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HomeMy WebLinkAbout20110223.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 3, 2010 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 2:00 p.m. ROLL CALL ABSENT Tom Holton - Chair Mark Lawley-Vice Chair Nick Berryman Erich Ehrlich Robert Grand Bill Hall Roy Spitzer Alexander Zauder Jason Maxey Also Present: Kim Ogle, Michelle Martin,Chris Gathman, Department of Planning Services; Don Carroll,Janet Carter, Clay Kimmi, Department of Public Works; Lauren Light and Troy Swain, Department of Health; Bruce Barker, County Attorney, and Julie Givan-Wittow, Secretary. Robert Grand moved to approve the July 6, 2010 Weld County Planning Commission minutes, seconded by Bill Hall. Motion carried. Mark Lawley nominated Tom Holton as Chair, seconded by Robert Grand. Bill Hall nominated Mark Lawley as Vice-Chair, seconded by Robert Grand. Motion carried. The Chair read the first case into record. CASE NUMBER: USR-1736 APPLICANT: Jessie Cogburn c/o Robert Collins PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (excavating company) and one(1) single-family dwelling unit per lot(second home on the property) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: SW4NE4/N2SE4& SE4SE4 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 28;West of and adjacent to CR 17. Kim Ogle, Planning Services, commented that this application is for a home business for Collins Construction and Trucking in the Agricultural Zone District. The applicant is Robert and Pauline Collins. The sign for the Planning Commission hearing was posted on July 15, 2010. The property is located within the three-mile referral area for the Towns of Firestone and Mead. The Town of Firestone did not return a referral and the Town of Mead, in their referral dated February 8,2010, indicated no conflict with their interests. Access to the property is from County Road 17 which is an all weather road maintained by Weld County. The site is currently in violation (ZCV09-00143) for the storage of commercial equipment and storage of materials associated with the operation of a commercial business without first obtaining the necessary Weld County permits. The violation case has not been presented to the Board of County Commissioners through the violation process. Should this application be approved the violation will be dismissed. 2011-0223 1 do-yn vl un i cc wha) /-7 7-d-O! No comments or telephone calls were received from the surrounding property owners. The business is located on a recently approved Recorded Exemption parcel. Adjacent parcels to the north, south, east and west are zoned agricultural and are primarily utilized for large tract agricultural uses. A mineral resource development facility for Varra and Ready Mix Concrete are adjacent to the east. Fifteen referral agencies reviewed the case;seven referral agencies offered comments and are included in the conditions of approval and development standards. The Department of Planning Services is recommending approval of this application along with the attached conditions of approval and development standards. Lauren Light, Environmental Health, commented that water is supplied by Central Weld County Water District. The applicants have a two-bedroom room which has an existing septic system. They have applied for a repair permit to upgrade the septic system. Dust Abatement and Waste Handling Plans are requested for this site. Ms. Light added that the applicants have some 55 gallon drums above ground storage tanks on the property. The applicant is only keeping two 1000 gallon above ground storage tanks to store diesel fuel and then a couple of 55 gallon drums to store waste vehicle fluids on the property. She stated that a memo was given to the Planning Commission which adds a development standard that the applicant shall comply with all provisions of the State Underground and Aboveground Storage Tank Regulations. The applicant will also be required to submit an SPCC Plan due to the size of the tanks since the size of the two tanks together are 2000 gallons. Mr. Ogle requested that Condition of Approval 1.G be deleted because it is more of an informational note and staff is not concerned how the berm is constructed as long as it is constructed outside the site triangles for access. Robert Grand moved to delete Condition of Approval 1.G and add Development Standard 17 as requested by staff, seconded by Bill Hall. Motion carried. Don Carroll, Public Works, commented that access is off of County Road 17 which is a local gravel road. The average daily traffic count is about 70 vehicles per day; therefore it is not heavily traveled. There are two permitted accesses to the site. Mr. Carroll stated that the applicant is proposing some berming; therefore Staff recommended that the berming at the access points be no higher than three and one-half feet as you approach the County Roads so you can see in both directions. Robert Collins, 13187 CR 17, stated that the storage tanks for diesel fuel will be downsized to 500 gallons with containment; therefore it will be under the County regulations rather than the State of Colorado. Mr. Collins said that the berm will not block the view because it will sit back from County Road 17 about 30 to 35 feet. He added that before they pull out of their driveways they will be stopping at the road to make sure that there is no traffic. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Robert Grand moved that Case USR-1736, 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 Nick Berryman. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. 2 The Chair read the next case into record. CASE NUMBER: USR-1742 APPLICANT: Yia&Ying Lo 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 Use by Special Review in the Commercial or Industrial Zone Districts(flea market and sports fields) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B AmRE-4665 being part of the SE4 of Section 24, Ti N, R68W of the 6th P.M.,Weld County, Colorado. LOCATION: Approximately'A mile south of CR 8 and west of and adjacent to CR 13. Michelle Martin, Planning Services, commented that a sign announcing the Planning Commission hearing was posted July 16, 2010 by planning staff. Planning Staff has determined that the proposed use is not consistent with Chapter 22 of the Weld County Code. Section 22-2-20.1 states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Primarily the surrounding property to the north, south, east,and west are agricultural with residences in close proximity. Seven property owners were notified of the proposed development based on the applicant's certificated list of surrounding property owners within 500 feet. More than 50% of the property owners sent letters in opposition of the proposed flea market and sport fields. Some of their concerns are as follows: decreased property values, increase of traffic, trash blowing onto neighbors property, lack of sanitation, no medical assistance, lack of monitoring of hours of operation and number of people to the facility, lack of screening/landscaping, and the lack of enjoyment of their own property. The applicant was given copies of the letters from the surrounding property owners. The applicant chose not to address their concerns and not to conduct a neighborhood meeting as recommended by staff. The proposed flea market will operate on