HomeMy WebLinkAbout20200815.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3, 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 Vice Chair,
Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland.
Absent: Michael Wailes.
Also Present: Kim Ogle, Department of Planning Services; Lauren Light and Ben Frissell, Department of
Health; Mike McRoberts, Melissa King, and Zackery Roberson, Public Works; Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 18, 2020 Weld County Planning Commission minutes, Moved by Tom
Cope, Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER: USR19-0073
APPLICANT: PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE INCLUDING THREE (3)
GAS COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5)
TEMPORARY CONSTRUCTION OFFICE TRAILERS AND TEN (10)
TEMPORARY CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE.
LOCATION: APPROXIMATELY 2 MILES NORTH OF CR 132 AND APPROXIMATELY 1.5
MILES WEST OF MAINTAINED CR 136.5, EAST OF AND ADJACENT TO CR 65
SECTION LINE.
Kim Ogle, Planning Services, presented Case USR19-0073, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell referred to Development Standard 28 and stated
that according to the application the site can and will comply with Scenario II outlined in the Noise Modeling
Report submitted as part of the application. He added that Scenario II indicates that the facility can comply
with a commercial noise standard of 55 decibels during nighttime and 60 decibels during daytime hours,
except for one (1) receptor point which could have a 0.6 dba exceedance. Mr. Frissell said that based on
the modeling report, Environmental Health is recommending approval for this minor exceedance at the
northern receptor point with a 1 dba increase accommodation for that northern location.
Doug Dennison, HighPoint Operating Corporation, 33105 CR 33, Greeley, Colorado, stated that Staff did a
good job in describing the activity on site. Mr. Dennison said that between the end of the maintained portion
of County Road 136.5 and the access road for this project is where Mr. Peter's house is located. Therefore,
they have an agreement with Mr. Peters that access to any of their facilities that are generally to the west
of the house will come off of County Road 132 onto a road to be constructed with all HighPoint development
activities using this access road and then the facilities to the east of the house will still access from County
Road 136.5. He added that they intend to limit the traffic in front of his house as much as possible.
Commissioner Cope asked what the closest residence is to the north of this location. Mr. Dennison said
that there isn't much north. He added that Mr. Peters house is a little north and east of this location, but
there is topography between this site and Mr. Peter's house.
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Commissioner Cope said that it appears the access road goes to the well pad and asked if it extends past
that. Mr. Dennison said it currently doesn't extend to this proposed facility, but they plan to construct it to
the site.
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 USR19-0073 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 Elijah Hatch, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LOCATION:
U SR 19-0074
JOHN AND SHARON PETERS, C/O HIGHPOINT OPERATING CORPORATION
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE INCLUDING THREE (3)
GAS COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5)
TEMPORARY CONSTRUCTION OFFICE TRAILERS AND TEN (10)
TEMPORARY CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE.
SOUTH OF AND ADJACENT TO CR 136.5 APPROXIMATELY 0.25 MILES WEST
OF CR 71.
Kim Ogle, Planning Services, presented Case USR19-0074, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Zackery Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Doug Dennison, HighPoint Operating Corporation, 33105 CR 33, Greeley, Colorado, stated that this is
essentially an identical operation as the previous case. This facility will be accessed from the east on
County Road 71.
Commissioner Cope asked how far this site is from Mr. Peter's house. Mr. Dennison said it is approximately
3500 feet and added that there is topography between this facility and Mr. Peter's house.
Commissioner Stille asked if the compressors will be located on pads in a building. Mr. Dennison said that
these units will be located inside prefab metal skid -mounted buildings. He added that the buildings will be
insulated, and the compressors will have hospital grade mufflers.
Commissioner Stille asked if there are earth vibrations. Mr. Dennison said that there are some vibrations,
however, they haven't had any issues to date with complaints.
Commissioner Hatch asked if there are any perceived issues being that close to the Summit Midstream
facility of carryover from either their noise or vibrations, etc. Mr. Dennison said that Mr. Peters has opened
up his ranch for oil and gas development and mining operations. He added that Summit Midstream is
located approximately one-half mile from this site. He assumes that all the projects have to meet the
applicable noise standards and hopes that there won't be any issues. He added that if there are any
complaints, they will work together to resolve them.
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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 USR19-0074 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 Bruce Johnson, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope.
CASE NUMBER: USR20-0002
APPLICANT: RICHARD & DEBRA SHUBERT, C/O GO WIRELINE, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (MAGAZINE BUNKER
STORAGE OF EXPLOSIVES UTILIZED IN FRACKING OF OIL AND GAS
WELLS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOCATION: WEST OF AND ADJACENT TO CR 53, APPROXIMATELY 1320 FEET SOUTH
OF CR 52.
Kim Ogle, Planning Services, presented Case USR20-0002, reading the recommendation and comments
into the record. Mr. Ogle noted that 16 notices were sent out to surrounding property owners and added
that Staff received seven (7) letters in support of the application. The Department of Planning Services
recommends approval of this application with the attached 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Brent Kalkwarf, 3031 1st Avenue, Greeley, Colorado, stated this project is for the storage of explosives. He
added that currently they are located in Greeley and need an off -site storage to house the extra explosives.
The bunker will be barricaded according to ATF Standards. Mr. Kalkwarf added that they talked to all the
surrounding neighbors regarding this project.
Mr. Kalkwarf said that the proposed 8x8 bunker will be placed approximately 630 feet away from Mr.
