HomeMy WebLinkAbout20151038.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 7, 2015
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, Jason Maxey, at 1:32 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michelle Martin, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren
Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
r Motion: Approve the March 17, 2015 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
Lx CASE NUMBER: USR15-0011
APPLICANT: CIRCLE B LAND COMPANY LLC, C/O BILL BARRETT CORPORATION
PLANNER: MICHELLE MARTIN
REQUEST: A REVIEW OF A PREVIOUSLY DENIED APPLICATION FOR LAND USE (USE
BY SPECIAL REVIEW PERMIT NO. USR12-0003 FOR OIL AND GAS
SUPPORT AND SERVICE) AND REQUEST FOR A SUBSTANTIAL CHANGE
DETERMINATION. (DENIED 05/09/12)
LEGAL DESCRIPTION: PART SECTION 9, T6N, R66W LOT B CORR REC EXEMPT RE-2573 OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 72; APPROXIMATELY 0.25 MILES EAST
OF CR29
0'' Michelle Martin, Planning Services, stated that after further review staff determined that this is a Use
by Right and therefore the substantial change application is not necessary. As a result, staff is
recommending withdrawal of this case.
Commissioner Maxey asked staff to summarize what makes this a Use by Right versus a Use by Special
Review Permit. Ms. Martin said that there is an existing building on the site and Circle B is proposing to
store some sand bags and a response trailer for remediation if there was a spill at one of their oil and gas
production facilities. She added that there is no outdoor storage. Circle B has purchased the property
and they are drilling production facilities, which is a use by right. Ms. Martin stated that she determined
that the use of that building for inside storage did not warrant a Use by Special Review 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.
Brad Yatabe, County Attorney, stated that no action is required from the Planning Commission to
withdraw this case.
CASE NUMBER: USR14-0068
APPLICANT: LASALLE RENTAL PROPERTY ONE LLC, C/O HERSCHEL HOLLOWAY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE
EQUIPMENT, VEHICLE STORAGE AND STAGING; AND MATERIALS
ASSOCIATED WITH THE CONSTRUCTION BUSINESS), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
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ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY FRAC TANKS)
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX14-0016; BEING PART OF THE NW4 OF SECTION
8, T4N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1 MILE SOUTH OF CR 50 AND EAST OF AND ADJACENT
TO CR 39.
'" Kim Ogle, Planning Services, stated that the applicant's are requesting a continuance to the June
16, 2015 Planning Commission hearing to allow time to address issues in ensuring a safe and adequate
commercial access across the Western Mutual Ditch onto lands owned by Mr. Holloway.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
6" Motion: Continue Case USR14-0068 to the June 16, 2015 Planning Commission, Moved by
Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR14-0063
APPLICANT: MARIANO GONZALEZ, C/O IGNACIO GALLEGOS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK PARKING INCLUDING; TWO
TRACTOR-TRAILERS ALONG WITH OUTSIDE EQUIPMENTNEHICLE
STORAGE (THREE BOBTAILS), AND STAGING) 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 RE-1117; BEING PART OF THE SW4 SECTION 36, T5N,
R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 59; APPROXIMATELY 550 FEET NORTH
OF CR 50.
I"" Chris Gathman, Planning Services, presented Case USR14-0063, 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.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik noted that the Access Permit number in Condition of Approval 1.6.8
should be AP14-00409.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Ricardo Gonzalez stated that he is representing his grandfather, Mariano Gonzalez, 24146 CR 59.
Ricardo Gonzalez stated that the applicant would like to park their trucks for his business on site.
Commissioner Sparrow clarified if there are five (5) licensed trucks. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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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.
w Motion: Forward Case USR14-0063 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 Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR15-0004
APPLICANT: TERI SCHWARTZKOPF
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 OR
INDUSTRIAL ZONE DISTRICTS (40X80 SF SHOP AND PARKING FOR
ABOUT 20 SEMI TRUCKS) 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 B REC EXEMPT RE-240O; BEING PART S2SE4 SECTION 17, T4N, R64W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 44 AND APPROXIMATELY 0.5 MILES
EAST OF CR 51.
