HomeMy WebLinkAbout20080263.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 8, 2008
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, Doug Ochsner, at 1:35 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman —
Paul Branham u
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley —
Roy Spitzer 1
Also Present: Hannah Hippely,Chris Gathman, Department of Planning Services;Don Carroll,Dave Snyder,
Department of Public Works; Pam Smith, Department of Health; Cyndy Giauque, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the December 18, 2007 Weld County Planning Commission minutes,
seconded by Paul Branham. Motion carried.
The Chair read the case into record.
CASE NUMBER: USR-1606
APPLICANT: Connell Resources Inc.
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot C of RE-2972 Sections 23 and 24,T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(highway construction equipment
maintenance and storage facility)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 23 and 1/2 mile South of State Highway 392.
The Chair asked if there was anyone in the audience who wished to hear this case. No one wished to speak.
The Chair asked the Commissioners if they wish to pull this case to be heard. No one wished to have it
pulled.
The Chair asked the applicant if they wish for this case to remain on the Consent Agenda. The applicant
replied that they would like it to remain on consent.
The Chair asked Ms. Hippely if staff wishes for this case to remain on consent. Ms. Hippley responded that
staff would like for this case to remain on consent.
Roy Spitzer moved that Case USR-1606, 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, Tom Holton seconded the motion. Motion carried unanimously.
The Chair read the following case into the record.
CASE NUMBER: AMPZ-512
APPLICANT: George Bollinger
PLANNER: Chris Gathman
n^ LEGAL DESCRIPTION: Lot A of Avery Acres PUD; located in W2 of Section 10,T6N, R65 of the 6th
&Th-+Ywn erXiciv3 -aDpF 2008-0263
P.M.,Weld County,Colorado.
REQUEST: An amendment to the PUD change of zone(create one(1)additional residential
lot with estate zoned uses)for Avery Acres PUD.
LOCATION: East of and adjacent to CR 43 and north of and adjacent to CR 70.
Chris Gathman, Department of Planning Services, stated that the applicant has submitted a request for a
continuance as they need to meet State Mineral Owner notice requirements. He added that they also are
looking at revising the application to create an additional 2nd residential lot which would require re-
notification. The applicant is requesting a continuance until February 5, 2008. Mr. Gathman said that staff
is supportive of the request.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this case.
Jeff Raisley, 35844 Avery Dr., asked how they could obtain a copy of how the two additional lots will be
platted. Mr. Gathman stated that he would get them a copy as the applicant will be submitting a revised
map this week.
Tom Holton moved to continue Case AmPZ-512 to February 5, 2008, seconded by Roy Spitzer. Motion
carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1628
APPLICANT: TARH E&P Holdings, L.P.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas
production facilities(two oil and gas wells)in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile north of CR 66 and approximately 1/2 mile west of CR 35.
Chris Gathman, Department of Planning Services, stated that the application is a request for a Special Use
Permit to allow two (2)well heads to be placed in the Residential Zoned District.
Mr. Gathman commented that there was a letter received from the representative of the landowner dated
November 26, 2007 in which they are requesting that the proposed wells be relocated so they are in a
north/south direction rather than an east/west direction. Mr. Gathman stated that currently there is one well
head on the site and in the original proposal it was stated to locate one well head approximately 35 feet to the
east and the other one approximately 35 feet to the west of the existing well head. The applicant has indicated
that they are acceptable to relocate the wells so that one well is 35 feet north of the existing well and one well
is 35 feet south of the existing well.
Mr. Gathman commented that part of this application lists some future tank batteries and compressors to be
located to the north of this site, however these are on Agricultural Zoned properties and they would actually be
a Use by Right and would not be a part of this application. He clarified that the only part of this application are
the two (2) proposed well heads as that property is zoned Single-Family Residential.
Mr. Gathman added that from the letter dated November 26, 2007, another item that the landowner is
requesting is that the compressor be electrically powered or sound-proofed to mitigate noise issues. Mr.
Gathman added that if there ever is a compressor that is placed on the site, it will be placed to the north which
is Agricultural Zoned property and again it is not under this application.
