HomeMy WebLinkAbout20112222 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 2, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley `
Nick Berryman
Robert Grand
Bill Hall
Ben Hansford (-
Alexander Zauder
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Jason Maxey
Also Present: Michelle Martin, Kim Ogle, Tom Parko and Chris Gathman, Department of Planning Services;
Don Carroll, Department of Public Works; Mary Evett and Troy Swain, Department of Health;Jonathan Gesick
and Frank Piacentino, Building Department; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the July 12, 2010 Weld County Planning Commission minutes, seconded by
Jason Maxey. Motion carried.
Robert Grand moved to nominate Tom Holton to remain as Chair, seconded by Mark Lawley. Motion carried.
Robert Grand moved to nominate Mark Lawley as Vice Chair, seconded by Nick Berryman. Motion carried.
The Chair read the first case into record.
CASE NUIMBER: USR-1783
APPLICANT: Union Pacific Railroad, c/o Jeremy Long
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts, (sale of animal feed, pet food,
pinto beans, hay, straw and shavings, cars, trucks, farm equipment,trailers,
campers, RV's, boats,ATV's, motorcycles, sheds, the sale of food from a self-
contained mobile unit and the purchase of metal and aluminum cans from the
public) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Union Pacific Railroad Right-of-Way being located in part of the NW4 NW4 of
Section 23, T4N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to State Hwy 85; South of and adjacent to CR 44.
Michelle Martin, Planning Services, stated that the applicant has applied for a Site Specific Development Plan
and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts, (retail sale of animal feed, pet food, pinto beans, hay,
straw and shavings, cars, trucks, farm equipment, trailers, campers, RV's, boats, ATV's, motorcycles and
sheds and the retail sale of food from a self contained mobile unit and the purchase of metal and aluminum
cans from the public) in the A (Agricultural) Zone District
The surrounding property to the north, south, east and west are zoned agricultural. No comments have been
received from the surrounding property owners. The Hunt-Wiedeman PUD to the northwest has Agriculture,
C-3 (Business Commercial), and Estate uses.
The property is not located within an Intergovernmental Agreement Area but does lie within the three mile
referral area for the City of Evans, Town of Gilcrest and Town of LaSalle. The Town of LaSalle stated in their
referral dated May 25, 2011 that they have no conflicts with the proposed development. The City of Evans and
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8- is- 7nf + 2011-2222
the Town of Gilcrest did not respond to the referral request. The majority of the surrounding area is zoned
agriculture with the Hunt-Wiedeman PUD to the northwest with Agriculture, C-3(Business Commercial),and
Estate uses. To the East is Martin Produce Processing and Storage,which is permitted under AMUSR-548,
and to the Northeast is the Martin Bros Migrant Housing, permitted under USR-1084. Staff believes that the
Conditions of Approval and Development Standards will ensure that the use will be compatible with existing
surrounding land uses.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Ms. Martin added that the applicant is leasing the property from Union Pacific Railroad.
Mary Evett, Environmental Health, stated that the Central Weld County Water District provides water; however
there is not a septic system on the property and the applicant is requesting the use of portable toilets. Since
this facility is in operation year round and there are employees and customers at the site the Health
Department requires permanent sewage disposal by a septic system.
A letter was received from Union Pacific Railroad, Rod Peterson Senior Manager, stating that the Railroad
would not be in favor of placing a septic system on this property; however they would allow portable toilets.
Ms. Evett said that she tried contacting Mr. Peterson today; however he is out of the office until Monday. She
added that she contacted another person, Greg Larson, Manager of Real Estate with Union Pacific Railroad
and he indicated that she needed to talk to Rod Peterson. In addition, she researched some businesses that
are located in Union Pacific Railroad leasehold properties and she found a couple businesses that do indeed
have septic systems on the property. Therefore, Condition of Approval 5 requires that a septic system
designed by an engineer be installed on the property.
Ms. Evett recommended that Condition of Approval 6 be deleted as the applicants have provided a Waste
Handling Plan. In addition, the facility is proposing to purchase aluminum cans from the public for recycling
and per Section 8 of the State's regulations pertaining to solid waste sites, this facility is required to register as
a recycling facility. Therefore she recommended adding a Development Standard 19 and renumber
accordingly in regard registering with the State as a recycling facility.
