HomeMy WebLinkAbout20191183.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 19, 2019
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,
Michael Wailes, at 10:00 am.
Roll Call.
Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Absent: Bruce Johnson.
Also Present: Chris Gathman, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike
McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 5, 2019 Weld County Planning Commission minutes, Moved by Elijah Hatch,
Seconded by Skip Holland. Motion passed unanimously.
CASE NUMBER: USR18-0100
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A MAJOR FACILITY OF A PUBLIC UTILITY (ONE (1) 230KV TRANSMISSION
LINE EXTENDING APPROXIMATELY 21 MILES, ONE (1) NEW SUBSTATION
(GRAHAM CREEK) AND UPGRADES TO AN EXISTING SUBSTATION (WAPA
AULT SUBSTATION) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE TRANSMISSION LINE WILL BE LOCATED IN SECTIONS 2, 3, 4, 5, 6, 10,
15, 22, 26, 27 AND 35, T7N R66W; SECTIONS 2, 11 AND 12, T6N R66W;
SECTIONS 7, 15, 16, 17, 18, 22 AND 27, T6N R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: TRANSMISSION LINE IS IN TWO SECTIONS:
SECTION 1 RUNS FROM THE WAPA AULT SUBSTATION LOCATED SOUTH
OF CR 86 AND EAST OF CR 25 TO THE PROPOSED HUSKY SUBSTATION
(WITHIN THE TOWN LIMITS OF AULT). THE HUSKY SUBSTATION WILL BE
LOCATED EAST OF CR 33 AND SOUTH OF CR 86.
SECTION 2 RUNS FROM THE HUSKY SUBSTATION SITE (EAST OF CR 33
AND SOUTH OF CR 86) TO A TRANSMISSION LINE THAT SERVES THE
CLOVERLY SUBSTATION LOCATED SOUTH OF CR 66 AND EAST OF CR 43.
Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the June 18,
2018 Planning Commission hearing. Mr. Gathman noted that the applicants are proposing to apply for two
separate applications. The first application for June 18th would be the northern segment of the line, which
is from Ault south to the Grand Creek substation between County Roads 74 and 76. He added that at a
later date the applicants would submit a separate application for the southern segment which would be from
the Grand Creek substation south to the Clover Leaf substation, which is in proximity to the Greeley -Weld
Airport.
Commissioner Sparrow asked which section of the line is receiving the most resistance. Mr. Gathman said
that the southern segment has the most opposition and added that the applicant has had a lot of
conversations with the Town of Eaton. Mr. Gathman said that there is some opposition with the northern
segment as well, however the majority of the opposition is for the southern segment of this application.
Commissioner Wailes recalled that there were some issues with deadlines that they had to meet and asked
if these continued dates will meet those deadlines. Bob Choate, County Attorney, stated that there is a
state statute which requires the County to act by a certain time and generally it is ninety days from the day
that the application is deemed complete. Mr. Choate added that the County can agree with the applicants
to waive that time frame and the applicants have agreed in this circumstance to do that.
(Bruce Johnson arrived at 10:08 am)
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2019-1183
Commissioner Stille asked if there is a limit on the number of continuances. Mr. Choate replied no and
added that he recommended the separate applications in order to give them an opportunity to move forward
with one portion of the line while addressing the Town of Eaton's concerns. He said that the applicants are
very interested in moving forward as quickly as possible and statutorily we are required to do that. He
added that the applicant wanted to update their siting study for the southern segment at the request of the
Town of Eaton.
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 USR18-0100 to the June 18, 2019 Planning Commission hearing, Moved by Bruce
Sparrow, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 10:15 am and reconvened the hearing at 12:30 pm.
The Chair announced that all nine (9) members of the Planning Commission are in attendance.
CASE NUMBER: USR18-0111
APPLICANT: REYNALDO RODRIGUEZ
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: 'LOT A CORRECTED RE -1515, PART NE4 SECTION 4, Ti N, R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 52; APPROXIMATELY 0.33
MILES WEST OF CR 43. 5.
Tom Parko, Planning Services, presented Case USR18-0111, 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 requested an amendment to Development Standard
17.
