated that they build community solar farms.
He said that as land manager he finds a location that has good location to solar exposure, access to 3-
Phase power, and no tree cover. The concept is that customers from a utility can purchase a panel and
use this power to reduce their utility bill. Mr. Miller said that they are not a utility scale operation as they
typically build 1 to 2 megawatt facilities and they occupy between 7 and 14 acres of land. He added that
the utility scale operation is typically in the 10 to150 megawatt and occupies in excess of 1000 acres of
land.
Mr. Miller said that they, as a smaller generating facility, cannot afford to locate within the industrial zoned
properties. He asked to consider the facilities, up to 3 or 4 megawatts, fall under a Use by Special
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Review so that you can allow it based on compatibility with surrounding land uses. He understands if the
utility scale operations need to be located in the industrial zone district; but requested that the smaller
scale operations continue to be allowed under the Use by Special Review in the agricultural zone district.
Commissioner Johnson said that we are limited on the amount of industrial zoned property. He asked if
there is a special kind of ground that these facilities need or can it be various sizes and shapes. Mr.
Miller said that they look for good southern exposure on the property with minimal trees or areas that
block exposure. Their facilities are typically located in the agriculture zoned areas.
Jon Sullivan, Sun Share, 1441 18th Street, Denver, Colorado, stated that he agreed with Mr. Miller and
added that they look at all the same criteria for their potential locations as well. He requested that the
existing code change remain as written. He added that if they had to purchase industrial properties they
would need to escalate the cost of electricity. The majority of Weld County is agriculturally zoned and
putting these facilities in the industrial zone is quite small. The proposed amendment appears to be
incompatible with key elements in the Weld County Code.
Ms. Sullivan stated that solar farms exist for 20 years, as that is how long their contracts are for. The site
is then decommissioned and the land is restored. It provides little impact to surrounding properties.
Commissioner Johnson asked if there is an issue of reflection from the panels. Mr. Sullivan said that they
absorb the light and not reflect the light. He said reflection might be the same as a car windshield.
Commissioner Jemiola doesn't feel that government should be picking winners or losers in the energy
markets. He asked staff if there is any reason why a USR wouldn't work on agriculture and asked if there
were compatibility issues in the past. Ms. Martin said that in conversations with the Board of County
Commissioners there is a feeling that these uses are better suited for the industrial zone districts. She
added that the applicants can propose a change of zone for the property to 1-2 or 1-3 and then follow
through with a Use by Special Review permit.
Jim Vetting, 2143 45th Avenue, Greeley, stated that this is a great interim use of land. His land sits next to
Highway 34 and has access to 3-Phase power. This property was difficult to irrigate so he sold the water
off the property and dried it up. He added that he would like the chance to have a solar farm in the
interim period. He said that this is restricting the use of agriculture property with these proposed
changes.
Judy Firestien, 30951 CR 27, stated that they have been recently approached by Sun Share for a solar
garden. She said that they support agriculture and don't like to see land sold for development. However,
many farmers also rely on their property to provide retirement income for them. These solar facilities
would allow landowners to keep their land and lease it to the solar entities for regular income stream. A
ban on solar seems to be similar to the ban on fracking. She added that this is about property rights and
landowners in Weld County should be able to develop their property as they like whether it is creating a
housing subdivision, developing their minerals and creating an oil and gas facility or leasing their land for
a solar project that provides energy to the community.
Ms. Martin noted that there are two parts of the proposed code change. She added that the second part
is a change to Chapter 22 Article VII of the stormwater drainage criteria by adding another exemption.
Commissioner Sparrow said that it doesn't limit agriculture ground from being a solar facility; it just has to
go through a change of zone process. He said that you might end up with a piece of farm ground in the
middle of a farm that will be zoned industrial forever. Ms. Martin said that the landowner could change
the zoning back.