`"' Diana Aungst, Planning Services, presented Case USR15-0004, reading the recommendation and
comments into the record. Ms. Aungst noted that three (3) letters and one (1) phone call was received
with concerns regarding dust, traffic, exhaust fumes, people living in RV's and maintenance of the trucks
on site. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Commission Maxey noted that this site is along the route he takes to work.
Commissioner Sparrow asked if there is anyone living in the RV's as indicated in the letters submitted.
Ms. Aungst said that they have received allegations that there are people living on site; however she has
not witnessed anyone living in them. She added that this was not included in the request for this case.
Commissioner Sparrow asked what is allowed in the County Code for living in RV's. Ms. Aungst said that
the County Code allows for camping in an RV for seven (7) nights without being required to obtain a land
use permit. She added that a land use permit is required for an RV campground if it goes past those
seven (7) nights.
Commissioner Maxey noted the RV's and campers in the picture and asked if Ms. Aungst witnessed
those. Ms. Aungst stated that there are some RV's parked on site but did not witness anyone living in
them.
"`' Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light suggested reviewing Development Standard 3
which bases the number of employees off of the septic system since the applicants will be utilizing
portable toilets.
Teri Schwartzkopf, 25569 CR 44, and Chris Carpenter, 2504 Heather Lane, Evans Colorado. Mr.
Carpenter stated that he has assisted her mother in preparing the paperwork for this request. Ms.
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Schwartzkopf said that she is requesting parking and light mechanics. She has not and does not plan to
have living quarters on site. There are four (4) campers on site. She added that one (1) camper is
owned by her son and the other two (2) campers are used for storage. Ms. Schwartzkopf further added
that one (1) camper is adjacent to the shop and is being used by the manager and drivers to wash their
hands, use the restroom and grab coffee. She said that there is no septic system for the shop and there
is no means to wash vehicles on site. Mr. Carpenter added that there is a water hydrant at the shop but it
is locked so they are not able to use it for washing vehicles.
Commissioner Maxey referred to Ms. Light's previous comments regarding the source of water and the
stipulations for a commercial well and asked how the drivers are using the restroom and making coffee if
the hydrant is locked Ms. Schwartzkopf said that there has been a portable toilet on site for many years;
however it is not in use. She added that the camper does have working restroom facilities. She added
that the water is hauled in.
Ms. Light asked where the water is being hauled in from. She added that they want to ensure that the
water being hauled in is from a potable water source. Juan Ramirez, 2037 West 25th Street, Greeley,
stated that they haul water from his house in Greeley.
Commissioner Hansford referred to the camper being used for handwashing and restrooms and clarified
if it is being used as an office or is someone living in it. Mr. Ramirez said that no one is living in the
camper.
Commissioner Wailes asked if the portable toilet is being used. Ms. Schwartzkopf said that the portable
toilet has been on site and was not used for many years until recently when she rented the shop out.
Commissioner Sparrow asked where the tank from the camper is dumped. Mr. Ramirez stated that they
use the portable toilet for restroom use and use the sink in the camper to wash their hands. Mr. Sparrow
asked if the water is released to the ground or if it is contained. Mr. Ramirez said that the water runs to
the ground.
Commissioner Sparrow clarified if Ms. Schwartzkopf leases the site to several individuals or to one
company. Ms. Schwartzkopf replied that she leases the site to Mr. Ramirez and he subleases to other
individuals.
Commissioner Cross asked if these operators have their own trailer or do they haul Mr. Ramirez's trailers.
Mr. Ramirez said that they have their own trailer. Mr. Cross asked if maintenance is performed on these
trucks for the subleases in the shop. Mr. Ramirez replied that he only performs maintenance on his
seven (7) trucks.
Commissioner Hansford asked staff if running the water from the camper onto the ground is allowed. Ms.
