HomeMy WebLinkAbout20121369 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2012
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. The meeting was called to order
by Chair, Tom Holton, at 1:30 p.m.
DI" Roll Call.
Present: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
Also Present: Kim Ogle,Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll and
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 May 1, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Jason Maxey.
Motion passed unanimously.
1' CASE NUMBER: USR12-0014
APPLICANT: DILLARD FAMILY LLC,c/o NOBLE ENERGY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY(CLASS II OILFIELD WASTE DISPOSAL
FACILITY- SALTWATER INJECTION FACILITY) IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX12-0031 BEING PART OF THE NE4 SECTION 10,T7N, R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 84 SECTION LINE; WEST OF AND
ADJACENT TO CR 57 SECTION LINE.
Kim Ogle, Planning Services, stated that the applicant's representative would like to request a
continuance until the June 5,2012 Planning Commission hearing so that adequate notice may be provided for
mineral interests.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Motion: Continue Case USR12-0014 to the June 5, 2012 Planning Commission hearing, Moved by
Jason Maxey, Seconded by Bill Hall.
Motion passed unanimously.
Ir CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55; SOUTH OF AND ADJACENT TO CR 74.
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5-30-20 a_ 2012-1369
Chris Gathman, Planning Services, presented Case USR-1752, 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.
r" Heidi Hansen, Public Works, reported on the conditions of approval and development standards
included in the staff report.
LI'' Mary Evett,Environmental Health,stated that it was unclear in the application the number of months that
the applicant would be operating. If the facility would operate 6 months or less then bottled water and portable
toilets are acceptable. Additionally,the application indicates there are several sources of water;however there
is no documentation provided that water is available to the residents or appropriately permitted. She listed the
conditions of approval and development standards included in the staff report. Ms. Evett recommended
adding a development standard with regard to the proposed Cantina to read"The applicant shall comply with
the Colorado Retail Food Establishment Rules and Regulations governing the regulation of Food Service
Establishments. Mobile Units shall be self-contained in regard to water and sewer."
Di' Motion:Add Development Standard 22,per staff recommendation,and renumber accordingly,Moved
by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
® Roger Ainsworth, Sheriff's Department, stated that the Sheriffs Department is strongly opposed to
granting this application request. He reported on the activity related to the applicants and the property.
• Jorge Vega,35918 CR 55,stated that he had operated a rodeo during the summer a couple of years ago
and would like to continue the rodeo events.
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 staff for any changes to the Staff Report. Ms. Evett recommended deleting Condition of
Approval 1.E, 1.F, and 1.G. In addition, Development Standard 17 may be amended to read "Adequate
drinking,hand washing and toilet facilities shall be provided for personnel and patrons of the facility at all times
(bottled water, portable toilets and hand washing units are acceptable). The Stanford Event and Labor
Services portable toilet chart shall be adhered to as a minimum guideline. A minimum of eight portable toilets
and two hand washing stations shall be provided. Records of maintenance and proper disposal shall be
retained on a seasonal basis."
Dr Motion: Amend Development Standard 17 as read by staff, Moved by Robert Grand, Seconded by
Alexander Zauder.
Motion passed unanimously.
Motion:Amend Development Standard 3 to read"The facility will operate during the months of April 1
through September 30 during daylight hours", Moved by Jason Maxey, Seconded by Nick Berryman.
Motion passed unanimously.
ID' Motion: Delete Conditions of Approval 1.E, 1.F,and 1.G,Moved by Mark Lawley,Seconded by Robert
Grand.
Motion passed unanimously.
r` Commissioner Lawley commented that he understands that with regard to Development Standard 6 it
pertains to livestock that is regularly housed on the property and not particularly during rodeo events.
Motion: Delete Development Standard 6, Moved by Robert Grand, Seconded by Mark Lawley.
Motion passed unanimously.
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i' Mr. Gathman wanted to ensure the inclusion of the Weld County Building Department referral into the
Staff Report. Motion:Add Condition of Approval 1.M to read"The applicant shall address the requirements of
the Department of Building Inspection as outlined in their referral response dated May 15,2012", Moved by
Robert Grand, Seconded by Nick Berryman.
Motion passed unanimously.
Brad Yatabe, County Attorney, suggested that some provision be included that there is not a limitation
on animal units in terms of events such as a rodeo.
The Chair called a recess at 2:20 pm for Mr.Yatabe to create language to be included in the staff report. The
Chair called the meeting back to order at 2:29 pm.
Mr.Yatabe suggested adding a new Development Standard 6 to read"The number of animals allowed
on site during events shall be unlimited." Motion: Add new Development Standard 6 per staffs
recommendation, Moved by Robert Grand, Seconded by Nick Berryman.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
lib Motion: Forward Case USR-1752 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 Robert Grand, Seconded by Bill Hall.
Vote: Motion passed (summary: Yes =8, No = 1,Abstain = 0).
Yes:Alexander Zauder, Bill Hall,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
No: Benjamin Hansford.
Joyce Smock referred to Development Standard 5 and reiterated to the applicant that no alcoholic beverages
shall be allowed on site.
