HomeMy WebLinkAbout20191025SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 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 12:30 pm.
Roll Call.
Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland.
Absent: Bruce Sparrow, Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, and Maxwel Nader, 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 Michelle Wall, Secretary.
Motion: Approve the February 5, 2019 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Lonnie Ford. Motion passed unanimously.
CASE NUMBER: USR18-0067
APPLICANT: ADAM HILTON AND LASHAWN LAGUARDIA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: S2 LOT 11, BLOCK 1 JO ANN SUB; PART OF SECTION 26, T1 N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO BAILEY DRIVE AND APPROXIMATELY 445
FEET NORTH OF CR 4.
Chris Gathman, Planning Services, explained this case originally went before the Planning Commission on
December 18, 2018. The applicant was not able to attend the hearing. The recommendation of denial from
the Planning Commission was presented to the Board of County Commissioners on January 16, 2019. The
Board of County Commissioners directed staff to remand the case back to the Planning Commission.
Planning staff sent out new notices, republished the notice and reposted a sign. Mr. Gathman presented
Case USR18-0067, reading the staff recommendation for denial and comments into the record. Staff stated
that this application had been submitted in response to a zoning violation (ZCV18-00066). Mr. Gathman
stated that the applicant submitted an updated application in January and has been submitted as part of
the record. Staff received one letter of objection, one petition of objection signed by seven property owners
and tenants of nearby properties, and one phone call from a nearby property owner who requested to
review the application before the December 18, 2018 Planning Commission Hearing. Staff has received
two subsequent letters that were expressing support for the application that were submitted after the
December 18t'' Hearing. The Department of Planning Services recommends denial of this application with
the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light stated they would like to amend Development
Standard 17 to add "portable toilets shall be screened from public view". She also stated they would like
to amend Development Standard 14 to read "Residential Zone" noise levels instead of "Commercial".
The Chair called a recess at 12:54 p.m. and reconvened at 1:10 p.m.
Brian DeBauche, 401 Kalamoth Street, Denver, Colorado, stated he is the attorney for the business. Mr.
DeBauche stated that Adam Hilton, the property owner has lived on the property for over 11 years. Mr.
DeBauche explained that in the past, Mr. Hilton has been a participant at Colorado National Speedway
racing various classes of vehicles. Mr. DeBauche said there is a community of race car drivers that have
met at the applicant's home to work on the ears, take cars to the track or meet up to have barbeques. He
explained that last summer their children raced go karts that had lawn tractor engines in them. Mr.
C. Mr j 1CAkt&nS
3/I3/I9
2019-1025
DeBauche assumes that some of the noise caused from these get togethers is what may have caused
some of the noise complaints from the neighbors. He said the noise from these vehicles or go carts would
have not exceeded the residential noise levels.
Mr. DeBauche explained that they work on higher performance vehicles, street performance vehicles, and
occasionally a race car every now and then. The applicant does things such as frameup rebuilds and engine
replacements. He said they have another location that they take projects to when they will exceed
residential noise levels. They have a shop located outside of the County that they take automobiles to for
tune-ups and engine testing.
Mr. DeBauch said that Mr. Hilton has a full-time job at Jackson's Automotive in Northglenn. Mr. Hilton
works on high performance vehicles at his home on occasion and after his regular full-time job. Mr.
DeBauch said they never realized that neighbors had a problem with the noise levels until after they applied
for the USR and heard the complaints. He said they never had a Sheriff's officer come out for a noise
complaint. Mr. DeBauch said that now that they know the neighbors have an issue with the noise, they
have immediately worked to decrease the noise coming from the property. He explained that the applicant
uses hand tools, not air tools, and keeps the 40' x 60' shop door closed while he is working on his projects.
Mr. DeBauch said he feels that the business meets all the conditions of approval and development
standards required by the County.
Commissioner Ford mentioned that at the December 18th Planning Commission Hearing, they heard
complaints about noise. Commissioner Ford asked if they did open muffler engine testing in the past. Mr.
