HomeMy WebLinkAbout20152156.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 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 1:40 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services; Wayne
Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren Light and Heather
Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
• Motion: Approve the June 16, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR15-0018
APPLICANT: KENNETH&SANDRA BROOKER, C/O CRISWELL TRUCKING
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, (TRUCK PARKING AND STORAGE OF OIL
AND GAS CONSTRUCTION AND MAINTENANCE EQUIPMENT) IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 7 BUFFALO ACRES BEING PART OF SECTION 13, T2N, R68W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 22;APPROXIMATELY 400 FEET WEST
OF CR 13.
Diana Aungst, Planning Services, stated that the applicants have indicated over the phone that they
would like to withdraw this case. Ms. Aungst noted that a letter of withdrawal must be submitted by the
applicant; therefore staff is requesting a continuation of this case to the July 21, 2015 Planning
Commission hearing.
Commissioner Wailes referred to the special July 21, 2015 hearing and recommended that this case to
continued to the August 4th Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Christian Schulte, Bedingfield & Peters LLC, 1812 56th Avenue, Greeley, stated that he is the
attorney representing Jerry and Karen Nelson. Mr. Schulte said that if the Planning Commission is not
going to deny the request today because the applicant has decided not to come, then he understands the
continuance for a formal withdrawal.
The Chair asked for counsel advisement. Brad Yatabe, County Attorney, said that typically when the
applicants are not present he recommends a continuance. However if there is a recommendation to
proceed with this case there will be a presentation by staff and the application would stand on its own. He
recommended continuance of this case.
Commissioner Jemiola said that he is comfortable hearing this case.
• Motion: Continue Case USR15-0018, Moved by Bruce Johnson, Seconded by Benjamin
Hansford. The Chair asked for a specific continuance date. Bruce Johnson amended his motion to
2015-2156
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include the Continuance to the July 21, 2015 Planning Commission hearing at 9:00 am, Seconded by
Benjamin Hansford. The amendment to the motion carried unanimously.
Motion: Continue to the July 21, 2015 Planning Commission hearing at 9:00 am, Moved by Bruce
Johnson, Seconded by Benjamin Hansford. Motion carried unanimously.
CASE NUMBER: USR14-0073
APPLICANT: BUCKLEN EQUIPMENT CO
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 (RECYCLING OF AGGREGATE INCLUDING
CONCRETE, ASPHALT AND FILL DIRT) 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 1 SUBX14-0016 BEING PART NW4 SECTION 31, T6N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 1300 FEET WEST OF 25TH AVENUE AND
APPROXIMATELY 500 FEET NORTH OF NW C STREET.
Diana Aungst, Planning Services, presented Case USR14-0073, stated that this case was continued
from the May 19, 2015 Planning Commission hearing. Ms. Aungst read the recommendation and
comments into the record.
Ms. Aungst recommended amending Condition of Approval 1.A by removing the word "waste" in the
second sentence. Additionally, Ms. Aungst suggested deleting Development Standard 6 and adding a
new Condition of Approval 1.6 for an Improvements and Road Maintenance Agreement.
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 recommended adding a new Condition of Approval 1.6, as Ms. Aungst
stated, for an Improvements Agreement. Additionally, Ms. Petrik suggested deleting Development
Standard 6 which references the 1993 Improvements Agreement. Ms. Petrik recommended amending
Condition of Approval 1.B.8 to read "Show and label the approved accesses, turning radii and parking
and circulation on the map."
• Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan. Ms. Barbare noted that with regard to amending
Condition of Approval 1.A, she was informed by the applicant that he had conversations with the
Environmental Health Director regarding the change; however she was not privy to those discussions.
• Tim Naylor, AGPROfessionals, 3050 67th Avenue, stated that he is representing Bucklen Equipment
Company. Mr. Naylor said that the area that the operations will take place as well as the stockpile is not
within a fenced area. He added that it is within a surveyed staked area. Mr. Naylor stated that in
conversations with Trevor Jiricek, Environmental Health Director, they made a request to change
Condition of Approval 1.A. He added that they asked for"waste"to be removed in the second sentence.
Commissioner Johnson said that waste can be interpreted differently and asked for clarification. Mr.
Naylor said that the facility did receive soil construction material, soils concrete, aggregate and it was
processed on site. He added that there was some litter in that material. It has not been determined if that
is a waste material or just material.
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The Chair asked Ms. Aungst if she has talked with Mr. Jiricek about this item. Ms. Aungst said that she
did not talk to Mr. Jiricek about this specific word; however she did talk with him about the language in the
application currently. She added that she did not receive confirmation directly from Mr. Jiricek concerning
the removal of this word. However, in conversations with Mr. Naylor, he indicated that Mr. Jiricek was in
agreement to this change. Mr. Naylor added that the change came at 10:30 am this morning and has
been last minute. The Chair asked Ms. Barbare her opinion on removing this item. Ms. Barbare said that
they probably would not have any comment related to the removal of the word "waste". She added that
usually you are determining that waste is used beneficially in a manner in getting approved but it is simply
a semantics thing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Condition of Approval 1.A by removing the word "waste" in the second sentence,
Moved by Benjamin Hansford, Seconded by Jordan Jemiola. Motion carried unanimously.
Motion: Delete Development Standard 6, Moved by Jordan Jemiola, Seconded by Bruce Johnson.
Motion carried unanimously.
