HomeMy WebLinkAbout20111662.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 12, 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
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Trevor Jiricek, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the June 7,2010 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: AmUSR-298
APPLICANT: Leroy& Peggy Bellmore, dba North Weld Gravel LLLP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 7,T8N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; South of and adjacent to CR 96.
Kim Ogle, Planning Services, stated that staff received a letter dated July 8, 2011 from Lisa Farmer of the
Applegate Group requesting withdrawal of the application for LeRoy and Peggy Bellmore, doing business as
North Weld Gravel.
Bill Hall moved to accept the withdrawal of Case AmUSR-298, seconded by Jason Maxey. Motion carried
unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1760
APPLICANT: Varra Companies, Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining
(sands, gravels and stones) and Materials Processing including concrete or
asphaltic batch plants and/or recycling operations in the 1-3(Industrial)Zone
District.
LEGAL DESCRIPTION: Part NW4, NE4& NE4, NW4 Section 9; and part S2 S2 Section 4, all in T5N,
R65W of the 6th P.M., Weld County, Colorado.
� LOCATION: North of 16`h Street; East of Ash Avenue, City of Greeley.
d/enritIruutx na1 1
7-a.5-off// au\ 1 Lc LC
Kim Ogle, Planning Services, stated that the site is not within an Intergovernmental Agreement Area or Urban
Grown Boundary, yet is within the three mile referral area for the Cities of Greeley, Garden City and Evans.
The City of Greeley provided two referrals dated December 17, 2010 and June 2, 2011 respectively. The City
in their referral dated December 17, 2010 provided several advisory statements including the coordination of
the reclamation of the site with the adopted East Greeley Study. In the follow-up referral requested by the
County, the City provided clarification on two issues in their June 2, 2011 electronic mail response.
The City of Greeley indicated that the Transportation Impact Study requirement was waived for this land use
application; and secondly that a Roadway Maintenance Agreement, including acceptable construction
drawings and a City of Greeley Public Works Right-of-Way Permit would be required for access onto Ash
Avenue, a City of Greeley maintained road.
The Cities of Garden City and Evans did not return a referral indicating a conflict with their interests.
The site consists of blighted lands historically utilized as a part of the Western Sugar Beet Cooperative
Greeley Plant. There are no improvements on the site; however, there are oil and gas encumbrances within
the permit boundary.
Adjacent land use to the south includes a rural residential development pattern on large tracts of land sited in
close proximity to East 16th Street with livestock and/or commercial operations. These properties are within
the Union Colony Lands Subdivision and are at a higher elevation than the proposed mine site.
The proposed land use is compatible with surrounding properties which include gravel operations in the
general vicinity, including AmUSR-345 for the DoeringsfeldNarra mine to the east and the Derr Pit (USR-
1660) to the north. The new Leprino Cheese Manufacturing Plant is located west of Ash Avenue.
The applicant has indicated that this mine operation will operate with up to 12 employees working shifts
Monday through Saturday. It is anticipated that mining operations will be for a period of up to 20 years,
depending on market conditions.
The materials mined will be moved using front end loaders and a conveyor system that will transport the
resource to the processing facility. The facility will contain a concrete and asphalt batch plant and a recycle
component. The plant site will include several temporary structures including an office trailer, scale, an
aggregate processing plant, and conveyor belts for moving the resource. The approximate location for the
processing area will be sited a minimum of four hundred fifty(450)feet from the property line in the southeast
quadrant of the site, identified in the site drawings as Tract A.
The applicants have stated that reclamation of the site will be addressed in such a way as it enhances the
natural habitat of the river corridor and will be concurrent with the mining operation to minimize the area of
disturbance of the site as much as possible. The reclamation plan is for multiple lined reservoirs for water
storage.
The applicant proposed that all traffic access the site from Ash Avenue. The City of Greeley has requested a
long term maintenance agreement to be in place prior to recording the USR plat.
The proposal is located within the floodplain,therefore a Flood Hazard Development Permit will be required for
all structures.
Twenty-six referral agencies have reviewed this case and eight offered comments, some with specific
conditions that have been incorporated into the staff recommendation. No letters of concern or telephone
calls have been received concerning this application.
It is the opinion of the Department of Planning Services that the conditions of approval and development
standards will address the concerns raised by referral agencies; therefore the Department of Planning
Services is recommending approval of this application.