Robert Grand commented that Mr. Vega has a right to use his property; however with that comes the
responsibility to adhere to the regulatory issues outlined in the Staff Report.
CASE NUMBER: USR12-0009
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO MILES OF
SINGLE CIRCUIT 115-KILOVOLT (kV) ELECTRIC TRANSMISSION LINE, TO
CONNECT INTO THE LASALLE GAS PLANT [USR-1792] SUBSTATION
FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF
INTERCONNECTION FROM THE WESTERN AREA POWER ADMINISTRATION
[WAPA]TRANSMISSION LINE)IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES IN SECTION 10(WAPA SWITCHING
STATION)CROSSES SECTION 30 AND 31,T5N,R64W OF THE 6 P.M.,WELD
COUNTY,COLORADO AND ENDS AT THE LASALLE GAS PLANT(USR-1792).
LOCATION: SOUTH OF COUNTY ROAD 54 IN AN EASEMENT WEST OF COUNTY ROAD 51
TO A PROPERTY IN THE NW4 OF CR 50 AND CR 51.
Jason Maxey stated that he is an employee with United Power who is a cooperative member of Tri-State
Generation and Transmission;however this request is not located in United Power's area and he believes he
can make a fair judgment to this case. The Planning Commission did not have any concerns with Mr. Maxey
hearing this case.
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Kim Ogle, Planning Services, presented Case USR12-0009, 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.
ID° Mr.Ogle submitted a memorandum proposing some amendments to the language. Motion:Amend the
Staff Report as read by staff and add Condition of Approval C.7,Moved by Bill Hall,Seconded by Benjamin
Hansford.
Motion passed unanimously.
r" In addition, Environmental Health and Public Works presented their reports and stated that they have no
concerns with this request.
i` Steve Gray, Tri-State Generation and Transmission, 1100 West 116th Ave, Westminster, Colorado,
stated that they are proposing a to install a 115kV transmission line on single wood structures to serve
customers in the area. He added that they did provide outreach to the surrounding property 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.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Iffr Motion: Forward Case USR12-0009 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 Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes=9).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
IIID' CASE NUMBER: USR12-0005
APPLICANT: WINDSOR RENEWAL I LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF
COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO,THOSE
FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS,
SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Lot A OF RECX12-0013; PART SW4 SECTION 26, T6N, R67W & PART NW4
SECTION 35,T6N, R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF EASTMAN PARK DRIVE AND APPROXIMATELY%MILES EAST OF
STATE HWY 257.
Tom Parka, Planning Services, presented Case USR-12-0005, 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. The Planning Commission inquired if
Development Standard 3 should be amended to operate Monday through Saturday.
Don Carroll, Public Works, presented his report including the conditions of approval and development
standards in the staff report. They have no concerns with this request.
Mary Evett, Environmental Health, presented her report including the conditions of approval and
development standards in the staff report. Ms. Evett commented that there is a "Note" after Development
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Standard 18 and recommended adding a new Development Standard 19 including this information but
deleting the note in the first sentence.
Motion:Amend Development Standard 18 as stated by staff and add a new Development Standard 19
to read"The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code, Moved by Jason Maxey, Seconded by Bill Hall.
Motion passed unanimously.
Michael Drake, GR Engineering, 7200 Altan Way, Centennial, CO, stated that he represents the
applicant, Musket Corporation, and added that they are proposing to bring in crude oil from the production
fields to this site through transport trucks and then loading it onto railcars for other destinations. He noted that
this is Phase 1 of the proposal.
I° The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Scott Ballstadt,Chief Planner,Town of Windsor,301 Walnut,Windsor Colorado,provided visual slides which
shows the subject site in relation to the Town's Urban Growth Boundary and sanitary sewers. He also added
that the Town would like to ensure secondary containment. The Town of Windsor recommended denial of the
proposed USR and encouraged the Planning Commission to refer the applicants to the Town for annexation.
r' John Vasquez, Mayor of Windsor, 301 Walnut St, Windsor, CO, stated that in the beginning of the
development there was an agreement with the developers that they would annex into the Town of Windsor so
as not to create an enclave. He indicated that the Town of Windsor would like to visit with the applicant and
landowner to determine a Service Agreement. Mr.Vasquez expressed concerns regarding spills and strongly
urged the inclusion of secondary containment.
The Planning Commission encouraged the Town of Windsor to work with Weld County in establishing an
Intergovernmental Agreement.
[Nick Berryman left meeting at 3:51.]
The Chair called a recess at 3:57 pm and reconvened the meeting at 4:24 pm. [Alexander Zauder left meeting
at 3:57 pm.]
Ian McCarter,Attorney for the Town of Windsor,stated that there have been negotiations over the sewer
service between the Town of Windsor and the property owners. He provided a brief history regarding the
progress of the sewer service agreement and added that they are trying to obtain a resolution.
D. Mr.Vasquez answered questions from the Planning Commission regarding their referral submitted to
Weld County Planning.
Tom Livingston, 11822 CR 64.5, stated that he owns property in the vicinity and operates a farm and
cattle ranch. He wanted to bring attention to the public safety issues with regard to traffic.
