HomeMy WebLinkAbout20073731.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 4, 2007
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
Paul Branham
Erich Ehrlich
Bill Hall
Robert Grand
Mark Lawley
Roy Spitzer
Also Present: Hannah Hippely, Roger Caruso,Chris Gathman, Kim Ogle, Department of Planning Services;
Dave Snyder and Don Carroll, Department of Public Works;Char Davis, Department of Health;Bruce Barker,
County Attorney, and Kris Ranslem, Secretary.
Bill Hall moved to approve the November 20,2007 Weld County Planning Commission minutes,seconded by
Mark Lawley. Motion carried.
The Chair announced that the following two agenda items are on the Consent Agenda. He added that these
are items that have been reviewed by the Planning Commission members and staff and unless two members
of the Planning Commission feels that we need to hear these items,we will accept these and forward them to
the Board of County Commissioners.
The Chair read the case into record.
CASE NUMBER: USR-1631
APPLICANT: Hungenberg Investments LLC and D&B Hungenberg Investments LLC
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B Corrected RE-3564; being part of the N2 SE4 Section 29,T6N, R65W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility(five oil and gas wells,five separators and meter houses,five
production tanks, and 2 water tanks)in the R-1 (Low-Density Residential)Zone
District.
LOCATION: East of and adjacent to CR 39.5 and approximately 1/2 mile north of CR 64.
The Chair asked Hannah Hippely, Department of Planning Services, if they wish for this case to remain on
Consent. Ms. Hippely replied yes, they would like it to remain on Consent.
The Chair asked if the applicant was here and if they wish for this case to remain on Consent. The applicant
responded yes.
The Chair then asked if there was anyone from the audience who would like to comment on this case
remaining on the Consent Agenda.
John Revard, 31099 CR 41, stated that he is a neighboring property owner. Mr. Revard commented that his
concern is that this property is a Residential Low-Density property and the people that have bought properties
along there for residential purposes are now going to be impacted by the development of oil and gas on that
particular property. He added that there isn't anything the property owners can do to stop somebody
developing their mineral rights, but they have gone in beforehand and drilled the wells and now they are
coming back with a USR for additional site work that will be there. He expressed that since they can't stop
them,they would like to request that they work within reasonable hours and not during the night when they are
trying to sleep.
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The Chair clarified with Mr. Revard if his request is that Case Number USR-1631 be heard. Mr. Revard
replied that he would like to hear the case.
The Chair asked if there were any members of the Planning Commission who wish to have this case be
heard. Commissioner Spitzer indicated that he would like to hear the case.
Commissioner Hall stated that it was his understanding that the drilling has already taken place and asked to
clarify if all they are talking about is building the tank battery at this time. Ms. Hippely replied that at this time
the entire facility is constructed.
Commission Holton asked if they are going to be doing any more construction. Ms. Hippely commented that it
is her understanding that the construction is done.
Patrick Groom, 822 7 St., Ste 760, stated that he is the attorney representing the applicant. He added that
with him is Dan Schwartz who is the President of Matrix Energy and who is doing the operating of the oil and
gas production on that site. Mr. Groom commented that all the facilities are constructed and the purpose of
the application is to bring the facility into compliance with Weld County Code and get the use permitted as a
USR right. He added that there will be no additional construction planned at this time, however it's not to say
in the future that there may be additional wells drilled but that would be an issue addressed with the Weld
County Department of Planning Services.
Commissioner Hall asked that if they are to drill an oil well that they are required to come before the
Department of Planning. Ms. Hippely replied that in the Agricultural Zone District, which the majority of the
County is zoned, Oil and Gas facilities are a Use by Right. Since this piece of property happens to be zoned
R-1, it requires a Use by Special Review Permit. She added that in this particular area of the County there are
quite a few land owners who thought their property was zoned Agriculture when it actually isn't. Therefore we
have had a number of these Use by Special Reviews come in to address Oil and Gas facilities that exist but
aren't permitted.
Commissioner Hall asked if on the specific sites where you have new drilling, do you know if those are Ag
zoned areas or are those Residential zoned areas. Mr.Groom replied that all this area is zoned the same and
right now it is zone Residential.
Commissioner Ochsner asked when these wells were drilled. Dan Schwartz, President of Matrix Energy,
replied that these wells were drilled this past summer. Mr. Schwartz added that when they found out that it
was zoned R-1 they shut the wells down and didn't do any further work.
