HomeMy WebLinkAbout20151406.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 5, 2015
0" 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 1:35 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent/Excused: Bruce Johnson and Benjamin Hansford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst and Tom Parko, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Frank
Piacentino, Building Department; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 21, 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
" 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.
Tom Parko, Planning Services, requested a continuance to the June 2, 2015 Planning Commission
hearing to finalize proposed changes. Commissioner Jemiola requested that this case be continued to
the June 16, 2015 Planning Commission hearing due to a large agenda on June 2n°. Mr. Parko agreed to
continue this case to the June 16, 2015 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
fr Motion: Continue Ordinance 2015-1 to the June 16, 2015 Planning Commission hearing, Moved
by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
CASE NUMBER: USR14-0084
APPLICANT: DONALDSON AND COMPANY LLC
PLANNER: CHRIS GATHMAN
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 (OUTDOOR TRUCK STORAGE 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 B REC EXEMPT RE-5106; BEING PART OF THE W2SW4 OF SECTION
22, T6N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66 AND EAST OF AND ADJACENT TO
CR 43.
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' Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the
June 16, 2015 Planning Commission hearing to allow time for the 30 day mineral notification requirement.
Commissioner Berryman noted that he has a business relationship with the principal in the LLC on a
different and separate parcel. In consultation with the Weld County Attorney, Mr. Berryman stated that he
will recuse himself from the vote on this continuance.
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: Continue USR14-0084 to the June 16, 2015 Planning Commission Hearing, Moved by
Terry Cross, Seconded by Bruce Sparrow.
Vote: Motion passed(summary: Yes =6, No = 0, Abstain = 1).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross.
Abstain: Nick Berryman.
D" CASE NUMBER: ORDINANCE 2015-6
PRESENTED BY: FRANK PIACENTINO/TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 29 BUILDING REGULATIONS,OF THE WELD COUNTY CODE.
• Frank Piacentino, Building Department, provided a brief outline of the changes recommended to
Chapter 29 Building Regulations of the Weld County Code. Included in these changes is the adoption of
the 2014 National Electric Code.
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 2015-6 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
W° CASE NUMBER: USR15-0015
APPLICANT: JESUS&MARGARITA HERNANDEZ
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING FOR UP TO 4 COMMERCIAL
VEHICLES ALONG WITH OCCASIONAL ON-SITE VEHICLE MAINTENANCE
((OIL CHANGES)) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-3062; BEING PART OF THE SE4 OF SECTION 13,
T6N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 49.
• Chris Gathman, Planning Services, presented Case USR15-0015, 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.
Commissioner Smock asked Ms. Petrik to identify the three (3) accesses along County Road 49 on the
visual map. Ms. Petrik noted that one access is for agricultural, one access is for commercial, and one
access is for residential access. Commissioner Maxey asked if the Planning Commission can restrict the
number of accesses given that this property is fairly small and it is along County Road 49. Brad Yatabe,
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County Attorney, stated that they can restrict the number of accesses. Commissioner Maxey said that
they will hear from the applicant in his presentation.
D' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light said that staff has received direction from the
Board of County Commissioners and the Environmental Health Director. She recommended amending
Development Standard 8 to read "Fugitive dust shall be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations."
Additionally, Ms. Light recommended amending Development Standard 7 to read "Waste materials shall
be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions,
blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14 Article I of the Weld County Code". Ms. Light read into record the definition of Chapter 14
Article I of the Weld County Code.
• Margarita Hernandez, 33057 CR 49, stated that they have four (4) trucks that they use. Ms.
Hernandez referred to closing off an access and added that the trucks are entering through the residential
access because there is not enough room for the trucks to park and they have designed their water
quality feature in this area, which limits where they can park.
Commissioner Wailes asked the applicant to verify the hours of operation. Ms. Hernandez said that the
belly-dump trucks operate Monday through Friday. In the winter her husband will start the trucks as early
at 5 am to get ready for day. She added that they generally don't leave the site until about 7 am and
arrive around 7 pm in the evening. Ms. Hernandez said that they will be occasionally called out if there is
a spill or something.
The applicant explained the accesses on the visual slide and noted that the two (2) accesses are a half-
circle driveway. Commissioner Maxey asked if the definitions could be combined for the residential and
commercial since they technically enter from the residential access and park by the commercial access.
