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Home My WebLink About20123322.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 6, 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,Jason Maxey, at 1:30 p.m. Roll Call. Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Absent/Excused: Bill Hall, Bret Elliott. Also Present: Kim Ogle, and Chris Gathman, 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. i" Motion:Approve the October 16,2012 Weld County Planning Commission minutes,Moved by Robert Grand, Seconded by Nick Berryman. Motion passed unanimously. l" CASE NUMBER: USR12-0051 APPLICANT: ANADARKO E&P COMPANY LP PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY(WATER SUPPLY AND STORAGE), IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: PART E2 SECTION 23, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 20; NORTH OF AND ADJACENT TO CR 18 AND 1.5 MILES EAST OF CR 31. D" Kim Ogle, Planning Services, presented Case USR12-0051, 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. Commissioner Grand inquired how water from the City of Aurora will be going to the site. Mr. Ogle said that the applicants can address that question. Commissioner Lawley asked if the site will be cleaned up. Mr. Ogle said that the mobile homes will be removed from the site and the existing barns and residence will remain but will be secured. Dr Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and requirements of the site. Dr Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site dust control,and the Waste Handling Plan. Ms. Light read into record a paragraph that needs to be added to the end of Development Standard 11 which states"Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers." In addition, Development Standards 13 and 14 are not in reference to Department of Public Health and Environment. Additionally,Development Standard 6 can be included with Development Standard 5 in regard l 2012-3322 C`Oryb+ J,.Uru Ca±10KVJ 11-21-12 - to the Waste Handling Plan. Mr.Ogle said that during construction portable toilets and bottled water will need to be provided and recommended that they remain included in the development standards. ir Nathan Keiser,Anadarko Petroleum, 1099 18th Street, Denver CO,stated that they are proposing a 5.5 acre water storage pond that will hold 60 acre feet of water. Water from this location will be piped to the individual drilling and well sites. They estimate that this project will reduce truck traffic between 500 and 900 round trip truck trips per well. Additionally, Mr. Keiser said that they inherited the buildings on site and intends to secure the existing buildings and residence on site as well as the removal of the mobile homes. Commissioner Grand inquired how the water will be pumped into the pond. He clarified if it will be trucked in. Dave Hertel,Anadarko Petroleum, 109918th Street, Denver,CO,stated that they have purchased water from the City of Aurora and are currently looking at sites to drill water wells. The water will be piped into the pond and no trucks will be hauling water to the site. Commissioner Smock noted in the application it states that they are proposing a 4 acre water storage pond with an estimated 30 acre feet of water and asked if they have amended their request. Mr. Hertel said that is correct and added that they have increased their water storage. 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. Motion: Forward Case USR12-0051 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 = 7). Yes: Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley, Nick Berryman,Robert Grand. D'` CASE NUMBER: USR12-0054 APPLICANT: RANDE BERNAL PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY(PARKING,STAGING AND MAINTENANCE OF OIL AND GAS WATER SERVICE TRUCKS) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT C REC EXEMPT RE-4461;PART SW4 SECTION 3,T4N,R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 55 AND APPROXIMATELY 1/4 MILE NORTH OF CR 48. Chris Gathman, Planning Services, presented Case USR12-0054, 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. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements of the site. OD Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Evett stated that Condition of Approval 1.E has been met and recommended deleting Development Standards 17 and 22 as they are included in Development Standard 18. In addition, Ms. Evett read into record a new development standard that needs to be added"In the event the 2 facility's water system serves more than 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations." r' Motion: Delete Development Standards 17 and 22, Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed unanimously. Motion:Add Development Standard as read into record by staff and renumber accordingly,Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed unanimously. DIr James Bernal, Integrity Trucking,23466 CR 55,Kersey,CO,stated that they are a support company that hauls water to the oil and gas industry. They operate 24 hours with 2 shifts per day. Commissioner Maxey clarified how many employees will utilize the site. Mr. Bernal said that they currently have 25 but would like to have up to 30 employees. 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. D`' Motion: Forward Case USR12-0054 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=7). Yes: Benjamin Hansford,Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. LS' CASE NUMBER: USR12-0060 APPLICANT: JANA BIRDWELL&SHIRLEY DAHL PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A KENNEL (40 DOG NON-PROFIT RESCUE AND BOARDING KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4328;PART N2NW4SE4 SECTION 21,T2N, R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: 0.25 MILES WEST OF CR 55, 0.5 MILES SOUTH OF CR 20. ®' Kim Ogle, Planning Services, presented Case USR12-0060, 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. Mr.Ogle stated that four(4)letters were received from surrounding property owners with concerns including temperament and health of the rescued dogs, safety of adjacent property owners, 24/7 day a week operation of the facility, devaluation of property, continual dog barking,dog at-large issues,dust issues on the County Road 55,safety to livestock,and luring of coyotes. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and requirements of the site. The access is a recorded access easement and the applicants have obtained permission to use this access for their proposed use. * Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site 3 dust control, and the Waste Handling Plan. Shirley Dahl, 8759 CR 55, Keenesburg, CO stated that they are proposing a 40 kennel for potential expansion; however they do not intend to have that many dogs on site. Currently they have 16 dog runs. They intend to fence the entire perimeter of the property with an additional 6.5 foot gaming fence surrounding the dog areas. Ms. Dahl understands the barking issue and will do the best they can to control noise. She added that this is not a money making process; but rather a heartfelt project. There may be up to two(2)part- time employees with maybe some volunteer assistance. Marla Dugger, 8393 S Wadsworth Court, said that they have applied for a 501 c(3) nonprofit designation and hope to accept donations. She stated that Ms. Dahl and herself have been doing rescue since 2000. They take dogs from shelters that will be euthanized and their goal is to rehabilitate them and find good homes for these dogs. Commissioner Maxey asked how long the average time is to rehabilitate the dogs. Ms. Dahl said it could be 2 days or 2 months. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Robin and Bonnie McIntosh, 8335 CR 55, Keenesburg, CO, inquired if the 40 dog kennel is in addition to the dogs already there. She noted that the dogs roam free as depicted in the visual presentation and added that one time when Robin was fixing fence in the pasture they thought one of the dogs was going to attack him. Another time one of the dogs was chasing a cow that was ready to drop a calf. She expressed concerns in regard to decreased property values and the noise from the baking dogs. In addition,she noted that there is only enough room for 1 vehicle on the access road and said that with the added traffic they will be going onto their property. Robin McIntosh stated that the wildlife is disappearing. When they first moved onto the property in 2001 there were herds of deer and antelope and now they don't have any because of the roaming dogs. Jerry Feather stated that he believes that they are already in violation with having more dogs than what is allowed. He said that there is already a lot of traffic with the oil and gas industry, so with the combination of this additional traffic it will be unbelievable. Christine Curl, 26521, CR 18, stated that she is concerned with the noise and property valuation. She commended the applicants for the cause but said that it may not be the right location. She asked that if this case is approved, that it be limited to the 16 dogs. r Shirley Dahl said that they will take care of the loose dogs by installing fence to contain the dogs. The dogs that she has will not attack anyone; however they will bark at them. She understands that they bark and will try to control that but said that they bark during the day. Ms. Dugger said with regard to traffic they will not advertise their location and people will not be coming to the site. They will have events in town or at other joint events for people to look at the dogs. They also bring the dog to the potential owner so they can screen the home for the dog. For anyone coming to the site it would be by appointment only. Commissioner Maxey asked what the typical practice is for noise control. Ms. Dahl said that there is a reason for a dog to bark and added that when they are in the recreation area they will bark at each other. She has one dog that barks for her attention. So they try to keep the dogs active and work with obedience control. She added that according to the new PACFA regulations a 4 foot barrier is required between the dogs and this will help to eliminate the barking. Ms. Dugger said that they have installed ultrasonic devices to control the barking and added that they are also thinking about putting in landscaping to help control the noise as well. Commissioner Grand asked the applicants if they would be acceptable to limiting the number of dogs to 20 4 which would minimize the traffic and noise issue. Ms. Dahl said that she put in 6 employees for growth but the same number of volunteers would be coming if there were 20 or 40 dogs. She added that they would be okay with that but right now they are very near that limit with the 16 dogs currently. 1► Motion: Reduce the number of dogs on site to 20 dogs, Moved by Robert Grand. Commissioner Lawley asked the applicants if they understood the motion to reduce the number of dogs allowed on site and if 20 dogs is acceptable to them. Ms. Dahl said that they would be willing to go to 25 dogs to allow room for a few more dogs. She added that she doesn't want to have 40 dogs on site and wants to be a good neighbor. Motion:Amend Motion to reduce the number of dogs on site to 25 dogs in Development Standard 24,Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed 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: Forward Case USR12-0060 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= 7). Yes:Benjamin Hansford,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley, Nick Berryman,Robert Grand. Le" 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. Kris Ranslem, Planning Services, presented the 2012 Planning Commission hearing dates. Meeting adjourned at 3:30 pm. Respectfully „s�ubm submitted, 4 .�l L:66w y` LLIIaIur . Digitally signed is of Ranslem d Reason:I am the author of this document Date:2012.11.13 11:44:54-07'00' Kristine Ranslem Secretary 5 Hello