HomeMy WebLinkAbout20203169.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 20, 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, Dwaine Barclay, Sam Gluck, Butch White,
Troy Mellon.
Absent: Lonnie Ford.
Also Present: Michael Hall, Angela Snyder and Tom Parko, Department of Planning Services; Lauren Light,
Department of Health; Melissa King, Department of Public Works; Bob Choate, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the October 6, 2020 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Skip Holland. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR20-0021
GLENN AND KAREN MILLER
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A COMMERCIAL ROPING ARENA IN THE A
(AGRICULTURAL) ZONE DISTRICT.
SW4 SECTION 24, T3N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 30 SECTION LINE RIGHT-OF-
WAY, EAST OF AND ADJACENT TO CR 35 SECTION LINE RIGHT-OF-
WAY, APPROXIMATELY 0.5 MILES SOUTH OF CR 32.
Angela Snyder, Planning Services, presented Case USR20-0021, reading the recommendation and
comments into the record. Ms. Snyder noted that the adjacent property owner to the east expressed
concern that they wanted to make sure that any event traffic would use the designated route. Ms. Snyder
added that the applicant has made it clear that the traffic would not use the oil and gas access road adjacent
to the site. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Mr. Hatch asked if the arena has been built yet. Ms. Snyder replied that one of the arenas have been built.
He clarified that the arena is a Use by Right; however, the proposed use is what requires the USR. Ms.
Snyder stated that was correct.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. She added that an Improvements and Road Maintenance Agreement will be required. Ms. King
stated that the applicant submitted the required final traffic information subsequent to the drafting of the
Resolution; therefore, staff is recommending the removal of Condition of Approval 1.B.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andy Hein, 17286 CR 32, stated that he lives directly north of proposed site. Mr. Hein stated that they have
a 130 head cattle ranch and added that they started this ranch two (2) years ago. He added that they are
also team ropers and their cattle are leased out for team roping events. They would like to utilize them for
their own facility and added that it will help offset costs of the ranching. Mr. Hein said that the roping events
would start out small but project that in 10 years they would be at full speed. He added that they also coach
the Jeffco High School Rodeo Team.
Commissioner Cope clarified that there is one (1) arena now but you would like to add another arena. Mr.
Hein said that the second arena is in the future. He added that there can be 300 teams with 100 participants
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and 300 teams can take an average of seven (7) hours to run and it is a long day. So, the idea of two (2)
arenas is that it can be completed in about three hours. Mr. Hein said that they would need enough
participants and interest to build the second arena. Mr. Cope asked when they thought they would add the
second arena. Mr. Hein said that they hope to build the second arena in the next three (3) years.
Mr. Hatch asked if this will be a part of any sanctioned series or will it just be a local jackpot. Mr. Hein said
it would be a local jackpot.
Commissioner Holland asked how many people would show up if staging an event. Mr. Hein said that with
proper advertising they would have approximately 100 participants if they were lucky. He said that this is
more of a three to five-year goal.
Commissioner Stille asked if there will be lighting at night. Mr. Hein said that they do not intend to have
any roping at night, however, they understand that if they do that they will need to have down -shielded
lighting. He added that currently they do not have any power or water on the site.
Commissioner Stille asked if they would have any other events, such as barrel racing. Mr. Hein said that
they may host a barrel race or two since there isn't many places in the area.
Commissioner Stille asked if they would foresee anyone staying overnight. Mr. Hein said that they do not
plan to have anyone stay overnight.
Mr. Hein referred to the request of an ambulance with two trained personnel and asked if that will be a very
strict requirement as he has never seen that at any other roping arena. He added that he hasn't seen
anyone carted off from a roping arena as it is typically a finger injury. He added that he is an EMT with IV
Certification as well as another guy who helps that is a licensed paramedic.
The Chair referred Mr. Hein's question to Staff. Ms. Snyder said that the development standard that
requires an ambulance and two persons trained in emergency medical technology comes from the horse
racing facility development standards and is not in the code, but rather a standard suggestion.
