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HomeMy WebLinkAbout20142278.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 15, 2014 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, Mark Lawley, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Wayne Howard and Jennifer Petrik, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. DS' Motion: Approve the July 1, 2014 Weld County Planning Commission minutes, Moved by Jason Maxey, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: USR13-0029 APPLICANT: RONALD HULSTROM PLANNER: Tiffane Johnson REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SpeCIAL REVIEW PERMIT FOR A 130 FOOT TELECOMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2502; PART S2NW4 SECTION 22,FIN, R68W of the 6th P.M.,Weld County,Colorado. LOCATION: EAST AND AJDACENT TO CR 7; APPROXIMATELY 1300 FEET SOUTH OF ERIE PARKWAY (CR 8). Diana Aungst, Planning Services, stated that the applicants wish to withdraw their request for a 130 foot telecommunication tower. CASE NUMBER: USR14-0018 APPLICANT: CKG INCORPORATED, C/O CHAD GOENS 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 (an office building, a dump station, seven buildings for mini-storage as well as indoor RV and boat storage, approximately 42 covered&404 outdoor spaces for the storage of RVs, boats with and without trailers,ATVs, vans, stand-alone campers, motor homes, 5th- •tCYYovitI'U C�Qno 2014-2278 wheel trailers, small-, medium-, and large-pick-up trucks with or without attached campers, and other similar items including industrial and/or commercial vehicles, heavy equipment, and & materials) 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: S2SE4NW4SE4/E2SW4SE4 SECTION 27, T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 4 and approximately 0.6 miles east of CR 31. ® Diana Aungst, Planning Services, presented Case USR14-0018, reading the recommendation and comments into the record. Ms. Aungst noted that one (1) phone call was received from a surrounding property owner concerned for her horses and decrease in property value. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. W Jennifer Petrik, Public Works, 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. Ms. Light suggested removing Condition of Approval 6.A as the applicant is proposing to install the septic system in Phase 2. ID' Chad Goens, 15281 Wagon Wheel Drive, Brighton, Colorado, stated that he plans to construct the site in phases with Phase 1 beginning with outdoor storage. Phases 2 and 3 will include drilling the well and staffing a full-time employee on site. Commissioner Maxey asked the applicant what his thoughts were regarding the future closed access to Highway 85 from County Road 4. Mr. Goens said it is a bad intersection and expects the majority of the traffic for this proposed site to come from County Road 2 and County Road 4 and down County Road 31 as that is where the high-density housing is located. Commissioner Maxey asked staff if Weld County has an Intergovernmental Agreement with the City of Brighton. Ms. Aungst stated that there is no Intergovernmental Agreement with the City of Brighton; however a referral was sent to them. She added that the applicant did visit with the City of Brighton on the access and other concerns. Mr. Goens said that he did talk with Brighton regarding annexation and they indicated that there is no water and sewer currently available to this site. DIP The Chair asked if there was anyone in the audience who wished to speak for or against this application. Claire Scavello, 16859 CR 4, stated that County Road 4 is a narrow two-lane road with 55 mph speed limit. She is concerned with large vehicles traveling at that speed as well as the weight limit of these vehicles. Additionally, she is concerned about contamination to well water and surface water from this facility, as well as noise, hours of operation, and air pollution from the vehicles. She asked if they will be allowed to work on their motor homes at this site and is concerned with the leakage of fluids onto the ground. She is worried about decrease of property values. p' Tom Gray Elk Rael, 15147 CR 4, stated that he lives approximately 0.5 miles west of this site. He purchased this property in 1993. He feels that this facility should be located along commercial corridors and not in this rural area. ® The Chair asked if the storage owners would be allowed to work on their vehicles. Mr. Goens stated that they would not be allowed to work on any vehicles or store any derelict vehicles on site. The Chair asked staff about the drainage design on site. Ms. Petrik stated that the applicant is required to construct a detention pond that has water quality embedded in the design and will collect any sediments or debri before leaving this property. Commissioner Maxey asked the applicant if he has met with the closest residence. Mr. Goens said that he had talked with them prior to purchasing this site and showed them his designs of the facility. In response to Commissioner Wailes inquiry regarding the letter submitted from Anadarko, Mr. Goens said that this was just brought to his attention last week and added that he has been meeting with Anadarko and working with them. He added that Anadarko has requested that he delay a portion of the development so that they can drill and add tanks. He further added that they are to submit their designs to him. Motion: Delete Condition of Approval 6.A as recommended by Staff, Moved by Jason Maxey, Seconded by Benjamin Hansford. 