HomeMy WebLinkAbout20195070.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 3, 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 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Skip Holland.
Absent: Elijah Hatch.
Also Present: Kim Ogle, Michael Hall, and Jim Flesher, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Environmental Health; Hayley Balzano, Mike McRoberts and Zackery
Roberson, Public Works; Bob Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the November 19, 2019 Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: 1MJUSR19-11-1737
APPLICANT: TROY AND JUDY HEFNER
PLANNER: MICHAEL HALL
REQUEST: A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT USR-1737 FOR A BUSINESS PERMITTED AS
A USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL ZONE
DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES,
FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL
SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL, ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON
A FEE OR CONTRACT BASIS, INCLUDING: FARM EQUIPMENT SALES,
REPAIR AND INSTALLATION FACILITIES, AND ONE (1) ADDITIONAL SINGLE
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE TO ADD A 24
SQUARE -FOOT FENCE -MOUNTED SIGN THAT EXCEEDS THE WELD
COUNTY SIGN CODE BULK REQUIREMENTS AND USES PERMITTED AS A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP
AND OUTDOOR STORAGE FACILITY INCLUDING RVS, BOATS, TRAILERS,
VEHICLES, CONTAINERS, ETC.), 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: E2W2SE4SW4 SECTION 23, TIN, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6; APPROXIMATELY 0.3 MILES EAST OF
THE EAST 1-25 FRONTAGE ROAD.
Michael Hall, Planning Services, presented Case 1MJUSR19-11-1737, reading the recommendation and
comments into the record. Staff receive one phone call from a surrounding property owner who was in
support of the USR. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
The Chair asked Staff if there are any geological hazards on this site. Mr. Hall said there are none. Staff
said there was a mine shaft opening on Lot 6. The Colorado Geological Survey did have comments to
place a structure buffer around the mine shaft opening. Mr. Hall said the old coal mine depths are
approximately 400 ft deep.
Hayley Balzano, 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. Staff suggested removing Development Standard 24 because
it is the same as Development Standard 26.
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Troy and Judy Hefner, 370 County Road 16.5, Longmont, Colorado. Ms. Hefner explained that they would
like to expand their RV storage facility. She said they are keeping the uses the same on the current USR
but adding the RV storage use and amending the contractor shop use.
Commissioner Cope asked if the RV parking area will be paved or gravel. Ms. Hefner said it will be recycled
asphalt or road base gravel.
Commissioner Cope mentioned the Drainage Report that was submitted does not have a date and is not
complete. He asked if this drainage report was for the original USR or for the amended USR. Ms. Balzano
said she would look up the document and discuss in a moment.
Commissioner Cope asked the applicant what they have for drainage on the adjacent property. Ms. Hefner
replied that they have a detention pond on a separate USR and that pond will not have anything to do with
this property. The applicant said they want to use the land across the ditch and pipe water underneath the
ditch for this site. She said she will have to get FRICO's approval and do a water study. Ms. Hefner said
they understand if it is not approved, they will have to put the detention pond on the other side.
Ms. Balzano said the drainage report was submitted for this specific site. Public Works will require a final
drainage report. She said she will defer to Mr. Hall, but it is her understanding that the Planning Department
is not agreeable to have storage on the north side of the canal; therefore, Public Works will require that is
addressed in the final drainage report. Mr. Hall said that is correct and clarified that no commercial or
storage operations will be permitted. He said there is currently not a bridge crossing. Commissioner Cope
asked if storage included water storage. Mr. Hall said that Planning would not have a problem with the
drainage being in that area if it were engineered and the applicant obtained a crossing agreement with
FRICO.
Mr. Choate stated because the FRICO ditch is a deeded ditch, FRICO will have to make the decision as to
whether the applicant gets approval to cross. Mr. Choate said the applicant would need to obtain a crossing
agreement with FRICO and also a license agreement with themselves for use of the north side of the ditch
because that would be a separate parcel that is not in the boundaries of the USR. Mr. Choate said if FRICO
approves the crossing, the applicant will have to work with the County to figure out a way to grant
themselves permission from one parcel to another.