Mr. Hein said that the landowner wanted clarification on the parking area as it specifies that it needs to be
graveled or asphalted. He added that the landowner is requesting a grass parking area so that if this project
should fail that the land would be reclaimed to its original state and the gravel and asphalt would impede
that. Ms. Snyder referred to Development Standard 9 which states "The parking area on site shall be
maintained".
Commissioner Holland asked what they do for dust. Mr. Hein said that they have a water truck to use for
dust control for both the arena and unmaintained county road.
Commissioner Barclay asked what full speed meant. Mr. Hein referred to the maximum capacity of their
application.
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 referred to the proposed changes to the Resolution.
Motion: Delete Condition of Approval 1.B, Moved by Tom Cope, Seconded by Gene Stille. Motion
carried unanimously.
Motion: Delete Development Standard 7, Moved by Troy Mellon, Seconded by Gene Stille.
Commissioner Holland said that it seems appropriate when there is an event that there is someone who is
trained on medical care on site. Commissioner Mellon said that it would probably fall under some of the
conditions of the applicant's liability insurance. Commissioner Barclay referred to the statement that there
are fire fighters, EMTs and Paramedics that host these events and trusts that these are qualified if there is
any medical emergency. He added that he has attended a lot of the roping events in Keenesburg and the
only time there is an ambulance on site is during the Southeast Weld County Fair.
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Mr. Hein offered that it could be changed that they would notify the Fire Department when they will be
having events so that they are aware and ready for the potential for them to be called out to the site. He
added that there will be a minimum of one (1) EMS trained personnel on site.
Commissioner Stille said that he understands the concern but feels it should be deleted.
The Chair called for the vote for deleting Development Standard 7. Motion carried unanimously.
Motion: Amend Development Standard 9 to read "The grass parking area on the site shall be maintained",
Moved by Gene Stille, Seconded by Dwaine Barclay. 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 USR20-0021 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 Gene Stille, Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope, Troy
Mellon.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR20-0020
GUTTERSEN RANCHES, LLC C/O COLORADO SAND COMPANY,
LLC
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OPEN MINING AND PROCESSING OF
MINERALS (SAND MINING AND PROCESSING PLANT) IN THE A
(AGRICULTURAL) ZONED DISTRICT.
ALL OF SECTIONS 5, 6, AND 7, T2N, R63W, AND SECTION 1,
TOGETHER WITH THE N1/2 AND A PORTION OF THE S1/2 OF
SECTION 12, T2N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
EAST OF AND ADJACENT TO CR 59; NORTH OF AND ADJACENT TO
CR 22 SECTION LINE RIGHT-OF-WAY.
Michael Hall, Planning Services, presented Case USR20-0020, reading the recommendation and
comments into the record. Mr. Hall noted Colorado Sand Company has already conducted a temporary
and limited frac sand mine and processing operation located on an adjacent parcel of land. This pilot project
was known as the Keenesburg #1 Mine and occupied approximately 10 acres including the mine pit and
the processing plant structures. The purpose of the pilot was to evaluate the quality of material and the
feasibility of developing a larger, commercial, viable operation, which is what is being heard today. The
sand product was tested by numerous oil and gas drillers and received favorable ratings and sound well
productivity according to the applicant. The pilot project was carried out according to the terms of the
executed Weld County Pilot Agreement effective July 12, 2019 and was accompanied by an approved
Colorado DRMS 110C Permit. This pilot mine operated from October 2019 to March 2020 and during the
pilot project no complaints were received from surrounding property owners.
Mr. Hall stated that construction of the proposed Keenesburg #2 facility is expected to take eight (8) months
with approximately 100 personnel continuously onsite during this time. Once fully operating, the proposed
life of the mine will be 20 years with 1700 acres, of the encumbered 2920 acres, being mined. Overall, the
mine will generate four (4) million tons of product per year. In -pit mining operations will be conducted during
daylight hours year-round. The sand processing operations, including wet plant, dry plant and load out, will
be conducted 24 hours per day, year-round.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
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Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site. An Improvements and Road Maintenance Agreement for dust control, damage repairs to specified
haul routes, triggered and upfront possible off -site improvements will be required. Subsequent to the
drafting of the Resolution, the applicant submitted an acceptable drainage narrative stating that the site
meets the drainage exception; therefore, Ms. King requested the deletion of Condition of Approval 1.K and
the map requirement under Condition of Approval 1.L.23.
