HomeMy WebLinkAbout20150679.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3, 2015
D" 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 1:30 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, Steve Elkins, and Tom Parko, Department of Planning Services; Jennifer Petrik,
Department of Planning Services— Engineering Division; Lauren Light and Heather Barbare, Department
of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 17, 2015 Weld County Planning Commission minutes, Moved by
Joyce Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
fr CASE NUMBER: ORDINANCE 2015-1
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE.
W° Tom Parko, Planning Services, requested a continuance to the May 5, 2015 Planning Commission
hearing. He added that Weld County is hosting a follow-up stakeholder meeting on March 12, 2015.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
of this application. No one wished to speak.
Motion: Continue Ordinance 2015-1 to the May 5, 2015 Planning Commission hearing, 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.
fr CASE NUMBER: USR14-0081
APPLICANT: HIGH SIERRA WATER SERVICES LLC, C/O NGL WATER SOLUTIONS DJ,
LLC
PLANNER: KIM OGLE
REQUEST: AN AMENDMENT TO MUSR11-0004 TO INCLUDE 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, MOBILE SOLIDS PROCESSING FACILITY AND A TEMPORARY
TANK STORAGE AREA WITH CONTAINMENT) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: S2SE4 SECTION 30, T3N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 39; NORTH OF AND ADJACENT TO CR 28
SECTION LINE
Kim Ogle, Planning Services, presented Case USR14-0081, 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.
CrYYIXYId U'l( CCL.t 40r7) 2015-0679
3- i/ - i S
" Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested that Condition of Approval 1.6 be deleted as there is an
existing Road Improvements Agreement in place.
Commissioner Berryman asked how much new traffic there is with this facility. Ms. Petrik requested that
the applicant provide that information as it is not stated clearly in the application.
Commissioner Maxey wished to clarify the number of employees on site. Ms. Petrik said that the traffic
narrative indicates there are 15 employees; however in other areas of the application it indicates more
than 15 employees and requested that the applicant address this question.
' Heather Barbare, 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 120th Street, Greeley, Colorado, stated that this
site has been a saltwater injection facility for several years. As the facility has aged, the existing well has
lost capacity and they are currently adding an injection well to the facility to add capacity. Due to the
change in oil prices, companies are moving back to the Wattenberg area and their customers are
requesting additional capacity.
Mr. White stated that currently any oilfield waste that is a solid is required to go to a specific landfill. NGL
is proposing to handle these solids and added that they have applied and have been approved by
CDPHE to handle these wastes. They intend to eliminate truck traffic that currently has to go down by
DIA (Denver International Airport)to dispose of the solids in the appropriate landfill.
Commissioner Berryman asked how much new additional traffic there will be with this facility. Mr. White
said that they run around 100 to 115 trucks for the water recycling and disposal water facility. He added
that they are estimating a 30% increase with the additional solids processing facility.
In response to Commissioner Maxey's inquiry, Mr. White said that currently there are 15 employees and
with the additional solids facility it will increase to 30 employees.
Commissioner Maxey asked if this site has any plans for installation of pipelines. Mr. White said that they
do intend to install pipelines to Anadarko and Noble Energy facilities to eliminate truck traffic.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
r The Chair referred to the suggested change of deleting Condition of Approval 1.B by staff.
Motion: Delete Condition of Approval 1.B as suggested by Staff, Moved by Benjamin Hansford,
Seconded by Joyce Smock. Motion carried unanimously.
Mr. White referred to Conditions of Approval 7.A and 7.B. He asked if these conditions have been part of
their previous cases as he is unfamiliar with the EPA requirement. Ms. Barbare said it is a requirement in
accordance with the Onsite Wastewater Treatment System Regulations and a State and Federal
requirement, should the septic system serve more than 20 people. This case triggers this requirement
since the number of employees proposed is 30 employees.
Mr. White said that they are running into a timing issue with receiving building permits. They are
requesting for their new projects to receive a stipulated agreement for early release of building permits
after the 28 day referral period. The Chair asked staff if this would be a new condition of approval. Mr.
Ogle said that there is a policy that at the end of the 28 day referral period, Mr. White can request a
stipulated agreement for early release of Grading and Building Permits and he can move forward at his
own risk. However, in this case the applicants need to complete Conditions of Approval 5.A and 5.6 in
order to release Building Permits. Commissioner Maxey asked if we can add something that could
provide another option. Mr. Ogle said that Conditions of Approval 5.A and 5.B could be moved to "Prior
to Recording the Plat" and then they could move forward at their own risk with their Building Permits. The
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Chair asked Mr. White if this would satisfy his inquiry regarding the release of building permits. Mr. White
replied yes.
