HomeMy WebLinkAbout20082149.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 5, 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 1:30 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: Michelle Martin, Chris Gathman, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Tom Holton moved to approve the July 15, 2008 Weld County Planning Commission minutes, seconded by
Robert Grand. Motion carried.
Commission Ocshner commented that time has come to elect a new Chairman and Vice-Chairman. He
recommended that everyone get a chance to hold these positions as it is a unique opportunity. Mr. Ochsner
opened up the nominations for Chair of the Planning Commission.
Commissioner Grand nominated Doug Ochsner for Chairman, seconded by Commissioner Branham. Mr.
Ochsner accepted the nomination.
Commissioner Lawley nominated Tom Holton for Vice-Chair, seconded by Commissioner Grand. Mr. Holton
accepted the nomination as Vice-Chair.
The Chair asked for volunteers to represent the Planning Commission on the Board of Adjustment. Currently
there are two vacant positions: 1)District 1, and 2)Associate Member. Erich Ehrlich volunteered to serve on
the District 1 position. Bill Hall volunteered to serve as the Associate Member.
The Chair started with the Consent Agenda and read the first case into record.
CASE NUMBER: USR-1660
APPLICANT: Dust& Dirt Excavating, LLC
PLANNER: Michelle Martin
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including open pit mining and material processing
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt NE4 Section 4,T5N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to Balsam Ave and North of State Highway 263.
The Chair asked Ms. Martin if she wishes for this case to remain on the consent agenda. She replied yes.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
applicant indicated 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.
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In addition the Chair asked the Planning Commissioner members if any of them wish to pull this case from
consent. No one wished to speak.
The Chair moved onto the next case. He read it into record.
CASE NUMBER: USR-1655
APPLICANT: Gerald& Beverly Ewing
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business(bullet casing business)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SW4 of Section 29,T9N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 100 and approximately 1/2 mile west of CR 17.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr. Gathman stated that
he does.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
applicant indicated 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.
No Planning Commissioners wished to pull this case from the consent agenda as well.
The Chair continued to the last case on the consent agenda. He read the case into record.
CASE NUMBER: USR-1656
APPLICANT: Great Western Oil &Gas Company, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Permit and a Special Review Permit for oil and gas
production facilities(two oil and gas wells-and any additional wells allowed by the
Colorado Oil and Gas Commission drilled from the same pad along with a tank
battery site)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4,T5N, R65W of the
6th P.M., Weld County, Colorado.
LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet
north of East 8'h Street(State Highway 263).
The Chair asked Mr. Gathman if he would like to have this case remain on consent. Mr.Gathman replied that
he does wish to have this case remain on consent, however staff did receive a letter from a surrounding
property owner and have created a condition of approval that would address their concerns.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated 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 the Planning Commission members if they wish to pull this case from the consent agenda.
No one wished to speak.
Robert Grand moved to approve the Consent Agenda, including USR-1660, USR-1655, and USR-1656 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards along with the Planning Commission's recommendation of approval, seconded by
Tom Holton.
The Chair continued with the Hearing Items and read the following case into record.
CASE NUMBER: AmUSR-1501
APPLICANT: Anderson Properties, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a Use
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by Right or Accessory Use in the Industrial District(railroad car loading area for
recyclable materials from Anderson's Salvage yard)in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part E2 of Section 29,T6N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: '/2 mile North of O Street, east of CR 39.5 and west of CR 41
Chris Gathman, Department of Planning Services, introduced Case AmUSR-1501. He stated that the
applicants are proposing to amend existing USR-1501 to add an additional rail spur that would allow them to
expand the number of rail cars off-loading at the site from 9 to 18. Additionally,they are proposing two track
hoes and one trail tug that would be on site as well.
The boundaries of the USR will not be expanding through this permit.
The applicants have a vault toilet facility that is located on the site.
