HomeMy WebLinkAbout20121076.tiff Is' SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 3, 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.
r Roll Call.
Present:Alexander Zauder,Benjamin Hansford,Bill Hall,Jason Maxey,Joyce Smock,Mark Lawley, Robert
Grand, Thomas Holton.
Absent: Nick Berryman.
Also Present:Tom Parko,Chris Gathman, Michelle Martin and Kim Ogle, 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.
Robert Grand moved to approve the March 6,2012 Weld County Planning Commission minutes,seconded by
Jason Maxey. Motion carried.
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.
to' Chris Gathman, Planning Services,stated that staff is requesting a continuance of this case until May1,
2012 because the applicant is out of town for today's hearing.
r The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
ir Motion:Continue Case USR-1752 to the May 1,2012 Planning Commission hearing, Moved by Jason
Maxey, Seconded by Bill Hall.
CASE NUMBER: USR12-0002
APPLICANT: NORTH WELD COUNTY WATER DISTRICT
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT AND SERVICE(WATER HAULING)AND ANY 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),PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVSIION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A OF RECX11-0049;PART OF THE NE4 SECTION 35,T8N,R66W OF THE
6114 P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 88;APPROXIMATELY 1000 FEET WEST
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OF CR 35.
Tom Parko, Planning Services, presented Case USR12-0002, 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.
Or Leann Coons, North Weld County Water District, stated that this site will be used for water hauling,
primarily to the oil and gas industry as well as other users seeking bulk water sales. She added that
additionally it will be used for residential and agricultural purposes.
it The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Le" 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 would like to request a
waiver from the required septic system. She added that there will not be a permanent employee on site and
the trucks will be there for approximately 40 minutes and are mobile so it does not warrant a restroom or wash
facility. Commissioner Holton clarified if they will be providing portable toilets. Ms. Coon replied that they
would not have any facilities on site.
L° Mark Lawley moved to allow the use of portable toilets and handwashing facilities, seconded by Jason
Maxey. Motion carried.
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! Ms. Light recommending deleting Condition of Approval 1.B because there would not be a septic system.
In addition, Development Standard 11 would be amended to include that portable toilets are acceptable.
Motion: Delete Condition of Approval 1.8, Moved by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
• Motion:Amend Development Standard 11 to allow portable toilets,Moved by Jason Maxey,Seconded
by Benjamin Hansford.
Motion passed unanimously.
Ir Ms.Light added that Development Standard 13 should also be deleted because it refers to a permanent
water supply for sanitation. Motion: Delete Development Standard 13, Moved by Bill Hall, Seconded by
Benjamin Hansford.
Motion passed unanimously.
• Motion: Case USR12-0002, 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, Moved by Mark Lawley, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes=8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
bti CASE NUMBER: USR11-0012
APPLICANT: LEVEL(3)COMMUNICATIONS, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
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PERMIT TO EXTEND THE HEIGHT OF A TELECOMMUNICATION ANTENNA
TOWER FROM 65 FEET TO 100 FEET, FUTURE CARRIER EQUIPMENT AND
INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY, IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2519;PART NE4 SECTION 31,T3N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROXIMATELY 300 FEET
EAST OF STATE HIGHWAY 85.
r Chris Gathman, Planning Services, presented Case USR11-0012, 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.
Ir Gerald Muldowney stated that he represents 5280, the tower owner, on behalf of Level 3
Communications, LLC, who is the landowner. The proposal is to extend the height of an existing tower 35
feet. This extension will enable the co-location of Airtel. He added that Airtel will be providing wireless
broadband services to the surrounding communities using this tower to feed into existing fiber optic system of
Level 3.
Ir The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joan Camp, PO Box 127, Platteville,Colorado,said that she would like to know who the property owner is and
if the tower should be higher.
I' Mr. Muldowney stated that the property owner of record is Level 3 Communications. He referred to the
tower height question and said that height is arrived at based on Radio Frequency Engineering (RFE).