Commissioner Lawley commented that if there is going to be no more construction,then the question is if that
addresses Mr. Revard's concern. The Chair asked Mr. Revard that after hearing what has been discussed if
he still wishes to hear the case. Mr. Revard replied no, but asked if he was allowed to comment on what the
applicant has stated. The Chair stated that he is not, however he can make his comments to the applicant
personally and also to Ms. Hippely. He also reminded him that the Planning Commission sends their
recommendation to the Board of County Commissioners and he will have another opportunity to make his
comments there.
The Chair asked if there was anyone else who wished to hear the case. No one wished to speak;therefore it
will remain on Consent.
The Chair read the next case number 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 Y mile South of State Highway 392.
The Chair asked Ms. Hippely if they wish to have this case remain on Consent. Ms. Hippely stated that at
this time they would like to pull this case from the Consent Agenda and request that it be continued to the
January 8, 2008 meeting.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1606 be continued to the January 8,.2008 Planning Commission
meeting, seconded by Erich Ehrlich. Motion carried unanimously.
Paul Branham moved that Case USR-1631, 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, Roy Spitzer seconded the motion. Motion carried unanimously.
The Chair read the following 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 IA mile west of CR 35.
Chris Gathman, Department of Planning Services, stated that he received correspondence from the
representative for the applicant. He added that he is unable to attend the hearing today and they request that
this case be continued until January 8, 2008.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Roy Spitzer moved that Case USR-1628 be continued until January 8, 2008, seconded by Tom Holton.
Motion carried unanimously.
The Chair moved to Case Number USR-1633 and read it into record.
CASE NUMBER: USR-1633
APPLICANT: Spicer Ranches, LTD
PLANNER: Roger Caruso
LEGAL DESCRIPTION: SW4 of Section 27,T7N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for Roping Arenas,to
include both indoor and outdoor arenas, commercial, in the(A)Agricultural Zone
District.
LOCATION: North of and adjacent to CR 76 and East of and adjacent to CR 43.
Roger Caruso, Department of Planning Services, stated that Linda Hulse, who is the representative for
Spicer Ranches, LTD is requesting a continuance to the April 1, 2008 Planning Commission meeting to
resolve the Department of Public Works and Department of Health concerns. Mr. Caruso commented
that staff recommends the continuance be granted until the April 1, 2008 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Roy Spitzer moved that Case USR-1633 be continued until April 1,2008,seconded by Robert Grand. Motion
carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1632 •
APPLICANT: Verizon Wireless
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Part of the NE4 '1E4 of Section 29,T5N, R64W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Major Facility
of a Public Utility(telecommunications facility including a 100 foot windmill, panel
antennas and an equipment shelter)in the A(Agricultural)Zone District.
LOCATION: Approximately 1 mile north of CR 52 and west of and adjacent to CR 53.
Hannah Hippely, Department of Planning Services, stated that USR-1632 is an application made by
Verizon Wireless for a Site Specific Development Plan and Special Review Permit for a Major Facility of a
Public Utility(telecommunications facility including a 110 foot tower and windmill, panel antennas and an
equipment shelter) in the A(Agricultural)Zone District
The site is located south of Kersey, Approximately 1 mile north of County Road 52 and west of and
adjacent to County Road 53.
The property to the north is located within the Town of Kersey, to the northeast the zoning is PUD Estate,
the remaining surrounding property is zoned agricultural. Numerous Use by Special Review permits exist
in the area.
The sign announcing this Planning Commission meeting was posted by staff on November 21, 2007.
Ten referral agencies reviewed this proposal. Six responded and either stated that they did not have a
conflict with the use or expressed concerns that have been addressed through the Conditions of Approval
and Development Standards.
Ms. Hippely stated that Planning Staff is recommending the approval of this application. She added that
because this is a Major Facility of a Public Utility the Planning Commission, in this case, is the last
approving body.
Commission Spitzer asked to see the picture looking northeast to Kersey again. Ms. Hippely showed the
picture from the presentation. Commissioner Ochsner asked if there were any pictures of what the tower
would look like. Ms. Hippely showed the board the pictures from the presentation.
Ms. Hippely commented that the applicant originally proposed a self-supporting lattice tower with a
windmill. She added that Planning Staff is requesting that they change this to be a monopole structure
because they feel that the visual impact will be actually less with the monopole than with the attempt to
disguise this as a windmill.
Commissioner Branham asked what the monopole would look like. Ms. Hippely said that she is not sure
what the specific design is and the applicant can address that a little better. She added that she did do a
little research on some other types of towers and passed the pictures around to the Planning
Commissioners.
Commissioner Spitzer asked if the windmill is only for decoration. Ms. Hippely replied that was correct.
