The URL can be used to link to this page

Browse Search

Home My WebLink About20141623.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 6, 2014 II' 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, Mark Lawley, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Absent/Excused: Bret Elliott. Also Present: Kim Ogle and Chris Gathman, 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. Dr Motion: Approve the April 15, 2014 Weld County Planning Commission minutes, Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR14-0006 APPLICANT: POWERS DAVID A PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (STORAGE AND STAGING OF CONSTRUCTION EQUIPMENT), 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-3715; PART E2E2 SECTION 13, Ti N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 10 AND WEST OF AND ADJACENT TO CR 49. Chris Gathman, Planning Services, presented Case USR14-0006, 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. Mr. Gathman clarified that the hours of operation are from the equipment coming to and from the site. He talked to the applicant about what days of the week they operate and the applicant noted that there may be some Saturdays that they would work as well. He recommended amending Development Standard 4 to reflect the clarification. D. 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. Ms. Light asked the Planning Commission to review Development Standard 3 because it makes it look like the employees could be using the septic system and with the water situation they would have to repermit their well for commercial use. • David Powers stated that his business is to erect commercial steel buildings. The equipment stored on site would be job trailers and forklifts if they are not being used at the job site. He added that they do perform light maintenance on the vehicles. • (',OnrtieYIA.Lnia ( 3 2014-1623 Commissioner Maxey clarified if the applicant is performing oil changes on site as Environmental Health noted that according to the application no maintenance is performed on site. Mr. Powers said he changes the oil in his personal pickup and added that he will no longer have that done on 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. Motion: Amend Development Standard 4 to include the days of operation Monday through Saturday, Motion by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. The Chair advised the applicant to visit with staff for further direction on re-permitting the well for commercial use if he wishes to utilize the existing septic system. lir Motion: Forward Case USR14-0006 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 Jason Maxey, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. CASE NUMBER: USR14-0008 APPLICANT: ANADARKO E&P COMPANY LP PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE AND STAGING OF OIL AND GAS EQUIPMENT ALONG WITH BUILDINGS UTILIZED FOR AN OFFICE, LIGHT VEHICLE MAINTENANCE AND MATERIAL STORAGE) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: N2 SECTION 2,T3N, R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 38 AND WEST OF ADJACENT TO CR 35. ID` Chris Gathman, Planning Services, presented Case USR14-0008, 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. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. David Grigsby, Landmark Builders, representing Anadarko, explained the layout of the site on the visual slide of the site plan. Anadarko is currently utilizing 8 different locations in Weld County; therefore they believe the consolidation of this inventory material will create a reduction in traffic. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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. lir Motion: Forward Case USR14-0008 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. 2 Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. CASE NUMBER: PUDZ14-0001 APPLICANT: JOHN& NANCY FRITS PLANNER: KIM OGLE REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TWO(2)LOTS WITH ESTATE ZONE DISTRICT USES. LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0002; PART W2NW4 SECTION 7, T3N, R68W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 1; SOUTH OF AND ADJACENT TO CR 36. I► Kim Ogle, Planning Services, presented Case PUDZ14-0001, reading the recommendation and comments into the record. A letter of objection from Anadarko Petroleum Corporation was received regarding the subsurface mineral estate interests. Under Condition of Approval 1.6 the applicant shall submit a copy of the agreement with the property's mineral owner/operators or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The Department of Planning Services recommends approval of this application with the attached conditions of approval. • 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. ` John Frits, 16898 CR 1, stated that he currently resides on the property. They purchased the property with their daughter and her family with the intention of adding a second residence. They had hoped to do a Recorded Exemption; however they were ineligible. 