HomeMy WebLinkAbout20123238.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 16, 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: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Absent/Excused: Benjamin Hansford, Bret Elliott, Robert Grand.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst and Tom Parko, Department of Planning Services;
Wendell Heyen, Building Department; 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 October 2, 2012 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Nick Berryman.
Motion passed unanimously.
CASE NUMBER: USR12-0038
APPLICANT: WELLS RANCH, LLLP
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(OIL AND GAS ROUST-A-
BOUT BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 OF SECTION 32;PART OF THE E2SE4 OF SECTION 30;AND PART
OF SECTION 29; ALL IN T6N R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH AND SOUTH OF CR 64 SECTION LINE; 1 MILE EAST OF CR 61.
► Chris Gathman, Planning Services, presented Case USR12-0038, 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 Lawley asked how close the nearest residence is. Mr.Gathman said it is approximately'/.mile
to the south of the site.
D. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
► Vince Harris, Baseline Corporation,said that there will be three(3)businesses located from this property
all related to the oil and gas industry. There will be 6 full-time employees with 105 people that access the site;
however they will be gone during the day.
Commissioner Lawley inquired if the Screening Plan would be required, given that the nearest home is the
applicant's residence. Mr. Gathman said that given that the location is very remote and the residence is
utilized by the applicant,staff doesn't see that the Screening Plan would be necessary. However,since there
was a complaint on the case staff felt it should be addressed.
I' Motion: Delete Condition of Approval 1.A.7 and Development Standard 29 in regard to requiring a
2012-3238
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Screening Plan, Moved by Mark Lawley, Seconded by Bill Hall.
Motion passed unanimously.
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 USR12-0038 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 Bill Hall, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER: USR12-0047
PLANNER: DIANA AUNGST
APPLICANT: DOUGLAS&DEBORAH DUGGAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER DEPOT AND STORAGE) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0035; PART NW4 SECTION 4, T10N, R61W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 200 FEET SOUTH OF COUNTY ROAD 122 AND
APPROXIMATELY ONE-HALF MILE EAST OF COUNTY ROAD 89.
Ir Diana Aungst, Planning Services, presented Case USR12-0047, 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. The proposed traffic stated in the application is up to 12 truck trips per day;however
the applicant has indicated that they would like to raise that number. Ms.Hansen stated that Public Works is
acceptable to raising the number since the applicant will need to adhere to the Improvements and Road
Maintenance Agreement.
Lauren Light,Environmental Health, reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. She said that portable toilets are allowed according to their new
Environmental Health Policy; however the applicant is requesting a waiver from having any kind of sanitary
facility on site.
Doug Duggan 616 Chatoga,stated that they have been operating a commercial water depot and would
like to continue the use of this operation. The nearest residence is one-half mile from the site. Mr. Duggan
requested to amend the number of trucks to 35 trucks per day because they use smaller trucks. In addition,
they would like to have a lagoon for the storage of water to keep up with the demand.
Mr. Duggan said that the drivers are there only 10-15 minutes to load water and doesn't feel that having
portable toilets on site is necessary. He requested that no portable facilities be located on site.
Commissioner Lawley asked what the impacts would be of the proposed lagoon and additional truck traffic.
Ms. Hansen said that the additional truck traffic would be addressed under the Improvements and Road
Maintenance Agreement.
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I► Motion: Amend Development Standard 17 to reflect 35 trucks per day, Moved by Nick Berryman,
Seconded by Mark Lawley.
Motion passed unanimously.
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.
I► Motion: Forward Case USR12-0047 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 Bill Hall, Seconded by Mark Lawley.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
CASE NUMBER: USR12-0046
APPLICANT: NELSON RANCHES INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (GAS PLANT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBDIVISION EXEMPTION SUBX11-0009; LOCATED IN PART OF THE N1/2 OF
SECTION 18,T10N, R58W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 118 AND APPROXIMATELY 2.5 MILES
WEST OF CR 127.
Chris Gathman, Planning Services, presented Case USR12-0046, 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.
► Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan.
Mike Brown, Whiting Oil and Gas, PO Box 847, Mills, Wyoming, stated that the gas plant was in
operation since 1980. They were made aware that they needed a land use permit in the last year. So in
addition, they have added a staging area to the southern portion of the site.
