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HomeMy WebLinkAbout20190656.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 5, 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 10:05 am. Roll Call. Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent/Excused: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Hayley Balzano and Mike McRoberts, Public Works; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 15, 2019 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Gene Stille. 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 of this case to the March 19, 2019 Planning Commission hearing to work with stakeholders and address concerns from the Town of Eaton in their referral. 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 March 19, 2019 Planning Commission hearing at 10:00 am, Moved by Tom Cope, Seconded by Elijah Hatch. 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. CASE NUMBER: MINF18-0001 APPLICANT: JOHN & KIM PENCE PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED FINAL PLAN TO MODFY CONDITIONALLY APPROVED MINOR SUBDIVISION, S-588 (IVY CREST), TO REDUCE THE NUMBER OF LOTS FROM FIVE (5) TO THREE (3) ALONG WITH MODIFYING THE ACCESS INTO THE MINOR SUBDIVISION. 1 Comr-wrI%c.ozk'ofS 211311 at 2019-0656 LEGAL DESCRIPTION: LOT A AMD REC EXEMPT RE -2151, PART E2 SECTION 21, T3N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 19 AND APPROXIMATELY 1,800 FEET NORTH OF STATE HIGHWAY 66. Chris Gathman, Planning Services, presented Case MINF18-0001, reading the recommendation and comments into the record. Mr. Gathman said that this original application was approved on July 18, 2001 by the Board of County Commissioners. He added that the application was never finalized or submitted the plat for recording. This application was submitted by a different property owner and has since been purchased by the new applicants, John and Kim Pence. The applicants would like to reduce the number of lots from five (5) to three (3) lots and then they are also requesting a waiver to allow one additional access point into the PUD (Planned Unit Development). Mr. Gathman identified the existing access and the proposed access into the proposed development. Mr. Gathman noted that the surrounding property was originally owned by the previous applicants as well, however, new separate owners have purchased the north and west lots since 2001. There is an existing access on the north end of the parcel that also accesses the property to the north, along with an oil and gas production facility to the west. He also identified a USR (USR-1040) on the property east of and adjacent to the proposed site that has an onion warehousing and hauling business. That USR was in place when the original application occurred. At the time of initial submittal, there were concerns of this business regarding the noise from late night traffic with trucks backing out of the property all hours of the day. The original minor subdivision indicated an Outlot A for the purpose of a berm along with landscaping to mitigate the impacts of the development. One of the purposes of this berm and landscaping was to screen the residences on the property from this business. Mr. Gathman noted that Staff left this condition in place as it was a concern discussed in the land use hearings for the original minor subdivision. Mr. Gathman stated that the surrounding property owners have been notified of the changes and no concerns or comments were submitted. Mr. Gathman said that there is a ditch that runs through the property. He added that the applicants have indicated that the ditch is silted in and does access the property to the south, which is under separate ownership. Mr. Gathman further added that the applicants would be amenable to a condition that they would be willing to relocate the ditch so that it runs along the edge of the property rather than across the property. The Department of Planning Services recommends approval of this application with the attached conditions of approval. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ms. Balzano stated that the proposed southern access to the site does not meet spacing requirements for a paved collector roadway; therefore, Staff is requesting that the applicant move the proposed access point south a little to meet the spacing requirements with existing accesses. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, and on - site dust control. Ms. Light recommended to delete Condition of Approval 1.Q.6 as it is a duplicate to 1.Q.5. Kim Pence, 15649 CR 17, Platteville, Colorado, stated that they would like to relocate the ditch if they can. She added that she has talked to the neighbor that stated they use the ditch; however, after talking to him they are willing to relocate the ditch. Commissioner Cope referred to the shared existing access and clarified if the 30 -foot easement across the applicant's property is for the property owner to access into the property west of the subject site. Ms. Pence replied yes. Mr. Cope referred to the application as it identifies a 10 -foot easement along the northwest portion of the subject site. He added that a 10 -foot access seems small to access another property and thought it should be enlarged to at least a 20 -foot easement. Commissioner Cope asked the applicant if they are processing the onion across the street. Ms. Pence could not answer if they were or not. Mr. Cope said that originally there was a berm set up along there to shield these lots from potential noise and nuisance issues and not this proposal does not include that berm. He asked if this will create a problem for the people purchasing the lots and asked if it would still be wise 2 to have a berm there. Ms. Pence said that when they bought the property there was a clause regarding the Right to Farm statement and she wants to have that. She added that if potential buyers don't like it then they don't have to purchase the lots. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Arthur Maestas, 14151 CR 19, stated that he owns the land to the south and west of the proposed development. He added that he owns the ditch ties into the ditch that runs through her land. It is an engineered concrete ditch used specifically to water all of the land there. If it is relocated, it is an engineered ditch, so it needs to flow properly as the property is flat. He added that the access needs to be open so that the farmers have access to the ditch water. Mr. Maestas said that the traffic goes fast and is concerned with the possible bus stop. The Chair referred to Condition of Approval 1.D regarding the identification of the buss pull -off on the plat and added that the applicant must get written evidence from the RE -1 School District that one will not be required. Commissioner Holland asked if the applicant intends to relocate the ditch. Ms. Pence replied that they would like to relocate it and added that if they need to raise it for Mr. Maestas they are willing to make it work. She added that the ditch running through her property has broken concrete and wouldn't' be feasible for where it is located on her site. Commissioner Sparrow asked if there is an easement for the ditch. Mr. Gathman said that he was not able to find a documented easement of record and no easement information is indicated on the minor subdivision plat map. Commissioner Beck asked the applicant if she understands that she will be responsible for relocating the engineered ditch. She replied yes. Commissioner Cope referred to the second proposed access and asked Staff how far does the proposed access need to be within the spacing requirements. Ms. Balzano said that it is hard to tell from the drawing because they didn't show the location of the existing southern onion facility access, however, she guessed approximately 40 feet. Ms. Balzano said that she would confirm that distance prior to the Board of County Commissioner hearing. Mr. Cope said that it might be a significant amount of distance that it might affect the lots lines or reconfiguring the access into the property. Chris Depaulis, 2436 Cheviot Drive, Fort Collins, Colorado, stated that if they have to move to the south then an easement across one of the lots would be required. Commissioner Beck said it seems that it would be reasonable to request a variance so they don't have to replat their lots. The Chair asked the Planning Commission if they were in favor of removing Condition 1.Q.6. The Planning Commission stated that they were in favor or deleting Condition of Approval 1.Q.6. The Chair asked Staff if there was language that we could add for the protection of the ditch. Mr. Gathman suggested adding a Condition of Approval Prior to Recording that reads "The applicant shall provide evidence that the ditch has been relocated". He added that there is no record of an actual easement of the ditch. The Chair asked the County Attorney for any recommendations. Bruce Barker, County Attorney, said that it is probably a prescriptive easement to run water along that ditch. He added that the problem is that the ditch owners may not agree to moving it or they may agree to relocating it, but the engineering is such that it cannot be moved. He is concerned that the creation of these lots cannot happen until the ditch issue is resolved and that might not be something that is feasible. He added that it gets down to what the applicants want to do with their property. If they want to build something where this ditch is going to be then they will have to figure out how to move it if they can or if they cannot move it that dictates what they can do on their property. He said that he is not sure that a condition needs to be put in to deal with that. Commissioner Sparrow said that they can install a pipe underground. 3 Mr. Gathman noted that in the original application there were building envelopes identified on the lots and offered as a possible condition of approval that building envelopes be indicated or provide evidence that the ditch has been relocated. Commissioner Beck agreed with Mr. Barker and added that the applicant should know that it is a serious problem. Commissioner Holland asked what responsibility the County has for approving something that isn't feasible. Mr. Barker said that there is no requirement that the County has to create this lot just so it can be built upon. He added that it is up to the applicant to determine what they can do with the property. Commissioner Sparrow agreed that it is for the applicant to resolve the ditch issue. The Chair asked if there are any other changes to the Resolution. Mr. Gathman requested that a new Condition of Approval 1.P.6 be added to read "The Lots shall be relabeled to Lots 1, 2 and 3". He added that currently they are labeled as Lots A, B and C and that is similar to recorded exemptions so to avoid confusion Staff requests that they be relabeled. Motion: Add Condition of Approval 1.P.6, as recommended by Staff, Moved by Tom Cope, Seconded by Richard Beck. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case MINF18-0001 to the Board of County Commissioners along with the amended Conditions of Approval 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 = 8). Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Commissioner Hatch agreed with Staffs recommendation. CASE NUMBER: USR18-0073 APPLICANT: MARK SLOAN AND EVAN & TARA MARCELLUS PLANNER: MICHAEL HALL REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (HVAC REPAIR) AND ONE (1) SINGLE- FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: PART N2 SECTION 32, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 2.5 AND APPROXIMATELY 0.48 MILES WEST OF CR 29. Michael Hall, Planning Services, presented Case USR18-0073, 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. Commission Sparrow asked if the second home is on a permanent foundation. Mr. Hall replied that it is not. He added that the second home has not obtained building permits and it is a concern of the Building Department. He further added that it will need to comply with the 2018 Residential Code. Commissioner Sparrow noted the drums stacked on site and asked if they are empty or what might be in them. Mr. Hall said he does not know what it in the containers and added that he didn't see any visible leaks. Commissioner Wailes asked if the structure that the yurt is attached to is in compliance with the Building Code. Mr. Hall said that it is considered a second dwelling and can be permitted that way; however there 4 have been no building permits for this structure to date. He added that it is included in the Conditions of Approval. 