HomeMy WebLinkAbout20082592.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 13, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall :.
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Kim Ogle, Department of Planning Services; Don Dunker, Department of
Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney, and Kris Ranslem,
Secretary.
Commissioner Ochsner noted a change that he wished to make to make on page 7 of the September 2,2008
minutes. He recalled that Mr. Haren stated that there will not be a backup plan for pumping.
Robert Grand moved to approve the amended September 2, 2008 Weld County Planning Commission
minutes, seconded by Roy Spitzer. Motion carried.
The Chair announced that there are two items on the Consent Agenda. He read the first item into record.
CASE NUMBER: USR-1664
APPLICANT: Carma Bayshore LLC
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in a PUD with E(Estate), C-1, C-2(Commercial, R-1, R-2, R-3 and
R-4(Residential)Zone Districts.
LEGAL DESCRIPTION: Four parcels-Lot B of RE-4103 being part of NW4, Lot B of RE-1840 being part of
NE4, Pt SW4 and Pt SE4 all being in Section 25,T3N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of CR 11 and south of and adjacent to State Highway 66.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. She replied yes.
The Chair asked the applicant if they wish for this case to remain on the Consent Agenda as well. The
applicant replied yes.
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 if any of the Planning Commission members wished to hear this case. No one wished to
speak.
The Chair read the next case on the Consent Agenda.
CASE NUMBER: USR-1666
APPLICANT: Milky Way Owners Association Inc
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
/� Production Facility in Western Dairymen.
(2Tn+nluncc "-) 0217/-r.942)8 2008-2592
LEGAL DESCRIPTION: Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
Section 10,T2N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: West of CR 7.5 and South of State Highway 119.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. She replied yes.
The Chair asked the applicant if they wish for this case to remain on the Consent Agenda as well. The
applicant replied yes.
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 if any of the Planning Commission members wished to hear this case. No one wished to
speak.
Roy Spitzer moved to approve the Consent Agenda, including USR-1664 and USR-1666, and that these
cases 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. Motion carried.
The Chair read the next case into record as a hearing item.
CASE NUMBER: USR-1662
APPLICANT: Noble Energy
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facility including Oil and Gas Support and Service(storage of pipe
(tubulars)and production equipment)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot C, AmRE-4066; part of the SE4 of Section 31,T4N, R66W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 38, East of CR 25.5; 1300 feet west of SH 60.
Kim Ogle, Department of Planning Services, stated that the applicant is Curt Moore with Noble Energy and is
represented by Rick Behning, Jennifer Henninger and Vince Harris of Baseline Corporation.
The sign for this hearing and the Board of County Commissioners hearing of October 1, 2008 was posted
September 5, 2009 by staff.
The site is located north of and adjacent to County Road 38, east of County Road 25.5 and 1300 feet west of
State Highway 60. The property is within the three-mile referral area of the Town of Gilcrest,Town of Milliken,
and the Town of Platteville. The Town of Gilcrest did not return a referral. The Town of Milliken in their
referral received July 25, 2008 indicated that the site is located within the Town's growth area and requested
that the applicant contact the town about annexation. The representatives from Noble Energy had discussions
with the Town of Milliken and indicated that it is mutually agreed that the annexation at this time does not
serve either the Town or the owner's interest due to the relatively distant location and lack of services. The
Town of Platteville in their referral dated July 8, 2008 had indicated no conflict with their interests.
Mr.Ogle commented that the proposed facility is for a storage yard for receiving, storage and dispatching the
piping and surface equipment for the continuing operation of 5000+ oil and gas wells in the DJ basin.
The surface equipment includes certain production equipment including production tanks, water pits,
separators, heater-treaters, pumping units, meter houses, stairs, landings,emission control devices including
burners and compressors and other miscellaneous equipment for delivery of oil and gas production facilities.
The facility will return used pipe to the facility for inspection by Tuboscope and is either re-utilized or sold as
scrap iron when it comes back from the field. An independent testing contractor will be on-site to conduct this
activity.
There is normally one(1)full-time Noble Energy employee on-site and two(2)full-time contract employees
who operate forklifts for loading and unloading materials from the trucks. On average,thirty trucks will arrive
2
and depart daily from this facility. The applicant indicates that the hours of operation are from 7:00 a.m. to
7:00 p.m. Monday through Friday and 7:00 a.m. to noon on Saturdays.