Commissioner Johnson believes that this is overreaching by the county. He said that there is a lot of land
throughout the agricultural zone district that is actually being used for nothing but weeds or is native grass
and believes that these smaller facilities could fit easily on these properties. He would be supportive of
facilities that would be less than 5 megawatts to be eligible for it to remain in the agricultural zone district
and follow the Use by Special Review standards. He added that facilities larger than that would be a
more industrial type of activity and restricted to an industrial zone.
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Commissioner Jemiola said that if there is no long term damage to the farm ground from having solar sit
on agriculture and it goes through the USR process, he doesn't see the purpose of rezoning it to industrial
just to allow solar panels. Mr. Jemiola suggested striking the references to the solar farms in the
proposed code change. Commissioner Sparrow agreed and added that the business time frame is 20
years and doesn't know why they need to go through a change of zone.
Commissioner Sparrow asked staff how they felt about placing a size limit on the solar farms to 5
megawatts. Ms. Martin said that this code change has three readings before the County Commissioners
and she will propose that to them.
Motion: Strike references of solar farms in Ordinance 2015-27 and keep the uses allowed for solar the
same, Moved by Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Forward Ordinance 2015-27, as amended, to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Terry Cross, Seconded by Joyce
Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
The Chair called a recess at 2:28 pm and reconvened the hearing at 2:43 pm.
CASE NUMBER: USR15-0051
APPLICANT: GABRIEL&VEILA ROBLES
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS, TO
INCLUDE AN OUTDOOR ARENA IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3913; BEING PART NE4 SECTION 20, T1 N, R65W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.5 MILES NORTH OF CR 6; WEST OF AND ADJACENT
TO CR 41.
Kim Ogle, Planning Services, presented Case USR15-0051, reading the recommendation and comments
into the record. Mr. Ogle noted that two letters were received to this request. One letter was in
opposition and another letter was without concern. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik stated that since the applicant does not want to increase the
imperviousness of the property, Condition of Approval 1.E and Condition of Approval 1.F.7 could be
removed.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Commissioner Smock asked if the existing structures and viewing stands are permitted. Mr. Ogle stated
that the Building Inspection Department did not require any building permits for the facility and added that
the facility has been operating for two years. Commissioner Hansford asked if this site is in violation. Mr.
Ogle replied no and clarified that this facility was used for personal recreation. He added that the
applicant has applied to use the facility for their club.
Gabriel Robles, 4810 Mountain Princeton, Brighton, Colorado, said that he purchased the property to
have their own arena. He said that the arena was in place when he purchased the property.
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Commissioner Hansford asked if there are wagers placed during events. Mr. Robles replied no; however
there are admission and concession fees.
Commissioner Johnson referred to the Town of Hudson's comments and asked if alcohol will be allowed.
Mr. Robles said that the public can bring their coolers but they are told that there no alcohol is allowed.
Commissioner Jemiola referred to the letters submitted and asked how they will handle the trash. Mr.
Robles said that he personally goes out onto the street to clean the property and ensures that no trash is
able to blow off.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Lori Granberg, 2597 CR 41, stated that there is no trash from the property. She said that they do play
music and it is not disturbing. She is concerned with the road condition. She said that their road has not
been graded since Hudson put in crushed asphalt on the north side of the road. She said that they are
not speaking in support of the activity but more concerned with the lack of maintenance on that roadway.
Ms. Petrik stated that the applicant would be required to enter into a road maintenance and improvements
agreement. Ms. Petrik asked for her contact information for Public Works to contact her regarding her
concern.
Sandra Wollert, 19676 CR 8, said that she is concerned as she has had two cats killed from people trying
to go through her property to get to the rodeo. She added that she has two homes on her property and
young children live in one of the homes and she is afraid that the children will get hit. She said that the
music is loud and doesn't stop.
Lawrence Allen, 2730 CR 41, stated that he lives across from the access. He is concerned with the
maintenance of the road and the amount of traffic to the road.
Robert Grand, 105 Woodward Avenue, Keenesburg, Colorado, stated that he has known the applicant for
six years and has been involved with him on several projects. He added that he has always found Mr.