DeBauch said he thinks the complaints were because of the noise from the go karts. Mr. DeBauch also
stated that they do not drive dirt bikes on the County road. Commissioner Ford asked if the go karts are
part of the business or if they are a hobby. Mr. Hilton replied the go karts are for personal use for the kids.
Commission Ford asked if the business does any work on motorcycles. Mr. Hilton replied no, but his child
has a mini bike. Mr. Hilton explained that in the past he built two large big -blocked blown engines for a jet
boat and ran the engines for about 45 seconds. Mr. Hilton explained he will never do that kind of a project
on his property again. The boats and his personal vehicles did not have anything to do with the business.
Mr. Hilton said he is on the Rules Committee at the Race Track, so he knows the importance of following a
noise decimal rule in Weld County. He explained he never races his business vehicle on the property; The
engines are started when the vehicle leaves the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ron Garrett, 1142 Bailey Drive, Brighton, Colorado stated that he is concerned about the noise. He said
his only estimate on noise for what the future holds is based on the past. Mr. Garrett said he lives in the
country for peace and quiet and that race car engines are very loud. He said there has been several times
in the past summers where it is after 10:30 p.m., he is trying to go to sleep, but it is insanely loud from race
car engines. Mr. Garrett said the lack of sleep has affected his work. He is frustrated and fears the noise
will continue. Mr. Garrett is concerned that the business will bring more noise and he feels the country is
not zoned for commercial use.
Commissioner Beck asked Mr. Garrett how often the noise has affected him in the last 6 — 9 months. Mr.
Garrett said it is in the summer months and during racing season. Mr. Garrett said he would estimate that
there were 3 nights that is were very loud after 10:30 p.m. affecting his sleep.
Commissioner Cope asked Mr. Garret to explain the engine noise he has heard. Mr. Garrett said he does
not have a racing background but the sound he hears is what would be comparable to a race car at a race
track. He said the engine has a high -pitch sound.
Commissioner Ford stated that the applicant has said they are not testing engines for the business. He
asked Mr. Garret if the engine noise could be from an event such as a party. Mr. Garrett replied it sounded
like a few people may have been over working on cars. He said it sounded like they were working on an
engine because they were revving up the engine and holding it there for a while.
John Carranco, 1161 Bailey Drive, Brighton, Colorado, said he lives next door to the applicant. He has
lived on his property for over 35 years. Mr. Carranco explained the neighborhood was quiet and peaceful
before the applicant moved next door. He said the revving of the engines is very loud and neighbors who
live a quarter of a mile away have asked him what he is going to do about it. Mr. Carranco started a petition
and had neighbors sign it that have been affected from the noise. He said that Bailey Drive is used to run
motorcycles, etc. up and down the road. Mr. Carranco said a lot of dust is created from the dirt roads. He
said he called the Sheriffs office to report the noise. Mr. Carranco stated that the applicant is working on
motor bikes and other vehicles (anything that runs).
Commissioner Ford asked Mr. Carranco if the reason he called the Sheriffs office was because of the
motorcycles going up and down the road. Mr_ Carranco said it was because of the noise from the applicant's
property, the dust and the use of the road. Commissioner Ford said he didn't see any correlation to the
applicant's shop noise; He said it sounds like the noise is coming from people riding their motorcycles or
kids riding their go karts. Mr. Carranco said the applicant works on motorcycles, race cars, stock cars,
recreation bikes or anything with a motor.
Commissioner Cope stated that the Planning Commission has to evaluate the business the applicant is
applying for. He explained that the applicant has the right to work on his own motorcycles or friends
motorcycles as long as he is not taking payment for that.
Mr, Hilton explained that the race track in the neighborhood has nothing to do with him. He does not let his
kids ride down Bailey Drive or any public roads. Mr. Hilton explained that Mr. Carranco has called the
police on multiple people in neighborhood. He said that the Sheriff has been to his property twice for
unrelated reasons and nothing to do with the business or noise complaints.