Light said that it is not acceptable. Commissioner Maxey clarified that the camper would need to be
taken off site to be dumped at a site that accepts that type of disposal. Ms. Light stated that the use of
this motor home was not in the application and therefore it was not reviewed. Ms. Aungst stated that
there was no indication in the application that an RV would be used as an office. She added that
according to the Weld County Code RV's are not allowed to be used as offices in this type of situation.
Commission Maxey asked Ms. Schwartzkopf what her thoughts were of the camper after hearing they are
not able to use it. Ms. Schwartzkopf said that they will discontinue that use immediately. Mr. Maxey
asked what they are proposing for handwashing. He added that the portable toilets are acceptable as
allowed by Environmental Health Policy. Ms. Schwartzkopf said that they will give that some thought.
Ms. Light said that they can get portable toilets with handwashing stations and that would be acceptable.
Ms. Schwartzkopf noted that they do have the hand sanitizers in the portable toilet.
Commissioner Maxey asked the applicants spoke to any of the surrounding property owners. Ms.
Schwartzkopf said that she talked with the neighbors to the north; however she did not talk to the Longs
or the Fogies who submitted letters.
Commissioner Wailes asked how long this business has been in operation. Ms. Schwartzkopf said that
when they purchased this property in 2004, her husband had a trucking business. She added that her
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husband passed away 5 '/z years ago and there has been no activity since then until October 2014 with
this current trucking business.
Ms. Aungst referred to Page 5 and noted some typographical errors. Additionally, Condition of Approval
5.8 may be removed as requested by staff as it does not apply to this case.
Chairman Maxey also added that there was a request to look at Development Standard 3 as referred to
by Ms. Light.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tammy Long, 25660 CR 44, said that she owns property directly across County Road 44 and they
operate an 85 head cow/calf operation. Ms. Long noted that Mr. Schwartzkopf had five (5) trucks and
he hauled livestock so it was an agricultural based type of business and they didn't have any issues with
this operation. Ms. Long expressed concern that they want to run 15 to 20 commercial trucks. She
provided pictures she took of the trucks parked on site, maintenance of the trucks and the campers on
site. She added that they would like to keep this community as an agricultural community. Ms. Long is
concerned that Ms. Schwartzkopf doesn't really know what is going on at her property.
Commissioner Berryman asked if there is anything that the applicant can do to mitigate these concerns.
Ms. Long said that when it was in operation by the landowner there were 5 trucks and trailers. She said
that this appears to be oil and gas related and she is concerned with the volume of trucks and trailers
based in an agricultural community. She expressed concern with the campers on site as well.
Commissioner Maxey asked how she felt about the hours of operation of 6 am to 9 pm Monday through
Friday. Ms. Long said that she is acceptable to Monday through Friday 6 am through 9 pm; however they
often work past those hours and days. She also asked who is going to have control over this company.
Commissioner Sparrow clarified with staff that if this case is approved the campers will not be allowed to
stay. Ms. Aungst said that the campers can be stored on site as long as the applicant is not receiving any
money for storing these campers on site. Furthermore, the campers cannot be used as an office nor can
they be lived in for more than seven (7) days.
Mary Albee, 25775 CR 44, stated that she is the closest residence. She expressed concerns
regarding the noise and exhaust from the trucks. She stated that she has seen children between 6 and 9
years old running between the trucks that were operating. She is worried about her property value as
well as with all the concerns Ms. Long expressed.
Commissioner Berryman asked if there is anything that the applicant can do to mitigate these concerns.
Ms. Albee said that the dust that the trucks pick up is a constant problem even though her windows are
closed.
Commissioner Sparrow asked if she had any problems when Mr. Schwartzkopf operated his business.
Ms. Albee said that he entered from the westernmost access and parked on the west side of the shop.
She added that he had five (5) trailers and hauled livestock so it was an agricultural use and she didn't
have any problems with that.
lr'" Renee Perkins, 21131 CR 53, Kersey, stated that she submitted a letter and echoed the same
concerns as previously stated. She added that frequently the hours of operation are going on later than 9
pm at night. Ms. Perkins stated that Mr. Schwartzkopf had a small operation and it wasn't an
inconvenience. She expressed concerns that the property owner is not in control of this operation and
there is no control to police what is being done on the property. She added that it is not a pleasant site to
look at with the commercial trucks and trailers, employee vehicles and tires on site. She feels that the
agricultural purpose is being compromised.
