HomeMy WebLinkAbout20143698 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 18, 2014
k' 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 Chair, Jason Maxey, at 1:30 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
Absent: Benjamin Hansford, Bruce Johnson
Also Present: Kim Ogle, Diana Aungst and Tom Parko, Department of Planning Services; Wayne
Howard and Jennifer Petrik, Department of Planning - Engineering; Elizabeth Relford, Department of
Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the November 4, 2014 Weld County Planning Commission minutes, Moved by
Bruce Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
LO" CASE NUMBER: USR14-0058
APPLICANT: TIMBRO RANCH &CATTLE CO LLC
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO: A NATURAL
GAS PROCESSING FACILITY FOR THE PROCESSING OF NATURAL GAS
PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES, METERING
EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS
LIQUIDS (NGLS) AND CONDENSATE; OUTDOOR EQUIPMENT AND
MATERIALS STORAGE YARD; ONE (1) THIRTY-FIVE-FOOT IN HEIGHT
COMMUNICATIONS TOWER; A MORGAN COUNTY REA SUBSTATION;
AND THE TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND PIPELINE
WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING
PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME AND
RELATED EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN
YARD FOR CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE
TRAILERS, AND CONSTRUCTION PARKING AND MORE THAN ONE
CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE
DISTRICT. (PONY CREEK GAS PROCESSING FACILITY)
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LEGAL DESCRIPTION: N2 SECTION 19,T9N, R58W of the 6th P.M.,Weld County,Colorado.
LOCATION: SOUTH OF AND ADJACENT TO CR 104 SECTION LINE; EAST OF AND ADJACENT TO
CR 121 SECTION LINE.
ID" Kim Ogle, Planning Services, presented Case USR14-0058, 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 Maxey asked if this substation will serve anything else or just this site. Mr. Ogle said
that the substation will serve other facilities in the area. Mr. Maxey asked why the substation request
isnt under a 1041 Permit. Mr. Ogle said that there will be a 1041 Permit application for the
transmission line from the Keota Substation to the west into the Redbox facility (currently under review)
and then down to the Pony Creek Substation. He added that the Pony Creek Substation will branch
over to the Morgan County REA Substation; however we havent received the application for that to
date.
DP'Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
Des Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer
requirements, on-site dust control, and the Waste Handling Plan. Ms. Barbare stated that the applicant
has met Condition of Approval 1.A by submitting a Waste Handling Plan.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that Noble Energy
is requesting to have a natural gas processing facility, referred to at the Pony Creek Gas Processing
Facility. The facility is located on 80 acres of land, which will be purchased by Noble Energy.
Additionally, the uses will include related equipment and outdoor storage for the natural gas processing
facility. Noble Energy will also be leasing some of their property at this site to Southern Star and OPPL
who will be responsible for getting the processed gas offsite to the end users and both companies will
be responsible for permitting their own gas pipelines, as needed. An Electric Substation is proposed
and will be located on the north end of this property. Tri-State Generation and Transmission
Association and its member system, Morgan County REA, plan to provide the required electric service
to this facility.
Commissioner Smock asked if this will be constructed the same way that Keota Facility was
constructed. Ms. Hora said that it is identical to the Keota Facility for the exception of the NGL facility
at this subject site.
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.
DP. Motion: Forward Case USR14-0058 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions 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.
CASE NUMBER: USR14-0045
APPLICANT: BARTS VENTURE LLC,C/O RANDY KNEEBONE
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 (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE
EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE
EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL
VEHICLE, BOAT AND CAMPER TRAILER 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 SW4 SECTION 22, 1 N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: EAST OF AND ADJACENT TO CR 19,0.5 MILES SOUTH OF CR 8.
Kim Ogle, Planning Services, presented Case USR14-0045, reading the recommendation and
comments into the record. Mr. Ogle noted that three surrounding property owners and the New
Brantner Ditch provided letters of opposition to the proposed facility. The letters outlined concerns in
regard to creating a small industrial zoned area in the agricultural residential area, concerns of the RV
storage facility, amount of traffic and noise to the area, and compatibility of the surrounding area. The
New Brantner Ditch, in their letter, stated that no above or below ground structures or improvements of
any kind be placed on the easement, without approval from the Ditch Board. The Department of
Planning Services recommends approval of this application with the attached conditions of approval
and development standards.
`" Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site. Ms. Petrik requested to amend Condition of Approval 1.J.9 by removing the
second to last sentence "If the right-of-way cannot be verified, it shall be dedicated." Additionally, she
requested to amend Condition of Approval 1.J.11 to read "Show on the map the approved tracking
control". Ms. Petrik also suggested amending Condition of Approval 1.J.13 to read "Show 60 foot
adequate turning radius and tie into County Road 19 at the same grade."