Jason Maxey moved to delete Condition of Approval 6, seconded by Alexander Zauder. Motion carried.
Jason Maxey moved to add Development Standard 19 and renumber accordingly as recommended by staff,
seconded by Mark Lawley. Motion carried.
Jonathan Gesick, Building Department, stated that he visited the site on two separate occasions. The first
visit was to walk around the exterior of the building and he checked for storage and the condition and shape of
the building. On the second visit he inspected the electrical wiring. He added that there has been wiring done
without a permit. Mr. Gesick stated that he visited with the applicant regarding the requirement of an electrical
permit. A Change of Use Building Permit will be required for the building. The applicant will need to provide
an Engineer's Investigation Letter on the building for the structure and framing. They will also need an
electrical contractor come through and access the wiring for the building. Handicap Accessibility is also
required from the parking lot into the building and to the restrooms as well. There is storage of many different
products in the building, including hay. When storing hay there needs to be a separation and they are asking
that it be shown on the plans as well as all the items that are stored in the building so that they can evaluate it
to see if a firewall may be required.
Don Carroll, Public Works, stated that the access is from State Highway 85 Frontage Road under CDOT
jurisdiction. The applicant will need to provide documentation for verification from CDOT. This location is part
of the U.S. Highway 85 Access Corridor Plan and he wants to make sure that the applicant is aware that
possibly sometime in the future there might be some realignment associated with this intersection. This
location is currently a full-movement intersection and non-signalized. The angle is 50 degrees,which is not a
good angle. We need to make sure that the site triangle is not obstructed by any storage of material.
Jeremy Long, 16166 CR 44, introduced himself.
Amy Long stated that his son, Jeremy, owns the building but he operates the business in the building together
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with him. Amy said that the septic system is an issue because the Railroad doesn't want anything in the
ground at that area because it is a small narrow area and they don't want any water to be undermining the
railroad. He added that they indicated that they have other property where there are vaults or portable toilets
and that is what they would prefer to see.
Amy Long said that the building permit could be very costly. He added that he is not clear what the cost is for
the required building permit. The hay can be removed and never stored in there. The building could be used
for private storage only as well. He added that they could utilize a portion of the building as an office for their
business because they do not have many clients that come in the building, possibly 10 people per day. He
added that they lease the property from the railroad but own the building and are stuck with it because their
lease is year to year.
Commissioner Maxey asked how long they have been operating. The Longs answered that they have owned
the building for 12 years but have been operating for the last 5 years.
Mr. Maxey asked if a vault would be acceptable. Ms. Evett said that the letter from the Railroad indicated that
they would not be in favor of a vault. She added that the Health Department allows vaults under temporary
uses, 6 months or less.
Commissioner Lawley asked the applicants if they have talked to the Railroad. Jeremy Long said that he did
talk to the Railroad and because of the angle of the property there is not enough property there to put in a
septic system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Holton said that it appears that the Railroad is holding up the case with regard to the septic
system as well as having issues with the Building Permit. Ms. Evett indicated that the application stated that
there are 3 employees proposed; therefore it would probably be a small septic system. Mr. Gesick said that
they need to receive a definite plan from the applicant's on what they propose to store in this building and/or
future plans. He added that the applicant's have suggested many ideas but have not provided a definite plan.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Mark Lawley moved that Case USR-1783, 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, seconded by Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder,yes;Jason Maxey,yes; Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Holton suggested that prior to the Board of County Commissioners hearing,the applicants visit
with the Union Pacific Railroad and Building Department to resolve those issues.
The Chair read the next case into record.
CASE NUMBER: USR-1787
APPLICANT: Dietzler Water Resources Corporation
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service Facility(water supply&storage) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: N2NW4 Section 13,T10N, R61W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 118; East of and adjacent to CR 95.
Kim Ogle, Planning Services, stated that the request is for a site specific development plan and a special
review permit for oil and gas support and service facility(water supply&storage) in the A(Agricultural)Zone
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District. The applicants are Dietzler Water Resources Corporation of Lisle, IL who is represented by Mickey
Lebya-Farnsworth of Patrick Engineering, Inc.
