HomeMy WebLinkAbout20142724.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 29, 2014
Dt'' A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Jason Maxey, at 1:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Benjamin Hansford.
Also Present: Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll,
Department of Public Works; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 5, 2014 Weld County Planning Commission minutes, Moved by
Joyce Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
'CASE number: PUDZ14-0002
APPLICANT: GODDARD INVESTMENTS LLC
PLANNER: Chris Gathman
REQUEST: A CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) FOR 16 RESIDENTIAL LOTS WITH
ESTATE ZONE USES ALONG WITH ONE (1)ACRE OF OPEN SPACE AND
A 0.06 ACRE OUTLOT
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX12-0025; ParT N2SE4 section 8,t2n, r67w of the
6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 17;0.25 miles north of CR 22.
D. Chris Gathman, Planning Services, presented Case PUDZ14-0002, requesting that this case be
continued to the September 2, 2014 Planning Commission Hearing. The sign posting is required to be
posted 15 days prior to the hearing and has been posted.
The Chair asked if there was anyone in the audience who wished to speak for or against this
continuation. No one wished to speak.
' Motion: Continue Case PUDZ14-0002 to the September 2, 2014 Planning Commission Hearing,
Moved by Nick Berryman, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
COMMA/c&h OYVJ
2014-2724
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
CASE NUMBER: USR14-0030
APPLICANT: KTC FARM LLC,C/O Al ORGANICS
PLANNER: Chris Gathman
REQUEST: AN AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT USR-930 (ORGANIC MATERIALS COMPOSTING AND
PROCESSING FACILITY)TO UPGRADE COMPOSTING FACILITY FROM A
CLASS III TO A CLASS I COMPOSTING FACILITY AND OBTAIN A
CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RE-3252; PART NW4 SECTION 35, T7N, R66W of the
6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 76; east of and adjacent to CR 33.
Chris Gathman, Planning Services, presented Case USR14-0030, 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.
Don Carroll, Public Works, 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.
Mr. Gathman noted that the applicant is requesting Development Standard 4 be amended to include
hours of operations on Saturday.
Bob Yost, Chief Technical Officer, Al Organics, 10905 E 153rd Drive, Brighton, Colorado, stated
that Al Organics was established in 1974. USR-930 was put into place in 1991. In 1994 the Class III
Composting Site and D&O (Design and Operation) Plan was implemented. Mr. Yost said that they are
requesting to upgrade to current composting operations and site requirements (Revised EDOP —
Engineered Design and Operations Plan) to allow them to better serve the community. This upgrade
includes food waste which must currently be hauled to the Rattler Ridge Facility.
In response to Commission Johnsons inquiry, Mr. Yost said that the Class III List includes items such
as animal mortalities. He said that they have not accepted mortalities at this site. He added that they
do not intend to take any animal mortalities but if it is requested by clientele they are required to obtain
specific approval through the State of Colorado as well as Weld County prior to accepting that material.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Mr. Yost said that they have been operation since 1974 and have always had operations to some
degree on Saturdays. He added that it was an oversight on their part when submitting the application.
Motion: Amend Development Standard 4 to read "Hours of operation are Monday-Saturday 7:30 AM—
5:00 PM (with overtime if necessary) according to the application materials", Motion by Bruce
Johnson, 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 USR14-0030 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
"CASE NUMBER: USR14-0031
APPLICANT: TALLGRASS PONY EXPRESS PIPELINE INC& UET Midstream LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Oil and Gas
Support and Service Facility and Oil and Gas Storage Facility (Crude Oil Tank
farm and crude oil truck unloading facility) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: THE E2SE4 AND the S2NE4 OF SECTION 2,T9N, R59W of the 6th P.M.,Weld
County,Colorado.
LOCATION: West of and adjacent to CR 119;0.25 mileS south of CR 110.
' Chris Gathman, Planning Services, presented Case USR14-0031, reading the recommendation
and comments into the record. Mr. Gathman noted that a letter was received from a mineral interest
owner requesting additional information regarding this case. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Mr. Gathman stated that Condition of Approvals 1.A and 1.E have been met by the applicant and be
indicated in the Resolution.
• Don Carroll, Public Works, 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.
• John Talle, Director of Operations, 225 Union Boulevard, Lakewood, Colorado. He stated that
staff outlined the application very well. He outlined the operation of the facility on the visual slide. He
noted that there is a proposed pipeline to the facility. He added that this will reduce truck traffic once
that pipeline is constructed and implemented. Mr. Gathman noted that the pipeline is under a separate
proposed USR for Non-1041 Permit to be heard at a future date.