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 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 USR12-0046 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 Jordan Jemiola, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
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Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman.
Robert Grand entered the meeting at 2:19 pm.
CASE NUMBER: USR12-0053
APPLICANT: FRANCISCO RAMIREZ
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING AN OIL AND GAS
SUPPORT FACILITY(ROUST-A-BOUT AND EXCAVATING SERVICE)IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2263; PART SE4 SECTION 9,T2N, R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31, NORTH OF AND ADJACENT TO CR 22.
Kim Ogle, Planning Services, presented Case USR12-0053, 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 read a letter provided by Mr.
and Mrs. Gildea into the record for the opposition to the request. A phone call from Mr. McPeek voiced
concerns regarding an increase in traffic.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site.
I► Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Stuart Gorton, Gorton Scott Engineering, 810 Half Measures Drive, Longmont, CO, said that the
applicant operates a roust-a-bout and excavation service and they intend to improve what is already there. He
requested that Development Standard 23 be amended to include up to 25 employees since he is already at 9
employees.
Motion: Amend Development Standard 23 to reflect 25 employees as requested, Moved by Robert
Grand, Seconded by Bill Hall.
Motion passed unanimously.
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 USR12-0053 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand.
CASE NUMBER: USR12-0056
APPLICANT: LEONARD&TAMMIE BALL, C/O NOBLE ENERGY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY-AN OIL AND
GAS SUPPORT AND SERVICE FACILITY(CRUDE OIL TRUCK UNLOADING AND
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OIL POLISHING FACILITY,COMPRESSOR FACILITY,CENTRAL PROCESSING
FACILITY AND FUTURE WATER RECYCLING FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 25, T8N, R63W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HWY14 AND 1.5 MILES EAST OFCR69.
Chris Gathman, Planning Services, said that the oil and pipe storage area was not included in the legal
notice. After speaking to the County Attorney's office it is their position that this case should be renoticed.
Brad Yatabe, County Attorney, said that they are of the opinion that the notice is insufficient for this case. He
said that the decision to continue is determined by the Planning Commission.
Mr.Jemiola noted that he serves on the Milliken Town Board of Trustees with Julie Cozad but believes that he
can make a fair and impartial judgment on this case.
In response to Commissioner Maxey's inquiry, Mr.Yatabe outlined the following options: 1)the PC can hear
only the noticed portion of the case,2)continue the case,or 3)hear the case including the additional item as
presented by the applicant.
Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, said that they feel that this
project was adequately noticed. In the notice the request was for an oil and gas support facility with many
aspects of the site included in parenthesis. The pipe storage area was part of the application in the very
beginning and included in the map. She added that the pipe storage area is an accessory use to the overall
use. Ms. Cozad said that they feel it is an undue burden to either continue the case or remove it from the
application and come back with an amendment to the application.
Commissioner Lawley recommended that this case be continued as advised by the County Attorney.
Commissioner Grand said that given the number of acres of the site and that there are no adjacent owners we
should move forward with this case. Commissioner Hall concurred with Mr. Grand.
Commissioner Maxey noted that although it may not be an adjacent owner, there was a letter of opposition.
Ms. Cozad noted that everyone was adequately noticed of the case and added that they provide a general
description because there is a risk of leaving one little thing out.
Dr Motion: Moved to hear the case with the additional tank and pipeline storage area, Moved by Robert
Grand, Seconded by Bill Hall.
Vote: Motion passed (summary: Yes= 5, No = 2, Abstain = 0).
Yes: Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
No: Jason Maxey, Mark Lawley.
I* Chris Gathman, Planning Services, presented Case USR12-0056, 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 Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site.
Lauren Light, Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan.
Julie Cozad,Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, stated that this is a joint
venture project with Noble Energy and Wattenberg Holding LLC. The pipeline that was approved two (2)
weeks ago connects the Briggsdale facility to the Rose Rock Truck Unloading Facility. The surrounding
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properties are native grassland and very few homes are located in the area. There are a lot of oil and gas
facilities in the area as well. Noble Energy will operate the oil polishing facility and the remaining site(the north
quarter of the site) is the Wattenberg site which will be the truck unloading facility. The access will be a
shared entrance to both the Noble Energy and Wattenberg facilities.
