HomeMy WebLinkAbout20173611.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 19, 2017
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, Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Terry Cross, Tom Cope.
Absent: Gene Stille and Jordan Jemiola.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 5, 2017 Weld County Planning Commission minutes, Moved by
Tom Cope, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 17-0031
TIMBRO RANCH & CATTLE CO LLC, C/O NOBLE ENERGY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(STORAGE OF PIPES AND OTHER EQUIPMENT ASSOCIATED WITH OIL AND
GAS PRODUCTION) AND USES SIMILAR TO USES BY SPECIAL REVIEW AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT (TWO MODULAR UNITS TO BE USED AS
SLEEPING QUARTERS FOR STAFF STATIONED IN THE AREA) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
W2/SE4 SECTION 11, T9N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO CR 119 AND ONE (1) MILE NORTH OF CR 104.
Chris Gathman, Planning Services, stated that staff is requesting a continuance of Case USR17-0031
to the October 3, 2017 Planning Commission hearing. He added that staff has had some ongoing
discussions with the applicant regarding the request of the modular units.
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 USR17-0031 to the October 3, 2017 Planning Commission Hearing, Moved by
Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Terry Cross, Tom Cope.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PUDZ17-0003
RICHARD HEIN
KIM OGLE
A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR FOUR (4)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES.
PART OF LOT B OF RE -4884 BEING A PART OF THE E2 NE4 OF SECTION 5,
T2N, R67W OF THE 6TH P.M. WELD COUNTY, COLORADO OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 26; WEST OF AND ADJACENT TO CR 17.
Kim Ogle, Planning Services, presented Case PUDZ17-0003, reading the recommendation and
comments into the record. Mr. Ogle noted that the applicant is seeking a waiver to the minimum lot size
requirement of 2.5 acres, a waiver from the 15 percent common open space requirement, and a waiver of
pavement of the internal roadway. Planning Staff does not agree with requested waiver for open space as
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2017-3611
it is located within an urbanizing area of Firestone. Planning Staff does not support the requested waiver
for pavement of the internal subdivision road as the subdivision is located within the Coordinated Planning
Agreement for Firestone and is adjacent to two residential subdivisions. Mr. Ogle noted that Staff will
support the requested waiver of the minimal lot size of 2.5 acres. The Department of Planning Services
recommends approval of this application with the attached conditions of approval. Planning Staff is also
recommending that the Change of Zone be approved as a Specific Development Plan and is reviewed
administratively at the Final Plat stage of the application.
Bruce Johnson noted that he has known the applicants for several years; however, he believes he can
make a fair and impartial decision regarding this case.
Commissioner Tom Cope stated that the company he works for has provided services for the applicant on
this property and wished to abstain from hearing the case.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions and internal roadway for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, and
on -site dust control.
Commissioner Sparrow clarified that if the 15 percent open space is required it will make the lot size even
less than proposed. Mr. Ogle replied that was correct and added that the subdivisions that are adjacent to
this proposed PUD are substantially smaller in lot size and therefore in regard to compatibility, staff would
support the waiver of the required 2.5 minimum lot size.
Sheri Lockman, 36509 CR 41, Eaton, Colorado, stated that staff is not in support of the waiver from
open space and from pavement of the internal roadway. Ms. Lockman stated this property is surrounded
by the Town of Firestone on three sides. She added that they have contacted the Town of Firestone's
Planner early in the development stage and they were directed to develop through the County because of
the lack of water supply taps and the great expense of developing through the Town. Ms. Lockman said
that in discussions with the town planner, the Town of Firestone never requested open space. She added
that they were more interested in the expansion of the right-of-way and the dedication of County Roads 26
and 17.
Ms. Lockman said that the applicant will expand the rights -of way and obtain the access permit through the
Town of Firestone. She added that in the discussions with the Town, they have indicated that they don't
really care if the internal roadway is paved. She said that the Town of Firestone does not intend to pave
the roadways, however they do want that additional right-of-way.
Ms. Lockman referred to Condition of Approval 1.B regarding the agreement with the property's mineral
owners. She said that they feel this condition should be considered complete as they have had many
conversations with Anadarko. Anadarko has requested that the applicant waive all rights granted to him by
the Colorado Oil and Gas Conservation Commission. Ms. Lockman said that they have replied to Anadarko
that they will consider some of the items but they don't believe it is in the applicant's best interest to waive
all of his rights. Ms. Lockman said that they feel they have made a good faith effort to deal with the mineral
owners, however Anadarko did not meet them half -way. Therefore, they are requesting that this Condition
of Approval be deemed complete.
Ms. Lockman referred to Condition of Approval 1.D regarding the requirements and concerns of the Fire
District. She added that the final utility plan and layout design will address these and added that there were
no concerns by the Fire District. She requested that this Condition be considered complete or removed.
Ms. Lockman referred to Condition of Approval 1.F.4 regarding the approved access from the Town of
Firestone. She said that the entire access plan will include engineering that is usually done at the final plat
stage and the Firestone representatives requested that it be completed prior to construction. Ms. Lockman
said that they would like to see that Condition moved to prior to recording of the final plat.
Commissioner Sparrow asked how big the lot sizes will be after providing the rights -of -way to the Town.
Ms. Lockman said that they are not sure of the size, but they will still meet the overall requirements. She
added that they did not get the engineering completed on the plan. Mr. Sparrow asked how they would
incorporate the open space if the waiver is not granted. Ms. Lockman said that they do not know how they
would include it.
The Chair asked staff for their opinion on the requests from the applicant. Mr. Ogle said that the issue with
Anadarko requires evidence of a mineral agreement, therefore staff is not in support of that request and
suggested deferral to the Board of County Commissioners.