the weekends from 8 am to 8 pm, April to October. During these hours of operation many of the surrounding property owners will be at home. According to the letters from the surrounding property owners the proposed flea market and sport fields will negatively impact their quality of life. Section 22-2-20.H.3 (A.Policy 8.3.) states, "The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change." The City of Dacono has annexed County Road 13 adjacent to the property in question. The City of Dacono, in their referral dated May 24, 2010 and email dated June 4, 2010, has indicated that in order to determine the necessary impacts to the development a traffic study is required. At this time the applicants have stated to staff that they do not wish to invest in a traffic study. Several referral agencies reviewed this case; no comments were received from: • Weld County Sheriff's Office • West Adams Soil Conservation District • City of Northglenn • Broomfield County • Weld County School District RE-8 • Mountain View Fire Protection District The Department of Planning Services is recommending denial of this case. Commissioner Holton asked if Ms. Martin knew what the City of Dacono has planned in their Comprehensive 3 Plan for this area. Ms. Martin replied that she does not know what their Comprehensive Plan states; however she indicated that the City of Dacono was not interested in annexing the proposed site because a flea market is not conducive. Lauren Light, Environmental Health, commented the requested use is for six(6)months; therefore the policy will allow for portable toilets and handwashing stations. Ms. Light said that the application states that the driveway, parking lot and where the market area is going to be is paved so there will not be dust in those areas. However, staff is requesting a Dust Abatement Plan for the sports fields. A Waste Handling Plan is also required. This should include the number of trash cans on site and the location of those as well as who is going to pick up the trash and how often. Noise is restricted to the commercial level. The commercial level is the same as the residential level so it is up to the applicant to determine how he is going to get the noise to meet that decibel level. It is measured from property lines. The applicant also stated that some poultry will be on site in which some vendors may be selling. Development Standard 13 requires hand sanitizer stations and signs that state hands should be washed at all times. She added that hand sanitizer stations are required at those facilities due to manila concerns. In addition, Ms. Light contacted the Colorado Department of Agriculture for any regulations they may require. Development Standard 17 states that it is up to the applicant to contact the Department of Agriculture to inquire what concerns they may have. The food inspectors of the Environmental Health Department also talked to the applicants several times about what is required of food vendors at this facility. The vendors have to be licensed mobile units. Commissioner Berryman asked if there are any submitted plans or schematic drawings of what is intended to be there. Ms. Light replied that she has not seen anything other than what is included in the packet of information. She added that they do not have a list of the proposed vendors. Janet Carter, Public Works, commented the access for this facility is off of County Road 13 which is under the jurisdiction of the City of Dacono. Weld County Public Works is making a requirement of an improved access from the City of Dacono prior to approval of this USR. The applicant has provided a water quality depression to control stormwater run-off for this site. Commissioner Grand inquired what traffic volume will be created for this site. Ms. Carter said that the applicants did not submit a traffic study; therefore she did not know what type of trip generation will be created by this site. She added that for County Road 13, south of County Road 6, in 2009 it was documented that there was 1,588 trips per day. Mr. Grand asked if the planned activities are primarily planned for the weekends. Ms. Carter replied yes and added that typically they require a traffic study for this type of facility; however when the applicant submitted their application they had suggested a volume lower than Public Works requires for a traffic study so that was waived. However,the City of Dacono has placed that requirement for them to receive access. Therefore the applicants will need to work that out with the City of Dacono. Mao Lo, interpreter for Yia Lo,commented that Mr. Lois her uncle and he came here to the United States as a refugee because his father was a major in the Army with the United States government. Mr. Lo stated that his ethnic background is Hmong. He came here to the United States and noticed that their group of people does not have an outdoor facility or specific site for them to utilize; therefore he felt the desire to set this up. Mr. Lo has owned the proposed site for approximately 10 or more years and saw the need for him to develop something for them to use. He noted that his community wanted to set up a site to share that culture with the surrounding communities they live in. He will also provide a sports field for the youth because they like doing outdoor activities and felt that would be a great opportunity for the youth in the community. The sports fields are free to the youth to use. Mr. Lo said that in his culture they believe in spiritism and they believe that with the chicken or the sacrificial 4 piece of a chicken it helps relieve a lot of stress and they believe in that. He wished to provide that as an opportunity for his community to sell the chicken at the flea market. He wanted to ask the Planning Commission as well as the Planning Department for help to make this dream become a reality. Initially,when they started this it didn't seem like it was such a big deal to have an open field to provide a place for their community and the surrounding communities to see their people and to share with everyone around them what they do but now it is getting harder. There are a lot of obstacles and things that they did not foresee coming up and they would like help. Anything that they can correct or needs to be done to conform to the regulations they are willing to do. Mr. Lo stated that they want to be friends with their neighbors and do not wish to make them unhappy; therefore they will do their best to comply with the regulations and codes. He understands that the neighbors who have written letters have some concerns regarding the business bringing down the property value of the surrounding residences and land. They will do their best to provide a very beautiful landscape or piece of land that is beautiful to the eye that will add value to the surrounding area. With regard to the traffic study, Mr. Lo indicated that he is not declining not to do it; however initially when they submitted the application they did not know how many people would be coming in and out of the site. However he will do it if the City of Dacono requires them to do so. They have some phone calls into the right areas to get that done; it just has not been done to date. Mr. Lo noted that initially they had estimated 500 people maximum with 200 cars coming in and out and 70 vendors available on site. If