HomeMy WebLinkAbout20130920.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 2, 2013
1> 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.
C> Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley.
Absent/Excused: Nick Berryman, Robert Grand.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
C> Motion: Approve the March 5, 2013 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0003
DENNIS KESSLER
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 (INDOOR AND OUTDOOR STORAGE OF
EQUIPMENT FOR A CONSTRUCTION AND A CONCRETE CONSTRUCTION
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.
LOT B REC EXEMPT RE -3758; PART SW4 SECTION 32, T6N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 62 (CROSSROADS BLVD); EAST OF
AND ADJACENT TO CR 15.
• Diana Aungst, Planning Services, presented Case USR13-0003, reading the recommendation and
comments into the record. Ms. Aungst stated that one letter from a surrounding property was received
and it stated that the outdoor storage proposed is not consistent with the development proposed to the
west (Water Valley West) and is not consistent with the Windsor Comprehensive Plan or the future plans
to connect O Street to Crossroads Boulevard. Ms. Aungst stated that currently the land to the west is
vacant land and the uses shown on the plan for this property is an 89.7 acre private park with uses such
as an amphitheatre, equestrian center and sports facility. She added that the applicant is proposing to
screen any outdoor storage with a 6 foot metal fence and new landscaping. Ms. Aungst read the referral
comments from the Town of Windsor and the City of Greeley into the record. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
C> Don Carroll, 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.
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D Dennis Kessler, 7075 CR 62, stated that he would like to operate a small scale concrete business.
Some of the equipment is stored on site and consists of pickup trucks with trailers and there may be
forms on the trailers. Most of the equipment is at the job site and will travel to other job sites.
Mr. Kessler added that he feels the two buildings are agricultural in nature and would blend well with the
proposed equestrian center to the west.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Patrick McMeekin Water Valley Land Company, 1625 Pelican Lakes Point, stated that they are the
landowners to the north and west of this proposed site. He provided a copy of the approved Master Plan
for the development to the west that has been on file with the Town of Windsor since March 2011. Mr.
McMeekin stated that sewer from the Town of Windsor is proposed to come across the subject property
and provide sanitary sewer to the Water Valley West development. He requested denial of this USR as it
is inconsistent with the Town of Windsor Comprehensive Plan and the Master Plan for Water Valley West
development. Mr. McMeekin stated that the handout provides a development plan for the entire 1100
acres. The private park serves the whole region and would consist of a proposed equestrian center,
sports fields, and children playgrounds.
Mr. McMeekin stated that since the Town of Windsor issued just under 500 building permits in the last
year they believe that essentially this development is a viable project in the next year to two years.
Mr. McMeekin added that they sent a response to Ms. Aungst dated February 19, 2013 stating their
concerns with nonconformance of this USR and have not heard from Mr. Kessler.
E> Mr. Kessler said that he was never approached, called or mailed by Mr. McMeekin or Martin Lind,
the landowner. He was never approached about his input with the development to the west or the
vacation and annexation of County Road 15. He has owned this property for a number of years and has
had an approved access to the site six or seven years ago when he subdivided the property.
Mr. Kessler said that he understands that this is an approved plan for Water Valley but after talking with
the Town of Windsor this morning, there is no sewer line approved to date. He believes that the
engineering and construction of the sewer line would take about 1 year so he feels that the development
would not be built in 3 to 5 years.
Mr. Kessler stated that the buildings are agricultural oriented so even if this application is not approved
the buildings are allowed. He is willing to do whatever landscaping is required.
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.
D Motion: Forward Case USR13-0003 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 = 5, No = 2, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Joyce Smock, Mark Lawley.
No: Bill Hall, Jordan Jemiola.
Commissioner Hall commented that he felt this is not compatible with the surrounding homes and the
Windsor Comprehensive Plan.
Commissioner Lawley commented that Mr. Kessler has the right to do what he wants with his land as long
as he meets the County's requirements. Mr. Lawley added that he has met those requirements and
added that Water Valley has the opportunity to purchase the land from Mr. Kessler if they desire to further
their development.
