HomeMy WebLinkAbout20120615.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 21, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
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Tom Holton ,‹
Mark Lawley Ry -„ m
Nick Berryman 0 000 3r-
Robert Grand n- 1v
Bill Hall L! -D ?o
Benjamin Hansford z=
Alexander Zauder f1 PkJ
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Jason Maxey CI - -<
Joyce Smock c
Also Present: Kim Ogle and Tom Parko, Department of Planning Services; Heidi Hansen, Department of
Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the February 7,2012 Weld County Planning Commission minutes, seconded
by Jason Maxey. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR11-0008
APPLICANT: L.G. EVERIST AND CITY OF AURORA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
NON-1041, (CITY OF AURORA WATER STORAGE RESERVOIRS) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF SECTION 30,T2N, R66W AND PART OF THE E2NE4 OF SECTION 25,
T2N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 18;APPROXIMATELY 0.5 MILES WEST OF
STATE HIGHWAY 85.
Kim Ogle, Planning Services, stated that this application is for a multiple phase Master Plan for Aurora's
Everist Reservoir Complex enabling the City to utilize the facility as augmentation storage for the City of
Aurora's water supply system.
The City of Aurora will purchase six adjacent below-grade water storage cells from L.G. Everist, Inc. in
addition to the Golden Cell that was purchased on June 24, 2010. The seven water storage cells are being
created as part of L.G. Everist's reclamation activities approved through the Colorado Division of Reclamation,
Mining and Safety Permit and Second Amended AmUSR-1255.
Based on previous discussions and correspondence with Weld County and the City of Aurora, it was
determined that the Master Plan approach is appropriate for this site given the following factors:
• Water storage was previously established by L.G. Everist's 2n AmUSR-1255 land use permit
• Aurora is not proposing to change this land use, and
• Proposed improvements are relatively minor to the overall reclamation plan.
Aurora's Master Plan for this site includes construction of several improvements to allow the seven water
storage cells to be operated as augmentation storage vessels for the City of Aurora. From the phasing of the
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project perspective,water storage will become available to Aurora as L.G. Everist completes their mining and
reclamation activities at each cell. Storage reservoirs are scheduled to become operational beginning with the
Golden Cell(Phase 1)in 2012. The L.G. Everist mining operation will continue in a sequential manner until all
the mining cells are reclaimed for water storage. The current agreement contemplates all water storage cells
will be delivered by 2020.
The proposed Aurora-Everist Reservoir Complex project is located within the three-mile referral area of the
Towns of Frederick and Firestone and the City of Fort Lupton. The Town of Frederick indicated no conflict
with their interests. Mr. Ogle read into record the referral comments from the City of Fort Lupton.
Staff has received letters with concerns on this land use application from Kerr-McGee Oil and Gas Onshore,
LP concerning a Surface Use Agreement. Staff received a letter dated February 6, 2012 from a property
owner to the south who holds concerns on the impacts of the river flows of the South Platte River resulting in
flooding of his property. Another letter received on February 6,2012 was from an adjacent property owner to
the far west stating concerns of surface drainage, site flooding and swamp like conditions on his property. Mr.
Ogle stated that correspondence prepared by Deere and Ault Consultants dated February 15,2012 indicates
that several State and Federal referral agencies have in the past reviewed these concerns for the property
owner and in all past cases, it was concluded that the mining activities of the L.G. Everist Facility have no
adverse impacts on either groundwater or flooding on these subject properties.
Twenty-two referral agencies have reviewed this case and six offered comments, some with specific
conditions.
The Planning Department is recommending approval of this case along with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that since this is just a water storage reservoir and it is an
unmanned site, permanent water and sewer is not required. The applicants have submitted the necessary
Dust Abatement and Waste Handling Plans.
Heidi Hansen, Public Works, stated that County Road 18 is classified as a collector roadway. In June 2010
there were 1,708 vehicles on that roadway. They will be using the existing access with a few improvements.
There will be a Road Maintenance Agreement to cover any damages to the roadway during construction. The
applicants will work with staff for a Flood Hazard Development Permit for the pump station.
Lisa Darling, South Platte Program Manager for the City of Aurora, stated that this Reservoir Complex is
located about 5 miles downstream from their Prairie Waters Project that was just recently completed. The City
of Aurora has a very large water system and one of the requirements of the Prairie Waters Project is
augmentation of a water well field. Therefore this site will be used as augmentation supply to meet those
obligations to the river as well as obligations to other organizations.