The site is located east of and adjacent to County Road 95; south of and adjacent to County Road 118 on an
80 acre tract of land which is part of a 3840 acre tract of land held by the applicant.
The facility is located in a rural agricultural area on a parcel containing no improvements. Adjacent properties
are utilized for grazing of cattle and similar ranching operations. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties. There are no residences in the immediate area.
The site is located within the three-mile referral for the Town of Grover; The Town of Grover in their referral
dated June 10, 2011 stated "The Town of Grover is gravely concerned about this project and its close
proximity to the Town of Grover. First and foremost we are concerned about the huge amount of water that
will be coming out of the facility and the effect that will have on the water table in the area. We are also
immensely concerned about the huge amount of truck traffic it will bring to the area that is already being over-
run with this type of traffic. Weld County Road 390 is already in a state of deterioration and we cannot imagine
what 300 trucks per day going in and out of this site will do to this road, not mention adding to the dust
problem that is already out of control. Lastly, we would like it noted that we will not allow any truck traffic
through Grover on our Main Street (Chatoga Avenue). All trucks should follow the designated truck route
using Road 122/Wilson Avenue on the north side of Grover."
The maximum projected number of groundwater delivery loads to be hauled from this facility will be 320 loads
of water per day, utilizing approximately 40 tanker trucks to fill and deliver 8 loads of water per day.
This Use by Special Review will be subject to a designated haul route and any intersection improvements such
as adequate turning radiuses, dust control if needed, on-site improvements or upgrades necessary to
accommodate this type of use.
The Department of Public Works has identified the haul route for this facility. All trucks will travel north for two
miles on County Road 122.
There are 4 wells on the 3840 acre tract of land permitted for industrial use per the Colorado Division of Water
Resources referral dated June 15, 2011. The 80 acre tract of land is part of this land which is owned by the
applicant.
There is also one well approved for the withdrawal from the alluvium for watering of livestock. This well
(Permit Number 56473-F) is not part of the water source for the proposed water supply and storage
component.
There are two(2)property owners within five hundred feet of this facility. The nearest residence is to the west
of the facility near County Road 118 and County Road 390.
Eleven referral agencies have reviewed this case and five offered comments, some with specific conditions
that have been incorporated into this recommendation.
There have been no letters, telephone calls or other contact received from interested parties.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Troy Swain, Environmental Health, stated that they would like to remove Condition of Approval 1.1 as the
applicant has submitted a Dust Control Plan that has been approved by the Department of Environmental
Health. Mr. Swain said that they have had discussions with the applicant and recommended removing
Condition of Approval 1.G for the following reason: The provision in the Weld County Code that requires
permanent sewage disposal and sanitary facilities are for structures where people congregate. Typically the
Department follows Policy K on the use of portable toilets where they only allow them for temporary or
seasonal use. In this case there are no employees and no structures. All it is are truck drivers coming in to
load and unload. Because of the truck drivers coming in to load or unload,the Department recommends that
toilet facilities be provided for the drivers. Mr. Swain stated that they believe it is a modern adequate service
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for this use, there are no stationed employees or occupied structures; therefore the Department is not
opposed to the applicant's request to remove this condition.
Mr. Swain stated that if this condition is removed then we also need to amend Development Standard 17 by
removing "drinking water, hand washing, and".
Commissioner Maxey inquired what that does for Development Standard 4 regarding the number of
employees employed at the site. He understands from previous cases that although this is a facility where
they have truck drivers come and fill up a truck it is a year round operation. Mr. Ogle said that it is a year
round operation 24 hours a day, and therefore based on previous cases having similar uses requires a
lavatory for employees or patrons of the facility. .
Commissioner Maxey moved to delete Condition of Approval 1.1, seconded by Nick Berryman. Motion carried.
Don Carroll, Public Works, stated that the access is onto County Road 95, a local gravel road. County Road
122 is a couple miles to the north and is classified as a collector road. An Improvements Agreement, including
a designated haul route and tracking pads is required. A Preliminary Traffic Study was provided and indicated
320 round trips per day. A stop sign is requested coming out onto County Road 95. No parking or staging of
vehicles is allowed on county roads.
