HomeMy WebLinkAbout20183671.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 6, 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, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused: Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez, Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the October 16, 2018 Weld County Planning Commission minutes, Moved by Elijah
Hatch, Seconded by Tom Cope. Motion passed unanimously.
Tom Parko, Planning Services, presented the 2019 Planning Commission Hearing Dates.
Motion: Approve the 2019 Planning Commission Hearing Dates as presented, Moved by Bruce Johnson,
Seconded by Bruce Sparrow. Motion carried 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, stated that due to a scheduling conflict with the applicant's
representative he is not able to attend today's Planning Commission hearing and has requested that it be
continued to the December 18, 2018 Planning Commission hearing.
This USR was submitted in response to a zoning violation. However, the applicant has indicated that the
frequency of vehicles being worked on has been reduced since the summer, as this is the off-season. Staff
received one letter of opposition and a petition of opposition was provided after the application was
submitted in August 2018. Staff has received no additional phone calls or responses from surrounding
property owners since these initial documents were received.
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 Case USR18-0067 to the December 18, 2018 Planning Commission Hearing, 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, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland.
COMM cini cG•+iOYIS 1
I I / 1 9 / 18' 2018-3671
CASE NUMBER: ORDINANCE 2018-09
PRESENTED BY:JOSE GONZALEZ
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY CODE
Jose Gonzalez, Building Department, presented Ordinance 2018-09 and provided a brief summary of the
changes from the 2012 International Codes to the 2018 International Codes. He added that in Section 29-
8-20 it currently states that building permits cannot be transferred from one landowner to another and they
are proposing to change it so that a building permit can be changed from one landowner to the new
landowner without requiring a new building permit.
Mr. Gonzalez stated that the proposed code changes include the increase of the snow load from 20 pounds
to 30 pounds, as recommended from structural engineers in the area. Additionally, they are proposing to
add the requirement for fire protection of floors when there is a basement. He added that the remaining
changes are cleaning up the County Code.
Commissioner Sparrow referred to the snow load and said that 30 pounds is more common with being
located in the front range. Mr. Gonzalez replied yes and added that most cities throughout the State have
the 30-pound snow load criteria.
Commissioner Sparrow clarified if a building permit cannot be transferred to another owner if for some
reason the house is sold during some part of the construction phase. Mr. Gonzalez said that it is how it
reads currently, however the change will allow the transfer of the building permit to the new owners.
Tom Parko, Planning Services, said that these code changes were presented to the Building Trades
Advisory Board and they had a unanimous recommendation to move onto the 2018 International Codes.
Commissioner Cope asked for clarification on the protection for basements. Mr. Gonzalez said that
currently with basements, it is not required to have fire protection in the floors; however, they are including
it in these proposed changes. Mr. Cope agreed that it is important to include that in the changes.
Motion: Forward Ordinance 2018-09 to the Board of County Commissioners along 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 Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland.
CASE NUMBER: USR18-0070
APPLICANT: ABELARDO VEGA&EDGAR VEGA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN 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 3 ZENDT'S FARM, PART OF SECTION 10,T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO E 18TH STREET AND 0.6 MILES EAST OF
FERN AVENUE.
Diana Aungst, Planning Services, presented Case USR18-0070, 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 Ford asked what the size is for the current and new buildings Ms.Aungst said that the new
building will be 150x250 or 37,500 square feet.
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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.
Edgar Vega, 2501 E 18th Street, Greeley, Colorado, stated that the building is for boarding horses for family
and friends.
Commissioner Ford asked how many stalls are in the current building. Mr. Vega said that there are 20
stalls.
Commissioner Sparrow asked if any steers will be kept on site. Mr. Vega replied no. Mr. Sparrow noted
that 150x250 building is a typical size for an indoor roping arena. Mr. Vega stated that they will be training
their horses and wish to have protection from the weather.
Commissioner Stille asked what percentage the buildings over the 4% Rule are. Ms. Aungst stated that
the buildings are 22% over the required 4% Rule.
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 USR18-0070 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 Stifle, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland.
CASE NUMBER: USR18-0069
APPLICANT: ANADARKO E&P ONSHORE, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE DISPOSAL AND RECYCLING SITES FOR
PRODUCTION WASTE (CENTRALIZED E&P WASTE MANAGEMENT
FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2263, PART SE4 SECTION 9, T2N, R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND WEST OF AND ADJACENT TO CR
31.
Diana Aungst, Planning Services, presented Case USR18-0069, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) phone call was received from a surrounding
property owner who requested that the operation be screened from County Road 22. She added that Staff
is recommending screening as a condition of approval. 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 noted that the applicant is proposing to use portable
toilets and bottled water; however, this does not meet Environmental Health's Policy. Therefore, the
applicant has requested a waiver from Environmental Health's Policy.
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The Chair asked Staff if they had any arguments for or against this waiver. Mr. Frissell said that
Environmental Health is following Policy and since it does not meet that, Staff cannot support anything that
would be in violation to their Policy.
Commissioner Stille asked how temporary the structure is. Ms. Aungst said that the temporary building is
proposed to be there permanently, as long as the facility is operating at that location.
Sam Sammet,Anadarko Petroleum, 1099 18th Street, Denver, Colorado, stated that this facility will recycle
and recondition used mud for reuse in workover, completions, and drilling operations. The recycled fluid
will be transported to the location via truck and can be used for the following applications: spacing fluid
between cemented intervals below surface casing, kill fluid below surface casing, and drilling fluids below
surface casing and completion fluids.
