HomeMy WebLinkAbout20061833.tiff •
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 20, 2006
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 Vice Chair,Chad
Auer, at 1:30 p.m.
ROLL CALL
Chad Auer
Paul Branham Absent
Erich Ehrlich Absent
Tom Holton
Michael Miller
Doug Ochsner
Roy Spitzer
James Welch
Bruce Fitzgerald Absent
Also Present: Jacqueline Hatch, Michelle Martin, Jess Hein, Char Davis, Peter Schei
The summary of the last regular meeting of the Weld County Planning Commission held on June 6,2006,was
approved as read.
The following cases will be continued:
CASE NUMBER: PZ-1079
APPLICANT: Schrage Living Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-4042 being Part of E2 NE4 Section 6,T4N, R68W of the
6th P.M., Weld County, CO.
REQUEST: Change of Zone from A(Agricultural)to Planned Unit Development
with Estate uses for five(5)residential lots and 7.7 acres of common
open space(Schrage PUD).
LOCATION: South of and adjacent to State Hwy 60 and west of CR 3.
Michelle Martin read a letter requesting a continuance indefinitely until issues with Chapman Reservoir can be resolved.
Doug Ochsner moved to continue.Tom Holton seconded. Motion carried.
The following items will be heard:
CASE NUMBER: USR-1557
APPLICANT: Kerr-McGee Rocky Mountain LLC c/o Matt Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 5 Block 1, Rademacher Business Park, being part of the
NW4 of Section 23, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review
Permit for an Oil and Gas Production Facility in a PUD with C-3
and I-1 (Commercial and Industrial)Zone Districts.
LOCATION: Approximately 0.5 mile east of 1-25 and south of and adjacent to
CR 32.
Jacqueline Hatch, Department of Planning Services presented Case USR-1557, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Kerr-McGee Rocky Mountain Corporation c/o Matt Miller has applied for a Site Specific Development Plan and
a Special Review Permit for Oil and Gas Production Facility (five (5) oil and/or gas wells and associated
production facilities) in a PUD with C-3 and I-1 (Commercial and Industrial) Zone Districts. The sign
/� announcing the Planning Commission hearing was posted June 6,2006 by Planning Staff. The site is located
O YLC114 ' Qom, 7-/o a c:)7oD6— /833
approximately%mile east of 1-25 and south of and adjacent to CR 32 within the Rademacher Business Park
which is zoned C-3 and I-1. The area consists of approximately 5 acres(approximately 3 acres to be included
in USR boundary). Surrounding properties are agricultural in nature to the north and east, and Rademacher
Business Park is located to the south and west of the site followed by 1-25 to the west. 10 referral agencies
reviewed this case, 8 responded favorably or included conditions that have been addressed through
Development Standards and Conditions of Approval. No comments have been received from the State of
Colorado Division of Wildlife and the Oil and Gas Commission. The site lies within the three mile referral area
for the Towns of Firestone and Mead and the City of Longmont.The Town of Mead indicated in their referral
dated April 27,2006 that the Town Board wants the County to require the applicant to petition to the Town for
annexation.The City of Longmont indicated no conflicts with their interests. No response was received from
the Town of Firestone. One letter was received from a surrounding property owner and it has been provided
today. The surrounding property owner concerns include that the oil and gas industry is expanding so quickly
in Colorado with little oversight by our state government and little desire by the industry to mitigate the negative
impact of their activities. They believe that the proposed use degrades the viability and desirability of the
Business Park and strains community infrastructure and services. The surrounding property owner has
outlined 5 concerns they are as follows.
1. How will off-site impacts be mitigated?Roadways,groundwater quality,air quality,noise,.Requesting
evidence that the applicant is in compliance with the state air quality regulations
2. Does the county have adequate emergency services to address potential hazards? Fire protection?
3. How will trucks access the site? Road maintenance and construction, safety of other drivers within
the business park
4. Will the county grant a USR when the uses are prohibited in the covenants for the Rademacher
Business Park.
5. Oil and Gas are a more intensive use then what is permitted within the business park. How is the
applicant addressing the standards and criteria outlined in the USR regulations?
The Department of Planning Services is requesting as handed out today that the following condition be added
prior to scheduling the Board of County Commissioners.
