HomeMy WebLinkAbout20183400.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 16, 2018
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: Bruce Johnson, Bruce Sparrow, Skip Holland, Elijah Hatch, Gene Stille, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused: Lonnie Ford.
Also Present: Kim Ogle, Diana Aungst, and Angela Snyder, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Frank Haug,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 2, 2018 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR18-0068
APPLICANT: ALLEN & ELSIE CLARK
PLANNER: DIANA AUNGST
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 STATED 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 4 THROUGH LOT 6,BLOCK 21,AND HALF ADJUSTED VACATED ALLEYS
AND HALF VACATED 6TH STREET, CARR TOWN, BEING PART OF SECTION
27, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO MCGUIRE AVENUE AND APPROXIMATELY
160 FEET WEST OF 5TH STREET.
Diana Aungst, Planning Services, presented Case USR18-0068, reading the recommendation and
comments into the record. Ms. Aungst noted that two letters were received this morning in support of this
request. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Commissioner Wailes asked why this isn't going to the Board of Adjustment for a variance. Ms. Aungst
said that this is not one of the items that goes to Board of Adjustment as it is listed as an item that can be
applied for as a Use by Special Review under Section 23-3-40 of the Weld County Code.
Allen Clark, 9348 McGuire Avenue, stated that for the past 12 years he has had three (3) utility sheds less
than 200 sf and they did not require a building permit. They decided to build a 30x40 garage but with the
storage sheds it put them over the gross floor area. Mr. Clark stated that they would like to keep the storage
sheds and the garage on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Roxanne Cook, 9348 Paden Avenue, stated that she is a neighbor to the applicant. She said that she is
dumbfounded as to why it is such a big deal to put up a storage facility for their cars. The applicant's
property is well maintained and there is no objection from any of the neighbors. She asked where this 4%
rule came about and why.
Ms. Aungst said that this particular regulation has been in place since the late 1990's. She does not know
the exact origin of the 4% Rule, however, for every townsite or subdivision the outbuildings are not allowed
to exceed 4% of the gross floor area of the lot. Her guess is that it prevents outbuildings from being too
large on the site.
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 USR18-0068 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
CASE NUMBER: USR18-0076
APPLICANT: MOUNTAIN VIEW FIRE RESCUE DISTRICT
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL REVIEW AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT, (VEHICLE SERVICE/REPAIR
ESTABLISHMENT FOR EMERGENCY VEHICLES) INCLUDING UP TO FIVE (5)
CONSTRUCTION TRAILERS AND TEN (10) CONEX STORAGE CONTAINERS
USED ON A TEMPORARY BASIS DURING CONSTRUCTION AND REMOVED
POST CERTIFICATE OF OCCUPANCY IN THE A (AGRICULTURE) ZONE
DISTRICT
LEGAL DESCRIPTION: LOT A RECX17-0184, BEING PART W2SW4 SECTION 3, TIN, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: 1200 FEET NORTH OF CR 12; EAST OF AND ADJACENT TO CR 7.
Kim Ogle, Planning Services, presented Case USR18-0076, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Steve Steinbicker, Architectural West, stated that this facility is a replacement of a very aging maintenance
facility that the Fire District already has. He added that the facility in Dacono is near a residential
neighborhood and the site is very restrictive and small in size, so it could not be expanded adequately.
Mr. Steinbicker said that this site will be built in phases. The maintenance facility would be built first in
Phase 1 and the fire station would be built at a later date. He stated that they are anticipating some
significant growth north of Town, therefore they are proposing this site to contain these facilities.
Commissioner Cope clarified if Phase 1 will only entail the maintenance shop and asked if no fire calls will
be taken out of there until construction of the fire station. Mr. Stienbicker replied that was correct.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0076 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 = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Commissioner Cope stated that the Fire District is looking to the future and the intended use in that area.
CASE NUMBER: USR18-0080
APPLICANT: NWC DEVELOPMENT LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS
PIPELINE (2-20-INCH NATURAL GAS PIPELINES) APPROXIMATELY THIRTY
(30) MILES IN LENGTH IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PROPOSED PIPELINE WILL CROSS SECTIONS 20, 21, 28, 29, 32, T8N,
R66W; SECTIONS 5, 7, 8, 18, 19, 30, 31, T7N, R66W; SETCTIONS 6 AND 7,
T6N, R66W; SECTIONS 1, 12, 13, 14, 23, 26, 29, 30, 31, 32, 34, 35,T6N, R67W;
SECTIONS 3,4, 5 T5N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 92; EAST OF CR 31; NORTH OF CR 60; EAST OF CR 13.