the county is okay with increasing the numbers then they would like to do so. The application is only for the summer season, April through October and only on the weekends. Mr. Lo indicated that he sent an email regarding the trash removal and added that because the activities are on the weekend, trash would be picked up on Monday. Mr. Lo said that he has contacted the Department of Agriculture regarding having chickens, doves, and birds at the flea market and they have indicated no concerns. He added that they have documentation of this as well. In addition, Mr. Lo stated that they have the company that will be delivering the portable handwashing units to the site. The reason Mr. Lo chose not to have a neighborhood meeting is because it is his first time applying for something like this and did not know that he needed to meet with the neighbors. He thought that he would meet with them here at the public hearing; however he would like to set a meeting up if needed. He wants to reassure the neighbors as well as the Planning Commission that he does not want to cause problems and wants to keep peace with everyone. He wants to make sure that his proposal meets the regulations and requirements. Commissioner Lawley said that the applicant is willing to comply with all the requirements and asked staff if the applicant has had any conversation with them indicating that they aren't willing to comply with all the requirements. Ms. Martin said that staff has met with the applicant many times throughout the course of the process. Staff stressed that the applicants needed to talk with the City of Dacono regarding the traffic study. She added that the applicant has stressed that he doesn't want to do a traffic study until he knows that he has been approved by the Board of County Commissioners. Unfortunately, staff does not know if he has access because Dacono cannot evaluate the access until they have a traffic study. Ms. Martin stated that staff has continued throughout this process to stress to meet with the neighbors and to conduct a neighborhood meeting. Commissioner Holton commented that if the proposed number is increased from 500 then that would affect several other development standards. Therefore without this traffic study he is uncomfortable with either denying it or approving it. He doesn't believe that this application is complete to this point and it should be continued. Commissioner Grand agreed with Mr. Holton and added that he conducted a site inspection and found that it is a mixed area as well as agricultural. He added that by not being able to understand what the traffic impact is it is difficult to make a decision without all the facts. 5 Commissioner Lawley commented that there may have been some confusion with the applicant in meeting with his neighbors and potentially resolving issues there. He stated that a meeting should be conducted with his neighbors. Commissioner Holton commented that if this case is continued he would like to see a Dust Abatement Plan, Waste Handling Plan,complete Site Plan, and traffic study along with the other outstanding items to make this case complete. Robert Grand moved to continue Case USR-1742 indefinitely, seconded by Mark Lawley. The Chair asked the applicant if he understands that the case is being continued indefinitely because the Planning Commission feels that the application is incomplete. The Chair reiterated that the applicant will need to meet with staff to obtain clear direction on how to accomplish all the issues that are incomplete. When the items have been completed then the applicant and staff will schedule a Planning Commission hearing date. The applicant replied that he understands and asked that if he provides a traffic study and an estimated number of attendees that this case would likely be approved. The Chair said that he can't give that answer at this point without having the necessary information. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair called for a recess at 2:25 pm and reconvened the meeting at 2:32 pm. The Chair read the following case into record. CASE NUMBER: USR-1747 APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility-saltwater injection facility and a water recycling facility) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-5008; Part E2SE4 Section 34,T7N, R63W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 74;west of and adjacent to CR 69 and State Highway 392. Kim Ogle, Planning Services, commented that the applicant is Conquest Oil Company and are represented by Sheri Lockman and Jim Goddard. The property is outside of the three-mile referral area for a municipality and is directly west of the unincorporated Town of Cornish. It is relatively flat with a slight slope north to south and east. The application is for a new facility for oilfield brine water disposal with tanks for brine water and separate tanks associated with the water recycling facility and one building housing pumps and an office. There are normally two employees on site when accepting trucks which is from 7 am to 10 pm daily. On average 15 different transport vehicles weighing up to 40 tons will visit the facility approximately four(4)times per day. Surrounding lands are predominately range land and native agricultural lands with single-family residences located in the general area. Large agricultural tracts with a few limited Recorded Exemption parcels are also prevalent. A commercial well has been proposed to service this facility and the Health Department is requiring an ISDS septic system for effluent flows. Primary access is from County Road 74, a local paved two-lane road. The primary haul route will be from 6 County Road 74 to Highway 392 and heading north and south. Internal roads for the facility are graveled and graded as proposed in the application materials. The application states that each of the locations or facilities are basically operated the same. This would be the sixth (6th) disposal site that Conquest would operate. Independent water haulers bring the brine water to the facility. At the time of arrival, Conquest Oil inspects each load before pulling the water off the trucks. The water is put into primary tanks for filtering and oil skimmed for resale. The remaining liquid, which is brine water, is filtered for re-injection and processed through the water recycling facility. The sign for today's hearing was posted ten(10)days prior to the hearing by planning staff and was evidenced by photograph and affidavit. Ten referral agencies reviewed the case; four referral agencies offered comments and have been included in the conditions of approval and development standards. There has been one letter received from a surrounding property owner and more than four telephone calls requesting information on the application. Several people have reviewed the case file and one family has met with staff to discuss the application. The general concerns deal with: traffic, property value, effective screening and water quality in and near the long term of the primary issues. Weld County Planning Department recommends approval of this application along with the attached conditions of approval and development standards. Mr. Ogle wished to make two corrections under the Development Standards. Staff requests to delete Development Standards 21 and 22 as they are duplicates of previous