HomeMy WebLinkAbout20162943.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2016
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Hayley
Brown, Department of Planning Services — Engineering Division; Ben Frissell, Department of Health; Janet
Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 16, 2016 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER: USR16-0023
APPLICANT: 70 RANCH LLC, C/O BONANZA CREEK ENERGY
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (COMPRESSOR
STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: ALL OF SECTION 19 AND PART OF SECTION 20, T5N, R62W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 3 MILES NORTHEAST OF CR 69 (AT RIVERSIDE INTAKE
CANAL) AND NORTH OF AND ADJACENT TO CR 54 SECTION LINE.
Chris Gathman, Planning Services, presented Case USR16-0023, 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 and access to the site.
Hayley Brown, Engineering, reported on the drainage conditions for the site.
(Michael Wailes entered the hearing at 12:37 pm.)
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Melissa Mayer, Bonanza Creek Energy, 410 17th Street, Denver, Colorado, stated that it is an existing
facility that was built in 2012. They were not aware that a land use permit was required at that time. She
added that they have had an increase in the amount of gas going through the compressor site; therefore
CDPHE and COGCC asked them to add the three environmental control devices which triggered the land
use permits through Weld County.
Commissioner Smock asked how many acres the facility will cover. Ms. Mayer said that the site will cover
2.36 acres. Mr. Gathman said that the USR will only cover the 2.36 acres because the applicant has also
submitted a Subdivision Exemption for the 2.36 acres, which is processed concurrently with the USR permit.
He added that when the applicants submitted the USR application the Subdivision Exemption was not
recorded; therefore the existing properties of record are used.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
1
Coirn,mm' Cali
2016-2943
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 USR16-0023 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 Jordan Jemiola, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry
Cross, Tom Cope.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 15-0048
PAWNEE WASTE, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (A
DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION WASTE
MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION WASTES
WHICH ARE NON -HAZARDOUS AND MAY CONTAIN VERY LOW
CONCENTRATIONS OF NATURALLY OCCURRING RADIOACTIVE
MATERIALS (NORM) AND TECHNICALLY ENHANCED NATURALLY
OCCURRING RADIOACTIVE MATERIALS (TENORM)), PURSUANT TO
COLORADO STATE STATUTE AND AS DEFINED AND REGULATED BY
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
OBTAIN A CERTIFICATE OF DESIGNATION, PURSUANT TO SECTION 30-20-
104 C.R.S., IN THE A (AGRICULTURAL) ZONE DISTRICT
NE4 AND E2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATED SOUTH OF AND ADJACENT TO CR 118 SECTION LINE;
APPROXIMATELY 1320 FEET EAST OF CR 95.
Kim Ogle, Planning Services, presented Case USR15-0048, reading the recommendation and
comments into the record. Prior to the open house hosted by the applicants, staff did not receive any phone
calls or correspondence regarding the proposed request. However, after the open house, staff received a
telephone call concerning dust and area roads and impacts of this dust on cattle. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Smock stated that she lives about five (5) miles north of this site and attended the
neighborhood meeting on June 2, 2016. She added that she will not receive any financial benefit regarding
this case. The Planning Commission did not find any reason that Ms. Smock should recuse herself from
this case.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Commissioner Cope asked what the present truck traffic is. Ms. Lundquist stated that the current truck
traffic is around 100 vehicles per day. She added that she is in the process of getting new truck counts so
there is a baseline prior to the Board of County Commissioner hearing.
Hayley Brown, Engineering, reported on the 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.
Commissioner Smock said in reading through application she noted that a financial assurance plan is
required if this facility is closed and asked how much money is involved in doing that. Additionally, she
noted that there are environmental restrictions on the facility when it is closed, such as no construction of
buildings, and asked why that is a requirement. Mr. Frissell said that those requirements come from the
Colorado Department of Public Health and Environment (CDPHE) and not from Weld County. In
2
accordance with the CDPHE's approval for the Certificate of Designation, the State of Colorado had added
those conditions. He added that it would be up to the Board of County Commissioners to strike those
environmental conditions.
Commissioner Wailes asked if there are any facilities for the drivers to unload their personal refuse while
they are visiting the site. Mr. Frissell said that the applicant should have something available; however he
hasn't looked at the site plan.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that she is representing
the applicant. Jane Witheridge was hired as project manager for the proposed facility. Ms. Hora introduced
the consultant team: Janet Johnson is a Certified Health Physicist evaluating impacts of radiation exposure
and mitigating its risk; Jeffrey Rusch, Golder Associates, is a Senior Engineer who has served as the main
interface with the CDPHE regarding the engineering design and operations plan for this facility; and Gene
Cappola, Traffic Engineer with Tetra Tech.
Ms. Hora stated that the Pawnee Waste Facility is the first landfill of its kind in Colorado that is specifically
designed for exploration and production wastes (also known as E&P Wastes). Commissioner Jemiola
asked what the industry has done historically with those wastes. Mr. Ogle stated that in some cases they
have been land applied as well as been disposed of in the North Weld County Landfill or Buffalo Ridge
Landfill.