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. P. Motion: Forward Case USR14-0018 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval, Moved by Benjamin Hansford, Seconded by Joyce Smock. Vote: Motion carried by unanimous roll call vote(summary: Yes= 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. ID'CASE number USR14-0010 APPLICANT: VIVIAN BEST PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (Vehicle and Equipment Parking and Staging for a Landscape Maintenance AND INSTALLATION Business), 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: PART SW4 SECTION 18,T6N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to State Highway 392 and approximately 1,500 feet west of CR 27. Chris Gathman, Planning Services, presented Case USR14-0010, 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. Mr. Gathman noted that he handed out a letter submitted from a surrounding property owner to the applicant. Mark Lawley wished to recuse himself from this case since he is a family friend to the adjacent property owner to the west. Jennifer Petrik, Public Works, 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. Ms. Light noted that Development Standards 14 and 15 were inadvertently added and are not required for this case; therefore she recommended that they be deleted. Commissioner Maxey noted that Development Standard 3 may be in conflict with CDOTs referral which states that if there are up to 12 employees then no requirements are necessary. Ms. Light stated that Development Standard 3 is a Planning Department comment and not Environmental Health. Mr. Gathman said that Development Standard 3 may be deleted if it is in conflict with Health Department Policy. Ed Terrazas, 12437 Hwy 392, and Vivian Best 12437 Hwy 392. Mr. Terrazas stated that they are currently in violation. He is proposing to park vehicles and landscape materials on three-quarters of the property. The employees arrive in the morning and leave again and do not return until the end of the day. No customers come to the site. Commissioner Hansford asked how long the applicant has operated from this site. Mr. Terrazas said that he has operated from this site for 7 years and hasnt received a complaint. Commissioner Berryman referred to the letter handed out by Mr. Gathman and asked if he has talked to his neighbor. Mr. Terrazas stated that he received this email 4 days ago and wished to present it to the Planning Commission. He added that all of his vehicles are licensed and insured and the drivers have current drivers license. Additionally, he said that this was the first he heard that the neighbor wished to have him place a fence on the neighbors property. Commissioner Sparrow noted that during the snowplow season, the hours of operation might be hard to keep to. Mr. Terrazas said that was a good point and said that they are usually out after those hours to get a plow truck. DI' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Carol Kunz, 12435 Hwy 392, stated that she sent the email to Mr. Terrazas. She said that she listed her concerns in the email and emphasized the overuse of the access, number of vehicles and lack of privacy. She said that she is not opposed to progress but wished to see the impact of the business lowered. Mr. Terrazas said that the maintenance of the access road is maintained by Mr. Walkusch. He added that Mr. Walkusch and himself have purchased crushed asphalt to put on the access road. He further added that Mr. Kunz, Mr. Walkusch and himself have all maintained it. Mr. Terrazas said that he does not tolerate high speeds on that access road. He added that if he catches his employees doing it they will be reprimanded. He understands that kids are in the area and said that the speeds need to be maintained. Commissioner Berryman asked if he had any comments regarding Ms. Kunzs statement that her hedge doesnt cover the traffic impact. Mr. Terrazas said that he has done everything to screen his business and doesnt feel that the fence on her property is his responsibility. He added that all of the landscaping business is located east of his residence, which is obscured from Ms. Kunzs property. Commissioner Maxey asked if it wouldnt be in his best interest to accommodate the neighbors concern by installing something within the easement. Mr. Terrazas said that he doesnt know if it is to accommodate her privacy or if it is related to dust control. Commissioner Smock asked the applicant if he has checked into obtaining an access on the eastern portion of his property from Highway 392. Mr. Terrazas said that he was told that CDOT is not allowing any additional accesses to Highway 392. Commissioner Sparrow asked if there was a change in the applicants business that brought about this complaint. Mr. Terrazas said that approximately 3 years ago they received a complaint and moved out to another location and ended up with a bad renter and then moved his business back to his property. He said that if he grows past the proposed 12 employees he will move to another location. Motion: Delete Development Standard 3 and renumber accordingly, as recommended by Staff, Moved by Benjamin Hansford, Seconded by Joyce Smock. Motion carried unanimously. Motion: Delete Development Standards 14 and 15 as recommended by Staff, Moved by Benjamin Hansford, Seconded by Joyce Smock. Motion carried unanimously. Mr. Gathman suggested amending Development Standard 4 to read "Off-site employee and work vehicles access hours shall be Monday—Friday from 7:00 am to 5:30 p.m. as stated by the applicant(s). These hours do not apply to seasonal snowplowing operations associated with the