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan. Ms. Light noted that there was a typographical
error in Development Standard 13 and asked that "public" be changed to "private".
IP' Randy Kneebone stated that staff did a really good job of explaining the project. He has not
purchased the property yet, as he is waiting for approval of this proposal. He plans to build a shop and
operate his excavating business from this site. Mr. Kneebone said that he has no plans right now to
build a house or operate the RV storage but said it may be a thought in the future so he included it in
the plan at this time.
Commissioner Wailes asked why the shop is located close to the neighbor. Mr. Kneebone said that he
wanted to keep it to the north so that he could use the rest of the property for the future residence/RV
parking. He added that the rest of the property could be farmed for hay right now.
Commissioner Jemiola stated that he struggles with having RV facilities in the agricultural zone district
and asked Mr. Kneebone what the primary use of the site will be and how important it is to have both
businesses or one. Mr. Kneebone said that it is extremely important for him to operate his excavating
business out of this site. He added that the RV facility was just something to potentially supplement
income. Mr. Kneebone said that he intends to build a shop for his excavating business and that is the
primary operation of the site. He emphasized that the RV storage is only an idea at this point.
Commissioner Berryman asked the applicant if he spoke with any of the surrounding property owners.
Mr. Kneebone said that he has not spoken to anyone; however he did stop twice at the Maars property
to the north but nobody was home.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Commissioner Sparrow stated that he had lived in the area and knows the landowners in the area;
however he feels that he can be fair and impartial in this case. Brad Yatabe, County Attorney, said
that if Mr. Sparrow has doubts then he suggested that he recuse himself. However, he added that if he
feels he can be impartial and then gets into the testimony and decides he needs to leave, he may do
so.
Arlan Maars, 2858 CR 19, stated that he and his brothers own the farm located north of this site. He
stated that he is concerned with the closeness of this activity from his brothers front door. He
suggested moving the shop, along with the access, further to the southern portion of the site.
Additionally, he would appreciate the applicant talking to his brother regarding the potential screening
prior to the County Commissioner hearing. Mr. Maars said that with regard to the RV storage facility it
exponentially increases the impact and if it is in the application then they have to assume it will be. He
is concerned with the additional amount of traffic.
Commissioner Sparrow said it sounds like Mr. Maars is not opposed to the project but wishes to see
the shop moved to the south. Mr. Maars said that he believes in private property rights but it does
come down to compatibility. He would just like to see it further away from the residences.
Barry Maars, 2528 CR 19, stated that he doesnt believe this project is in compliance with Section
P
23-2-220.A.1 as it is not directly related to or dependent upon agriculture. Additionally, he cited
Section 23-2-220.A.2 and doesnt feel is it compatible with surrounding parcels. He added that Mr.
Kneebone was correct that there is alfalfa planted there now and has produced three (3) cuttings of
hay. He is concerned with the proximity of this to his house and the potential impact to the value of his
property. He also suggested that the shop be located to the southern portion of the property as it
would give some separation from the commercial impact and his house. He added that he is not crazy
about the RV storage component.
Mi' Mr. Kneebone said that he put the shop up on the northern portion of the site since it is the high
side of the property. He does not intend to block Mr. Barry Maars view by locating his shop at the
northern portion of the building, but rather match the location of Mr. Maars shop. Mr. Kneebone
emphasized that he wants to be a good neighbor and is happy to work the neighbors.
Commissioner Berryman asked how many vehicles will be on site. Mr. Kneebone said that he started
this company 19 years ago with 1 dump truck and it has grown slowly. He said that he hasnt given
much thought about it but added that currently he has four (4) trucks and approximately 35 heavy
equipment vehicles and he doesnt envision much growth. Mr. Berryman said that it would be a good
courtesy to the public to give them a reasonable expectation for the future.
Commissioner Jemiola clarified if screening will be added. Mr. Kneebone said that he will add
screening if that is what is required, he just prefers open space.
Commissioner Maxey said that the neighbors appear to be agreeable to the project but are concerned
with compatibility. He encouraged the applicant to visit with them regarding their concerns and
potential changes to the layout of the site plan.
Ds. The Chair asked staff to repeat the suggested changes to the Staff Report. Ms. Petrik stated that
after further review she would like to add a Condition of Approval 1.J to read "Drainage analysis is
required by a Colorado Professional Engineer to determine a design to maintain historic flows on site."
Motion: Add Condition of Approval 1.J as stated by staff, Moved by Nick Berryman, Seconded by
Michael Wailes. Motion carried unanimously.
Additionally, Ms. Petrik requested an amendment to Condition of Approval 1.J.9 by removing the
second to last sentence, "If the right-of-way cannot be verified, it shall be dedicated."