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Commissioner Maxey asked if there is anything that could be mitigated to help with this request. Ms.
Perkins said that there is nothing that can be done as she is not happy with the activities on site. With the
lack of oversight, she doesn't believe the hours of operation will be upheld.
t"' Ms. Aungst noted that the Board of County Commissioner hearing will be held on April 29, 2015 at
10 am. Ms. Aungst said that the application does state Monday through Sunday; however the staff report
does state Monday through Friday and asked that this be discussed. The Chair asked the applicants if
they are requesting Monday through Sunday. Ms. Schwartzkopf said that they are requesting Monday
through Sunday.
The Chair asked those who spoke against this case if they are acceptable with Monday through Sunday
hours. Ms. Long said that she objects to the hours of Monday through Sunday. Ms. Albee said that she
does not agree with Monday through Sunday. Ms. Perkins said that she is against the Monday through
Sunday hours.
The Chair asked the applicants for a response to the testimony. Ms. Schwartzkopf said that her husband
had eight (8) trucks, eight (8) livestock trailers, two (2) flatbeds, and two (2) belly dumps and operated
daily. She said that dust is a major issue and they have made arrangements for dust control. She works
in the tax office and leaves early and comes in late so she confessed that she was not in control of the
operation. When her husband operated the business they had 102 tires stacked behind the shop and it
wasn't until one year ago that she was able to have them removed. She said that they will discuss the
hours of operation.
Commissioner Berryman referred to the volume of traffic and asked if they are willing to make any
changes to the number of trucks. Ms. Schwartzkopf said that she would be willing to downsize the
number of trucks on site.
Commissioner Smock referred to the lack of control on site with noise and working outside the hours of
operation and asked how she will address those issues. Ms. Schwartzkopf said that the hours will be
posted to the drivers and she will enforce those hours of operation and will be actively involved.
Commissioner Cross said it seemed that if Mr. Ramirez was the only person who operated and didn't
sublease that it would be more manageable and is something to consider. Ms. Schwartzkopf said that
she has thought about that and added that she has some equipment from her husband that are parked on
site.
Commissioner Sparrow asked what number of trucks she would be comfortable with. Ms. Schwartzkopf
said that she would be comfortable with downsizing to 12 or 15 trucks. She added that she wants to keep
her husband's trucks for her sons.
Commissioner Hansford said that with Mr. Ramirez's seven (7) trucks and if Ms. Schwartzkopf has 8
trucks this limit would then be at 15 trucks and he would be acceptable to that limit.
Commissioner Jemiola asked if she currently owns 8 trucks. Ms. Schwartzkopf said that she has 5 or 6
trucks left. Mr. Jemiola said that he is concerned with the large commercial operation and how it is
impacting the neighbors. He asked what is being proposed for screening to mitigate noise or reduce
idling of the vehicles. Ms. Schwartzkopf said that they have addressed the light issue and believes if they
control the hours of operation that will eliminate the noise. She added that they will be taking care of the
dust. Mr. Ramirez commented that he will take care of the dust by applying freshwater to control dust
until Ms. Schwartzkopf can make further arrangements for dust control.
Commissioner Maxey said that he doesn't like to set up an applicant for failure. He feels that there are a
lot of questions and unless the number of trucks is reduced he fears that if Ms. Schwartzkopf brings in her
trucks she would be in violation.
Commissioner Berryman asked if it is worth continuing this case to work out some of these issues.
Commissioner Maxey said that it appears you are willing to work through hours, etc. and a continuance
might be the best option.
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The Chair offered the applicant options to either consider a continuance of this case or to move forward to
the Board of County Commissioner hearing. Ms. Schwartzkopf said that she would like to continue this
case.
P' The Chair stated that there are some changes requested to the Staff Report.