The applicant shall provide the Department of Planning Services with written evidence of approval from the
home owners associations.
The Weld County Department of Planning Services is recommending approval of USR-1557
Michael Miller asked about the process and if the Business Park was created with a USR and if the mineral
issues were addressed at that time. Ms. Hatch indicated that Rademacher Business Park is a PUD and she
was unable to find any recorded covenants addressing this. The PUD final was recorded in 1985 and there
were no drill envelopes delineated on the plat.
The chair opened the public portion
Bruce Miller, neighbor,asked if the drilling rig that is presently on site is what is being talked about. Ms.Hatch
stated that the drilling rig is presently on the site. The applicant requested for early release of building permit
with the understanding it was at their own risk. Mr. Miller asked what they are asking to do and what will be
seen in six months. Ms. Hatch stated there will be five units. The applicant can address this further.
Chair inadvertently closed the public portion so the applicant can address the Planning Commission.
Matt Miller, representative for Kerr McGee, provided clarification on the proposal. There will be five wells
in the northeast quarter of the section. The wells will all be directional drilled from the one pad site. This
area will take up a 3 acre parcel in Lot five. The request for an early release of a building permit was due
to the availability of a rig. This was granted by the Weld County Department of Planning Services. There
will be two tank batteries and one water tank. There will be five separators areas on site. The existing
gas pipeline will carry the gas out of the park to the north. Kerr McGee does have an existing oil and gas
lease with the surplus owner. There is a vested mineral interest in the property.
Tom Holton asked about the flow line. Mr. Miller stated the flow line will come to the tanks due north.
There is an existing pipeline that they will tie into. Mr. Holton asked for clarification on the access into the
property. Mr. Miller stated they will access from CR 32 south into the facility. There will be no access
from the subdivision.
Michael Miller asked for clarification with regards to the equipment on site once finished. There will be five
well heads, five treaters, two oil tanks and one water tank. Mr. Miller stated there will never be five drilling
rigs on site. One will be drilled then moved to the other site to continue drilling. This entire process will be
completed within 90 days or sooner. The only impact will be the daily pumper that will be onsite for
approximately 10-30 minutes.
Tom Holton asked if there was anything from the owners association. Mr. Miller stated he was not aware
of anything that was needed from them prior to today.
Terry Enright, representative from Kerr McGee, provided additional information. The applicant has arrived
at a quality settlement that allows them to extract the minerals that they have a right to do and minimize
the impact to the surrounding neighbors. Once the rigs and completion rigs are gone they will be a very
quiet neighbor. Everything is self contained on site.
Michael Miller asked if there was any concern in the addition of five wells into the existing gas line. Mr.
Enright added there is no concern or any need for a compressor. The pressure is sufficient to go into the
existing line.
Tom Holton asked if there was a signed surface use agreement. Mr. Enright indicated there was one in
place.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bruce Miller,neighbor,asked for clarification on the wells. His concern is there will be a drilled line and a hole
under his property. Mr. Enright added from the audience that the hole will be approximately 8 inches in
diameter and will be 8000 feet deep
Chair closed the public portion
Tom Holton asked what kind of wells doing. Mr. Miller stated that four of the wells will be drilled to both the
kodel niabara and jay san formation. One will be a kodel niabara well.
Doug Ochsner asked about the owners association and who that was. Ms. Hatch stated that in the letter from
the surrounding property owner there are covenants that restrict Oil & Gas operations within Rademacher
Business Park. Staff was unable to locate a recorded copy of those covenants. If there are covenants then
something in writing will need to be submitted by the applicant The language can be modified to delete the
"approval" and replace with written evidence must be provided. The County does not enforce covenants.
Michael Miller asked if the site was in the business park and does the County have jurisdiction over
covenants? Ms. Hatch stated the site is in the business park and the County does not enforce covenants. Mr.
Miller stated that if there is an issue with the covenants it would be civil issue and the County has no interest.
Planning Commission is not in a position to require the applicant to get approval from them.
Cyndy Giauque added that there are agreements between Ken Williamson and the business park. Ms. Hatch
stated there is a surface use agreement. Mr. Miller added it does not seem as though the Planning
Commission has the authority to force them to get an approval agreement from the association. They have an
agreement with the land owner. Ms. Hatch stated it was more of a courtesy to the association. Ms. Giauque
stated it would be nice to do in courtesy situations. The surface owners have reached and agreement
therefore they can address the questions.