Lauren Light, Environmental Health, stated that the application states that they would like to use bottled water
2
and portable toilets; however this is not considered a temporary use and according to our policy a permanent
water source and septic system is required. She added that typically at a scale house for gravel pits they use
a vault, which would be acceptable.
Ms. Light recommended deleting Conditions of Approval 1.J, 1.N, 1.P, 1.M and 3.A as the applicants have
submitted the required documentation.
Ms. Light commented that she needs some more information on the Dust Abatement Plan that they submitted.
In addition, contact information of the waste hauler is needed for the Waste Handling Plan. An Odor
Abatement Plan is required as well as a Minor Noise Plan.
Erich Ehrlich moved to delete Conditions of Approval 1.J, 1.N, 1.P, 1.M and 3.A and renumber accordingly,
seconded by Mark Lawley. Motion carried.
Heidi Hansen, Public Works, stated that the main access is onto Ash Avenue which is under the City of
Greeley's jurisdiction. She added that the City of Greeley will approve that access point and any alternates
and dictate the off-site improvements that are required. The County is requiring a tracking pad onsite to
prevent tracking of mud and gravel onto the paved roadway and the applicant has agreed to do that. Ms.
Hansen said that in order that the County remains in compliance with FEMA regulations, a Flood Hazard
Development Permit is required before mining and a Letter of Map Revision will need to be submitted when
the mining is completed.
Ms. Hansen suggested removing Condition of Approval 1.S as they have submitted the required
documentation and Development Standard 32 as it is a duplicate of 35.
Jason Maxey moved to delete Condition of Approval 1.S and Development Standard 32,seconded by Bill Hall.
Motion carried.
Brad Janes, 408 Charlotte St, stated that the extraction will begin in Tract B. The total combined acres of
extraction are 75 acres. They estimate approximately 20 years for the life of the mine followed by a lag of up
by 5 years to complete reclamation. It will result in about 62.8 acres of completed basins. All above ground
portions that are affected by the operation will be reclaimed to a predominately native grass species for cover
and stability.
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 he is in agreement with those. The applicant replied that he is in agreement; however would
like to request some additional changes.
Mr. Janes said that when operating a sand and gravel operation there is a need sometimes to operate on a 24
hour basis in three shifts. He added that they have had this request granted by the County Commissioners in
the past and would like to retain it as an option.
In addition, Mr. Janes would like a clarification on the 450 feet setback mentioned by Mr. Ogle. He added that
the studies were actually related to 400 feet.
Commissioner Holton clarified if the request is to operate from 6 am to 6 pm. Mr. Janes replied yes, with the
option of up to 24 hours on a three 8-hour shift basis required for a particular project.
Chris Varra, 4403 Callaway Court, Broomfield, CO, stated that he would like to request 24 hours a day seven
days a week. He added that sometimes there are scheduling difficulties with airport and highway work
schedules. He stated that they will call the County and put them on notice that they will be working extra hours
to complete a job that is an emergency condition or bid out that way.
Mr. Ogle referred to Section 23-4-290 Operation Policies. He added that Development Standard 27 is a quote
3
from that Section. He added that they are allowed to operate during daylight hours only and should they have
a public improvement project then they can make the request to the County for extended hours.
Robert Grand moved that Case USR-1760, 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 Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1779
APPLICANT: Tim and Jeanne Iverson, do Lafarge West, Inc.
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining (dry
mining) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the
W2NE4 of Section 34,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35'h
Avenue.
Chris Gathman, Planning Services, stated that the proposed mining site property is located to the north of F
Street and borders the Cache La Poudre River along the north and west.A residence is located approximately
850-feet to the south of the mining site and a single family residence is located approximately 600 to 800 feet
to the north of the mining site. Portions of the property are screened from the south by an existing wood fence
and trees.The property is well screened along the Poudre River(to the north and west) by existing trees. City
of Greeley owns property located to the east of the site and a wooded/floodplain area is located to the west of
the site.The Poudre Trail runs along the south of the property.There is an existing residence and outbuildings
that are located on the property but will not be utilized in association with the gravel mining operation. The
applicant proposes to convey gravel via a conveyor system to the existing Lafarge mining/processing/batching
site located directly west of 35'nAvenue(this facility is permitted under 2nd Amended USR-247). No additional
mining traffic will be generated by this operation.
Thirteen referrals were sent out in regard to this case. Eight referral responses have been received and either
indicated no comment/no concerns or included conditions that have been included in the staff
recommendation as conditions of approval and/or development standards.