Ms. Petrik said that Public Works assigns the access points and added that they may not have been
aware that the north access point was going to be used as a commercial access. Mr. Maxey stated that if
Public Works has reviewed and approved three (3) access points he doesn't want to spend a lot of time
on it. He added that it is a question of why there are so many accesses for a small piece of property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Di" The Chair referred to the recommended changes by staff to Development Standards 7 and 8.
Motion: Amend Development Standard 7 as recommended by staff, Moved by Bruce Sparrow,
Seconded by Michael Wailes. Motion carried unanimously.
Motion: Amend Development Standard 8 as recommended by staff, Moved by Michael Wailes,
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 USR15-0015 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Michael Wailes, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes =7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
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i' 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-2400; 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, stated that this case was continued from the April 7, 2015
meeting. The applicant was requested to work with the neighbors and provide details regarding the
business. The applicant submitted a letter on April 30, 2015 answering staffs questions and provided a
map identifying the parking area.
The Chair asked if there are any changes or additional information from Engineering or Environmental
Health. Lauren Light, Environmental Health, said that they will recommend changes to the Development
Standards and Conditions of Approval based on direction from the Board of County Commissioners.
Wayne Howard, Engineering, stated that they have no changes. Mr. Aungst added that she has no
additional changes,
Ms. Light recommended amending Development Standard 16 to read "Fugitive dust shall be confined on
the property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality
Regulations:
Additionally, Ms. Light recommended amending Development Standard 14 to read "Waste materials shall
be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions,
blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14 Article I of the Weld County Code". Ms. Light read into record the definition of Chapter 14
Article I of the Weld County Code.
Ms. Light also recommended deleting Conditions of Approval 1.B and 1.C because those refer to dust
and waste.
ED" Teri Schwartzkopf, 25569 CR 44, Kersey, Colorado and Chris Carpenter, 2504 Heather Lane,
Evans, Colorado, and Juan Ramirez, 3775 W 25th Street, Greeley, Colorado. Ms. Schwartzkopf said that
they have downsized the limit of trucks to 15 trucks. In talking with one neighbor, Ms. Schwartzkopf has
relocated the parking area to the west as requested. She added that they have implemented the dust
control. Screening was advised and they have a company working on fencing for the east and north
sides of the property. Ms. Schwartzkopf said that they have removed parts of the campers or have
moved them out to leave no speculation that they are lived in.
Commissioner Sparrow recalled the concern of the storage of tires on site. Ms. Schwartzkopf said that
they have removed all the tires.
Commissioner Smock asked if the 15 trucks will include the trucks that the landowner owns. Mr. Ramirez
said the total number of trucks will be 15.
Commissioner Maxey asked the applicant if she tried contacting the other neighbors. Ms. Schwartzkopf
said that she tried to contact them but didn't have phone numbers for them or they weren't home.
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Commissioner Berryman asked if there are any changes regarding noise mitigation. Ms. Schwartzkopf
said that with less activity and less traffic there is less noise.
Commissioner Maxey noted that in the applicant's follow-up letter she indicated that Saturday's hours of
operation will only be maintenance in the shop behind closed doors and asked if that was correct. Ms.
Schwartzkopf replied yes.
Commissioner Smock clarified if at any time there will be more than 15 trucks. Mr. Ramirez said that the
total is 15 trucks, Ms. Smock asked if the office has been removed. Ms. Light stated that the applicants
indicated that it has been removed.
Commissioner Smock said that previous concern was the control over the property and asked Ms.
Schwartzkopf if she will have control over the property. Ms. Schwartzkopf replied yes.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tammy Long, 25660 CR 44, Kersey, stated that they own the 80 acres directly south of the subject
property. She said that the campers have been moved, there are less trucks and there has been a little
less activity. However, she expressed concern with 15 trucks as it is a commercial operation. Ms. Long
stated that the letter they submitted in opposition to this case included their cell phone numbers and they
have not been contacted or visited by Ms. Schwartzkopf. She finds it hard to believe that the hours of
operation will be restricted and objects to the whole operation.
Commissioner Sparrow said he is disappointed that the applicant didn't talk with Ms. Long; however it
appears that she has tried by reducing the numbers. Mr. Sparrow asked if Ms. Long is comfortable with
the changes. Ms. Long replied no and added that with 15 trucks it is a commercial operation.