Tom Holton asked if there was a condition from Department of Public Works to restrict access to CR 32 only.
Mr. Schei stated it was addressed in 1.C. The USR plat showing the USR access from CR 32.
Matt Miller asked for clarification on Section 23-2-250 operation standards. Ms. Hatch gave a brief summary
of the section. The section refers to compliance with the noise standards,air quality regulations,water quality
regulations, lighting standards, shall not omit heat and the weeds and grasses will not be taller than twelve
inches. Mr. Miller agrees with the Conditions of Approval and Development Standards.
Michael Miller moved that Case USR-1557, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad
Auer, yes; Tom Holton, yes; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes.
Motion carried unanimously
CASE NUMBER: USR-1556
APPLICANT: Leland &Julie Ridnour
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NE4 NE4 of Section 2, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (Mechanic Shop) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 24.75 and approximately 0.5 mile
east of CR 9.75.
Kim Ogle, Department of Planning Services presented Case USR-1556, reading the recommendation and
comments into the record. This application is USR-1556, A Site Specific Development Plan and Special
Review Permit for a Use allowed by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone district, for a mechanics shop in the A(Agricultural)Zone District. The
applicants are Leland &Julie Ridnour. This site is located north of and adjacent to County Road 24.75
and approximately 0.5 mile east of County Road 9.75. The site lies within the three mile referral area for
the Towns of Frederick, Firestone, Mead and the City of Longmont. The City of Longmont in their referral
dated March 29, 2006 and the Town of Mead in their referral dated March 28, 2006 indicated no conflicts
with their interests, and the Towns of Frederick and Firestone did not return a referral. Surrounding land
uses are predominately agricultural properties with rural residences associated with the agricultural
operations. The Town of Firestone has annexed lands to the south where Hall Irwin currently operates a
batch plant. There are 10 property owners within 500 feet of this proposal. Primary access is from
County Road 24.75 a local gravel road into the subject property. 15 referral agencies have reviewed this
case and 11 offered comments, some with specific conditions. There have been no letters or telephone
calls received from a surrounding property owners, concerning this facility. The Planning Services has
determined that the proposed use is not consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect. Section 22-2-60.A.3 (Agricultural Policy 1.3.) states"Allow commercial
and industrial uses,which are directly related to, or dependent upon agriculture, to locate within the A
(Agricultural)Zone District when the impact to surrounding properties is minimal, and where adequate
services and infrastructure are currently available or reasonably obtainable. The proposal is for a
mechanic and fabrication shop utilizing high impact tools; with related fabrication of metals and cleaning,
and mechanical engine related noises. There is one residential property approximately 130 feet from the
shop area who has expressed concerns with the use of the property, specific to the extended hours of
operation as stated in their letter dated May 2, 2006. Given the situation of compatibility and the
requested hours of operation, The Weld County Department of Planning Services is recommending denial
of this application for A Site Specific Development Plan and Special Review Permit for a Use allowed by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district, for a
mechanics shop in the A(Agricultural)Zone District. This case is the result of a violation, VI-0500216 for
a commercial junkyard and auto repair activity. If their case is approved by the Board of County
Commissioners, and the applicant meets the conditions of approval this violation case will be closed.
Michael Miller indicated that item 2.A refers to high impact tools and the correct language would just be impact
tools.
Leland Ridnour, applicant, provided clarification on the application. He would like to amend the hours of
operation. Presently the majority of the operation is a landscape business and that is 90% of the work. Mr.
Ridnour would like to have four to five hours per night. There may be times on the weekend in which he works
the entire night but this is infrequent. The back shop floor has been concreted and the operation will be
moved to that shop. This will help mitigate the noise concerns from the neighbors. He tries to have the
noisiest work done early in the evening so as not to upset the neighbors. There are occasions in which it
cannot be avoided. The tarps that were shown in the photos have been removed and there is more clean up
that will be done. He is willing to work with the neighbors and be as accommodating as possible.
