HomeMy WebLinkAbout20123625.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 4, 2012
0. A regular meeting of the Weld County Planning Commission was held in the Weld county
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Jason Maxey, at 1:30 pm.
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 Diana Aungst, Department of Planning Services; Don Carroll and Heidi
Hansen, Department of Public Works; Lauren Light, Mary Evett and Troy Swain, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
r` Motion: Approve the November 20, 2012 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Jordan Jemiola. Motion passed unanimously.
i' CASE NUMBER: USR12-0070
APPLICANT: WELLS RANCH
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE, (INCLUDING OIL AND
GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING,
BUT NOT LIMITED TO, FIVE (5) COMPRESSORS ASSOCIATED WITH GAS
PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR
TRANSPORT TO MARKET AND ONE COMMUNICATION TOWER UP TO
SEVENTY (70) FEET IN HEIGHT), IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: SUBX12-0024 BEING PART OF THE N2 NW4 NW4 OF SECTION 27, T6N,
R63W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 68; EAST OF CR 67.
lir Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the December
18, 2012 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case USR12-0070 to the December 18, 2012 Planning Commission hearing, 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,
Robed Grand.
CASE NUMBER: USR12-0064
APPLICANT: DAVID& KAYLEEN HUNT, C/O A&W WATER SERVICE, INC.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B 2ND CORR REC EXEMPT RE-3929; PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 85 AND SOUTH OF AND ADJACENT TO
CR 40.
2012 3625
C in ntx,r'Lf (0_11017100-17-1 .A
®' Diana Aungst, Planning Services, stated that the applicant is requesting a continuance to the
January 15, 2013 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case USR12-0064 to the January 15, 2013 Planning Commission hearing, Moved by
Benjamin Hansford, Seconded by Robert Grand.
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.
CASE NUMBER: USR12-0058
APPLICANT: TIMOTHY THOMPSON, C/O A&W WATER SERVICE, INC.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE-3994; PART SE4 SECTION 6, T3N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 85 AND NORTH OFAND ADJACENT TO
CR 36.
D. Diana Aungst, Planning Services, stated that the applicant is requesting a continuance to the
January 15, 2013 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the
continuation of this case.
Kirk Goble, Bell 5 Land Company, 710 11th Avenue, Greeley, CO, stated that he represents McGlothlin
Farms. He said that this late notice of continuance creates a significant hardship since Mr. McGlothlin
lives in Maryland and made travel arrangements as well as contacted over 60 people on this case prior to
hearing.
• Motion: Continue Case USR12-0058 to the January 15, 2013 Planning Commission hearing,
Moved by Robert Grand, Seconded by Jordan Jemiola.
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.
li` CASE NUMBER: USR12-0066
APPLICANT: LEWIS&SEDONIA HERRERA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING
AND EQUIPMENT STORAGE ASSOCIATED WITH AN OILFIELD SERVICE
FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: N2NW4 SECTION 26, T7N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST AND ADJACENT TO CR 69 AND APPROXIMATELY 1.0 MILES SOUTH
OF CR 80.
▪ Diana Aungst, Planning Services, presented Case USR12-0066, reading the recommendation and
comments into the record. Ms. Aungst noted that concerns were received from a surrounding property
owner outlining noise and the establishment of a business on the subject property. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Grand asked if there are any screening requirements. Ms. Aungst stated that staff is
recommending that the applicant screen the area from the adjacent landowners and public rights of way
by installing a 6 foot high opaque fence.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Maxey noted that Development Standard 15 reads that there would be 12 trucks utilizing
the site and wanted to clarify that there would only be 12 truck trips per day. Ms. Hansen recommended
amending the language to say 12 truck round trips per day.
► Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan and Dust Abatement Plan.
Lewis Herrera stated that he purchased this property in July 2012. He intends to also use the
property as his residence in the future. The use will encumber 10 acres of the site to park vehicles and
equipment for the business. He added that his employees will take the equipment and vehicles out on
Mondays to the jobsite and return back on Fridays.