There will be one structure on-site that will house the forklifts and provide office space for the facility. Water to
this facility is provided by Central Weld County Water District and ISDS will handle effluent flows.
Site lighting will be from overhead lights that are shielded to protect rays from glaring off-site. One such light
will be at the gated point of ingress and egress to the facility.
Surrounding lands to the north, east, and south are irrigated agricultural lands with land mass encumbrances.
To the west of and adjacent to the site is a single-family residence with outbuildings. There are three property
owners within 500 feet of the facility.
The access to the facility is off of County Road 38,which is a paved two-lane road into the site. The property
shares a 60 foot access easement with undeveloped lands to the east owned by Western Equipment and
Truck, Inc of Greeley. Internal roads and the facility yard are graveled and graded.
Fourteen referral agencies have reviewed the case;ten offered comments and some with specific conditions.
To mitigate the off-site noise from the Fritzler residence to the west, the applicant has indicated that a berm
with heavy dense planting and opaque fence will be employed. Mr. Fritzler has indicated that this is a
reasonable accommodation.
One letter was received by a surrounding property owner in the near vicinity to the site. Conditions that were
raised in the letter, received from Diane Wolfe and her sister Donna Wolfe, speak to the numbers of trucks
utilizing the local roads, the inundated diesel smell, noise, dust and heavy traffic are a constant and make a
huge impact on this area potentially posing health and safety issues. Numerous water trucks, dump trucks,
gravel trucks, oil and gas equipment and commodity trucks to name a few utilize this very busy roadway.
County Road 38 is the haul route for the Platte Sand and Gravel facility which is within the town limits of
Milliken and to the west. They indicate that the congestion due to an increase in trips will make for a potential
traffic hazard and could create severe adverse conditions. The Wolfe's suggest that the County and CDOT
evaluate the current traffic flows and traffic conditions prior to acting on this application. They further state that
they are in opposition of the Noble Energy facility at this location. Mr. Ogle added that he provided a copy of
their letter.
Mr. Ogle stated that staff has one amendment to Development Standard#24 which states"The facility shall be
limited to three employees". He commented that staff did not take into account the Tuboscope operation and
therefore are asking for that number be increased to five (5) employees to accommodate the ancillary pipe
inspection Tuboscope personnel.
Mr. Ogle stated that Planning Services is recommending approval of this application with the attached
Conditions of Approval and Development Standards
Jennifer Henninger, Baseline Corporation representing Noble Energy,commented that this site is just west of
Highway 85. This is a 14 acre parcel for receiving, storing, testing, and dispatching of tubulars for oil well
operations and receiving, storing and dispatching of associated production equipment.
The Tuboscope operations that will occur are proposed to be located on the northern part of the property.
One permanent office structure with one full-time employee and two full-time contract employees will be using
the building. Ms. Henninger added that there will be two additional personnel for the Tuboscope operations.
This facility will support the 5000+/-oil and gas wells in the County and also the 2500+/-production facilities.
The property is in agricultural and the use requested is a use by special review. Ms. Henninger commented
that they used criteria in Sections 23-2-200 though 23-2-410 in evaluating this application.
Ms. Henninger indicated on a visual presentation where they propose to access the site as well as the
proposed landscaping to the site.
3
Ms. Henninger commented that Noble Energy has a dust abatement plan which has been submitted to the
Weld County Health Department. She commented that screening will occur between the site and the adjacent
farm houses shown on their site plan. The screening consists of the earthen berm, opaque fencing, ample
setbacks and landscaping installed especially in the corner adjacent to Mr. Fritzler's property.
Ms. Henninger commented that there will be approximately 30 vehicles to and from this site on a daily basis.
Ms. Henninger stated that the Tuboscope operation has a decibel level of approximately the same as a lawn
mower. She added that noise generating operations have been purposefully located remotely from Mr.
Fritzler's property and screening plantings will be selected to enhance the noise mitigation.
The Chair asked the Health Department for their comments.
Lauren Light, Environmental Health,stated that water will be provided by Central Weld County Water District.
Ms. Light added that she just received a copy of the well serve letter from the District. She indicated that the
applicant will install a septic system for the employees.
Ms. Light commented that they are requiring a dust abatement plan and added that the applicant will need to
check with the State for an Air Pollution Emission Notice Permit if it is required. She stated that the noises are
restricted to the level allowed in the Commercial Zone District which is 60 decibels from 7:00 a.m.to 7:00 p.m.