Michael Miller asked what kind of equipment will be worked on. Mr. Ridnour stated it was a landscape
business and he maintains the mowers and sharpens blades. Mr. Miller asked what hours would be best. Mr.
Ridnour stated he would like to be finished by midnight and he tries to get the noisiest things done early. The
operation will be moved to the back further and it is screened. There has been an occasional back hoe but
not very often. Mr. Ridnour added he has moved to the back so the noise from grinding the blade will be
minimal. The building is insulated and if there is too much noise he will move to the inside of the building. He
is willing to do what need to do.
Doug Ochsner asked if the back building was already there. Mr. Ridnour stated it was but it had a dirt floor
that needed to be concreted and insulated. Mr. Ochsner asked if he was moving the entire operation to the
back building. Mr. Ridnour added that the mechanic work will be done in the back building but the grinder and
welding equipment is still in the front building.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
JerryAtes,neighbor,indicated his concern and the fact there has been consistent noise until 10 pm or 11 pm
for the last 7 years. He does not believe he needs to be subjected to this. A letter has been submitted with his
recommendations.
Michael Miller asked if the current noise is beyond what a farming operation would produce. Mr.Ates stated
there is impact wrenches, welding and hammering throughout the entire night.
Tom Holton asked how much noise is from the gravel pits. Mr. Ates stated they shut down operations at
6:00pm and are not open on Sunday. They have also moved to the south at that location.
Jim Peters, neighbor, indicated he does not hear anything. Mr. Ridnour has been very courteous to the
neighbors and his operation is un-intrusive to the community. Mr. Peters believes in the small businessman
and this operation is not detrimental. It is up to the community to be flexible at this point.
Diane Ates, neighbor, added that the focus has been lost on the violation. There were junk cars that have
been moved to the back. There has been more junk brought in and the noise has increased. There has been
a fence but it is not sufficient. The applicant was supposed to clean the area up but this has not been done.
There is a gravel pit across street but they have compromised with them. They do not want to listen to the
noise. This needs to be run like a business with normal hours. Ms.Ates added that once there is a second
job then it becomes a hobby unless it is run like a business.
Marilyn Rubble, neighbor, indicated the noise has substantially decreased. There is not much in the way of
deflecting the noise from the applicant's property. The money the applicant was using for the fences would
have been used for the business and fixing the back building. Mr. Ridnour will do anything possible to
accommodate the neighbors all you have to do is talk with him.
Linda Jamison,neighbor, added that having Mr. Ridnour in the area is essential to their small farm. He is very
accommodating to the neighbors in the area with regards to mechanical assistance and repair at all hours.
Chair closed the public portion.
Michael Miller stated this is a tough case. Technically the application would be denied based on hours of
operation and proximity to the neighbors. On the other hand it is hard and essential to put a face on each
applicant. Mr. Miller would like it to be possible to work around the technical requirements of the code and use
the Development Standards and Conditions of Approval to protect the interests of the neighbors. The
application gives the County more authority to eliminate the non commercial junk yard and cleanup the
property. It also allows for the neighbors and the County to have more conditions the applicant must adhere
to. Mr. Miller encourages the Planning Commission to try and find a way to make this work rather than deny.
Roy Spitzer added the only problem he has are hours of operation and the noise factor. Mr. Spitzer asked
what the commercial noise ordinance was. Ms. Davis stated staff is asking for the residential levels due to the
homes in the area.The residential level is between 50-55 decibels 25 feet from the property line. Staff can do
a noise reading to see if there is a possible violation. Mr. Spitzer asked what the levels were. Ms. Davis
added from 7:00 am to 7:00pm would be 55 dbs and from 7:00pm to 7:00am it would go down to 50 dbs.
