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Home My WebLink About20062839.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 5, 2006 A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County Department of Planning Services, Hearing Room,918 10`"Street,Greeley,Colorado. The meeting was called to order by Chair, Chad Auer, at 1:30 p.m. ROLL CALL Erich Ehrlich Absent Roy Spitzer James Welch Absent Bruce Fitzgerald Absent Chad Auer Doug Ochsner Tom Holton Paul Branham Also Present: Jess Hein,Char Davis, Pam Smith, Drew Scheltinga, Brad Mueller, Kim Ogle,Chris Gathman The summary of the last regular meeting of the Weld County Planning Commission held on, July 18, 2006 August 15, 2006, was approved as read. The following item will be withdrawn per applicant's request. CASE NUMBER: USR-1558 APPLICANT: Lester& Rachel Oliver PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot A of RE-3012; Pt SE4 of Section 4, T4N, R66W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Special Review Permit for a use by right in the I (Industrial)Zone District(cast-in-place concrete construction business) in the A(Agricultural)Zone District LOCATION: West of and adjacent to CR 31 and 1/4 mile north of CR 72. Chris Gathman, Department of Planning Services read a letter into the record requesting withdrawal of this case. The following items will be on the Consent Agenda: CASE NUMBER: USR-1570 APPLICANT: Petro-Canada Resources (USA) Inc PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot C of RE-4205, being part of the NW4 and part N2 SW4 of Section 18, T4N, R64W of the 6th P.M., Weld County, Colorado REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including a pre-manufactured office building in the (A) Agricultural Zone District LOCATION: South of and adjacent to CR 46; east of and adjacent to CR 49 Doug Ochsner moved to approve the Consent Agenda. Tom Holton seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously 1 147vwru.u,iaaZctr,v /o -g-;'a yo 2006-2839 The following items will be Heard: CASE NUMBER: 2nd AmUSR-249 APPLICANT: Asphalt Specialties Company PLANNER: Kim Ogle LEGAL DESCRIPTION: Part of the NE4NW4 and NW4NE4 and S2NW4 SW4NE4 and SE4 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado, exempting out those parts being considered by the Town of Erie for the Spallone Annexation REQUEST: Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities including a Concrete and Asphalt Batch Plant, Concrete and Asphalt Recycling Plant and Gravel Mining in the A (Agricultural)Zone District LOCATION: North of and adjacent to State Highway 52; and east of and adjacent to County Line Road Kim Ogle, Department of Planning Services read a letter from the applicant requesting a Planning Commission hearing date of September 19, 2006. The case was previously indefinitely continued. Roy Spitzer moved to continue to September 19, 2006. Doug Ochsner seconded. Motion carried. CASE NUMBER: AmMJF-1119 APPLICANT: Charles & Phyllis Nelson PLANNER: Brad Mueller LEGAL DESCRIPTION: Lots 9-11, Block 1, Hill-N-Park Filing 1; also a part SW4 of Section 26, T5N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Amended Major Subdivision Final Plat amending lotlines for Lots 9-11, Block 1, of Hill-N-Park Filing 1, located within the R-5 Zone District LOCATION: West of Yellowstone Drive,within the Hill-N-Park subdivision, south of Greeley Brad Mueller, Department of Planning Services presented Case AmMJF-1119, 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. Tom Holton asked if the L shape was so the applicant could maintain the minimum 6000 square foot lot size needed. Mr. Mueller stated it was. Mr. Mueller indicated the applicant is currently not present. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Doug Ochsner asked why this was not on the Consent Agenda. Mr. Mueller indicated the application was originally withdrawn by the applicant and there were some inquiries about the case. There were also some previous issues and changes to the request. Charles Nelson,applicant,was now available for questions. Mr. Nelson indicated that he only owns 1.5 of the 3 lots while Gary Weidman owns the remainder. Doug Ochsner asked if the Planning Commission was to presume he was speaking on behalf of all the owners. Mr. Mueller indicated Mr. Nelson initiated the request. The three lots are currently deeded as two separate parcels. The deeds do not correspond with the buildable lots thus being the problem. This is amending the plat to reflect in part what the deeds indicate. Doug Ochsner moved that