statements. Robert Grand moved to delete Development Standards 21 and 22 and renumber accordingly as requested by staff, seconded by Nick Berryman. Motion carried. Troy Swain, Environmental Health, commented that the conditions they requested to be added to the staff report are under the conditions of approval and development standards. Don Carroll, Public Works, commented that access is from County Road 74 which is an arterial paved road. The secondary road is County Road 69 which is a gravel road that goes up to the north at Highway 392. The access is approximately 300 feet from the intersection. A tracking pad is requested to keep from tracking mud onto the new paved surface and State Highway. A traffic study has been received and is acceptable. Mr. Carroll stated that they are working with the applicant's drainage engineer on finalizing their drainage report. Commissioner Grand asked how many trips per day are requested. Mr. Carroll replied that the applicant is requesting 15 trucks per day four(4) times a day which equals 60 to 70 daily round trips to the facility. The hours of operation are from 7 am to 10 pm daily. Mr. Grand asked if this proposed amount triggers accel/decel lanes. Janet Carter, Public Works, commented that in 2008 the daily traffic count on County Road 74 was 147 vehicles per day. Due to increased oil and gas traffic, Ms. Carter guesstimates that the number has gone up slightly but still relatively low. She stated that acceleration/deceleration lanes are not warranted at this site due to the volume of traffic that they are proposing. The average speed of this segment of County Road 74 is 59 mph. She added that it appears that this is a pretty safe segment of roadway based on the number of accidents in the area, 85th percentile, volumes, etcetera; therefore they did not make the requirement for acceleration/deceleration lanes. Commissioner Grand commented that he is concerned over changing the pattern of traffic as people don't necessarily adjust. He asked if language was incorporated into the development standards so that if the development of business grows to a certain level it triggers the accel/decel lanes. Ms. Carter suggested adding "Public Works will require right acceleration and right deceleration lanes to be constructed on Weld County Roads 74 when traffic volumes meet the triggers of 25 vehicles per hour turning into the facility and 50 vehicles per hour turning out of the facility during the peak hour". She stated that language would be added to read "When traffic volumes meet ten vehicles per hour left turn movement into the facility a left deceleration 7 lane would be required." This statement would be in the improvements agreement as well as within the resolution. Commissioner Lawley asked if there is a designated haul route. Ms. Carter said that there is not a designated haul route as it is so close to a State Highway because the mass majority of traffic for this facility will be coming from Highway 392. Mr. Swain requested to delete Condition of Approval 1.H Prior to Recording the Plat and replacing it with new language to read "Stormwater Discharge Permit coverage shall be obtained from the CDPHE Water Quality Control Division for construction activities and for the operating facility if required. Evidence of such shall be submitted in writing to the Department of Planning Services." Robert Grand moved to delete Condition of Approval 1.H and replace it with new language as recommended by staff, seconded by Bill Hall. Motion carried. Sheri Lockman, Lockman Land Consulting, representing Marcum Midstream doing business as Conquest Oil, commented that they are requesting approval of an oil and gas support facility. It is specifically an oilfield waste injection well and wastewater recycling facility. The site is located on a newly created 11 acre lot adjacent to County Roads 74 and 69. The site will have one (1) building which will house the office, pump, and water recycling facility. The water recycling uses seven tanks ranging in size from 20 to 90 barrels. The containment area will hold 23 tanks which hold from 500 to 800 barrels each and all of these tanks are used in the processing, storing, and separating usable water and oil from the oilfield waste. What remains of the waste will be injected into the ground. The water filtration process will also create a small amount of solids which will be taken to an approved waste disposal facility. Trucks will enter the site, drop off the wastewater which has been collected from oil and gas wells throughout Weld County. They can then be filled with the treated water and the treated water will then in turn be delivered back to the oil and gas wells for reuse. The facility is proposed as a seven day week 365 day per year operation. The injection pump may run 24 hours per day if necessary. The access will be from County Road 74 which is paved. The applicants are not proposing to use County Road 69 unless there happens to be an oil well which they are drilling at that time. The site will serve 15 to 20 transport trucks on a daily basis. These trucks on average will make between 60 to 70 round trips to the facility. The trucks can weigh up to 40 tons and are currently having to travel to more distance locations for alternative injection sites and water sources. At this time the nearest injection site is off of County Road 47 and 64, east of Greeley. She added that the nearest water supply is in Greeley. The location of this facility will help cut down on truck traffic which in turn will help maintain the County Roads The applicants are also hoping to preserve the water resources by recycling the wastewater. Some of the representatives did have a chance to meet with a few of the neighbors who had voiced concerns and hopefully some of the concerns were satisfied. Conquest has been operating injection wells for 19 years. They have five facilities in Weld County and have never had an issue or an incident of water contamination. They work very hard to find locations that meet all the criteria and to make sure that these sites are the least conflicting with the neighbors. Dale Butcher, Conquest Water Services, commented that there are 60 to 70 round trips per day and are spread generally from late morning until mid-evening, around 8 pm. Commissioner Hall asked if there is a limitation for the amount of water that can be accepted and if so does it limit the number of trucks. Mr. Butcher stated that the Oil and Gas Commission dictates the pressure at which they can inject the water and that dictates how much water they can put down the well. The Chair asked if there was anyone in the audience who wished to speak for or against this application Virginia Harvey, 37321 Hwy 392,wished to thank the applicants for coming to visit with them on this proposal. At first she understood the proposal; however after more thought they have more questions. She stated that 8 the pictures are not a true representation of this area. During the visit one of the applicants mentioned that "the nasty stuff will be injected into a 10,000 foot well". She inquired what the nasty stuff is. She asked what components besides the water, bentonite, and silicone sands are used to drill and fracture these oil wells. In addition, she asked what preparations have been in the future if the granite is lubricated and moves