The USR permitting process for commercial solid waste management facility is different than the typical
USR application because the Colorado Department of Public Health and Environment is responsible for
completing the very first step in the review process. Before Weld County can review the USR application,
the CDPHE must first complete a technical review of the Engineering Design and Operations Plan (EDOP).
EDOP addresses multiple aspects of the project including the site location, the design of the facility and the
operating plan to ensure the facility will be safe for the public and the environment. Upon their review the
CDPHE is charged with making a recommendation to the local land use authority. Pawnee Waste began
planning the E&P Waste Management Facility in 2014.
Ms. Hora stated that radiation is common in our everyday environment. She provided a visual slide which
showed comparative radiation levels associated at Pawnee Waste versus other sources, such as chest x-
ray, food, and annual background radiation. She said that prescreening and authorization of all waste loads
and random sampling of the waste loads will be required. Additionally, the operators are trained in the safe
handling of the waste and they will limit operator exposure through time, distance and covering the waste.
She added that the first few years there will be a structured review of the data, equipment and the risk
assessment model to ensure that compliance with the exposure limits is being maintained.
The site covers 240 acres with 75 acres in the northeast corner of the property that the landfill will be
located. Hours of operation will depend on market conditions and customer needs. It is anticipated to be
open during daylight hours; however the applicant is requesting 24/7 operation. At full buildout they expect
to employ up to 10 people and accept up to 150 truckloads per day.
Ms. Hora gave a detailed description of the construction of the facility. She said that Pawnee Waste has
already installed groundwater monitoring wells around the perimeter of the landfill so that the groundwater
can be monitored throughout the life of the landfill as well post -closure. When the landfill is at the end of
its life the site will be reclaimed to blend in with the natural environment.
Being a good neighbor is important of Pawnee Waste. Ms. Hora stated that they notified landowners within
a nine (9) square mile area of the site. Additionally, they visited with the Town of Grover Board and hosted
an open house with everyone who lives within nine (9) miles of the area. After explaining the design and
operations of the proposed facility, they felt that they answered the surrounding landowners concerns.
Additionally, they met with Troy Swain, Weld County Oil and Gas liaison to let him know what they are
proposing.
Commissioner Jemiola asked how much radiation would be emitted. Janet Johnson, Tetra Tech, provided
a brief explanation of the visual slide showing comparison of radiation exposure to the Pawnee Waste Site.
She pointed out that the 25 millirem limit per year listed on the slide is what the State is requiring the
3
applicant to adhere to. She added that it does not necessarily mean that is what people will get exposed
to.
Commissioner Wailes asked if it based on someone there 365 days per year or if someone is visiting for
five minutes. Ms. Johnson said it is calculated for the employee who is there 2000 hours per year. She
added that after reclamation, they assume that there will be a farmer on site and his time is based on
occupancy time.
Commissioner Cope asked how they will identify the employees are receiving this amount and asked if they
will be required to wear radiation badges. Ms. Johnson said that they are not requiring radiation badges
because the estimated doses are so low.
Commissioner Cross asked what the risk is to surrounding neighbors. Jeff Rusch, Golder Associates,
stated that the liner system that has been designed for this facility are state of the industry materials and
best available construction quality assurance practices to make sure that the liner is constructed and is
performing as designed. He added that vertical infiltration of any sort of liquid down to the groundwater
table has an extremely long travel time. If there is leachate generated is not expected to be similar to
leachate from a municipal solid waste facility because this is naturally occurring material. He added that
from an engineering perspective, they are very confident that the risks are extremely low to human health
as well as the environment.
Commissioner Smock asked what the depth that this is going to go into the ground and the height that it
will reach. Mr. Rusch said that the depth is no greater than 30 feet below existing grade. That depth was
determined to ensure no less than a 20 foot buffer between the highest groundwater table that was
encountered at the site during hydro geologic characterization. He added that it will go about 100 to 165
feet above existing grade.
Ms. Witheridge said that after the facility is closed they are requiring no building on the site so the cap is
not disturbed. She prefers no activity on a landfill after the facility is closed as it is not in their best interest
to have access to a facility that is an engineered site so it will stay vacant forever.
Commissioner Smock asked Mr. Rousch if he would have any problem with having his family live next to
this facility. Mr. Rusch said that he is very confident in the liner system that has been designed for this
facility and would not have any problem living next to this facility.
The Chair called a recess at 2:21 pm and reconvened the hearing at 2:35 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Mark Weisbrook stated that he owns property to the north of this site. Mr. Weisbrook referred to Mr. Rusch's
statement that the water table is 75 feet; however Mr. Weisbrook said that they have one (1) well that is
less than a quarter mile away from the site and the water table is 30 feet. He added that they use this well
for their cattle. Additionally, they have another well 75 feet deep but the water table is 60 feet and another
stock well that is one mile away that could be a spring. He expressed concern with the depth of this material
at the same depth of his wells.