Shubert's closest inhabitable building to the south. He added that according to the ATF regulations they
are required to be 580 feet away.
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 USR20-0002 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 Bruce Johnson, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope.
CASE NUMBER: USR20-0003
APPLICANT: ROBERT AND DONNA ACKERMAN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES, SIMILAR TO THE USES LISTED AS PERMITTED AS
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LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE
DISTRICT FOR AN AGRICULTURAL SUPPORT AND SERVICE FACILITY AND
MORE THAN ONE (1) CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE
DISTRICT
LOCATION: APPROXIMATELY 4750 FEET NORTH OF CR 46 AND APPROXIMATELY 1435
FEET WEST OF CR 33.
Kim Ogle, Planning Services, presented Case USR20-0003, reading the recommendation and comments
into the record. Mr. Ogle noted that the City of Evans returned a referral dated January 27, 2020 and
requested that the County impose, as a Condition of Approval, that the applicant agree to a Pre -Annexation
Agreement with the City indicating that when the property is eligible for annexation that the property owner
will annex voluntarily. He added that this request is addressed in Condition of Approval 1.D. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Mike McRoberts, 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, and the Waste Handling Plan.
Dean Ackerman, 22935 CR 33, LaSalle, Colorado, stated that he farms and rents cows and horses. He
added that they sell livestock equipment and performs custom farming for farmers and ranchers.
Additionally, he said that they bring squeeze chutes in the storage containers and then they sell the
containers.
Commissioner Cope asked if the farming equipment is stored on site. Mr. Ackerman said that some of the
equipment is stored on some other farms that they rent. He added that they also store some equipment in
the storage containers on site as well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Heather Badley, 22805 CR 33, stated that she lives next to the property and is Mr. Ackerman's daughter.
She referred to the recommendation of an opaque fence and is concerned with that for security reasons.
She stated that they hope this fence won't be required so she can keep an eye on the property as there
has been equipment stolen in the past.
Mr. Ogle stated that when there is outside storage of equipment or materials, Staff asks for screening. He
added that it is located pretty much in the middle of the section, so it is a long way from anybody. Mr. Ogle
referred to Condition of Approval 1.F that states a Screening Plan shall be submitted to and approved by
the Department of Planning Services.
Commissioner Johnson said that since it is back in the section a ways, then there really isn't a need to
screen it from the neighbors. Mr. Johnson asked if there are any neighbors that this needs to be screened
from. Mr. Ogle replied no and added that family members are adjacent to the site.
Ms. Badley referred to the drainage pond requirement and said that hopefully she will inherit the property
and it would be nice to not have it completely isolated where her place and this site can be operated
together. Her concern is that the drainage pond takes up the whole length of the property and asked if that
can be revised.
Commissioner Cope said that the pond will be required; however, their engineer should be able to
reconfigure the pond for the volume required. Ms. Badley replied that she understands and had no
objections to that.
Commissioner Cope asked if she would have any objections if they would amend the screening plan that if
a family member does not live adjacent to the site that screening would be required. Ms. Badley replied
no. Mr. Ogle said that Staff would not have an enforcement mechanism for that. He added that once the
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USR Map is recorded it is a snapshot in time and they wouldn't be noticed if Ms. Badley would move from
that property.
Commission Cope said that if it is unreasonable to be able to do something with the fence like that in the
future, then he is okay with that. However, if there is a way of doing that, it seems like now would be the
time to put that in.
Commission Hatch clarified that screening doesn't have to be a fence. Mr. Cope replied that was correct.
Mr. Hatch asked if the screening is required on all four sides of the property or just from the neighbors. Mr.
Ogle said that technically it is required from all four sides, but since there is only one property owner
impacted they would just ask for the one side from the adjacent property owner.
Commissioner Stille recommended deleting Condition of Approval 1.F. Commissioner Beck agreed and
added that it is a family farm operation and to leave them alone. He suggested deleting the conditions of
approval regarding the screening and drainage pond.
Bob Choate, County Attorney, said that the screening plan is a plan and you can explain what the
expectation is, and Planning Staff can take this into account when the Screening Plan is submitted.
Motion: Delete Condition of Approval 1.F, Moved by Bruce Johnson, Seconded by Richard Beck. Motion
carried unanimously.
Mr. McRoberts referred to Condition of Approval 1.A and stated that the project is required to have
stormwater detention unless it qualifies for one of the 14 exceptions to stormwater detention, which it did
not qualify for. He added that this is stated in the Weld County Code. Mr. Choate said that this is one item
the Planning Commission cannot remove as this is in the Weld County Code and there is no authority to
waive it. Commissioner Cope added that he believes it is also a State requirement. Mr. Cope stated that
the drainage pond can be reconfigured and relocated on site that would still meet the criteria.
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, however, he expressed concern with the condition regarding annexation by the City of Evans.
He said that he does not want to be annexed into the City of Evans. Commissioner Cope recommended
that Mr. Ackerman request this at the Board of County Commissioners hearing.
Motion: Forward Case USR20-0003 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 Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope.
Commissioner Johnson recommended that the County Commissioners review the annexation request from
the City of Evans.
Commissioner Cope stated that Staff has done a good job of going through this process and also
recommended that the County Commissioners look at the need to be forced into annexation into the City
of Evans.
Commissioner Ford echoed Commissioners Johnson and Cope's comments regarding the IGA with the
City of Evans.
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. No one
wished to speak.
Meeting adjourned at 1:54 pm.
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Respectfully submitted,
Kristine Ranslem
Secretary
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