and creates earthquakes similar to those that occurred in the 1960's at a 12,042 foot well on the Rocky Mountain Arsenal. She stated that this area has many wildlife such as bald eagles, golden eagles, the State bird Lark Bunting, bluebirds and many other birds. She asked the applicants to please consider another remote area. She noted that there have been 23 deaths on Highway 392 in the past 4 or 5 years from Windsor to Briggsdale due to accidents. Bill May, CR 80, quoted a rancher from the area "The West is more than potential gas and oil fields. It is a way of life for those who work, live, and play there." He added that there is a main pickup area for the Briggsdale School District on Highway 392. In the mornings and evenings there are approximately 10 families which load and unload students. The speed going through there is about 65 mph on average. He has serious concerns about that traffic angle because it is not an easy angle to make. There needs to be some kind of traffic lanes so that the trucks can make it. County Road 74 does not hold up to the traffic that it has now. With more trucks it will be a continual problem in terms of maintaining that road. Mr. May said that there is also a real problem with fire hazard. He recalled a fire in Galeton at one of these facilities and four people ended up in the hospital. The Briggsdale Fire Department is an excellent group and they work very hard but if there is a fire out there and on a dry, windy day it would spread so fast. There are people who have lived in the area their whole lives and now it will be ruined not only because of the traffic but also the light. There needs to be a plan for light pollution control. In addition, Mr. May stated that they all would like their wells checked and maintained to make sure that they don't have any problems with their wells. He hopes that the Planning Commission will look at the traffic pattern again because there is a lot more traffic than what is indicated. He commented that they all have lost dear friends on that road. Mr. May indicated that in his conversations with Mr. Butcher he suggested placing this facility on another location; however Mr. Butcher indicated that it might cost too much. Mr. May asked how much is life worth to not check out other areas. James Dilka, 34528 CR 74,commented that he is the Assistant Chief of the Briggsdale Fire Department. He pointed out that at the intersection there is a highway that is posted at 65 mph. If you have turn ins at 300 feet there will be truck accidents. Coming onto County Road 69 you have to cut this angle. This is not a very well designed intersection. To actually make it with a semi without a vehicle moving out of the way is impossible. The site is 11 acres of flood zone and no one seems to want to address that. Mr. Dilka stated that there is a culvert from this site across the highway leading to Crow Creek. If there is a waste problem on this site and there is a 3 inch rain, it will wind up in the creek and he will not be happy about that. There is a heavy truck count on this highway to start with and there are no pull-offs. The company was asked to move the site by the parcel owner to the north edge of the parcel to get it away from this intersection; however they don't want to do that because then they don't have direct access to this paved road. The intersection doesn't work now and it will work even less with the increased amount of truck traffic. He believes that we should be drilling but stated that this is a bad facility site and asked to have the site moved. Ben Brown, 35954 CR 69, commented that he lives catty-corner from this proposed facility. He echoed many of the items that were already mentioned. He said that when they talked about monitoring for the shallow water he wondered what depth they would be monitoring at. Mr. Brown suggested paving the lane that is going up to the facility to help with dust control. He has lived out there since 1972 when it was a dirt road and traffic wasn't an issue. Since Highway 392 was finished being paved to Briggsdale it has been a race track. All of the traffic studies on County Road 74 do not show the problems on Highway 392. He is pro-oil and pro-gas, but believes that this needs to be managed the best possible way. He stated that he understood that there is an injection facility within five (5) miles of that location. Terri Jeffryes, 34097 CR 74, commented that they are the closest home to this proposed site. Her neighbors 9 have all said what really needs to be thought about. She commented that no one visited her house regarding this proposal and asked how many injection wells are they going to drill and how deep. She questioned how many total tanks they are planning to construct. She stated that there are a lot of concerns regarding this proposal and asked the Planning Commission to reconsider the approval of this application. Leonard Harvey, 36812 CR 80, commented that they talked about traffic on County Road 74 but didn't hear anything about the truck traffic on Highway 392. He is concerned with the nasty stuff that is being injected into the 10,000 foot reservoir and asked if there have been geological studies presented on this. What guarantees do they have that in 10 years the proposal of 30 million barrels of contamination going into the ground isn't going to affect their wells, livelihood and lifestyle? He asked to get studies on the wildlife, geology, and the lifestyle for everyone out there. Kim Pfeiff, 36500 Hwy 392, wished to echo the previous comments, most importantly the water and truck traffic. There are young drivers in the area and they do their best to tell them how to react with truck traffic. She asked to reconsider the placement of the site. Scot and Chelle Wahlert, 36750 CR 65, commented that they are Wahlert Land and Livestock and own all of the surrounding ground. They run 100 to 130 head of mother cows and calves so in the event of a prairie fire they will be the first to lose. They moved to the area 12 years ago and not only was it a ranching lifestyle but it is an investment. They own 2,700 acres and bought 3,200 acres and have sold residential property down County Road 69. This proposal will diminish the value of their property and ability to do any more sales of property. Ms. Wahlert indicated that they also privately, along with a couple other citizens, paid for all the electricity on County Road 69 so that is a personal investment in the growth and development in that area. Ms. Wahlert had a lot of questions regarding the management policies of this facility such as how the tanks will be maintained, security issues, and the monitoring of any leaks. The facility doesn't fit the rural ag residential lifestyle that is out there. If this application moves forward they would certainly like to see some structures, trees, fencing, or landscaping to help them. Ms. Wahlert asked about the construction of the casing. In addition, she asked how many of the current six facilities have been abandoned successfully and what the timeframe is of the exit strategy. Their water well is 450 feet deep and want to know today what their water is as well as 3 months from now, 6 months from now, and as the facility progresses. Mr.Wahlert commented that if the water is contaminated it ruins their livelihood with having 2,700 acres that they run their