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 if the paving waiver can be addressed here or if Public Works will handle that. Mr. Carroll said that they would like to receive a document from the applicant requesting the paving waiver. Mr. Ogle recommended adding a Condition of Approval 1.A that states "The applicant shall submit a letter to Public Works requesting a waiver of the pavement requirement for the PUD" and then re-letter accordingly. Motion: Add Condition of Approval 1.A as state by staff and re-letter accordingly, Motion by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case PUDZ14-0001 to the Board of County Commissioners along with the amended Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote(summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. ID" CASE NUMBER: USR14-0011 APPLICANT: PLUMB RIDGE LLC, C/O EXPEDITION WATER SOLUTIONS PLANNER: KIM OGLE 3 REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36, T5N, R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 50; EAST OF AND ADJACENT TO CR 59. Kim Ogle, Planning Services, presented Case USR14-0011, reading the recommendation and comments into the record. No letters or electronic mail has been received from adjacent or surrounding property owners. Staff did receive several phone calls from one neighbor who cited concerns about the ability to gain minerals from that site. Mr. Ogle noted that he received a phone call from Barry Schaefer, Platte Valley Fire Department, concerned with the amount of traffic. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mr. Ogle added that the ownership of the property has changed since the application was submitted. The land is now owned by Expedition Water Solutions. He recommended amending Development Standard 24 to read "Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code." Additionally he recommended adding a new Condition of Approval 7.C to read "The applicant shall submit As-Built drawings for the facility." II" Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. He noted the correction line at the intersection of County Roads 50 and 59; therefore the intersection is offset. Commissioner Berryman asked if there is an established haul route. Mr. Carroll said that it is established in the Improvements Agreement process. ▪ Heather Barbare, Environmental Health, reviewed the requirements and permits including Air Emissions Permit, Waste Handling Plan, Groundwater Monitoring Plan, and the Spill Prevention Control and Countermeasure Plan. Di` Jim Goddard, 1023 39'" Ave, Greeley, stated that they are proposing a Class II saltwater injection facility with the truck wash-out and recycle water at a future date. He added that they are requesting 130 truck trips per day; however they work with two different operators in the basin that would take up 75% of the well and doesn't believe that they will reach that number. Commissioner Maxey asked if there will be a pipeline to this facility. Mr. Goddard replied that their two operators are close to signing a contract to pipeline the water in from the east. Mr. Maxey asked how much they expect to come in through the pipeline. Mr. Goddard said that they are estimating 75% will come through the pipeline. D. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Eric Millage, Millage Brothers Inc., 22744 CR 59, stated that he has adjacent property and is concerned with 136 trucks on that road. Additionally he is concerned with the lighting plan. He wants to make sure that the lights are not broadcast out onto the surrounding neighborhood. He would like to see the facility moved back so that the trucks will be staged on the property and not on the county road. Glen McClain, representing the Platte Valley School District, stated that they did submit a letter concerning the amount of trucks in regard to school bus stops. He said that there are 10 active bus stops in 1 mile, and if you go out 2 miles there are up to 20 active bus stops. The potential is that any residence in that area could become a bus stop and is concerned with the volume of traffic. 4 Dan Buderus, 19712 CR 15.5, Partner of Buderus Farms, stated that he is concerned with the amount of traffic. He said that at the top of the site there is a hill and the line of sight is not very good. Because of the correction line at the intersection it is difficult to make the turn. He added that they have not been contacted about a pipeline through their property to this site. ,' Johnny Gabe, 24271 CR 59, stated that he is concerned with the amount of the truck traffic with his children playing outside and at the bus stop. Dennis Hoshiko, 1811 38th Ave, Greeley, stated that he has property around the proposed site. Additionally, he stated that he is President of the Lower Latham Reservoir Company who owns property in proximity to the site. He is opposed to this proposal due to the amount of truck traffic. He said that he is not aware of any pipeline and would object to that as well. He added that the intersection at County Road 59 and County Road 50 is awkward to negotiate. Eric Millage said that all of the drilling activity is from the 70 Ranch and asked why we want to have them cross Highway 34 where there is more dense population. Commissioner Maxey said that he finds himself in a little conflict. He also sits on the school board and asked legal counsel if he should recuse himself. Brad Yatabe, County Attorney, asked if there is a direct financial interest and if the testimony of the school representative will change your view or vote on this case then you should recuse yourself. Mr. Yatabe asked Mr. Maxey if he