Mr. Sammet stated that in 2015 Anadarko had executed an agreement with Weld County to permit the pilot
phase of this project where they were testing the feasibility of this project and they determined that it is a
viable project. The benefits of this project are that it reduces the trips to waste management facilities by
approximately 50 percent. It also reduces fluid volumes disposed of in landfills and it recycles 1500 to 200
barrels of water per day.
Commissioner Hatch understands that the facility is mobile and there is intent to move the facility, if
necessary and it does make sense for the water and sanitation needs as to why you are asking for them to
not be permanent. He asked what happens to the land if the facility is moved or how it will be reclaimed.
Mr. Sammet said that they would reclaim the land back to how they found it.
Commissioner Cope asked if the tanks located on site are on a concrete pad with secondary containment.
Mr. Sammet stated that there is secondary containment. Taylor Roily, 501 North Division Boulevard,
Platteville, Colorado, stated that there is no concrete pad under the containment; however, there is a thick
liner with road base compiled on top of it and a construction berm around it.
Commissioner Stille asked what is temporary and what is mobile on site. Mr. Sammet said that the entire
facility can be mobile to reduce truck trips to landfills. Mr. Aungst said that the USR is for a permanent
facility and if they would start this facility in another location it would need another USR permit.
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 wish to have them address the waiver or if they prefer to request that
at the Board of County Commissioner hearing. Mr. Sammet said that they will make that request at the
Board of County Commissioner hearing.
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 USR18-0069 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 Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland.
Commissioner Stille disagreed with the waiver because he believes it is a permanent structure and should
follow the Environmental Health Policy.
Commissioner Johnson stated that he understands in Staffs recommendation they are requiring permanent
facilities and he agrees that it should be permanent.
The Chair called a recess at 1:40 pm and reconvened the hearing at 1:49 pm.
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Skip Holland entered the meeting at 1:40 pm.
CASE NUMBER: USR18-0064
APPLICANT: RUSSELL BAKER&GEORGIA GILMORE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL
ZONE DISTRICTS (TRUCK PARKING) PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX15-0028, PART NE4 SECTION 28, T5N, R65W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54; APPROXIMATELY 0.33 MILES WEST
OF CR 43.
Diana Aungst Planning Services, presented Case USR18-0064, 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.
Commissioner Wailes asked what the status is for the Access Control Plan for Freedom Parkway. Ms.
Balzano said that they are currently in the process of developing the Access Control Plan. Mr. Wailes
asked what the status is of the current access point. Ms. Balzano said that in the Draft Access Control Plan
the current access point is listed as a safety concern and added that they will work with the applicant in the
access permit process for the placement of the access.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Sheri Lockman, 36509 CR 41, Eaton, Colorado, said that the applicant will be happy to proceed with the
vacation of the previous USR and added that the activity will be conducted in the existing shop building.
Ms. Lockman said that the applicants have recently moved onto this property and intend to clean up the
property and add additional fencing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Janet Morris, 20625 CR 54, said that they live north of the site. She provided a letter of signatures from
landowners in the area who are opposed to this request. She read the letter into the record. It expressed
concern regarding noise,truck congestion, road conditions from the truck traffic,safety concerns,excessive
speeds, and value of the country lifestyle. She said that they are not opposed to the fencing business, but
they are opposed to the increased truck traffic.
Commissioner Beck asked if she addressed the speeding issue with anyone. Ms. Morris said that she
hasn't and added that the speed limit sign was taken during the flood in 2013 and hasn't been replaced.
She added that she has called the County to have the sign replaced.
Commissioner Wailes asked if there is anything that the applicants could do to mitigate their concerns. Ms.
Morris said that the access is an issue and added that it is dangerous today and doesn't want it to be any
more so.
The Chair asked the applicant to explain the truck traffic. Ms. Lockman said that there are two shifts and
run day and night with five (5) round trips at the most. She added that the traffic will go to the east 100
percent of the time so the people to the west won't see that traffic. Mr. Lockman said they will work with
Public Works and the City of Evans regarding the traffic study to determine what is best.
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Commissioner Stille asked how Freedom Parkway will affect this property. Dawn Anderson, Public Works,
stated that the Freedom Parkway Access Control Plan is a planning document where they inventory and
document all the existing access points along that corridor. They also document if it is a safety hazard or
if they are not meeting the Code by spacing or site distance. In this case, the access could potentially be
relocated to meet the County Code. Ms.Anderson emphasized that the Freedom Parkway Access Control
plan has not currently been adopted; however, Staff will be presenting it to the Planning Commission on
November 20, 2018.
Commissioner Johnson said that we have to go with what is currently in the Code and the applicant can
work with the County Public Works Department regarding the access.
Commissioner Holland referred to the statement in the Staff Report regarding adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and County and said that
without an access control plan it seems it is inconsistent. Ms. Anderson said that the Access Control Plan
is a planning document for municipalities to work with the County for future use of the roads. With regard
to safety, the criteria in the Access Control Plan is exactly what exists today in the Weld County Code. She
added that because the Access Control Plan is not adopted does not mean that they are not looking at the
same safety criteria as it exists in the County Code today.
Commissioner Holland said that he is concerned with public safety regarding traffic and flooding and doesn't
feel that these are addressed. Ms. Aungst said that the applicant is requesting to add five (5) trucks. In
regard to the floodplain, the applicant is required to obtain a Floodplain Permit based on the use on the
property. She added that there is no storage of vehicles allowed on the site nor outdoor storage of anything
that could float or be carried away by floodwaters allowed on site. She further added that the applicant has
agreed to these conditions.