Mary Albee-Hedstrom, 25775 CR 44, Kersey, Colorado stated that she has the locked gate;
however Ms. Schwartzkopf said she knows them and could have sent a letter. Ms. Albee said that she
counted 32 trucks at one time and doesn't believe that they are honest with Ms. Schwartzkopf with how
many vehicles are coming through. She added that there is no one on site to govern the hours of
operation when trucks are there after hours. She said that by closing those doors in the summer it will be
too hot to work. She asked who is here to support this since three (3) of the neighbors who surround
them are opposed to this.
Commissioner Sparrow asked if the changes the applicant has made has made any difference. Ms.
Albee-Hedstrom replied no.
W" Renee Perkins, 21131 CR 53, Kersey stated that she spoke by phone with Ms. Schwartzkopf. She
appreciates the changes that she made; however she is still opposed to this request. She said that this
morning there were 17 trucks and the past week there has been between 17 and 22 trucks and doesn't
believe that they will stick to the 15 trucks. Ms. Perkins requested that the parking be relocated to the
west of the applicant's residence.
Commissioner Jemiola asked if the proposed changes have made it more amenable. Ms. Perkins said it
makes it easier for her to go outside her back door but she is not amenable to it.
• Ms. Schwartzkopf said that she has verified every morning and every night for the last seven (7)
days and there have been 13 trucks on the property. She said that she has been contacted by two
realtors in regard to selling her property and she asked them if her business would devalue her neighbors'
property and the realtors replied no.
Commissioner Berryman asked if we are officially counting one truck and one trailer as one (1) unit. Ms.
Aungst believed that one truck and one trailer is one unit but deferred to Mr. Howard with Engineering.
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Mr. Howard said that was correct. In response to Commissioner Maxey's questions, Mr. Howard said that
if there was a trailer without a truck it would still be considered one unit for storage. He added that the
application stated it was a storage facility; however it sounds that there is more truck traffic than originally
indicated and asked for a detailed traffic count. Ms. Schwartzkopf said that she doesn't have a response
to the traffic numbers at this time. Commissioner Maxey asked if there are other trucks that come onto
the property. Ms. Schwartzkopf said that there are only 13 units on site. Mr. Howard said that it answers
the volume of storage but it doesn't answer the volume of traffic per day. Ms. Schwartzkopft said that
these trucks leave in the morning and come back at the end of the day.
Commissioner Jemiola asked how many trailers will be on site. Ms. Schawartzkopf said that there are 18
trailers. Mr. Howard said that with 15 trucks per day requires a tracking control device of 300 feet of
crushed asphalt or gravel. Because the site might not be 300 feet it would require that all drive areas
would require crushed asphalt or gravel.
Ms. Aungst said that we can add a development standard to have a maximum limit on semis and trailers.
She recommended adding Development Standard 3 to read "The number of trucks shall be limited to 15
power units and 18 trailers." Ms. Aungst suggested amending the request language to the same as well.
Brad Yatabe, County Attorney, stated that the planner can make those changes to the request prior to the
Board of County Commissioner hearing.
r" The Chair referred to the recommended changes by Environmental Health and asked the Planning
Commission for their thoughts.
Motion: Delete Conditions of Approval 1.6 and 1.C, Moved by Bruce Sparrow, Seconded by Michael
Wailes. Motion carried unanimously.
Motion: Amend Development Standard 16 to read "Fugitive dust shall be confined on the property. Uses
on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations", Moved
by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously.
Motion: Amend Development Standard 14 to read "Waste materials shall be handled, stored, and
disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14 Article I of
the Weld County Code", Moved by Jordan Jemiola, Seconded by Nick Berryman. Motion carried
unanimously.
The Chair asked if the Planning Commission wishes to make any changes to Development Standard 4
regarding hours of operation as it is written in the staff report. No one wished to speak.
Motion: Add Development Standard 3 to read "The number of on-site trucks shall be limited to 15 power
units and 18 trailers", Moved by Jordan Jemiola, Seconded by Nick Berryman. Motion carried
unanimously.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
Commissioner Maxey noted that the reason he is in approval of this development standard is because the
number of trucks is less than the original request.
Ms. Aungst asked if we need to amend Development Standard 1 in regard to the request language. Mr.