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, noise standards, and the Waste Handling Plan. Commissioner Wailed referred to the photos presented by Staff and asked if the RV on site is being live in. Mr. Hall said that it didn't appear to be lived in but deferred that question to the applicant. He added that the applicants did receive a Zoning Permit for a Mobile Home (ZPMH18-0012) approved in May of 2018 to be used for the temporary use during the construction of a residence. Tara Marcellus, 13507 CR 2.5, Brighton, Colorado, stated that they inherited this property and the noncommercial junkyard was part of that inheritance. She added that they have been working to clean up the property and screening on site. Ms. Marcellus stated that the main residence has been on site since 1906 and the smaller stick frame building that they attached the yurt to has been on site since the 1980s and was never permitted. She added that the yurt is set on a deck. Ms. Marcellus stated that in the original application they had planned for a screened area that is larger than what they are currently planning. She added that they will change the map as needed for that. Commissioner Wailes asked who is living in the primary residence. Ms. Marcellus said that she moved from the yurt into the main residence and Mark Sloan is currently living in the RV until approval of the building permits for the yurt are obtained. Commissioner Cope asked how they are getting rid of the inherited material on site. Ms. Marcellus said that a lot of the commercial vehicles and the scrap metal have been cleared. There are piles of trash and debris left but they will continue to clean those areas up. She added that any remaining vehicles will be placed in the screened area of the property. 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 USR18-0073 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 Gene Stille, Seconded by Elijah Hatch. 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. Commissioner Cope agreed that the applicant has met all of the criteria in Section 23-2-220 and also agrees with Staffs recommendation. Commissioner Hatch agreed with Staffs recommendation and stated that the applicant has complied with Section 23-2-220 of the Weld County Code. The Chair called a recess at 11:32 am and stated that the hearing will reconvene at 12:30 p.m. CASE NUMBER: USR18-0094 APPLICANT: KERR MCGEE GATHERING, LLC PLANNER: MICHAEL HALL REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR TWO (2) GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINES (9.86 MILE 24 -INCH HIGH PRESSURE NATURAL GAS 5 PIPELINE ORIGINATING AT THE SAINT VRAIN COMPRESSOR STATION AND TERMINATING AT THE LATHAM CRYOGENIC PROCESSING PLANT AND A 2.36 MILE 16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE ORIGINATING AT THE HAMBERT COMPRESSOR STATION AND TERMINATING AT THE LATHAM CRYOGENIC PROCESSING PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 15, 10, 11, AND 12, T3N, R67W AND SECTIONS 7, 8, 9, 10, 2, 3, AND 1, T3N, R66W AND SECTION 36, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: GENERALLY LOCATED NORTH OF CR 34; EAST OF CR 19; SOUTH OF CR 40, VVEST OF CR 37. Michael Hall, Planning Services, presented Case USR18-0094, reading the recommendation and comments into the record. Mr. Hall noted that there is a revision in the pipeline route between the Latham and Hambert facilities and is in an internal revision within one parcel along with route. He added that the revision did not require any additional surrounding property owner or referral agency notice and no additional parcels or rights -of -way were impacted by this revision. The revision was at the request of the property owner to go around existing irrigation pivots. 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 roadways that will be crossed, the access and right-of-way permits, and added that a Road Maintenance Agreement will be required during construction. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the requirement of an Air Emissions Permit if more than 25 acres are disturbed. Samantha Petite, 1099 18th Street, Denver, Colorado, stated that the Lancaster processing plant was historically the main point for processing the natural gas in this area, however as their operations moved further north they had the need for the Latham processing plant, which was just recently approved. The purpose of this pipeline is to connect the St. Vrain compressor station and the Hambert compressor station to the Latham processing plant where product can be piped in and processed and ultimately sold to the public. Commissioner Wailes asked how far they are in the process of securing easements. Mr. Hall replied that they have obtained 100% of their easements. 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 USR18-0094 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 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. CASE NUMBER: USR18-0091 APPLICANT: B&A TRUST, C/O KITZMAN ELECTRIC, INC. PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A. AND A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AN ELECTRIC CONTRACTOR BUSINESS) 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 B REC EXEMPT RE -80; PART SE4SE4 SECTION 34, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. 