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Home My WebLink About20070925.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 2, 2007 TAPE #2007-08 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, April 2, 2007, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners meeting of March 28, 2007, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on March 28, 2007, as follows: 1)USR#1561 -Strear Farms Company,do Duke Energy Field Services, Inc.;2) USR#1565-TARH E and P Holdings, L.P., do William G. Crews, CPL; and 3) PF#1114 - Pyrenees Properties, LLC, c/o Todd Hodges Design, LLC. Commissioner Rademacher seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2007-0925 BC0016 o`(-05-o WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $412,587.43 Electronic Transfers - All Funds $1,351,163.57 Commissioner Rademacher moved to approve the warrants as presented by Mr.Warden. Commissioner Garcia seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPOINTMENTS TO THE JUVENILE COMMUNITY REVIEW BOARD:Commissioner Garcia moved to appoint Michael Rourke to the Juvenile Community Review Board as the law enforcement representative replacing Susan Knox, and Rick Wetmore to the Juvenile Community Review Board as the alternative law enforcement representative to replace Brandon Luna, with terms to expire November 1, 2009. Seconded by Commissioner Jerke, the motion carried unanimously. PLANNING: CONSIDER REQUEST TO MODIFY DEVELOPMENT STANDARDS#17AND#18OF THIRD AMENDED USE BY SPECIAL REVIEW PERMIT#894 - KAUFFMAN LAND AND DEVELOPMENT, LLC: Michelle Martin,Department of Planning Services,stated a Site Specific Development Plan and Third Amended Use by Special Review Permit#894 was approved on December20,2006 for Mineral Resource Development Facilities,including an oil and gas support and service facility,a contractor's shop for vehicle maintenance, and a helicopter pad. She stated the applicant has submitted a request to amend Development Standards #17 and #18. She explained Development Standard #17 currently states " A maximum of five (5) helicopter landings and take-offs, per day, is allowed during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of emergency situations, including life and safety", and the proposed language will state "A maximum of five (5) helicopter landings and take-offs, per day, is allowed during daylight hours, Monday through Saturday, with the exception of emergency situations, including life and safety." She further stated Development Standard #18 currently reads "The hours of operation for all activities on the site will be daylight hours, Monday through Saturday, with the exception of emergency situations, including life and safety" and the proposed language will state "The hours of operation for all other activities on the site will be daylight hours,with the exception of emergency situations, including life and safety." Ms. Martin stated the site is located north of and adjacent to Weld County Road 22 and west of and adjacent to Weld County Road 19, it is within the Town of Firestone's Intergovernmental Agreement area, and is surrounded on the west and north by a proposed subdivision. She stated the Department recommends denial of the proposed modifications due to the proximity of the residential development, compatibility with surrounding land uses, and concerns from the Town of Firestone. In response to Commissioner Jerke, Ms. Martin stated the surrounding property owners were notified. In response to Commissioner Rademacher,Ms.Martin stated the helicopter pad is surrounded by a proposed subdivision for 19 residential lots. Further responding to Commissioner Rademacher, Ms. Martin stated the purpose of the helicopter is to provide support for an oil and gas facility. Todd Hodges, Todd Hodges Design, LLC, stated the uses of the helicopter are to transport personnel quickly from one site to another, and to detect pipeline leaks via a sensor. He stated the helicopter is an important feature in the operations of Kauffman Land and Development, LLC. He explained there were two prior amendments to Use by Special Review Permit#894, and this amendment is specifically related to the helicopter pad. He stated the applicant misunderstood and believed the request for Development Standards #17 and #18 to be modified to state daylight hours rather than specific times was approved when it was heard in a prior meeting; however, there was not a motion made to approve the modification. He further stated the proposed Development Standard #18 is more restrictive than the original Use by Special Review Permit Minutes, April 2, 2007 2007-0925 Page 2 BC0016 since it excludes Sunday. In response to Chair Long, Ms. Martin stated the Town of Firestone provided a letter which states"the Town requests that the County approval include limitations on the proposed use of the helicopter pad consistent with the uses as described in the May 5, 2006 application packet, five landings per day, further flight activity should be limited to specific daylight hours, and approval should not be granted absent a clearly demonstrated need for the facility at the location. The County should also consider placing a time limit on this aspect of the proposed use." In response to Commissioner Garcia, Mr. Hodges stated the applicant believed the daylight portion of the modifications had been previously approved; however the part of the modifications that specifies Monday through Saturday is being heard today for the first time, and previously stated Monday through Friday. In response to Commissioner Rademacher, Mr. Hodges explained the applicant is proposing excluding Sunday from the hours of operation. Further responding to Commissioner Rademacher, Mr. Hodges stated there are 82 full time employees at the company; however,there will only be three or four employees working on the weekends. There was no public input. Commissioner Jerke stated there was previously opposition to the modifications; however,those individuals have been notified,are not present, and have not submitted any protests in writing, and the changes proposed appear to be modest; therefore, he moved to approve said modifications to Development Standards#17 and#18. Commissioner Rademacher seconded the motion. Commissioner Garcia stated there is no change in circumstances nor evidence compelling him to grant the proposed modifications. There being no further discussion the motion passed three to one, with Commissioner Garcia in opposition. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #1490 - ROGER AND ALICE MONROE : Roger Caruso, Department of Planning Services, stated this is a request for the vacation of Use by Special Review Permit#1490, which was for a veterinary hospital. There was no public input. Commissioner Rademacher moved to approve said vacation. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1134 - SHIRLEY OLIN: Mr. Caruso stated Use by Special Review Permit#1134 was for a 130-foot monopole radio communication tower and equipment structure, and the applicant has submitted documentation requesting a vacation. There was no public input. Commissioner Jerke moved to approve said vacation. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER VACATION OF CONDITIONAL USE PERMIT#34-TIM AND SHEILA ROSSOW: Mr. Caruso stated Use by Special Review Permit #34 was for selling, breeding, and boarding of horses, and the applicant has submitted documentation requesting a vacation. There was no public input. Commissioner Garcia moved to approve said vacation. Commissioner Rademacher seconded the motion,which carried unanimously. CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1358- HAL TARWOOD: Mr. Caruso stated Use by Special Review Permit #1358 was for a 195-foot communication tower; however, the applicant is no longer conducting business to staff's knowledge. Commissioner Jerke moved to approve said vacation. There was no public input. Seconded by Commissioner Rademacher, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, April 2, 2007 2007-0925 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. BOARDn0F COUNTY COMMISSIONERS WELDUNTY COLORADO J ATTEST: 1 I�� E° � �1 (c >1 f. David E. Long, Chair Weld County Clerk to t e B•kd ot, Sol I -ti / I` William H..�Jer`kee, Pro-Tem BY: • /l/ Deputy Cl rk to the Board \ ��Will m F. Garcia EXCUSED Robert D. Masden Dou las ademac r Minutes, April 2, 2007 2007-0925 Page 4 BC0016 Hello