The property is located within the three-mile referral area of the City of Greeley and portions of the property
borders the municipal boundaries of Greeley to the north and east.
The City of Greeley, in their referral received April 28, 2011, requested that a stop sign be placed at the
driveway into the facility to the north of the Poudre Trail. Greeley also stated that there should be no storage or
stockpiling of materials and equipment within the floodway of the Cache La Poudre River,a certification letter
shall be provided from a Colorado registered professional engineer indicating that excavation and reclamation
activities will not cause an increase in base flood elevations, and that the Poudre River Channel shall not be
compromised by the proposed mining activity. Greeley indicated that there is a 36 inch sewer main that
crosses the main driveway/access into the property. Greeley is requiring the applicant to pothole this area to
determine the exact depth and location of the sewer main. Surface loads of vehicles crossing the sewer main
may have to be limited based on its depth and location.
The Department of Planning Services has attached a condition of approval requiring the applicant to attempt
to address the requirements of the City of Greeley outlined in their referral. Additionally, the Department of
Public Works is requiring Flood Hazard Development Permits(FHDP)to be approved prior to recording the
plat which will address their floodplain/floodway concerns.
A one e-mail expressing concern about prairie dogs has been received as they have had prairie dogs on their
property in the past. The applicant responded indicating that there are no prairie dogs on the property to be
4
mined and indicated that the property owner would be willing assist the neighbor in removing prairie dogs from
their property.
The applicant shall submit a Landscape Mitigation Plan to the Weld County Planning Department for review
and approval. Deciduous trees shall be installed: 1) along the southwestern portion of the site to screen the
mining operation(in areas not already screened by existing trees)from adjacent properties and residences to
the south and 2) along the eastern portion of the site (north of the existing residence and to the south of the
Poudre River) to screen areas not already screened by existing trees.
The Department of Planning Services recommends approval of this application.
Lauren Light, Environmental Health, stated that the applicants are not processing, nor will there be an office
on site, therefore no permanent water or sewer is required. Bottled water and portable toilets are acceptable
at the working face of the mine. She stated that there are no concerns with this request.
Heidi Hansen, Public Works, stated that the applicants are utilizing the existing access from F Street which is
a local, paved road. The material will be transported by conveyer so there is no hauling traffic on the roadway.
A Flood Hazard Development Permit is required as well as a Letter of Map Revision when they are finished
mining.
Anne Best Johnson, Lafarge, 11409 Business Park Circle, Suite 200, Longmont CO, stated that Lafarge is the
largest diversified supplier of construction materials in the United States and Canada and the world leader of
building materials. They are located in 70 countries and offer aggregate, asphalt, concrete, cement and
gypsum products.
Ms. Johnson stated that Lafarge currently mines in the vicinity. The 351h Avenue Mine is bordered by the
Great Western Industrial Track to the south, 35th Avenue is the eastern border, the Poudre River forms the
western and northern border. F Street goes to the south about 100 to 150 feet.
Pam Hora, Tetra Tech, 1900 S. Sunset, Longmont, CO, stated that the proposed Iverson Mine project is
approximately 64.7 acres. Of that area Lafarge plans to mine 39.8 acres. An anticipated 1.5 million ton of
gravel will be extracted from this site. There will be no processing of any of the aggregate on the mine site.
The plan is to mine all of the aggregate and then convey it across the City of the Greeley property to Lafarge's
existing 35th Mine site and then down to the plant site which is at the southeast corner of the 35th Avenue Mine
site. Lafarge does have an easement with the City of Greeley to be able to place their conveyor across their
property and they are also in the process of getting an agreement with the Railroad so that they will be able to
cross the railroad with the conveyor as well.
The entire property does fall within the floodplain. A portion of it does fall within the floodway. There will be no
stockpiling within that floodway; there will be some stockpiling within the floodplain on the south side of the
property. Ms. Hora stated that they are in the process of working on that Flood Hazard Development Permit
with the County.
Lafarge has plans to concurrently mine and reclaim this site and anticipate it will take four to five years to
complete that process, depending on market conditions. The ultimate reclamation for this site is to have
approximately a 31 acre open water pond surrounded upland that will all have dryland seed on it. There are oil
and gas facilities on the property. Lafarge does have a Surface Use Agreement with Noble Energy. As part of
that agreement Lafarge is going to be able to move a gas line that cuts through the southern portion of the
property so that they can mine in the southwest corner. They have also agreed to hold mine setbacks from oil
and gas facilities.