Case AmMJF-1119, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation 2 of approval. Tom Holton seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. Mr. Nelson indicated he had not read the Development Standards and Conditions of Approval and asked for a summary of them. Mr. Mueller stated they consist of changes to the plat document, notes added to the plat, new copies of deeds are submitted. The language is standard. Mr. Nelson indicated he was in agreement with them. CASE NUMBER: USR-1571 APPLICANT: Great Western Oil & Gas Company PLANNER: Brad Mueller LEGAL DESCRIPTION: E2 of Section 27, T6N, R67W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Special Use Permit for an Oil & Gas Production Facility(10 oil and gas wells &2 tank batteries) in the I-1 (Industrial)Zone District LOCATION: South of and adjacent to CR 66; 1/2 mile east of Hwy 257 Brad Mueller, Department of Planning Services presented Case USR-1571, 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. Tom Holton asked if there was a lake located on the property. Mr. Mueller indicated it was a storage pond. Doug Ochsner asked if there was any effect on the trail system in the area. Mr. Mueller stated he did not examine the plan in conjunction with the trail system. There was none on the site other than the sidewalk system. It can be reviewed at closer detail if needed. Mr. Ochsner stated the bulk of the system is further to the south. William Crews, representative for the applicant, provided further clarification. The size of the parcel is 320 acres not the 951 acres indicated. It is not unlike the previous applications. This site is slightly further west with the series of oil and gas wells. Most will be drilled from one or two pads to keep the number of surface locations down. Doug Ochsner asked for clarification on the well heads. Mr. Crews stated there will be 10 well heads but the number of tanks and batteries will be limited. There are presently two locations for the tank, batteries and separators. Tom Holton asked if this would come under the State rules of high density. Mr. Crew stated it does not. That would be with a number of platted lots and/or public meeting requirements. It is still considered normal drilling. High density gives setbacks from various facilities. The setback is 150 feet or 1.5 times the height of the derrick, whichever is larger. Char Davis added she would like to correct Development Standards #9 to state ....."during drilling/construction." William Crews indicated he was questioning Condition of Approval 1B. The access is off of Hwy 257 and is a CDOT permitted access for truck traffic. Does Condition of Approval 1 A mean the need is to add this to the plat? Jesse Hein, Public Works,added it would need to be delineated on the plat. The reserved right-of-way needs to be there. Mr. Mueller added they want something from Windsor that the access as proposed is adequate and acceptable. Mr. Crews stated the access is exiting and approved by CDOT. Mr. Mueller stated that there needs to be something from Windsor that there are changes to the access and use of it, Tom Holton asked for clarification on the access. Mr. Crews indicated that the north access from CR 66 will not be used. All will be from Hwy 257. 3 Mr. Crews continued with questions regarding the timing. Ms.Davis indicated this was addressed in Condition of Approval 3. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Tom Holton asked Mr. Hein is mats will be required. Mr. Hein stated the access already existing and it would be a CDOT issue. Doug Ochsner moved to amend Development Standard#9 as suggested and correct the typo. Roy Spitzer seconded. Motion carried. Tom Holton asked if there needed to be a deletion of Condition of Approval 1 A. Mr. Hein suggested leaving the condition in to delineate the 140 feet of right-of-way that is needed on the roadway. Paul Branham moved that Case USR-1571, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. CASE NUMBER: USR-1565 APPLICANT: TARH E&P Holdings LP PLANNER: Chris Gathman LEGAL DESCRIPTION: W2SE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado REQUEST: Site Specific Development Plan and Special Review Permit for oil &gas production facilities in the R-1 (Low Density Residential)Zone District LOCATION: North of and adjacent to CR 66; 1/4 mile west of CR 35 Chris Gathman, Department of Planning Services indicated that staff had received a letter of opposition. The attorney that wrote the letter is not present. Mr. Gathman passed out the letters. Cyndy Giauque added