cattle on. Frank Harvey, 37321 Hwy 392, stated that this is an agricultural area. It has not been zoned commercial or industrial and added that this is an industrial site that will disrupt their way of life. They moved out there to have the peace and quiet and enjoy the wildlife. He witnessed the earthquakes in the 60's caused by a deep well on the Rocky Mountain Arsenal measuring 5.2 on the Richter scale. He asked how we know that this deep well is not going to lubricate the structure down there and cause more earthquakes. Jim and Debby Sullivan, 38125 CR 69, stated that when they talked to Mr. Butcher he said that this dead sea bed that is 10,000 feet under the ground goes all the way to Nebraska. She added that there has got to be another place that they can find that is just as good as this corner. Mrs. Sullivan lives on County Road 69 and has to come to this corner to get out and make her turn. She doesn't know what those truckers are going to do when they have to pull out on County Road 74 and do the same thing going the other direction. She understands that the pumps do not make that much noise; however what about the trucks? She will hear the downshifting and braking from the additional trucks. Mr. Sullivan commented that the fact that all the neighbors are here shows what a community they have in the Briggsdale area. There have been numerous disadvantages as to why it shouldn't be out there such as public safety, traffic noise, lighting,fire district issues, pollution, possible oil spills, and visual pollution. There will be 47 tanks, some of them 20 feet high and it will be a blight on the community. He quoted the Weld County Website"The Planning Commission must consider not only the factors related to an individual parcel of land but also how the use of the land affects the surrounding area and the community as a whole." He believes that they have adequately demonstrated that this proposal does not support the community whatsoever. He encourages the denial of this application. 10 Avram Yaffe, 38485 CR 69, said that he bought this property after becoming a disabled war veteran. He chose this area because of the peace and quiet. Right now there is already noise created from machinery and equipment but as this proposal goes in there will be additional problems. He has five (5) children and reiterated that this intersection is a nightmare. He noted all the wildlife in the area and inquired what will happen to them. Rob Pfeiff, 36500 Hwy 392, encouraged the Planning Commission members to drive out to this corner and look. He added that if you make the turns you will understand what they are talking about. The Chair called a recess at 3:51 pm and reconvened at 3:58 pm. The Chair asked the applicant to address the questions presented. Andy Peterson, Peterson Energy Management, stated that he is a Registered Professional Engineer in the State of Colorado and has a Petroleum Engineering Degree from the Colorado School of Mines. He added that he has been involved with drilling approximately 1,000 wells in Weld County over the last 30 years. The chemical components of what is being pumped into the well is 99.5 percent water and sand and about.5 percent of non-toxic proprietary chemicals that will get disclosed by the industry in a fairly short amount of time as part of the EPA's review of the hydraulic fracturing process. The water that Conquest is going to be disposing of is cleaned up significantly from this fracturing fluid. He said that it is not correct to say anymore that we inject the nasty stuff underground; however that was true in the old days. The stuff that gets injected now is quite a bit cleaner than what comes out of the ground as fracturing fluid or returned fracturing fluid. It gets filtered and treated for bioside then the sand and oil are removed. You can look at the water that gets injected into the well and it is near clear water. The nasty stuff gets separated out in the facility and does not get injected underground. The well will be drilled starting with a 10 inch hole and it will go down approximately 600 feet. By law they need to go 50 feet beyond the 450 well of the neighbor and will probably go 150 feet below that. Then an 8 inch casing is cemented into the 12 inch hole. So you have a string of steel casing cemented at 600 foot back to the surface. Then they drill out the middle of that 8 inch casing and go down to 10,000 feet and run a string of about 5 inch casing and again cement that back from bottom to top. The water well is protected by two strings of steel casing and two concrete grout layers plus when they inject they inject into a third string of tubing with a pack off device that is set above the injection intervals so you have another barrier. They monitor all of these annular spaces and report it to the Oil and Gas Commission. The drilling of the well will not affect the groundwater at all. There are approximately 15 disposal wells in Weld County injecting roughly the same stuff and at the same volume that this proposed well is estimated to inject. There is approximately 2 million gallons of water going in the ground in Weld County every day and has been for years. They are not aware of any reported earthquakes and any contaminated water supplies and any public health instances from any of these 15 wells over the last 20 years. Therefore the public safety aspect of injecting this water into the ground is really a non- issue. Mr. Peterson addressed the question about earthquakes. The well in Denver in the 1960's injected into the basement rock below the 10,000 foot of soil and sedimentary rock. For some reason, injecting into the basement rock lubricated some planes or faults down there and did lead to measurable earthquakes; therefore they stopped injecting into that well and have had no reported earthquakes since. All of these EPA Class I and Class II disposal wells inject into the sedimentary rock down to a depth of about 10,000 feet; however that is still a couple thousand feet above the basement rock. He added that they are 850 feet from anyone else's underground source of drinking water. All of the injection volumes are reported monthly to the Colorado Oil and Gas Commission and all of the records are available to the public. The presence of the well is not going to hurt the drinking wells or the neighboring properties. 