Commissioner Grand expressed concern to the entrance with regard to traffic safety. Ms.Cozad said that this
facility will significantly decrease the truck traffic throughout Weld County.
Ms.Cozad said that no comments were received from property owners within 500 feet; however there was a
letter submitted by Mr.Sullivan. She added that they met with Mr.Sullivan and he expressed that there are 16
residents who live on County Road 69, which is 7 miles from the facility. He requested that during the
construction of the facility that the traffic avoids County Road 69. Ms. Cozad said that they will include that in
their bid documents.
Commissioner Lawley encouraged the applicant to visit with CDOT to minimize the impacts to Highway 14 and
suggested adding signs cautioning the public that trucks will be entering the highway.
► The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jim Sullivan,38125 CR 69,stated that he is concerned with the potential traffic problems with the construction
and operation of this facility. In approximately March of 2012,the oil exploration and drilling began on the Ball
Ranch and added that all of the traffic came down County Road 69. He is concerned with public safety with all
of the added traffic when entering onto County Road 69. He has asked the Ball Ranch,Wells Ranch and High
Plains Trucking to use County Road 71 but they are still using County Road 69.
Commissioner Lawley inquired if a haul route was designated. Mr. Carroll said that it was not as the traffic
enters onto the State Highway.
Lynette Kilpatrick, 20487 CR 33, said that she would like the Planning Commission to consider the
construction phase of the facility. She said that they lived close enough to the Platteville site that when it was
being constructed there was a large volume of traffic. Now that the plant is operating the traffic has subsided
and just wanted to have them think about that.
► Ms. Cozad clarified that the traffic on County Road 69 right now is not from pipeline construction and
added that she believes that it may be from the construction of wells. She added that they are willing to work
with the neighbors out there and keep the construction traffic on other roads other than County Road 69.
Greg Pickerel, Noble Energy, 2115 117th Ave, Greeley, CO said that they were following CDOT regulations
with regard to aceleration and deceleration lanes for Highway 14. However, he added that they would be
willing to visit with CDOT and let them know of the concern that was raised and see if they would like to open it
back up and discuss it. He doesn't know if signs would be allowed in their right-of-way but they are willing to
visit with CDOT to minimize these impacts.
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.
Motion: Forward Case USR12-0056 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 Bill Hall.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand.
The Chair called a recess at 3:59 pm and called the meeting back to order at 4:12 pm. Joyce Smock left the
hearing at 4:00 pm.
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CASE NUMBER: USR12-0057
APPLICANT: STEVEN WELLS/WELLS RANCH
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 FACILITY AND OIL AND GAS STORAGE FACILITY
(OIL AND GAS CENTRAL PROCESSING FACILITY ALONG WITH AN OIL
STORAGE TANK AND FUTURE WATER RECYCLING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AND LOT B OF RECORDED EXEMPTION RE-2676; LOCATED IN PART
OF THE NE4 OF SECTION 21; NW4 OF SECTION 22;ALL IN T6N,R63W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO THE INTERSECTION OF COUNTY ROAD 67
AND COUNTY ROAD 68.
Chris Gathman, Planning Services, stated that like our previous case, the pipe storage area and one
tank were not included in the legal notice. The application did talk about having a total of two (2) tanks;
however the notice says there is an oil storage tank. The other item is that there is some pipe and tank
storage shown on the map; however it should be noted that this is a much smaller area than the Briggsdale
site.
Brad Yatabe noted that he has the same recommendation that it should be continued to include those uses in
the legal notice.
Ms. Cozad Tetra Tech, 1900 South Sunset Street, Suite 1 F, Longmont, CO, stated that the 2 tanks and pipe
storage was included in the application material and maps. It is her understanding that there have been no
opposition or comments related to this case.
Motion: Hear Case USR12-0057 with the additional tank and pipeline storage, Moved by Robert
Grand, Seconded by Bill Hall.
Vote: Motion passed (summary: Yes =4, No=2,Abstain = 0).
Yes: Bill Hall, Jordan Jemiola, Nick Berryman, Robert Grand.
No: Jason Maxey, Mark Lawley.
Absent: Joyce Smock.
Chris Gathman, Planning Services, presented Case USR12-0057, 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.
D. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site
dust control,and the Waste Handling Plan. Ms. Evett recommended amending Development Standard#12 by
deleting the 2nd sentence.