Ms. Hora said that they have addressed noise mitigation with this mine site. Because the site is pretty much
surrounded on three sides by the river there is a lot of mature vegetation that will help provide a natural buffer.
There was a neighborhood meeting on December 15,2010 at the Poudre Learning Center. There were seven
people who attended that meeting representing five of the surrounding property owners. The only concern
brought up by any of the neighbors had to do with making sure that their groundwater wells were not impacted
5
by this mine. Ms. Hora said that they do not believe those wells will be impacted because they are all more
than 600 feet away from this mining cell; however Lafarge did agree to monitor their wells as part of their
groundwater monitoring and mitigation plan.
Ms. Hora stated that Lafarge does agree with the staff recommendation for approval; however there are a few
modifications that they would like to request. She stated that they would like to amend Conditions of Approval
5 and 6, amend Development Standard 26, remove Conditions of Approval 1.C and 2.G and discuss
Conditions of Approval 1.A and 2.C.
Ms. Hora said that Conditions of Approval 5 and 6 are in regard to the amount of time that they have to finalize
the plat and get it recorded. She added that the standard time is 60 days; however they would like to request
180 days to allow them enough time to finalize the plat.
Development Standard 26 has to do with the hours of operation. Rather than what is typical of having daylight
hours, Lafarge would like the hours of operation from 5 am to 10 pm. The reason for this is because of the
fact that the material is going to be processed at the 35th Avenue Mine site and just last year in August Lafarge
had the County Commissioners approach them to change the hours of operation to 5 am to 10 pm and
therefore they would like the hours of this site to be the same.
Ms. Johnson respectively requested to remove Condition of Approval 1.C and any references to existing
violations that are occurring on the Iverson's home site. She added that the violations are really a personal
issue between the Iverson's and Weld County. The violations have no relationship at all to the mining permit
and they would like to keep the issues separate. She further added that Weld County has the authorization
and the means to enforce any violations outside of this particular USR application. She believes that this
condition penalizes Lafarge by potentially holding up recording the plat due to issues that are not caused by
Lafarge.
In addition, she requested the removal of Condition of Approval 2.G to exclude the residential portions from
the mine permit boundaries. This condition places Lafarge and the property owner in potential conflict in
complying with Development Standards 20 and Development Standard 21 regarding compliance with Federal
and State safety standards. The compliance with these federal regulations and safety standards is not an
issue for the mining operation as they always try to exceed the standards. However the issue is that the
property owner will also have to comply with OSHA and MSHA standards, reporting and all regulation
requirements. This potential conflict is not a justified imposition on a residential area that again will not be
utilized in a mining operation.
Commissioner Grand asked if the residence could be split off. Bruce Barker, County Attorney, replied that all
of the property needs to be placed into the USR boundary; however if you want property out of the boundary a
Recorded Exemption (RE) needs to be done. He added that after the approval of the RE then a partial
vacation of the USR may be applied for the split portion.
Mr. Barker said that he understands the difficulty; however all the property needs to be included in the USR
boundary. He added that Lafarge needs to work with Mr. Iverson on the Recorded Exemption. Mrs.Johnson
asked Mr. Barker if a meeting could be held to provide a better understanding regarding these conditions. Mr.
Barker replied that he would be available.
Ms. Johnson moved on to request removal of Condition of Approval 1.A and 2.C in regard to a Landscape
Mitigation Plan. She stated that the area that the County is wanting them to do some landscaping in is an area
that they will be relocating the underground gas line in and she isn't sure that Noble Energy will want them to
do some landscaping on top of their gas line. She added that they prefer not to do any landscaping on top of
the underground gas line. They feel it is already buffered by surrounding existing landscape. She added that
it is a short-lived mining operation and it seems unnecessary unless mature trees are planted.
Commissioner Holton asked what the distance is to F Street. Mrs. Johnson said that it is approximately 600
feet from the southwestern property boundary and F Street. Mr. Holton asked if they will do berming. Mrs.
Johnson said that they will do berms and landscaping on the berms.
6
Commissioner Maxey suggested leaving the first sentence in Condition of Approval 1.A and keep Condition of
Approval 2.C as is since berming could be taken as landscape mitigation as well. Mrs. Johnson was
agreeable to that as long as the intent carries throughout the permit. Staff did not have any concerns with that.