Kim Ogle, Planning Services, presented Case USR18-0080, reading the recommendation and comments
into the record.
Mr. Ogle noted that there are several requests to amend the conditions of approval in the Draft Resolution.
He added that most of the changes deal with moving items under the heading of"Prior to Recording the
Map" to"Prior to Construction". He provided the changes in the inventory exhibit list.
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 classification of the county roads, accesses and right-of-way
permitting. There will be a Road Maintenance Agreement associated with this case.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Anne Johnson, Tetra Tech, 1560 Broadway, Denver, Colorado. She stated that this application is for the
pipeline and gathering line system. There will be two (2) parallel pipelines that will not exceed 20-inches in
size that will carry natural gas and derivatives for approximately 30 miles and terminate at the processing
facility that was just approved in the Town of Pierce. Ms. Johnson stated that REP negotiated crossings
with the property owners and, to date, 100% have been negotiated through a willing process.
Commissioner Cope said that the alignment is kind of peculiar as it seems there are more structures to go
around but it also looks like this pipeline may be going under some lakes or ponds. Ms. Johnson said that
the alignment was based on working with the property owners. Duane Russell, 1750 Lafayette Street,
Denver, Colorado, stated that he is a landman that worked with 50% of the landowners on this pipeline.
When they start with the original alignment it is based on what works best for them and then after speaking
with each landowner they find out what works best for them. While they try to stay on the perimeter of the
parcels, the landowners sometimes want the pipeline in the middle of their parcel because it fits their needs
better. Mr. Russell stated that there is one (1) pond that they will be going under close to County Road 72
and County Road 25.
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Commissioner Cope asked how far below the pond the pipeline will be going. Mr. Russell said that they will
go at least 10-feet below the pond.
Commissioner Holland asked if this pond is designated as a water of the U.S. Mr. Russell said that he
didn't believe it is as it is a landlocked pond and no creek going into or out of it. He added that it is a
wetland, so they will stay away from the cattails. Lance King, RimRock Energy, 1611 Broadway, Oklahoma
City, Oklahoma, stated that this is not a water of the U.S.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Beerworth, 12443 CR 76, stated that he negotiated with this group to allow them to come across land
and referred to the wetland comments. He said that he was told in conversations with his landman that
they would go 20 to 30 feet under and wished to have that clarified because his property has wetlands that
they will be boring under.
Mr. Russell clarified that they will be 25 to 30 feet below Mr. Beerworth's waterway because of where it is
located as they will go under the irrigation canal north of his property to cross under the county road on the
south.
Mr. Ogle clarified that a referral was sent to the U.S. Army Corp of Engineers and Staff did not receive a
response back for this application.
The Chair referred to the requested changes to the Draft Resolution. Ms. Johnson said that Development
Standard 1 and 8 refer to the depth that is required for the different road classifications and they understand
in working with Public Works these will be addressed at the Board of County Commissioner hearing. Mr.
Ogle provided a list of the requested changes.
Motion: Amend the Draft Resolution, as presented by Staff, Moved by Gene Stifle, Seconded by Bruce
Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0080 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 Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Commissioner Johnson commended the applicants for receiving all of the rights-of-way in place prior to this
hearing.
The Chair called a recess at 1:37 pm and reconvened the hearing at 1:50 pm.
CASE NUMBER: USR18-0084
APPLICANT: OGG &S AND THE STROH FAMILY TRUST, C/O GREEN RIVER DEVCO LP
PLANNER: KIM OGLE
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 LIQUID CAPTURE
FACILITY TO CAPTURE AND STABILIZE DRIP CONDENSATE AND RELATED
EQUIPMENT, A PERMANENT LAYDOWN STORAGE YARD, UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND EIGHT (8) CONEX CONTAINERS
FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: SUBX18-0O29, BEING PART OF THE NE4 OF SECTION 12,T3N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: A LEASEHOLD PARCEL LOCATED NORTH OF CR 34.5 AND WEST OF CR 49.