Commissioner Maxey asked if Mr. Herrera understood the Development Standard to read that there
would be 12 truck trips per day. Mr. Herrera replied that he understood and expects less trips per day.
Commissioner Berryman asked what type of screening the applicant is proposing. Mr. Herrera said that
he intends to install a chain link fence with privacy slats.
Ds' Motion: Amend Development Standard 15 reflecting the 12 truck trips as recommended by staff,
Moved by Robert Grand, Seconded by Benjamin Hansford.
Motion carried unanimously.
D. The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Avram Yaffee, 37670 CR 69, stated that he owns three (3) properties on County Road 69. He said that
the area is nothing but grazing and residential homes. He added that there are no businesses and said
that by allowing this request it would not fit in with the character of the area. He cited Section 22-2-30.A.2
regarding uses being allowed when it is compatible with the area. He said that the noise from the trucks
reverberates off of his home. He cited Section 23-2-200 and noted that this use is not compatible with the
surrounding land uses.
Mr. Yaffee provided pictures of vehicles that were on site July 2012 and added that he believes Mr.
Herrera has been less than honest with them.
iv. Jim Sullivan stated that he lived across the site up until 30 days ago. He said that he met the
applicant in July 2012 when he saw some vehicles parked on site. At that time Mr. Herrera said that he
would be parking up to 3 vehicles there for a three to four month period of time. Following that
conversation, he said that there were more vehicles and equipment moved onto the subject property. Mr.
Sullivan said that from July until now, Mr. Herrera has not been in compliance and doesn't believe that he
will be in compliance if approved.
Mr. Herrera said that he located the equipment on the site furthest away from any of the
homeowners. He added that the trucks are not that noisy and said that the drivers do not drive over 20
mph down the dirt road. He said that they are very aware of the dust and noise issues and try to be
considerate of that. He wants to get along with his neighbors.
The Chair asked the applicant if he has 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 USR12-0066 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 (summary: Yes=6, No=1)
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Mark Lawley, Nick Berryman, Robert Grand.
No: Joyce Smock
CASE NUMBER: USR12-0065
APPLICANT: BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W
WATER SERVICE, INC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE MATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SW4 SECTION 25, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 40 AND EAST OF AND ADJACENT TO
CR 35.
W. Diana Aungst, Planning Services, presented Case, reading the recommendation and comments into
the record. Ms.Aungst stated that one letter was received from a surrounding property owner expressing
concern over noise, safety and truck traffic. 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 the
requirements on site.
D" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan and Dust Abatement Plan.
Ds' Jeff Wright, A&W Water Service, 1892 Denver Ave, Ft. Lupton, CO stated that this water depot is in
response to Weld County so that they are off the roadways to fill with water. He added that there will be
up to 100 truck trips per day and is willing to change the haul route to accommodate concerns expressed.
In regard to noise they will be loading their trucks near the tanks so that the tanks can mitigate some of
the noise.
D" The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Norma Taylor, 1001 Ash Avenue, Gilcrest, Colorado. Ms. Taylor said that she serves on the Gilcrest
Town Board and added that they did not know about this request. She appreciated concerns that Mr.
Grand expressed in regard to traffic on Highway 85. Ms. Taylor said that one mile of Highway 85 goes
through Gilcrest with a minimum speed of 50 mph. She expressed concerns regarding the speed of
traffic on Highway 85 and turning on and off of the highway. Ms. Taylor stated that she has no problems
with A&W Water and has no problems with this type of operation; however she is concerned with traffic.
0' Mr. Wright said that they are willing to work on the haul routes and find a route that accommodates
those concerns. The 100 truck count is high and they don't believe that they will reach that number so he
is willing to reduce that number.
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.
ID" Motion: Forward Case USR12-0065 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 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.