Jason Maxey moved to delete the language after the first sentence in Condition of Approval 1.A,seconded by
Robert Grand. Motion carried.
Mrs. Hora asked to amend Conditions of Approval 5 and 6 regarding the amount of time to record the plat.
She requested that it be amended to allow 180 days rather than 60 days. Staff had no concerns with that
request.
Jason Maxey moved to amend Conditions of Approval 5 and 6 to allow 180 days to record the plat, seconded
by Nick Berryman. Motion carried.
Mrs. Hora said that they would like to amend Development Standard 26 regarding the hours of operation.
Rather than during daylight hours, they would like to request the hours to be 5 am to 10 pm to be consistent
with the hours at the 35` Avenue Mine site.
Commissioner Maxey said that he finds it difficult to approve this request when the last case heard they did
not change.
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 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 and open
for further discussion.
Robert Grand moved that Case USR-1779, 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; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:39 pm and reconvened the meeting at 2:54 pm.
The Chair read the next case into record.
CASE NUMBER: USR-1784
APPLICANT: Glen True&Sharon Wells-True
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for one
(1) Single Family Dwelling Unit per lot other than those permitted under Section
23-3-20.A of the Weld County Code in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-5036 being part of the SW4 Section 24,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 (Godding Hollow Parkway); 0.75 miles west of
CR 13.
Kim Ogle, Planning Services, stated that this application is for a second dwelling on a lot other than those
permitted under Section 23-3-20.A in the Agricultural Zone District.
The property is located within an Intergovernmental Agreement Area with the Town of Frederick and is also
within the three-mile referral area for the City of Dacono, Town of Erie, Town of Firestone and the Town of
Frederick. The Town of Frederick returned the Notice of Inquiry form dated April 5, 2011 without comment.
The City of Dacono in a referral dated May 12, 2011 and the Town of Erie in a referral dated May 13, 2011
7
indicated no conflict with their interests. Access is from County Road 18, a paved two-lane road.
Adjacent lands to the south are parcels in the Dream Acres Subdivision and are zoned agricultural with single-
family homes in close proximity. Parcels north of and adjacent to County Road 18 are rural residences on lots
created through the recorded exemption application process. This general area is an enclave to the Town of
Frederick. To the east is a lawn care business permitted under USR-1378 and to the southwest is a second
residence permitted under USR-1743.
Fourteen referral agencies have reviewed this case and nine offered comments, some with specific conditions
that have been incorporated into this recommendation. Several telephone calls and one letter have been
received concerning this case. The letter is in opposition from an adjacent neighbor.
The Department of Planning Services recommends approval of this application,with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that Central Weld County Water District provides water to the
site. There is a septic system for the main house sized for three bedrooms. When the second residence
was added it bumped it up to four bedrooms. Ms. Light said that the applicant indicated that there would
be two bedrooms in the main house with one bedroom converted into a craft room and one bedroom in
the second residence giving them a total of 3 bedrooms. Therefore Ms. Light recommended deleting
condition of Approval 2.6 upon confirmation from the applicants.
Heidi Hansen, Public Works, stated that County Road 11 is under the Town of Frederick's jurisdiction.
She added that the applicant has met their requirements and therefore they have no concerns with this
request.
Sharon Wells-True, 5227 Godding Hollow Parkway, Longmont CO, stated that they have applied for a
second residence on the property because they take care of her father-in-law. She requested that this
application be approved.
Commissioner Holton referred to the septic question raised by the Health Department regarding total
number of bedrooms. Mrs. True said that she spoke to the County Assessor and they suggested that they
put a letter in their file indicating that they are going to make the main home a 2 bedroom home and the
second residence would have one bedroom. She understood that when they sell the property they will
need to disclose that the septic system is available only for three bedrooms. Ms. Wells-True stated that
she had emailed the letter to the Building Department; unfortunately, the Health Department did not get a
copy of that but they will provide her a copy.
Mark Lawley moved to delete Condition of Approval 2.B, seconded by Erich Erhlich. 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.
The Chair asked the applicant if they 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.
Robert Grand moved that Case USR-1784, 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 Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
8
CASE NUMBER: USR-1782
APPLICANT: Kerr McGee Gathering, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Non-1041 Major Facility of a Public Utility(12-inch gas line) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Preferred Route crosses Section 13,T2N, R66W; Section 6 and 7,T2N,
R65W; Section 6, 7, 18, 19, 30, and 31,T3N, R65W; Section1,T3N, R66W;
and Section 36, T4N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: Approximately''%mile south of CR 22 to approximately 1/2 mile north of CR 38.