that if the letters were being considered it would need to come off the Consent Agenda. The case was reopened at the end of the hearing. Cyndy Giauque, County Attorney, indicated she has reviewed the letter and surface use agreement from the land owner's attorney opposition attorney. There is nothing in the agreement that shows the oil and gas entity would be limited to a certain area on the site. The Planning Commission is not restrained from hearing the USR. Chris Gathman, Department of Planning Services presented Case USR-1565, 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. Planning staff recommends the following changes: 1)Town of Windsor(listed under referral responses received on page 1) shall be removed. 2) Condition of Approval 1.A(page 4)shall be revised to read: Prior to the Board of County Commissioners hearing: 4 "The applicant shall provide written notification of the Board of County Commissioners hearing for USR-1565 and the intent to vacate the portion of USR-599 located within the proposed boundaries of USR-1565. Written evidence that notification has been provided along with any written responses from these property owners shall be provided to the Department of Planning Services." 3) Development Standard#9 (page 6) shall be removed. Char Davis, Department of Public Health and Environment, added that Development Standards#12 needs to be deleted also. Tom Holton asked for clarification on the way the property is split and how it fits into the USR boundary. Mr. Gathman stated the USR boundary is the 80 acres, the lower portion is lot A and the upper portion is lot C. The surface use agreement shows the wells and tank batteries but those are in the agricultural zone of the site. Paul Branham asked if there are presently any wells on site. Mr. Gathman stated there is one well head on site towards the lower portion of the site. Mr. Branham asked how wide the access road was. Mr. Gathman stated it was approximately 20 feet which is standard. There are no obstructions in the area. Mr. Gathman clarified that a condition is provided that the recommendation/concerns of the Eaton Fire Protection District, one of which is the road width. William Crews, representative for the applicant, provided additional clarification. The site is actually part of Lots C & D not A& D. This is a site for three wells, two drilled and one directional. The tank battery is in the agricultural zone area and more will be added. The applicant will be in contact with the various agencies and abide by those regulations. William crews indicated his concerns with criteria 2d and the ecological area of the ditch and what is expected of this. The area does not seem to have an ecological factor. Mr. Gathman indicated that was what the referral from City of Greeley requested and the applicant only need to attempt to address those concerns. Mr. Crews has questions with regards to 2B and the timing of production to meet APEN requirements. Ms.Davis stated the 45 days will be allowed. The format was changed from this application to the next application. The way the time frame was addressed has been changed in formatting only. The Department of Public Health and Environment has every intention of allowing the 45 day production. Mr. Crews added that the issue with Hwy 392 access has no concerns from Windsor. Mr. Gathman stated that was correct,as long as the access is not under county responsibility it is under CDOT jurisdiction and there needs to be something addressing the access in the file. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Mark Lawley asked whether the agreement is something that is different from the Planning Commission scope and if this was approved would it have an affect on either the applicant or the agreement. Ms.Giauque stated the Planning Commission is not bound by the agreement. Doug Ochsner moved to accept staff recommendations on Condition of Approval 1A. Tm Holton seconded. Motion carried. Tom Holton moved to delete Development Standards #9 and Development Standards #12 and renumber. Doug Ochsner seconded. Motion carried. Paul Branham moved to amend Condition of Approval 2B to reflect "after 15'production"in the second sentence. Tom Holton seconded. Motion carried. Doug Ochsner moved that Case USR-1565, 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. Roy 5 Spitzer, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner,yes; Paul Branham, yes; Mark Lawley, yes. Motion carried unanimously. Meeting adjourned at 3:00 pm Respectfully submitted Voneen Macklin Secretary 6 Hello