The Chair said that the Access Control Plan is a planning document and it is not governing anything at this
point and so we would go back to the County Code which dictates the safety of the access points. He
added that the floodplain is taken care of through permitting and the access through the County Code.
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 USR18-0064 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 Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Commissioner Beck said that he hopes Staff will attempt to address some of the safety issues that the
neighbors have brought up.
Commissioner Cope said that he believes it is compatible with the area presently and in the future with the
addition of the Freedom Parkway and added that those issues will be worked out.
CASE NUMBER: USR18-0079
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION, INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY (TWO (2) SIDE BY SIDE 1.5 MILE LONG 115-KV
ELECTRICAL TRANSMISSION LINES)AND A FIVE (5)ACRE STAGING AREA
FOR UP TO TWO (2) CONSTRUCTION OFFICE TRAILERS AND OTHER
ASSOCIATED EQUIPMENT FOR USE DURING THE CONSTRUCTION OF THE
FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE TRANSMISSION LINE IS LOCATED IN THE S2 OF SECTION 20 AND THE
W2 OF SECTION 21, T8N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
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LOCATION: TRANSMISSION LINE PROPOSED TO RUN A ROUTE RUNNING EAST OF CR
27 TO EAST OF CR 29. THE PROPOSED TRANSMISSION LINE IS LOCATED
APPROXIMATELY 0.5 MILE NORTH OF CR 90
Chris Gathman, Planning Services, presented Case USR18-0079 reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter was received requesting the date of the
hearing and no other phone calls or correspondence was received. 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.
Selina Koler, Tri-State Generation and Transmission Association, 1100 West 116`h Avenue, Westminster,
Colorado, stated that this facility will be used exclusively for the RimRock Energy cryogenic plant. The
Rimrock property has been annexed into the Town of Pierce but a portion of the transmission line crosses
property located in Weld County. The right-of-way will be 200 feet wide and the towers will be approximately
75 feet tall.
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: Approve Case USR18-0079 along with the Conditions of Approval and Development Standards,
Moved by Tom Cope, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
The Chair called a recess at 2:51 pm and reconvened the hearing at 3:01 pm.
CASE NUMBER: USR18-0072
APPLICANT: STEVEN &CARIE WINTER, C/O CARTERS LAWN CARE INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (LANDSCAPE CONSTRUCTION AND MAINTENANCE
BUSINESS) AND MORE THAN ONE CONEX CONTAINER UTILIZED FOR
SECURE STORAGE, PROVIDED THAT THE PROPERTY IS NOT A LOT 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 A REC EXEMPT RE-2206; PART NW4 SECTION 15, T6N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: 0.5 MILES WEST OF CR 21; SOUTH OF AND ADJACENT TO CR 70.
Kim Ogle, Planning Services, presented Case USR18-0072, reading the recommendation and comments
into the record. The use proposed is not consistent with the adjacent residential use or the Town of
Windsor's land use plan; therefore, the Town of Windsor requests that in the event this is approved that
every effort is made to mitigate the potential impacts, such as increased traffic, fumes, noise and visible
storage. Mr. Ogle noted that two (2) letters of concern were received from property owners that live to the
west and south of the site. The letters listed several common concerns regarding that the business is not
located in an agricultural use, impacts on property values, potential eye sore, nuisance from debris including
rodents and insects, not compliant with the current land use and future expectations. The Department of
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Planning Services recommends denial 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.
Carter Sekerak, 652 Wind River Court, Windsor, Colorado, stated that he is the owner of the landscaping
business and he is applying for this use on Steve Winter's farm. He added that they provide maintenance
and landscape construction for the Town of Windsor and surrounding areas.
Commissioner Hatch understands it is a zoning violation and asked how long they have been operating at
this site. Mr. Carter replied that they have been on site for almost four(4) years.
Commissioner Cope asked what type of screening the applicant is proposing. Mr. Carter replied it would
be based on what is recommended from the Town of Windsor and Weld County and said that it will most
like be trees to provide screening.
Commission Sparrow asked if the business was there before the homes were built. Mr. Carter said that he
was there before the homes were built.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Stille asked if anyone in the community has complained of dust control or lighting. Mr.
Sekerak replied that he is not aware of any complaints.
The Chair asked to clarify the reason for recommendation of denial. Mr. Ogle said that the recommendation
was based on the Town of Windsor's Coordinated Planning Agreement and in this particular agreement
Windsor stated that it is not compatible with their future land use maps. He added that in the application
materials the applicant stated that he was not willing to install any screening and it is one of the criteria for
the Town of Windsor to mitigate any concerns for compatibility.
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 USR18-0072 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Commissioner Stille stated that he believes the applicant meets the criteria in Section 23-2-220.A.1 through
A.7.
Commissioner Johnson said that he believes this business is located in proximity to the market that it serves
and it is adjacent to agricultural property. He is in favor of the approval.
Commissioner Cope said that Staff is required to go with the recommendation from the Town of Windsor;
however, it has shown that this property does meet the standards that they normally review and agree
upon. He said that he feels this use meets the criteria in Section 23-2-220.A.1 through A.7.
CASE NUMBER: USR17-0072
APPLICANT: PIONEER LAND COMPANY LLC, C/O NORTHERN COLORADO
CONSTRUCTORS, INC.
PLANNER: KIM OGLE
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING IN
THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: SW4SE4 OF SECTION 1, T2N, R67W AND PART OF THE N2 OF SECTION 12,
T2N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 23; NORTH OF CR 22.