Commissioner Holland referred to the average daily traffic of 1367 trips and added that it essentially is
doubled with up to 2300 expected trips. Mr. Holland said that sounds like a major impact to that roadway.
Ms. King said that County Road 59 is an arterial road, which is designed to take up to 7000 vehicles per
day. Additionally, the improvements and Road Maintenance Agreement that would be negotiated would
take into consideration any kind of accel/decel lanes that might be needed or turn lanes associated with the
intersection at Market Street and County Road 18.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Additionally, she reported on the fuel storage and noise
standards.
David Patterson, 2001 Kirby Drive, Houston, Texas, stated that the Colorado Sand Company is part of a
broader family of companies called Capital Sand. In addition to frac sand, there are a number of other
operations in industrial sand, such as golf courses, aggregate and other material moving and handling
businesses. Mr. Patterson stated that they are the frac sand oil and gas segment of that set of operations.
He added that there are currently no in -basin frac sand facilities in Colorado. A few years ago, the operators
discovered that sand can be used to frac that is not of the same quality as they had been using previously
from locations in Wisconsin and Illinois and that the local sand was adequate for their operations.
Therefore, there was a rapid build -out of sand facilities that were as close as possible to the operations.
He said that has taken off all around the country except for Colorado. Sand is a major component of the
cost of the well of a frac and when railing sand from 1300 miles away they are at the mercy of the rail
companies and they don't budge on cost and there are interruptions to supply.
Mr. Patterson said that this proposed site is centrally located, and the average haul would be 15 to 20 miles
to the wellhead. He added that they ran a pilot operation to test the sand and operated it for about 6 months
and supplied test volumes to customers. So not the operators have been producing those wells for about
a year and across the board it has been successful.
Scott Jinks, 418 CR 347, Jackson, Missouri, provided an overview of how the processing plant and flow of
the facility will operate.
Commissioner Stille asked if the sand is the same size and composition from Wisconsin. Mr. Jinks said it
is the same size. Mr. Stille said that with all the oil and gas in the state it is nice to have frac sand around
here.
Commissioner Cope referred to the 117 -acre area for final plant waste pile and asked what the waste pile
is used for or how it will be disposed of_ Mr. Jinks said that it is sand that is oversized and it is also the
cake from the filter presses from the wastewater treatment facility. He added that it is basically dirt and it
will be used as a final reclamation feature.
Commissioner Hatch asked if the final prepared sand stored in hoppers and silos or will it be in portable
containerized systems. Mr. Jinks said that there will be an enclosed dry sand storage building on site.
Commissioner Barclay expressed concern with the traffic as he is very familiar with that area. He added
that between County Road 59 and the stop sign at 1-76 Frontage Road there is construction of a mini -mall
in addition to completing a base regarding a new development for homes coming off of County Road 18.
Mr. Barclay said that now with doubling that traffic, putting more commercial buildings at the stop sign and
now a group of homes he is concerned with traffic and is not sure how that will work. Ms. King said that
the area associated with Market Street is in Keenesburg and the applicant has been directed to contact
them with their traffic information. The area of County Road 59 down to County Road 18 to that stop sign,
Ms. King stated that Public Works recently put in a new stop sign at that point and one of the things the
Improvements and Road Maintenance Agreement would do would be to determine if a traffic signal might
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be needed there or other improvements that would not reduce the quality of that intersection. Mr. Hall noted
that County Road 18 is located in unincorporated Weld County and Public Works has authority over that.
He added that Market Street, although annexed into Keenesburg, is under CDOT maintenance. Therefore,
the Improvements Agreement would stop at County Road 18 and then going down Market Street would be
up to the applicant to coordinate with CDOT. Mr. Hall noted that both CDOT and Keenesburg unfortunately
did not respond to this referral.
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 Cope referred to the 24/7 operations and asked if transportation off site will require 24/7
operations as well. Mr. Jinks said that it will need to be 24/7 to facilitate the 24/7 operations of oil and gas.