Jesse Stonberg, Baseline Corporation, stated that she represents the applicant. Ms. Stonberg stated that
the request is for semi -truck parking to haul sand and gravel for the oil and gas industry. The employees
will be on site only to pick up and drop off trucks. There will be up to 10 semi -trucks and five (5) employee
parking spaces provided on site.
Commissioner Ford asked if there is any concern with the left-hand turn into the property because there is
a lot of high-speed traffic on Highway 52. Ms. Stonberg said that in conversations with CDOT they didn't
express any concern with the left-hand turn.
Commissioner Sparrow referred to the 10 trucks and five employees and asked the applicant to explain the
difference. Ms. Stonberg said that they have asked about the possibility of increasing the number of
employees in the future. However, she added that the applicant will only have 10 semi -trucks on site.
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Reynaldo Rodriguez, 20649 Highway 52, Hudson, Colorado, said that he currently has six trucks but plans
to buy additional trucks in the future.
Commissioner Sparrow referred to some fatal accidents in the general area and asked the applicant for
their opinion on what is happening. Mr. Rodriguez said from what he has observed, it seems that traffic is
usually in a rush to pass trucks with on -coming traffic. He said that recently there was a stolen car which
passed a semi -truck on the left-hand side and hit an on -coming car. He also mentioned another accident
where a car hit a crane.
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 Staff if there are any changes to the Resolution. Mr. Frissell requested adding the following
sentence "Portable toilets shall be screened from existing adjacent residential properties" at the end of
Development Standard 17.
Motion: Amend Development Standard 17, as requested by Staff, Moved by Gene Stille, Seconded by
Elijah Hatch. 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. Ms. Stonberg requested to make a
correction as the request is for a year-round operation. She added that originally it was mentioned that the
operations would only be from April 1St to September 20th; however, the business will operate year-round.
She said that April 1st to September 30th speaks to the height of the busiest season.
Motion: Amend Development Standard 3 by removing "seasonally from April 1st through September 30th
as requested in the application materials", Moved by Bruce Sparrow, Seconded by Bruce Johnson.
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 USR18-0111 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER: USR18-0117
APPLICANT: LITTLE CALF RANCH, LLC
PLANNER: MAXWELL NADER/DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, (CAFETERIA) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AMENDED REC EXEMPT RE -239, PART SE4 SECTION 2, T6N, R64W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 72; APPROXIMATELY 0.5 MILES EAST OF
CR 57.
Max Nader, Planning Services, presented Case USR18-0117 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.
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Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Ms. Balzano requested to add two development standards from their referral that were not
included in the resolution.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. She added that a retail food license is required and plans were
submitted last November to the consumer protection group; however, it was an incomplete submittal.
Alejandro Acosta, 28545 CR 72, Gill, Colorado, stated that they have addressed the requirements for
commercial restaurant application and the building permit. He added that he needs to submit them to the
appropriate departments.
Commissioner Sparrow clarified if this will only be used for the employees and not open to the public. Mr.
Acosta stated that they will only be serving the employees.
Commissioner Stille asked if it would be operated 24/7. Mr. Acosta said it would only be operated Monday
through Saturday from 5 am to 3 pm.
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 Staff for their suggested changes. Ms. Balzano requested adding two (2) development
standards after Development Standard 26 that read "Any work that may occupy and/or encroach upon any
County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to
commencement". The second development standard should read "The Property Owner shall comply with
all requirements provided in the executed Improvements Agreement".
Motion: Add new Development Standard 27 and 28, as requested by Staff, Moved by Gene Stille,
Seconded by Elijah Hatch. 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 USR18-0117 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 Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER: USR18-0119
APPLICANT: MICHAEL & MARY KRIER, CIO EXPEDITION WATER SOLUTIONS
COLORADO, LLC
PLANNER: TOM PARKO/DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: LOT A OF RECX19-0010, BEING PART OF THE SE4 OF SECTION 25, T9N,
R61W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 100; WEST OF AND ADJACENT TO CR
97.
Tom Parko, Planning Services, presented Case USR18-0119 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.