Yatabe said that the request language appears in a number of places within the staff report and
suggested to change the request language in all places within the staff report.
Motion: Amend the Staff Report to reflect the new request language in accordance with Development
Standard 3", Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously.
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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.
Commissioner Berryman asked the Planning Commission for discussion of their thoughts regarding
compatibility. Commissioner Sparrow said that there has been some progress; however he is
disappointed that no discussion has taken place with the neighbors. Commissioner Maxey noted that the
minimum notice requirement has been met however. Commissioner Jemiola said that this property is
larger and consistent with other trucking operations. He added that the applicant has made some efforts
in mitigating the concerns of the neighbors.
Motion: Forward Case USR15-0004 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. Motion died due to lack of second motion.
Commissioner Cross said that when he thinks of a trucking operation in the agricultural zone district
he thinks of how the property was used previously with the 2 or 3 tractors pulling 3 or 4 cattle pots.
However when he looks at the pictures and there is 15 or 20 tanker trailers there he sees how it affects
the compatibility of the neighbors.
Commissioner Jemiola said that he doesn't believe it is a high intense use of the property.
Commission Wailes agreed with Mr. Cross and added that there are a lot of trucks in the photograph. He
is concerned as it appears that there is some subletting going on and despite as much control the
applicant may have it will always be questionable as there are multiple parties involved.
Commissioner Smock expressed concern on the uncertainty of this application. Although she believes
the applicant has done a great deal to mitigate some of the issues, she feels that there is a lot of
uncertainty that remains. She added that if this were an agricultural operation (hauling cattle, etc.) that
might be a little different and doesn't think it is compatible in this area.
Commissioner Maxey said that one of the beautiful things about Weld County is that you can have a
piece of agricultural zoned property and can put a confined animal feeding operation or an oil injection
facility or a trucking operation on it. He said it does come down to compatibility and added that he has a
hard time believing that if this were 20 cattle trucks that it would be acceptable with the neighborhood
even though it is an agricultural use. Mr. Maxey stated that this is a tough case and added that they look
at the parameters of the code. He added that the applicant has made a decent case that it is within those
parameters.
De" Motion: Forward Case USR15-0004 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of denial, Moved by Michael Wailes, Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Bruce Sparrow, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross.
No: Jason Maxey, Jordan Jemiola.
Commissioner Wailes cited Section 23-2-220.A and Section 23-2-220.A.2 for the basis of his motion.
Commissioner Wailes stated that he believes the intensity and density of what is happening here reaches
the upper limit of what was intended for a USR in this particular case in the agricultural zone district.
Additionally, Mr. Wailes cited Section 23-2-220.A.7. Commissioner Smock cited Section 23-2-220.A.3
regarding compatibility.
Commissioner Sparrow said it is a tough case and added that these problems can be solved and worked
out among the parties. He believes in private property rights; however in doing so do you have a right to
take away other people's ability to benefit from their property and that is a fine line.
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Commissioner Cross agreed that it is a tough case and encouraged the applicant to improve her position
with her neighbors prior to the County Commissioner hearing.
Commissioner Berryman stated that there is no doubt that the applicant can get this approved under this
process and they have modified their proposal than what it was before. However, he believes that in
looking at compatibility with the surrounding uses this operation is a little bit too big in size. In looking
forward, he encouraged the applicants to look at the operation size.
Commissioner Wailes echoed Mr. Sparrow's comments and only wants success for the applicants and
the surrounding neighbors. He encouraged the applicants to reach out to the neighbors and talk with
them and find out what you can do to make this work.
Commissioner Smock said that the applicant has made a good start with mitigating the concerns;
however there are still some issues that are unclear. She added that she hopes the applicant will talk
with the neighbors and get some of these concerns worked out.
Commissioner Jemiola stated that he believes the applicant has made strides to mitigate some of the
concerns of the surrounding property owners and that this operation is compatible with the surrounding
area.
Commissioner Maxey said that there are some compatibility issues but believes that the applicant has
attempted to mitigate those concerns regarding dust control, waste disposal and screening. He has
concerns that if there were 5 or 10 trucks that it would still be an issue. The issue isn't what the trucking
operation is but it is an issue of traffic. He believes that these concerns can be mitigated and it can be
compatible with the surrounding uses.
The Chair called a recess at 4:13 pm.
Commissioner Maxey left the meeting at 4:30 pm.
