HomeMy WebLinkAbout20130242.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 15, 2013
II` 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 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Nick Berryman, Robert Grand.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 18, 2012 Weld County Planning Commission minutes, Moved by
Robert Grand, Seconded by Bill Hall. Motion passed unanimously.
ID` CASE NUMBER
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0064
DAVID & KAYLEEN HUNT, C/O A&W WATER SERVICE, INC.
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B 2ND CORR REC EXEMPT RE -3929; PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO HWY 85 AND SOUTH OF AND ADJACENT TO
CR 40.
II. Diana Aungst, Planning Services, stated that the applicant is requesting withdrawal of this case due to the
change in the market conditions in truck loads and the costs associated with permitting this site.
`' CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0058
TIMOTHY THOMPSON, C/O A&W WATER SERVICE, INC.
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B CORR REC EXEMPT RE -3994; PART SE4 SECTION 6, T3N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO HWY 85 AND NORTH OFAND ADJACENT TO
CR 36.
Diana Aungst, Planning Services, stated that the applicant is requesting withdrawal of this case as
well for the same reasons as stated for the previous case.
Dr CASE NUMBER
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
USR12-0071
RC LAND INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (BUNKER STORAGE OF
EXPLOSIVES UTILIZED IN FRACKING OF OIL AND GAS WELLS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
S2 SECTION 29, T9N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
2013-0242
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LOCATION: NORTH OF AND ADJACENT TO CR 100 AND EAST OF AND ADJACENT TO
CR 27.
Chris Gathman, Planning Services, presented Case USR12-0071, reading the recommendation and
comments into the record. In their referral, the Town of Nunn indicated no conflicts or concerns with their
interests. No emails, phone calls or correspondence were received from surrounding property owners in
regard to this case; however staff has been contacted by some newspapers and also a TV station
regarding this request. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Grand asked how close the nearest residence is. Mr. Gathman said the nearest residence
is approximately 1600 feet from the site.
Heidi Hansen, Public Works, reported on the existing and proposed traffic, access and drainage
conditions and the requirements on site.
I► Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Nick Varra, 48645 CR 29, said that he owns the building at 829 South Highway 85 Frontage Road
which he leases to GEODynamics. He introduced Kevin Carter with GEODynamics.
Kevin Carter, GEODynamics, provided pictures of the magazines that will be stored in the bunker. He
said that these devices are not used in fracking process; however they deliver guns, explosives, and
detonator chord to perforate the well casing prior to the fracking process. The bunkers in the pictures are
built to ATF specifications and provide storage for these explosives. There is no manufacturing of the
explosives on site or in Nunn Colorado. The completed product is stored as components and then
delivered to service companies which are then put together. The guns that are used are stored in Nunn
Colorado because certain explosives need to be segregated. All of the detonators, detonator chords and
shape chargers will be stored in the bunker facility.
Commissioner Hall asked if the applicant was aware of any explosions of this product outside of a well
area. Mr. Carter replied that he is not aware of any explosives since all the components need to be
present to create the explosive.
Commissioner Grand said that he understands that the explosives are not assembled in this storage
facility but inquired what could potentially cause an ignition. Mr. Carter said that the bunkers are
designed to withstand fire and added that if there were a fire it would need to surround it for a week
before it would get inside the bunker facility. He added that in worst case scenario the magazines are
designed that it would explode at the top of the facility instead of the sides.
Nick Varra said that the pad site is a gravel lot that is 100 foot around the facility and will have an 8 foot
chain link fence with barb wire on top for protection. Mr. Carter said that there will be a security system
and motion detectors on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Gary Lefko stated that he lives in Nunn, Colorado. He said that he believes there is a breakdown in the
notification process. They were first aware of the request when driving by the posted yellow sign. Initially
they thought it was for an oil and gas facility but then read the sign and saw explosives. He asked who
retrieves the munitions out of the bunker and are they properly trained in the removal of the munitions
pieces.