Brad Yatabe,County Attorney, inquired about the fall zone with relation to the tower height extension and the
landowners of the surrounding property. He added that he understands with the new height of 100 feet it
would put it outside of the current property. Typically there should be an easement if the fall zone is onto
someone else's property. Mr.Muldowney said that a condition may be placed that if the tower were to fail that
the debris field would fall within the leased parcel. He added that they would provide a structural engineer
certification.
Motion: Add Condition of Approval 1.C to read "The applicant shall demonstrate through a certified
engineered statement that if the tower fails it will fall within the leased parcel"and re-letter accordingly, Moved
by Mark Lawley, Seconded by Benjamin Hansford.
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.
Id Motion: Case USR11-0012, 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, Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
CASE NUMBER: USR12-0003
APPLICANT: MICHAEL&KIMBERLEA MILLER
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT AND SERVICE(STORAGE AND MAINTENANCE OF
EXCAVATION EQUIPMENT, SEMI-TRUCKS AND WATER TANKS) IN THE A
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(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE-2573;PART OF SECTION 9,T6N,R66W OF THE
6TH P.M., WELD COUNTY, COLROADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 72 AND EAST OF CR 29.
it Michelle Martin, Planning Services, presented Case USR12-0003, reading the recommendation and
comments into the record. Ms. Martin added that prior to today,five letters were received from surrounding
property owners. She provided two additional letters to the Planning Commission. A summary of their
concerns are as follows:odor, noise,blocking of views,traffic,lighting,dust,access,the reduction of property
values in the area,spooking of livestock,environmental concerns and floodplain. The Department of Planning
Services believes that the conditions of approval and development standards will ensure that this use will be
compatible with surrounding land uses and therefore recommends approval of this application.
In Ms. Martin's visual presentation, she noted that currently the applicant has a residential access easement
permitted through a Recorded Exemption and shared with an adjacent landowner. According to one of the
letters submitted by that landowner they are not in support of that access to be used for the commercial
operation.
L"" Mary Evett, Environmental Health, noted that the applicant had applied for a septic permit in January
2012. She added that the engineer designed the system for 10 persons; however based on the initial
application the number of employees accessing the site exceeded the design and staff had requested that
changes be made to the septic design. Ms. Evett said that she received an email prior to the hearing today
from the applicant and he indicated that he will have no more than 8 or 9 employees on site.
Ms. Evett listed other conditions of approval/recommendations regarding the above ground storage fuel tanks,
alarm system for the vault and capacity of the holding tanks,and waste handling plan. In addition,there is an
office trailer that is temporarily hooked up to water using a hose from a water hydrant. There is a poly tank
that the sewer from the trailer is connected to; therefore Ms. Evett requested further information.
Er Heidi Hansen, Public Works, noted the traffic count from July 2006 and added that an updated count
should be taken in the next couple of weeks. Ms. Hansen explained the shared access issue and how the
applicant will attempt to resolve it.
Ms.Hansen stated that the applicant is proposing a maximum of 40 truck trips per day and small vehicle traffic
will be 80 trips per day.
A portion of the site is located within the 100 year floodplain and no parking or storage is allowed in that
floodplain. Currently,there is outdoor storage in the floodplain;therefore they will need to move it outside of
the floodplain.
k'' Wendell Heyen, Building Official,provided a timeline of the building permit for the shop located on site.
He stated that there have been several extensions granted on the original permit from 2003; however it was
eventually expired because no inspections were performed. Since that time, two new permits have been
issued and again they were expired because it was not completed.
Mr. Heyen stated that no permit has been submitted for the office trailer at this time.
