HomeMy WebLinkAbout20151723.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 2, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to
order by Vice-Chair, Jordan Jemiola, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin 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 May 19, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
'' CASE NUMBER: ORDINANCE 2015-10
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE.
Michelle Martin, Planning Services, stated that this proposal was continued from the May 19, 2015
hearing. She added that it was continued so the applicant could be here as well as a member from the
Division of Water Resources. The applicant, Craig Harrison, is available on the phone and David Nettles
with the Division of Water Resources is available in the audience for any questions.
Craig Harrison, Manager of Niobrara Energy Park, LLC, 2725 Rocky Mountain Avenue, Suite 400,
Loveland, Colorado. Mr. Harrison said that when they calculate water yields from an underwater aquifer
they have a mathematical process of available water. He believed the 300 year water supply rule evolved
from a few counties over the Front Range on top of the Denver aquifer and it is primarily aimed at
residential uses.
David Nettles, Division Engineer for Water Division 1, 810 91h Street, Suite 200, Greeley. Commissioner
Johnson asked if Mr. Harrison's statement is a fair assumption. Mr. Nettles replied yes and added that
state statute and rule is predicated on a one year bedrock aquifer life.
Mr. Nettles said that this change would be for the upper Laramie aquifer focused on the Cheyenne Basin,
north of the South Platte River, rather than the Denver Basin aquifers south of the South Platte River. Mr.
Harrison added that this code change will only involve the upper Laramie aquifer for commercial and
industrial purposes only.
Mr. Nettles asked the Planning Commission, if this change is approved, to make it clear that it applies to
the Cheyenne Basin, north of the South Platte River, rather than just specifying the upper Laramie
aquifer.
Commissioner Sparrow said that this may affect several people using this aquifer. Mr. Nettles said the
aquifer is a single formation and what will draw from one part will impact other parts of that aquifer. Mr.
Harrison said that the state has taken into consideration injury to other areas by going through this
calculation. He added that the 300 year water supply would still apply to all residential uses; however this
change only affects commercial and industrial uses.
�C O r0 1
/0 _15 2015-1723
Commissioner Wailes asked Mr. Nettles to state his recommended changes. Mr. Nettles suggested that
this code change be specific to the upper Laramie formation within the Cheyenne Basin, north of the
South Platte River. Mr. Harrison said that he has no problem with that change.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Dr Commissioner Johnson said that he is comfortable with the recommendations Mr. Nettles suggested
as far as defining the aquifer. He added that he knows of several residential users in the area but is not
sure how far from away from Mr. Harrison's property they are.
Motion: Forward Ordinance 2015-10 to the Board of County Commissioners along with the amended
language with the Planning Commission's recommendation of approval, Moved by Bruce Johnson,
Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Sparrow expressed concern that by opening the door for one industrial use does it
become a magnet to this area for additional industrial users. He added that he is worried about these
aquifers and said that water is not going back in the aquifers very quickly.
CASE NUMBER: USR15-0028
APPLICANT: CHERYL FRIEDE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
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, 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 (CONFERENCE CENTER,
EXECUTIVE RETREAT; WEDDING VENUE, WEDDING OR OTHER
CELEBRATORY RECEPTIONS, SEMINARS, LIFE CELEBRATIONS,
REUNIONS, BRIDAL SHOWERS, BABY SHOWER, BAR MITZVAHS, MUSIC
RECITALS, WAKES, AND COMMUNITY GATHERINGS FOR EXAMPLE;
GUEST FARMS AND HUNTING LODGES; AND COMMERCIAL ROPING
ARENAS) IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-5090; PART SE4 SECTION 18, T5N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 56; 65 FEET WEST OF CR 15.
Commissioner Wailes stated that his family owns the adjacent property and he knows the applicant. Mr.
Wailes stated that he feels he can make a fair and impartial judgment. The Planning Commission had no
issues with Mr. Wailes hearing this case.