Motion:Amend Development Standard 12 to read"Fugitive dust and fugitive particulate emissions shall be
controlled on this site", Moved by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site.
Julie Cozad,Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, Colorado. This is also a joint
venture project with Nobel Energy and Wattenberg Holding, LLC. Ms. Cozad said that there are several
irrigated farms to the west of the site along with the numerous oil and gas activity on the Wells Ranch. She
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added that this will also help reduce truck traffic in the area as well.
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.
r' Motion: Forward Case USR12-0057 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 Robert Grand, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
I" CASE NUMBER: USR12-0042
APPLICANT: O& M HARMS LLC
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE(WATER DEPOT)IN
THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A OF RECX11-0054; PART SE4 SECTION 33, T12N, R58W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 134 AND 0.5 MILES EAST OF CR 125.
Tom Parko, Planning Services, presented Case USR12-0042, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. She indicated that the applicants do not wish to provide any kind
of restroom facility.
IP Dan Harms, 64920 CR 111, stated that they are requesting to sell water on this site. They have sold
water on this site since 1982, unaware that they needed a permit. He added that it takes 10 to 15 minutes for
a truck to load so he is requesting that no portable facilities be placed on site.
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 Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement with the exception of the
portable toilet facilities.
0' Amend Development Standard 11 to remove the required portable toilet facilities as requested by the
applicant, Moved by Jordan Jemiola, Seconded by Robert Grand.
Commissioner Maxey said that he is big on consistency and added that we just heard a case in the beginning
for the exact same thing and we did not agree to that request.
Vote: Motion failed (summary: Yes = 2, No =4, Abstain = 0).
Yes: Jordan Jemiola, Robert Grand.
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No: Bill Hall, Jason Maxey, Mark Lawley, Nick Berryman.
Absent: Joyce Smock.
Motion: Forward Case USR12-0042 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 Bill Hall, Seconded by Robert Grand.
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
Ir CASE NUMBER: USR12-0044
APPLICANT: LEONARD&JANYCE HARMS
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE(WATER HAULING,
DEPOT AND STORAGE OF MOBILE WATER TANKS) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOTA OF RECX12-0008 BEING PART OF THE S2 OF SECTION 26,T12N,R58W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 136(SECTION LINE)AND EAST OF CR 129.
Tom Parka, Planning Services, presented Case USR12-0044, 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.
D. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. She said that the applicant did not indicate in the application if
they are going to provide restroom facilities.
Janyce Harms,52715 CR 136,Pine Bluffs,Wyoming,stated that they did not ask for toilets because it is
not an everyday business. She added that from November 2011 to May 2012 they didn't sell 1 drop of water.
In addition, she indicated that she wants to collect the trash from the site and put it with her household trash
and have one pickup.
Ms. Evett said that with an average of 10 employees coming to the site it would be wise to have trash picked
up there. She added that there are development standards that no waste can be accumulated on site.
IS The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Douglas Graham, 20595 CR 33 , LaSalle CO, said that he is a truck driver in Weld County and said that this
site is located a long way from the nearest restroom facility. He added that when you are driving down a rough
gravel road for an hour sometimes it's hard.
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.
► Motion: Forward Case USR12-0044 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 Robert Grand, Seconded by Nick Berryman.
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Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
CASE NUMBER: COZ12-0001
APPLICANT: BUTTERBALL LLC
PLANNER: TOM PARKO
REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURE)ZONE DISTRICT TO THE I-3
(INDUSTRIAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2 SECTION 32, T3N, R65W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28 AND APPROX 2,800 FEET WEST OF CR
41.
► Tom Parko, Planning Services, presented Case COZ12-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval. In addition, Public Works and Environmental Health presented their
reports and stated that they have no concerns with this request.
Tim Naylor,AGPROfessionals,4350 Hwy 66, Longmont CO, stated that the applicants are requesting to
change the zone of the 320 acre site from agricultural to the industrial zone district.They anticipate the future
use of the site as oil and gas support but also understand that there may be other uses as well. Currently,the
property is a nonfunctioning turkey farm.
In response to Mr. Berryman's inquiry,Mr. Naylor said that the property has 80 acre feet of water per year and
believes that water will be available to the users; however those users will be determined by the amount of
water needed and what is available.