Commissioner Maxey asked Mr. Lefko where he lived from the site. Mr. Lefko showed on a visual map
that he lives approximately two (2) miles to the east of the site. Mr. Maxey noted that any landowner
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within 500 feet of the property boundary is notified. Mr. Gathman added that any pending land use case
is also posted on the Weld County Website.
Commissioner Berryman asked if there was anything that Mr. Lefko wished to propose to change. Mr.
Lefko said that his main concern was that he was not notified.
DI" Jean Rouse, 15627 CR 108, stated that they own the adjacent property to the site. She stated that
their concerns are safety and the degradation of the property value. With regard to safety she asked if
the Fire Department is equipped to handle this if there is an explosion. She asked why these explosives
cannot be stored where they are made. In the event of a fire caused by an explosion, she said that their
crops would be lost and wondered who would pay for that loss.
Dr Eric Powers, 321 Roosevelt Ave, Nunn, Colorado, said that he lives over 500 feet and is concerned
with the possibility of a flood. He is concerned that the level of water might seep into the chemicals and
distribute it throughout the land area. He asked if they are planning to build up enough of a barrier
around the bunker to avoid this.
Commissioner Hall asked if this site is located in the floodplain. Ms. Hansen said that there is floodplain
through a portion of the northeast part of the property; however the bunker itself is not located in the
floodplain.
D' Mr. Carter reiterated that the explosives do not have anything to do with fracking processing; rather
it is used prior to the fracking process. The explosives are used for perforating the well casing.
Chemicals are used in the fracking process; however they do not have any chemicals stored in this facility
therefore there should be no concern of it washing into the water. Mr. Carter provided a handout of the
process of perforating the formation in which the explosives are used.
Commissioner Grand asked if the applicant has contacted the Nunn Fire Department. Mr. Carter said
that they have talked to the Nunn Fire Department and he was told that they would respond if there was
an incident. If there are explosives that are actively firing the Nunn Fire Department will not be able to
respond to that according to ATF regulations; however if it causes a grass fire they will respond to that.
Mr. Varra noted that he is a member of the Nunn Fire Department and assured them that they are
equipped to handle any grass fires. He indicated that the Nunn Fire Department is located approximately
% mile from this site.
Commissioner Maxey asked who will be removing or delivering the charges and are they trained to
handle explosives. Mr. Carter said that he will be the only one granted access to the site. He has served
22 years in the Military Infantry and has worked with Halliburton Wireline. He also holds a Blasters Permit
in the State of Colorado.
Commission Maxey asked why these explosives are not stored at the other facility in Nunn. Mr. Carter
said that he cannot store it in Nunn because of the close proximity of inhabitable buildings to the facility.
They can only store up to 50 pounds of explosive charges in this building.
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 USR12-0071 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bill Hall, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
I` CASE NUMBER: PUDZ12-0003
APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC
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PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3
(INDUSTRIAL) USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4915; PART S2SE4 SECTION 35, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 AND WEST OF AND ADJACENT TO
CR 47.
Chris Gathman, Planning Services, presented Case PUDZ12-0003, reading the recommendation
and comments into the record. Mr. Gathman noted that this proposed development will surround an
existing single-family residential property on three (3) sides as well as directly across from two (2)
additional residences. A letter of objection was submitted to the Department of Planning Services from
the surrounding property owner that will be surrounded by 3 sides of the proposed development
expressing concerns of traffic safety, safety of children playing outside, traffic and noise, excessive dust
impacting their livestock, and mosquito control with the proposed retention ponds. Due to the proximity of
residences to the proposed commercial and industrial uses, the Department of Planning Services is
recommending a Landscape and Screening Plan as well as a minimum 50 foot wide outlot to be used as
a Landscape and Screening buffer around the nearest residence.