Brad Yatabe, County Attorney, cautioned the board on this move as typically the release of Building
Permits are not given until the case has been approved by Board of County Commissioners. However,
he said that conditions of approval can be moved.
Commissioner Jemiola said that there is a lot of pipeline construction prior to hearing those cases. He
added that if these conditions are moved and the Board of County Commissioners deny it then the project
will cease. Commissioner Maxey added that the Board of County Commissioners can also move it back if
they wish.
• Motion: Move Conditions of Approval 5.A and 5.6 under Conditions of Approval 1.G and 1.H and
reletter accordingly, Moved by Jordan Jemiola, Seconded by Terry Cross. Mr. Yatabe added that by
moving these conditions it doesn't necessarily mean that the Planning Department is obligated to grant an
early release of building permits. He said that the Building and Planning Department would still do an
independent evaluation as to whether they want to enter into a stipulation with NGL regarding the early
release of building permits.
Vote: Motion passed (summary: Yes = 8, No = 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
No: Michael Wailes.
Commissioner Wailes stated that he doesn't fully understand the implication of this at this time and he
trusts Planning Staff's recommendation in their report.
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 USR14-0081 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 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: USR14-0085
APPLICANT: 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: LOT B REC EXEMPT RE-3520; BEING PART SW4 SECTION 29, T2N, R64W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 51; NORTH OF AND ADJACENT TO CR 16.
• Kim Ogle, Planning Services, presented Case USR14-0085, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Sparrow noted that he serves on the Keenesburg Planning Commission; however this was
not discussed at any meetings nor did he have any knowledge of this project. Mr. Jemiola asked if he
thought he could be fair and impartial to this case. Mr. Sparrow said that he feels he can fair and
impartial. Commissioner Johnson asked if any conversation here might influence any future activities in
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Keenesburg. Mr. Sparrow said that with the County handling this case he doesn't think there would be
anything that might jeopardize or influence that. The Planning Commissioners did not have any problems
with Mr. Sparrow hearing this case.
Commissioner Maxey noted that he did not perform a site visit; however this is on his daily route to work.
' Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Maxey asked if there are any concerns with those acute angles for turning onto the
frontage road as well as onto County Road 51. Ms. Petrik said that the referral from the Weld County
Traffic Engineer does not mention those concerns. The typical turning radius for tractor-trailers is 60 feet.
D Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Ofr Doug White, NGL Water Solutions DJ LLC, 8207 W 120th Street, Greeley, Colorado, stated that
originally they proposed two (2) injection wells at this location; however at this time they intend to only drill
one (1) well. He added that the truck trips will be around 150 truck trips. Additionally, they also intend to
have pipeline coming into the facility for injection and processing. Mr. White said that they are requesting
a water recycling facility in the future, as well.
Mr. White stated that they anticipate the majority of the truck traffic to come from County Road 49. They
believe that this is the best location.
Commissioner Sparrow recalled an injection well that is located approximately one mile away from this
facility. Commissioner Maxey added that it is an Anadarko facility but recalled that it was a different
classification. Mr. Ogle said that Anadarko has that facility and it is for non-commercial use only.
Commissioner Wailes said that there was an email circulating from a neighbor regarding lighting and
safety of potable water wells. Mr. White said that they will work with their neighbors and will change the
direction of the lighting if that will help. He added that they want to be good neighbors. Mr. White said
that they adhere to the COGCC standards and do not feel that they pose a risk to water wells in the area
because of the standards that they are required to comply with.
Commissioner Johnson asked how they can control the trucks coming to the facility as it appears that
Keenesburg had concerns that they would be going through the Town. Mr. White said that they are not in
the trucking business and added that the trucks that come into the facility are employed by the producers.
However, Mr. White noted that their Greeley office is in contact with the dispatchers of the trucking
company and they actively manage where the water goes. He added that it is not perfect but it is a way
to influence where the trucks are going.
Commissioner Maxey inquired if the remaining part of the parcel will be farmed. Mr. White said that they
have an agreement with a farmer to farm the remaining site.
D" The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Danny Kipp, Mayor of the Town of Keenesburg, 140 S Main Street, Keenesburg, Colorado, outlined a
letter he submitted to the Department of Planning with concerns from the Town of Keenesburg. He
added that the Town of Keenesburg owns and operates a public water system well within two (2) miles of
the proposed injection well. Keenesburg requests that applicant contact Keenesburg to arrange sampling
of the Town's well water to obtain a baseline sample prior to commencing operation. Additionally, they
are requesting the quarterly sampling program be continued as long as they are in operation. Mr. Kipp
requested to place a condition of approval that the applicant would be responsible for the sampling and
quarterly monitoring requirements.