Motion: Delete Condition of Approval 5.6 as requested by staff, Moved by Benjamin Hansford,
Seconded by Bruce Johnson. Motion carried unanimously.
Motion: Delete Development Standard 3, Moved by Benjamin Hansford, Seconded by Bruce Sparrow.
Motion carried unanimously.
Ms. Schwartzkopf stated that she would like to request a continuance to the May 5, 2015 Planning
Commission.
Motion: Continue Case USR15-0004 to the May 5, 2015 Planning Commission hearing, Moved by
Jordan Jemiola, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
The Chair called a recess at 3:44 pm and reconvened the hearing at 4:01 pm.
W' CASE NUMBER: USR15-0008
APPLICANT: DOUGLAS& DAWN DETIENNE, C/0 WEST GREELEY SELF STORAGE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (MINI-STORAGE AND OUTSIDE RV & BOAT
STORAGE) 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: SUBX14-0024, BEING PART SE4 SECTION 12, T5N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO US HWY 34 AND WEST OF AND ADJACENT
TO 95TH AVE.
Diana Aungst, Planning Services, presented Case USR15-0008, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site. Mr. Howard requested an amendment to
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
"`` Anne Johnson, Tetra Tech, 1900 South Sunset Street Suite 1-E, Longmont, Colorado, stated that
they have had several meetings with the City of Greeley and a meeting with the Windsor-Severance Fire
District regarding their concerns. She added that they cannot meet all of the development standards that
the City of Greeley has requested; however they have attempted to address their concerns. Ms. Johnson
stated that there will be minimal permanent outdoor storage.
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Ms. Johnson noted that the site is designed to be landscaped on the east side of the facility. Ms.
Johnson requested removal of Condition of Approval 1.6 as it has been satisfied. Additionally, she
requested to move the Condition of Approval 1.C.10 to a Development Standard to read "There shall be
no parking or staging of vehicles on public roads. On-site parking shall be utilized."
The Chair asked Mr. Howard if there were any concerns with the requests of amending the staff report.
Mr. Howard said that they agree to those changes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
o' Motion: Delete Condition of Approval 1.6 as requested, Moved by Bruce Sparrow, Seconded by
Bruce Johnson. Motion carried unanimously.
Motion: Delete Condition of Approval 1.C.10 and move to Development Standard 15 to read "There shall
be no parking or staging of vehicles on public roads. On-site parking shall be utilized", Moved by
Benjamin Hansford, 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.
Motion: Forward Case USR15-0008 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 Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR15-0006
APPLICANT: BOOTH LAND & LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ,
LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY-
SALTWATER INJECTION FACILITY, WATER RECYCLING, A TRUCK TANKER
WASHOUT FACILITY AND A TEMPORARY TANK AREA) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX15-0004, PART S2 SECTION 35, T7N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 74: WEST OF AND ADJACENT TO CR
47.
Kim Ogle, Planning Services, presented Case USR15-0006, reading the recommendation and
comments into the record. Mr. Ogle noted that two (2) letters of concern were received and two (2)
telephone calls from interested persons. He added that the letters outlined concerns of the safeguards of
their well water, amount of truck traffic, and the unknown that the injection well brings. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Commissioner Johnson stated that he knows the Booths and two of the people who submitted letters. He
feels that he can be fair and impartial to this case. The Chair thanked him and said that if he feels he can
be objective he would like to have him remain on the Board.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
1v" Doug White, NGL Water Solutions DJ LLC, 8207 W 201b Street, Greeley, stated that this project is in
addition to 9 facilities and 16 injection wells in Weld County. This project is adding a recycling plant and
truck washout facility. Mr. White said that they are drilling one (1) well currently and added that they are
expecting to receive 10,000 gallons per day or 75 truck trips per day. They applied for 160 truck trips to
accommodate future demand, the water recycling plant and the washout facility.
Mr. White requested to move Condition of Approval 5.A and 5.B to Condition of Approval 8 Prior to
Operation or to Condition of Approval 1 Prior to recording the USR Map.
