HomeMy WebLinkAbout20203487.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 17, 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Gene Stille, Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White.
Absent: Lonnie Ford, Dwaine Barclay, Troy Mellon.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Lauren Light and Ben Frissell,
Department of Health; Melissa King, and Zackery Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
Chair Hatch stated that he just returned from the dentist and asked Vice Chair Stille to chair the meeting.
Motion: Approve the November 3, 2020 Weld County Planning Commission minutes, Moved by Butch
White, Seconded by Skip Holland. Motion passed unanimously.
CASE NUMBER: USR20-0028
APPLICANT: LONNIE SHOEMAKER
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OUTDOOR STORAGE OF PUBLIC UTILITY -RELATED
EQUIPMENT AND USES (PUBLIC UTILITY SUPPORT AND SERVICE) SIMILAR
TO THE USES LISTED (OIL AND GAS SUPPORT AND SERVICE) AS
PERMITTED AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE ZONE DISTRICT IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX17-0007; BEING PART N2SW4 SECTION 13, T2N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 23, APPROXIMATELY 0.37 MILES NORTH
OF CR 20.
Kim Ogle, Planning Services, stated that the sign announcing the public hearing was not posted within 10
days of the hearing date, therefore Staff is requesting a continuance to the December 15, 2020 Planning
Commission Hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue USR20-0028 to the December 15, 2020 Planning Commission Hearing, Moved by Tom
Cope, Seconded by Elijah Hatch. Motion carried unanimously.
CASE NUMBER: 1MJUSR20-15-0048
APPLICANT: PAWNEE WASTE, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (A
DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION WASTE
MANAGEMENT FACILITY) THAT WILL RECEIVE NON -HAZARDOUS WASTES
THAT MAY CONTAIN VERY LOW CONCENTRATIONS OF NATURALLY
OCCURRING RADIOACTIVE MATERIALS (NORM) AND TECHNICALLY
ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIALS
(TENORM) PURSUANT TO THE COLORADO STATE STATUTE AND AS
DEFINED AND REGULATED BY COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT AND OBTAIN A CERTIFICATE OF
DESIGNATION, PURSUANT TO SECTION 30-20-104 C.R.S., IN ADDITION TO
ACCEPTING CONSTRUCTION AND DEMOLITION (C&D) WASTE, AND
INDUSTRIAL WASTE, THE ADDITION OF TWO (2) NEW STORAGE BUILDINGS
AND A COMPANY ONLY HEAVY EQUIPMENT PARKING, STAGING AND
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12/O2 (20
LEGAL DESCRIPTION:
LOCATION:
STORAGE AREA OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES
IN THE A (AGRICULTURAL) ZONE DISTRICT.
NE4/E2NW4 OF SECTION 13, T1 ON, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 118 SECTION LINE, APPROXIMATELY
1320 -FEET EAST OF CR 95
Kim Ogle, Planning Services, presented Case 1 MJUSR20-15-0048, reading the recommendation and
comments into the record. Mr. Ogle noted that no, correspondence or telephone calls from surrounding
property owners were received with interest in this project.
Pawnee Waste has updated the Waste Acceptance Plan and is part of the EDOP. The Waste Acceptance
Plan is in place to ensure that only wastes approved by the County and CDPHE will be received at the
facility.
In addition to the modification of waste streams and acceptable wastes, Pawnee Waste seeks to add two
(2) new storage buildings. No onsite chemicals or hazardous materials will be stored in these buildings.
Additionally, a company owned heavy equipment parking staging and storage area is also requested.
The Department of Planning Services recommends approval of this application with conditions of approval
and development standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. Ms. King stated that the existing Road Maintenance Agreement has been reviewed and found to
be acceptable; therefore, Staff is requesting that Condition of Approval 1.A be deleted and that
Development Standards 16 and 17 be revised to refer to the Road Maintenance Agreement. Additionally,
Ms. King noted that the applicant has submitted a final drainage report with detention pond design, and it
has also been found to be acceptable; therefore, Staff requests that Condition of Approval 1.B be deleted.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, the revised
Engineered Design Operations Plan, on -site dust control, and the Waste Handling Plan.