Commissioner Holland asked for clarification on the ownership of the trailer and equipment rental portion
of the project. Mr. Hall explained that the applicant owns all portions of the property. He said the applicant
will lease out the contractor shop to tenants and those tenants will have the option to conduct any of those
uses.
Commissioner Cope asked the applicant if they planned to keep the fence up that is on the east boundary
of their existing RV storage facility or take it down and combine a new fence with the new RV storage area.
Ms. Hefner said they planned to leave the existing fence.
Commissioner Holland asked the applicants if they live on the property. Ms. Hefner said they do not.
Commissioner Holland questioned if the houses were occupied. Ms. Hefner said they have tenants in the
houses. She said they plan to have a caretaker for the RV storage reside in one of the houses.
Ms. Hefner said she had a question about Development Standard 9 that states all vehicles located within
the storage area must be operational with current license plates and tags. No derelict vehicles shall be
stored on site. She wondered if the development standard could be modified to allow some people to store
a vehicle that is not operational and/or does not have current license plates and tags because they just
need a place to store the vehicle until it is operational. Ms. Hefner said they do not allow vehicles that look
like a salvage vehicle with cosmetic damage.
The Chair said it is his understanding that Development Standard 9 is to avoid having a junkyard. Mr. Hall
stated that the applicant's request language does not include a commercial junkyard or salvage yard. He
said based on code, the storage of derelict vehicles would not be allowed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Hefner proposed putting up a solid fence along the neighbor's property instead of vegetative screening.
Mr. Hall said he was fine with that proposal.
Commissioner Stille asked how many derelict vehicles the applicant is proposing to have on their property.
Ms. Hefner responded between 5 — 10 vehicles.
Mr. Hall informed the Commissioners that Lot 7, 8 and 9 of the existing RV storage facility is already
permitted under USR16-0026 for a commercial junkyard or salvage yard. Commissioner Stille suggested
that derelict vehicles be stored on that site. Commissioner Cope agreed that is a reasonable decision.
Mr. Choate said derelict vehicles would not be allowed on this amended USR because a commercial
junkyard or salvage yard would be a new use that has not been requested in the application. The use
cannot be expanded at this point in the application process because it has already been noticed and referral
agencies would not have the opportunity to respond to the new use. Mr. Choate said they do have a site
where they can place derelict vehicles.
Motion: Remove Development Standard 24 as recommended by staff. Moved by Tom Cope, Seconded
by Gene Stille. Motion passed 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 1MJUSR19-11-1737 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 Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Commissioner Stille said that staff did an outstanding job showing compliance with requirements of Section
23-2-220 of the Weld County Code.
Commissioner Wailes stated he concurred with Commissioner Stille. He told Mr. Hall that it has been an
honor working with him the past couple of years and wished him luck in his future endeavors.
CASE NUMBER: USR19-0062
APPLICANT: SALT RANCH, LLC, C/O OUTRIGGER DJ OPERATING LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (FOUR (4)
GAS COMPRESSORS AND RELATED EQUIPMENT), ONE (1) UP TO SIXTY
(60) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER, AND UP TO
FOUR (4) CONSTRUCTION OFFICE TRAILERS AND FOUR (4) CONEX
LOCATED WITHIN A FENCED LAYDOWN YARD FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE.
LEGAL DESCRIPTION: ALL OF SECTION 10, T11 N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 130; WEST OF AND ADJACENT TO CR
57.
Kim Ogle, Planning Services, presented Case USR19-0062, 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. Staff recommended that Condition of Approval 1.B. be deleted because the applicant has
already submitted a final drainage report and certification of compliance stamped and signed by a
professional engineer registered in the State of Colorado.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andrew Perdue, 5424 South Geneva Way, Englewood, Colorado. Mr. Perdue stated he is the Director of
Operations for Outrigger Energy and the operator for the proposed compressor station. Mr. Perdue said
the Bayou Compressor Station will be used to move gas by pipeline from newly drilled wells in the area.
