HomeMy WebLinkAbout20133473.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 3, 2013
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.
Absent/Excused: Bret Elliott.
Also Present: Diana Aungst, Michelle Martin and Tom Parko, Department of Planning Services; Don
Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe and Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 19, 2013 Weld County Planning Commission minutes, Moved by
Jason Maxey, Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0048
MICHAEL BOULTER, C/O JIM BEAUREGARD
DIANA AUNGST
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 (OUTDOOR STORAGE OF ROAD BASE,
PARKING OF EMPLOYEE VEHICLES, AND PARKING AND STORAGE OF
COMMERCIAL VEHICLES AND EXCAVATION EQUIPMENT) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -4971; PART S2NW4 SECTION 27, T5N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 43; APPROXIMATELY 0.25 MILES SOUTH
OF CR 54.
Diana Aungst, Planning Services, presented Case USR13-0048, 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.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll requested deletion of Condition of Approval 1.C.11 as the applicants are
showing the water quality feature on the plat map.
L.> Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Jim Beauregard, 19531 E 195'" Ave, Hudson, Colorado, stated that he has been using this site as a
staging area for his equipment. He added that they requested to operate 7 days per week but typical
normal hours of operation are 6 days a week.
Commissioner Wailes asked how long he has been operating at this location. Mr. Beauregard said that
he has been working from this location for 4 years.
aqui/ant/di '6'n
l2-i&-I3
1
2013-3473
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: Delete Condition of Approval 1.C.11 as stated by staff, Moved by Benjamin Hansford,
Seconded by Jason Maxey. 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.
I%' Motion: Forward Case USR13-0048 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 Jordan Jemiola, Seconded by Nick Berryman.
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.
J CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-14
BOB CHOATE
WELD COUNTY CODE ORDINANCE #2013-14, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC
WORKS, CHAPTER 17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS,
OF THE WELD COUNTY CODE.
4> Bob Choate, County Attorney, introduced Ordinance 2013-14. Mr. Choate presented the proposed
code changes to Chapter 23 relating to vacation of right-of-ways. This affects multiple chapters in the
Weld County Code and added that this allows the Board of County Commissioners to vacate a public
road right-of-way pursuant to statute instead of through a resubdivision process.
Commissioner Maxey referred to Section 17-7-20.A and asked if one interested landowner can initiate the
vacation for the subdivision or is it per parcel owner. Mr. Choate said that it is designed that one single
landowner can apply for the entire subdivision but there are many safeguards built in to ensure that it is
the will of any landowner that would be affected. Mr. Maxey asked what happens if some of the
neighbors do not want to vacate the right-of-way. Mr. Choate said it would be up to the BOCC discretion
of what to vacate and what not to vacate. He describes this as a quit claim deed where the County
doesn't own the land they own the public right-of-way and what they are doing is essentially quit claiming
their interest in the public right-of-way.
Commissioner Maxey referred to Section 17-7-20.B and said that the Clerk to the Board is going to mail
notice to persons owning land adjacent to the roadway to be vacated and asked if it should read the road
right-of-way to be vacated. Mr. Choate said that was a good catch and will make the change.
Lk'' Motion: Forward Ordinance 2013-14 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Jason Maxey, Seconded by Bruce
Sparrow.
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.
J CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-15
MICHELLE MARTIN
WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE.
Michelle Martin, Planning Services, introduced Ordinance 2013-15. Tom Parko, Planning Director,
said that there was a lot of staff time and discussion with the oil and gas industry. He added that these
2
discussions started about one year ago. Mr. Parko said that a lot of companies are consolidating their
drilling pads with their wells, tanks, heater treaters, separators, etc. into a single location. Encana
proposed a facility like this by County Road 1 and County Road 34 with 80 tank batteries in an isolated
area. So staff began to discuss this with the Board of County Commissioners and they decided to form a
working group to talk with the industry and discuss the potential impacts and mitigate those concerns. As
a result from these working group discussions staff is presenting these proposed code changes relating to
these kinds of oil and gas facilities. Mr. Parko said that it is not intended to hit them with more regulations
but it is a way to address mitigating some of the big issues or concerns up front.
Commissioner Lawley asked if a public hearing would be involved. Mr. Parko said that the Colorado Oil
and Gas Conservation Commission (COGCC) does the notification according to their rules.
Ms. Martin said that currently the Weld County Code allows these facilities as a Use by Right in the
agricultural zone district; however they need to obtain the necessary building permits and road access
permits. Ms. Martin provided an outline of the proposed process in which these facilities would be
required to follow to mitigate concerns. She said that the current process will apply if you plan on having
less than 12 tanks. However, once there are more than 12 tanks the applicants will need to submit a
Long Range Development Plan and will need to be approved by the Board of County Commissioners.
This Long Range Development Plan will include an Emergency Management Plan and Best Management
Practices. If the applicants do not have a Long Range Development Plan approved by the Board of
County Commissioners then they will need to follow the Site Plan Review Process for oil and gas
facilities. Alternatively, if there is a Long Range Development Plan then staff would look at where the
production facility is located. If it is located in an area designated "Not Prime Farmlands" they have the
potential to install more tanks and would not need to go through the Site Plan Review process as long as
they are using Best Management Practices outlined in their Long Range Development Plan.