Mr. Hilton addressed the issue of the high pitch engine noise. He thinks that is when he worked on the
boat engine and will not ever do that again He stated that he has an air compressor — but the only thing he
uses it for is to inflate tires. He stated he has not had a race car on his property in approximately 2 years.
Commissioner Cope asked the applicant if he has to start up the vehicles to remove them from the property.
Mr. Hilton explained it depends on the vehicle. He explained that some vehicles with the new electronics
have to be programmed and tuned on a Dyno and cannot be started on -site. Mr. Hilton said the race cars
are his own vehicles and he starts them to load them on the trailer. He stated he has not worked on an
outside race car on his property in approximately 2 years.
Commissioner Holland asked for clarification from the applicant. He asked him if he lives on the property
and where his full-time job was located. Mr. Hilton said he lives on the property and he works full-time from
8:00 a.m. — 5:00 p.m. at Jackson's Automotive in Northglenn, Colorado. He has been there for 3 1/2 years.
Mr. Hilton explained one of the reasons for wanting a business is the discount for ordering car parts.
Commissioner Holland asked if there are part-time employees working on vehicles while he is at work. Mr.
Hilton explained that if he needs help with a project, either his best friend or his brother-in-law help him out.
Both of those gentleman work full-time with Mr. Hilton in Northglenn.
Motion: Amend Development Standard 14 to the Residential Noise Level, as recommended by staff.
Moved by Tom Cope, Seconded by Elijah Hatch. Motion passed unanimously.
Motion: Amend Development Standard 17 to add portable toilets shall be screened from public view, as
recommended by staff. Moved by Michael Wailes, Seconded by Lonnie Ford. 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.
Assistant Attorney Choate reminded the Planning Commissioners that because the Planning Staff
recommended denial of this case, the Draft Resolution is in compliance with that recommendation. Mr.
Choate explained if the Commission chose to recommend approval for this case, the sections of the County
Code will need to be identified as to the reasons on how the applicant has met the provisions in Section
23-2-220.
Chair Wailes addressed the applicant and said they should be cognition of the fact your neighbors think all
the noise is coming from the business instead of their personal vehicles and hobbies.
Commissioner Cope read the County's definition of a Home Business and said he felt the definition is met
and that he didn't feel the business would exceed noise standards. He said he didn't have an objection to
the business, but he feels the applicant's hobbies are what is causing the issues with the neighbors.
Motion: Forward Case USR18-0067 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stille, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Stille stated that the applicant has met all of the criteria in Section 22-2-220, Section 22-2-
220.1.5, and Section 23-2-220.A.2.
Commissioner Beck said that the applicant has complied with Section 22-2-220.A.1. of the Weld County
Code.
Commissioner Holland confirmed that the Commission was recommending approval of the case and not
agreeing with Staff recommendation of denial.
Commissioner Beck said that applicant should now be aware that his extraneous activities that involve
motors are causing issues with the neighbors. The neighbors believe the noise is from the business.
Commissioner Hatch agreed that the applicant has met the criteria in Section 23-2-220.A.1. and Section
22-2.20.1.5.
Commissioner Cope said he agrees with his fellow commissioners.
Commissioner Stille told the Staff that they did an admirable job but based on additional information and
what the applicant stated has swayed his decision. He hopes the applicant takes care of the extraneous
noise that is apart from their business. Commissioner Stille thanked the staff for their work.
Chair Wailes agrees the other commissioners. He said the applicant has shown they will be able to meet
all 7 criteria of Section 23-2-220.A. He would stress the applicant is cognizant of the noise from their
hobbies because it could be damaging to the business.
The Chair called a recess at 2:17 p.m. and reconvened at 2:30 p.m.