Kim Ogle, Planning Services, presented Case USR15-0028, reading the recommendation and
comments into the record. Mr. Ogle noted that six letters of support were received for this application.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
e'." 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 amending Development Standard 9
to replace "shall" with "should" in the first sentence.
2
Chris Friede, 6943 CR 56, and Electra Johnson, Architect for the project. Ms. Friede said that she is
surrounding primarily by agricultural and her goal is to celebrate agricultural use through agri-tourism/agri-
tainment. She added that there will be two (2) phases for development. The first phase will be to
renovate the existing barn, landscaping, and parking. Phase 2 will include hosting executive meetings
and retreats, and special events along with drainage and overflow grass parking lot. Phase 3 (5-10 year
plan) will include cabins for overnight accommodations and also a rodeo/riding arena.
Commissioner Sparrow said that this is a great idea but expressed concern about traffic. Ms. Petrik
stated that the traffic is covered under the improvements agreement so if they were triggered for any
reason then they would be required to install any offsite improvements.
. The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tom Hellerich, Winters, Hellerich and Hughes, LLC, stated that he represents one of the adjacent
landowners directly south of and adjacent to this property. He said it all looks nice but this isn't an
agribusiness and it does not promote agriculture for Weld County. He added that the landowners will
hear all of the noise and activity coming from the site.
Mr. Hellerich said that the hours are 7 am to 2 am with up to 40 employees and a disc jockey or live band
playing until 2 am. He asked that the Planning Commission consider restricting these hours.
Mr. Hellerich added that there is a ditch that separates this property from his clients but there is no fence
to stop trespassing or to confine patrons to the applicant's property. He said that there must be some
restrictions to protect the adjoining landowners.
Mr. Hellerich requested that the Planning Commission consider these issues and forward a
recommendation of denial.
Commissioner Smock asked if the client has a farming operation. Lucas Brown, 6859 CR 56, replied that
there is no farming operation but they provide refrigerants and lubricants to mail order customers.
Commissioner Cross asked how many reside on the property and how long have they lived there. Mr.
Brown said that his father is the only one who lives there and has been there for seven (7) years;
however it has been in the family for 40 years.
Commissioner Jemiola asked what their suggestion is for a change to the hours of operation. Mr. Brown
asked for the music to stop at 11 pm. In response to Commissioner Jemiola's inquiry regarding potential
screening or landscaping, Mr. Brown said that it would be nice to have a large fence put up with "No
Trespassing" on it.
Dave Kisker, 6681 Apache Road, stated that he believes in some respects that this is an agricultural
based business. He added that this does allow people to become familiar with what a rural farm setting
is.
Ms. Friede said that the intent to have the hours until 2 am was to leave time after the event for
clean up. She added that the event itself will not last until 2 am. She said that she lives there too and
doesn't intend to have parties late at night and will make sure that it doesn't happen. If the music is too
loud she hopes that her neighbors say something and she will be happy to make adjustments.
Commissioner Jemiola asked Ms. Light to give the decibel level required in the agricultural zone district.
Ms. Light said that during the day it is 55 decibels and at night it is 50 decibels from the property line. Ms.
Friede said that you cannot see the adjoining property because of the screening of the trees along the
property boundary.
Commissioner Sparrow asked the applicant if she would be willing to agree to stop the music at 11 pm.
Ms. Friede replied that she would be willing to do that. Commissioner Jemiola said it is important to work
with your neighbors to address these issues before the County Commissioner's hearing.
3
Commissioner Sparrow asked how we can change the hours of operation to include the hours of music.
Mr. Ogle said that the applicant is requesting the hours of operation to be 7 am to 2 am; however these
hours can be amended. Ms. Friede said that the she would be comfortable with the music stopping at 11
pm or 12 pm. Commissioner Jemiola stated that music can last until 2 am but it needs to be below 50
decibels after 9 pm as it could put the USR in jeopardy if those decibel levels are exceeded.