CASE NUMBER: USR12-0069
APPLICANT: LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA WATER
SERVICES
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT (AMUSR-729) FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT (CLASS II
OILFIELD WASTE DISPOSAL FACILITY-SALTWATER INJECTION FACILITY
AND ASSOCIATED FACILITIES) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBX12-0025 BEING PART OF LOT B RE-634 LOCATED IN THE SE4
SECTION 26,T6N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 64; APPROXIMATELY 0.5 MILES WEST
OF CR 47.
Ir Kim Ogle, Planning Services, presented Case USR12-0069, reading the recommendation and
comments into the record. Mr. Ogle noted that letters and phone calls have been received from
surrounding property owners expressing concerns regarding idling and staging of trucks along County
Road 64, change of hours of operation, and dust control. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll asked if the applicant can clarify the number of round trips per day they
are expecting.
r Troy Swain, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, noise, and the Waste Handling Plan and Dust Abatement Plan. Mr. Swain
recommended removing Condition of Approval 1.G since it is covered under Conditions of Approval 5.A
and 5.B.
Motion: Delete Condition of Approval 1.G, Moved by Nick Berryman, Seconded by Robert Grand.
Motion carried unanimously.
Di" Doug White, Vice President High Sierra Water Services, 8207 W 201h Street, Greeley, CO. Mr.
White stated that this facility has been in operation since 1984 and they are proposing to expand the
facility by increasing tankage and drilling a new well. He added that approximately 10 trucks can be
staged on site. Currently the trucks are going through the Town of Kersey to another one of their
facilities. The Town of Kersey has expressed concern regarding the amount of truck traffic; therefore they
are trying to lower the impact by expanding this facility since most of their traffic is north of Kersey.
Commissioner Maxey asked if the applicant would clarify the number of truck trips per day. Mr. White
said that they are proposing a total of 90 round trips per day.
D' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Joyce Wallace, 23101 CR 64, stated that they have had a good relationship with Conquest in the past;
however when High Sierra took over that changed. She hopes that they will do what they can to rebuild
that trust. Ms. Wallace said that the noise from the trucks 24 hours a day, safety of their property with
trucks that park along their property is an issue.
Ms. Wallace said that with the expansion of the facility there is very little property left for staging of the
trucks. In addition, she expressed concern over the dust issue and wants to make sure that High Sierra
will control the dust.
Patty Schwalm stated that she lives north of the site. She expressed concern over the hours of
operation, noise and the amount of truck traffic.
Mr. White said that the design of the site allows the same amount of trucks stacking up on their
property. He added that with the design, the trucks should be off-loading quicker.
Commissioner Grand inquired if it is necessary to have a 24/7 operation. Mr. White said that under the
existing USR permit they currently operate 24 hours a day; however the trucks can only be accepted a
certain period of the day. At some of their other 24/7 facilities, they may get on average up to six (6)
trucks over the night time period.
In addition, Mr. White said that they are willing to put up signs to alert drivers that no staging is allowed on
the County Roads.
Commissioner Maxey asked if the trucks are idling when they are offloading. Mr. White said that they are
shut down because it is a safety issue.
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 USR12-0069 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 Mark Lawley.
Mr. Ogle pointed out that Development Standard 23 needs to be amended to clarify the 90 round trips per
day.
Motion: Amend Development Standard 23 to reflect the 90 round trips per day, Moved by Robert Grand,
Seconded by Benjamin Hansford.
Robert Grand amended his first motion to include the amended development standards and conditions,
Seconded by Mark Lawley.
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.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
Os" The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Grand requested if CDOT can provide a presentation at a future luncheon on how they
review Use by Special Review applications received from Weld County.
Meeting adjourned at 4:00 pm.
Respectfully submitted,
/1 Digitally signed by Kristine Ranslem
46t
(C+f7�tt��3'l. Date:2012.12.10 15:39:32-07'00'
Kristine Ranslem
Secretary
Hello