She indicated that after that hour it goes down to 55 decibels.
Ms. Light stated that Development Standards 3 through 14 addresses Environmental Health items and added
that the Health Department has no objections to this request.
The Chair asked the Public Works Department for their comments.
Don Dunker, Public Works, stated that County Road 38 is a paved two-way local roadway. In June 2007,the
traffic counts were 377 average daily trips(ADT). The speed limit is posted at 55 mph and 85%of the speed
limit was 56 mph and 39%of traffic is truck traffic. The haul route from this facility is east on County Road 38
to State Highway 60 and then southeast to State Highway 85.
Mr. Dunker commented that the applicant has indicated very little or no traffic will enter or exit the site from the
west. The approximate site distance from the center of the proposed access to the east is 1114 feet to the
stop sign at State Highway 60. The site distance from the proposed access to the west is 878 feet. The
minimum entering site distance per CDOT access code is 935 feet.
Mr. Dunker stated that the applicant will add 30 additional truck vehicles per day and 5 personal vehicles for
employees per day. He commented that State Highway 60 has reported 3700 vehicles per day and CDOT
received a referral and indicated they had no concerns with this application.
Mr. Dunker said that a stop sign will be placed at the access for vehicles to stop before entering County Road
38.
Mr. Dunker commented that the applicant has proposed a retention pond for the entire site. He added that
this site is not within a FEMA regulated flood plain.
Mr. Dunker said that the applicant will pave approximately the first 300 feet into their site to keep the dirt and
mud off of the County Roads.
Commissioner Holton said that there are some pictures that were included in the packets and noted that it
looks really dusty on County Road 38. Mr. Dunker stated that County Road 38 is paved. However, he
explained that the other side of State Highway 60 is dirt. Therefore, a portion of where County Road 38
intersects with Highway 85 is dirt.
Commissioner Holton clarified that the applicant will travel from County Road 38 to Highway 60 and not cross
over onto the dirt road. Mr. Dunker replied that he was correct and added that the haul route is all on paved
roads. He further added that they will require a long term maintenance agreement for County Road 38.
4
Commissioner Holton asked to clarify the speed limit. Mr. Dunker stated that the speed limit is posted at 55
mph and the 85 percentile was 56 mph which was taken in June 2007.
Commissioner Holton asked to clarify the distance from the entrance to the stop sign on Highway 60. Mr.
Dunker stated that it is 1114 feet.
Commissioner Holton inquired what the chances are of dropping the speed limit down to 30 mph. Mr. Dunker
commented that the County Commissioners would have to take that under advisement.
Commissioner Ochsner clarified that there would be no truck traffic on the gravel roads. Mr. Dunker replied
that is what the applicant has indicated to him.
Mr. Dunker commented that they are going to designate a haul route in the long term maintenance agreement.
The haul route will be on the paved portion of County Road 38 and then on Highway 60. They will turn east
and then get on Highway 85 and disperse.
Commissioner Spitzer asked if there is currently a commercial use on the property. Mr. Ogle replied that the
property is currently vacant.
Commissioner Holton asked where the A&W trucks are coming from. Mr. Ogle replied that they are coming
from the north approximately 1/2 mile.
Commissioner Branham asked if there are any problems or concerns at the present time with traffic accidents
in this area. Mr. Dunker commented that he did not research the accidents; therefore he could not answer
that question. He said that the 878 feet to the west is short of the recommended per CDOT access code.
CDOT access code is 935 feet.
Mr. Dunker commented that we could propose to the applicant to post a sign prior to the hill which says
"Trucks Turning". He added that they could also propose posting an additional sign which states"Blind Hill".
Mr. Dunker commented that he checked with their traffic engineer and she also thought would be appropriate.
Commissioner Holton asked about posting signs for"Jake Brakes". Mr. Dunker commented that there are no
signs out there currently and is unaware if they are using their jake brakes. He offered that if the Planning
Commission wishes they can add that as a requirement.
Commissioner Ochsner wished to clarify if Mr. Fritzler's house is on the paved road. Mr.Dunker indicated that
it is.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Diane Wolfe, 13292 CR 38.5, Platteville. Ms. Wolfe handed out some additional pictures. She commented
that she is here representing herself and her sister Donna Wolfe. She added that they do not fall within the
500 foot buffer per the County's requirements; however they do have some concerns.