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Commissioner Maxey asked that since the Mayor of Keenesburg has spoken if Commissioner Sparrow
should recuse himself. Commissioner Sparrow said that he has not seen or heard this case prior to today
but leaves it to the Planning Commission. Mr. Yatabe said that he does not see a conflict of interest.
However, he added that there is a full Planning Commission here today and suggested to avoid conflict it
might be best to step down. Commissioner Sparrow excused himself from the case.
Commissioner Maxey noted that they didn't have a copy of the letter submitted by the Town of
Keenesburg. Staff provided a copy of the letter for the Planning Commission to review. Mr. Kipp briefly
explained the requested conditions of approval outlined in the letter submitted by the Town of
Keenesburg.
Additionally, Mr. Kipp referred to the Staff Report and requested that Item 2.D, 41h paragraph, 1st sentence
which reads "The Town of Keenesburg has concerns with truck traffic from the NGL Disposal site and the
impacts to County Road 16, County Road 51 and the 1-76 Frontage Road" be removed. He said that their
referral doesn't express concerns; however they ask to be part of the Road Maintenance Agreement.
Commissioner Maxey asked if the County had directed the applicants to visit with the Town of
Keenesburg while the Coordinated Planning Agreement with Keenesburg was being finalized. Mr. Ogle
stated that the applicants were told to reach out to the Town of Keenesburg. He added that
representatives with NGL visited with the Mayor and representatives of the Town of Keenesburg. Mr.
Kipp said that they did not know about this application until they received the 28 day referral. He added
that the referral from Keenesburg was in late because they wanted the applicant to come to them to
discuss this application.
In response to Commissioner Maxey's inquiry, Mr. Ogle stated that staff had no concerns with
removing the first sentence in the fourth paragraph of Item 2.D of the Staff Report.
Motion: Remove the first sentence in paragraph four of Item 2.D of the Staff Report, Moved by Michael
Wailes, Seconded by Nick Berryman. Motion carried unanimously.
Mr. White noted that they appreciate that the Towns of Hudson and Keenseburg are open to discussion;
however they would like to keep this site under Weld County jurisdiction.
Mr. White stated that as part of the rules and regulations administered by COGCC they are required to
perform quarterly groundwater sampling at all their facilities by a third party engineering firm. These
results are submitted to the State and are public record. With regard to the Town's request to sample
their wells quarterly, he deferred that to the State as well as the Oil and Gas Commission as they might
help the municipalities from the impacts of the oil and gas industry. Commissioner Maxey asked how
close their other injection wells are to other municipalities. Mr. White said that they are not within 2 miles.
He asked that they be held to the same standard as the Anadarko injection well that is 2.5 miles away
from Keenesburg.
Mr. White would like to reserve the discussion regarding the Road Maintenance Agreement if or when
jurisdiction would change. Ms. Petrik said that she has been corresponding with Rich Hastings in Public
Works who draws up the Improvements and Road Maintenance Agreements. She said that he indicated
that we have added a municipality into the agreement; however it is not typical. Typically, an
Improvements Agreement is completed through Weld County and then once it is annexed then a new
agreement would be formed between the municipality and the applicant. Mr. White said that he would
like to offer an olive branch that NGL would be open to the Town of Keenesburg being a successor. He
said that he would like to spend a little time on this agreement to fully understand the issue but that he
believes this could be worked out prior to the Board of County Commissioner hearing.
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. Mr. White requested to move Conditions
of Approval 5.A, 5.6 and 5.C to under Conditions of Approval 1.H, 1.1, and 1.J.
Commissioner Maxey said that he would like to defer this request to the Board of County Commissioner
hearing since these conditions won't be affected between now and that hearing. Mr. White said that he
will request these changes at the Board of County Commissioner hearing.
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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 USR14-0085 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Absent: Bruce Sparrow.
The Chair called a recess at 3:55 pm and reconvened the hearing at 4:07 pm.
Dfr CASE NUMBER: USR14-0074
APPLICANT: ENRIQUE& MYRNA CARILLO
PLANNER: STEVE ELKINS
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 (EMPLOYEE AND COMMERCIAL VEHICLE
PARKING AND MACHINERY/ TOOL 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: PART NE4 SECTION 35, T5N, R66W&SE4 SECTION 26, T5N, R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO 49TH STREET;WEST OF AND ADJACENT
TO 35TH AVENUE RIGHT OF WAY.