CASE NUMBER: USR18-0121
APPLICANT: KEVIN & KATHRYN BEILAND
PLANNER: MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR 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: LOT B AMRE-3310, PART SW4 SECTION 18, T2N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO PINE CONE AVE; APPROXIMATELY 1,000
FT EAST OF COLORADO BLVD.
Maxwell Nader, Planning Services, presented Case USR18-0121 reading the recommendation and
comments into the record. The property has a zoning violation ZCV18-00184. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kathryn Beiland, 6251 County Road 20, Firestone, Colorado, explained that they purchased the property
and the house had been vacant for 4 years. There were racoons living in the ceiling and the house is in
need of renovation. The applicant built a pole barn and finished a 25' x 40' finished space to reside in until
they can renovate the main home.
Chair Wailes asked Staff how the violation came about. Staff explained a complaint was called in because
they thought people were living in both dwellings.
Commissioner Cope asked if only one dwelling was being used. The applicant said that is correct.
Commissioner Cope asked staff if it is actually a violation since both homes are not being lived in. Staff
explained technically it is a violation because it was complaint driven but approving the USR will close out
the violation. Commissioner Cope asked the applicant if they intend to use the apartment in the pole barn
after the main home is finished. The applicant said they would allow one of their kids or their mother-in-law
to stay there if they needed a place to stay.
Commissioner Stille asked if the well on the property is permitted for both homes. The applicant said the
permit states the well is for two residences.
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 USR18-0121 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 = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Stille said he agreed with Staffs recommendation of approval and that the applicant
complies with Section 22-2-20 and Section 23-2-220.
CASE NUMBER: USR18-01011
APPLICANT: ATILANA RETANA
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS DETAILED IN
SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT 3 BLOCK 21 ARISTOCRAT RANCHETTES 1ST FILING, PART OF SECTION
27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO NANCY AVENUE, APPROXIMATELY 0.04
MILES EAST OF RICHARD STREET.
Michael Hall, Planning Services, presented Case USR18-0101, reading the recommendation and
comments into the record. The property has active zoning and building violations ZCV18-00142 and
BCV18-00008. Since the zoning and building permit violations were initiated, the applicant has submitted
a building permit AGR18-0031 which is on hold until the subject USR has been approved. Eleven letters
from neighbors were included in the original application materials that voiced support or had no concerns
with the structure. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Wailes asked Staff if the USR is approved, is there a limit to how many buildings the property
can have. Staff explained the USR would blanket permit the property to exceed the 4% Rule but has no
limitations.
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.
Ramon Retana 15508 Nancy Avenue, Fort Lupton, Colorado, explained that his sister owns the property
and his mother and father live in the house. They do not plan on building any additional buildings on the
property. Ramon's father stores his bales of hay, has one cow and some chickens. His father has a pickup,
a trailer, and a skid -steer loader on the property for Ag use.
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 USR18-0101 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 Tom Cope, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Cope stated he felt the applicant meets all the criteria in Section 23-2-220.
CASE NUMBER: USR18-0115
APPLICANT: KAUFFMAN BROTHERS LIMITED PARTNERSHIP, O/O CURETON
MIDSTREAM
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE INCLUDING FOUR (4) GAS
COMPRESSORS, MOTOR CONTROL CENTER AND RELATED EQUIPMENT
AND UP TO FOUR (4) CONSTRUCTION OFFICE TRAILERS AND SIX (6)
CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: NE4 SECTION 20, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 20 ROW, WEST OF AND ADJACENT TO
CR 65 ROW.
Angela Snyder, Planning Services, presented Case USR18-0115, 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.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell stated they would like to amend Development
Standard 22 to add "portable toilets shall be screened from adjacent properties".
Nick Holland, 518 17th Street, Suite 1405, Denver, Colorado, stated he is the Director of Environmental
Health and Safety for Cureton Midstream. The Miskey Compressor Station is defined as a mineral resource
development facility by the County Code. Mr. Holland explained this is a natural gas compressor station.