*1' Michael Miller, 2656 54th Ave, Greeley, Colorado, stated that his 67 acre farm is oddly shaped and not
conducive to farming. The application is for an oil and gas support facility and it seems to be the best use of
the property. He added that the property will be used for parking and maintenance of vehicles. Mr. Miller
noted that they are very sensitive to environmental concerns and intends to follow the conditions of approval
and development standards. In addition, he is planning to construct a new access and plant trees along the
north part of the property to screen the facility from the road.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Marshall Ernst, 14179 CR 70,stated that he is opposed to this request and expressed concern over pollution
from his property entering the Coal Bank Creek and Cattail Creek, unsightliness of the property, hours of
operation,and non-compliance with his property. He submitted a letter of objection and read it into the record.
IS" Lawrence Merritt, 14774 CR 72, stated that he is opposed to this request because it is not compatible
with the surrounding agricultural properties and the traffic has significantly increased with this business.
1r Phil Crowe, 1409 Pintail Court,Windsor,Colorado,stated that he leases a portion of the lowland swamp
from Mr. Miller and has a good working relationship with him. However, he is opposed to this request and
expressed concern over the safety of his small children next to this traffic and dust issues. He added that this
type of operation needs to be relocated on industrial property as it is not compatible with this area.
is' Dale Sanders, 14520 CR 72, stated that he is opposed to this request for the following reasons: lights
are shining in his house, dust and privacy issues, and the impact to his property value. He added that he
owns the access road that Mr. Miller is utilizing and opposes the commercial use of the access.
r Marty Harrison-Dumm,34824 CR 29,cited Section 22-2-150.D.8 Goal 4 and Section 23-2-220.A.3 and
stated that she is opposed to this request because it is not compatible with the surrounding area and is
concerned with environmental issues,and the impact to their property values,and quality of life. In addition,
she submitted a letter of objection and read it into the record.
L0 Barbara Ernst stated that she is opposed to this request because of the increased traffic, floodplain
issues and added that this business is not compatible with the surrounding area.
Ir In addition, Ms. Ernst read a letter submitted by Allen and Dawn Skoglund, 34556 CR 29, into record
expressing their concerns and opposition to this request.
The Chair called a recess at 3:27 pm and reconvened the hearing at 3:42 pm.
ir Mr. Miller responded to the public's concerns and stated that he will do his best to mitigate these
concerns. He requested approval of this case.
k' Mr. Miller answered questions from the Planning Commission regarding questions on what type of
maintenance is done on the equipment, hours of operation,the number of employees on site and if he had any
conversations with the neighbors. The Planning Commission directed staff to craft language to suite the on-
site and off-site employees as stated in the applicant's testimony. Ms. Martin suggested amending
Development Standard 4 to read"The number of full-time employees shall be limited to 9 and the number of
part-time employees shall be limited to 13 on site."
ir Motion:Amend Development Standard 4 to read"The number of full-time employees shall be limited to
9 and the number of part-time employees shall be limited to 13 on site", Moved by Robert Grand,Seconded
by Benjamin Hansford.
Motion passed unanimously.
Commissioner Lawley wished to clarify the hours of operation. Mr.Miller requested seven days a week
from 6:00 am to 7:00 pm and the ability to operate when emergencies occur. As directed, Ms. Martin
suggested amending Development Standard 3 to read"The hours of operations shall be limited to 6:00 am—
7:00 pm Monday through Saturday. In case of emergency only,the applicant may operate outside of normal
business hours."
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Motion:Amend Development Standard 3 to read"The hours of operations shall be limited to 6:00 am—
7:00 pm Monday through Saturday. In case of emergency only,the applicant may operate outside of normal
business hours.", Moved by Mark Lawley, Seconded by Bill Hall.
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.
.' The Planning Commission discussed compatibility concerns and the communication issue between the
applicant and the surrounding neighbors.
h* Motion: Case USR12-0003, 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 denial, Moved by Jason Maxey, Seconded by Robert Grand.Vote: Motion passed
(summary:Yes= 5, No= 3,Abstain =0).
Yes: Alexander Zauder, Benjamin Hansford, Jason Maxey, Joyce Smock, Robert Grand.