Mr. Rusch said that the operator has installed numerous soil borings to characterize this site and
added that there are five (5) monitoring wells at this site and they plan to install two more wells. The
groundwater at the time of drilling averaged 50 feet below ground surface and they have continued to
monitor those wells quarterly. He added that the groundwater has dropped approximately 6 feet. Mr. Rusch
said that there are surface elevations changes that impact depth to groundwater but they feel pretty
confident with the consistency and the groundwater within the limits of their site. He understands the
concern of groundwater contamination but given the liner system and 20 foot groundwater separation they
are confident that this facility will be protective of human life and containment.
Commission Wailes recommended that a spot be clearly designated on the site for the drivers to dump their
trash so it doesn't get thrown out on the side of the road. He added that he lives next door to a large project
and said that the drivers leave a lot of trash on the side of the road.
4
Commissioner Cope referred to prescreening the waste and asked if we need to identify at what level that
waste should be accepted. Mr. Frissell said that according to the applicant's EDOP there are Tier 1 and
Tier 2 action levels established that are screened at the scalehouse.
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.
Ey. Motion: Forward Case USR15-0048 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 Terry Cross, Seconded by Gene Stille.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
No: Joyce Smock.
Commissioner Smock cited Section 23-1-40.8.7 regulating the use of land on the basis of the impact of
land use changes on community or surrounding areas and Section 23-2-220.A.4 that the uses will be
compatible with future development of the surrounding area. She added that she gets concerned when
she hears that they are taking trucks off the road because when you take them off of one place you put
them on another and believes that will happen there as well.
Commissioner Sparrow said that he is slightly uncomfortable with the water table discussion.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2016-10 (SIGN)
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2016-10 and provided a brief description of
the proposed code changes relating to signs.
The Chair asked if there was anyone in the audience who wished to speak for or against the proposed
code changes.
Trevin Bensko-Wecks, Lamar Advertising, 2649 East Mulberry Street, Ft. Collins, Colorado, stated that they
have a sign along Highway 119, west of Interstate 25. He said that digital signage from both a public service
message and also from an advertising perspective works because it enables people to do real time
advertising or community messaging. He added that at the current three hour change limit, the real time is
taken away. He said that they support the proposed code changes.
Commissioner Jemiola asked about adding more repetitions per minute. Ms. Martin stated that they have
proposed these changes to match CDOT's standards. Commissioner Stifle asked if there is a limit on the
number of words. Ms. Martin replied no.
Motion: Amend the number of revolutions to six (6) and Forward Ordinance 2016-10 to the Board of
County Commissioners along with the Planning Commission's recommendation of approval, Moved by
Jordan Jemiola, Seconded by Tom Cope.
Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0).
Yes: Cherilyn Barringer, Gene Stille, Jordan Jemiola, Terry Cross, Tom Cope.
No: Bruce Sparrow, Joyce Smock, Michael Wailes.
Commissioner Wailes said that he is concerned that multiple governmental agencies have separate sign
revolutions and would rather have the County align with the CDOT's codes.
Commissioner Smock agreed with Mr. Wailes and added that she would like it to remain as proposed.
5
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2016-11 (UTILITY SERVICE FACILITY)
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2016-11 and provided a brief description of
the proposed code changes relating to utility service facilities.
The Chair asked if there was anyone in the audience who wished to speak for or against the proposed
code changes.
Susan Innis, Xcel Energy, 1800 Larimer Street, Denver, Colorado, stated that she appreciates working with
staff to clean up the code. She said that Xcel Energy does have some concerns about this change as it
removes their opportunity to develop electric substations as a use by right in the agricultural zone district.
She added that they currently have a facility (Cloverleaf) under construction that was allowed as a use by
right, according to the Weld County Code. Ms. Innis requested postponement of this proposed code change
and allow the planning department staff to work with stakeholders to review the code and look more
comprehensively at ways to clean up the code without removing this use by right for substations.
The Chair asked staff if they agree to the continuation. Ms. Martin said that staff is comfortable voting on
it today since there are three readings with the Board of County Commissioners. She added that she had
a conversation with United Power and indicated that they are comfortable with the proposed changes.
Commissioner Cope asked how many other situations like Ms. Innis described occurs in a year. Ms. Innis
said that the Cloverleaf is the only one in the past few years that has been allowed under the use by right,
but as everyone hopes the oil and gas industry picks back up they will probably be called on to provide
service to new facilities in short time.
Ms. Innis also said that in addition to this particular code change they have some concerns about the
difference between Use by Special Review and 1041 permitting processes as there seems to be some
uncertainty with those as well.
The Chair asked if there are any plans to meet with utilities to try and work on code changes. Ms. Martin
stated that they can meet with Xcel Energy and discuss the proposed changes.
Motion: Forward Ordinance 2016-11 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, 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 3:27 pm.
Respectfully submitted,
16tiv2LL 19x ti'k11YL
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.09.09 07:52:57 -06'00'
6
Hello