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.
01 Motion: Forward Case USR14-0031 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
04 CASE NUMBER: USR14-0032
APPLICANT: DAVID BASHOR
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Support and Service Facility
(Water Depot) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: N2/SE4 section 17,t10n, r61w of the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to CR 89; approximately 3 miles north of CR 110.
Commission Smock noted that she knows the applicant but believes that she can make a fair and
impartial judgment. The Planning Commission had no concerns with Ms. Smock remaining on the
Commission for this case.
• Chris Gathman, Planning Services, presented Case USR14-0032, 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.
• Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
DO Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
Mr. Gathman recommended that Development Standard 3 be removed as it doesnt apply to this case.
• Sheri Lockman, 36509 CR 41, stated that this facility is an unmanned site. The drivers will pull
their trucks in and load water by using a card system. She said that this site is very rural and added
that there are no nearby residences.
Commissioner Smock wished to clarify if the haul route will travel through Grover. Chris Zadel, 11298
CR 17, said that most of the activity is south and east and added that they will most likely travel on
County Road 110 and go north to the facility on County Road 89.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
" Motion: Delete Development Standard 3 as stated by staff, Motion by Jordan Jemiola,
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 replied that they are in
agreement.
• Motion: Forward Case USR14-0032 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval, Moved by Joyce Smock, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
The Chair called a recess at 2:44 pm and reconvened the hearing at 3:00 pm.
CASE NUMBER: USR14-0033
APPLICANT: HANKINS FARMS LLC
PLANNER: Diana Aungst
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Recreational
Facility, with uses similar to those seen at a Guest Farm and Fairgrounds, in
the A (Agricultural)Zone District.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3901 being ParT of the N2NE4 section 20,t5n, r67w
and part of the s2NE4/E2SE4 section 20, t5n, r67w of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to Cr 17; north of and adjacent to CR 54
Commissioner Wailes noted that he knows the applicant and many of the surrounding property owners
but feels that he can make a fair and impartial judgment. The Chair asked if he has received any
financial benefit. Mr. Wailes replied no. The Planning Commission stated that they have no concerns
with him hearing this case.
Dsb Diana Aungst, Planning Services, presented Case USR14-0033, reading the recommendation and
comments into the record. Ms. Aungst stated that staff has received one phone call and three letters
from surrounding property owners with concerns related to trash, dust, alcohol, noise, traffic, lighting,
aviation activities, security and the corn, egg and pumpkin cannons. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Additionally, referral comments were received from the Weld County Traffic Engineer on Monday,
August 18th, and Ms. Aungst stated that staff would like to add a Condition of Approval to the staff
report.
" Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Mr. Carroll noted that CDOT has submitted a referral comment that indicates
most of the traffic numbers are high to begin with and they recommended allowing the facility to
operate for one year and then have an opportunity to review it again to see if additional improvements
will be required at the intersection of Highway 34 and County Road 17.
Commissioner Sparrow asked to clarify if the turn lanes will be required after one year. Janet
Lundquist, Traffic Engineer, said that these types of proposals are hard to predict for traffic projection.
She added that very often they dont see the volume of traffic that they are proposing; therefore they
dont want to make the requirement to extend turn lanes until there is a documented traffic number.
Commissioner Johnson asked how we could ensure that this would be included if improvements are
required. Ms. Lundquist said that it would be added as a condition of approval under the access permit.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
noise management, on-site dust control, and the Waste Handling Plan. Ms. Light recommended
adding "The facility should operate in accordance with the Noise Control Plan" to Development
Standard 22.
D' Darren Hankins, 943 North 7th Street, stated that they are requesting to utilize the property as an
Agri-tourism property. The facility will be seasonal from May 8th to November 8th. Some activities will
include a corn maze, pumpkin patch, outdoor activities that will include paint ball, petting zoo, hay
wagon rides, zip lines, corn cannon, and live music concerts. He stated that they hope to draw an
average of 300 patrons per day.
Commissioner Jemiola asked if there is enough parking with 300 vehicles per day with the potential of
500-1000 vehicles per day on the weekend and asked how long he would anticipate those visitors
staying on site. Mr. Hankins said that it might be a 2 to 3 hour event and added that there are 230
proposed parking spaces with additional pasture that can be utilized for parking.
In response to Commissioner Wailes inquiry, Mr. Hankins said that these activities will occur on non-
productive farmland.