Kim Ogle, Planning Services, presented Case USR17-0072, reading the recommendation and comments
into the record. Mr. Ogle noted that one(1)letter was received outlining concerns of traffic and speed. 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. Mr. Pinkham noted that the access has been realigned so that the access to the site aligns with
County Road 24. An Improvements and Road Maintenance Agreement will be required for this site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
JC York, 305 Denver Avenue, Fort Lupton, Colorado, stated that this is a gravel mining operation and they
have received approval from the Division of Reclamation, Mining and Safety. They will mine the property
from north to south. Mr. York said that they initially proposed batch plants at this facility; however, they are
no longer proposing that. He added that they are proposing 35 round trips each day and they will operate
during daylight hours.
Commissioner Stille asked what the life of the mine is. Mr.York said that it will be mined approximately 10
to 15 years with approximately 500,00 to 750,000 ton per year mined.
Commissioner Wailes asked if the trucks belong to the applicants or if they are the buyer's trucks. Mr.York
said it will be both.
Commissioner Cope said according to his calculations, with 500,000 tons per year he expects 68 trucks
per day, 365 days per year and it doesn't compare to the proposed 35 trips per day. Mr.York said that they
wanted to be able to increase their trips if market demand goes up.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Nicole Cantrell, 11176 CR 23, Fort Lupton, expressed concern regarding the increase of traffic and safety.
She was alarmed at the number of 35 trucks per day and appreciates the correction by the Planning
Commissioners. She added that there are oil and gas pipelines under their driveway with the assumption
that there wouldn't be industrial traffic running over those pipelines. She also expressed concern that the
applicants would mine through an existing wetland area.
Commissioner Wailes asked if the realignment of County Roads 23 and 24 will solve some of these
problems. Ms. Cantrell said that in terms of people wrecking on their property it will be less and added that
they have not seen this realignment until today. She said that in terms of truck traffic and noise pollution
this will only make it worse.
Howard Cantrell, 11016 CR 23, echoed the same comments. He said that a few years ago they went
through the design on County Roads 22 and 24 access from Highway 85 to 1-25. He said that he doesn't
understand why they are going through this realignment when they could go back to this plan which would
move it further south. He asked why this plan wasn't used.
Brad Windell, 11044 CR 22.5, submitted a letter to the Planning Commission. He is concerned with the
mining plan and silicosis, which is the breathing of dust. He suggested that they put up walls like the oil
and gas install to prevent dust and noise. He expressed concern with the impacts to his farm well, noise,
the visual effect, weed control, night lighting, and ingress/egress of the site.
9
Commissioner Ford asked if his well is a surface water well or aquifer well. Mr. Windell replied that this is
a surface water well with domestic and agricultural use.
Commissioner Stille asked if the concern with the well is that it will be depleted or decreased. Mr. Windell
said his fear is that it will be decreased and would like some sort of trigger point to monitor it.
Mr. Windell showed a visual picture of the dust blowing over to his property from truck traffic.
Heidi Windell, 11044 Cr 22.5, said that this area has been beautiful for the past 25 years. She added that
she is concerned with the wildlife (owls, bald eagles), light pollution, dust control, noise pollution, limited
hours of operation (no weekends), and incorrect truck trip numbers.
Mr. Cantrell said that they have a lower field and their groundwater table is 18 inches to 2 feet and he is
worried about the slurry walls creating a mounding problem which could make those into wetlands instead
of farm ground.
Mr.York said that they have triggers with the Division of Reclamation, Mining and Safety and it is +/-2 feet
in variation of groundwater. He said they are currently monitoring groundwater so they have been getting
a baseline of what groundwater is currently. He added that they have an agreement with Mr. Windell
addressing a lot of those concerns and have asked to monitor Mr. Windell's well to once the slurry water
goes in.
Mr. York said that they submitted a groundwater model to the Division of Reclamation, Mining and Safety
that showed a slight mound on the south side +/- 1 foot and they will continue to monitor those wells. He
added that they have been monitoring these fluctuations since 2017.
Mr. York stated that they did perform a threatened and endangered species screenings on the entire area
of the pit. He added that they have a Corp of Engineers Permit to impact .48 acres of wetlands and they
will mitigate for that as well.
With regard to the dust they will have a water truck to mitigate the dust and this will also be part of the
mitigation plan for the Air Emissions Permit.
Mr. York said that in regard to visibility they can do things outside the floodplain as they can't berm in the
floodplain. He added that they can plant trees and along the access they will berm and plant trees.
Commissioner Ford referred to Ms. Cantrell and the concern of the pipelines under the road and asked if
they were concerned about that as well. Mr. York said that they have talked to Anadarko and they have a
Surface Use Agreement to bring the road over the top. He added that Anadarko's engineering looked at
the plan and didn't have a concern with their truck traffic based on their cross section and depth to those
pipelines.
Commissioner Stille asked how many acres will be mined and asked how large the reservoirs will be in
acre feet. Mr. York said that the north reservoir is approximately 33 acres and the south reservoir is 65
acres. He added that between 1500 and 2000 acre feet when it is done. Mr. York said that the storage will
stay with Mr. Bennett, who is the landowner.
Commissioner Wailes asked what kind of lighting will be on site. Mr. York said that there will only be one
light at the scale house, which will be downcast and shielded.