Vice Chair Jemiola reconvened the hearing at 4:33 pm.
i" CASE NUMBER: USR15-0012
APPLICANT: SADDLE BUTTE ROCKIES MIDSTREAM LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL);
TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS STORAGE
YARD IN THE A(AGRICULTURE)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2045; PART S2NW4 SECTION 24, T3N, R65W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 2640 FEET NORTH OF CR 30; EAST OF AND ADJACENT
TO CR 47 SECTION LINE.
` Kim Ogle, Planning Services, presented Case USR15-0012, 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.
D' Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
O' Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan. Ms. Barbare recommended an amendment to
Condition of Approval 1.A to read "The applicant shall submit written evidence of a commercial drinking
water well or other adequate water source to Weld County Department of Public Health and
Environment".
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Based on direction from the County Commissioners and the Environmental Health Director, Ms. Barbare
recommended amending Development Standards 6 to read "Waste materials shall be handled, stored,
and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with the approved "waste
handling plan" and with Chapter 14 Article I of the Weld County Code, at all times".
Ms. Barbare recommended amending Development Standard 7 to read "Fugitive dust and future
particulate emissions shall be controlled on this site. The facility shall operate in accordance with the
accepted "dust abatement plan", at all times. Fugitive dust shall be confined on the property. Uses on
the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations".
Additionally, Ms. Barbare recommended amending Development Standard 13 to read "The facility shall
adhere to maximum permissible noise levels allowed in the non-specified zone as delineated in Section
14-9-30 of the Weld County Code and with all applicable noise State Statutes and/or regulations."
• Trent Miller, Saddle Butte Rockies Midstream, 1900 16th Street, Denver, stated that oil terminal
facility will be located in the southern half of the property and the northern half of the property will be an
equipment laydown yard for the facility. He added that the oil polishing facility is planned in the future as
commitments to the facility are determined.
Commissioner Smock asked what oil polishing is. Mr. Miller said the oil is reduced in volatility so it can
meet the specifications that the receiver can accept. Ryan Sheez, Project Manager, said that polishing is
when heat and mechanical separation is used to reduce the water content.
• The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Jeremy Hunter, 14788 CR 47, stated that he lives north of proposed facility. He expressed concern that
no one has contacted them on what the proposed project is. He added that this area has turned into a
massive oil station and no one has given them any safety protocols. Mr. Hunter said that he is concerned
with access to his property as it is landlocked.
Commissioner Berryman clarified if the concern is having dialogue with the applicants. Mr. Hunter replied
yes and asked how this will affect their quality of living, safety, property value and is concerned with the
amount of truck traffic.
• Karrie Green, 15114 CR 47, stated that there are a lot of issues with section and boundary lines in
this area. She is concerned about the number of trucks. Currently, with the Anadarko facility nearby
there are trucks backed up and is concerned with traffic safety. She added that the lights are shining in
her house and the noise is 24 hours a day, 7 days a week.
Commissioner Jemiola asked who owns the private easement. Ms. Green stated that Joel Ritchey owns
the easement. She added that no one has told them about this project and would like to know how it will
affect her family.
Commissioner Berryman asked if there is anything that could mitigate these issues. She said that safety,
dust, noise, lights, and traffic need to be addressed. Mr. Berryman asked where the trucks are stacking
up. Ms. Green said it is along the paved road on County Road 30. Mr. Howard said that they are not
aware that staging is taking place.
Commissioner Wailes asked if there is anything to make this acceptable. Ms. Green does not want to
stop progress but doesn't know how to fix these problems.
IW" Dorothea Elias, 15109 CR 47, echoed the previous concerns. She said that the lights and burn off
fumes is a nuisance.
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• Denea Burgess, 14768 CR 47, expressed concern that the property line is not correct. Her fence
line should be located 10 feet south of the existing fence line and indicated that the applicants are
working on their property. Ms. Burgess said that the road is not in good shape and they should maintain
it if they are using it. She added that there is a lot of trash blowing around.
0" Commissioner Sparrow asked for clarification of the property lines and asked if Ms. Burgess is
correct that you might be working on her property. Mr. Miller said that there is no construction taking
place but added that she may be referring to the pipeline that is currently being installed.