Commissioner Wailes referred to the proposed air show and asked if that will operate. Mr. Hankins
said that it is a wish of his to have since his grandfather was a pilot but added that if it is a big concern
then it wont be an issue to take that out.
' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Linda Kautz, 7651 CR 54, stated that she does serve on the Weld County Board of Health. She lives
directly south of the proposed facility. She referred to the Weld County Right to Farm Statement which
states that water is the lifeline for the agricultural community. She stated that they have cattle and
horses in their pasture which depend upon the water from the slough that runs through the subject
property. She is concerned that the water will be fouled with mud and runoff from parking areas and
trash and it will become unusable for their livestock. Additionally, she stated that the proposed uses
are not an appropriate use of this area nor is it compatible with this agricultural area.
Commissioner Berryman asked if there are any changes to this proposal that could mitigate these
issues or if Ms. Kautz is just opposed to this operation. Ms. Kautz replied that the proposal is not a
good fit for the area and is concerned with the traffic in the area. She added that she values the rural
nature of her neighborhood and doesnt want to see this facility here.
• Robin Acromite, 249 Rock Bridge Lane, owns a lot in Coyote Run Subdivision, Windsor, stated
that she is in favor of this proposal because of the family and fun time involved with the corn mazes.
She is concerned with the noise and trash but is happy to see this proposal.
D' Leslie Shoecraft, 25973 CR 17, said that she is the closest residence to the property. She would
like to see anything related to airplanes and helicopter taken out as it is unsafe and loud. She asked if
someone would be available at 8 pm on a Saturday evening if she calls to complain about the noise.
Ms. Light said that someone is on call 24 hours per day, 7 days a week. She added that the issue is
that the on call person will need to travel to the site and the activity may or may not be occurring when
they get there.
Ms. Shoecraft stated that she is concerned as it could be 2 hours before it could be metered. Ms. Light
said that if it becomes an issue, the Health Department can loan out a noise meter to the citizen.
Commissioner Wailes asked if the noise meter can determine if the noise is coming from the corn
maze or traffic from the 4-way stop. Ms. Light said that the on call personnel would take into account
the background noise.
• Phil Hein stated that he owns property south of County Road 54, adjacent from the proposed site.
He said that he is opposed to the location of this proposal. He added that there is a lot of traffic and it
is always backed up from the intersection to his driveway. Additionally, he is concerned about security
on site and drainage from the property.
Commissioner Maxey asked staff is there are any proposed planned improvements to the intersection
of County Road 17 and County Road 54. Ms. Lundquist stated that they are putting together a 5-year
plan for Weld County. She added that this intersection is on that list to be examined; however, she
cannot say at this time what type of improvements will be made.
Commissioner Smock asked if there have been a lot of accidents at the intersection of County Road 54
and County Road 17. Ms. Lundquist said that that there is but it appears that the majority of the
accidents are driver error such as running through stop signs, etc.
D" Donald Kautz, 7651 CR 54, stated that he has lived there for 9 years. He said that the peak traffic
for the proposed facility will be the same time that the intersection is backed up. He is concerned
about the dust and trash from this facility.
Commissioner Maxey asked if these concerns could be mitigated. Mr. Kautz said that he is not in
favor of this request. He added that the applicant has offered to take the helicopter off but he is
concerned that if this is approved the applicant may be back in a year with additional ideas.
De Bobby (inaudible), represents Apex Vista, LLC, 506 Shasone, Cheyenne, Wyoming. He stated
that he has many of the concerns as stated previously. He stated that he hopes this will not be
transferred to any new potential owners. He asked if anything else added would be heard at a future
hearing or if it would be an administrative approval. Ms. Aungst said that if there are any changes to
the USR Permit, it would be reviewed by staff and determined if it falls into a Minor Amendment or Full
Amendment. With all amendments to the USR Permit, surrounding property owners within 500 feet of
the property are notified. The Minor Amendment is approved administratively; however if there is more
than 30% opposition it will be scheduled for a Board of County Commissioner hearing. If it is a Full
Amendment, then it will follow this same process as today.
The Chair asked the applicant to address these concerns.
Mr. Hankins said that there will be security on site during the night. He said that during the day it is
very family oriented and doesnt know if security will be necessary; however he added that during the
evening there will be security on site.
Mr. Hankins said that he anticipates most of the traffic to come from Highway 34. He added that dust
mitigation will be a challenge and hopes that it will be communicated to him when there is a problem.