Commissioner Wailes asked for clarification on the hours of operation. Mr. York said that they will operate
during daylight hours. Chris Zadel, Northern Colorado Constructors, 9075 CR 10, added that they will work
2 Saturdays of each month, with an additional Saturday to perform maintenance and no work on Sundays.
Commissioner Wailes asked what the real traffic numbers are. Mr. York said that the real traffic numbers
that are in the application are based on what NCCI currently does at their existing pit. He added that they
would like to do more if market demand allows them to sell more which is why they estimated 500,00 to
750,000 ton limitation in the permit. So if it gets up to that amount it will be more than what the numbers
show. Mr.Wailes asked if these are round trips. Mr. York replied yes.
10
Commissioner Wailes asked Public Works to explain the proposed realignment. Mr. Pinkham said that in
2008 a Corridor Study was completed by Weld County. It was an assessment of linking County Road 22
up to County Road 24 and several alignments were reviewed in that Corridor Study. The preferred
alignment would link up to the access on County Road 24. He added that realigning the access as depicted
in the construction drawings wouldn't change the way it would line up, if the County decided to go down
that path. He said that he would assume this alignment would come with more development from either
Firestone, Frederick or Ft. Lupton. Mr. Pinkham referred to accesses approved along County Road 23 and
said that in this particular access they worked with the applicant to try and align it with County Road 24 and
that is why the roadway is being shifted. He added that they try to mitigate the traffic concerns from the
additional traffic from this site.
Commissioner Wailes asked what options they have for controlling noise. Mr. York said that there are
mufflers on the equipment. With regard to noise on the processing plant, they have a polyurea lining so
that it helps with noise when washing the rock. He added that they could still talk about screening as well.
The Chair asked Staff if they had any changes to the Draft Resolution. Mr. Ogle recommended deleting
Condition of Approval 2.E since the applicant has submitted evidence of financial warranty.
Motion: Delete Condition of Approval 2.E, Moved by Gene Stille, Seconded by Bruce Sparrow. 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.
Commissioner Cope said that he is in support of sand and gravel mining as it is the heart of development
throughout the whole area. However, he is concerned that the application and the traffic study are not in
sync with each other. He added that in reviewing the material, the traffic study calls out 16 ton trucks, 10
per day, and 22 ton trucks,25 per day. He said this was provided to the traffic engineer by J&T Consultants.
He realizes that this is from an existing sand and gravel pit that is in the area, however, in their application
they are hoping to mine 500,000 to 750,000 tons per year. Based on his information of 500,000 ton per
year using a 20 ton average truck he calculated almost 70 trucks per day round trip. He doesn't believe
this traffic study is accurate for what the applicant is proposing to do. He is leaning toward denial for this
applicant since they don't have all the facts and believes it is a health and safety issue. He said that the
applicant may be wise to put this on hold and go back through and revise their traffic study and application.
Commissioner Johnson said that according to his calculations he has 180,000 tons per year based on the
applicant's numbers. He believes that there will be less trucks needed to mine what they are saying. He
said that there needs to be some pieces put together that should be addressed before the County
Commissioner hearing.
Motion: Forward Case USR17-0072 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 Bruce Johnson.
Vote: Motion failed (summary: Yes =4, No= 5, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford.
No: Elijah Hatch, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Commissioner Cope said that he doesn't believe the applicant has met the standards for Section 23-2-
220.A.7 regarding health and safety.
Commissioner Sparrow said that they have made it apparent that the numbers don't jive and encouraged
the applicant to make them right before the County Commissioner hearing.
Commissioner Johnson said that the mining needs to take place there because that is where the gravel is.
He added that most of the concerns have been mitigated and felt that the company did a good job of
addressing the concerns.
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Commissioner Wailes referred to Section 23-2-220.A.7 regarding health and safety.
The Chair stated that the motion has failed and asked if there was another motion for denial.
Motion: Forward Case USR17-0072 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Tom Cope, citing Section 23-2-220.A.7, Seconded by Richard Beck.
Vote: Motion passed (summary: Yes = 6, No = 3, Abstain = 0).
Yes: Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
No: Bruce Johnson, Bruce Sparrow, Gene Stille.
Commissioner Cope said that he is concerned with the health and safety of the application information that
has been provided. He added that it is hard to determine if it is a health and safety issue until they have
the appropriate information.
Commissioner Beck said that he doesn't feel they have the proper information.
Commissioner Wailes said that this application is really close but there is still some cloudiness around the
health, safety and welfare issue.
The Chair called a recess at 4:49 pm and reconvened the hearing at 5:01 pm.
CASE NUMBER: USR18-0077
APPLICANT: CHEYENNE CONNECTOR, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS PIPELINE (36-
INCH NATURAL GAS PIPELINE)APPROXIMATELY 70 MILES IN LENGTH, IN
THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: COMMENCES IN SECTION 14 AND CROSSES SECTIONS 14, 11, 2, T2N,
R66W, SECTIONS 35, 26, 23, 14, 13, 12, 1, 2, T3N, R66W, SECTION 6, T3N,
R65W, SECTIONS 31, 32, 33, 36,T4N, R65W, SECTIONS 31,30, 19, 18, 7, 6, 5,
T4N, R64W, SECTIONS 32, 29, 20, 17, 8, 5,T5N, R64W, SECTIONS 32, 29, 30,
T6N, R64W,SECTIONS 25,24, 13, 12, 1,T6N, R65W,SECTIONS 36,25,24,23,
14, 15, 10, 9, 4, 5, T7N, R65W, SECTIONS 32, 31, 30, 19, 24, T8N, R65W,
SECTIONS 13, 12, 11,2,T8N, R66W,SECTIONS 35, 34,27,22, 21, 19, 17, 8, 5,
T9N, R66W,SECTIONS 32,29,20, 17,8,5,T10N, R66W,SECTIONS 32,29,20,
17, 8, AND TERMINATING IN SECTION 5, T11N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF CR 25; SOUTH OF CR 132;WEST OF CR 51 AND NORTH OF CR 20.