11 Commissioner Holton asked how many tanks will be there. Mr. Butcher said that injection process will have 23 tanks that are outside in concrete secondary containment berms. The recycling process will be indoors and all seven (7) of those tanks will be inside. A maximum of 23 tanks will be outside and visible. Commissioner Holton asked about the solid waste. Mr. Butcher said that the solid waste is tested and taken to a landfill. There is not a lot of solid waste as the filters end up with dead bacteria in them and sand. They dry them and put them in a bin and Waste Management takes it to the landfill. Recycling facilities create some waste. The waste is dried by letting it sit in the sun in a tank that doesn't have a cover on it. The sun dries it and then it is hauled to the landfill. He stressed that there is no toxic waste. Commissioner Holton asked how many wells there will be. Mr. Butcher replied that there will be one(1)well at this facility. He added that there will also be a water well which will be the closest water well to this facility. Commissioner Holton said that there seems to be concern with fire. Mr. Butcher said that they will certainly work with the Fire District on that and keep the brush away from the facility. They will do the prudent things to make sure that they won't start a fire. Mr. Holton asked if there is a fire plan. Mr. Butcher said that they have to have a plan with the Fire District before they operate. Commissioner Hall said that there were a lot of questions regarding monitoring wells. He asked if they are required by the State to put in monitoring wells. Mr. Butcher said that before they buy the property they drill four (4) monitoring wells and study the soil, water and water flow in each of those wells. They determine whether the soil on the site is contaminated. They will check the water and that will give them a baseline for the immediate subsurface water which is 12 feet in some places,40 feet in others. If there is contamination in that water it is telling them that there is something wrong at the facility at the surface. The monitoring wells are checked by an independent engineering firm that keeps custody of the water. He noted that they did misspeak earlier as they found that a couple of years ago at one of their facilities they do have contamination in the 20 foot level of water(immediate subsurface water). They are remediating it and should be done in 1 or 2 years. The area of contamination has been shrinking ever since it was found. Commissioner Berryman said that there was mention about the nuisances on site and asked if anything can be done on truck traffic to be controlled. Mr. Butcher said that they will do everything they can to reduce truck traffic. The trucks are already on the road and now they travel a lot further to get to a facility like this than they will when this facility is built. They are going to reduce the truck traffic, at least distance wise. Mr. Berryman asked if they compete with Apollo. Mr. Butcher said that Apollo is a minor competitor and that facility can only take 20 percent of what this proposed facility can take. Commissioner Grand asked if they looked at any other sites. Mr. Butcher said that they looked at a lot of other sites. He stated that when they look at different sites they determine in the general area where one is needed. Then they look for good paved roads near areas that don't have high density of residences and this location fits that need. Mr. Grand noted that it was mentioned that it would reduce the overall traffic which is the greater good of the State of Colorado; however his concern is that it is heightened by the comments from the citizens. He is concerned that although this may be an optimum site location there is a potentially serious traffic problem on Highway 392. Mr. Butcher said that the traffic is already on Highway 392 and is traveling 20 miles further into Greeley. However, Mr. Grand said that the trucks are not turning. Commissioner Berryman asked what can be done to minimize the lighting on site. Mr. Butcher said that they minimize the lighting at all of their sites and added that there will be a lighting plan submitted to the County and will work with anyone who has an interest in working with them on the lighting plan. He added that lighting doesn't become a major issue after 10:00 pm because they don't have trucks coming in and out of the facility. Mr. Berryman said that there was a question about an abandonment plan and asked them if there is anything in place. Mr. Butcher said that they have to file an abandonment plan with the County which basically takes the property back to its original topography. Commissioner Lawley asked if a referral was sent to the Colorado Division of Wildlife and if so did they comment. Mr. Ogle said that there was a referral sent to the Division of Wildlife; however they did not respond. There was also a referral sent to CDOT and they also did not respond. 12 Commissioner Holton asked if there is a drainage plan. Mr. Butcher said that there is a drainage plan prepared by their environmental engineering firm CGRS and has already been submitted. Clay Kimmi, Public Works, stated that they have submitted a preliminary drainage report where they are proposing a retention pond on the site. The site is so flat that they cannot accommodate a detention pond so they will be accommodating 1.5 times the 100 year 24 hour event. Mr. Holton clarified if it would be discharged into the Crow Creek. Mr. Kimmi said it would back up onto their site and then it would eventually flow into Crow Creek. Mr. Holton asked how much rain is that. Mr. Kimmi could not recall but said it was on the order of 2.5 inches over a 24 hour period. Commissioner Hall said that there has been quite a bit of discussion on traffic at this location and asked if there is a traffic study on Highway 392. Ms. Carter said that Highway 392 is not maintained by Weld County, but rather by CDOT. Ms. Carter added that she looked up the traffic study that they did in 2009 along that corridor and the traffic was approximately 5,000 trips per day. Commissioner Grand asked what the percentile of speed traveled on Highway 392 is. Ms. Carter said that their traffic counts are raw so they do not indicate the amount of truck traffic nor do they indicate the 85'" percentile. She assumed that it being posted at 65 mph you can estimate that it would be 70 mph or potentially higher. Commissioner Lawley believes that there is a safety issue given the traffic situation and asked if there are any alternatives. Ms. Carter said that because it is not under the County's jurisdiction the best they can do is contact CDOT's traffic engineer and discuss with them the concerns that the Planning Commission has at that intersection and make a suggestion that they do an improvement on that location. However,there is nothing that they can do as a County that would require them to make any adjustment on Highway 392. She stated that she would be happy to make that suggestion based off the discussion today. Commissioner Grand agreed with Mr. Lawley and said that he believes that it is wholly inadequate. He added that they have an option to deny the recommendation for approval. We support oil and gas and 49.9 percent of our tax revenue comes from the oil and gas industry but quite frankly putting folks at risk is far too great an expense to pay. 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-1747, 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 denial, seconded by Mark Lawley. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes with comment; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes with comment;Alexander Zauder, absent; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried. Commissioner Berryman commented that there is sufficient concern regarding the traffic at that intersection. He suggested some additional study in the future. Commissioner Hall suggested that the applicant work with the County and State to see if we can get something to resolve the traffic issue. Commissioner Lawley stated that he believes public safety is an issue and the intersection poses an issue for public safety not only for the citizens of that community but other people who use the highway and the county road that intersects with that highway. Commissioner Holton cited Section 23-2-220.3 based on the traffic count. He has no doubt in his mind that injection wells are safe but the traffic situation changes the whole picture. 