I' The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roy Wardell, 16512 N Essex Road, said that he owns the ranch across the road and added that Anadarko
wells are located on the southern portion his land. He asked if we really want to put more industrial uses in
this area as well as more traffic on County Road 28.
Mr. Naylor addressed Mr. Wardell's concerns. They feel, because it is located close to other industrial
uses, that this is compatible and an appropriate place for industrial uses.
The Chair asked the applicant if he read through the Conditions of Approval and if they are in agreement with
those. The applicant replied that he is in agreement.
Motion: Forward Case COZ12-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval,Moved by Robert Grand,Seconded
by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes=6).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
Absent: Joyce Smock.
The chair called a recess at 5:43 pm and reconvened the hearing at 5:56 pm
CASE NUMBER: MINF12-0001
APPLICANT: BIG THOMPSON INVSNT HOLDINGS LLC
PLANNER: TOM PARKO
REQUEST: FINAL PLAT FOR A NINE(9) LOT MINOR SUBDIVISION IN THE 1-3
(INDUSTRIAL)ZONE DISTRICT(HICKMAN SUBDIVISION).
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0056; PART W2 SECTION 23, T4N, R66W OF
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THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 44 AND EAST OF AND ADJACENT TO CR 33.
Commissioner Berryman recused himself from this case as he has an existing business relationship with
the applicant on this parcel.
DP Tom Parko, Planning Services, presented Case MINF12-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. In response to Commissioner Grand's inquiry regarding access onto County Road
44, Ms. Hansen said that the Weld County Grader Shed is being relocated to the southern lot of the
subdivision and this access will then become an industrial access. She added that when the end users apply
for a Site Plan Review, CDOT will then review the expected traffic volumes and require improvements as
needed to the intersections.
Mr. Parko noted that sometime next year the intersection of County Road 42 and Highway 82 will receive a
signalized intersection. At this time,CDOT determined that the intersection of County Road 44 and Highway
85 do not warrant traffic lights. Mr. Grand commented that this was before the approval of this subdivision.
Mr. Parko said that the next step,assuming this case is approved,would be for the users to submit a Site Plan
Review for each lot. These applications follow the very similar process to the Use by Special Review(USR)
permit process. Ms. Hansen pointed out that the Improvements and Road Maintenance Agreement with all
the triggers for paving,turn lanes,etc.will be part of each application. She added that the Road Maintenance
and Improvements Agreement is vetted through the Board of County Commissioners. Commissioner Lawley
said that he believes that this agreement is sufficient to satisfy the traffic impacts on the County roads and
sets triggers for those impacts.
Lauren Light, Environmental Health, stated that staff will review the requirements for the site as users
submit land use permits.
I• Tim Naylor,AGRPOfessionals,4350 Highway 66, said that this is a 9 lot minor subdivision on a 95 acre
site for the purposes allowed in the 1-3 Zone District.
Mr. Naylor said that the internal road will run from County Road 33 to County Road 44 and will be a two-lane
gravel road designed according to Weld County specifications. This allows traffic to have alternate routes
accessing County Road 33 and County Road 44. With this design,they have tried to minimize the amount of
traffic and eliminate crossing lanes on Highway 85. If County Road 44 is restricted they would need to access
County Road 33 and then they would be impacting the neighbors. Mr. Grand asked if it will be stipulated in the
sales agreement that they will be required to go east when accessing County Road 44. Mr. Naylor said that
they would make it a part of the Convenances. There was subsequent discussion of enforcing this request. It
was determined that the triggers are in place within the Improvements and Road Maintenance Agreement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cheryl Klassen, 16794 CR 44, stated that her parents border the subject site. She added that she was here
for the Change of Zone hearing and was disappointed by the decision made by the County Commissioners to
approve the request. At that time the Commissioners assured them that they would watch over the transition
of the land. She is concerned with the volume of traffic and the potential safety issues. Ms. Klassen said that
she is not reassured that the drainage onto their property has been taken care of and expressed concern over
the noise and light pollution as well.
There was discussion on the notification of the surrounding property owners when a Site Plan Review permit is
submitted. According to the conditions of approval stated in the Change of Zone Plat, surrounding property
owners are required to be notified within 500 feet of the parcel that is under review.