Mr. Berryman said that he would be comfortable with proposing a limitation on the hours of operation for
the music. Ms. Friede said that she would agree to that.
Commissioner Jemiola reminded the Planning Commission that staff recommended amending
Development Standard 9 to read "Fugitive Dust should attempt to be confined o the property. Uses on
the property should comply with the Colorado Air Quality Commission's Air Quality Regulations."
Motion: Amend Development Standard 9 as stated, Moved by Benjamin Hansford, Seconded by Bruce
Sparrow. Motion carried unanimously.
Ms. Petrik said that in light of the discussion regarding the uncertainty of materials for increasing the
imperviousness, she suggested adding a Condition of Approval 1.C.14 to read "An accepted drainage
design is required".
Motion: Add Condition of Approval 1.C.14, as stated by staff, Moved by Michael Wailes, Seconded by
Bruce Johnson. Motion carried unanimously.
Commissioner Sparrow asked the applicant if they would be willing to change the hours of operation to
reflect the time music is allowed. Ms. Friede replied that she would agree to that. Mr. Ogle suggested
"The venue operation is from 7:00 am — 2:00 am; however the music associated with an event would
need to cease at 12 am".
Motion: Amend the hours of operation as stated by staff, Moved by Bruce Sparrow. Commissioner
Jemiola understands that the applicant is willing to work with the neighbors on the hours of music. He
added that after 9 pm they cannot exceed the 50 decibel level so whether the music ceases at 10 pm or 2
am it is irrelevant. Bruce Sparrow withdrew his motion.
Commissioner Hansford said that he believed changing the hours of operation is over-regulation. He said
that there are regulations to keep the noise down and the applicant knows that if they violate that decibel
requirement they could potentially lose their USR permit.
Commissioner Sparrow suggested placing restrictions on the number of weddings per year.
Commissioner Smock asked the applicant what the projected business plan shows. Ms. Friede said that
she projects a maximum of 40 weddings in a year.
Motion: Add a Development Standard which states that the maximum number of venues would be 60,
Moved by Bruce Johnson. Commissioner Smock said that when we start setting limits like that then we
put parameters on other events such as baby showers or farm dinners. The motion failed due to lack of
second motion.
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.
t"' Motion: Forward Case USR15-0028 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 = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
4
Commissioner Wailes encouraged the applicant to reach out to Mr. Brown to address their concerns.
Commissioner Berryman echoed Mr. Wailes comments and added that because the neighbor is so close
you need to give some added consideration to their plight and some of the nuisances that they will be
subject to.
Commissioner Smock said that getting along with your neighbors is really important and there will be a lot
of different people coming to these events.
Commissioner Jemiola said it is a great idea and will bring agri-tourism culture to the area. He strongly
encouraged the applicant to work with Mr. Brown.
Vice-Chair Jemiola called a recess at 3:48 pm and reconvened the hearing at 4:01 pm
CASE NUMBER: USR14-0079
APPLICANT: ANADARKO E& P COMPANY LP
PLANNER. DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT, INCLUDING, BUT LIMITED TO, EIGHT (8) COMPRESSORS,
VAPOR RECOVERY UNITS, SEPARATORS, DEHYDRATORS, STORAGE
TANKS, A LAYDOWN YARD) AND ONE (1) SEVENTY-FOOT IN HEIGHT
COMMUNICATIONS TOWER) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: SE4 SECTION 34, T3N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 26; APPROXIMATELY ONE-HALF MILE
EAST OF CR 31.
r Diana Aungst, Planning Services, presented Case USR14-0079, 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.
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 amending Development
Standard 16 to read "Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations."
"' Tracy Coiling, Kerr McGee Gathering LLC, 1099 18`" Street, Denver, Colorado, stated that they are
requesting approval for a compressor station for natural gas and all related equipment on site.