Commissioner Maxey referred to the list of proposed activities and recommended that the applicant
look at the list and make it a firm list prior to the Board of County Commissioner hearing.
Commissioner Wailes asked if the activities would occur over the weekends or during the week. Mr.
Hankins said that he anticipates it during the weekend but if it takes off would like to be open during
the week.
In response to Commissioner Maxeys inquiry, Mr. Hankins said that with his parents living on the
property they dont want dust either. He added that the mag chloride will help with dust suppression
and the pasture will need to be watered often to control the dust. Mr. Hankins stated that he will
ensure that his staff will be picking up trash during the events. He added that the drainage from the
site will be controlled by the proposed water quality feature, as required.
The facility should operate with the noise control plan.
O` Motion: Amend Development Standard 22 as stated by staff, Motion by Nick Berryman,
Seconded by Joyce Smock. Motion carried unanimously.
Ms. Aungst requested adding Condition of Approval 1.G to read "The applicant shall address the
requirements of the Weld County Traffic Engineer, as stated in the referral response dated August 18,
2014. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning
Services."
Commissioner Maxey asked about requiring a right-in, left-out only turn lane if you are heading south
on County Road 17. Ms. Lundquist stated that this requirement may be added as a condition of
approval for their Access Permit. Mr. Hankins said that is a good idea but didnt know how he can
direct traffic to go that way. Ms. Lundquist said that it would require additional staff for traffic control.
Mr. Hankins said that would be helpful for at closing time.
Motion: Add Condition of Approval 1.G as stated by staff, Motion by Jordan Jemiola, Seconded
by Nick Berryman. Motion carried unanimously.
Ms. Aungst said that the applicant indicated that he would like to start at 9 am on Saturdays;
therefore staff would like to request an amendment to Development Standard 4 to reflect that change.
Additionally, Ms. Aungst requested to amend Development Standard 6 from June 1 to May 1.
Motion: Amend Development Standard 4 as stated by staff, Motion by Bruce Sparrow, Seconded by
Michael Wailes. Motion carried unanimously.
Motion: Amend Development Standard 6 by changing June 1 to May 1, as stated by staff, Motion by
Nick Berryman, Seconded by Bruce Johnson. 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.
The Chair announced that this case will be heard by the Board of County Commissioners on
September 3, 2014 and invited everyone to that hearing.
Commissioner Sparrow said that the traffic is going to be a real problem for the people who live out
there. He doesnt have a solution for it unless the County installs a light at the intersection of County
Roads 17 and 54 as well as improvements on Highway 34.
Commissioner Johnson shared the same concern regarding traffic. He likes to see these things occur
in the agricultural area; however it also causes its own set of problems.
Commissioner Wailes said that there really isnt a solution to the traffic. He said that he currently lives
in this area and added that the existing traffic is an issue. He added that there may be some traffic
coming from Loveland and Greeley on County Road 54 but believes the bulk of the traffic will be
coming from Highway 34 south onto County Road 17.
Commissioner Jemiola said that this is an interesting way to preserve some agricultural land and
believes that there are other alternatives for zoning and development throughout the County. He can
see from the maps that the subdivisions are encroaching on the agricultural lands. He thinks it is a
great way to blend some of the urban and rural developments.
Commissioner Smock stated that she is concerned with the traffic but is also concerned about
compatibility. She added that she is concerned with adding the helicopter and aircraft activities
because of the agricultural nature of the area.
Commissioner Berryman said that the biggest difficulty is the traffic impact and that the current
infrastructure (intersection) isnt built to accommodate the additional peak traffic. He both likes and
dislikes the location ad bel
ieves lie might help ves some of the natural terrain features with some of the noise
and nuisance mitigation.
Commissioner Cross is concerned with the traffic impact and the drainage on site.
Commissioner Maxey also agreed with the traffic comments. He commended the applicant with all of
the research he has done. He commented that places like Fritzlers and Andersons exit pretty much
directly onto a State Highway. He believes this is a difficult decision.
O. Motion: Forward Case USR14-0033 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval, Moved by Bruce Johnson, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes=6, No= 2, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Terry Cross.
No: Joyce Smock, Nick Berryman.
Commissioner Sparrow encouraged the applicant to resolve some of these concerns.
Commissioner Berryman said that there are reasons within the Code to support this application and
encourage it; however he is not entirely comfortable with the traffic that will be coming to this site. He
cited his unfavorable vote due to compatibility and cited Section 23-2-220.A.