Motion: Amend Condition of Approval 1.6.8 to read "Show and label the approved accesses, turning
radii and parking and circulation on the map", Moved by Jordan Jemiola, Seconded by Benjamin
Hansford. Motion carried unanimously.
Ms. Petrik recommended adding a new Condition of Approval 1.B to read "An Improvements and Road
Maintenance Agreement is required for offsite improvements at this location. Road maintenance including
dust control, damage repair, specified haul routes and future traffic triggers for improvements will be
included."
Mr. Naylor said that they are currently operating with an existing improvements agreement for the facility.
He asked why that improvements agreement needs to be amended and asked for clarification. Ms. Petrik
said that according to her records it appears that there is a draft improvements agreement that was sent
out to Mr. Naylor in May 2015. It appears that this includes the site for SPR14-0020 which is adjacent to
this parcel. The Chair said that he is looking at this as a separate USR and this is standard language for
a new case. Mr. Naylor said that they are accessing the site the same and the haul routes are the same.
Motion: Add Condition of Approval 1.B to read "An Improvements and Road Maintenance Agreement is
required for offsite improvements at this location. Road maintenance including dust control, damage
repair, specified haul routes and future traffic triggers for improvements will be included", Moved by
Bruce Johnson, Seconded by Benjamin Hansford.
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 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 USR14-0073 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 = 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
CASE NUMBER: USR15-0013
APPLICANT UET MIDSTREAM LLC
PLANNER: CHRIS GATHMAN
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL AND
GAS STORAGE FACILITY(CRUDE OIL TANK FARM AND CRUDE OIL TRUCK
UNLOADING FACILITY AND A DISPOSAL SITE FOR OIL AND GAS
PRODUCTION WASTE INCLUDING A CLASS II INJECTION WELL) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX14-0059; PART SW4 SECTION 34, T8N, R59W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 115 AND APPROXIMATELY 150 FEET
SOUTH OF THE INTERSECTION OF CR 86.5 AND STATE HIGHWAY 14.
Chris Gathman, Planning Services, presented Case USR15-0013, stated that this case was
continued at the June 2nd Planning Commission. There was discussion of removing the saltwater
injection facility and it has since been removed from the application. Mr. Gathman noted that a new site
plan was updated with the injection well removed. There was also a reduction of traffic from 260 round
trips to 130 round trips per day. Mr. Gathman read 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.
Commissioner Johnson asked if there is a problem with turning on or from Highway 14. Mr. Howard said
that the concern is the tighter corners at the county roadways off of State Highway 14 since the highway
is at a 45 degree angle. Therefore the applicant has had their traffic come in that is better suited for the
intersections with the angled highway.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Mickey Leyba, 625 Main Street, Longmont, Colorado, stated that said that the applicant has
removed the injection well component from the application. Additionally, they have reduced the traffic
from 260 round trips to 130 round trips.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Doris Williams, 57875 CR 86, New Raymer, stated that she is an adjacent neighbor and believes that the
applicants have made a lot of changes and have addressed her concerns. She said traffic will always be
a problem.
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 USR15-0013 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 Terry Cross.
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 3:09 pm and reconvened the hearing at 3:24 pm.
CASE NUMBER: USR15-0019
APPLICANT: ANNE BACKSTROM
PLANNER: CHRIS GATHMAN
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (UP TO 35 DOGS) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX11-0014; PART NW4 SECTION 9, T3N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 36 AND EAST OF AND ADJACENT TO
CR 29.
fr Chris Gathman, Planning Services, presented Case USR15-0019, 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light suggested removing Condition of Approval 1.A
as it is covered under Development Standard 13. She recommended amending Development Standard 9
by replacing "approved"to"accepted" and deleting "at all times" at the end of the sentence.
Additionally, Ms. Light recommended removing the first sentence in Development Standard 10.
Rose Neito, 2127 Genoa Court, Loveland, Colorado, stated that she is representing the applicant.
She said that they have operated a kennel in the past. She added that the applicant's daughter and
granddaughter want to be a part of this kennel and therefore they are asking for an increase in the
number of dogs.
In response to Commissioner Smock's inquiry, Ms. Neito said that public would come to the site by
appointment only.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Delete Condition of Approval 1.A, Moved by Benjamin Hansford, Seconded by Terry
Cross. Motion carried unanimously.
Motion: Amend Development Standard 9 and 10 as recommended by staff, Moved by Bruce Johnson,
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 USR15-0019 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 Michael Wailes.
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: ORDINANCE 2015-13
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
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CASE NUMBER: ORDINANCE 2015-14
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
Tom Parko, Planning Services, presented Ordinance 2015-13, and stated that there is an existing
agreement with the Town of Platteville. However, he added that they would like to pursue the new
coordinated planning agreement. The Town has met with staff and the Board of County Commissioners
and all parties agreed to the language. The Department of Planning Services recommends approval of
this request.
Tom Parko, Planning Services, presented Ordinance 2015-14, and stated that this is a new Coordinated
Planning Agreement with the Town of Mead. The Department of Planning Services recommends
approval of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2015-13 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin
Hansford.
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.
Motion: Forward Ordinance 2015-14 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Michael
Wailes.
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.
Commissioner Maxey extended appreciation for staff in building relationships with the municipalities
within the county.
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 4:08 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
fir✓ J $7uimi._ Date:2015.07.09 15:57:24-06'00'
Kristine Ranslem
Secretary
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