Mickey Leyba-Farnsworth, Project Manager with Patrick Engineering, 1499 120th Ave, Denver,CO, requested
that the Planning Commission support the request to strike the requirement for the permanent sewage
disposal system.
The intent of the facility is to supply the groundwater to oil and gas companies to support their drilling
operations within a 50 mile radius. In addition, the facility will have the ability to support groundwater for
municipal, industrial and irrigation uses. Currently there are two(2)groundwater wells and they have started
drilling for the next 2 additional wells. It is their intent to have four(4)wells up and operational. Several other
well sites are proposed to tie into their load out facility. They are estimating approximately 200 gallons per
minutes for each well, resulting in 400 gallons per minutes from each site.
The load out facility will be a system of well pumps, water lines and frac tanks. This will allow the facility to
develop and store water in an efficient manner. The load out facility will be connected with the 8 inch and 15
inch distribution pipelines that will tie into the load out facility. Each well will also have its own dedicated
control and monitor connection that can be programmed as well as manipulated manually or via a secured
internet connection.
As the haul trucks enter the load out facility there will be signage that will guide the drivers to the appropriate
direction to the fill stations as well as directions for loading.
Commissioner Maxey asked how long it takes to fill a truck. Ms. Leyba-Farnsworth said that they are
proposing 400 gallon per minute pumps which would take approximately 15 minutes. She added that they are
expecting 40 trucks at 8 trips per day spread over a 24 hour period at full build out.
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.
Mark Lawley moved that Case USR-1787 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, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey,yes; Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:37 pm and reconvened the meeting at 2:45 pm.
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The Chair read the last case into record.
CASE NUMBER: Ordinance 2011-6, Ordinance 2011-9, and Ordinance 2011-10
PRESENTED BY: Tom Parko and Frank Piacentino
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 8
Public Works, Chapter 23 Zoning and Chapter 29 Building Regulations, of the
Weld County Code.
Tom Parko, Planning Services, introduced the proposed code changes. A lengthy discussion took place over
Sections 23-3-60 and 23-2-160.V regarding animal species and units allowed in the proposed new A-1
Concentrated Animal Zone District. Commissioner Holton inquired as to why at the time of Change of Zone to
A-1 does the animal species need to be defined. He added that given the zone district, surrounding property
owners should be aware that no matter the species it is a confined animal zone district. He is concerned that
if someone wished to change the species from cattle to chicken that they would need to go through the entire
public process again.
Bruce Barker, County Attorney, stated that we require a new Site Plan Review in the commercial zone districts
every time the business changes so why don't we do the same thing with this process. Trevor Jiricek,
Planning Director, stated that it seems reasonable to not require the species at the time of change of zone;
rather it would be called out at the Site Plan Review process.
Mr. Barker noticed that we need to include the A-1 Zone District under Section 23-2-150.8 and recommended
moving the language "The applicant shall specify the maximum number of animal units and species to be
associated with the Livestock Confinement Operation" from Section 23-3-60.B.1 to Section 23-2-160.V.8
With regard to Chapter 8 Public Works, Sections 8-12-10 and 8-12-140 regarding Grading Permits, the
consensus of the Planning Commission was to continue this until the September hearing to allow additional
time to review the changes particularly the insurance and bonding requirements as well as some duplicate
requirements with the State of Colorado.
Robert Grand moved to make the recommended amendments to the proposed code changes in Section 23-3-
60.6.1, seconded by Benjamin Hansford. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Ordinance 2011-6 and Ordinance 2011-9 along with amendments suggested by
staff be forwarded to the Board of County Commissioners along with the Planning Commission's
recommendation of approval, seconded by Alexander Zauder. In addition, Mr. Grand moved to continue
Ordinance 2011-10 to the September 6, 2011 Planning Commission hearing, seconded by Mr. Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey,yes; Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Meeting adjourned at 3:51 pm.
Respectfully submitted, q^ ,^
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Kristine Ranslem
Secretary
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