Commissioner Smock said that she doesnt believe it is compatible with the surrounding area.
Commissioner Wailes said that this is a difficult case and added that his decision will also affect him
since he lives in this area. Because this is a seasonal activity he is in favor of this request. He
believes the bulk of the traffic and activity will happen in a small time frame. Mr. Wailes said that when
we talk about traffic issues he often thinks if a spike in the traffic actually be better to bring about a
quick solution to the already existing concerns.
Commissioner Maxey agreed with Mr. Berryman in that we look at the Weld County Code and if it is
compatible and added that if it is not compatible can they be mitigated for these cases. He said that
the applicant has a lot of work to do before the County Commissioner hearing and encouraged the
applicant to open up communication with the surrounding property owners. He believes that these
mitigation factors can be controlled and that the applicant can work with the neighborhood to make this
a viable operation. He also agrees with the neighborhood that some of the activities on the proposed
list are not compatible.
The Chair called a recess at 5:29 pm.
The Chair reconvened the hearing at 5:39 pm and noted that Jordan Jemiola, Bruce Johnson, and
Nick Berryman left the meeting.
D. CASE NUMBER: USR14-0027
APPLICANT: MICHAEL DECKER,CIO MILLER HFI, LLC
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 (an oil and
gas roust-a-bout to include a 16,500 square foot shop, parking for commercial
and employee vehicles) in the A(Agricultural)Zone District
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4174; PART W2NW4 SECTION 1, T3N, R67W of the
6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 38; approximately 0.75 mileS west of CR 25.
` Diana Aungst, Planning Services, presented Case USR14-0027, reading the recommendation and
comments into the record. Staff has received 13 letters regarding this case. Ms. Aungst noted that 3
of the letters are from surrounding property owners and 10 letters of support from friends and family for
the property owner located south and adjacent to the site. She added that the letters express
concerns regarding noise, dust, views, traffic, and property values. A neighborhood meeting was held
on August 9, 2014 and a revised site plan was submitted by the applicant as a result of this meeting.
This revised site plan shows that the facility is relocated closer to the road and some landscaping
added along the west and south property lines. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Di' Don Carroll, Public Works, 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.
• Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado stated that he represents
Miller HFI and the current landowner, Michael Decker. He stated that they are requesting a trucking
roust-a-bout service for the oil and gas industry. Mr. Naylor said that they have revised the site plan to
accommodate the surrounding property owner concerns. He added that they did hold a neighborhood
meeting this last Saturday, August 9th to address and mitigate their concerns.
Mr. Naylor added that they are working with the Town of Platteville on a Road Maintenance Agreement
as well as a Pre-annexation Agreement.
Commissioner Smock referred to the application that states no manufacturing will take place at this
location. However in the questionnaire it is stated that there is manufacturing. Mr. Naylor said it is a
typo and that it should state there is no manufacturing or fabrication done on site.
Commissioner Maxey asked what other mitigations came from the neighborhood meeting. Mr. Naylor
said that they are proposing additional landscaping on site. He added that they relocated the facility as
far away from the residences as they could.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Shari Winterfeld, 11250 CR 38, stated that they purchased their property in February 2014, which
is immediately adjacent to the proposed site. She said that the access easement for this proposed
site is also the only access to her house. She is concerned that it will negatively impact the neighbors
with property values and that this will look like an industrial site. She is concerned with the noise, dust,
and possible contamination for their livestock water supply. Ms. Winterfeld said that the applicants
asked what mitigation they could do and she said that there are no changes that could be made as
they invested their money for their residence. Additionally, she said they thought the hours of
operation were from 5 am to 10 pm; however she heard Mr. Naylor requested a 24 hour per day
operation and asked to confirm what the hours of operation are. The Chair said that the application
stated a 24 hour operation.
Commissioner Wailes clarified that the application states it is a 24 hour operation; however normal
business hours are 5 am to 10 pm.
Shirley Larson, 12056 CR 38, stated that she is concerned with the 450 trips per day and the
amount of traffic it brings. She is also concerned with the hours of operation, noise, traffic safety, and
pollution.
D"' Jami Woodward, 472 Hedgerow Way, Brighton, stated that she is the oldest daughter of Shari
Winterfeld. She is concerned for her two (2) children who play in a playground 10 to 15 feet from
County Road 38 and having the large amount of truck trips that close to the roadway. She added that
having 60 diesel trucks start up at one time in the morning will be noisy but will also cause pollution.