Additionally, there will be a 70 foot communications tower to remotely access the site. This tower will
allow co-location; however Ms. Coiling recommended amending Development Standard 7 to read "Co-
location of other antennas by other service providers shall be allowed as long as the tower can
structurally support it and if the tenant using the tower is in agreement with our Master Service
Agreement". Ms. Coiling said that this is a safety reason because the tower is within a fenced area within
the compressor station facility and they want to make sure anyone entering the facility understands that
they have to follow certain safety guidelines.
Commissioner Sparrow asked if there will be more than eight (8) compressors. Ms. Coiling said that
there will be a maximum of eight (8) compressors. Ms. Aungst noted that Development Standard 1 states
"..including, but limited to eight (8) compressors" and asked to amend it to say "including, but not limited
to...".
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
5
J' Motion: Amend Development Standard 1 to read "A Site Specific Development Plan and Use By
Special Review Permit, USR14-0079, for Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities (compressor station for natural gas and all related equipment, including,
but not limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks, a
laydown yard, and one (1) seventy-foot in height communications tower) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon", Moved by Benjamin Hansford, Seconded
by Terry Cross.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Motion: Amend Development Standard 16 to read "Fugitive dust should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality
Regulations", Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Jemiola asked staff for any comment regarding the applicant's request to amend
Development Standard 7. Ms. Aungst stated that staff is concerned with stating "our Master Service
Agreement" because that implies it is the County's Master Service Agreement when it is an agreement
with Anadarko. She added that if the tower cannot structurally support an antenna then Anadarko does
not need to accept that particular antenna on their tower. Commissioner Jemiola clarified that staff is
recommending that no amendment be made to Development Standard 7. Ms. Coiling stated that they
would be willing to change "our" to "Operator's Master Service Agreement"to make it clear.
Motion: Amend Development Standard 7 to read "Co-location of other antennas by other service
providers shall be allowed as long as the tower can structurally support it and if the tenant using the tower
is in agreement with Operator's Master Service Agreement", Moved by Michael Wailes, Seconded by
Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, 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 USR14-0079 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
.r CASE NUMBER: USR15-0013
APPLICANT: UET MIDSTREAM LLC
PLANNER: CHRIS GATHMAN
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.
6
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, reading the recommendation and
comments into the record. Staff received three phone calls from adjoining landowners and one letter of
opposition to this case outlining concerns of the potential for contaminated runoff from the facility reaching
adjacent properties, traffic and dust concerns. 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 Smock referred to the injection well on Highway 392 and noted that the County is planning
to put in a different access point to eliminate the diagonal intersection. She commented that Highway 14
and County Road 86 are similar with this angle point. Mr. Howard referred to the intersection of Highway
392 and County Road 74 and added that they might look similar but he thinks the use of the highway is
much different. He added that County Road 74 is considered an arterial road; therefore Highway 392 and
County Road 74 have a high volume of traffic. Mr. Howard stated that the applicant has spent several
opportunities talking with CDOT about traffic concerns and as a result they have limited flow by entering
in one intersection and leaving the other intersection to minimize some of those conflict points.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Mickey Leyba, Permontes Group, 625 Main Street, Longmont, Colorado, provided a brief
explanation on the secondary containment and drainage requirements on site. With regard to the letter
they received concerning traffic, she said that they have been working diligently with CDOT to address
traffic concerns. She added that the site is anticipated to generate a maximum of 34 peak hour trips or 17
inbound and 17 outbound. Ms. Leyba stated that they are restricting any access to the site coming from
the north and all trucks would leave from the south.
Ms. Leyba noted that there are no current commercial agreements in place for the injection well. This
was a potential idea for the site so they included it in this request for any future demand. She added that
they are aware that an injection site has been approved which is approximately 10 miles from this site so
the feasibility to have this injection well is not a high priority.
Commissioner Smock expressed concern with the amount of truck traffic as the roads are in a
deteriorating mess in this area. She asked what the applicant will do to ensure that the roads will be
taken care of. Ms. Leyba said that with the Road Maintenance Agreement there are trigger points that
certain improvements would take place. Commissioner Johnson concurred that this amount of traffic on a
diagonal intersection is a concern.