Ryder Reddick, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that the Pawnee Waste
location benefits the energy community by providing a convenient location near a large portion of the oil
and gas operation sites in Weld County. Pawnee Waste is dedicated to responsible waste management
that meets an industry need and is in high demand in Weld County, while protecting the environment. The
design of the facility exceeds regulatory standards and the Operations Plan is rigorous and meticulous
because they are committed to protecting the environment.
Pawnee Waste is requesting to expand the types of wastes that this facility can accept. Presently, the
facility is only permitted to accept E&P waste and with the downturn in the oil and gas industry over the last
year, this has made doing business a challenge in general. Therefore, they are seeking to expand the types
of waste streams that they may accept so they can begin to accept construction and demolition waste as
well as industrial waste. These waste streams are all nonhazardous wastes and can be safely accepted at
this disposal facility as it is currently designed. Additionally, they are requesting the addition of two (2) new
storage buildings and a company owned heavy equipment parking, staging and storage area for the facility.
Mr. Reddick stated that no chemicals or hazardous materials will be stored in these buildings. Additionally,
they have included a berm to the west of the parking area for visual mitigation. It is estimated that they
could employ up to 20 employees and accept up to 137 truckloads of waste per day. Mr. Reddick stated
that by allowing this waste stream it will help reduce truck trip miles on county roads and reduce air
emissions from trucks.
Commissioner Gluck asked what the make-up is of the C&D Waste. Casey Lauer, Pawnee Waste, 800 8th
Avenue, Greeley, Colorado, stated that the majority of the C&D waste will consist of wood, drywall, metal,
concrete and all of the renovation materials from any major projects of new construction and demolition.
Mr. Gluck asked if it is things such as ferrous irons that could be recycled. Mr. Lauer said that some of it
could be recycled at some point; however, they do not have it set up as a recycling facility, but they would
like to pursue that in the future.
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In response to Commissioner Cope's question, Mr. Lauer said that asbestos would not be allowed as it is
a hazardous material. Mr. Cope referred to 137 trucks coming to the facility. He added that right now a lot
of that is oil and gas waste and the applicant is requesting to expand that because of the downturn of the
oil and gas industry, but what happens when the oil and gas industry picks back up. He asked if the number
of truck trips will still remain at 137 or how will it be controlled and maintained. Mr. Reddick stated that 137
truck trips were at maximum capacity and that would include full capacity from the oil and gas industry. If
there was a huge influx in the area, they would have to amend the permit and it would be heard again by
the Planning Commission and Board of County Commissioners.
Commissioner Cope referred to the comment regarding reduction in travel but so much of the construction
waste isn't from the Grover area and it is more from the Greeley, Severance, and Windsor area. Mr. Lauer
said that was correct and added that a lot of that has to do with minimizing the amount of traffic on the road
going to Ault which is the only facility that accepts that waste currently. Mr. Cope clarified that it would alter
the travel pattern but not really reduce traffic.
Commissioner Holland said that there are three different types of wastes going to the facility now and asked
if each of those types of waste require a liner. Mr. Lauer said that each type of waste is basically its own
subcategory and their liner system is built to handle multiple waste streams. He added that it is built beyond
the standard requirements.
Commissioner Stille asked how many monitoring wells there are. Mr. Lauer replied that there are seven
(7) staggered monitoring wells throughout the property. Mr. Stille asked if there is lighting 24/7 at the facility.
Mr. Lauer said that there are some wall packs and an overhead street light above the scale house and all
light is directed away from the surrounding property.
Commissioner Stille asked if they had taken any noise levels. Mr. Reddick replied that they have not taken
noise levels and said that due to the remoteness of the site they have not received any complaints on noise.