Bruce Johnson stated that he will be abstaining since he has a financial interest in this case. Elijah Hatch
stated that he is an adjacent landowner to this proposed pipeline and wished to abstain from this case as
well.
Kim Ogle, Planning Services, presented Case USR18-0077, reading the recommendation and comments
into the record. Mr. Ogle noted that multiple phone calls from surrounding property owner were received.
Some phone calls inquired about the pipeline alignment while other phone calls were in regard to concerns
with the pipeline crossing their property and negotiations with representatives for Cheyenne Connector.
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 roads that will be crossed, right-of-way
permits and grading permits. A Road Maintenance Agreement will be required.
Commissioner Sparrow asked if the pipeline will be bored under the roadways. Mr. Pinkham replied yes.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and air
emissions permit.
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Shawn Bates, 370 Van Gordon Street, Lakewood, Colorado, stated that the applicant is Cheyenne
Connector LLC and is a subsidiary of Tallgrass Energy. He provided a visual slide of the consolidated
footprint involving multiple states. This proposed pipeline will tie into a Rockies Express 1700-mile pipeline
at Cheyenne and travel east to Clarington, Ohio. There are receipt meters at DCP Midstream's Mewbourn
and O'Connor Plants and Anadarko's Lancaster and Latham Plants. Additionally, there will be a delivery
meter located at Rockies Express Pipeline Cheyenne Hub in northern Weld County.
Mr. Bates said that they expect notice to proceed with construction in April 2019 and in service by 4th quarter
2019. They held three(3)open houses in Eaton, Kersey and Platteville with approximately 150 landowners
and community members in attendance. They solicited input from landowners, community leaders, and
citizens through face-to-face meetings, letters, a toll-free number and a project website.
Mr. Bates provided an overview of the FERC application process and how the project goes through a
thorough environmental assessment process. Mr. Bates stated that one benefit the landowner has in
having FERC oversight on the project is that there are inspections during construction and post-construction
inspections as well to make sure that what was proposed is implemented in the field. He provided a
description of their safety operations and the design of the pipeline.
Commissioner Cope asked what caused them to go with Class III or Class II pipe. Mr. Bates said that there
is a gun range located along the route and that triggered a Class III pipe. He added that they designed it
to be a Class II pipe. He further added that there are a couple parcels around Kersey that are being
annexed and they felt it was better to be proactive and increase the design to be a little safer there.
Commissioner Stille asked what kind of teeth does the landowner have to ensure that their land is cleaned
up and put back the way it was found. Jeff Trujillo, Tallgrass Energy, 370 Van Gordon Street, Lakewood,
Colorado, stated that this is a FERC regulated project and they will not be allowed to go into service until
all the land is put back into like conditions prior to construction. Mr. Bates said that FERC will have third
party inspection to be on site and added that they will be required to comply with their regulations.
Commissioner Ford asked how far apart are the shut off valves. Mr. Bates said that they can be located
no more 20 miles apart. He added that they are generally 17 miles apart.
Commissioner Holland said that terrorism is a big concern and asked what the mechanism is in protecting
this utility against terrorism. Mr. Bates stated that they have ongoing line patrollers that physically walk the
field and added that they catch development taking place, primarily residential, on their assets prior to one-
calls being made because of the day-to-day ongoing field inspections. David Slaven, Project Manager, 978
Moreno Circle, Centennial, Colorado, stated that the Colorado Department of Transportation oversees all
safety and regulations and part of that is emergency response protocols, line patrolling and surveying.
Commissioner Wailes asked where the remote monitoring facility is located. Mr. Bates said that the remote
monitoring is done in Lakewood, Colorado.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Marvin Bay, 36986 CR 49, Eaton, Colorado, said that he is in support of the pipeline and it looks like they
are doing a good job for safety. However, he said that they are not putting money into the right-of-way.
This is the sixth pipeline going through his property and they have offered half of what the other pipelines
have offered. He is also concerned with the 1000-foot influence area in relation to his property and his
children's properties.
Greg Cecil, 38561 CR 43, Eaton, Colorado, stated that it sounds like the applicant is willing to install a
heavier pipeline. He expressed concern regarding the depth of the pipeline and hasn't received a response
on that. He said that he is in support of the pipeline; however, he wants to be treated fairly. The offer he
received may cover 10% of his estimated damages. Mr. Cecil said that he asked if the pipeline could be
buried deeper than the 4-foot proposed and added that the response was that it would not be a possibility.
Ryan Donovan, Attorney with Lawrence, Jones, Custer and Grasmick, 5245 Ronald Reagan Boulevard,
Johnstown, Colorado, stated that he is representing the Larimer and Weld Irrigation Company and the Owl
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Creek Supply and Irrigation Company. He stated that this pipeline will cross both ditches at least once. He
stated that Weld County Code requires that the applicant provide Weld County Planning Services a copy
of an agreement with the owner of any ditch located on or adjacent to the proposed development or provide
written evidence that an adequate attempt has been made to mitigate the concerns of the ditch company.