Mr. Ogle said that staff would be in support of moving Condition of Approval 1.F.4 to prior to recording the
final plat.
Mr. Ogle said that open space is required according to the Weld County Code. He added that 15 percent
is required unless it is given a complete waiver or reduction in open space. He said that the applicant can
make this request at the Board of County Commissioner hearing and negotiate the open space requirement.
Ms. Lockman said Condition of Approval 1.6 also states that the applicant can show that they have
attempted to address the mineral owner's concerns. She said that they believe they have attempted to
address their concerns, however Anadarko has not met them half -way. She added that the applicant has
identified two easements on the plat and believes they have done enough to satisfy their concerns. Bob
Choate, County Attorney, stated that it will be a decision that will be made by the Board of County
Commissioners.
Commissioner Wailes asked if the applicant has considered decreasing the number of lots to accommodate
the open space requirement. Ms. Lockman said that if the Town showed any interest in having open space
or a trail or something they would have redesigned it. She asked what a usable open space might be that
these four lots would use. She added that a trail doesn't make sense with such a wide road right-of-way
and the ditch doesn't want anything with a trail.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to the requested changes to the Resolution.
Mr. Ogle said that staff would be in support of removing Condition of Approval 1.D as that can be addressed
at the final plan.
Mr. Ogle referred to Condition of Approval 1.F.4 and said that this can be deferred to the final plan
application and may be removed.
Mr. Ogle said that the applicant is requesting the waiver of the open space requirement; however, the Weld
County Code requires 15 percent open space in an urbanizing area and added that this is within the
Coordinated Planning Agreement with the Town of Firestone.
Mr. Ogle stated that the mineral interest is required to be addressed. A form was sent to the applicant from
Anadarko regarding setback requirements. He added that Anadarko has an issue with hard rock mineral
resources that are owned as well. Mr. Ogle said that it is an outstanding requirement and staff would like
to see some type of an agreement. He suggested deferring this to the Board of County Commissioners.
Motion: Remove Conditions of Approval 1.D and 1.F.4, Moved by Michael Wailes, Seconded by Bruce
Johnson. Motion carried unanimously.
Ms. Lockman asked if the Planning Commission will address the open space requirement or defer
that to the Board of County Commissioners.
Commissioner Wailes said that common sense says the open space isn't needed in this case but the County
Code requires it. He added that he would like to defer it to the Board of County Commissioners for
negotiations. Mr. Wailes said that he is concerned with the pavement requirement. He added that with it
being on a gravel road the paving of such a small area will be a continued cost to the homeowners to
maintain it. Mr. Wailes said that he would be in support of waiving the pavement requirement.
Commissioner Johnson agreed with Mr. Wailes and said it should be comparable to the county maintained
road.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ17-0003 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Bruce
Johnson, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 5, No = 0, Abstain = 1).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Terry Cross.
Abstain: Tom Cope.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 17-0034
GREEN RIVER DEVCO LP
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FIFTEEN (15.1) MILES LONG IN THE A
(AGRICULTURAL) ZONE DISTRICT.
THE PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING SECTIONS
22, 15, 16, 10, 4 AND 3, T2N, R64W; AND SECTIONS 33, 30, 29, 28, 21, 20, 19,
18, 17, 8, AND 7 T3N, R64W AND SECTIONS 25, AND 12, T3N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO
GENERALLY LOCATED SOUTH OF CR 36; WEST OF CR 57; NORTH OF CR
18 AND EAST OF CR 47.
• Kim Ogle, Planning Services, presented Case USR17-0034, 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 classification of the roadways and access to the site.
• Hayley Balzano, Engineering, reported on the drainage conditions, grading permits and floodplain
permits for the pipeline corridor.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Pam Hora, Tetra Tech, stated that Green River DevCo, LP is proposing a South Area Gas Pipeline
that will transport natural gas 15.1 miles from Noble Energy's operations area near Keenesburg up to a
compressor station northeast of the Milton Reservoir. She added that the pipeline sizes vary from 12 inches
up to 24 inches. The size of the pipeline depends on the amount of gas that they need to transport in those
areas.
The selected route was deemed to be the most direct route that would minimize impacts on the public. All
of the landowners impacted by this proposed pipeline have agreed to grant easements for this pipeline.
Green River has acquired or is very close to acquiring easements from all of the property owners along the
alignment. The size of the permanent easement varies from 30 feet up to 150 feet due to some areas that
the applicant wants to have other pipelines within that same easement.
Commissioners Wailes asked how close the acquisition of the easements are in place. Robert Smetana,
Noble Midstream, 1625 Broadway, Denver, Colorado, stated that they have been in discussion with all
landowners on the agreed upon route. He could not give the specific dates of closure, however, they are
anticipating to have them closed within the next six to eight weeks to be able to commence construction.
Commissioner Ford asked how they will ensure weed control after seeding. Ms. Hora said that per the
County Code they will need to revegetate the land and added that they will use water trucks for watering to
ensure that the seed takes.
Commissioner Cope liked the idea of sharing the easement for multiple pipelines and asked what else will
this easement be shared with. Mr. Smetana said that there are some fresh water lines for fracing operations
during the initial production phase. He added that there will be produced water take away that will go to a
disposal site and there will also be oil take away pipelines.
Commissioner Johnson asked if pipelines will be installed simultaneously. Mr. Smetana replied that they
will generally be installed at the same time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Staff presented a list of proposed changes to the development standards and conditions of approval.
Motion: Amend the Planning Commission Resolution, as recommended by Staff, Moved by Bruce
Sparrow, Seconded by Tom Cope. 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 USR17-0034 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 Michael Wailes, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Terry Cross, Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:59 pm.
Respectfully submitted,
�.Ytite6rw �wCem.
Kristine Ranslem
Secretary
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