Mr. Miller said that they have contacted Joel Ritchey and have entered into an agreement and will pay for
maintenance of that road. Additionally, he said that they will pave 300 feet on County Road 47 north of
County Road 30. Regarding fire protection and safety they have talked with the Southeast Weld Fire
Protection District on the type of foaming protection that is going to be installed in the tanks and any of
their additional requirements or concerns.
Mr. Miller said that at full build out there will be a maximum of 15 trucks off loaded per day. Mr. Sheez
said that there will be a flare but only used during truck off-loading. Mr. Sheez said that there may be
some fumes but they are required to ensure 99% efficiency.
Commissioner Berryman requested that they hand out their business cards to the surrounding
landowners today and talk to them about the proposed project.
S" Motion: Amend Condition of Approval 1.A to read "The applicant shall submit written evidence of a
commercial drinking water well or other adequate water source to Weld County Department of Public
Health and Environment", Moved by Bruce Sparrow, Seconded by Nick Berryman. Motion carried
unanimously.
Motion: Amend Development Standard 6 to read "Waste materials shall be handled, stored, and
disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with the approved "waste
handling plan" and with Chapter 14 Article I of the Weld County Code, at all times", Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion carried unanimously.
Motion: Amend Development Standard 7 to read "Fugitive dust and future particulate emissions shall be
controlled on this site. The facility shall operate in accordance with the accepted "dust abatement plan",
at all times. Fugitive dust shall be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's Air Quality Regulations", Moved by Bruce Sparrow, Seconded by
Joyce Smock. Motion carried unanimously.
Motion: Amend Development Standard 13 to read "The facility shall adhere to maximum permissible
noise levels allowed in the non-specified zone as delineated in Section 14-9-30 of the Weld County Code
and with all applicable State noise Statutes and/or regulations", Moved by Bruce Sparrow, 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.
D. Motion: Forward Case USR15-0012 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 Terry Cross, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes =6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross.
Absent: Jason Maxey.
Commissioner Wailes said that this was a tough case again but he is voting yes because he cannot find
support in the Weld County Code to where he can vote no based on the fact that the public does not have
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full knowledge of what the project is. He encouraged the applicants to visit with the surrounding property
owners to alleviate their fears.
Commissioner Smock said that part of the problem is not from the applicant's facility but from surrounding
facilities and concurred with Mr.Wailes to talk with the surrounding property owners.
Commissioner Sparrow said that he has compassion for a group of people that seem to be faced with a
lot in their area. He also encouraged the applicants to reach out to their neighbors.
Commissioner Jemiola said that it would be prudent for the applicants to talk with the surrounding
property owners and try to address their concerns prior to the County Commissioner's hearing.
CASE NUMBER: USR15-0016
APPLICANT: WES MOSER INC., C/O MAGELLAN MIDSTREAM PARTNERS, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2 SECTION 25, T3N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 30;0.25 MILES WEST OF CR 49.
D' Kim Ogle, Planning Services, presented Case USR15-0016, 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.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan. Ms. Barbare recommended an amendment to
Condition of Approval 7.B to read "The applicant shall submit written evidence of a commercial drinking
water well or other adequate water source to Weld County Department of Public Health and
Environment".
Based on direction from the County Commissioners and the Environmental Health Director, Ms. Barbare
recommended amending Development Standards 7 to read "Waste materials shall be handled, stored,
and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. The facility shall operate in accordance with the approved "waste
handling plan"and with Chapter 14 Article I of the Weld County Code, at all times".
Ms. Barbare recommended amending Development Standard 8 to read "Fugitive dust and future
particulate emissions shall be controlled on this site. The facility shall operate in accordance with the
approved "dust abatement plan", at all times. Fugitive dust shall be confined on the property. Uses on
the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations".
Additionally, Ms. Barbare recommended amending Development Standard 14 to read "The facility shall
adhere to maximum permissible noise levels allowed in the non-specified zone as delineated in Section
14-9-30 of the Weld County Code and with all applicable State noise Statutes and/or regulations."
Anne Best Johnson, Tetra Tech 1900 S Sunset Street, Longmont, Colorado, stated that Magellan
Midstream Partners is principally engaged in the transportation, storage and distribution of refined
petroleum products and crude oil. The material will enter the facility via pipeline or truck. She added that
a maximum of 50 trucks will enter the facility through the eastern most access. Another 10 vehicles will
access the site including passenger vehicles for employees.