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Kim Ogle, Planning Services, presented Case USR18-0084, 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.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, stated that the applicant is proposing a liquid
capture facility to capture and stabilize drip condensate from unconditioned natural gas that is being
delivered to the site by Green River South Area gas pipeline. Additionally, there will be some flash gas
associated with the equipment at this site. The site will encumber approximately 8 acres and this will be
an unmanned facility.
Commissioner Stille clarified if there will be four (4) trucks per day from the facility. Ms. Hora said that if
the pipeline were to go down and they need to transport the water, there will be four (4)trucks per day.
Commissioner Stille asked if there are any noises that come from compressors or other equipment that
might be obnoxious to neighbors. Robert Smetana, 1625 Broadway, Denver, Colorado, replied that
typically there is not any noise.
Commissioner Sparrow clarified if the flaming of the gas will have an open flame or will it be a glow. Mr.
Smetana said that the flame is enclosed so the flames should never be visible to the public.
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 USR18-0084 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 Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
CASE NUMBER: USR18-0088
APPLICANT: SHELTON LAND&CATTLE LTD, C/O DCP OPERATING COMPANY, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY,AND
ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE
COMMUNICATIONS TOWER; A TEMPORARY LAYDOWN AND STORAGE
YARD, AND UP TO THIRTEEN (13)CONSTRUCTION OFFICE TRAILERS AND
TWENTY-ONE (21) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: NE4 SECTION 2,T3N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38; WEST OF AND ADJACENT TO CR 47.
Kim Ogle, Planning Services, presented Case USR18-0088, reading the recommendation and comments
into the record. Mr. Ogle noted that one(1)letter was received from a surrounding property owner outlining
concerns of odor, noise and traffic and further stating that the facility is on irrigated land and questioning
why the facility could not be located 10 to 15 miles east of the site. The Department of Planning Services
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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 requested to add a Development Standard to read "The historical flow patterns
and run-off amounts on the site will be maintained" after Development Standard 35.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Patrick Groom, 822 7th Street, Greeley, Colorado, stated that this is for a request for operating a natural
gas processing plant on approximately 155 acres. Although it is in agricultural production, it is designated
as "other" land under the land designation system. DCP has made an effort to preserve prime farmland
and is not taking any prime farmland out of production with this application proposal.
One of the unique features of this plan is the concept of two (2)trains. Each train will operate independent
of the other train and each train is designed to process approximately 300 million cubic feet of natural gas
per day. Because of uncertainty in the market conditions, DCP's plan today is to build Phase 1 (Train 1).
Depending on market conditions, Phase 2, if permitted, would be built at a late date or consecutively if the
market demands are sufficient to warrant that. At this point, DCP is committed to constructing Phase 1. If
Phase 2 is built, the proposed wall would be moved down to the proposed location on the map. This wall
is proposed to be a 16-foot high, pre-cast concrete wall similar in design to what has been built at Mewbourn
and what is permitted and approved for at the O'Connor Gas Plant. This wall affords a screening and
aesthetic benefit and provides some sound mitigation.
Mr. Groom noted the concerns of the surrounding property owner regarding odor and noise and added that
DCP will work with this landowner to mitigate her concerns.
Commissioner Stille asked what a train is. Mr. Groom said that gas goes through a line like a train on a
track. He added that gas will come in and go through the processing system and exiting at the other point.
Mr. Stille asked if there will be any noise. Mr. Groom said that there will be noise from the compressors
and combustion engines operating within the plant, but they will all be enclosed in insulated buildings.
Commissioner Stille asked what the creek is on the property and if it will be impacted. Mr. Groom said it is
the Gilmore Ditch operated by FRICO (Farmer's Reservoir and Irrigation Company). He added that DCP
will not affect the structure of the ditch by any of these proposed improvements. Mr. Groom said that FRICO
is concerned with the run-off from the plant. He added that there is a proposed detention pond that will be
constructed to capture any run-off from the plant and to observe and detect any pollutants and remediate
that. Under Colorado law, that water can only be held 72 hours and then released. Mr. Groom said that
they are currently in discussions with FRICO about how to mitigate their concerns regarding run-off into the
ditch and when waters discharge.