Joan Blake, 633 17th St, Denver, CO, stated that she is here on behalf of Carestream, which is a
neighbor of this project. She expressed concerns regarding their easement agreements as well as sanitary
sewer easements with Kodak as there were no details provided to them.
li' Michael Drake responded to the public's concerns, specifically with regard to easements, floodplain,
spills and containment.
Mr. Lawley said that previously they haven't incorporated a town's referrals into the conditions of
approval when the county or state standards are acceptable for a development to proceed. He believes that
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the applicant should have visited with the Town of Windsor to resolve these issues.
Tom Holton said that he is uncomfortable denying or approving this case considering all the loose ends.
The applicant stated that they didn't have any concerns adding the secondary containment to the conditions of
approval.
The Planning Commission recommended adding a condition of approval to address the secondary
containment. In addition,the Planning Commission expressed the desire to add a condition for the applicant,
landowners,Carestream,and the Town of Windsor and City of Greeley to meet to resolve these issues prior
to the Board of County Commissioners hearing. The Chair asked Mr.Yatabe to create language including this
addition.
The Chair called a recess at 5:34 pm so staff could come up with some language. The Chair called the
meeting to order at 5:44 pm.
Brad Yatabe,County Attorney,recommended against placing any language as a development standard
or condition of approval as it might cause some unintended consequences. He advised including the
language into the motion of approval or denial.
D" Motion: Forward Case USR12-0005 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 Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Benjamin Hansford, Bill Hall,Jason Maxey,Joyce Smock, Mark Lawley, Robert Grand,Thomas
Holton.
Absent: Alexander Zauder, Nick Berryman.
Commissioner Maxey reiterated Mr.Yatabe's comments that all of the parties need to meet to resolve these
issues.
Commissioner Holton encouraged the County Commissioners to listen to the recording so that they can be
fully prepared for their hearing on May 30, 2012.
D. CASE NUMBER: USR12-0008
APPLICANT: WELD COUNTY
PLANNER: TOM PARK()
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA 300 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2375;PART OF SECTION 28,T2N, R66W OF THE 6TH
P.M.,WELD COUNTY,COLORADO.
LOCATION: WEST OF AND ADJACENT TO COUNTY ROAD 31 AND 0.5 MILES NORTH OF
COUNTY ROAD 16.ARISTROCRAT RANCHETTES SUBDIVISION IS LOCATED
TO THE EAST.
Tom Parko, Planning Services, presented Case USR-12-0008, 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. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request. Lauren
Light,Environmental Health recommended amending Development Standard 6 by deleting the last sentence
because no dust abatement plan is required.
D' Motion:Amend Development Standard 6 to read"Fugitive dust and fugitive particulate emissions shall
be controlled on this site, Moved by Jason Maxey, Seconded by Bill Hall.
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Motion passed unanimously.
II' Don Carroll, Public Works, stated that they are proposing to construct a telecommunication antenna
tower for the purposes of emergency services, law enforcement and homeland security as well as other
county services.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Martin Gutierrez,7717 CR 31,stated that he is concerned that the tower may fall on his garage. He said that
he is not opposed to the construction of the tower.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
II' Motion: Forward Case USR12-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Action: Adjourn, Moved by Robert Grand, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley, Robert Grand,Thomas Holton.
Absent:Alexander Zauder, Nick Berryman.
CASE NUMBER: USR12-0012
APPLICANT: WELD COUNTY
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 300-FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2705;PART OF THE NW4 OF SECTION 2,T2N,R68W
OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: EAST OF AND ADJACENT TO I-25 FRONTAGE ROAD; NORTH OF AND
ADJACENT TO CR 24.5.
Tom Parka, Planning Services, presented Case USR-12-0008, 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. In addition, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
Heidi Hansen, Public Works, recommended amending Condition of Approval 1.A.3 by modifying the first
sentence to read "County Road 24.5 is designated on the Weld County Road Classification Plan as a local
roadway,which requires 60 feet of right-of-way at full build out.
Motion: Amend Condition of Approval 1.A.3 as stated by staff, Moved by Benjamin Hansford,
Seconded by Jason Maxey.
Motion passed unanimously.
DP Lauren Light, Environmental Health recommended amending Development Standard 6 by deleting the
last sentence because no dust abatement plan is required.
Motion:Amend Development Standard 6 by deleting the last sentence,Action:Adjourn, Moved by Robert
Grand, Seconded by Bill Hall.
Motion passed unanimously.
ID' Don Carroll, Public Works, stated that they are proposing to construct a telecommunication antenna
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tower for the purposes of emergency services, law enforcement and homeland security as well as other
county services.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
ilk Motion: Forward Case USR12-0008 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Action: Adjourn, Moved by Robed Grand, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley,Robert Grand,Thomas Holton.
Absent: Alexander Zauder, 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.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 6:13 pm.
Respectfully submitted,
�nn Digitally signed by Kristine Ranslem
diftits6n i 7 Iii . /_ __ Location:1555 N 17th Ave
���7 1111���i♦LUc�YI. Date:2012.05.21 08:29:05-06'00'
Kristine Ranslem
Secretary
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