They are proposing a 20 -acre facility. Mr. Holland said they are leasing the property and are doing a
Subdivision Exemption. Mr. Holland explained that gas is brought in to the facility, the gas is dehydrated,
impurities are removed and compressed into a higher presser. The gas is then sent via pipeline to a
processing facility. There will be tanks on site to collect water and hydrocarbons that will be removed from
the site by trucks. The applicant anticipates approximately 4 truck trips per day.
Andrew Truitt, 9536 East 1-25 Frontage Road, Longmont, Colorado, stated that he is the Senior Engineer
for Behrens and Associates Environmental Noise Control. The full build out is 4 compressors with their
associated components for acoustical modeling. Ambient sound measurements were taken and comply
with County Code as well as the noise modeling methodology.
Commissioner Ford asked if they had plans to put up a building around the compressors. Mr. Truitt
explained they will have weather enclosures around the compressors and engines that is localized to the
skid itself.
Nick Holland spoke about Cureton's safety processes. They operate their pipelines 20% below design
pressure but test the pipelines at 150% pressure. The control system has redundant processors, power
supplies and alternative power. The site is being monitored at all times at the Front Range Gas Plant
Control Room. Mr. Holland requested adding language into Development Standard #35 to allow notice
from County Staff before they would access onto the property.
Commissioner Ford asked how long it would take for a staff member to get to the Miskey site if there was
an emergency. Mr. Holland said it was about a 10 -minute drive from the Front Range facility.
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: Amend Development Standard 17 to add portable toilets shall be screened from adjacent
properties, as recommended by staff. Moved by Elijah Hatch, Seconded by Michael Wailes. Motion
passed unanimously.
Motion: Amend Development Standard 35 to add "after giving twenty-four (24) hour notice", as
recommended by staff. Moved by Tom Cope, Seconded by Elijah Hatch. 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 USR18-0115 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 = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Hatch stated the applicant meets the criteria in Section 23-2-222.A.1 — A.7. and is
compatible.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR18-0114
BLACK MOUNTAIN LAND COMPANY, LP, C/O CURETON MIDSTREM, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES OIL AND GAS
SUPPORT AND SERVICE INCLUDING (FOUR (4) GAS COMPRESSORS A
CONEX CONTAINER OR SMALL BUILDING TO STORE SPARE PARTS AND
MATERIAL STORAGE AND A SMALL MOTOR CONTROL CENTER BUILDING
AND RELATED EQUIPMENT), AND UP TO FOUR (4) CONSTRUCTION OFFICE
TRAILERS AND SIX (6) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SUBX18-0037 BEING PART OF THE NW4 OF SECTION 9, T3N, R62W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION:
SOUTH OF AND ADJACENT TO CR 36 SECTION LINE; EAST OF AND
ADJACENT TO CR 77 SECTION LINE ACCESS IS OFF OF CR 386 ONTO A
TWO TRACK FIELD ROAD.
Kim Ogle, Planning Services, presented Case USR18-0114, 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.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nick Holland, 518 17th Street, Suite 1405, Denver, Colorado, stated he is the Director of Environmental
Health and Safety for Cureton Midstream. The Black Creek Compressor Facility will compress raw low-
pressure natural gas so that it can be transported to a downstream facility for further processing. The Black
Creek Compressor Station is going to have the same function and build out as the Miskey facility. Cureton
will lease a portion of the property for the facility.
Andrew Truitt, 9536 East 1-25 Frontage Road, Longmont, Colorado, said the Black Creek Compressor
Facility will have the exact same equipment selection, analysis, compressor skids, level of mitigation and
methodology as the Miskey Facility. There are 2 residences nearby. Mr. Truitt said the site will be compliant
with the proposed light industrial noise limits.
Mr. Holland said the site is unmanned but is monitored from another site. A staff member could get to the
Black Creek site in 20 minutes.
Mr. Holland requested adding language into Development Standard 35 to allow notice from County Staff
before they would access onto the property.