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Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Ms. Balzano noted that she has some corrections to the resolution to reflect their referral
comments.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Eric Wernsman, Wernsman Engineering and Land Development, 16493 Essex Road South, Platteville,
Colorado, stated that he is representing Expedition Water Solutions. He stated that the applicant is
expanding their operations in Weld County and has gone to great measures to locate areas that have
minimal impact to neighboring properties. The nearest residence appears to be over one mile from this
site.
Mr. Wernsman said that all of the facility's large pumps will be inside the building to assist with noise
reduction. Additionally, the applicant purchases quieter pumps for their facilities at significant increased in
costs. Expedition's existing facilities have been tested outside of the building and have noise levels less
than 50 decibels at 50 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 Staff for their suggested changes. Ms. Balzano requested amending Condition of
Approval 4.A by amending the second sentence to read "This site requires road base or recycled asphalt
on all driving surfaces".
Motion: Amend Condition of Approval 4.A, as requested by Staff, Moved by Tom Cope, Seconded by
Elijah Hatch. Motion carried unanimously.
Ms. Balzano requested deleting Condition of Approval 6.6 as it does not apply to this case.
Motion: Delete Condition of Approval 6,B, Moved by Tom Cope, Seconded by Bruce Johnson. Motion
carried unanimously.
Ms. Balzano referred to Development Standard 13 and requested that "shall" be replaced with "may".
Motion: Amend Development Standard 13, as requested by Staff, Moved by Bruce Sparrow, Seconded
by Tom Cope. 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 USR18-0119 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER: USR18-0113
APPLICANT: CHRISTOPHER & MICHELLE SWANSON
PLANNER: CHRIS GATHMAN/DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (SHOP AND TRUCK PARKING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
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LEGAL DESCRIPTION: LOT A REC EXEMPT RE -4225, PART W2W2 SECTION 14, T7N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 14; APPROXIMATELY 0.8
MILES WEST OF CR 23.
Chris Gathman, Planning Services, presented Case USR18-0113, 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.
Evan Pinkham, 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.
Christopher Swanson, 3801 Royal Drive, Ft. Collins, Colorado, stated that they bought an existing business
previously located five (5) miles west of the subject site. He added that they are relocating their business
to this site. Mr. Swanson said that he operates eight (8) trucks and primarily haul limestone rock into Denver
for cattle feed.
Mr. Gathman referred to the access onto a state highway and noted that CDOT stated that they issued an
access permit and had no further comment on this case.
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 USR18-0113 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 Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
The Chair called a recess at 1:48 pm and reconvened the hearing at 2:00 pm.
CASE NUMBER: USR18-0129
APPLICANT: MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(COMPRESSOR STATION FACILITY) ALONG WITH A 60 -FOOT
COMMUNICATION TOWER AND NO MORE THAN NINE (9) CONSTRUCTION
TRAILERS AND CONEX STORAGE CONTAINERS TO BE UTILIZED
TEMPORARILY DURING THE CONSTRUCTION OF THE FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3128, PART NE4 SECTION 26, T5N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1,600 FEET SOUTH OF CR 54; APPROXIMATELY 2,000
FEET WEST OF CR 47.
Chris Gathman, Planning Services, presented Case USR18-0129, 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.
Commissioner Johnson said he was surprised that the nearest house is 1700 feet away and added that it
seems strange that there are no neighbors who have objected to this case. Mr. Gathman said he measured
the distance from the actual location of the proposed facility and not the property boundary.
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Evan Pinkham, 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.
Matt Norton, Rocky Mountain Midstream, 3601 Stagecoach Road, Longmont, Colorado, stated that they
have performed a baseline noise survey for this site and are in the process of a third -party (Behrens)
performing a noise model of the equipment on site to verify that they will be able to meet the noise
standards. He added that this noise modeling study will be completed and submitted prior to the Board of
County Commissioner hearing. Mr. Norton said that they just completed a post construction and operation
noise survey and it shows that they are having less of an impact than the model identified.
Mr. Norton provided a brief summary of the site plan and the proposed landscaping on site.
Commissioner Ford referred to the proposed combustors and asked if they make any noise. Mr. Norton
said that there is a noise associated with it, however, it is below the required noise standards. Mr. Ford
asked if the compressors will be electric or gas operated. Mr. Norton identified on the visual slide which
compressors will be gas and which compressors will be electric.