received any financial compensation. Mr. Maxey replied no. In response to Mr. Yatabe, Mr. Maxey said that he believes he can make a fair judgment; however he is concerned that since he represents both boards that there could be conflict on how he votes. Mr. Yatabe said that he could certainly recuse himself or abstain from the vote at this point. Mr. Maxey said that he will abstain from voting. V'° Mr. Goddard said that he went before the County on where they were proposing to locate the facility and met with CDOT and it didn't appear that they have any issues. He has agreed to the improvement triggers and agrees to stand by those numbers. With regard to the staging of trucks, he said that the site will hold 25 trucks. Mr. Goddard said that there will be groundwater monitoring wells located on the site to monitor any groundwater contamination. Additionally, they will submit a lighting plan for staff to review. Mr. Goddard said that they are working with Sterling Energy regarding the pipeline and added that they have not heard how they are going to route the pipeline into the facility. The reason for the pipeline is to take trucks off of the road. Commission Wailes asked what they look for in a site to make it viable. Mr. Goddard said that he talks to operators for their future outlook and then they look at potential locations. He added that this subject site has been on the market for three (3) years. Mr. Goddard said that they didn't locate in 70 Ranch as there are a couple of disposal wells located there already. In response to Commissioner Berryman, Mr. Goddard said that in the next three years the drilling activity will take place to the south and west. Commissioner Smock asked how long this site will last. Mr. Goddard replied that he expects it to last 20 years. Commissioner Lawley asked if County Road 50 is a paved road. Mr. Carroll said it is a road surface that is between a gravel and paved road. Mr. Lawley understands that the applicant will be responsible for the repairs to the road and asked about the improvements to the road. Mr. Carroll said that there has only been one (1) accident reported at that intersection. He added that Public Works is aware it is an offset intersection and turning radius is difficult and they will take a look at that intersection. If the applicant meets the triggers it will warrant the improvements. The Chair asked Mr. Ogle if the applicant was encouraged to hold a meeting with the surrounding landowners. Mr. Ogle said that he was given the option of holding a neighborhood meeting or meeting individually with the surrounding landowners. Mr. Goddard said that he visited with one (1) landowner. 5 Additionally, he received a call from Mr. Brauer and returned his phone call twice, but has not made contact with him. He added that he would be happy to meet with the individuals. Dr The Chair asked the Planning Commission to address the proposed amendments to the Staff Report. Mr. Ogle recommended adding a new Condition of Approval 7.C to read "The applicant shall submit As- Built drawing for the facility." Additionally, he suggested amending Development Standard 24 by replacing "Chapter 15, Articles I and II"with "Section 15-1-180". Motion: Add a new Condition of Approval 7.C and amending Development Standard 24 as stated by staff, Motion by Bruce Sparrow, Seconded by Benjamin Hansford. Motion carried unanimously. D. Commissioner Lawley said his concern is that staff told the applicant to visit with the surrounding property owners and he didn't do it. He strongly encouraged the applicant to visit with the surrounding property owners prior to the Board of County Commission hearing. Commissioner Sparrow said that you are putting these landowners in a position to accept the pipeline or the truck traffic. He added that he would have liked to see these agreements in place prior to the hearing. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Dr Mr. Yatabe indicated that the motion can be to recommend approval or denial, continue the case to a future date or make no recommendation. Motion: Forward Case USR14-0011 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with no recommendation from the Planning Commission, Moved by Benjamin Hansford, Seconded by Nick Berryman. Vote: Motion failed (summary: Yes = 3, No =4, Abstain = 1). Yes: Benjamin Hansford, Bruce Sparrow, Nick Berryman. No: Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes. Abstain: Jason Maxey. Commissioner Sparrow commented that he wished these issues had been answered prior to today's hearing. Motion: Forward Case USR14-0011 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial, Moved by Jordan Jemiola, Motion died due to lack of second motion. Commissioner Jemiola cited Section 22-2-20, specifically Policy 8.3. Motion: Continue Case USR14-0011 to the May 20, 2014 Planning Commission hearing so the applicant can address concerns with the landowners, Moved by Mark Lawley, Seconded by Michael Wailes. Vote: Motion passed (summary: Yes=7, No =0, Abstain = 1). Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. Abstain: Jason Maxey. 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. 6 Meeting at 3:44 pm. adjourned Respectfully submitted, Digitally signed by Kristine Ranslem �YL(i�. Date: 2014.05.09 15:32:01 -06'00' Kristine Ranslem Secretary 7 Hello