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Commissioner Maxey concurred with Mr. Lawley's comments and added that he believes the applicant,
through the development standards and conditions of approval, can easily make this site compatible. He
added that he has driven past this site and never knew that this business was located there.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR13-0005
DCP MIDSTREAM
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1)
GREATER THAN 10 -INCH NATURAL GAS TRANSMISSION PIPELINE AND
ASSOCIATED FACILITIES [1 MILE LENGTH]) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LOT D REC EXEMPT RE -4136, PART SE4 SECTION 36, T5N, R65W; LOT B
REC EXEMPT RECX12-0034, PART SE4 SECTION 31, T5N, R64W;
S2N2SW4/N2S2SW4 SECTION 31, T5N, R64W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
WEST OF CR 51; NORTH OF CR 50; SOUTH OF CR 52; EAST OF CR 47.
• Kim Ogle, Planning Services, presented Case USR13-0005, 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 public right-of-ways, crossings, 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.
• Patrick Groom, attorney representing DCP Midstream, 822 7th Street, Suite 760, Greeley, Colorado,
stated that this is the last piece of the puzzle for the LaSalle Gas Plant expansion permitted under USR-
1792. This pipeline is for the residue gas after natural gas has been processed through the plant that is
delivered to the interstate gas pipeline.
In response to the Commissioners inquiries, Mr. Groom stated that the gas line is a 12 inch pipeline. The
pipeline will be approximately 4 feet deep within a 50 foot easement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
• Mr. Ogle stated that there are two corrections to the staff report. Under Condition of Approval 3.C
the first sentence should be amended to read "If more than 1 acre is to be disturbed for construction of
non pipeline items such as structures, parking lots, laydown yards, etc....." Additionally, Condition of
Approval 2.D.6 should read that "There is presently 80 feet of right-of-way" in the second sentence.
Motion: Amend Condition of Approvals 3.B and 2.D.6 as stated by staff, Moved by Bill Hall, 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.
• Motion: Approve Case USR13-0005 along with the amended Conditions of Approval and
Development Standards, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley.
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CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0006
DCP MIDSTREAM
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC
AGENCY (ONE (1) GREATER THAN 10 -INCH NATURAL GAS
TRANSMISSION PIPELINE AND ASSOCIATED FACILITIES [8 MILES
LENGTH]) IN THE A (AGRICULTURAL) ZONE DISTRICT
THE PREFERRED SLW RANCH PIPELINE ROUTE BEGINS AT THE
PROPOSED SLW COMPRESSOR STATION IN THE NW4 OF SECTION 7 T6N
R63W. THE PIPELINE CROSSES SECTION 1, T5N, R64W, AND CROSSES
SECTIONS 27, 31, 32, 34, 35, 36, T6N, R64W TERMINATING AT THE
LIBSACK COMPRESSOR STATION (USR-1793) LOCATED IN THE NE4 OF
SECTION 36 T6N R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJCENT TO CR 49; SOUTH OF CR 66; NORTH OF CR 60;
WEST OF AND ADJACENT TO CR 61.