Commissioner Cope asked if the released water from the detention pond is being monitored through State
Health Department. Mr. Groom said that the design of the detention pond is approved by the Department
of Public Works and the detention of water is monitored by the State Engineer's Office. Mr. Cope said that
he is concerned with the environmental issues and said it would be good to monitor the release of the water
to make sure that no environmental hazards are released from the detention pond. Mr. Groom said that
the protocol is to have a visual inspection of the detained water before it is released so he doesn't believe
that there is any testing performed. He added that it is not clear if water released from that location will
sheet flow into the Gilmore Ditch.
Commissioner Holland is concerned with stormwater from this site and protecting the ditch. The ditch is an
irrigation source for agricultural land and doesn't think this is an insignificant issue. He thinks there is an
issue of water quality out of the detention basin and it will have an impact on the Gilmore ditch.
Commissioner Holland referred to the wall and asked why the wall doesn't include the other uses that are
subcontracted. Mr. Groom said that the natural gas facility is a secured facility and only DCP operators are
allowed into that facility for safety considerations. He added that there are third party contractors on site
and DCP does not want those contractors entering into the actual processing plants due to safety concerns.
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Mr. Groom said that the proposed detention pond is designed to meet whatever the County imposes. He
added that FRICO may have additional requirements and DCP will need to address those requirements
with FRICO.
Commissioner Holland asked Staff if they knew the size of the detention pond. Ms. Balzano provided a
description of the design of the detention pond. She added that 100-year storm is the design storm in that
it needs to be captured and they also require water quality capture volume and a water quality orifice on
the pond to address particulate matter.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Myrna Folsom, 7050 Loma Linda, Longmont, Colorado, referred to an event that happened at a local area
near her and said that two (2) motorcycles drove up to an open area of the site and entered it. She asked
what kind of security is provided day and night.
Jean Mark, 22264 CR 40, LaSalle, Colorado, stated that she lives north of this site and her brother is the
closest house to this facility. She said that he is really concerned with the noise. She asked how many
pipelines will come and go to this plant. She expressed concern regarding the impact this will have on the
land, the wildlife, and traffic.
Commissioner Stille asked if there is a concern of vibration through the ground. Ms. Mark replied that she
is concerned with the vibration.
Carl Jepsen, 20121 CR 42, stated that he and his bother own land next to this proposed site. He noted
that they have cattle on their property in the summer. He stated that he is concerned with the drainage
from the site as they have a low spot on their property and it seeps into the ground. He also inquired how
many pipelines will be coming out of the site.
The Chair asked Staff to review the noise standards. Mr. Frissell said that there is a commercial noise
standard for the property which is 60 decibels during the day and 55 decibels during the night. Mr. Groom
said that he is aware of only one (1) noise complaint that was substantiated, and it was on a compressor
station that DCP did not build but had acquired. He added that they are confident in this case that they will
meet the noise standard with the mitigation that they will implement.
Mr. Groom couldn't answer specifically how many pipelines the facility will have; however, the minimum
number of pipelines that come into the plant is a pipeline carrying the unprocessed gas into the plant and
then two (2) pipelines exiting the plant: one (1) pipeline with processed natural gas and one (1) pipeline
with natural gas liquids. He added that there could be more coming into the plant because of production
from different areas.
Mr. Groom said that the plant is manned 24 hours per day and added that it is a secured facility where no
one can enter the facility without clearance. He is not familiar what facility Ms. Folsom was referring to and
added that security is a priority for DCP and there are steps to keep it in place.
Mr. Groom said that traffic is a concern, but the beauty of a pipeline network is that the pipelines minimize
that traffic. Product will not be trucked out of this site but rather delivered to the pipelines. He doesn't
believe traffic will be a huge issue at this location.
Commissioner Cope is struggling with water quality for this site. He said the County could request
monitoring on a periodic basis or require the installation of a hydrocarbon type separator so that the water
released from this pond is going through a separator that would trap some of the hydrocarbons. He asked
the Planning Commissioners for their comments in regard to creating a development standard or leave it
to the Board of County Commissioners. Mr. Groom said that there are regulations and protocols in placed
that DCP is required to adhere to that are intended for those protections. He added that DCP is required
to comply with Weld County and State standards.