business." Mr. Gathman added that to handle the concern of traffic impact, according to the applicant they stated that they will have 12 employees. He suggested that we can add a development standard that states only 12 employees will allowed on the site. Commissioner Maxey opened it up for public comment regarding the snowplow hours. Carol Kunz, 12435 Highway 392, said that the proposed language as stated will be fine. Motion: Amend Development Standard 4 as stated by Staff, Moved by Benjamin Hansford, Seconded by Bruce Sparrow. Motion carried unanimously. Mr. Gathman suggested adding a new Development Standard 5 to read "The number of off-site employees accessing the site shall not exceed 12 employees." Motion: Add Development Standard 5 as recommended by Staff and renumber accordingly, Moved by Joyce Smock, Seconded by Bruce Sparrow. 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. r Motion: Forward Case USR14-0010 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote(summary: Yes= 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Commissioner Sparrow understands that the business started 9 years ago and was moved from the site and then was brought back to the property with an increase in business. He said he voted in favor of it with some difficulty. Commissioner Wailes stated that the solution is there if the neighbors can come together and find a better way of moving traffic through the properties. He doesnt believe that the applicant is solely responsible for traffic issues on the access as it sounds like the issue is coming from the neighbor to the north. Commissioner Smock encouraged the applicant to pursue an access from Highway 392. Commissioner Berryman commented that it is a difficult situation but believes that there are potential solutions by creating another driveway utilizing the current access. Commissioner Maxey said that it is an unfortunate access issue and added that there may be potential solutions to providing access. commissioner Maxey called a recess at 3:31 pm and Chair Lawley reconvened the hearing at 3:43 pm. r CASE NUMBER: USR14-0025 APPLICANT: AKA ENERGY GROUP, LLC PLANNER: Chris Gathman REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (12-INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 16 MILES IN LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: Located in Sections 27 and 33, T5N, R64W; Sections 4, 5, 6, 7, 17, 19, 20, 30, T4N, R64W; Sections 25, 26, 27, 31, 32, 33 34, T4N, R65W; and Section 36, T4N, R66W; all located in the 6th P.M., Weld County, Colorado. LOCATION: East of CR 35; West of CR 57; North of CR 38; South of CR 54. ® Chris Gathman, Planning Services, presented Case USR14-0025, stated that staff is requesting a continuance of this case to the August 5, 2014 Planning Commission to comply with the legal notice to include a map. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 11 Motion: Continue Case USR14-0025 to the August 5, 2014 Planning Commission hearing, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Motion carried unanimously. CASE NUMBER: USR14-0024 APPLICANT: TERRY WIEDEMAN, do Aka Energy Group,LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility(Unmanned Compressor Station facility) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: PART LOT D AMD REC EXEMPT AMDRE-4022; PART W2 SECTION 29,T4N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: East of and adjacent to State Highway 60 and north of and adjacent to CR 40. Commissioner Berryman noted that he has an existing business relationship with the landowner and wished to recuse himself. M' Chris Gathman, Planning Services, presented Case USR14-0024, 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 Maxey asked if there was any concern with the access agreement given the issues with the last case we heard. Mr. Gathman said that there is a condition of approval that an Access Easement Agreement needs to be in place prior to recording the plat. He added that the applicant may be able to answer this question as well. DID' Wayne Howard, Public Works, 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. Ms. Light stated that the Air Emissions Permit requirement was inadvertently left off of the staff report and would like to request to have that added under Condition of Approval 1.D. Additionally, she stated that Development Standard 8 does not apply to this case and can be deleted, Development Standard 7 should be amended to include "or with all applicable State noise statutes and/or regulations" to the end of the existing sentence. O" Matt Wall, 89 Kinosha Court, Durango, Colorado, stated that this request is for a remote compressor station. He added that Aka Energy Group, LLC will be gathering natural gas from surrounding wells that are to be drilled. These wells are currently under construction. Commissioner Maxey asked if the access easement agreement might become an issue. Mr. Wall stated that they have discussed what their expected traffic will be into the facility with the current landowners. A normal life expectancy for running this compressor station is 10 to 15 years and doesnt expect any issues as it appears that the family members of the current landowner will remain as owners. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ms. Light recommended adding Condition of Approval 1.D to state "The applicant shall submit evidence of an Air Pollution Emission Notice and Emissions Permit Application per the Air Pollution Control Division Colorado Department of Health and Environment to Environmental Health Services Division of the Weld County Department of Public Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements." Motion: Add Condition of Approval 1.D as stated by Staff, Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. Motion: Amend Development Standard 7 to include"or with all applicable State noise statutes and/or regulations" at the end of the sentence, Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. Motion: Delete Development Standard 8, per staff recommendation, Moved by Jason Maxey, Seconded by Jordan Jemiola. Motion carried unanimously. Motion: Amend Condition of Approval 6 to read "Within 6 Months Prior to Operation, Moved by Jason Maxey, Seconded by Jordan Jemiola. 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. Motion: Forward Case USR14-0024 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval, Moved by Jordan Jemiola, Seconded by Jason Maxey. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes. Excused: Nick Berryman. Commissioner Maxey commented that he is concerned about the access. CASE number: COZ14-0003 APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC PLANNER: Chris Gathman REQUEST: Change of Zone from the A(Agricultural)Zone District to the I-3(Industrial)Zone District. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4915; PART S2SE4 SECTION 35,T6N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: North and South of CR 62 and east of and adjacent to CR 47. Commissioner Berryman stated that he has an existing business relationship with the applicant and wishes to recuse himself from this case. ® Chris Gathman, Planning Services, presented Case COZ14-0003, 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. DO Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. D' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Light said that since this site is less than 5 acres in size Condition of Approval 3.L may be deleted. Additionally, the portion of Condition of Approval 3.M which specifically states"creates more than a 25-acre contiguous disturbance," may be removed. Tim Naylor, AGPROfessionals, 3050 67th Ave, Greeley, stated that this site is currently surrounded by industrial uses and is best served to be industrial property. He noted that the Airport Authority was here today to ensure that no structures were over 50 feet in height. Mr. Naylor said that they dont anticipate having structures on site that are more than 50 feet in height. He added that this site is in a pre-annexation agreement with the City of Greeley to annex these properties after three years. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. D" Motion: Delete Condition of Approval 3.L, Moved by Benjamin Hansford, Seconded by Jason Maxey. Motion carried unanimously. Motion:Amend Condition of Approval 3.M by deleting the following language"creates more than a 25- acre contiguous disturbance", Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Conditions of Approval and if they are in agreement with those. The applicant replied that they wish to request some minor amendments. Mr. Nayor requested that Conditional of Approval 3.G be amended by replacing "needs to" with "may" as they believe upon Site Plan Review there may be mitigating circumstances that would not require them to have an on-site Geotechnical Report submitted. Mr. Gathman stated that staff is in support of this request. Motion: Amend Condition of Approval 3.G by replacing "needs to" with "may", Moved by Jason Maxey, Seconded by Jordan Jemiola. Motion carried unanimously. Mr. Naylor requested the same amendment to Condition of Approval 3.C by replacing "needs to" with "may" as generally they submit a Master Drainage Report with PUDs and would anticipate submitting a Drainage Study or Drainage Narrative depending on the use of the site. Mr. Gathman stated that staff is in support of this request. Motion: Amend Condition of Approval 3.C by replacing "needs to" with "may", Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion carried unanimously. Mr. Naylor referred to Condition of Approval 3.O which states that"The historical flow patterns and run- off amounts will be maintained" and stated that this is determined at a Site Plan Review process as they might not be able to maintain the historical flow patterns. Ms. Petrik stated that this standard comment has been modified quite a bit in the past year and this is what the County Commissioners were comfortable with. She suggested keeping this as a standard comment for all projects. Mr. Naylor stated that Ms. Petriks explanation satisfied their concerns and is happy to leave it in the staff report. 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 COZ14-0003 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval, Moved by Jason Maxey, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes. Excused: Nick Berryman. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. O► The Chair asked the Planning Commission members if there was any new business to discuss. Commissioner Maxey suggested having a discussion regarding shared accesses and how we can make them less prevalent and mare consistent in the future. Jason Maxey presented a plaque of recognition to Mark Lawley for his years of service on the Planning Commission. Everyone expressed their appreciation for Mr. Lawleys time and service. Mr. Lawley stated that it has been his honor in serving and appreciated working with all the Staff and the Planning Commission. Meeting adjourned at 4:35 pm. Respectfully submitted, Digitally signed by Kristine yart. Ranslem Date: 2014.07.21 07:38:48 -06'00' Kristine Ranslem Secretary Hello