The applicant is requesting approval of this case as a specific development guide. If approved as a
specific development guide, this case will be administratively reviewed at final plat and will not be
presented before the Board of County Commissioners at a hearing. The specific development guide shall
address, in detail, all proposed uses on site and development delineated in Sections 27-6-30 through 27-
6-110 of the Weld County Code. Section 27-6-50 of the Weld County Code deals with Service Provision
impacts which includes Storm Drainage. The Department of Public Works indicated, in their referral
response dated December 5, 2012, stated that the drainage report was inadequate and that more
detailed drainage report will be required. The report should be a more detailed drainage design with
drawings following the Change of Zone Drainage Report Checklist (the checklist is attached) and should
have preliminary design of all drainage improvements for the subdivision. Depending on the information
submitted, a redesign of proposed drainage features and potentially the internal lot lines and road design
of the PUD may be required. Based on the information provided and the referral comments that have
been received the Department of Planning Services is recommending that the PUD Final Plan application
be reviewed by the Board of County Commissioners at a public hearing.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
DI' Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
the requirements on site. According to the Traffic Study, with development of the first lot in the
subdivision there is expected to be up to 220 trips per day and at full build out there will be over 2600 trips
per day. Therefore these numbers will trigger a north bound deceleration left turn lane on County Road
47 with the development of the first lot and additional turn lanes will be required as the subdivision
develops. Ms. Hansen stated that the applicant submitted a Drainage Report; however it did not meet
their requirements for a Change of Zone Drainage Report; therefore staff will review the report after the
applicant has made their revisions.
I' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Tim Naylor, AGPROfessionals, 4350 Hwy 66, Longmont, CO, stated that he represents Big
Thompson Investments and Dairy Farmers of America. The applicants are requesting an approval of the
Change of Zone from the Agricultural zoning to a 6 lot Planned Unit Development (PUD) with lots ranging
in size from 8 to 10 acres. He added that each lot will be served by an internal unpaved road accessing
from County Road 62. The uses will include any uses allowed within the C-3 through 1-3 zone districts.
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Mr. Naylor said that this location is where the City of Greeley planned for industrial uses as indicated in
their long term land use guidance map. This location is within the Airport Overlay district; therefore there
are height restrictions as well as some limited uses that would interfere with airplane navigation; however
those limitations do not prohibit activity such as oil and gas services or trucking operations as proposed in
the PUD.
Commissioner Grand stated that staff is requiring that the internal roadway be paved; however according
to the application it states that it will not be paved. Mr. Naylor said that they don't feel it is necessary to
pave it because of the minimal amount of lots available to make it financially feasible. He added that they
feel with the heavy traffic it is easier to maintain a dirt road than a paved road. Mr. Grand asked for
Public Works comments. Ms. Hansen read the requirements from Section 27-2-20 and stated that there
are exceptions to the paving however they do not fall within that criteria. Mr. Maxey asked the applicant if
they would be open to paving the first lot and then pave the remaining roadway as development occurs.
Mr. Naylor said that they would agree to that option.
II. The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Kristi Hayden, 22785 CR 62, stated that they are the residence that will be surrounded by the proposed
development. She said that they bought the property three (3) years ago and the airport was in place but
they did not buy the property to be surrounded by an industrial park 3 years later. They have made this
their home and have invested in many improvements on the property. The current truck traffic runs 24
hours a day with their jake brakes from the water depot. They are opposed to this request.
Commissioner Grand asked if they were approached by the applicant to purchase their property. Ms.
Hayden said that they were but according to real estate figures the offer was the lowest offered and they
cannot accept that amount after the investment they put in.
Commissioners Hall and Grand said that the current truck traffic should be brought up to the City of
Greeley since they are utilizing the well from the airport as a water depot. Ms. Hayden noted that their
neighbor to the south and east counted the water trucks on the road and it was up to 500 trucks per day.
She added that there have been mornings where she can't get out of her driveway because the trucks are
stacked up on the roadway.
Commissioner Maxey asked if there were other concerns that could be mitigated if this is approved. Ms.