' Steve Elkins, Planning Services, presented Case USR14-0074, reading the recommendation and
comments into the record. Mr. Elkins noted that correspondence has been received from the surrounding
property owners in objection to this request. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Commissioner Smock asked if all the vehicles are associated with the business. Mr. Elkins replied yes.
Commissioner Hansford said that it is not stated in the application about any repair or restoration of
vehicles; however according to the letters submitted these activities are being done on site. Mr. Elkins
said that was correct and those activities would need to cease if this case is approved since it was not
included on the application.
Brad Yatabe, County Attorney, provided letters and pictures that were submitted from the public prior to
the hearing today.
01' Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested adding a Condition of Approval 1.E.7 that reads "Show and
label standard tracking control onto publically maintained roadways on the map".
P. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Commissioner Johnson asked how this lot was created. Mr. Elkins had not done the research but said it
must have been done prior to the subdivision regulations.
Jon Burtard, 822 7'h Street, stated that he represents the applicants. The proposed use is parking
15 commercial pickup trucks on site. The employees will arrive in the morning, park their personal
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vehicles and leave the site in the pickup trucks to various oil and gas fields. He added that there is a
small amount of equipment that is occasionally parked there as well such as trailers, backhoe, manlift and
two (2) semi-trucks. Mr. Burtard noted that located to the south of the subject property is another site that
has the same use. He said that the City of Evans is requiring a right-in and right-out only access on 49th
Street so that should address any traffic issues. He said the applicants are proposing an opaque fence
around the property to mitigate the perceived unsightliness.
Commissioner Smock said that according to the application most of the work is being done around New
Raymer; however it is stated that most of the customers are located west of the site. Mr. Burtard said that
that must be an inaccuracy in the application and added that most of the work is performed around New
Raymer.
Commissioner Wailes said that it appears there were other activities that were going on that brought this
property into violation. Mr. Burtard said that those activities such as painting and welding have stopped
and the applicants do not wish to continue those activities.
Commissioner Jemiola referred to photos that were submitted and asked if the salvage material, tires,
and blue and rusted barrels will remain on site. Mr. Burtard said that no salvage material will be on site;
however he has not visited the site and cannot say if those other items will remain.
Commissioner Johnson asked how the applicants will ensure that the property will remain in compliance
with. Mr. Burtard said that the applicants intend to have minimal tools on the property and added that the
applicants would be happy to give any assurance that they will remain in compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Lowell and Deb Porter, 3630 W 49`" Street, stated that they live three houses down from the property.
She wished to submit a picture from her cell phone that she took today; however she was directed to
email this picture to staff to make it part of the record. Ms. Porter said that the painting is still going on
today. She expressed opposition to this request due to traffic, noise, and unsightly storage. She added
that they have been having large gatherings on their property with loud music.
Mr. Porter said that the acreage is wrong on the application. It states that there are 1.4 acres but the
Weld County Assessor website shows that there is 1 acre. He stated that the property to the south that
was referred to that has a similar type of business is located on over 4 acres and have less than 10
employees. He believes that this site is overcrowded with the size of the property and the number of
vehicles and 30 employees.
Commissioner Berryman said that it sounded like traffic came in and out all day to the site. Mr. Porter
said that the heaviest is in the morning and late day but it does come in and out throughout the day.
Commissioner Maxey asked if there was something that could be done to mitigate these issues. Mr.
Porter said that there would need to be less than 5 employees and 5 vehicles with the size of property
that there is.
Bobbi Cox stated that she is representing her mother Esther Schank who lives at 4020 54'" Street.
Connie Nelson also added that she is Ms. Schank's daughter. Ms. Cox stated that the walkway south of
the applicant's property has been driven on by the applicants. On the north side of the walkway is high
pressure gas lines that go to the DCP property located east of the site. She added that she alerted DCP
that they were driving on it.
Connie Nelson stated that the applicants tore down the sectional fences and she spoke with the
applicants. Ms. Nelson said that the trucks are 350 dully pickup trucks carrying heavy equipment. She
expressed concern regarding the unsafe driving conditions of the employees. She said that she would be
acceptable to lowering the number of people and equipment. Additionally, she said would like to have a 6
foot fence and to have the lot surveyed because it seems that there are arguments on the ownership of
land.
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Butch Hanes, 3610 49th Street, stated that he lives west of and adjacent to this site and has lived
there since 1979. He added that said that all these activities have been going on for the past year. He
said that they perform welding, run impact wrenches, change tires, etc. He is not confident that the
applicants will comply in the future since they haven't complied at this point.
Commissioner Jemiola asked if they could mitigate any of these issues. Mr. Hanes said no and added
that it has been aggravating for far too long.