Commissioner Holland asked Mr. Holland what the major disaster plans are for the site. Mr. Holland said
they would immediately evacuate the system/stations. No oil is held onsite. They can depressurize the
compressor station and pipelines if needed. Commissioner Holland asked if they would exhaust into the
atmosphere. Mr. Holland said yes. Commissioner Holland asked if the exhaust could cause any public
health issues. Mr. Holland explained that the vapor cloud dissipates so quickly that he doesn't anticipate
there would be any health issues.
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: Amend Development Standard 35 to add "after giving twenty-four (24) hour notice", 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 pf Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0114 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 Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Chair Wailes said the applicant meets all 7 criteria in Section 23-2-220.A.
CASE NUMBER: USR18-0105
APPLICANT: HUNT WATER LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
OPEN PIT MINING (OVERBURDEN, SAND GRAVEL AND STONE) AND
MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: PART SE4 SECTION 6, T3N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 36 AND EAST AND WEST OF HWY 85.
Kim Ogle, Planning Services, presented Case USR18-0105 reading the recommendation and comments
into the record. The Department of Plannirsg 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. Staff requested to add a Condition of Approval to 1.C. to show drainage flow arrows. Staff
requested to amend Development Standard 21 be amended to read "may" instead of "shall".
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andy Rodriguez, 323 5th Street, Frederick, Colorado, stated that he was from Civil Resources and is
representing Hunt Water LLC. Mr. Rodriguez explained that David Hunt/Hunt Water LLC is proposing to
mine the property. There are a 60 -acre site west of Highway 85 and a 16 acre -site on the east side of
Highway 85. The plan to construct a 6,000 linear foot slurry wall. Mr. Rodriguez said they plan to extract
approximately 600,000 tons of aggregate with the potential to extract more. They will reclaim the site for
open water storage to be used in a court approved water rights augmentation plan.
Mr. Rodriguez stated that the small 16 -acre site is only planned to be mined 10 feet deep with a 10 -foot
berm around it, lined with either clay or a synthetic liner. Mr. Hunt owns water rights that he could fill into
the pond. There will be 2 reservoirs; a total of 4 ponds. The applicant has acquired the necessary permits
for this project.
Commissioner Cope asked if they planned to mine the east 16 -acre area first. Mr. Rodriguez said that was
correct. He explained it will not be mined very deep and it will be created as a 4 -bay area to store water.
Commissioner Cope asked if that material was going to be processed. Mr. Rodriguez said no, it would just
be sold as fill dirt/top soil.
Commissioner Hatch asked the applicant if they planned to transport material from the 16 -acre site onto
the 60 -acre site. Mr. Rodriguez answered rep.
Commissioner Holland asked for the purpose of the slurry wall. Mr. Rodriguez explained it will allow Mr.
Hunt to store water and use as an impermeable boundary. Commissioner Holland asked if there was
potential for significant seepage to any adjacent properties. Mr. Rodriguez answered there would not be
significant seepage. He said there are many slurry walls put up in gravel mines. The State Department of
Water Resources requires that criteria are met. There is a perimeter leakage rate and a bottom floor
leakage rate. Mr. Rodriguez explained that tie ground water in the area is 14 feet deep.
Commissioner Cope mentioned that he did. not see a copy of the geotechnical investigation in the records.
He confirmed with Mr. Rodriguez that the bedrock was down approximately 35 to 40 feet deep and consists
of claystone. Mr. Rodriguez said that is correct. Mr. Rodriguez asked Mr. Ogle if he provided him with the
DRMS permit. Mr. Ogle responded that he has received only parts of it. Mr. Rodriguez said he would
provide Mr. Ogle with the complete permit.
David Hunt, 14460 County Road 40, Plattevile, Colorado, said he wanted to address Commissioner Cope's
question. He explained that the top 2 feet of dirt come off for reclamation work, the rest of the material is
used to build the dam around the staging pond.
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: Add Condition of Approval 1.C.10. "Show and label drainage arrows.", as recommended by staff.