Commissioner Sparrow said the application is different than what the applicant is presenting today
regarding the injection well facility. Ms. Leyba said that in conversations with the applicant he is
comfortable with eliminating the injection well. After further discussion, Ms. Leyba stated that she would
like to withdraw the injection well facility from this application.
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, Colorado stated that she has lived there for 62 years.
Although the injection well is being withdrawn it may come back in the future. She inquired about safety
of the site as this area is limited by the Fire Department and resources. She is also concerned with the
drainage from the site as it will lead into her pond that has been there since 1887, for watering livestock
and wildlife.
7
Ms. Williams said that the intersections are not straight across from each other and added that there have
been several accidents.
Commissioner Sparrow asked if she feels comfortable with the truck traffic being reduced. Ms. Williams
replied no and added that this road cannot accept the amount of traffic it already has. Commissioner
Wailes asked if the elimination of the injection facility would change her opinion. Ms. Williams said no.
Fred Dodd, 56900 CR 86.5 stated that he lives the closest to the site. He is taking therapy for
Hepatitis C and feels that this would put his life in jeopardy. He said that there are already a lot of trucks
on the road and there are numerous wrecks already and would hate see this added to it. He is concerned
with air quality and how it affects his health.
Ms. Leyba said that they have removed the injection well facility so the brine would not be coming
into this facility. With regard to runoff, they are proposing to detain the developed runoff and release it at
the historic rate. The secondary containment is contained in the berm area with a liner underneath and it
would not be able to flow to the pond.
Commissioner Jemiola stated that the applicant has requested removal of the salt water injection
well and accessory uses specific to the salt water injection well. He asked staff if this significantly
changes the rest of the staff report. Mr. Howard asked for clarification on the number of round trips with
the removal of the injection well facility. Ms. Leyba said that there would be 120 round trips plus 5
employees. Ms. Barbare said that removing that item would significantly affect the development
standards; however they could meet with the applicant prior to the Board of County Commissioner
hearing. Mr. Gathman said that in regard to planning, the changes should be fairly simple.
Commissioner Sparrow asked if this case should be continued to work out these changes. Mr. Gathman
said that this case is scheduled with the Board of County Commissioners on July 22, so the Planning
Commission could continue this to the July 7'h Planning Commission hearing.
L' Motion: Continue USR15-0013 to the July 7, 2015 Planning Commission hearing to allow time for
staff and the applicant to work out the changes with removing the injection well facility from the
application, Moved by Joyce Smock, Seconded by Bruce Johnson.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
No: Bruce Sparrow.
Commissioner Sparrow said that he would like to leave it open to the applicant.
Vice-Chair Jemiola called a recess at 5:34 pm and reconvened the hearing at 5:45 pm.
CASE NUMBER: USR15-0025
APPLICANT: LOLITA MILLER
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART E2SW4 SECTION 3, TIN, R63W LOT A REC EXEMPT RE-958 OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO HWY 52; APPROXIMATELY 1500 FEET
EAST OF CR 67.
Kim Ogle, Planning Services, presented Case USR15-0025, 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.
8
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Jim Miller, 3332 Highway 52, said that he made a mistake and is trying to come into compliance.
The original plan was for his daughter to move into the house but then she didn't and another individual
moved into the house. They would like to use the house as a rental unit to a non-member of the family.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 USR15-0025 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Commissioner Sparrow wished to recuse himself from this next case as he is financially connected.
CASE NUMBER. USR15-0023
APPLICANT: BOYD& HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
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 (HENRYLYN IRRIGATION DISTRICT AREA
OFFICE, MAINTENANCE BUILDING AND EQUIPMENT STORAGE BUILDING
TO SUPPORT AREA'S IRRIGATION AND WATER DELIVERY CANALS AND
DITCHES), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART NW4 SECTION 1, T1N, R64W LOT B REC EXEMPT REC-4903 OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 14; 0.5 MILES EAST OF CR 59.