The Chair referred to the request from Staff for the deletion of Condition of Approval 1.K and 1.L.23.
Motion: Delete Conditions of Approval 1.K and 1.L.23, Moved by Troy Mellon, Seconded by Tom Cope.
Motion carried unanimously.
Commissioner Cope said that he doesn't have a problem with the plant working 24/7; however, he is
concerned with the mining operations because of the potential noise and more concerned with the traffic
running through the town 24/7. He would prefer to see some additional storage or something that would
allow the applicant to keep working the plants but not to have traffic running 24/7. Commissioner Barclay
added that at the turn to go left onto 1-76 there is a Weld County School District RE -3J bus facility where
busses come out in the mornings as well. He stated that he doesn't believe this road is conducive for what
it can take.
Commissioner Gluck said that he realizes it is an inconvenience but part of the success of this County is
oil and gas, as is agricultural. He lives on an arterial road as well so 24/7 he gets the benefit of having oil
and gas and agricultural traffic in his back yard. Commissioner Barclay said that once the improvements
are done to make it work and viable then move forward with the operation.
Tim McCarthy, Schedio Group,1415 Washington Avenue, Golden, CO, stated that he has been the program
manager for this project. He added that they have met with the Town of Keenesburg several times
throughout this process and everyone is aware that intersection is a potential issue. He further added that
he is aware of the developments that Mr. Barclay mentioned and right now CDOT had jurisdiction of Market
Street and Keenesburg is looking to gain jurisdiction of Market Street so there is some type of transaction
going on there. Mr. McCarthy stated that they are aware that something needs to happen there and so
they have been working with Public Works and Waste Management because they have control over the
private portion of County Road 59 and so it has been very complicated. He added that they are all working
together the best they can.
Commissioner Hatch asked for an estimate of traffic and times of day. Mr. Patterson said that based on
the pilot plant there has been no discemable difference on a weekly basis and so it was fairly even and
unpredictable and is driven by the operation of the wellhead. Commissioner Cope asked how many
vehicles were going out with the pilot plant. Mr. Patterson said that it was hit or miss but some days it was
200 trucks per day maximum. Mr. Cope said that the pilot was for the operations and the development of
the sand, not the running of 1050 trucks per day and said that there is a bigger impact with this. He added
that this needs to be considered at the County Commissioner hearing.
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 USR20-0020 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 Gene Stille, Seconded by Sam Gluck.
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 1).
Yes: Butch White, Elijah Hatch, Gene Stille, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon.
Abstain: Dwaine Barclay.
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Commissioner Mellon is concerned with the traffic situation and suggested that the County Commissioners
look at this.
Commissioner Barclay abstained as he has too many family members that live in the area and didn't feel it
would be fair to the applicant.
Commissioner Holland agrees with the activities that Public Works is trying to work with and resolve some
of these traffic issues.
Commissioner Cope said that he is concerned with the traffic and that it needs to be resolved as well as
the potential of 24 -hour traffic through Keenesburg.
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. Tom Parko,
Planning Director, said that over the last couple of years we had moved the lunches from 12:30 p.m. to
11:30 a.m. as there were a lot of cases and we wanted to make sure that there was adequate time for the
hearings. He added that cases have tapered off this year and we see the same trend moving forward into
next year. Mr. Parko asked the Planning Commission if they would be willing to move lunch to 12:30 pm
and then start the hearings at 1:00 or 1:30 p.m. to accommodate the Planning Commissioner's schedules.
Commissioner Mellon was in favor of changing the time. Commissioner Barclay said that whatever works
best for everyone he is agreeable to. Commissioner Stille agreed that whatever works best for everyone,
but he personally likes lunches at 11:30 a.m. Commissioner Holland preferred to get it done and out as he
has more problems with traffic later in the afternoon. Commissioner Gluck said that he would like to start
lunches later but is willing to come at whatever time works best. Mr. Parko said that it seems to be split so
we will stick with the 11:30 am lunches.
Meeting adjourned at 2:29 pm.
Respectfully submitted,
45V -Z16111 AlAdv,A.
Kristine Ranslem
Secretary
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