No: Bill Hall, Mark Lawley, Thomas Holton.
The Chair called a recess at 4:34 pm and reconvened the hearing at 4:45 pm.
CASE NUMBER: USR12-0006
APPLICANT: DCP MIDSTREAM, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY(TWO (2)
PIPELINES GREATER THAN 10 INCHES IN DIAMETER) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PREFERRED ROUTE CROSSES SECTION 35 AND 36, T4N, R66W;
SECTIONS 25, 26,27,31, 32,33, 34,35 AND 36, T4N, R65W;SECTIONS 6, 7,
18, 19,28,29, 30 AND 31,T4N R64W,AND SECTION 31, T5N, R64W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST-WEST ALIGNMENT IS GENERALLY WEST OF AND ADJACENT TO CR 35;
0.5 MILES NORTH OF CR 38;WEST OF AND ADJACENT TO CR 45 AND NORTH
OF AND ADJACENT TO CR 40;WITH THE INTERCONNECT BEING 0.5 MILES
EAST OF CR 49 AND SOUTH OF AND ADJACENT TO CR 40. THE NORTH-
SOUTH ALIGNMENT IS GENERALLY 0.3 MILES WEST OF CR 51.
Kim Ogle, Planning Services, presented Case USR12-0006, 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.
Patrick Groom, 822 7th St, Ste 760, Greeley, Colorado, stated that he represents DCP Midstream. He
said that this proposal is for two pipelines greater than 10 inches in diameter. One pipeline will be for natural
gas and the other pipeline will be for natural gas liquids. The intention of this project is to allow DCP
Midstream to ship natural gas from the various processing plants and also to deliver the natural gas liquids
that are separated during the processing procedure to a proposed interstate natural gas liquid line that will
connect near the LaSalle Gas Plant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
ir The Chair asked the applicant if he read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they would like to request 90 days
to submit the plats to the Department of Planning Services. In addition,he wished to clarify if Grading Permits
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are required.
O' Motion:Amend Conditions of Approval 4 and 5 to reflect recording the plat in one hundred twenty(120)
days, Moved by Mark Lawley, Seconded by Robert Grand.
Motion passed unanimously.
t` Motion: Case USR12-0006, be approved along with the amended Conditions of Approval and
Development Standards, Moved by Bill Hall, Seconded by Robert Grand. Vote: Motion carried by
unanimous roll call vote(summary:Yes =8).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert
Grand, Thomas Holton.
r CASE NUMBER: ORDINANCE 2012-3
REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,
A PORTION OF CHAPTER 5 REVENUE AND FINANCE,CHAPTER 23
ZONING AND CHAPTER 24 SUBDIVISIONS,OF THE WELD COUNTY CODE.
PRESENTED BY: TOM PARKO
Tom Holton, Planning Services, presented additional proposed code changes to Ordinance 2012-3,
specifically adding recreational uses in the agricultural zone district and extending the deadline to record plats
from 60 days to 120 days.
Motion: Ordinance 2012-3 to include personal water craft be forwarded to the Board of County
Commissioners along with the Planning Commission's recommendation of approval,Moved by Mark Lawley,
Seconded by Benjamin Hansford.
Motion passed unanimously.
tr The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
it The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Maxey inquired what the Planning Commission thought of requiring pipeline setbacks. The
Planning Commission thought this should be addressed at the State level and Mr.Holton offered to bring it up
at the State Oil and Gas Commission meeting on Thursday.
Commissioner Maxey asked why the Planning Commission is the final authority for these major facilities of a
public utility. Mr.Yatabe said that he would research the subject.
Lt Meeting adjourned at 5:46 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
.1) ;, �_ 1&? ,_ . /„ ,.L Location: 1555 N 17th Ave
dL(.O�� ,�r�U-� Date:2012.04.17 13:40:12-06'00'
Kristine Ranslem
Secretary
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