He added that no agreement has been reached between the applicant and the Larimer and Weld Irrigation
Company and the Owl Creek Supply and Irrigation Company. Should this application be approved they
are requesting that a condition of approval be included that require the applicants to enter into a written
agreement with the ditch companies requiring at a minimum that the applicant provide the ditch companies
with detailed plans prior to the construction and installation of the pipeline. Additionally, they should allow
the ditch companies sufficient time to perform their own review of the plans and acknowledgment that the
company's ditches shall not be open cut under any circumstances and shall be bored and placed at a safe
distance beneath the ditch. In addition, a requirement should be added that the applicants coordinate the
timing of the construction activities with ditch company personnel to mitigate disturbance of ditch operations,
especially during the irrigation season which is when the proposed pipeline is scheduled to be constructed.
Commissioner Stille asked what the bore depth should be. Mr. Donovan said it should be a minimum of 10
feet but depending on soil conditions it could be 20 to 30 feet deep.
Gerald Roth, 32100 CR 49, Greeley, Colorado, stated that this is a high-pressure pipeline and is concerned
with safety. He said that his home is several hundred feet from this proposed pipeline and doesn't want
this in his neighborhood. He requested a Class III pipe and were told that they would not get it as it is used
for subdivisions. He also requested 5-foot bury and added that they haven't agreed on that. He expressed
concerned with the loss of crops since the construction will take place during the summer of 2019. He had
received appraisals that he believed were not fair.
Leslie Peterson, 1781 Pioneer Place, Eaton, Colorado,stated that the landowners need to be compensated
for devaluation of property and loss of production. He said that Tallgrass is working on intimidation going
to eminent domain with property owners. He requested that Tallgrass receives 90% of the easements in
place in the irrigated corridor from Highway 34 to County Road 88 before they granted approval to move to
the County Commissioners.
Commissioner Still referred to the comment regarding eminent domain and asked if there was a comment
made. Mr. Peterson said that in their first meeting with the applicant they commented about using eminent
domain.
George Tateyama,41518 CR 43,Ault, stated that Tallgrass was bragging of going parallel with the pipeline
and he believes it is a problem. His tenant is upset as he is disturbed by pipeline proposals every two or
three years and added that this is the fourth pipeline proposal coming through his property. He showed a
visual slide of the disturbance that these pipelines make on the farm ground. He also requested that the
pipelines be installed deeper because farmers are tilling deeper. He also expressed concern with a floating
pipeline with areas of high water table.
Tom Karlberg,36037 CR 49, Eaton,Colorado,stated that he is concerned that this pipeline does not parallel
and that wastes valuable corridor space and it makes it more difficult to farm it as well. It zig zags and does
not go in a straight line. He asked them to go in the most recent existing corridor and Tallgrass said no as
they would have to cross the existing pipelines and it would be too expensive. He added that the agreement
he is being asked to sign does not agree with the pipe that was provided with the agreement. He further
added that he would like to see the applicant obtain landowner agreements in place prior to receiving
government approval.
Maria Petrocco, 8704 Yates Drive, Westminister, Colorado, stated that she is an oil and gas attorney
specializing in pipelines representing the Tateyama farm and Peterson farm. She said that farmers facing
eminent domain have little chance of being treated fairly. She said that they are not only taking the strip of
land where the pipeline will lay but there is also a blast zone, which is based upon the size of pipeline and
the operating pressure. She emphasized that there should be a setback from a gas pipeline. She asked if
that Class II pipeline will be operated at a pressure of a Class II.
Ron and Marsha Baker, 28806 CR 51, Greeley, Colorado. Mr. Baker said this pipeline will be going through
the middle of their pasture. He asked if they will they notify landowners if inspectors are going through their
14
property and how much notice will they receive. Ms. Baker said that they have been working with Tallgrass
since 2017. Since that time,they have allowed access to their property on numerous occasions for surveys,
including but not limited to, noxious weed surveys, ecological studies, environmental studies, cultural
resource studies and an additional test bore. She added that access has been granted with no
compensation. They received the first written communication was in March 2018 which included a separate
page titled eminent domain law in Colorado. They have not arrived at an agreement and have not been
informed of the status of the project.
Janet Roth, 32100 CR 49, said that they will be 400 feet from this pipeline and just over one (1) mile feet
from the last earthquake. She expressed concern of the pipeline rupturing with 17 miles of volume to
unload. She requested that applicant address how they are taking care of this risk of earthquakes.
Ted Buderus, 3126 Ashton Avenue, Greeley, Colorado, stated that he is the President of the Lower Latham
Reservoir Company and added that he is concerned with depth of boring and crossings as well. He
suggested an alternate method of installing pipelines that leaves less injury to the property when they are
trying to restore the land. He added that he would like to see a remediation process in place.
Steve Ludwig, 17978 CR 39, Platteville, Colorado, asked for contact information for the Emergency
Management Agency for Weld County. Mr. Ogle provided the contact information.
Dennis Hoshiko, 1811 38th Avenue, Greeley, Colorado, expressed concern of the excavation of ditches and
damage to ditches. He has not received a response from Tallgrass regarding the Irons Lateral Ditch. He
added that on numerous occasions the bore tunnels for these pipelines have been dug too shallow beneath
irrigation ditches causing the bottom of those ditches to suddenly cave in and wash out without warning.
This has not only caused the flooding of the land surrounding the ruptured ditches but were also responsible
for drying-up thousands of acres of growing crops that belong to the farmers who are dependent on those
ditches.
The Chair called a recess at 7:05 pm and reconvened the hearing at 7:13 pm.