Commissioner Wailes said that he agrees with the applicant and everything that should be in place is in
place. Commissioner Holland doesn't disagree with that but he is concerned with the letter from FRICO as
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they don't allow and developed stormwater into their ditch. Frank Haug, County Attorney, said that there is
a condition of approval which states that the applicant is required to attempt to comply with whatever FRICO
states. He added that there is a drainage engineer on Staff that reviews the drainage plans and ensure
that they are in compliance.
Motion: Add Development Standard 36 to read "The historical flow patterns and run-off amounts on the
site will be maintained", Moved by Tom Cope, Seconded by Gene Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0088 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Commissioner Cope encouraged the County Commissioners to take a look at the release of the
environmental concern out of the detention pond.
Commissioner Holland encouraged the County Commissioner to take a look at Item 7 under paragraph A,
Section23-2-22 which refers to the protection of health, safety and welfare, the inhabitants of the
neighborhood and the County relative to this discharge of potential pollutants into the FRICO ditch.
Commissioner Hatch stated that he lives within 1000 feet of the O'Connor Plant which is similar to this
proposed plant and while he was not in favor of that plant going in at the time, he stated that DCP has been
excellent neighbors. He added that they have complied with every concern that the public did have and
they are more than willing to work with the landowners and mitigate any and every issue.
The Chair called a recess at 3:46 pm and reconvened the hearing at 3:58 pm.
CASE NUMBER: 1MJUSR17-14-0059
APPLICANT: ALBINO BUSTILLOS, CAROLINE BUSTILLOS&CASSANDRA BUSTILLOS
PLANNER: ANGELA SNYDER
REQUEST: A SITE-SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO USE
BY SPECIAL REVIEW PERMIT USR14-0059 FOR ONE (1) SINGLE-FAMILY
DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-
3-20.A TO ADD A HOME BUSINESS (A CONCRETE AND CONSTRUCTION
SERVICES COMPANY, INCLUDING THREE(3)COMMERCIAL VEHICLES AND
FIVE (5) EMPLOYEES), AND MORE THAN ONE (1) CARGO CONTAINER
(THREE (3) CARGO CONTAINERS) PER SECTION 23-3-40.BB THREE (3)
CARGO CONTAINERS) IN AN A(AGRICULTURAL)ZONED SUBDIVISION.
LEGAL DESCRIPTION: LOT 28 ENCHANTED HILLS; BEING PART OF SECTION 8,T2N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO MAPLE STREET AND APPROXIMATELY 0.15
MILES EAST OF CR 15.
Angela Snyder, Planning Services, presented Case 1 MJUSR17-14-0059, reading the recommendation and
comments into the record. Ms. Snyder noted that five (5) letters of opposition were received from
surrounding property owners. The letters outlined concerns of breaking up the character of the
neighborhood, allowing industrial uses in the neighborhood, unsightly outdoor storage of commercial and
concrete waste, diminished property values, lack of concern for proper permitting and truck traffic. 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. There will be an Improvements Agreement required for road maintenance.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Jason Hepp, Blackfox Real Estate Group, 1211 Lake Avenue, Berthoud, and Albino Bustillos, 1935 Blue
Mountain Road, Longmont, Colorado. Mr. Hepp said that the intent is to utilize the property for a home
business but to ultimately construct a building to contain materials and supplies. He added that Mr.
Bustillos's daughter currently lives on site and he also intends to build a second home in the future to retire
there.
Mr. Hepp said that the applicant operates a construction business and that the intent of the property is to
gather before going to various job sites.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Audrey Ingram 7101 Loma Linda Court, Longmont, Colorado, stated that she lives one block south of the
site. She said cited multiple Sections of the Weld County Code and expressed concern over quality of life,
property values, noise, excessive traffic, odor, and emphasized that this use is incompatible with the
neighborhood.
Myrna Folsom, 7050 Loma Linda Court, Longmont, Colorado, said that she would like to see the area
remain the same as it was when she built this property over 50 years ago. She inquired what the containers
will be used for and what might be stored in them. Ms. Folsom expressed concern with the driving safety
and traffic of the neighborhood. She asked if this will comply with the 4% regulation as there are several
buildings on this site.
Rod Ingram, 7316 Maple Street, stated that his property overlooks the applicant's fence. He said that he
has lived there for 28 years and doesn't believe a construction business should be located here. He asked
if this case is approved will the applicant still be allowed to have a horse and their ag zoning.