Ms.Wolfe stated that the posted description indicated that Noble Energy would be storing pipes,tubulars and
some equipment (for example, forklifts). She added that the application indicates it would be the tubulars,
production tanks, water pits, separators, and also a parking area for 15 tractor-trailers or flatbeds.
Ms.Wolfe commented that this is not zoned Industrial, it is zoned Agricultural. She added that no matter what
kind of landscaping is done it will be a major eye sore to this area.
Ms. Wolfe cited Section 22-1-50.D.3.b and Section 23-3-10. Ms.Wolf stated that Noble Energy's industrial
business is not directly related to or dependent upon agriculture nor is this protecting prime farm land.
Ms. Wolfe commented that the traffic impacts indicate that County Road 38 is currently utilized primarily by
gravel trucks, farm vehicles, area residents and the sod farm. She indicated that Picture#1 is missing the
numerous trucks hauling dirt, the dump trucks hauling the sludge and mud, the numerous water trucks,
5
commodity trucks, and oil and gas equipment. The intersection at County Road 38 and Highway 60 is a
potential traffic hazard as it is and the traffic between the area of County Road 38.5 and County Road 38 is
horrendous. She added that on many occasions at the intersection of County Roads 38 and 38.5 the trucks
don't stop or they piggy back out to beat the traffic.
Ms.Wolfe stated that on County Road 38.5 A&W Water's oil and gas support business is hauling water and
sludge. She commented that they average approximately 42.1 trucks per hour and added that it doesn't
include any other traffic in there, just the water and sludge trucks. In 2008, 613 of the 736 trips she
documented 84%of A&W's water and sludge trucks traffic entered or existed south. Ms.Wolfe stated that on
County Road 38 we also have the traffic generated by Platte Sand and Gravel.
Ms.Wolfe commented that the application states that the proposed use will not create high traffic volumes and
is expected that the use will blend into the background. She responded that this business will add to the
already unsafe conditions in the high traffic volume. She believes that they will not blend in but will contribute
to the adverse conditions. She added that the way this was presented it sounds like traffic is minimal and it is
awful. It is important to understand the impact that this will have with the additional 60 round trips per day by
Noble Energy. Ms. Wolfe cited Section 23-2-240.A.8.
Ms. Wolfe cited Section 22-1-50.E.2 and Section 23-2-160.S. She commented that there are already safety
issues and by adding more from this industrial business will increase the already present traffic hazard. She
stated that there is currently no turn lanes, no county or state signage for heavy side road traffic or caution
trucks entering the highway or road. She added that there is already a large industry with A&W Water that
contributes to the potential traffic hazard. The only reference she saw in the Site Plan Review is in regard to
Noble's access driveway. There is a lot more to be concerned about than their driveway.
Ms. Wolfe cited Sections 23-2-250.A, 22-4-60, and 22-4-70 and commented that noise is a major source of
environmental pollution and this represents a threat to serenity and quality of life in the State of Colorado. She
added that the trucks sound like a train coming down the road. They are noisy because of the size and type.
Drivers are using their jake brakes and honking their horns. Ms.Wolfe commented that with Noble Energy's
business bringing in equipment and loading and unloading equipment will add to this already noisy area and
putting up a chain link fence is not going to buffer the noise.
Ms. Wolfe cited Section 22-4-40.C. She indicated that picture#2 shows the dust on County Roads 38 and
38.5. She said the trucks continue to cause a major nuisance condition with the dust and diesel fumes
making this area a major concern for health issues. She added that the trucks which currently travel on
County Roads 38 or 38.5 make the dust unbearable and visibility little to none.
Ms. Wolfe expressed that there are no guarantees that these drivers for Noble Energy will follow these
directions. The speed limit on State Highway 60 is 65 mph and is a two-lane highway. There is much concern
with the dust issue and the safety of trucks turning onto or off of State Highway 60 as well as the safety of
vehicles utilizing these roads. When the trucks pull out of A&W or come from Platte Sand and Gravel with a
full load it takes them a while to pick up their speed. Therefore cars get impatient and start passing them and
it is just unsafe. She felt that requirements from CDOT and the County should be in place to comply with their
standards for the type and amount of volume.