The applicant is requesting bottled water and under the original USR there was a Development Standard
which stated that the applicants would be served by North Weld County Water District. In the staff
recommendation, under Condition of Approval 1.E, it indicates that the applicant shall provide evidence of an
approved permanent water source. Also, under Development Standard 15, it indicates that North Weld
County Water District is able and intends to provide water service to this site.
Mr. Gathman stated that there are no additional changes to the site. He summarized that the applicants will
be doubling the amount of railroad cars that can be located on site and adding a railroad spur.
Commissioner Lawley asked if there will be any new employees included with this change. Mr.Gathman said
that the applicants are requesting up to 5 employees. He added that they may be adding one additional
employee from the original USR.
Commissioner Lawley asked if they are on bottled water now. Mr.Gathman stated that the applicants are on
bottled water now.
Commissioner Holton asked about the dirt piles in one of the pictures that was in the presentation. Mr.
Gathman replied that those piles were on a separate piece of property and not on-site.
Shawn Phipps, Lamp, Rynearson & Associates, 808 8th St. Mr. Fibs is representing the applicant, Dean
Anderson who is the owner and operator of this facility.
Mr.Anderson commented that they load rail cars generally twice a week. Currently they send one man up and
he loads and he has his fuel truck with him and brings a bottle of water along with him. He commented that
they have no buildings to bring the water into so it is a gross overkill to have a running tap water on-site.
Bottled water has been working very well since they have been operating there. He requested that they be
able to continue with bottled water.
Mr. Phipps indicated that the Health Department could support this type of use if it was a more restricted time
period during the year. He indicated that at the most there is only 2 employees on site at a time. Typically
they may only be there once or twice a week and in their view it is viewed more as a seasonal use. A
seasonal use could be covered by bottled water but because it is not restricted to 3 or 6 months out of the
year,the Health Department could not say this clearly falls within seasonal use. Therefore they are asking the
Planning Commission for their allowance of bottled water in this case.
Commissioner Ochsner asked if this application adds additional employees. Mr. Anderson said that there
would be one additional employee to provide safety and ease of operation. He added that there would be two
people on site, twice a week with normal operations.
Commissioner Branham asked how much time it takes to unload and load the cars. Mr.Anderson replied that
loading out a rail car would be approximately 45-60 minutes.
Lauren Light, Department of Health,commented that the applicant has submitted a dust abatement plan and
they also indicated that there is no waste generated on site. They did permit their vault system, which was
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allowed in the previous USR. Ms. Light stated he only outstanding item is the use of bottled water. Ms. Light
stated that the Health Department has consistently allowed bottled water for temporary use for 6 months or
less or for any kind of a seasonal use. With the original USR there was a development standard that was
approved that said water would be provided by North Weld Water District. She added that this development
standard was carried through along with this amended USR application. However with the use of a vault,you
don't need the water.
Ms. Light commented that the Planning Commissioners could delete Conditionals of Approval 1.B, 1.C, and
1.D as the applicant has met all of those requirements. She pointed out that Development of Standards 8-17
address Environmental Health items.
Commissioner Ochsner asked if there was anything that needed to be changed if the Planning Commission
does want to allow bottled water. Ms. Light replied that Development Standard 15 would need to be changed,
as well as Condition of Approval 1.E.
Tom Holton moved to delete Condition of Approval 1.6, 1.C, and 1.D, seconded by Mark Lawley. Motion
carried unanimously.
The Chair asked if Public Works had any comments. Don Carroll, Department of Public Works, stated that
they do have a haul route set up for the product and it has been working well with no complaints. He added
that the road is paved all the way to the site so there is no dust issues. He commented that there is a
stormwater filter system and that the Public Works Department is very comfortable with that. Mr. Carroll
indicated that off street parking allows them enough room to maneuver. He added that Public Works has no
concerns with this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Holton commented that given the amount of people that will be on site, as well as they will not
be able to hook it up to the septic system anyway, he doesn't have a problem with the applicants using bottled
water. Commissioner Hall agreed and suggested if in the future there is increased employment or expansion
that they be required to install a water tap then. Commissioner Ochsner stated that if this operation increases
substantially then they would need to apply for another amended USR and then at that time we would address
the water issue.