Commissioner Wailes referred to the staff report and said that there will be the addition of three (3) future
wells or total of four (4) wells on site. Mr. White said that they currently have one (1) well permitted and
their surface lease agreement allows them to drill up to four(4) wells total.
Commissioner Wailes asked if the recycling facility will be on line from the start. Mr. White said that it will
not and is in response to their customers wanting access to recycling water.
Commissioner Wailes asked if there will be pipeline services to the facility. Mr. White said that their
customers have requested to pipe water to this facility.
Commissioner Smock referred to the 75 truck trips; however the application indicates it is unlimited traffic.
Ms. Smock expressed concern regarding the roads when unlimited truck traffic is requested. Mr. Howard
said that the traffic study that was supplied did state 250 truck trips; however he believes that the
assumption was upon full build out of that site and not upon opening of that site. He added that
projections could be that traffic will increase at this site. The Road Improvements and Maintenance
Agreement will cover future triggers that will warrant roadway improvements when they do meet those
triggers. At this time, the facility does not trigger any improvements. As that facility grows you may see
some of those triggers being met and then those roadway improvements will be made at that time.
In response to Commissioner Maxey's inquiry, Mr. Howard said that they reviewed the turn lanes on
County Road 74 with Public Works and at this time the traffic does not warrant turn lanes.
0.' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
John Johnson, Johnson Dairy, 23016 CR 74, Eaton, Colorado, stated that this project will be a disaster
for them. He questioned the amount of truck trips as it was not clearly stated. Mr. Johnson said that he
has an easement to bring live water down the ditch and without his permission the applicants put the
culvert in for their access. He asked how Public Works granted approval without his permission to do so.
He added that the entrance is too narrow and trucks will roll over as they are coming downhill with fluid.
He further added that the approach has to be changed.
Mr. Johnson said that the intersection at County Roads 74 and 47 will be a major intersection. He said
there should be some safety measures taken with the amount of traffic along with the proposed truck
traffic and added that the people need to be protected that intersection.
Mr. Johnson asked for clarification of the tank washout facility and where the washout water will go. He
asked if there is a drainage permit and what it will entail and further asked if they will be required to put a
containment system in.
Commissioner Sparrow noted that it doesn't sound like Mr. Johnson is against it but has several
unanswered questions. Mr. Johnson said that he is not against it but isn't happy that the well is already
drilled and the culvert is in his easement. He asked that it be fair and done right.
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19t'. Dale Trowbridge, 21949 CR 74, stated that he submitted a letter. He added that he owns the
property to the west. He said that the application said it is self-contained operation and asked why a
groundwater monitoring well is required if it is self-contained. He said that when the groundwater is
ruined you can't change or fix that like dust or noise. He agrees that traffic is an issue.
V'" Nancy Rothe, 21900 CR 74, stated that a week ago they experienced having 200 trucks at the
intersection of County Roads 74 and 47. She added that there was so much noise from the brakes,
honking horns, and the up and down shifting of the trucks. She said that the cruising speed on County
Road 74 is 65 mph. Mr. Rothe stated that she is concerned with traffic safety issues.
Steve Banwell, 39241 Bouldevard E, stated that he lives four (4) miles from this site. He said that
the existing roads are in bad shape and adding this traffic will only make it worse. He questioned the how
this application can be open ended.
rr Lowell Cuthrell, 23507 CR 74, asked if the well has already been drilled what that tells them. He
said it tells them that things are already in motion. He saw the rig but didn't know it was for this purpose.
Commissioner Maxey said that the State of Colorado and the Colorado Oil and Gas Conservation
Commission (COGCC) have their own rules and regulations that these applicants are required to comply
with. He added that the applicants are required to obtain permits to drill injection wells from these
agencies. Mr. Maxey clarified that Weld County only reviews the land use for the site but that the well
permit is through another agency.
Collette Pitchard and Gary Pitchard, 22518 CR 74, stated that they live directly across County Road
74 from this facility. She added that County Road 74 is a treacherous road especially during the winter
and it has a hill on each side of this site. She thanked the applicants for the proposed downcast lighting.