Those levels are consistent with a dishwasher in next room or light auto traffic at 100 feet. Mr.Spitzer would
like to see different hours of operation. Mr. Ogle added the application indicated 10:00 pm to 4:00 am staff
determined 8:00 am to 10:00 pm Monday—Sunday was more compatible to the neighborhood. Mr.Ochnser
added that there could be hours of operation for the outside work since he will be moving shops. There could
be something added that no outside work could be done after 9:00 pm. Ms. Davis added the building is
insulated and if the majority of the noise is kept inside it would help. Mr. Miller stated that if this was a farmer
there would be no issues. If this were an agricultural operation it would not require a special permit. The area
is still an agricultural area and this is a consideration that needs to be reviewed. The noise issues can be
addressed by saying no outside operations after 9:00pm. Anything after 9:00 pm shall be inside with the doors
closed. Mr. Ogle stated that Development Standards#26 addresses this. Mr. Miller added that requiring this
after a certain time would be acceptable but not during the day. Mr. Miller proposed language as"The hours
of operation for outside operations shall be limited to 8:00am to 9:00pm and there not be any limits on hours of
operation inside the buildings. Mr. Miller suggested amending Development Standard #26 to read "All
activities using power tools shall occur within the enclosed mechanic shop area after 9:00pm." Mr. Holton
asked what gravel pits to. Mr.Ogle added they use the sunrise to sunset hours. Mr.Miller added that was just
for operations of the gravel pit. The mechanics can run 24 hours a day with no limitations.
Roy Spitzer agrees with Mr. Miller on the agricultural issues but he would like to see the late evenings be
occasional. He would like to see most of the work done inside after 6:00pm. Mr. Holton agrees with this, it
needs to be restricted with the outside operations.
James Welch suggested the hours be similar to sunrise to sunset. This will help the light issues. Mr. Holton
added that most of the work will come from the landscape business in the summer and those hours would be
extended. Mr. Holton would prefer to see outside limited. Mr. Ochsner would prefer to see sunrise to sunset
also.
Doug Ochsner moved to change Development Standard#25 to treat hours of outside operations will be limited
to sunrise to sunset, Monday—Sunday and delete Development Standard #26. James Welch seconded.
Doug Ochsner moved to amend his previously stated motion to just change Development Standard#25 as
stated above. James Welch seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
yes; Tom Holton, no; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes. Motion
carried.
Doug Ochsner moved to delete Development Standard#26. Michael Miller seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
no; Tom Holton, no; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes. Motion
carried.
Michael Miller asked how the non-commercial junkyard was being treated. Mr. Ogle indicated that screening
the cars was acceptable. Most have been moved to the back of the property. Mr. Miller asked if it was
appropriate to store in the flood plain. Mr. Ogle indicated there could be some down stream issues. The
applicant would be required to meet the FHDP permit criteria. Mr. Miller asked about the present fence. Mr.
Ogle stated there is no existing flood hazard permit for the fence. Mr. Miller asked about the need to have fire
suppression for new structures not existing. Mr. Ogle added all the buildings are agricultural exempt
structures. Given that the structures are a change in use, the buildings would be required to meet current
building and fire standards.
Leland Ridnour asked for clarification on the need for a bathroom facility since there will be no customers just
a drop off. Ms. Davis added that they can use the bathroom in the house if it is within 200 feet of the
operation.
Let the record indicated that the applicant is in agreement with the Development Standards and Conditions of
Approval.
Doug Ochsner moved that Case USR-1556,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Michael Miller seconded the motion.
This approval is based on Section 22.2.60.A.3. Mr. Miller included Section 23.2.20.A.3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
yes; Tom Holton, yes; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes;James Welch, yes. Motion
carried unanimously.
Roy Spitzer commented he urges the applicant to be accommodating to the neighbors with regards to the
noise. It is important to him to be able to sit outside at night and enjoy the weather and outdoor ambiance.
The occasional noise can be acceptable but not every night. He would like to see the louder tools be kept
inside.
Tom Holton commented he has a problem with Development Standards#25 and it should be more restrictive.
Development Standards#26 should have indicated all the power tools should have remained in the enclosed
mechanic area.
Michael Miller commented he believes it is compatible with surrounding land use. The Development
Standards and Conditions of Approval give the County authority to monitor this more closely. The applicant
needs to do anything he can to mitigate the noise. It is vital that the applicant work with the neighbors to
address the noise issues to the best of his ability.
Chad Auer commented Section 23.2.220.A.3 deals with compatibility and this is a close call. The lack of
referral response from the Town of Firestone is a concern. Southwest Weld County has development and
issues and the communities need to be involved in the process.
Meeting adjourned at 3:10 pm
Respectfully submitted
Vc rOLA
Voneen Macklin
Secretary
Hello