Sarai Carillo stated that they are not focused on their neighbor's property and so they should not be
focused on the applicant's property by taking pictures and trespassing. She added that the applicants
only want to run their business and live there.
be°' Marlon Ogden, 5025 44th Avenue, stated that he lives about one mile to the west and drives by this
property 2 or 3 times a day. Mr. Ogden said that he is a small business owner and has to abide by the
rules. He said this property is so small for all these vehicles. He added that at noon he counted 26
vehicles and 2 U-Haul vans. He noted that there is no way to get a semi on the property.
Carole Applegarth, 4220 49th Street, stated that when the School opens up on 65th Avenue 49th and
47th Streets will be the entrance and exists to that site. She expressed concern regarding traffic safety.
Randy Meyer, 3400 W 16th Street, stated that he owns property north of the site which is a storage
facility. If the eastern access is to be closed, he asked how the trucks can turn around or circulate inside
the property.
The Chair noted that Ms. Petrik needed to leave and that Michelle Martin would answer any traffic
questions in her absence.
O" Mr. Burtard said that the right-in and right-out and the closure of the eastern access addresses the
traffic issues. He added that the 6 foot opaque fence would screen the site from adjacent property. He
said that there could be conditions of approval added that would limit and prevent the applicants from
storing large amounts of tools, etc. Mr. Burtard believes that the site is actuallyl.4 acres and that the
Assessor's records are either rounding down the acreage or is incorrect.
Commissioner Maxey asked staff to verify the acreage. Mr. Elkins said that technically there are 1.4
acres; however there is .2 acres reserved for future road right-of-way and therefore the net acreage is
1.19 acres.
Commissioner Cross asked if the applicants could demonstrate their good will by cleaning up some
drums, tires, etc. prior to County Commissioner hearing. Mr. Burtard replied that the applicants would be
willing to clean up the site.
Commissioner Maxey asked Ms Martin about the semis turning around on the site and the lack of room
available. Ms. Martin stated that the City of Evans has jurisdiction over both 35th Avenue and 49th Street
and they have requested right-in and right-out only at the access. Mr. Burtard said that if the semis
cannot get in or out of the site they just will not be able to park semis there.
Commissioner Johnson asked if the applicants have considered another location more suitable to this
type of and size of business. Mr. Burtard said that the applicants are dealing with limited resources and
are not able to afford another location.
Commissioner Berryman asked if there is any consideration of reduction of employees and vehicles. Mr.
Burtard said that there has not been any consideration of it yet.
Commissioner Wailes asked how long the applicants have operated this business. Mr. Burtard replied
that they have had the business since 2003. In response to Commissioner Wailes inquiry, Mr. Burtard
stated that they were located at a property on 16th Street in Greeley.
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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.
The Chair asked if the Planning Commission wished to add the recommended Condition of Approval
1.E.7 that reads "Show and label standard tracking control onto publically maintained roadways on the
map". No one wished to speak; therefore it was not added to the staff report.
Motion: Forward Case USR14-0074 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Commissioners Jemiola and Sparrow
cited Section 23-2-220.A.3
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 Johnson also cited Section 22-2-20.G.2 A.Policy 7.2 and added that this business cannot
be supported on this particular site. Additionally, he cited Section 23-2-220.A.4 as the City of Evans had
a problem with how this site fits with their plan.
Commissioner Wailes said that he is concerned with the intensity of the use of this particular parcel. He
added that when you remove the house site you are talking about less than an acre to park these
vehicles. He cited Section 23-3-40 regarding use by right and with use by right there is a standard of 5
commercial vehicles per parcel with 80 acres or larger or 1 commercial vehicle for a parcel of 80 acres or
smaller. He believes that 15 commercial vehicles on less than 1 acre is really pushing the intensity.
Commissioner Berryman commented that he is concerned with the size of the operation. He encouraged
the applicants to think about reducing the number of vehicles and employees prior to the Board of County
Commissioner hearing.
Commissioner Sparrow said that they all believe in private property rights and added that they have the
right to benefit from their property. However, in so doing they do not have the right to take away other
people's ability to benefit from their property.
Commissioner Maxey encouraged the applicants to talk to the surrounding property owners to work on
their concerns. He also asked the applicants to consider if this is the location that they want this business
because if there are complaints in the future there may be additional hearings and time spent on this.
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 5:55 pm.
Respectfully submitted,
/� Digitally signed by Kristine Ranslem
.i7Qi14%turL Date:2015.03.06 10:44:26-07'00'
Kristine Ranslem
Secretary
9
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