The majority of the pipeline will run adjacent to the CR 37 Section line.
Chris Gathman, Planning Services, stated that the request is for a Site Specific Development Plan and
Special Review Permit for a Non-1041 Major Facility of a Public Utility (12-inch natural gas pipeline) in the
A(Agricultural)Zone District.
The proposed pipeline would cover approximately nine miles beginning approximately 1/2 mile south of
County Road 22 and ending approximately'/ mile north of County Road 38. The pipeline is proposed to
tie into the Hambert Compressor station (north of County Road 38) and tie into an existing 12-inch
east/west pipeline south of County Road 22. The majority of the pipeline would run along the County Road
37 section line. Only approximately 2 miles of this section line is covered by existing roads.
The applicant reviewed three potential pipeline location alternatives and chose the preferred route because the
pipeline would parallel an existing 8-inch Anadarko/Kerr McGee pipeline, many private easements have been
negotiated for the existing 8-inch pipeline and this 12-inch pipeline, and the majority of the alignment would
parallel County Road 37 and the County Road 37 Right-of-Way, whereas the alternative alignments would
require new easements to be negotiated. Additionally, the preferred pipeline route crosses the least amount of
agricultural land when compared to the other two alternative routes.The preferred route predominately follows
County Road 37 and the County Road 37 Section Line and parallels existing gas lines,whereas the alternative
routes in segments cut through the middle properties.
The pipeline is proposed to be located within the three-mile referral area of the Town of Gilcrest. No referral
response has been received from the Town of Gilcrest.
Three phone calls were received from surrounding property owners in regard to this case, mainly with
questions regarding where the pipeline will be located. No letters or e-mails have been received in regard
to this case.
The applicant is waiting to get approval of the pipeline route before finalizing agreements with property
owners. The Department of Planning Services is requiring finalized agreements with property owners and
ditch companies (where ditch crossings are to occur), prior to recording the plat.
The applicant has indicated that on the southern portion of the line that they would like to parallel their
existing 8-inch line with a 12-inch line right-of-way. However, if the additional right-of-way cannot be
negotiated they would utilize their"change in size" provision in their existing right-of-way grant.
The Department of Planning Services recommends approval of this application.
Mary Evett, Environmental Health, stated that bottled water, portable toilets and handwashing units may
be utilized during the construction. Portable toilets and waste receptacles will be made available at the
Hambert Compressor Station and will be placed along the project site. The applicant is proposing to
utilize water trucks to control dust during construction.
Heidi Hansen, Public Works, stated that the applicant will need to obtain Access Permits for any new
access points including temporary ones onto the county roads; Right-of-Way Permits are required
whenever the pipeline crosses the right-of-way or when they want pipeline to be placed within the right-of-
way; and a Grading Permit is required for the project. Borings are required for all road crossings when
they are installed. When they install the road crossing they will need to meet tracking pad, signing and
9
traffic control requirements.
Vince Harris, Baseline Corporation, 700 12th Street, Suite 220, Golden CO, stated that the proposal is for
a 12-inch gas line approximately nine miles in length. This project is also in conjunction with the next case
on the agenda that you will hear today. The gas line will begin at the Hambert Compressor Station and go
towards County Road 37 and run along the section line south.
Mr. Harris showed on a visual slide the alternate routes, in addition to the preferred route. He requested
that the preferred route be approved. He added that the other alternate routes would substantially cost
quite a bit more money. He further added that there are already existing easements and gas lines in place
along the preferred route.
Mr. Harris commented that they have met all the requirements and would like to request approval of this
request.
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 he is in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR-1782 be approved, along with the Conditions of Approval and
Development Standards, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-355
APPLICANT: Kerr McGee Gathering, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development Facility including an Oil and Gas Support
and Service Facility(Natural Gas Processing Facility) and a fifty(50)foot tall
Telecommunication Antenna Tower in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A, AmRE-4410; Part NE4 Section 36,T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: 0.5 miles South of CR 40; 0.5 miles East of CR 35.