Ms. Wolfe commented that Noble Energy is a large company and has obviously stored their equipment in
other storage yards as indicated in the application. She added that on their website it states that in 2008 the
company has added 7000 additional acres. She believes that with the added 7000 acres there would have
been a better suited location than this proposed location.
Ms.Wolfe stated that picture#3 shows one of the best points from her sister's property which is the great view
of the front range. They would like to see it stay that way. She added that to add to all of these previously
noted concerns Noble Energy's equipment would impair that view plus depreciate the value of this home.
Ms. Wolfe concluded in saying that she objects to Noble Energy's USR-1662 being approved in this area.
Linda Santora 13292 CR 38.5 stated that she is here to object to Noble Energy's proposed USR. She
indicated that her reasons are under Section 22-1-50.D.2 and Section 22-1-50.D.2.C. She commented that
6
the definition of the word "mainstay" is a central cohesive source of support and stability and the word is not
used in any other subparagraph letter through A and D or anywhere else in the Weld County Code.
Ms. Santora commented that the reason why the agriculture is a mainstay is included in Appendix 22-E Weld
County's Right to Farm Statement as well as Section 22-2-30.A.
Ms. Santora pointed out Appendix 22-D 2000 Base Economic Analysis and noted the difference that
agriculture brings to the County compared to Industrial, Commercial or Electric Machinery.
Ms. Santora cited Sections 22-1-50.D.2.a, 22-1-50.D.2.a.2, and Section 22-1-50.D.2.a.3.
Ms.Santora continued to cite Section 22-1-120.6 and expressed that she doesn't think that Noble Energy has
taken this into consideration and added that they do have other options.
She noted that the adjoining properties at 804 Grand Avenue which is where their office is located in Platteville
has an ample amount of acreage zoned Ag that could be accessed. She added that this land would be
adjacent to the municipalities.
Ms. Santora cited Section 22-1-50.D.2.b. She brought some descriptions of the land that is adjacent to the
north of the main office. She commented that there is approximately 44 acres to the north of where their
offices are currently located.
Ms. Santora said that Noble Energy is proposing to not just use farmland, but prime farm land. In accordance
with Section 23-1-90 by definition this land is considered prime farmland because of the availability of the
consistent supply of clean water.
Ms. Santora commented that Noble Energy's proposal is to be located on prime land and surrounded by prime
land. She gave some examples of other options of where they could re-locate this proposal.
Ms. Santora commented that there are 15 semi-truck tractor trailers on the site plan. She added that in terms
of additional trucks she doesn't know if Noble Energy contracts out to any independent contractors. Therefore
it would be additional truck trips.
Ms. Santora cited Section 22-2-120.A. She added that this would be the most practical use for the subject
property.
Ms. Santora continued to cite Sections 22-2-30.C and Section 22-4-30.C.2.
Ms. Santora cited Appendix 22-E. She handed out some pictures that were taken 2-3 days ago. She
commented that by looking at the photos there are large piles of dirt. She added that these large piles of dirt
contain large pieces of concrete. These pieces of concrete used to be the tributaries for irrigation water and
now they have all been dug up. She indicated that picture#2 shows that there are also clean piles of dirt that
were brought in.
Ms. Santora submitted an article published in the Fencepost on September 14,2008 titled"Young farmers are
more optimistic than ever". She thinks that would be a great consideration for other uses of the land.
Ms.Santora indicated on Page 4 of Noble Energy's application they estimate that there would be 60 truck trips
that would come into the facility. She also indicated that it refers to needed storage because of additional
wells. She noted that the increase of wells from 2006 to 2007 was more than a 16% increase. She added
that with the year 2008 almost over a decrease or increase in oil production would reflect industrial trips.
Ms. Santora concluded with her concerns of the already high traffic volume along with the addition of this
proposed site.
The Chair closed the public portion of the meeting as no one else wished to speak.
The Chair asked the representatives of Noble Energy to address the concerns stated in public testimony.
7
Rick Behning, Baseline Corporation,920 9`"Ave,Greeley. Mr.Behning commented that they are agreeable to
any type of signage related to the access on County Road 38 of which Public Works deems necessary.
Mr. Behning understands the concern of agricultural use. It is believed that when property is subdivided
through a system like a recorded exemption the intent is that that parcel will not be used for agricultural use
because they often result in smaller parcels. He added that in shopping around and looking at alternatives
Noble Energy was attracted to those types of situations where the subdivision has already been approved by
the County and an alternative use was already understood to be coming.