Mr.Gathman wished to make a correction and stated that in the original notice for this case,the property was
identified as Agricultural,which is incorrect,and should be Single Family Residential. Mr.Gathman stated that
in talking with the County Attorney, he indicated that the description of the proposed use for the two(2)well
heads was accurately described in the notice, so no re-notification was necessary for this hearing. However
we will correct this notification prior to the Board of County Commissioners hearing.
Commissioner Ehrlich asked if there is a difference in distance, in terms of well heads, to Residential areas
versus Agricultural. Mr.Gathman replied that it is 350 feet away in Single Family Residential versus 150 feet
for well heads and 200 feet for tank batteries in the Agricultural Zone District.
Commissioner Ehrlich asked if this is still outside of the 350 feet as it is zoned Single Family Residential. Mr.
Gathman stated that it is.
Commissioner Ehrlich recalled approving a PUD in the next section over and asked if that would infringe on
the 350 feet. Mr.Gathman replied that the subdivision is further to the north and there wouldn't be any issues
with that.
Commissioner Branham commented that the plan is to add an oil storage tank and a water storage tank off-
site where the current batteries are located. Mr. Branham asked if we approve this application as it is now,will
that prohibit the applicant from adding any storage tanks on the site in the future. Mr.Gathman said that per
their application they are showing those improvements to be to the north on the adjacent property so it would
not be on the same site. Mr. Gathman clarified that per their application the only thing that they are being
approved for right now would be the two(2)well heads. Mr.Branham asked that if they wanted to put storage
tanks on the site, they would have to come back. Mr. Gathman replied that was correct.
Tom Hellerich,Winters, Hellerich&Hughes, mentioned that he represents the applicant. He commented that
Mr. Gathman indicated that we had agreed that we would put one well to the north and the other to the south
of the existing well. Mr. Hellerich indicated that he wasn't sure how to interpret the letter that came in from the
landowner's representative, however his interpretation is that they want both well heads to the north. Mr.
Hellerich commented that they are not opposed to doing either one.
Mr. Hellerich mentioned the issue of the spacing of the 35 feet and commented that they will try to
accommodate that but the Oil and Gas Commission regulations give them up to 50 feet. He added that if they
go less than 50 feet,then they have to go through a special process to do that. He handed out a copy of those
regulations to the Planning Commission.
Mr. Hellerich stated that due to the nature of the drilling requirements,they may not be able to comply with the
35 feet, however they will comply with what the Oil and Gas Commission regulations are.
Commissioner Holton asked if the 35 feet is a development standard. Mr.Gathman replied that it is not and
added that it was a request of the landowner. Mr.Gathman commented that since it is up to the Oil and Gas
Commission, he is not sure if we have the authority to enforce that.
Commissioner Holton asked for clarification on the location of the wells. Mr.Gathman stated that per the letter
from the landowner, they want both well heads to be to the north. He added that originally they had wanted it
on either side of the well, but the two wells under the proposal would be located to the north of the existing well
head.
Commission Holton suggested making that into a development standard. Mr. Gathman said that he would
add that in and include it to be shown on the plat.
The Chair asked if the Department of Public Works had anything to add. Dave Snyder commented that they
do not have anything to add to this. He added that their main access is off of the State Highway for the
majority of their work and occasionally they may use the County Road to the south.
The Chair asked the Department of Public Health if they had anything to add. Pam Smith said that the
employees will be there only for drilling and the site will be an un-manned site. She added that it will be a
small impact on an ongoing basis.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Lawley asked about the impact on these roads and how the County addresses that. Don
Carroll, Department of Public Works, commented that they require permits for over-width and over-weight
vehicles,therefore the drilling rigs need to secure permits with the Department and are then permitted to utilize
the County maintained roads.
Mr.Gathman said that he would add a condition under Number 1, item A.3 to state"The two(2)proposed well
heads shall be indicated on the plat aligned and to the north of the existing well head. The wells shall be a
maximum of 50 feet apart from each other.
Robert Grand moved to accept the amended Conditions of Approval and Development Standards,seconded
by Paul Branham. Motion carried unanimously.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are agreement with those. The applicant replied that they are in agreement.
Tom Holton moved that Case USR-1628, 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, Mark Lawley seconded the motion. Motion carried unanimously.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Mark Lawley,yes; Roy
Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
Meeting adjourned at 2:01 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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