Mr. Pitchard said that the applicants indicated that they will build an acoustic barrier to mitigate noise. He
added that even though it doesn't require a turn lane it needs it with the amount of traffic on County Road
74.
Commissioner Jemiola asked if there is anything else that can be done to mitigate concerns. Mr. Pitchard
said that he liked the suggestion of phasing in the wells and traffic. Ms. Pitchard added that there is
constant traffic and said that there needs to be security measures regarding the traffic.
Janet Lundquist, Public Works, said that the access was granted as a temporary access while they
were drilling their well. She added that the access will be widened to accommodate the truck turning.
Commissioner Maxey asked why the landowner with the easement was not contacted for those
improvements. Ms. Lundquist said that ditches are another entity and if it doesn't get pulled with
ownership of that property, Weld County is not aware that there is a ditch there. She added that the
applicant should be pulling their deeds to know if there is an easement and if there are restrictions upon
that easement. She added that it is between the applicant and the ditch to resolve that problem.
Ms. Lundquist said that the traffic count according to Weld County Code is considered current if it is within
three (3) years. She added that she reviewed the traffic count and it appears that there is a speed
problem on this roadway. The posted speed limit is 55 mph and the traffic count shows that 85% of the
traveling public is going 62 mph. She said that this has become an enforcement issue and should be
addressed with the Sheriff's Department.
Ms. Lundquist said that they have a great working relationship with NGL; however she is not comfortable
with unlimited truck counts either. She said that the traffic study identified 250 truck trips. Ms. Lundquist
said that with the drilling of one well they are expecting 75 truck trips per day and with the drilling of
additional wells the traffic will be phased in. She added that the Traffic Study did not show the phasing of
traffic but rather showed the ultimate traffic limit of 250 truck trips.
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Ms. Lundquist commented that this location has adequate stopping site distance. She said that the
posted speed limit is 55 mph and there needs to be 555 feet for stopping site distance and added this site
has that requirement.
Ms. Lundquist said that she has talked with the Board of County Commissioners in regard to jake brakes;
however she said that the Board feels this county is a right to farm act and is pro oil and gas. She added
that they have relented in some areas to allow No Jake Brake signs to be installed; however this area is
not included in one of those locations. She said that she can take this back to the Board of County
Commissioners for consideration; however it is unlikely that it will change.
Commissioner Sparrow asked what she would recommend with regard to traffic on this road. Ms.
Lundquist suggested adding a condition of approval that states "Prior to the drilling of the second well a
revised traffic study shall be submitted to the Department of Public Works to determine if roadway
improvement triggers have been met".
Commissioner Smock left the meeting at 5:58 pm.
The Chair called a recess at 5:58 pm and reconvened the hearing at 6:11 pm.
Mr. White said that Ryan Surroz, applicant's representative, has spoke with the property owners
multiple times regarding this proposal. Mr. White said that there seems to be a lot of confusion over the
truck trips per day. He stated that the applicant states there will be a maximum of 160 truck round trips
per day. He added that it is a 24 hour operation, unlimited truck trips; however the limit they are
expecting maximum is 160 truck trips.
Mr. White commented that the ditch that Mr. Johnson referred to was not a recorded easement and did
not come up in any records. He added that they did meet with Mr. Johnson several times to discuss this
and they did not try to circumvent any due diligence related to this water ditch. The culvert is temporary
so that water could flow if it needed to flow. The permanent road as specified in the access permit will be
constructed. He agreed with Mr. Johnson that the traffic is already high.
Mr. White said that this facility is a self contained system. He added that groundwater monitoring is
required by Weld County. Mr. White stated that they have proposed landscaping or fencing to shield the
view from the Pitchards and will continue to work with them.
With regard to adding Ms. Lundquist's proposed language, Mr. White believes it should be in the Road
Improvements and Maintenance Agreement and not in the conditions of approval or development
standards.
Commissioner Johnson noted that from living in this area there are probably more ditches that are not
recorded and added that it does need to be dealt with. Mr. White said that it is their intention to ensure
that water will be available in the ditch.