USR13-0004
DCP MIDSTREAM
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1) GREATER THAN 10 -
INCH NATURAL GAS TRANSMISSION PIPELINE AND ASSOCIATED FACILITIES
[10.5 MILES IN LENGTH]) IN THE A (AGRICULTURAL) ZONE DISTRICT
THE PREFERRED WELLS RANCH PIPELINE ROUTE BEGINS AT THE WELLS
RANCH COMPRESSOR STATION (USR 12-0070) IN THE NW4 OF SECTION 27
T6N R63W AND RUNS IN A GENERALLY STRAIGHT LINE IN A SOUTHWEST
DIRECTION CROSSING THE FOLLOWING SECTIONS:
SECTION 27, T6N, R63W
SECTION 28, T6N, R63W
SECTION 32, T6N, R63W
IN SECTION 32, T6N, R63W, THE PIPELINE TURNS DUE WEST AND RUNS IN A
GENERALLY STRAIGHT LINE THROUGH THE FOLLOWING SECTIONS:
SECTION 32, T6N, R63W
SECTION 31, T6N, R63W
SECTION 36, T6N, R64W
SECTION 35, T6N, R64W
IN SECTION 35, T6N, R64W, THE PIPELINE TURNS NORTHWEST THROUGH
THE FOLLOWING SECTIONS:
SECTION 34, T6N, R64W
SECTION 27, T6N, R64W
IN SECTION 28, T6N, R64W, THE PIPELINE TURNS SOUTHWEST THROUGH
THE FOLLOWING SECTIONS:
SECTION 28, T6N, R64W
SECTION 33, T6N, R64W
IN SECTION 33, T6N, R64W, THE PIPELINE TURNS WEST AND RUNS IN A
GENERALLY STRAIGHT LINE THROUGH THE FOLLOWING SECTIONS:
SECTION 32, T6N, R63W
SECTION 31, T6N, R63W SECTION 36, T6N, R65W
THE WELLS RANCH PIPELINE TERMINATES AT THE LIBSACK COMPRESSOR
STATION LOCATED IN THE NE4 OF SECTION 36 T6N R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
COMMENCING AT THE LIBSACK COMPRESSOR STATION [USR1793] (WEST OF
AND ADJACENT TO CR 49 APPROXIMATELY 1300 FEET NORTH OF CR 62.5)
THE PIPELINE IS LOCATED BETWEEN COUNTY ROAD 66 TO THE NORTH AND
COUNTY ROAD 62.5 TO THE SOUTH OF THE WELLS RANCH COMPRESSOR
STATION [USR12-0070] LOCATED WITHIN WELLS RANCH.
V Kim Ogle, Planning Services, presented Cases USR13-0006 and USR13-0004, reading the
recommendations and comments into the record. The Department of Planning Services recommends
approval of these applications with the attached conditions of approval and development standards.
Mr. Ogle noted that there are amendments to the Staff Reports. For Case USR13-0004, under Condition
of Approval 3.C the first sentence should be amended to read "If more than 1 acre is to be disturbed for
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construction of non pipeline items such as structures, parking lots, laydown yards, etc....." Additionally,
Development Standard 4 may be deleted and renumbered accordingly.
For Case USR13-0006, under Condition of Approval 3.C the first sentence should be amended to read "If
more than 1 acre is to be disturbed for construction of non pipeline items such as structures, parking lots,
laydown yards, etc "
✓ Motion: Amend Condition of Approval 3.C and delete Development Standard 4 in USR13-0004 as
stated by staff, Moved by Bill Hall, Seconded by Benjamin Hansford. Motion carried unanimously.
Motion: Amend Condition of Approval 3.C in USR13-0006 as stated by staff, Moved by Benjamin
Hansford, Seconded by Bill Hall. Motion carried unanimously.
• Don Carroll, Public Works, reported on the existing public right-of-ways, crossings, floodplain areas
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.
V Patrick Groom, attorney representing DCP Midstream, 822 7th Street, Suite 760, Greeley, Colorado,
stated that although these are separate pipelines the majority of the route will include both pipelines. The
pipeline for USR13-0006 will locate to a proposed compressor station to be located on the SLW Ranch.
He added that they anticipate the submittal of that application in the next 30 days. Additionally, this
proposed pipeline will not operate as a high pressure pipeline until 2014; however they wish to permit it
now. Both pipelines will be operating at 50 percent of their capacity.
Commissioner Maxey asked why there couldn't be one pipeline to the point of separation. Mr. Groom
replied that it is due to the capacity of the pipeline.
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 amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
✓ Motion: Approve Cases USR13-0004 and USR13-0006 along with the amended Conditions of
Approval and Development Standards, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley.
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. Maxey said that Robert Grand and himself met with Commissioner Kirkmeyer regarding the refinery
questions. He added that she will take that to the Board of County Commissioners and they will discuss
the possibilities and what rules and regulations would be required at their next work session.
Meeting adjourned at 3:01 pm.
Respectfully
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submitted,
tlt"
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2013.04.08 08:35:10 -06'00'
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