Kim Ogle, Planning Services, stated that the request is for a Site Specific Development Plan and Amended
Special Review Permit for a Mineral Resource Development Facility including an oil and gas support and
service facility(natural gas processing facility)and a fifty(50)foot tall telecommunication antenna tower in the
agricultural zone district.
The original USR was applied for by Panhandle Eastern Pipeline Company in 1978. The application was for a
natural gas processing plant and support facilities. This amendment is for an expansion of the current facility
necessitated by the need to move larger volumes of gas and enhance safety of the facility due to the recent
increases in drilling activity and projected additional increases by Kerr McGee Gathering, LP producers and
customers.
This land and surrounding lands in each direction are in agricultural production with numerous oil and gas
facilities present to the north and east. To the north of the facility is the Platte Valley Canal. Several USR's
are in the general vicinity of this facility, including the DCP Midstream Mewbourn Plant(3rd AmUSR-542), oil
and gas support and service facility 0.5 miles to the west of the Hambert Facility. There are eleven (11)
property owners within five hundred (500)feet of this facility. The nearest residence is to the northeast of the
facility.
The existing site is within the three-mile referral area of the Town of Gilcrest. The Town of Gilcrest did not
10
return a referral.
Ten referral agencies have reviewed this case and six 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.
Lauren Light, Environmental Health, stated that this is an unmanned site and therefore no permanent
water or sewer is required until one full time person is located on site. A Dust Abatement Plan was not
required because there is limited access; however they included a development standard which requires
them to control the dust if it becomes an issue on site. Ms. Light suggested deleting Condition of Approval
1.B since the applicant has supplied an Air Emissions Permit from 2007.
Bill Hall moved to delete Condition of Approval 1.B, seconded by Nick Berryman. Motion carried.
Heidi Hansen, Public Works, stated that County Road 35 is a local, gravel road requiring 60 feet of right-
of-way, which is currently available. The applicant is using an existing access to the property. She added
that they have no concerns with this project.
Vince Harris, Baseline Corporation, 700 12th Street, Suite 220, Golden CO, stated that this request is for
an expansion of the existing Hambert Compressor Station adding up to six (6) compressors and a 50 foot
telecommunication tower. There are already two (2) compressors on site. Mr. Harris commented that
they have met all the requirements and would like to request approval of this request.
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 he is in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case AmUSR-355, 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; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:30 pm and reconvened the meeting at 3:38 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1781
APPLICANT: The Genesis Project of Northern Colorado
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Residential Therapeutic Center in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4372; Part NW4 of Section 6, T6N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to CR 49; 1800 feet south of CR 74.
Kim Ogle, Planning Services, stated that the proposed facility will be one (1) single-family residence and
several outbuildings,which is similar in size and intensity to that of the surrounding properties. The facility is a
faith based non-profit organization dedicated to developing a support system for young women and girls. The
residential facilities will consist of sleeping quarters for six (6) or seven (7) mothers and children and living
11
quarters for a resident house parent who functions in a 24-hour supervisory and security position. Communal
kitchen, dining facilities and common areas will also be provided for the residents of the facility.
Educational, life skill training and counseling are tailored to each client's needs based on an internal
assessment. Educational seminars will be administered by tutors and will not require the utilization of the
public school system.
The property is not located within an Intergovernmental Agreement Area or within the three-mile referral area
of a municipality. Surrounding lands are predominately rural residential with outbuildings and livestock. There
are six residences in relative close proximity to this proposed facility.
Fourteen referral agencies have reviewed this case and six offered comments, some with specific conditions
that have been incorporated into this recommendation.
There has been one letter received in opposition to this proposal, and one telephone call of inquiry from a
surrounding property owner. The applicant held a neighborhood meeting at Dillard's in Galeton on
Wednesday, June 29,2011 for surrounding property owners. Several letters of support were also received for
this application.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Mary Evett, Environmental Health, stated that sewage disposal will be by a septic system and it will need to be
designed by an engineer. Water will be provided by North Weld County Water District and they have
submitted documentation that they are able to provide water service. She stated that there are no concerns
with this request.
Heidi Hansen, Public Works, stated that County Road 49 is a local, gravel road requiring 60 feet of right-of-
way, which is currently available. The most recent traffic count was taken in July 2007 and showed 176
vehicles per day. The applicants will be using an existing access to the property. Ms. Hansen said that they
have no concerns with this request.