Hayden said paved roads, maintained landscaping, and drainage control. Todd Drommund, 22875 CR
62, added that an alternate entrance might be considered. He asked if it could possibly be moved to
access from the east side of the development off of County Road 47 instead.
Dennis Hoshiko, 28607 CR 50, Kersey, stated that he owns property north of this site and is
concerned with the traffic flow on County Road 47. He also noted the drainage issues at the intersection
of County Roads 47 and 62. He pointed out that the stormwater drainage as well as irrigation water
drains down to this intersection. He added that there may be a significant amount of improvements to this
intersection to address the drainage problems.
Ir Commissioner Maxey mentioned the consideration of moving the access to the eastern side of the
development and asked if that could be an option. Ms. Hansen said that they will need to look at it since
County Road 47 is an arterial roadway and isn't sure if they would be able to meet the spacing
requirements from the existing intersection.
Mr. Naylor said that DFA is currently operating trucks on 8'h Avenue so the truck traffic in the immediate
area is already there, although it is not on County Roads 47 and 62. He said that Ms. Hayden indicated
that there were 500 trucks going to the Greeley water depot and that amount of traffic should have
triggered the improvements for that intersection. Mr. Naylor said that they would like to continue to work
with Mr. Drommund and Ms. Hayden to acquire their property.
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Commissioner Maxey referred to the landscaping concern noted by Ms. Hayden. Mr. Naylor hopes to
acquire that property but said that they are willing to do the required landscaping. He doesn't feel that it
would fully mitigate Ms. Hayden's concern regarding noise but they will do their best.
Mr. Naylor said that with regard to drainage they are required to release at the 5 year rate and added that
it should help with the drainage problems in the area.
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.
Commissioner Grand said that he respects property rights and supports new industrial development
but increasingly we are running into situations where citizens are running up against a very strong
corporate development project that basically leaves them helpless. He added that he supports fair
treatment to the citizens of Weld County. He believes that the City of Greeley water and truck activity is a
travesty and should be taken to task.
Commissioner Elliott said that he is sympathic as well for the situation that they are in and hopes that the
developer can factor in increased value and come up with an equitable offer that everyone is happy with.
Commissioner Berryman said that the City of Greeley certainly has some role to play here and mentioned
that this may be a second avenue of possible purchase of this property as well.
D° Motion: Forward Case PUDZ12-0003 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 Mark Lawley, Seconded by Bret Elliott.
Vote: Motion passed (summary: Yes = 7, No = 2, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman.
No: Bill Hall, Robert Grand.
Commission Hansford agreed with the previous comments with regard to individuals being run over by
the corporations in certain aspects and believes that they should work a lot harder to make these things
work before coming to the Planning Commission.
Commissioner Smock concurred with Mr. Hansford's comments.
Commissioner Jemiola agreed with Mr. Hansford's comments as well.
Commissioner Hall said that he voted no because he cannot in good conscious vote yes leaving these
citizens hanging out there.
Commissioner Grand agreed with Mr. Hall.
Commissioner Maxey said that this is a difficult case to hear and hopes that something can be worked out
regarding the purchase price. He added that if this case is approved he recommends that the west
access is used for emergency purposes only.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
I" The Chair asked the Planning Commission members if there was any new business to discuss. Mr.
Grand asked Mr. Yatabe if he could follow up with their question from the last meeting regarding oil
refineries. Mr. Yatabe recommended that that Planning Commission send a representative to a Board of
County Commissioners work session for consideration or to go forward as private citizens to the Board of
County Commissioners. In addition, he suggested that if the Planning Commission intends to send a
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representative that they collectively shape a plan for the County Commissioners to consider. Mr. Grand
requested that this topic be placed on the February 51h agenda.
Meeting adjourned at 3:54 pm.
Respectfully submitted,
�%J Digitally signed by Kristine Ranslem
iiIpCQ/�l Date: 2013.01.1809:54:31-07'00'
Kristine Ranslem
Secretary
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