The site will be an unmanned with 1 — 2 area operators performing daily routine checks. Operators will be
able to access and shut down the facility from the manned plant in Briggsdale or any other area that has
access to the Outrigger server. Mr. Perdue said they completed a third -party noise impact study and they
feel confident that the noise attenuation measures will meet all the applicable County code requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Remove Condition of Approval 1.B. as recommended by staff. Moved by Tom Cope, Seconded
by Bruce Johnson. Motion passed 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 USR19-0062 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 Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
CASE NUMBER: USR19-0060
APPLICANT: NGL WATER SOLUTIONS DJ, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE, INCLUDING AN
UNMANNED, PIPELINE ONLY, CLASS II SALTWATER DISPOSAL FACILITY
AND RELATED INFRASTRUCTURE, UP TO FIVE (5) CONSTRUCTION
TRAILERS AND FIVE (5) CONEX CONTAINERS FOR TEMPORARY USE
DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPTION RE -3634, BEING PART SE4 SECTION 16, T6N, R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392; WEST OF AND
ADJACENT TO CR 31.
Kim Ogle, Planning Services, presented Case USR19-0060, reading the recommendation and comments
into the record. Planning staff received correspondence from one surrounding property owner within 500
feet of the parent parcel and two letters from attorneys who represent this same individual with concerns.
The letter outlines concern about environmental impact, specific to contamination of an irrigation water
supply. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Commissioner Ford asked staff how far away the closest house is. Mr. Ogle answered that it is
approximately a quarter of a mile away. He said that the person who wrote the letter, Mr. Leffler, is here
today represented by counsel.
Zackery Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Cope asked staff if the application for the commercial access does not meet spacing criteria.
Mr. Roberson replied that the current agricultural access road is 270 feet from intersection and the minimum
spacing for a local road is 330 feet.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Doug White, Executive Vice President, NGL Water Solutions DJ LLC, 8207 West 20th Street, Greeley,
Colorado. Mr. White said they have over 100 salt water disposal facilities in the United States. He said the
proposed site will be the 13th site in Weld County. Mr. White said this will be a pipeline only facility. He
explained that having pipelines helps keep trucks off the road.
Commissioner Holland asked Mr. White how deep they plan to inject. Mr. White answered that at this site,
they plan to inject 8,000 - 10,000 feet Commissioner Holland asked if there is no potential migration of
the water outside of the pipe going down to the formation. Mr. White explained that the regulations of the
COGCC on Class II UIC wells requires to cement casing from the depths to injection formation to the surface
to protect the ground water. After the injection formation, they finish with a slotted liner to allow the water
to go into the formation.
Commissioner Johnson asked what the noise level is on the compressors. Mr. White explained they have
a metal outbuilding that encases the pumps, filters and electrical room. They have horizontal pumps that
have a larger motor on them. The only noise created is from the motor and the centrifugal force that is
created from the motor and the design of the pump down the barrel. Mr. White said the equipment operating
within the building are very quiet outside the building.
Commissioner Cope asked the applicant if there will be an open pond. Mr. White said there will be a
detention pond for stormwater. He said the produced water comes in via a closed double containment
pipeline into the tanks where the processed oil is skimmed. It is then pulled from those tanks into the pump
building and then injected into the wellhead and down into the hole. Mr. White said they are also planning
containment around the pump building. They do not normally have double containment around pipeline or
around the pump building but are doing it for this location to alleviate concerns with the surface and
groundwater.
Commissioner Cope asked how many tanks will be on the site and what size the tanks will be. Mr. White
said this facility will be half the size of their normal facilities. This site will have 4 system tanks that are 660 -
barrel tanks, 1 gun barrel tank that is an 800 -barrel tank and 1 sand tank that is an 800 -barrel tank.
Commissioner Ford asked if the water is brought in under pressure. Mr. White said it is under 120 psi, so
not under high pressure. Water is pressurized at the production facility locations.
Commissioner Ford asked how the oil is removed. Mr. White explained that inside the gun barrel tank,
there are "umbrellas" and other mechanical means that knock the oil away and the oil rises to the top. A
skim line takes the oil into an oil tank. Mr. White said he failed to mention the site will have 2 oil tanks that
are 300-barrell tanks. From the oil tank, the oil is picked up by truck. Mr. White said they do not expect
much oil at a piped only facility.
The Chair asked the applicant how the solid waste from the sand tank is handled. Mr. White said for a
facility this size, he would expect a vac truck to come in every 4 months. The solid waste is then taken to a
waste management facility. Mr. Wailes asked if the applicant will be able to sell the petroleum product. Mr.