6 LOCATION: NORTH OF AND ADJACENT TO CR 38 AND WEST OF AND ADJACENT TO CR 33. Kim Ogle, Planning Services, presented Case USR18-0091, 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. Mr. Ogle noted that Staff is requesting two (2) amendments to the Planning Commission Resolution. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ms. Balzano added that the existing access widths do not meet the Code criteria. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light requested the addition of "Portable toilets shall be screened from public view" to the last sentence in Development Standard 20. The Chair asked Mr. Ogle for his suggested changes to the Resolution. Mr. Ogle requested to include a new Condition of Approval 1.B.7 to read "The applicant shall delineate the screened outdoor storage area for electrical contractor's equipment and materials including company vehicles" and renumber accordingly. The second request is to add a new Development Standard 7 to read "The visual mitigation and screening on the site for the electrical contractor's equipment and materials including company vehicles and port -a - let shall be maintained" and renumber accordingly. Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that he is representing the applicants. Mr. Naylor said that this request is for an existing business operating on the site since 1979. It includes a shop for the Kitzman Electric Facility that would have an office, storage area and parking of company vehicles. He added that the request is also for a second single-family dwelling that is part of one of the existing shops located on site. Mr. Naylor said that the 10 full-time employees will arrive in the morning and then leave for the day. There will be one (1) part-time office employee at the shop during the day. 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 recommended changes to the Resolution by Staff. Mr. Ogle read the changes into the record. Motion: Amend the Resolution to include the changes recommended by Mr. Ogle, Moved by Elijah Hatch, Seconded by Gene Stille. Motion carried unanimously. Motion: Amend Development Standard 20, as recommended by Ms. Light, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion carried unanimously. Commissioner Wailes referred to Development Standard 3 which set the hours of operation from 7 am to 7 pm Monday through Saturday, but there is a contingency with emergency cals 24 hours a day, 7 days a week. He is concerned that it is loosely defined. He asked if this is adequately stated. Mr. Naylor said that the last County Commissioner hearings he has attended they have actually removed that condition because of the intent that there is an emergency outside of the hours of operation and then they would be in violation of that. He said that they are in support of stating that it is a 24/7 operation or striking the development standard. Bruce Barker, County Attorney, said that if you want to make it clear that it is 24 hours a day, 7 days a week, then what is currently stated covers that. 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. 7 Motion: Forward Case USR18-0091 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 Sparrow. 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, Torn Cope. The Chair called a recess at 1:10 pm and reconvened the hearing at 1:15 pm. CASE NUMBER: USR18-0087 APPLICANT: GARY & NORMA SMITH, C/O EXPEDITION WATER SOLUTIONS PLANNER: ANGELA SNYDER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY); INCLUDING AN 8,000 SF PUMP BUILDING, BRINEWATER TANK CONTAINMENT AREA, 300 GALLON DIESEL TANK, 12 -INCH PRODUCED WATER PIPELINE, AND TWO CONSTRUCTION TRAILERS FOR USE DURING CONSTRUCTION IN THE AGRICULTURE ZONE DISTRICT LEGAL DESCRIPTION: LOT A OF RECX18-0175, BEING PART OF THE SE4/N2SW4/S2NE4 SECTION 2, T11N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 71; NORTH OF AND ADJACENT TO CR 132. Angela Snyder, Planning Services, presented Case USR18-0087, 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. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ms. Balzano recommended removing Condition of Approval 1.B as the applicant has submitted a final drainage report detention and design. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Eric Wernsman, 16493 Essex Road South, Platteville, Colorado, stated that he is representing the applicant, Expedition Water Solutions. He said that Expedition Water Solutions is expanding its operations further into Weld County and are picking sites that have minimal impact to neighboring properties. The nearest residence is nearly one (1) mile away from the subject site. Mr. Wernsman stated there will be 80x100 steel building that will contain the office area and injection pumps. All the large pumps will be located inside the building to keep the noise down. Mr. Wernsman noted that Expedition Water Solutions purchases the quieter pumps at their facilities which have been tested outside of the building and have noise levels less than 50 decibels at 50 feet away from the building. Mr. Wernsman stated that it is anticipated that a pipeline will be constructed in the next year to reduce the amount of traffic stated in the application. Commissioner Holland asked how many oil and gas wells will be serviced by this facility. Jim Goddard, Expedition Water Solutions, 2015 Clubhouse Drive, Greeley, Colorado, said that there are two (2) operators that will drill approximately 80 wells in that area. 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 suggested change to delete Condition of Approval 1.B. Motion: Delete Condition of Approval 1.B, Moved by Elijah Hatch, Seconded by Bruce Sparrow. Motion carried unanimously. 8 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 USR18-0087 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 = 8). Yes: 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. 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 1:30 pm. Respectfully submitted, °/'` flL Ai .m, Kristine Ranslem Secretary 9 Hello