In response to Commissioner Maxey's inquiry, Mr. White reiterated that Ms. Lundquist's proposed
language should be part of the Improvements Agreement and not included in the conditions of approval
or development standards. Ms. Lundquist said that she would be agreeable to placing this in the
Improvements Agreement as it is approved and recorded by the Board of County Commissioners.
Commissioner Maxey asked if all four (4) wells have been permitted to date. Mr. White said that two (2)
wells are currently permitted for this site. He said that as existing wells will slow down they will drill new
wells.
Commissioner Johnson said that he is concerned with safety on this roadway and believes it is a
nuisance for these property owners. He added that he would like to see control over the scheduling of 75
truck trips per day. Mr. White emphasized that the maximum round trips are 160 truck trips per day and
would be happy to lock it in at 160 round trips if that would make everyone feel more comfortable with it.
He added that the Improvements Agreement includes triggers and if they meet any of those triggers they
would be required to make the necessary improvements.
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r The Chair asked if the applicants are comfortable addressing their request of moving Conditions of
Approval 5.A and 5.B at the Board of County Commission hearing as they had done in the past. Mr.
White said that they are happy to defer that to the Board of County Commissioners hearing.
The Chair referred to the staff report narrative on Page 2 regarding the unrestricted number of trucks and
asked if staff had any changes to make. Mr. Ogle suggested amending that sentence to read "The facility
will accommodate up to a maximum of 160 trucks per day and will employ up to ten employees full time
with no more than five employees at any given time period on site to oversee facility operations".
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 USR15-0006 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 Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Joyce Smock
Commissioner Wailes said that it always come back to the traffic issue. He believes that there is a lot of
traffic on this roadway and added that he doesn't think that there won't be an increase in traffic because it
already exists; however it will be stopping in a different location than it normally does.
Commissioner Maxey said that he believes the applicants are trying to be good neighbors and
appreciates reducing the traffic from unrestricted truck traffic to a maximum of 160 truck trips.
CASE NUMBER: USR15-0007
APPLICANT: 70 RANCH LLC, CIO NGL WATER SOLUTIONS DJ, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY-
SALTWATER INJECTION FACILITY AND A TEMPORARY TANK STORAGE
AREA WITH CONTAINMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION. PART SECTION 27, T5N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 69 SECTION LINE; APPROXIMATELY 470
FEET NORTH OF CR 52 SECTION LINE.
r' Kim Ogle, Planning Services, presented Case USR15-0007, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
w' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Doug White, NGL Water Solutions DJ LLC, 8207 W 101h Street, Greeley, stated that this is a
standard saltwater injection facility and is in the center of a very high level of activity within the 70 Ranch.
Mr. White stated that they have a 5 year contract with Bonanza Creek and Bill Barrett within 70 Ranch
and intend to pipe 100% of that water into the facility. They are permitting two (2) wells and may have up
to four (4) wells associated with this facility. He added that they are proposing an average of 160 truck
round trips per day but are requesting unlimited truck traffic.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Ogle referred to Page 2 of the Staff Report narrative and requested that the reference to the
tanker washout be removed as there is no washout facility located on site.
Additionally, Item 2.B on Page 3 Mr.Ogle requested deletion of"...Truck Tanker Washout Facility..."in
the last sentence and replace with"tank storage area with containment".
Motion:Amend Item 2.6 as requested by staff,Moved by Jordan Jemiola,Seconded by Nick Berryman.
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 USR15-0007 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 Jordan Jemiola,Seconded by Bruce Johnson.
Vote:Motion carried by unanimous roll call vote(summary:Yes=8).
Yes:Benjamin Hansford,Bruce Johnson,Bruce Sparrow,Jason Maxey,Jordan Jemiola,Michael Wailes,
Nick Berryman,Terry Cross.
Absent:Joyce Smock.
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 7:01 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
' J / fyL Date:2015.04.10 09:33:49-06'00'
Kristine Ranslem
Secretary
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