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Tom Beach, Southeast Weld Fire Protection District, 65 East Gandy Avenue, Keenesburg, Colorado,
stated that they have reviewed this case and have met with the applicants on fire protection requirements
to the facility.
Ms. Johnson said that the facility will be constructed in phases. Ms. Johnson requested a favorable
recommendation for this case. She added that they agree to the development standards and conditions
of approval that were provided prior to the hearing and although the recommended changes from
Environmental Health appear to be benign they would like to have time to review those prior to the
County Commissioner hearing.
Commissioner Sparrow said that these sites are getting large with so much oil and asked if there is a
need for security or will there be security on this site. Ms. Johnson said that the gates for the unloading
bays will be open during the day unless Magellan feels there is a reason to keep them locked and then it
can be accessed through key pad or swipe. She added that during the evening the facility will be locked
and the entire facility will be fenced. Abigail Wendt, Magellan Midstream Partners, added that cameras
will be located at the unloading bays; however cameras for the remaining site have not been planned yet.
( The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Jeremy Hunter, 14788 CR 47, stated that he wasn't personally notified but happy that they made an effort
to contact the surrounding property owners. He inquired at what point do we say enough is enough for
one area regarding above ground storage. He expressed concern regarding fire potential and safety and
added that the fire at the facility by Greeley recently burned for quite a while.
Commissioner Berryman asked what could be done to make this project acceptable. Mr. Hunter replied
security, traffic, road conditions and containment regulations need to be addressed.
Dfr Tom Beach, Southeast Weld Fire Protection District, said that the tanks are set up that there is a
foaming suppression system. He added that the applicant has met all of the Fire District's standards. Mr.
Beach said that the facility that was on fire by Greeley was an injection well facility and those facilities are
not like this project.
f In response to Mr. Jemiola's inquiry, Ms. Wendt stated that 110% of containment for one (1)tank is
required and she added that this facility has been designed for 115% containment. There are also
intermediate dikes that go in between each tank. With regard to security, Ms. Wendt said that there is not
24 hour security; however the operations in Tulsa have access to the camera system. If something
drastic would happen they would lose the product and protect the safety of the surrounding area.
°' Motion: Amend Condition of Approval 7.6 to read "The applicant shall submit written evidence of a
commercial drinking water well or other adequate water source to Weld County Department of Public
Health and Environment", Moved by Bruce Sparrow, Seconded by Nick Berryman.
Vote: Motion passed (summary: Yes = 5, No= 1, Abstain= 0).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman, Terry Cross.
No: Michael Wailes.
Absent: Jason Maxey.
Commissioner Wailes asked to open the changes up for discussion and possibly suspend voting on these
and allow this case to go to the Board of County Commissioners to allow the applicant time to review
them and seen how they might affect their proposal. Commissioner Jemiola commented that these
changes were recommended from the Board of County Commissioners and feels comfortable moving
forward on these. Ms. Johnson commented that she would prefer to have the courtesy of being able to
review any changes prior to coming to a hearing. She added that these changes seem to be fairly
standard and benign but they would like to review them as for instance she doesn't know what Chapter
14 of that article says. However, in the essence of time they are happy to move forward with the
proposed changes as long as they reserve the right to be able to review the changes and address any
concern with them prior to the 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; however they would like to reserve the right to review those prior to the Board of County
Commissioner hearing.
Motion: Forward Case USR15-0016 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 Joyce Smock, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross.
Absent: Jason Maxey.
Commissioner Wailes does not want the public to feel that they don't have a voice in this process and to
understand that they do take these cases under heavy consideration.
Commissioner Sparrow commented that in some cases these people just need to be heard and they
deserve to be heard.
Commissioner Jemiola encouraged the applicant to follow up with the surrounding landowners to see if
any mitigation measures could be done to make them feel more at ease.
The Chair asked the public if there were other items of business that they would like to discuss.
Anne Johnson wished to thank county staff for working with them through this process. She added if this
site is approved Magellan would like to offer a facility tour to the Planning Commission and Board of
County Commissioners. Commissioner Smock suggested inviting the surrounding property owners as
well.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:29 pm.
Respectfully submitted,
,f Digitally signed by Kristine Ranslem
9 io6nt,,RR, dk. Date:2015.05.12 07:29:34-06'00'
Kristine Ranslem
Secretary
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