Commissioner Johnson asked how far the facility is from the railroad to the south. He further asked if there
is a risk from the sparks from the railroad to any flammable material to cause a dangerous situation. Mr.
Norton said that he believes the facility is far enough away from the railroad to have those risks. He added
that inside the buildings they have fire -eyes so if there is a big light or something inside the building it will
automatically shut the facility down.
Commissioner Cope asked how long it takes for the build -out of the facility. Mr. Norton said that it takes
about six (6) months.
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 USR18-0129 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2019-02
JIM FLESHER/TOM PARKO
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING, AND CHAPTER
29 BUILDING REGULATIONS OF THE WELD COUNTY CODE
Jim Flesher, Planning Services, presented Ordinance 2019-02, and provided a brief summary of the
proposed code changes. Mr. Flesher said that one of the significant changes is to remove Section 23-3-
40.S which allows all listed commercial and industrial uses to locate in the agricultural zone through a Use
by Special Review, as long as the property is not in a subdivision or historic townsite. Additionally, these
proposed changes call out specific uses allowed within subdivisions and historic townsites separately from
those uses allowed in the rest of the agricultural zone. For all zone districts, the revisions will separate out
uses that require a permit from uses by right. While some heavy industrial uses will no longer be allowed
in the agricultural zone, several agriculture -related uses will be allowed through a new administrative zoning
permit process, rather than the two -hearing USR process. Staff will still notify surrounding property owners
within 500 feet of the application. If those property owners raise objections to the proposed use, the
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applicant may have to modify the application to mitigate concerns. If the Planning Services Director does
not feel the concerns have been adequately addressed, the proposal can be brought before the Board of
County Commissioners for its decision following a public hearing.
Mr. Flesher referred to Section 23-3-120.B and said that it contains Group Home Facilities twice; therefore,
he would like to amend it by removing the reference in Number 3 and renumber accordingly. On that same
page and Section, he recommended adding Foster Care Homes and add it also to all the other R, E and
Agricultural Districts to correct an oversight.
The final change is to remove the draft changes under Section 23-2-180 and Section 23-2-190. Mr. Flesher
said that the County Attorney is still working on changes to these and they will be presented to the Board
of County Commissioners as an amendment.
The Department of Planning Services recommends approval of these changes along with the amendments
mentioned.
The Chair asked if there was anyone in the audience who wished to speak for or against these proposed
code changes. No one wished to speak.
Commissioner Cope referred to previous discussions regarding distances of surrounding property
notification and suggested addressing it at a work session with the County Commissioners. The Chair
asked Mr. Choate if he was able to craft some language to address this. Bob Choate, County Attorney,
said that because it was requested he did craft some language and is happy to go over that or it can be
presented at the work session with the Board of County Commissioners.
Commissioner Stille suggested waiting until the work session with the County Commissioners. The
Planning Commission agreed.
Motion: Approve the amendments to Ordinance 2019-02, as presented by Staff, Moved by Michael
Wailes, Seconded by Tom Cope. Motion carried unanimously.
Tom Parko, Planning Director, noted that he will request a work session with the County Commissioners
and send that appointment to the Planning Commission.
Motion: Forward Ordinance 2019-02 to the Board of County Commissioners along with the amendments
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 = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. The Chair
invited Mr. Norton to give them some thoughts on SB 181. Mr. Norton said that he has appreciated
everything that Commissioner Kirkmeyer has presented to the State. He said that SB 181 keeps changing
and has passed out of the Senate. He added that they have had representatives through yesterday to
testify.
Mr. Norton said that SB 181 seeks to essentially put requirements on producers, pipeliners, welders that
may delay projects to the extent that they are no longer cost effective to make it happen. It will have an
extreme detrimental impact to development of oil and gas in Colorado.
Commissioner Stille asked how it will affect the rest of the industry. Mr. Norton said he doesn't think it will
result in a state-wide moratorium but it may result in enough entities essentially regulating gas production
in their jurisdiction. He added that it could require production and not require the midstream part of it, which
is the compression and treating to distribute the oil and gas.
The Planning Commission appreciated Mr. Norton's comments.
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The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:04 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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