The Chair asked Tallgrass to talk about the compensation policy. Mr. Bates said that Colorado law
suggests, based on previous cases that have gone to court, that you should be looking at comparable fee
sales in the past. He said that they had an appraiser who did a market study on the entire corridor and set
parameters based on their findings and that was basis for their initial offer. He added that the price is based
on price per acre or price per foot and they have built in crop damages of three (3)years. Since the initial
offer, he said that they are offering three(3)times the appraised value. He added that the landowners have
counter offered with eight (8) times the appraised value. He said that they have 131 of 137 appraisals in
hand and said that they are looking at appraisals for the entire farm.
Commissioner Stille asked if the appraisals are a cost of sales or income approach. Mr. Bates said the
appraisal packet is 70 to 80 pages each and are very detailed.
Commissioner Ford referred to when a landowner tells you that you are low and have received more from
other pipelines he asked why they don't believe them. Mr. Bates said that he believes them, but it is not a
fair and equitable amount they should be entering into. Mr. Bates said that past pipeline payments are not
a basis in court. Bob Choate, County Attorney, suggested to concentrate questions on those things that
are provided in the draft resolution because he is not sure where compensation to landowners will fall within
that. He understands it is a concern by the public and it is important, but the Planning Commission needs
to focus the analysis on the elements listed in the Weld County Code and provided in the Draft Resolution.
The Chair referred to water table issues and floating pipelines. Mr. Bates said that if a water table has been
identified they can put a mechanical means on top of a pipe to prevent it from floating. Mr. Wailes asked
how seismographic activity is dealt with. Mr. Bates said that it is a concern and when there is an earthquake
typically the ground all moves together, and steel is very flexible in nature and tends to move. There is not
much historical record of any pipeline rupturing due to an earthquake because of the thickness of metal
that they use.
The Chair referred to inspection notifications after the installation or remediation of the land. Mr. Bates said
if it is non-ground disturbing event they make the best attempt to contact the landowner it is going to take
15
place. If there is a long stretch of activities, they will try to notify by mailers. If there is going to be a ground
disturbing activity, they are required to give a landowner a 5-day written notice.
The Chair referred to the different installation methods that reduce the amount of disturbance to the
cropland. Mr. Bates said that he didn't believe that type of construction methodology is available to them.
FERC requires them to strip the right-of-way that prevents any mixing of the top soil with sub soil. However,
they will take it back and vet it internally.
The Chair asked the applicant to talk about the remediation process. Mr. Bates said that FERC requires
them to have a reclamation plan in place prior to completing the project. He added that they do take it
seriously and are forced to address any complaints received.
The Chair asked the applicant to explain why they don't have all the landowner agreements and ditch
crossing agreements in place today. Mr. Bates said that they have been working with landowners since
July 2017. They expected to be done with acquisition about now and added that they didn't expect to
acquire as many easements later in the ballgame. Mr. Bates said they have 30% easement acquisition
and one (1)crossing agreement currently. He added that they have reached out to all the ditch companies
regarding depths. Commissioner Cope asked how many ditch crossings have been obtained to date. Mr.
Bates said that they have one (1)agreement out of 30 ditch companies.
Commissioner Cope said that the plan is to start construction in the first quarter of 2019 and asked if it is
realistic with only 30% acquisition and one crossing agreement. Mr. Bates said that they will start with
construction with what right-of-way they do have in April 2019. Mr. Cope said typically the construction is
performed during the time when there is no crop production and this is backwards. Mr. Bates said that if
there are no FERC requirements they wouldn't chose that particular window to construct. He added that
they have contractual obligations by oil and gas to have this timeline.
Commissioner Stille asked about acquiring easements when the landowners don't agree with the
compensation. Mr. Bates said that construction will stop there and will move around and work in other
places where they have right-of-way.
Commissioner Stille asked about the concern of eminent domain. Mr. Bates said as part of the FERC
requirements under Title 18 CFR 157.6 Subpart D requires an applicant provide a landowner notification to
which includes a brief summary of what rights the landowner has at the FERC and in proceedings under
the eminent domain rules of the relevant state. He added that the initial mailing included the information of
the State Statute of eminent domain.
The Chair asked Staff is there are any changes to the Draft Resolution. Mr. Ogle recommended adding a
Condition of Approval 1.AA stating "A copy of the signed Larimer and Weld Irrigation Company pipeline
crossing agreement/easement or a letter indicating that no agreement is necessary shall be submitted to
the Department of Planning Services".
Motion: Add Condition of Approval 1.AA as stated 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 Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Cope asked Staff what happens if the applicant does not obtain the easements or right-of-
way agreements from the landowners and agreements from all the ditch companies prior to recording the
plat. Mr. Ogle stated that the applicant would need to come back before the County Commissioners and
state why they can't obtain those agreements. He added that the applicant has three years to commence
the permit, if approved.
Commissioner Cope said that all of the items provided in testimony, both for and against, have shown that
these are possible and will be required to be resolved prior to construction commencing.
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Motion: Forward Case USR18-0077 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 Richard Beck.
Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 2).
Yes: Bruce Sparrow, Michael Wailes, Richard Beck, Tom Cope.
No: Gene Stille, Lonnie Ford, Skip Holland.
Abstain: Bruce Johnson, Elijah Hatch.
Commissioner Holland believed that the applicant has not shown a diligent effort, based on a minimal
amount of easements, to preserve prime farm land in the location of this pipeline. However, he stated that
he supports the pipeline.
Commissioner Ford cited Section 23-2-480.A.3 as it has undue negative impact on the citizens because
the applicant has not obtained approvals for the right-of-way.
Commissioner Stille cited Sections 23-2-480.A.1, A.2, A.3 and A.6 with primary concern regarding the
agreements.
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 8:05 pm.
Respectfully submitted,
/
Kristine Ranslem
Secretary
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