Motion: Amend Condition of Approval 1.J.9 as stated by staff, Moved by Nick Berryman, Seconded
by Joyce Smock. Motion carried unanimously.
Ms. Petrik suggested changing the language in Condition of Approval 1.J.11 to read "Show on the map
the approved tracking control."
Motion: Amend Condition of Approval 1.J.11 as stated by staff, Moved by Nick Berryman,
Seconded by Terry Cross. Motion carried unanimously.
Ms. Petrik suggested amending Condition of Approval 1.J.13 to read "Show 60 foot adequate turning
radius and tie into County Road 19 at the same grade."
Motion: Amend Condition of Approval 1.J.13 as stated by staff, Moved by Nick Berryman,
Seconded by Joyce Smock. 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 stated that he agrees
with the conditions of approval and development standards but requests a continuance to allow him
time to discuss mitigation with the neighbors.
In response to the Chairs inquiry, Mr. Ogle stated that the Board of County Commissioner hearing is
scheduled for December 17, 2014. The Chair asked the applicant if he felt he could mitigate these
concerns by the Board of County Commissioner hearing. Mr. Kneebone said that should allow him
enough time to meet with the Maars and come to an agreement if that fits into the Maars schedule.
D. Motion: Continue to the December 2, 2014 Planning Commission hearing, Moved by Bruce
Sparrow, Seconded by Nick Berryman.
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: USR14-0056
APPLICANT: UNITED SURFACE&MINERALS LLC; do select energy services
PLANNER: Diana Aungst
REQUEST: A Site Specific Development Plan and Use by Special Review for a mineral resource
development facility including oil and gas support and service (water hauling)
in the A (Agricultural)Zone District
LEGAL DESCRIPTION: W2 SECTION 33,T7N, R60W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 74;Approximately 1.5 miles west of CR 105.
Diana Aungst, Planning Services, presented Case USR14-0056, 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 Maxey asked when this was reported as a violation. Ms. Aungst said that it was
reported approximately 4 months ago.
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.
D. John Tufte, Lamp, Rynearson and Associates, 4715, Fort Collins, Colorado, stated that the
majority of the distribution of the water is by pipe; however there is some water trucked out.
Commissioner Maxey asked if Select Energy Services is the landowner. Bill Fronczak, Select Energy
Services, 1551 South Sunset Street, Longmont, Colorado, stated that they are an exclusive
licensee/tenant of the property. He added the United Surface & Minerals is the landowner of the
property.
Commissioner Maxey asked how long the water depot has been in operation. Mr. Fronczak said that
the construction of the well was in late 2012 and in 2013 the pit was constructed. He added that the
depot really has not been in operation except to run pipeline out of the site.
Commissioner Maxey asked if they had any clue that this operation required a USR Permit. Mr.
Fronczak said that they were aware that they needed a USR however it took a lot of corporate time to
get it all put together.
Commissioner Maxey asked how many trucks would be accessing the site. Mr. Fronczak said that at
the most there would be maybe 30 to 40 trucks per day out of the facility.
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 USR14-0056 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Joyce Smock, 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.
Commissioner Sparrow noted that he is not voting for approval because it exists but because he would
have voted for approval if it would have come to them prior to the beginning of operation.
The Chair called a recess at 3:27 pm and reconvened the hearing at 3:40 pm.
CASE NUMBER: ORDINANCE 2014-13
PRESENTED BY: Elizabeth Relford
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 8 public works, of
the Weld County Code — Weld county transportation plan and functional
classification map.
Elizabeth Relford, Public Works, presented Ordinance 2014-13. Ms. Relford stated that the
Functional Classification Map is a component of the Transportation Plan. She noted that it has not
been updated since 2011 and added that according to Section 8-8-10.6 it is recommended to update
this map every two (2) years. Staff hopes to not make a lot of changes to the map as it affects land
uses such as Recorded Exemptions, Use by Special Review Permits, etc. She provided a description
of the Weld County Functional Classification Map, specifically relating to the change in upgrades and
downgrades of county roads. Ms. Relford said that the road impact fees, which are collected, can only
be used to make improvements to the collector and arterial roadways.
Commissioner Maxey asked why County Road 49 jogged over to County Road 47 and didnt go
straight north. Ms. Relford said that part of the environmental assessments that had to be done on the
bridges for the project they had to evaluate multiple routes. She added that based on costs and
environmental impacts, this was the preferred alignment.