Moved by Gene Stille, Seconded by Tom Cope. Motion passed unanimously.
Motion: Amend Development Standard 21 to read "may" instead of "shall", as recommended by staff.
Moved by Gene Stille, Seconded by Elijah Hatch. 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 USR18-0105 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 Skip Holland, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Holland stated the applicant meets all criteria under Section 23-2-220 and that he agreed
with Staff's recommendation.
The Chair called a recess at 4:32 p.m. and reconvened at 4:40 p.m.
CASE NUMBER: USR18-0095
APPLICANT: FRONT RANGE DAIRY, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A CLASS I COMPOSTING FACILITY PURSUANT TO THE
COLORADO REGULATIONS PERTAINING TO SOLID WASTE DISPOSAL
SITES AND FACILITIES 6-CCR 1007-2, SECTION 14 FOR A CLASS I
COMPOST FACILITY AND AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL
HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS, INCLUDING: SEED PRODUCTION, PROCESSING, STORAGE, MIXING,
BLENDING AND SALES IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT D RECX18-0107, BEING PART OF THE SE4 SECTION 15, T2N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 20; WEST OF AND ADJACENT TO CR
21.
Kim Ogle, Planning Services, presented Case USR18-0095 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 Wailes asked Mr. Ogle if the applicant was currently composting. Mr. Ogle answered yes.
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.
Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, said he is representing Front Range
Dairy, LLC. The applicant is proposing a Class 1 Compost Facility that will include a shop, office, material,
and handling equipment. There will be agricultural seed storage, processing facility and sales. Agricultural
wastes will be generated at nearby dairies, vegetative feedstock waste and yard waste. Mr. Naylor said
they believe their facility is compatible with the area. He said they meet all the conditions of approval and
development standards. Mr. Naylor said they will be required to permit with the CDPHE for a Class 1
Compost Facility.
Commissioner Stille asked for the location and size of the pond. Mr. Naylor said it is located centrally in
the property. He said on a normal day, there would not be anything stored in the pond. However, if there
is a storm event, it is required that they have a working capacity. They have to have a certain amount that
can be there all the time and they also have to have the amount for a 25/24 storm event. The pond has
been engineered to meet those conditions. Commissioner Stille asked if they can irrigate out of the pond.
Mr. Naylor said they can. They have to sample it and apply agronomically, they cannot just release it. They
can use it back onto the compost. Mr. Stille asked how they plan to control insects. Mr. Naylor said they
will have a fly control plan that can be found in their nuisance management plan.
Commissioner Holland asked who the product will be sold to. Mr. Naylor replied it will be sold in bulk and
wholesale to primarily to other agricultural farms.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brock Duin, 10303 County Road 20, Fort Lupton, Colorado, said the addition of this facility along with the
existing commercial dairy operation creates much greater biosecurity concerns such as impeding health
and safety. He is concerned about the ground water. Mr. Duin said the traffic has increased on County
Road 20 and that the applicant is using heavy machinery on the road. Neighbors have had to slow down
or stop for this heavy machinery. He said since the applicant has started hauling manure, the smell has
increased drastically, making it unbearable. Mr. Duin feels these factors put their properties, farms and
livestock at high risk and decrease their property values. He said there are a lot of flies and insects and
he feels this has impacted the horse boarding businesses in the area.
Commissioner Ford asked Mr. Duin what animals he raises on his property. Mr. Duin said he has a horse
boarding business and a few cattle.
Anthony Berens, 10126 County Road 20, Fort Lupton, Colorado, said the average speed of County Road
20 is 62 miles per hour (posted speed is 55=) and 1,000 vehicles a day. He said he lives at the bottom of
the hill and it is very dangerous to get his mail. Since the applicant started moving manure across the
street, the smell is unbearable. Mr. Berens said he has one horse and a couple chickens. He said friends
do not want to visit him because the smell is so bad. Mr. Berens said the applicant is using a terex mining
truck to cross County Road 20. He is worried about traffic safety. Mr. Berens said he agrees with his
neighbor, Mr. Duin, as well.