°' Kim Ogle, Planning Services, presented Case USR15-0023, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light recommended amending Development
Standard 8 to replace the words "shall" with "should".
Mr. Ogle said that a letter was received from Anadarko Petroleum, Kerr McGee Gathering, in opposition.
He added that they would like the applicant to enter into a Surface Use Agreement to address the hard
rock mineral component that may be present on site.
9
Emily Knackstedt, 1600 Specht Point Road, Fort Collins, Colorado, stated that she represents
Henrylyn Irrigation District. She added that the Henrylyn Irrigation District owns and operates irrigation
districts and canals in the agricultural areas of Hudson, Keensburg and Prospect Valley. The applicant
would like to be centrally located to their operations.
With regard to Anadarko's letter of opposition, they received this letter last night and it did not give them
sufficient time to address their concerns. Ms. Knackstedt said that Henrylyn Irrigation District is happy to
address everything they are inquiring about. She added that they are asking them to sign a blanket
waiver of all of the offsets and setbacks according to the Colorado Oil and Gas Association. However,
they would like time for Henrylyn's attorneys to go over it and make it a little more specific rather than a
blanket waiver.
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 Development Standard 8 to read "Fugitive dust should be confined on the property.
Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations",
Moved by Terry Cross, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Bruce Sparrow.
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 USR15-0023 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Bruce Johnson, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent: Bruce Sparrow,
F" CASE NUMBER: USR15-0022
APPLICANT: RYAN GALLATIN & KAY COLLINS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
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 (LANDSCAPE TURF INSTALLATION,
TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENTNEHICLE 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-3653; PART S2SE4 SECTION 8, T8N, R66W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF CR 94 SECTION LINE;WEST OF AND ADJACENT TO CR 29.
Kim Ogle, Planning Services, presented Case USR15-0022, 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.
10
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light recommended replacing shall with should in
Development Standard 9.
Katherine Vorlage, Grant and Hoffman, 821 91h Street, Greeley, stated that she represents Mr.
Gallatin. She added that the applicant's business is turf installation.
Commissioner Smock asked if the applicant intends to reside on the property. Ryan Gallatin, 19300 CR
76, Eaton, said that he plans to start building a house in the next year. Until he finds a seller for his
current properties in Eaton he intends to stay where he is at.
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 Development Standard 9 to read "Fugitive dust should be confined on the property.
Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations",
Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, 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 USR15-0022 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 Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
CASE NUMBER: ORDINANCE 2015-11
PRESENTED BY: WAYNE HOWARD
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING, OF THE WELD
COUNTY CODE.
Tom Parko, Planning Director, stated that this proposed change goes back about 18 months from
discussion with the Board of County Commissioners. There is a variety of development in Weld County
including urban development and rural development. He added that for years we were applying the
urban drainage standard throughout the County and we didn't feel that was fair for projects located in
rural areas. So staff has met with several engineers who work in Weld County and we have come up with
these changes. He added that the goal was to be less restrictive and be more flexible.
Wayne Howard, Engineering, reiterated that the overall goal was to lessen the requirements. Mr. Howard
showed the Planning Commission the three (3) large manuals that provide tools nationwide and staff is
looking to adopt these manuals and add to it to make it specific to Weld County. Mr. Howard said that the
drainage criteria is located in Chapter 8 and they are proposing to delete that entire Article XI in Chapter 8
and rewrite it into Chapter 23.
Mr. Howard provided an outline of the proposed code changes related to drainage including the addition
of exceptions and variances to drainage. Because there was a major shift, staff tried to be consistent
within Chapter 23.
11
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 2015-11 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Benjamin
Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4` 1[-�`1/`itaveQikt, Date: 2015.06.05 11:21:27-06'00'
Kristine Ranslem
Secretary
12
Hello