Karen Crowfoot, 7106 Maple Street, feeds her horses in the morning and sees all the equipment though
the fence and hears all the equipment in the morning. She expressed concern with the increased traffic
and driving too fast.
Craig Ingram, 7101 Loma Linda Court, stated that he is in full view of the property. He welcomes the
Bustillos to the neighborhood, but they don't want the construction company. He added that they want to
keep the area residential and rural. He requested that this case not be approved.
Stacie Ingram, 7316 Maple Street, agreed with all the previous comments and stated that she is concerned
if the business will grow.
The Chair referred to the 4% lot coverage and asked staff to clarify. Ms. Snyder said that she would need
to see the proposed building to review the 4% Rule. She added that today the applicants are requesting
outdoor storage, so it doesn't count in the 4% Rule.
The Chair asked if any maintenance is performed on site and what materials are brought back to the site.
Mr. Bustillos said that they do not perform any maintenance on the vehicles on site. He added that they
only have tools (power trowels and generators) that they would bring back to the site. He clarified that no
aggregate is brought back to the site.
The Chair referred to the application where it identifies a proposed access from County Road 22; however,
he has heard that there is no application for that access point. Ms. Snyder said that was correct and added
that it never got beyond their application. She added that the applicants realized that since it is a subdivision
they would only be allowed to access from an internal road. Mr. Hepp said that they applied for the second
access in 2017 and Firestone took forever to comment. He added that in Firestone's comments they would
not recommend that an access be allowed from County Road 22 as they have classified it as an arterial
roadway. He further added that they have never received an official response from Weld County on the
second access. He mentioned that they have gone through multiple planners on this case so there have
been different ideas and thought processes on the correct approach to this scenario.
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Commissioner Holland asked if the access from County Road 22 is unavailable and the only access to the
property is from Maple Street, would it change the recommendation from Staff. Ms. Snyder said that the
initial application requested the commercial access from County Road 22 to keep the front end of the
property residential but since it is a subdivision they do not allow extra accesses in and out of the property.
She added that they requested that the applicant utilize their driveway being the only approved access to
their property and that is why their site plan includes the primary access.
The Chair said that in the recommendation the applicant is limited to three (3) round trips per day. Mr.
Hepp said that the purpose of that limitation was to be conscious of the creation of traffic. He added that
by placing some definition then there are some things to measure against. He said that the reality is that
the business is truly home in nature and it is not a big commercial operation.
Mr. Hepp said that the containers were brought in to alleviate the concern of outside storage of forms and
materials. He added that the applicant would like to construct a building to keep trucks and materials inside
and then the containers would not be necessary at that point.
Mr. Bustillo said that he tries to be a good neighbor. He added that he doesn't want to increase his business
to have more than five (5)employees.
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.
Commissioner Beck referred to comments in the surrounding landowner's testimony of integrity of
community and added that he doesn't think this business lends to the integrity of this community. He
referred to the permitted uses in the area such as saddlery, horse boarding, embroidering company but no
construction business.
Motion: Forward Case 1MJUSR17-14-0059 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Gene Stille citing Section 23-2-220.A.1 through A.7, Seconded by Richard Beck.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Richard Beck, Skip Holland, Tom Cope.
No: Michael Wailes.
Commissioner Holland cited Section 23-2-220.A.3 regarding compatibility.
Commissioner Cope said that he doesn't believe the use is compatible with the area. He added that he
doesn't consider this as a home based type business.
Commissioner Johnson concurred with the comments and added that it is the nature of the commercial
activity.
Commissioner Sparrow cited Section 23-2-220.A.2 and A.3 as he doesn't believe it is consistent with the
neighborhood and it is not compatible with the neighborhood.
Commissioner Beck cited Section 23-2-220.A.3 and added that this use is not compatible.
Commissioner Wailes cited Section 23-2-220.A.3 and stated that he feels that this use is compatible with
the area. He added that he happens to live next to one of the largest concrete contractors and on a daily
basis he is amazed at how low of an impact it has had on their community. He feels that there are plenty
of ways this activity can be mitigated. He does have some concerns with the access onto Maple Street and
would feel better if an access could be granted to County Road 22.
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.
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Meeting adjourned at 5:23 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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