Tim Naylor addressed the concern of the ground water. Since it is a Class 1 Compost Facility it has stricter
guidelines and requirements that must be met compared to an agricultural compost facility. The pond has
been engineered to protect the ground water. Mr. Naylor feels that flies and the odor will decrease. He
said they will follow and meet County and State requirements. Mr. Naylor said that he does agree that the
County Road is a challenge and that everyone has to be careful and safe.
Commissioner Beck asked Mr. Naylor if they have any plans to keep the road clean. Mr. Naylor said that
would be part of the road maintenance agreement and they would be willing to work with Public Works on
that to get the correct permits. Commissioner Beck said he would like the safety of the County Road to be
addressed by posting signs or creating turning lanes, etc...
Commissioner Ford commented that dirt trucks usually spill from the sides. He asked Mr. Naylor if they
can assure that the trucks won't be overloaded. Mr. Naylor said he is sure the operator would be willing to
do that. Commissioner Ford asked Staff if this request could be made a development standard. Mr. Ogle
read Development Standard 27 "The access to the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking." Mr. Ogle explained the appUcant would be required
to get a right-of-way permit from Public Works to sweep or clean the County Road. Commissioner Ford
asked Mr. Ogle how a neighbor would go about filing a complaint if manure is on the road. Mr. Ogle replied
the would contact either the Planning Department or Public Works.
Commissioner Ford commented that the fly control should be mitigated right from the beginning, not wait
until there is a fly problem. Commissioner Hatch commented that there are pest control options; once there
is an abundance of flies, it is too late.
Commissioner Stille asked if it was open composting or if it will be in tubes. Mr. Naylor said it is windrow
composting.
Commissioner Holland asked what the bulking agent was in the compost. Mr. Naylor said it would be a
wood bulking agent or could use cornstalks or tree limbs. Commissioner Holland asked what the ratio was
of the bulking agent to the manure.
Joshua Hess, 9743 County Road 16, Fort Lupton, Colorado, answered Commissioner Holland that it would
be 1/3 bulking agent to 2/3 manure at mixing. Mr. Hess wanted to address the fly issue. He said during
the composting process that raw manure attracts larvae and flies. During their composting process, the
manure is coated at 160 —170 degrees. Pathogens, weed seeds and insect larvae are killed in the process.
Mr. Hess explained the composting process.
Commissioner Stifle had to leave the meeting at 5:30 p.m.
Commissioner Cope asked Mr. Hess how long odors remain after they first start the process. Mr. Hess
replied approximately 21 days.
Commissioner Ford asked Mr. Hess if there will be an odor all the time since they are continually bringing
in new manure. The applicant says it will be very minimal. Mr. Hess said they will bring in wood chips to
help with the odor.
There was further discussion about the traffic safety on the road, along with concerns about spillage on the
road. In conclusion, the Planning Commission agreed Development Standard 27 would be enforceable
from the County's standpoint.
Mr. Naylor asked if Condition of Approval 1.A. be removed because they already filed the Recorded
Exemption.
Motion: Remove Condition of Approval 1.A., as requested by applicant. Moved by Tom Cope, Seconded
by Michael Wailes. 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 USR18-0095 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 Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5, No = 1).
Yes: Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
No: Skip Holland
Absent: Bruce Johnson, Bruce Sparrow, Gene Stille.
Commissioner Cope stated he feels they have met the criteria of Section 23-2-220A.1 — A.7 and that they
are compatible with area. He agrees with Staffs comments.
Commissioner Ford said he hopes the applicant and neighbors communicate with each other.
Commissioner Cope would like to see the County try to reduce the speed in that area.
Chair Wailes said he agreed with Commissioner Cope's comment.
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 5:51 pm.
Respectfully submitted,
Michelle Wall
Secretary
Hello