Ann Closser, 4305 Darley Av, Boulder, commented that with her is Kelly Harrision who has done a lot of
field work on this project and also David Bourne who is the Senior Radio Frequency Engineer for this
project and he has also designed this particular installation. Ms. Closser commented that she has a photo
rendering of what the windmill design would look like and also a drawing which illustrates the monopole
and p^ssed those out to the Planning Commissioners to compare.
Ms. Closser stated that as you can see they have illustrated the lattice design with the windmill at the top.
She added that they have shown on the drawing, in hatch marks, future antennas. However they are not
future antennas for Verizon Wireless, but rather a potential co-locater if somebody were to come down the
pike and say we need an installation in this geographic area. Ms. Closser expressed that they feel this
windmill design is more appropriate given the Agricultural setting.
Commissioner Holton asked if their preference is for the windmill design. Ms. Closser replied that it is
their preference; however it is not to say that they wouldn't go with the monopole design. Commissioner
Holton asked if it is because of the visual aspects of it and further asked if it costs more for this design.
Ms. Closser responded that it is more expensive to install, but they think from an aesthetic standpoint it is
more compatible with the surrounding area.
Commissioner Ochsner asked if this design has been used anywhere else. Ms. Closser said that it has
been used by other carriers. She referred to Mr. Bourne to better answer that question. David Bourne,
RF Engineer for Verizon Wireless, 17235 Opal Hill Dr, Parker, CO, commented that he couldn't think of
any case with regard to his sites where they have built the windmill design. However there is one where
they co-located on an existing windmill and that is around 1-25 and Highway 7. Mr. Bourne added that
there are a number of these around the area. Commissioner Ochsner asked if he feels these fit into the
scenery. Mr. Bourne indicated that it is subjective and depends on the height of it and where they are
located. He added that he doesn't really have an opinion that every cell site that looks like a windmill is a
good idea.
Commissioner Hall asked if the monopole would give them the same opportunities. Mr. Bourne replied
that it would and from an engineering standpoint, as far as which one performs better, they are going to
perform exactly the same
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 Branham referred to Page 4,Condition 2 with regard to"increasing the size of the windmill so
that it is in proper scale to the tower." Mr. Branham asked what they mean by"in proper scale". Ms. Hippley
said that Staffs issue with this windmill design is that they don't think it will look anything like a windmill. She
added that if you imagine a 100'tower with a ten foot circle on top of it,they believe that the windmill portion of
it is out of proportion with the rest of the tower to actually appear to be a windmill. Ms. Hippely commented
that the antenna will be wider in diameter than the actual windmill on top.
The Chair asked if the Department of Public Health had any comments. Char Davis, Department of Public
Health, said that she didn't have anything to add to this.
The Chair asked if the Department of Public Works had any comments. Dave Snyder, Department of Public
Works, commented that they don't have any issues with this case.
Bill Hall moved to accept Staffs recommendation on a monopole, seconded by Erich Ehrlich.
Commissioner Spitzer said that he likes the recognition of the history of the area and realizes that it is hard to
make a 100'tower look like an operating windmill. He added that he appreciates the applicant's design to be
compatible with the area, and doesn't have any strong feelings about it one way or the other.
Commissioner Branham commented that this is an issue that everyone will look at this tower for a few days
and then they will drive by it and will never see it. He added that he is not sure if this will make any difference
if it is a windmill or anything else. He expressed that if Verizon Wireless is willing to spend the extra money to
make it look nice and fit in with the community, he thinks that it would be okay to have the windmill.
Commissioner Lawley commented that he likes the windmill concept, but it does look a little out of proportion
with regard to the windmill and the rest of the tower.
The Chair asked the applicants if they read through the Development Standards and Conditions of Approval
and if they are agreement with those. The applicants replied that they are in agreement, however she
commented that they favor the windmill design.
Commissioner Ochsner said that he loves the idea of trying to disguise the pole and being a little creative. He
added that he is not sure if a 100'windmill will look out of place for him or not because he can't visualize that.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, no; Erich Ehrlich, yes; Robert Grand, no; Bill Hall, yes; Mark Lawley, no; Roy Spitzer, no; Tom
Holton, no; Doug Ochsner, no. Motion failed.
Paul Branham moved to delete Condition 2 on page 4 which would make it permissible to have the windmill
atop the tower, seconded by Tom Holton. Erich Ehrlich voted no.
The Chair asked the applicants if they agree to the amended Development Standards and Conditions of
Approval and if they are agreement with those. The applicants replied that they are in agreement.
Roy Spitzer moved to approve Case USR-1632, seconded by Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. 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 2:13 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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