He added that the nearest residence is 1.5 miles to the west of the facility, and it hasn't been an issue.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Vice Chair Stille asked Staff if they had any changes to the Resolution. Mr. Ogle referred to Public Works
recommendation to remove Conditions of Approval 1.A and 1.B.
Motion: Delete Conditions of Approval 1.A and 1.B, Moved by Tom Cope, Seconded by Sam Gluck.
Motion carried unanimously.
Mr. Cope also noted that Public Works requested changes to Development Standards 16 and 17. Ms. King
added that they would like to revise Development Standards 16 and 17 by changing "Improvements
Agreement" to "Road Maintenance Agreement".
Motion: Amend Development Standards 16 and 17, as requested by Staff, Moved by Tom Cope,
Seconded by Skip Holland. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case 1 MJUSR20-15-0048 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Tom Cope, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope.
CASE NUMBER: USR20-0030
APPLICANT: CANNON LAND COMPANY AND PLATTE VALLEY IRRIGATION COMPANY,
C/O L.G. EVERIST, INC.
PLANNER: KIM OGLE
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND, GRAVEL, STONE, TOPSOIL,
OVERBURDEN AND BORROW MATERIALS) AND PROCESSING OF
MINERALS. ALSO INCLUDED ARE PORTABLE (TEMPORARY) CONCRETE
AND ASPHALT BATCH PLANTS, CONCRETE AND ASPHALT RECYCLING, A
MINE OFFICE/SCALE HOUSE AND SCALE, A FUELING/LUBRICATING
STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT
PARKING AND STORAGE, EMPLOYEE AND VENDOR PARKING AND MORE
THAN TWO (2) CONEX CONTAINERS FOR STORAGE OF PRODUCTS FOR
PLANT OPERATIONS AND MAINTENANCE IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: ALL EAST OF THE RAILROAD INCLUDING PART OF THE NE4SE4 OF
SECTION 7; SW4 OF SECTION 8; NW4 OF SECTION 17; THE SE4 AND PARTS
OF THE SW4, NE4 AND THE NW4 OF SECTION 18; PARTS OF THE NE4 OF
SECTION 19; ALL WITHIN T2N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 22.5; APPROXIMATELY 7900 FEET WEST
OF CR 31; APPROXIMATELY 1260 FEET EAST OF CR 25; APPROXIMATELY
3825 FEET NORTH OF CR 18.
Kim Ogle, Planning Services, presented Case USR20-0030, reading the recommendation and comments
into the record. Mr. Ogle stated that notice was sent to 27 surrounding property owners. Planning Staff
received an electronic mail from a property owner approximately one mile to the east of the east side of the
permit boundary with concerns of environmental impact due to open mining, the effect of property values
and impacts on area roads. The property owner did state that there is no opposition to mining on the west
side of the highway. A telephone inquiry was received from an adjacent property owner on the east side
with concerns of disturbance to the former gas plant sites, unknown number of gas pipelines abandoned
and traffic on the county road and more specifically as traffic patterns cross the Union Pacific Railroad
Crossing. Mr. Ogle noted that an email was received from the Law Firm of Lyons, Gaddis who represent
the Platte Valley Irrigation company just before this meeting encouraging the Planning Commission to
uphold Condition of Approval 1.C that requires an agreement between Platte Valley Irrigation Company
and the applicant.
The Department of Planning Services recommends approval of this application with conditions of approval
and development standards. Mr. Ogle noted that Staff has received two requests for modification to the
Resolution proposed by the applicant.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, Noise Abatement Plan, and the Waste Handling Plan.
Lynn Shults, L.G. Everist, 7321 East 88th Avenue, Henderson, Colorado, stated that this will be L.G.
Everist's fifth mine site in Weld County since the late 1980s. Ms. Shults stated that this site will have 15 to
20 employees and about 100 visitors and added that it will be in compliance with the Weld County Code.