This is an ongoing mining operation and as the sites are mined and reclaimed those cells will then be
transferred under the Master Plan Permit to the City of Aurora for development of the reservoir complex.
Commissioner Grand asked if there is potential use of the facilities as recreational use for the surrounding
communities. Ms. Darling said that in discussions with the City of Ft. Lupton there was some indication that
they were interested in looking at some opportunities. She added that any time there is a water facility there is
a lot of liability associated with it as well as public safety concerns. Because it is a large area they don't want
to create any attractive nuisance as it were or cause any issues that could potentially be concerns for the
community in terms of open storage without adequate supervision.
Commissioner Smock asked how Weld County will benefit from something that Aurora will benefit from. Ms.
Darling said that under the mining operation this was the highest and best use of the facility for Weld County.
She added that Weld County will not directly benefit from the facility itself; however Aurora intends to be a
good neighbor.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
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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.
Robert Grand moved that Case USR11-0008, be approved along with the Conditions of Approval and
Development Standards, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes with comment; Bill Hall, absent;Alexander Zauder, yes;
Jason Maxey,yes; Benjamin Hansford, yes; Mark Lawley,yes;Tom Holton,yes. Motion carried unanimously.
Commissioner Grand commented that we should look at these large water storage facilities not just purely as
a mechanical device to supplement outside the county area but something that can be developed to benefit
the citizens of Weld County reasonably.
The Chair read the next case into record.
CASE NUMBER: USR12-0001
APPLICANT: PLATTE VALLEY FIRE PROTECTION DISTRICT
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW(FIRE STATION AND TRAINING FACILITIES-BURN TOWER,PUBLIC
EVENTS)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX11-0029; PART SW4 SECTION 16, T5N, R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO COUNTY ROAD 53 AND NORTH OF AND
ADJACENT TO US HWY 34.
Tom Parko, Planning Services, stated that this site is to accommodate a new fire station that will include
training facilities for the Fire Department and will also be able to accommodate public meetings.
The proposed site is located within the three-mile referral area and Intergovernmental Agreement boundary of
the Town of Kersey. In an email dated February 8, 2012, the Town of Kersey indicated that they have
reviewed the request and didn't find any conflicts with their interests. In addition, the Town of Kersey has no
interest in annexing the property and that it doesn't have the means to serve the property with utilities. The
Town went on further to say that they request that the landscaping plans for the station be consistent with the
Town's landscaping standards.
Twelve referral agencies have review this case and six offered comments, some with specific conditions.
Staff has not received any correspondence in favor or against this request.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works, stated that County Road 53 is classified as a collector roadway. In April 2009,
there were 3,780 vehicles on that roadway. The applicants have worked very diligently addressing their
requirements and there is no concern with this request.
Mary Evett, Environmental Health, stated that Central Weld County Water District will provide water to the Fire
Station. The facility is proposing a well for the new building fire suppression system and fire hydrants and they
are in the process of applying for a permit from the Division of Water Resources. The new fire station will be
served by an engineered septic system. The existing residence will be used to temporarily house four to five
firefighters. There is an existing septic system on the property. After the new fire station is constructed and
the new septic system is put in service, the old septic system will need to be abandoned.
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Ms. Evett said that the applicants have met several conditions of approval and development standards prior to
today's hearing. The applicants have submitted evidence of completing Conditions of Approval 1.D, 1.G.1,
1.G.2 and Development Standard 20. In addition, Conditions 1.6, 1.E and Development Standard 9 do not
apply to this case and therefore may be deleted.
Jason Maxey moved to delete Conditions of Approval 1.B, 1.E and Development Standard 9 as
recommended, seconded by Benjamin Hansford. Motion carried.
Fred Voseipka, 541 Garden Dr.,Windsor CO, representative for the Platte Valley Fire Protection District. Mr.
Voseipka provided drawings to the Planning Commissioners showing different aspects of the building and how
this will fit in the rural setting.
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.
Robert Grand moved that Case USR12-0001, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey,
yes; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
inquired if there is anything that the Planning Commission can do to recommend to the County
Commissioners when reviewing these water storage projects that we include some provisions for public
utilization. Bruce Barker, County Attorney, stated that it would need to be written into the code. Mr. Holton
indicated that he would be contacting the County Commissioners expressing this concern.
Meeting adjourned at 2:22 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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