Karla Grieser, President of the Genesis Project of Northern Colorado, 20110 Jubilee Way, LaSalle, CO,
commented that the cliental that they wish to serve are not kids who are strung out on drugs or alcohol or
juvenile delinquents, or gang members. They are young women just like us who are facing exceptional
challenges of single parenting where they are solely responsible for providing a home and keeping it clean,
working and finishing school, arranging child care and paying bills on an extremely limited income, getting
groceries and fixing meals. They are faced daily with the whole workload that two parents typically share and
they still need time to spend with their children loving them and comforting them. They have no time left to
address their own social, emotional and spiritual needs. Many times they are on a very emotional roller
coaster caused by the abuses and rejection that they have experiences. They need our unconditional love
and a helping hand to get on solid ground.
Ray Sears, Architect, 13644 CR 64, Greeley, CO, stated that the approximate size of the residence would
be 3200 square feet on the main level and 2800 square feet on the upper level. It is an eight (8) bedroom
facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bill Bennett, 24304 CR 74, stated that he lives to the east of the property. He said that his letter was sent
to the Planning Services Department and is part of the file. He added that this letter is in regard to what
he sees as problems related to this project, not in its intent but rather in its location. He said that in the
best interest of the Galeton community and in the interest of the cliental that this project hopes to serve he
recommended that this proposal be denied at this location because he doesn't feel that the community
can support this request.
12
Diane Stille stated that she lives adjacent to this site. She doesn't know who the Galeton community is
that Mr. Bennett is speaking of. She added that they are part of the Galeton community and does not
know of anyone against this project. There was a neighborhood meeting and there was no one there in
opposition. Ms. Stille said that she believes it will be a very good thing for the community and added that
they are excited about the project.
Carrie Adolf, 1017 East 20th Street, stated that she has been working with single moms for 18 years and
has seen these moms go through difficult challenges in their life. Many times single moms want to
change their life and the chances of them being successful are much greater in a supportive environment.
A residential facility like this will immerse them in a functioning example of how a routine structured goal-
setting place will shape their lives and their children's lives. She is in support of this facility.
Jan Bartram, 2630 515t Avenue, Greeley CO, is a retired teacher from Weld County School District 6. She
said that she has worked with single moms as a teacher and was also a single mom. She added
sometimes you are a single mom for various reasons, including the death of your spouse. She
understands the difficult challenges that these moms go through since she also had to go through this
after the death of her husband in Vietnam. She believes that this facility will help facilitate in helping these
moms help their children be successful.
Bill Jerke, 22911 CR 39, LaSalle, CO, stated that he has been excited about this project. Private Citizens,
from their hearts, decided to try to make a difference with major societal problems. They know that
government can't help all of them and so they are trying to help. This will make a huge difference in these
lives at this fundamental level. He urged the Planning Commission to approve this request.
Lori Vandeveer, 220 S. Laura Ave, Milliken, CO, commented that she was a single parent and she wished
that she would have had this facility to turn to when this happened to her. The experience that she had
has caused her to continue her education, become a pastoral counselor and she is currently working on a
doctorate in the education field. She asked the Planning Commission to support this organization by
voting favorably for this project. She said that she has researched the organization and the people and
added that you won't find a more accountable and mature group of people to endeavor something this big
and this significant.
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; however
Mrs. Grieser requested that Development Standards 13 and 14 in regard to impact fees be reconsidered as
this is a non-profit organization. Mr. Barker said that this request should be brought before the Board of
County Commissioner as the Planning Commission has no authority to waive fees.
Jason Maxey moved that Case USR-1781, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;AlexanderZauder,yes; Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Holton urged the County Commissioners to look at the fees generated by Development
Standards 13 and 14.
The Chair read the last case into record.
CASE NUMBER: Ordinance 2011-6
PRESENTED BY: Trevor Jiricek
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 29
Building Regulations, of the Weld County Code.
Trevor Jiricek, Planning Services, stated that they would like to request that this item be postponed to the
August 2, 2011 Planning Commission meeting as there will be additional proposed code changes.
13
Bill Hall moved that Case Ordinance 2011-6 be continued to the August 2, 2011 Planning Commission
hearing, seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;AlexanderZauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Holton commented that there are two members from the Planning Commission that are
leaving. He regrets that Roy Spitzer could not make it today but wished to thank Erich Ehrlich for his service
on the Planning Commission. Mr. Ehrlich expressed his appreciation in working with staff and his time on the
Planning Commission.
Meeting adjourned at 4:14 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
14
Hello