Commissioner Lawley expressed concern regarding the impacts to the surrounding property owners and
that they don't have a process to mitigate their concerns. Mr. Parka believes that the State has a public
process in which they take comments. Mr. Lawley stated that he agrees with the concept but doesn't
think that the State looks at it in the detail that the County will look at it. He added that he is looking into
the future so that the citizens can have a mechanism to have their concerns voiced. Kim Cooke,
Anadarko, clarified that there is a 500 foot notification from the structures so depending on where the
location is it may not affect the density of the state regulation instead of the broader notice requirements.
Commissioner Berryman said that he expresses the same concern because they don't know what the
public process is. Bob Choate, County Attorney, said that the voice you are concerned with is the same
voice that we have heard but we don't have the ability to control that one way or the other since it is a
State regulation. He added that the Best Management Practices are approved by the Board of County
Commissioners on an annual basis. Commissioner Lawley believes that there should be a public
process. Mr. Parko said that they will take this under advisement and present it to the Board of County
Commissioners.
Commissioner Maxey commented that the advantages of these changes are that you are down to 1 site
and not impacting as many property owners. However, he asked that if this is a Use by right in Weld
County, does the County even have the right to do this if everything is going through the State process.
Mr. Choate replied that Weld County does have the right.
Mr. Parko asked for clarification if they want the surrounding property owners notified only if a Site Plan
Review is submitted because he anticipates that 90% of these facilities will not be going through Site Plan
Review process. Commissioner Jemiola agreed with the proposed code changes and feels it is a good
plan. Mr. Lawley agrees that it is a great plan to consolidate these facilities and it will be a lot easier to
manage but his concern is how the adjacent property owners will be represented.
Commissioner Maxey asked what the fee would be. Ms. Martin said that they are looking to charge $500
with a 15 day referral with internal county referrals. Mr. Maxey asked how many of these facilities are in
and how many do they plan to construct. Mr. Parko said that several have already been implemented
and they foresee several more. Mr. Maxey asked if this is something that the County wants to take on
given the small amount of time and fee since the State regulates these facilities. Ms. Martin said that it
gives staff the ability to work with the applicants on best management practices.
3
The Chair asked if there was anyone in the audience who wished to speak for or against this request.
Troy Swain, Petroleum Development Corporation (PDC), 3801 Carson Avenue, Evans, Colorado, stated
that they attended a County Commissioner work session on November 4, 2013 regarding this change.
He said that PDC has not been involved with the stakeholder process and added that PDC is the third
largest leaseholder and producer in Weld County. PDC representatives requested a meeting with staff on
November 22, 2013 where they received more details and some draft versions of this proposed code
change. Mr. Swain said that they expressed some concerns with the drafts and the timing of the process
and not being included in the initial stakeholder process. He added that they appreciate the cooperative
relationship and support the industry has experienced in the past. Based on the compressed timeline
they request that this decision be delayed until they have an opportunity to fully evaluate this proposed
code change and provide comments during the stakeholder meeting on December 1e with all potentially
affected operators before the rule making process continues.
Commissioner Maxey asked how many of these large facilities PDC has. Mr. Swain said that they have
typically up to 16 tanks on 1 site. Mr. Maxey asked if they have a Long Range Development Plan with
Weld County. Mr. Swain replied no. Mr. Maxey asked how they mitigate landowner concerns. Mr. Swain
said that they try to place the facilities so to conserve prime ag land and that it is compatible with the
surrounding area. He added that they are cognizant of how many residences are in the area and try to
push it back further on the property.
Commissioner Lawley offered that maybe the company could have a neighborhood meeting with the
affected surrounding property owners.
The Chair asked what the thoughts were on the request to continue this. Mr. Parko said that they didn't
intend to leave out PDC and added that we have sent out invitations to all of the oil and gas industry to
attend an informational meeting. Mr. Parko said that there is no deadline on when this ordinance needs
to be approved.
Motion: Continue Ordinance 2013-15 to the December 17, 2013 Planning Commission hearing,
Moved by Jason Maxey, Seconded by Jordan Jemiola. Motion carried unanimously.
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.
Commissioners Maxey, Jemiola and Hansford inquired on why we accept anonymous complaints. They
felt that complaints need to be submitted with their name. Mr. Parko said that this is a policy directed by
the Board of County Commissioners. The Planning Commission will ask the County Commissioners
about this policy at the next luncheon.
Commissioner Wailes asked Kim Cooke, Anadarko, what benefit they see with this proposed code
change regarding the oil and gas facilities. Ms. Cooke said that they want to maintain their partnership
with Weld County and through this process they understand what the County wants to see from them.
The key thing is to open communication and to work with Weld County.
Meeting adjourned at 4:03 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
�Yt . Date: 2013.12.05 13:33:39 -07'00'
Kristine Ranslem
Secretary
4
Hello