Robles to be very professional and very straight forward. Mr. Grand said that it is encouraging to see an
agricultural event in Weld County.
Herbert Norton, 357 Birch Street, Hudson, Colorado, stated that he has done business with the applicant
as well as attended some of his events. He added that Mr. Robles is very professional.
George Herrera, 6963 Teller Court, Denver, Colorado, stated that he is retired law enforcement. He owns
a consulting business in security and protection. He was approached by the applicant several months
ago and has been hired to assist him to make sure the process would be in compliance with the law.
Mr. Robles said that they are willing to work with the neighbors on the noise and dust control.
Commissioner Hansford referred to Ms. Wollert's concern of going through her property and asked if he
would be willing to talk to his patrons about this. Mr. Robles said that he would be willing to do that.
Commissioner Smock suggested a portable sign. Mr. Robles said that they try to have events as
invitation only and does not want to advertise it. Commissioner Johnson suggested placing a map on the
invitation on how to access the 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.
Motion: Forward Case USR15-0051 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 Terry Cross.
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
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CASE NUMBER: USR15-0052
APPLICANT: L.E.C CONSTRUCTION LLC
PLANNER: KIM OGLE
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 (CONCRETE CONSTRUCTION COMPANY,
LEC CONSTRUCTION LLC), 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, AND ONE ADDITIONAL
GREATER THAN 16 SF WALL MOUNTED SIGN IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2977; BEING PART SW4SE4 SECTION 19, T5N,
R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 54, APPROXIMATELY 1225 FEET EAST
OF CR 49.
Kim Ogle, Planning Services, presented Case USR15-0052, 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.
Jennifer Petrik, 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.
Landen Cogburn, 144 West 2nd Street, Kersey, Colorado, stated that they are a small concrete
construction business and thought this would be a good location to relocate their business and to grow.
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 USR15-0052 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=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
CASE NUMBER: USR15-0056
APPLICANT: LEE DETTERER
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 (RV AND BOAT STORAGE, AN OFFICE
BUILDING, AND A DUMP STATION) 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 B AMD REC EXEMPT AMRE-984; BEING PART NW4NE4 SECTION 25,
T6N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64.75 AND WEST OF AND ADJACENT
TO CR 23.75.
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Diana Aungst, Planning Services, presented Case USR15-0056, 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.
Scott McBride, 2200 San Miguel Drive, Severance, Colorado, stated that this site will include two Phases.
Phase 1 will include nine acres of open and covered RV and boat storage. Phase 2 will include 12 acres
of open and covered RV and boat storage. Jackie Dilka will be the caretaker of the facility and lives
adjacent to the site.
Mr. McBride stated that there will be a gated entrance, surveillance cameras, and a dump station on site.
They intend to keep the facility clean and maintained.
Jackie Dilka, 31815 CR 23.75, stated that she spoke to the adjacent property owners and said that the
majority of comments were that they wanted the facility to be operated well and the site to be kept clean.
Lee Detterer, 11731 CR 66, Greeley, stated that he is the last farmer in the area. He said that he is
surrounded by Owen-Illinois, Vestas, a railroad maintenance yard and the railroad. He added with this
proposed facility there is no noise, controlled and limited lighting, and minimal traffic.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Ludwick, 11244 Hillcrest Drive, Greeley, Colorado, stated that he lives in the Hillcrest Estates
Subdivision. He said he was here a month ago for the industrial zone change for the rail yard east of this
site and because noise was a big issue, the Board of County Commissioners agreed to add a condition of
approval that a 12 foot berm be placed around that site. Mr. Ludwick asked to consider that a 12 foot
berm be placed around or at least the east side of this proposed facility, to be consistent.