White answered yes.
Commissioner Holland asked the applicant if they have any waste on site that must be treated as
hazardous. Mr. White said by the EPA standards, it is exempt waste. He said they have basic biocides and
basic scale inhibitor that is added to the water in small amounts that are injected along with the water into
the well bore. Mr. Holland asked if the facility must maintain Resource Conservation and Recovery Act
(RCRA) permitting requirements. Mr. White said their well is operated under RCRA as administered by the
COGCC. Buffalo Ridge is certified to take RCRA exempt waste at their facility.
Commissioner Johnson asked what is in the water that makes it unusable. Mr. White explained that less
than 1% of the constituents in the water are related to frack chemicals. When the water goes into the
formations, it picks up a lot of salt.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Maria Petrocco, Petrocco Associates, Oil and Gas Attorney representing Leffler, 8704 Yates Dr #100,
Westminster, Colorado. Ms. Petrocco stated that the Leffler farm is located directly south of the proposed
facility. She said that Mr. Leffler has underground water irrigation easements that date back from 1940.
Ms. Leffler said they are not sure of the exact locations of the water drains. The water flows to the southeast
corner, goes under the road, and then to Mr. Leffler's farm. Ms. Petrocco voiced concern that the proposed
detention pond will obstruct the flow of the water to Mr. Leffler's well. She said that one of the Conditions
of Approval is that Mr. Leffler agree and approve the conductor structure of the well. Ms. Petrocco said
they can't agree to this because they don't know if the conductors will protect the water, if there will be
water contamination or the liability of changing the flow of water. She said she sent a letter of objection to
Mr. Ogle on October 14, 2019, emphasizing some of the points she is making today. Ms. Petrocco said
that NGL has spent a considerable amountof time visiting with her and Mr. Leffler regarding the proposed
construction of the injection wells but doesn't feel there has been enough information for the applicant to
make a determination if it will affect the irrigation water flow and location of water tiles. She said that the
predecessor of land title before NGL was Owl Creek LLC. Ms. Petrocco said they dealt with Owl Creek
and their attorneys to advise them that there were these easements on the parcel.
Commissioner Johnson asked the applicant if the predecessors did any research on where the water tiles
are. Ms. Petrocco said that she does not know about Owl Creek, but NGL did some potholing and said
they had a hard time finding an area without water. On the area where NGL is planning on placing their
building, no water was found. Commissioner Johnson explained an engineer should be able to figure out
the flow of the water.
Commissioner Holland asked if the underground easements are defined on record. Ms. Petrocco said they
have a copy of the recorded easement, but it does not identify where the water lines are located.
Commissioner Holland asked Ms. Petrocco is she is aware of any geologic or hydrologic study being
performed on the property that would support her concern. Ms. Petrocco said she isn't sure if it is a
hydrological study but about the flow of water patterns. Commissioner Holland asked how deep the ground
water is in that area. Ms. Petrocco said the drain tiles are 5 feet deep.
Ryan Donovan, Lawrence, Jones, Custer and Grasmick Attorneys, 5245 Ronald Reagan Blvd, Suite 1,
Johnstown, Colorado. Mr. Donovan is Mr. Leffler's water counsel. Mr. Donovan said his comments will
reflect the letter sent to Mr. Ogle by him and Mr. Grasmick in October (2019). Mr. Donovan said the tile
pipeline was decreed as the Badger Sump in Civil Action 11217. It is a legally protected interest that Mr.
Leffler has. Mr. Donovan said the source of that decreed water is collected in Sections 15 and 16 of NGL's
property for Mr. Leffler's use. He said the amount of water was decreed for 2.7 cubic feet per second. Mr.
Donovan is concerned that the construction of the proposed facility could cause physical damage to the tile
drainage system. Mr. Donovan voiced concern that the construction of any impervious surface materials
could reduce the quantity of water collected by the tile drain. He said they have substantial water quality
concerns particularly with the leakage of the pond on the southeast corner. It is his understanding the tile
drains run in the area the detention pond is supposed to be located. Mr. Donovan stated that it is Mr.
Leffler's right to access the water tiles if necessary, to operate, maintain, or repair his infrastructure. Mr.