Mr. Behning commented that in regard to the intersection hazard he wanted to remind the Planning
Commission that CDOT has reviewed the application and are aware of the conditions of that intersection as
well as Weld County Public Works. He added that neither entity believed that they would have a negative
impact on the existing background traffic.
Mr. Behning reiterated that Noble Energy is interested in complying with this Use by Special Review
application and understands the gravity of this type of a process and is taking it seriously. He added that they
do not intend to propose something of which would be a violation down the road. He added that they
understand that if something were to change that they would have to come before the boards again to have all
that approved. They have taken their truck logs over the past couple of months and looked at all the vehicles
entering the site and have been very conservative on their estimated number of trucks per day. He
commented that it is not a concern on Noble Energy's part that increased truck traffic would be necessary to
continue to handle the workload and opportunities that they have had in this field.
He understands that noise is certainly an issue and something that they really thought about when submitting
this application. He said that they moved where they thought would be the most utilized parts of the yard away
from the adjacent resident. All of these improvements would be nearly 1000 feet away from the intersection of
State Highway 60 and County Road 38. He commented that with regard to Jake Brakes, he indicated that
Noble Energy would be happy to implement a policy that their drivers and subcontractors would not utilize
them in that vicinity.
Mr. Behning wished to comment on the concern of miscellaneous equipment. It is the intent to store tubulars,
pipes and to operate the Tuboscope operation and to store those production facility types of equipment.
There was a fear that if they didn't include miscellaneous equipment then they might have forgotten fencing or
something along those lines.
The Chair asked if the Planning Commissioners had any questions for Mr. Behning.
Commissioner Holton asked if these trucks are Noble Energy's or if they were private trucks coming to pick up
the tubing. Mr. Behning replied that he did not know the answer to that. The parking for those trailers that
was noted previously is for trailers that are parked and loaded and then a tractor comes to pick those up and
takes them out. His guess is that they probably are not property of Noble Energy.
Commissioner Ochsner asked if there would be any trucks stored on-site. Mr. Behning stated that it has not
been indicated to him that they would. He said that the idea of the pipe racks as indicated in the pictures are
generally lower to the ground. He said that those would be on-site as well as trailers parked there so that as
they got tickets for desired tubulars to be shipped out they could load those up and then a truck comes to
picks them up and takes them out. He commented that he was not directed to provide any parking for trucks
on site.
Commissioner Ochsner referred to the dirt pile with the concrete ditch remnants. He asked Mr. Ogle if he
knew if there is a lateral that was disturbed that would affect other land owners. Mr.Ogle stated that there are
4 stock piles of soil and concrete in the soil, however it is not located on this property. He would guess that it
may be a private lateral as it doesn't go across the ditch. Mr. Ogle indicated that these piles were on the
property to the east of this site.
Commissioner Holton commented that the plan indicated that the access is limited to County Road 38. He
asked if this is the only access to the property or if there was an additional one for emergencies. Mr. Ogle
8
replied that the only access to this property is from County Road 38.
Commissioner Holton asked that if things got really busy if there was a maximum number of truck traffic that
they would like to see coming in and out of there before it is reviewed again. Mr. Ogle stated that anything
greater than 60 round trips would be non-compliant with their USR application and then it would come under a
substantial change show cause hearing.
Commissioner Spitzer asked if Mr. Ogle could show where the A&W traffic is coming from in relationship to
this proposed application. Mr. Ogle indicated on a map where the A&W site is. He added that there is no
USR for A&W, however staff has met with them and asked them to bring in an application for staff review. He
further added that it is currently a pending violation item until they submit a USR application and he expects
that to be in the next couple of weeks.
Commissioner Spitzer asked about the dust and if that would be addressed with the USR from A&W Water.
Mr. Ogle stated that it would be.
Commissioner Lawley commented that the signage issue needed to be addressed. Mr. Dunker noted that
there should be a limit on the number of vehicle trips into the Development Standards as well.
Robert Grand moved to amend Development Standard#24 from three(3)employees to five(5)employees as
suggested by staff, seconded by Roy Spitzer. Motion carried.
Commissioner Holton clarified that the speed limit would only be up to the property and everything west of that
would continue as normal. Mr. Dunker said that in staying with good engineering practice you like to step
those down speed limits to 15 mph increments. Therefore stepping it down to 40 mph before the hill would be
his recommendation. He added that it would give them a site distance of 680 feet.