Judy Firestien, 30951 CR 27, said that she is the Secretary and Board Member for Whitney Ditch
Company. She added that they submitted a referral to Weld County late yesterday. She said that
Whitney Ditch has a ditch that runs along the south side and east side of the property. She said that the
Ditch Company wanted to let the applicant know that a crossing agreement will be required if the
applicant will be crossing the ditch to enter the property.
Ms. Aungst said that according to the maps there was no evidence that the Whitney Ditch existed on this
property but according to Ms. Firestien it runs along the south and east side of the property. As a result,
staff requested that a condition of approval be placed in regard to this referral from the Whitney Ditch
Company.
Mr. McBride said that trees will be placed for screening on the east and south sides of the property.
Mr. Detterer didn't have any knowledge of the ditch company's concern. He said he contacted his
attorney and was told to say it is not acceptable. He added that there is a difference between the
Whitney Ditch and the Mercer Lateral. He said the ditch surrounding his property is the Mercer Lateral
and is its own company and is an unincorporated mutual ditch.
Commissioner Jemiola said he can understand the confusion and suggested that the proposed condition
be proposed before the Board of County Commissioners. Commissioners Hansford and Johnson said
that they feel it should be consistent and should attempt to address the issue. Ms. Aungst stated that the
recommended language is "The applicant shall attempt to address the requirements of the Whitney
Irrigation Company, as stated in the referral response dated November 16, 2015. Written evidence of
such shall be submitted to the Weld County Department of Planning Services."
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Motion: Add Condition of Approval as stated by staff, Moved by Benjamin Hansford, Seconded by
Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes =6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Commissioner Johnson stated that he hopes this can be addressed before the County Commissioner
hearing.
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 USR15-0056 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 Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
The Chair called a recess at 4:29 pm and reconvened the hearing at 4:45 pm.
CASE NUMBER: USR15-0050
APPLICANT: TROY BONNELL
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
(STORAGE YARD FOR TANK BATTERY EQUIPMENT) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART W2NW4NW4 SECTION 23, T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 45 AND APPROXIMATELY 1,300 FEET
SOUTH OF STATE HIGHWAY 34.
Chris Gathman, Planning Services, presented Case USR15-0050, 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.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed thepublic water and sanitary sewer requirements, on-site
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dust control, and the Waste Handling Plan.
Troy Bonnell, 26712 CR 45, Greeley, Colorado, stated that they will be good neighbors. He said that he
has communicated with all the landowners around him and added that they have received their support.
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 USR15-0050 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 Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes =6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
CASE NUMBER: USR15-0043
APPLICANT: OSVALDO FRIAS,C/O LUIS ORTIZ
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PLANNER: CHRIS GATHMAN
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, 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 AND A MINERAL
RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE (PARKING OF TRUCKS AND TRAILERS
INCLUDING BUT NOT LIMITED TO VEHICLES ASSOCIATED WITH OIL AND
GAS SUPPORT AND SERVICE ALONG WITH AN OFFICE) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2401; BEING PART SE4 SECTION 23, T4N, R66W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 42; 0.5 MILES EAST OF CR 33.
Chris Gathman, Planning Services, presented Case USR15-0043, reading the recommendation and
comments into the record. Mr. Gathman noted that one letter was received in opposition to this request.
He added that the letter expressed concerns in regard to traffic speeds and the amount of traffic on
County Road 42, loud music on the property and trespassing onto adjacent properties. 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.
Luis Ortiz, 16571 CR 42, LaSalle, Colorado, stated that he uses the property for parking his trucks and
trailers. He has only one(1)full-time employee and one(1) part-time employee.
Commissioner Jemiola referred to the letter regarding noise concerns and asked the applicant to
respond. Mr. Ortiz said that they had a birthday and baptism on the day that the letter refers to and no
more than 20 people were at the house. He added that they had music but it wasn't that loud.
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 USR15-0043 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross.
Commissioner Smock commented that the applicant said he wants to be a good neighbor so if it takes
turning the music down it is probably worth that.
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 5:12 pm.
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Respectfully submitted,
Kristine Ranslem
Secretary
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