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Motion:Add Condition of Approval that the applicant must notify property owners within 500 feet of the
entire subdivision of any proposed use, Moved by Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
Doug Graham, 20595 CR 33, stated that he uses these roads as he is a truck driver. He added that
when he leaves in the morning he loops around Highway 85 and County Road 44 to get back onto Highway 85
safely. When he returns home on Highway 85 he turns onto County Road 33 so that he doesn't
inconvenience his neighbors who live on County Road 42. In addition, he has personally witnessed 2
accidents on County Road 44 and Highway 85. Mr. Graham noted that there has been a lot of dirt work and a
fence put up on Lot 1 and inquired what is going on there.
Mr. Parko said that the applicant submitted a grading permit; however it has not been issued by our
Department. The applicant has been told that they cannot move forward with their project until this case has
been approved and recorded.
► Lynette Kilpatrick, 20487 CR 33, stated that over 100 people protested the change of zone for this site.
A large number of those concerns were in regard to the increased traffic and safety. They were told that there
would be a signalized intersection at County Road 42 and Highway 85; however it still has not been installed.
The safety concerns at these intersections have not been approved and yet they see plans with 200 vehicle
trips per day initially with a potential of up to 5000 vehicles per day.
Mr. Naylor said that they agree with the conditions to notify the neighbors within 500 feet from the
subdivision. They are finalizing the drainage study and have designed swales to direct drainage away from
the neighbor's property. Mr. Naylor stated that they are not aware of any traffic utilizing the Western Mutual
Ditch road and added that there won't be any industrial traffic utilizing that ditch road. He said with regard to
Lot 1, Big Thompson Investment Holdings is allowed to grade that property under 1 acre. They do intend to
construct a building on that site after approval.
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: Add Condition of Approval that states "No left turn onto County Road 44, Moved by Robert
Grand. Motion died due to lack of second motion.
Commissioner Maxey said that we can only make recommendations to CDOT. He added that they are
concerned with the safety of the roadway and the accesses onto County Road 44 as well as through County
Road 33 to County Road 42 and onto Highway 85. Further, he trusts that there are triggers in the
Improvements and Road Maintenance Agreement that should address many of the traffic impacts.
Motion: Forward Case MINF12-0001 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Mark Lawley,
Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote(summary: Yes=4, No= 1).
Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Mark Lawley.
No: Robert Grand
Abtsain: Nick Berryman
Absent: Joyce Smock.
Commissioner Lawley agreed with Mr. Maxey's comments and added that we have to trust that the provisions
are in place to address the safety issues at the County level. He is confident that the County has the
mechanisms in place to deal with the traffic impacts.
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Commissioner Grand cited Section 24-3-60. 1 . 7 That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width and structural capacity to meet the
traffic requirements of the minor subdivision . He doesn't believe that County Road 44 and Highway 85 meet
that requirement.
D. CASE NUMBER: ORDINANCE 2012-7
PRESENTED BY: WENDELL HEYEN
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE.
Wendell Heyen , Building Official, presented the proposed code changes for Chapter 29 Building
Regulations. The Department is currently conforming to the 2006 Family of International Buildings Codes and
are proposing to update the code to reflect the 2012 Family of International Building Codes. The Weld County
Building Trades Advisory Board met on October 11 , 2012 and approved the changes. However, after some
discussion they recommended that the Weld County Building Department use the existing 2006 National
Energy Code.
Motion : Forward Ordinance 2012-7 with the exception of the 2012 National Energy Code to the Board of
County Commissioners along with the Planning Commission's recommendation of approval , Moved by
Jordan Jemiola, Seconded by Nick Berryman .
Vote: Motion carried by unanimous roll call vote (summary : Yes = 6) .
Yes : Bill Hall , Jason Maxey, Jordan Jemiola , Mark Lawley, Nick Berryman , Robert Grand.
Absent: Joyce Smock.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
S' The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Maxey asked about consistency on Development Standard wording. He added that with regard
to portable toilets one case stated that the applicant needs to provide quarterly documentation of the cleanout
and on other cases that wasn't included . Ms. Light said that it is stated in the Septic Code; however they can
include it to be consistent.
Meeting adjourned at 7:47 pm .
Respectfully submitted ,
Kristine Ranslem
Secretary
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