Ms. Shults said that the original traffic study was done for the west side only and they are working on an
addendum that will focus on the east side to be included in the Road Maintenance Agreement. She added
that they will start on the west side and will be mining there for a good 10 years or so before they move
over to the east side. Ms. Shults said that CDOT has indicated that anything farther than two years out
they will not look at, therefore they are working with CDOT on the west side and should get a permit finalized
by March of 2021. As far as the east side, they can do everything with the traffic study and set up the Road
Maintenance Agreement and then once they get closer to mining that side, they will have to revisit and
update everything. Therefore, they are requesting that Condition of Approval 1.N be moved to Prior to
Mining, rather than Prior to Recording, because that one piece is the only thing that would keep them from
recording much earlier.
Ms. Shults also requested an early release agreement just for doing prep work on the site. She said that
part of knowing what they will be required to do for CDOT from the private road off of County Road 20 out
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to Highway 85 is accel/decel lanes and they always need a lot of material. She said that they can get some
of that material from their site, such as overburden. This would eliminate trucks hauling material from other
areas to the site when they can take it from their property.
Commissioner Cope referred to the plans and said that he is unsure of the west side the access is to come
in on the access road. Ms. Shults replied yes because that is where the plant site would be.
Commissioner Cope asked asked if the silo will remain on site. Ms. Shults said that the silo and houses
will be removed and added that they will test for asbestos prior to removal.
Commissioner Holland asked if there will be any storage buildings or if everything will be stored in the
proposed conex containers. Ms. Shults said that there are no plans for a storage or maintenance building
on site. She added that they do have a site within the town limits of Platteville that does maintenance on
their equipment.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Vice Chair Stille referred to the request from Lyons and Gaddis regarding Condition of Approval 1.C. Mr.
Ogle read Condition of Approval 1.C into the record. Bob Choate, County Attorney, stated that no motion
is needed.
Mr. Ogle stated that currently the applicant is requesting to move Condition of Approval 1.N from Prior to
Recording the Map to Prior to Operation — Mining.
Motion: Move Condition of Approval 1.N Prior to Recording the Map to Condition of Approval 5.C Prior to
Operation - Mining, Moved by Tom Cope, Seconded by Elijah Hatch. Motion carried unanimously.
Vice Chair Stille referred to the request for an early release agreement by the applicant and stated that this
request needs to come before the County Commissioners.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR20-0030 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Elijah Hatch, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope.
Vice Chair Stille called for a recess at 2:00 p.m. and reconvened the hearing at 2:10 p.m.
CASE NUMBER: USR20-0025
APPLICANT: JOEL AND MARCY KONIG, C/O SUPERIOR OILFIELD SERVICES CO., LTD
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND, GRAVEL AND STONE - NORTH STAR
PIT) AND PROCESSING OF MINERALS OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: W2 AND SE4 SECTION 22, T12N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 138 AND APPROXIMATELY 1 MILE WEST
OF CR 71.
Diana Aungst, Planning Services, presented Case USR20-0025, reading the recommendation and
comments into the record. Ms. Aungst stated that notice was sent to four surrounding property owners and
no correspondence was received. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
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Zackery Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise levels, and the Waste Handling Plan.
Jack Miller, Superior Oilfield Services, 2986 W 29th Street, Greeley, Colorado, stated that this is a sand and
gravel mine and they furnish materials to the oil and gas industries and other individuals who need material.
He noted that this will mainly service the Pawnee area and within 20 to 25 -mile radius of the mine.
Commissioner Cope asked how tall the stockpiles will get. Mr. Miller said it varies but estimated 50 feet.
Commissioner Holland asked what the reclamation will be. Mr. Miller said that they are developing in
phases and as they proceed, they will reclaim the property back to what it was originally.
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 applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR20-0025 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Skip Holland, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Kris
Ranslem, Planning, presented the hearing dates for the 2021 Planning Commission.
Meeting adjourned at 2:32 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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