Mr. Dunker suggested adding Development Standards with relation to signs. Mr. Dunker started with
Development Standard #31 to read "The applicant shall install a 'Trucks Turning' sign on County Road 38
before the ditch crossing per MUTCD Standards", Development Standard #32 to read "The 'Blind Hill' sign
shall be installed on the applicant's property per MUTCD Standards", Development Standard#33 to read"'No
Jake Brake' signs shall be installed on County Road 38 to the State Highway 60 stop sign per MUTCD
Standards", Development Standard#34 to read "Maximum number of truck vehicle trips per day shall be 60
trips", Development Standard #35 to read "Request that the speed limit be reduced to 40 mph at the same
location of the 'Trucks Turning' sign".
Tom Holton moved to add Development Standards 31, 32, 33, 34, 35 as recommended by staff,seconded by
Mark Lawley. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are agreement with those. Mr. Behning commented that he doesn't believe that Noble
Energy has any concern about what speed limit is desired to be on the road,given that they probably wouldn't
detain that speed anyway between their access and intersection of County Road 38 and State Highway 60.
His concern is that, ironically,when he visited Mr. Dunker at the Public Works office he read a booklet that the
County puts out on speed limits. He added that Colorado Statute says that you cannot change the speed limit
from what the State designates without a traffic study. He feels that Noble Energy would be concerned if it is
the intent of the Planning Commission to put that burden on them to demonstrate what the speed limit should
be there. Mr. Behning reiterated that he doesn't believe Noble Energy would have any concern to change the
speed limit; however it was implied that they would be responsible in accommodating that change. Mr. Dunker
stated that in other cases they have done where the County has deemed necessary to reduce the speed limit
the County Commissioners have voted on it. He asked Cyndy Giauque, County Attorney, for further
advisement. Ms.Giauque noted that this is a request. Therefore, Public Works is making a suggestion to the
Commissioners if they would consider going through this process. Mr. Ochsner clarified that if the request is
approved and the County Commissioners say that we do need a traffic study then it would be the applicant's
responsibility. Ms. Giauque stated that it would be up to the County Commissioners to decide how they want
to proceed with that. She mentioned that the applicant can work with the County Commissioners on that
issue.
9
The Chair asked Mr. Behning again if they are in agreement with the amended Conditions of Approval and
Development Standards. Mr. Behning replied that he understands the amendment to be five(5)employees,a
Blind Hill sign,and Trucks Turning sign. He has a slight concern with the"Jake Brake"sign recommendation
as he is not familiar with what that would entail, for example the amount of signs that would need to be
installed. He expressed that Noble Energy might have some heartburn if that scope were to expand based on
the Manuel Uniform Traffic Control Devices. He reiterated that Noble Energy may have a concern with having
that burden put on them to address what is really a CDOT or County wide issue. He doesn't believe that there
is any issue as far as what is required for their access drive. He understands that what is being proposed is a
Condition of Approval to change the speed limit from 55 mph to 40 mph. While Noble Energy has no problem
with the speed limit being modified, He is concerned that it is being suggested that it is a requirement of the
Planning Commissioner's recommendation. Commissioner Ochsner stated that they are requesting that the
County Commissioners review it. He asked Mr. Behning if he is comfortable with the list of Conditions of
Approval and Development Standards as amended then he would need to respond that he is in agreement or
if there are specific things he would like to change. Mr. Behning commented that he is comfortable in
addressing the County Commissioners at the time they review the application and added that he will do some
due diligence in coming prepared with regard to those 5 points at that meeting.
Mark Lawley moved that Case USR-1662, 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 Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham,yes; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes; Mark Lawley,yes;
Roy Spitzer, yes; Tom Holton, no with comment; Doug Ochsner, no with comment. Motion carried.
Commissioner Holton cited Section 22-2-150.6.4 and Section 23-2-220.A.3 and 23-22-220.A.4. He expressed
that this application is a very industrial use in an Ag zoned area and believes that there are other appropriate
locations best suited for this. Therefore he doesn't believe that it is compatible with this zone.
Commissioner Ochsner cited Section 23-2-220.A.3 for compatibility. He believes that this is Commercial in
scope and would be better placed in an Industrial/Commercial zoned area.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 2:57 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
10
Hello