' Linda Wright-Winterfeld said that Shari Winterfeld and her family have been saving many years to
invest in their home in the country. She said that there will be a lot of traffic and they will be competing
with 450 trucks to get to their property.
D. The Chair asked Mr. Naylor to explain the hours of operation. Mr. Naylor said that if there would
be a snow storm they may need to get a grader the middle of the night to start grading snow to get to
the oil and gas operations and they dont want to be outside that time frame. The normal hours of
operation will be from 6 am to 10 pm. They requested the 24 hour operation for possible expansion.
Mr. Naylor said that they reached out to the neighbors because they want to be good neighbors. The
Division of Wildlife submitted a referral which indicated that they had no concerns. Mr. Naylor said that
they moved the impact of the facility to create a 1200 foot buffer from the facility to the southern
property line. Additionally, the playground is owned by Mr. Decker and the applicant, Mr. Harding, has
asked that a fence be placed around the playground for the safety of the children playing there.
backalarms. Mr. Na for said that they do have
Commissioner Maxey asked if these trucks have up
Y
alarms according to OSHA requirements. He said that these should meet the noise requirement but
added that it may still be heard.
Commissioner Maxey asked about additional screening other than the parking area as that might help
with some of the light and noise concerns. Mr. Naylor said that it will be difficult to see the facility with
a 1200 foot buffer of irrigated farmland. Mr. Naylor said that they have not developed a full landscape
plan but it is something they are working on.
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.
Commissioner Sparrow said that however this vote turns out he wanted to let the audience know
that they heard everything they said and appreciated that they came to voice their concerns.
Commissioner Smock stated that she respects the landowners rights. She added that this project will
significantly change the neighbors lives with the amount of traffic and she is concerned about that.
Commissioner Wailes said that someone could build a large shop for their farming equipment and the
traffic would be considerably less than this proposed case. However, if this mining operation takes off
traffic will become an issue then. He said that the applicant has done an outstanding job to mitigate as
much of this as they possibly can.
Commissioner Maxey questioned why this facility is not located in the Industrial Subdivision located at
County Road 44 and Highway 85. Commissioner Sparrow indicated that it might have been because
this site is sold per acre price where the industrial site is sold at per square foot price.
D"' Motion: Forward Case USR14-0027 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Michael Wailes, Seconded by Terry Cross.
Vote: Motion failed (summary: Yes = 2, No= 3,Abstain = 0).
Yes: Michael Wailes, Terry Cross.
No: Bruce Sparrow, Jason Maxey, Joyce Smock.
Absent: Bruce Johnson, Jordan Jemiola, Nick Berryman.
Commissioner Sparrow stated that he doesnt think everything is settled with Platteville and would like
them to design their site in a way that the City would like it.
Commissioner Wailes believes that the applicants have gone out of their way to work with the
neighbors and thinks that this relationship will continue.
Commissioner Cross stated that he concurred with Mr. Wailes and added that the applicants have
done a very thorough job of trying to mitigate these concerns. He added that unfortunately the
progress of the oil and gas industry comes at a cost for many people.
Commissioner Maxey said that he is huge on private property rights and being able to do with your
property within the bounds of the County Code. He said that this case has put everyone on notice that
there are things happening in this area regardless if this case is approved by the Board of County
Commissioners. He added that this site is currently under a Pre-Annexation Agreement with the Town
of Platteville and added that the public will then be dealing with the Town of Platteville along with the
development of the mining operation in this area. Mr. Maxey said that he does struggle with
inconveniencing neighbors. He cited Section 23-2-220.A.4 regarding compatibility and said that he
believes this Section has been met; however he cited Section 23-2-220.A.3 regarding uses that are
compatible with the existing surrounding land uses and doesnt agree that this Section has been met.
The Chair recognized that the motion for approval failed and asked if there was a motion to deny. No
one wished to speak.
Brad Yatabe, County Attorney, stated that if there is no motion to deny this case it will be forwarded to
the Board of County Commissioners as a Non-Recommendation.
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.
Commissioner Maxey referred to the previous case regarding the corn maze and asked if it would be
possible to overlay the site plan onto the aerial view so that they can see where they are laying things
out in relation to the terrain of the land.
Meeting adjourned at 7:30 pm.
Respectfully submitted,
Digitally signed by Kristine
y9Yl Ranslem
Date:2014.08.25 13:36:50-06'00'
Kristine Ranslem
Secretary
Hello