13 The Chair read the following case into record. CASE NUMBER: USR-1750 APPLICANT: Bob White do Viaero Wireless PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Telecommunication Antenna Tower(330 foot wireless communication tower and related accessory buildings/structures) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Section 35,T8N, R62W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 86; North and East of the intersection of CR 86 and CR 81. Robert Grand noted that Viaero Wireless advertises in one of his newspapers; however he does not believe that it will adversely affect his ability to make an objective judgment. Chris Gathman, Planning Services, noted that the Weld County Code has just been amended; therefore telecommunication antenna towers are no longer considered a major facility of a public utility. They are now reviewed under the standard USR process and will require a hearing not only before the Planning Commission but also before the Board of County Commissioners for this case. The proposed tower facility is located on a vacant parcel of land in a rural agricultural area. The nearest residences are located approximately 1 mile to the east and approximately 1 mile to the south of this tower site. Nine referrals were sent out; six referrals were received and either indicated no concerns or are addressed through development standards and conditions of approval. No referral responses were received from West Greeley Soil Conservation District, Galeton Fire, and the Colorado Division of Wildlife. This site is not located within a three-mile referral area of any municipality. The Department of Planning Services recommends approval of this application along with the attached development standards and conditions of approval. Lauren Light, Environmental Health, commented that there are no employees so no water or sewer is required. Don Carroll, Public Works, stated that the access if off of County Road 86 which is a local gravel road. They will be utilizing the existing access to the site and are required to submit an Access Permit to Public Works. The site is not located in a floodplain. Bob Hirsekorn, Viaero Wireless, 1224 W. Platte Ave, Ft. Morgan, CO, stated that this tower will give them the coverage needed for this area in Weld County. Commissioner Berryman clarified if they are providing coverage in rural areas that don't really have it at this point in time. Mr. Hirsekorn said that was correct. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Nick Berryman moved that Case USR-1750 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 Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason 14 Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1738 APPLICANT: Jamin& Beth Mayer PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business(Parker Tree Service-and organic vegetative recycle of mulch and wood) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B SE-755; being part of the SW4 of Section 19,T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of CR 1 and approximately 1/2 mile north of State Hwy 66. Kim Ogle, Planning Services, commented that the signs for the Planning Commission and the Board of County Commissioners were posted July 15, 2010 by planning staff. The property is not located within an Intergovernmental Agreement area but does lie within the three mile referral area for the City of Longmont and the Towns of Firestone and Mead. The City of Longmont in their referral dated March 1, 2010 indicated no conflicts with their interests. The Towns of Firestone and Mead did not return a referral. Access is from County Road 1, which is a paved collector status road maintained by Weld County. Currently the property is in violation (ZCV09-00295)for the operation of a tree trimming business without an approved and recorded use by special review permit. If the permit is approved the violation will be closed. The business is located at a residence on a Subdivision Exemption parcel. Adjacent parcels to the property to the north, south and east are in Weld County and are predominately small to medium acreages with single- family residences with outbuildings. To the north is a residential development and to the west is Boulder County with a similar developed pattern. Fourteen referral agencies reviewed the case;five referral agencies offered comments that were incorporated into the conditions of approval and development standards. Aside from the letter of support, no letters or phone calls were taken concerning this case. The Department of Planning Services recommends approval of the case with the attached conditions of approval and development standards. Lauren Light, Environmental Health, commented that water is provided by Longs Peak Water District. The septic for the home is sized for six(6)people;therefore if they exceed six(6)people per day then they need to have that system evaluated. The applicant has indicated that the mulch piles will not exceed four(4)feet in height. Don Carroll, Public Works, stated that County Road 1 is a collector roadway and the traffic count is over 3,000 vehicles so it is a very busy road. The applicant is proposing to have a circle drive with two accesses to the road. Since this is a collector status road they will be allowed one(1)access to use. If they need to improve it they will be able to do so up to 40 feet to accommodate their vehicles; however no circle drives or additional accesses will be allowed. The site is not located in a floodplain. Jamin Mayer, Parker Tree Service, commented that he has a home based tree service business. He added that he has some free mulch and firewood available on the property. The circle driveway was a proposal; therefore he is considering widening the entrance to about 40 feet to accommodate the vehicles. He asked what type of screening is necessary. Mr. Ogle commented that there is a condition of approval which requires outdoor storage of materials, equipment, and vehicles to be screened from adjacent properties and rights-of-ways. The typical height for a 15 fence is six(6)feet per Weld County Code. Staff will want to make sure that the height of the material on site does not exceed the height of the fence; therefore if he wants a four foot high fence then the material could not exceed four feet in height. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Robert Grand moved that Case USR-1738, 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 Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair asked the Planning Commission members if there was any new business to discuss. No one had any further business to discuss. Mark Lawley said that it seems we are getting a lot of violation cases and asked how much public education is done by the County so that people understand they can't just start anything on their property. Mr. Ogle said that presently we have no public education other than what is posted on the website. Robert Grand offered to publish an article in the November 151 publication of the Lost Creek Guide which will go to 50,000 Weld County residences if the Planning Department would like to write it. Meeting adjourned at 5:20 pm. Respectfully submitted, Kristine Ranslem Secretary 16 Hello