Ms. Relford referred to Country Road 105 as a collector road from Highway 14 south into Morgan
County and added that they are proposing to classify it as a collector roadway from Highway 14 north
to County Road 390. On the Functional Classification Map, County Road 390 is identified to be
downgraded back to a local road and they would like to make County Road 105 the collector road to
connect with Highway 14 as it is a better and safer intersection. Commissioner Smock noted that
County Road 105 goes through some Pawnee Grasslands so there are a lot of cattle there during the
summer and asked if that will cause any problems. Ms. Relford stated that they will need to work with
some of the federal requirements to make improvements as they go through the Grasslands.
Commissioner Sparrow asked if the Grasslands can be fenced. Ms. Relford said that she will find out.
Ms. Relford said that they have had some arterial alignment studies done and referred to County Road
22 west to connect with County Road 24 and said that they have received feedback to remove that
alignment from the map. Commissioner Maxey asked why that changed. Ms. Relford said it is unlikely
that the County will build a bridge over the South Platte to make that connection. Additionally, the
access on US 85 is not recognized in the US 85 Access Control Plan. Mr. Maxey referred to the
arterial designation for County Road 24 from County Road 19 to County Road 23 and asked if that
portion of the roadway should be classified as a collector. Ms. Relford said that it was identified as an
arterial is because County Road 24 leads into State Highway 119 in Firestone, but added that if there
is no bridge then she doesnt know whether this section functions as an arterial roadway.
Commissioner Maxey referred to County Road 53 from County Road 44 south to County Road 34 to
the west to connect with County Road 49 and requested that section of roadway be classified as a
collector as well since it is a nice paved road and added that there is a lot of activity in that area.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Hunter Hoshiko 1811 38th Avenue, Greeley, Colorado referred to County Road 50 and asked if 20
extra feet is added for a collector roadway. Ms. Relford said that it is 20 feet with 10 feet on each side
of the roadway.
it" Ron McNutt, 27808 CR 50, said that County Road 50 was a dirt road about 1 '/� years ago;
however since then it has been paved. He said that there are a lot of things close to the road that
might be affected by the additional 20 foot right-of-way, such as irrigation ditches, homes, and oil and
gas tank farms. He asked who pays for this additional and who will pay to move these things. Ms.
Relford said that when the County is ready to make those improvements, the County will meet with the
landowner to negotiate that right-of-way and then the County will purchase that.
Dorothy Bates, 27620 CR 60, Kersey, said the proposed change to County Road 50 is going
through an established farming community. She stated that she is concerned with safety issues from
the access roads going onto County Road 50. What is the percent of increase in traffic to make it a
collector road? Ms. Relford said that they are finding that traffic is avoiding the stop light in Kersey and
at the County Road 49/Highway 34 intersection and trying to catch County Road 50 going to County
Road 49 down to County Road 44.
O. Motion: Forward Ordinance 2014-13 to the Board of County Commissioners along with the
Planning Commissions recommendation of approval, 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.
Commissioner Sparrow stated that he appreciates the difficulty of this job and added that it affects
peoples lives and property.
Commissioner Berryman recommended review of the section of County Roadway 24 is from County
Road 19 to County Road 23 and left it to staff to review. He agreed with the classification change to
collector for County Road 53 from County Road 44 to County Road 34 and then connect to County
Road 49.
Commissioner Smock expressed concern regarding the downgrade of County Road 390 with the
amount of truck traffic. Additionally, she is concerned with the changes to County Road 105 as well as
what the improvements might be at the intersection of County Road 105 and Highway 14.
Commissioner Wailes said that unless County Road 24 is a complete oversight, he recommended
leaving it as an arterial roadway.
Commissioner Jemiola agreed with Commissioner Smocks comments with regard to County Road
390. He agreed with Commissioner Maxey to downgrade County Road 24 section to a collector
classification.
Commissioner Maxey recommended changing the classification to collector for County Road 24 as
previously stated and changing the classification on County Road 53 to collector as previously stated.
Additionally, he echoed the appreciation to Elizabeth Relford and her staff for their work on this. With
regard to County Road 50, he added that these are the only public comments we received. He asked
if there is any way to change the classification from County Road 49 to County Road 53 a collector and
leaving County Road 53 to the east a local road designation so as not to encourage development
along that stretch of road.
The Chair asked the public if there were other items of business that they would like to discuss. No
one wished to speak.
Dt' The Chair asked the Planning Commission members if there was any new business to discuss.
Tom Parko, Planning Director, invited the Planning Commission to a work session with the Board of
County Commissioners on December 8th at 11 am. He added that they are looking to consolidate the
development standards and conditions of approval.
Meeting adjourned at 5:49 pm.
Respectfully submitted,
[ Digitally signed by Kristine Ranslem
slStiMin 2&1,13t 2.114,'ru Date: 2014.11.21 10:07:03 -07'00'
Kristine Ranslem
Secretary
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