Donovan said at this time, they cannot support this application because these issues have not been
investigated to the applicant's satisfaction by NGL. He is asking the Planning Commission to request that
NGL study these issues and come back with further information.
Commissioner Ford asked Mr. Donovan if the proposed site is supposed to remain bare land because of
the rights to the water. Mr. Donovan replied any future development would be subject to that decree. He
has seen in other cases, a right of way or some kind of drainage system that puts that water back into its
natural course above the upstream point of diversion.
Commissioner Beck asked how many acres the triangular portion on the map is. Mr. Donovan said
approximately 7 — 8 acres.
Commissioner Ford asked out of the 7 acres, is the development portion about 3 acres. Mr. Donovan said
that would be a question for NGL.
Commissioner Stille asked Mr. Donovan if he knew where the drain tiles are located. Mr. Donovan said he
is not aware of the locations nor how many there are. He would estimate there are 6 — 8 tiles.
The Chair asked Mr. Donovan if he feels an agreement can be met. Mr. Donovan said yes but before the
application is approved, they would like to request NGL does further studies.
Donn Leffler, 14492 Highway 392, Greeley, Colorado. Mr. Leffler stated he felt his council presented his
concerns really well.
Commissioner Cope told Mr. Leffler that he appreciated he came before the Board because it shows that
he is concerned.
Commissioner Holland asked Mr. Leffler how frequently he runs his irrigation well. Mr. Leffler said usually
starts irrigating the first part of May and runs through October. Commissioner Holland asked if there is
water in his well year-round. Mr. Leffler said there is. He said if he doesn't use the water, it continues to
flow eventually into the Cache la Poudre River.
Commissioner Johnson mentioned that this situation could be resolved through civil engineering.
Commissioner Stille asked Mr. Leffler how deep his irrigation well was. Mr. Leffler said he would estimate
25 feet deep.
Whitney Phillips, 1319 East Prospect Road, Fort Collins, Colorado. Ms. Phillips said she is an attorney who
is representing the Cache la Poudre Water Users Association. The Association is concerned about the
quality and quantity impacts that could affect all major water users along the Cache la Poudre River. She
said the impacts from contamination could be devastating for water users. Ms. Phillips voiced concern that
the Association did not receive an official notice of this project. She said a board member from the
Association happened to hear about this application.
Commissioner Wailes asked Ms. Phillips if the Association normally receives referrals on these types of
projects. Ms. Phillips said they do not.
Ms. Phillips said that the Association and herself would like to be provided with further information from
NGL that address all the water concerns. She said they would like an opportunity to have an engineer
review not only the injection well but the potential impacts if it fails in some way.
Commissioner Beck asked staff how the Association could receive referrals. Mr. Ogle replied that the
Association will need to send a notice to the Planning Department requesting to be added as a referral
agency. They will need to explain who they represent and contact information. Mr. Ogle said a referral
was sent to the closest water agency, the Greeley #2 Canal and did not receive a response back.
The Planning Commission discussed they do not feel there is a problem with the actual injection well that
would need to meet all requirement of the COGCC, but the issue is with Mr. Leffler's water rights.
The Chair asked staff if Development Standard 16 cover the concerns of the public. Mr. Robinson said the
County can request additional engineering and would need to do further research.
Mr. Choate said in his experience in looking over these types of cases, this standard addresses stormwater
runoff not irrigation facilities. He said when they are doing calculations for stormwater runoff, they are
looking at the site itself. In this case, we are talking about a couple of sections where water is being
conveyed through the site. Mr. Choate does not think the Urban Storm Drainage Manual or County Code
addresses this issue.
Commissioner Beck suggested a new development standard be added to address this issue and that the
applicant is responsible.
Mr. Robinson said he received information that ground water would be reviewed by the Department of
Water Resources.
Mr. White said he wanted to remind everyone that this is a Weld County Land Use Hearing. The COGCC
has primacy over anything subsurface with disposal wells and they have a process of which they follow to
maintain approval for permits for ongoing use and monitoring of the subsurface. He said that the volume
and quality of Mr. Leffler's water is of the highest priority. Mr. White said NGL owns 7 acres of property and
they want to be able to develop their land. He said that the drainage pond is a Weld County requirement
and has nothing to do with NGL's operations nor the wastewater.