Commissioner Holton asked what the substantial amount would be with regard to employees. Mr. Gathman
stated that there is not a definite number, however if they would double their employees then that may be a
substantial change. He added that the number of rail cars on site is 18 so if they would go above that they
would need to come back and amend it.
Tom Holton moved to delete Condition of Approval 1.E as well as Development Standard 15, seconded by
Robert Grand. 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.
Mark Lawley moved that Case AmUSR-1501, 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 Paul Branham.
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, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
The Chair asked the public if they wished to make any comments. No one wished to speak.
The Chair asked if there was any new business to discuss. Brad Mueller, Department of Planning Services,
commented that Kerr McGee has offered a drill rig tour on August 28th at 8:00 a.m. The meeting place will be
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in Frederick and staff will let the Planning Commission members know the details in the coming days. He
added that we would like to get responses by Friday. Mr. Mueller stated that there are no pending cases for
this and they will not be showing a site specific to a use by special review. It is more of an educational tour to
help us understand the process.
Mr. Mueller wanted to discuss the time outlined for the Comp Plan. They have been working for some
time in updating the Comp Plan which Tom and Bill have been involved in. The committee has looked at it
in great detail. We have a goal of getting this getting this done by the end of the year out of respect for the
Board of County Commissioners who are leaving. In order to do that we need to follow a rigorous
schedule, therefore Brad handed out a few options to discuss. He stated that we will need approximately
3 work sessions lasting about 3 hours to go through the document and also a minimum of two hearings
lasting approximately 5 hours. He stated that it is very difficult to estimate how much input we will get from
the public as well as questions from you as a Board.
Mr. Mueller indicated that staff is recommending Option 3. He added that right now we are on the cusp of
being able to send out a draft of the Comp Plan for referral. Recognizing that it is a large document we
want to give the referral agencies at least a month to review it. If they are returned by the middle of
September staff will need a few weeks to react to those comments, package them, and potentially go
back to the TAC for some followup discussion.
He stated that there are some variations that they can consider to the options. He commented that if they
are willing to add extra work sessions or hearings it doesn't necessarily have to be on the regularly
scheduled hearing days.
Mr. Mueller pointed out that staff has tried to reserve a couple of Planning Commission hearings devoted
to the Comp Plan. There are a couple of meeting dates that have relatively short hearings and the
Planning Commission can review the Comp Plan prior to and after the hearings for additional time
needed. Mr. Mueller asked if they would be willing to start the hearings earlier in the day, perhaps 10:30
a.m.
Mr. Mueller asked for the Commissioners thoughts. There was some discussion on the regularly
scheduled dates of the Planning Commission and adding a special work session and hearing on
September 23, and September 30.
Commissioner Lawley commented that he would like the hearings to coincide with the regularly scheduled
hearing days and start earlier. Commissioner Grand agreed.
Commissioner Holton asked if the hearings will be at both locations. Mr. Mueller replied that they are
trying to schedule that, however with elections running at the same time it makes it difficult.
Commissioner Holton asked what the intention is for these hearings. Mr. Mueller stated that he intends to
do the hard work at the work sessions. He added that at the hearing staff will give a general presentation
and overview of what this Comp Plan is and open it up for public comment. He commented that at this
point he doesn't have a good feel for the amount of time needed for public input.
Commissioner Branham expressed that he would rather start at 1:00 p.m. and then go five hours or
however long it would take depending on public input.
After some discussion, Commissioner Ocshner suggested following Option 3 and start the work sessions
and hearings at 12:00 p.m. The Planning Commission members agreed.
Meeting adjourned at 2:41 p.m.
Respectfully submitted,
^ .
Kristine Ranslem
Secretary
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