The Chair said it was his understanding from the public comments, that they are concerned about the
physical structure of the pond interfering with the drainage tiles, not contamination.
Mr. White said that water rights are different from easement rights. He also said no one knows what the
actual water flow is calculated at today, although it was decreed as 2.7 cubic feet per second in 1940.
Matt Kilker, Vice President of Engineering for NGL, 3773 Cherry Creek North Drive, Denver, Colorado. Mr.
Kilker said they hired a hydrovac service that found wood -slated drain tiles from 5 to 8 feet deep. The tiles
that were found are located south of the proposed building. Mr. Kilker said they understand there could be
more tiles on the property that were not found. The injection well site will be 40 feet away from any
subsurface structure. Mr. Kilker said that during construction of the facilities and the well, they would
provide additional rig matting that would cover the area to protect the drain tiles. They plan to add additional
liner to the outside of a steel -cased cement that would extend below Mr. Leffler's tile arrangement. Mr.
Kilker explained that the tank containment will house the majority of the fluid on site. He said the COGCC
defines the containment requirement to be of a concrete structure that would house the volume of fluid in
the event that there was a tank rupture or a release of any sort of volume from that facility. Mr. Kilker said
they want to protect the tank beyond the concrete structure and will add two additional 60 mil liners below
the structure and they will have the ability to monitor any release that could happen in that structure.
The Chair asked Mr. Kilker if NGL has been in communication with Mr. Leffler and his attorneys. Mr. Kilker
said that they arranged a meeting with Mr. Leffler, Ms. Petrocco and two representatives from the COGCC
at Mr. Leffler's residence. They explained the design of both the redundant containment on the tank farm
itself, the additional casing requirements that they will supply, and the additional rig matting that will be
provided to protect the underground tiles.
Mr. White stated they have worked to try and find the locations of the drain tiles. NGL has requested that
Mr. Leffler and counsel substantiate the easements and the location. Mr. White said typically, they receive
a plat with the actual easements. He it would be very helpful in this case. Mr. White said if Mr. Leffler and
his team could identify the drain tiles and the volume, NGL would be happy to take on the liability and
commitment to not conflict with the quality or quantity of his water.
Commission Beck stated that there is a decree that states a certain amount of water will be delivered to the
Leffler Farm. He said he doesn't feel that it is the farm owner's responsibility to find out where the tiles are.
Mr. Beck said he thinks it should be NGL's responsibility because they own the property and it is their
project that may interfere with those flows.
The Chair said a new Condition of Approval should be added and asked Mr. Choate for his assistance.
The Planning Commission discussed different facts they thought should be included in the language.
The Chair called a recess at 3:34 pm so that Mr. Choate and Mr. Roberson could discuss the
recommendation of language for a new Condition of Approval.
The meeting reconvened at 3:46 pm.
Mr. Choate said the Board could add a new 1.C. that states "The Property Owner shall provide a final
Engineering Report and Certification of Compliance stamped and signed by a qualified Professional
Engineer registered in the State of Colorado, which shall demonstrate that the quantity and quality of
decreed subsurface water flow across the site to the southern property owner will not be injured."
Motion: Add Condition of Approval 1.C. as recommended by staff. Moved by Tom Cope, Seconded by
Richard Beck. Motion passed 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 USR19-0060 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 Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Commissioner Cope said that in his opinion the applicant met the 7 requirements in Section 23-2-220.
Commissioner Johnson indicated he had a previous appointment and requested to be excused. He left at
3:50 pm.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2019-18
JIM FLESHER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS,
OF THE WELD COUNTY CODE
Jim Flesher, Planning Services. Planning staff is asking for recommendation of approval on a resolution
regarding Ordinance 2019-19, which contains amendment to three sections in Chapter 23 and two sections
in Chapter 26. Mr. Flesher told the Planning Commission that the changes were described in the staff
memo that was presented during today's lunch meeting.
Commissioner Stille stated that staff has done a superb job of research and explanation to the Board.
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.
Motion: Approve the amendments to Ordinance 2019-18, as presented by Staff, Moved by Gene Stille,
Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson.
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 3:54 pm.
Respectfully submitted,
c L '.
Michelle Wall
Secretary
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