HomeMy WebLinkAbout20141663.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 20, 2014
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.
Absent/Excused: Nick Berryman
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, 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 May 6, 2014 Weld County Planning Commission minutes, Moved by Jason Maxey,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: COZ14-0002
APPLICANT: MARK&JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD; PART OF SECTION 21, T3N, R68W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32; 0.5 MILES EAST OF CR 5.
Chris Gathman, Planning Services, requested that a continuance of this case be made to the June 17,
2014 Planning Commission hearing so that the 30 day notice to the mineral interest owners can be
completed as well as a correction to the legal notice.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case COZ14-0002 to the June 17, 2014 Planning Commission hearing date, Moved
by Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER: USR14-0011
APPLICANT: EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
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.
Commissioner Maxey noted that he abstained from the case at the last hearing and wished to recuse
himself for this case.
Kim Ogle, Planning Services, presented Case USR14-0011, reading the recommendation and comments
into the record. Mr. Ogle noted that this case was continued from the May 6th Planning Commission
hearing. He added that the applicant, Mr. Goddard, indicated that he met with several neighbors and it
appears that the main issues of concern are the truck traffic and staging of trucks on county roads.
Additionally, Mr. Goddard met with the Platte Valley Fire Chief, Barry Schaefer, and the School
/� Superintendent of RE-7, Glenn McClain, Jr. regarding their concerns. The original application requested
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6-2— Pi 2014-1663
a twenty-four hour a day, seven day a week, 365 day a year operation. After hearing their concerns,
Expedition Water Solutions has agreed to open the facility gates at 8 am after the school buses are back
at the bus barn and close the facility to truck traffic at 10 pm. 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 and condition of the county roads. He added
that this road is a HRP (Haul Route Program) road where Weld County has upgraded the roads to
accommodate the truck traffic due to the oil and gas industry.
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Commissioner Wailes asked what the triggers are that the County uses to determine the HRP roads.
Janet Lundquist, Public Works, stated that it is a combination of things from an increase in truck traffic to
an increase of volume of traffic.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Jim Goddard, Expedition Water Solutions, 1023 39th Avenue, Greeley, stated that he talked with the
School Superintendent of RE-7 and Expedition Water Solutions has agreed to open the gates to trucks at
8 am after the school buses are back to the school. Additionally, after talking with several of the
neighbors Expedition Water Solutions also agreed to close the gates at 10 pm. Additionally, they have
reduced the truck traffic from 130 trucks to 70 trucks per day.
Mr. Goddard also mentioned that Fire Chief, Barry Schaefer, suggested a specific haul route; however
Public Works will determine the haul route.
John Benson, Electrical Consulting Engineer, stated that they will utilize cut-off technology which will keep
the light within the perimeter of the building. He added that in this case they are also looking at glare
control.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Millage, President of Millage Brothers, 22744 CR 59, stated that they have several farms around this
area. At the last hearing the applicant was to make contact with the neighbors; however Mr. Millage said
that he has not received any contact. He expressed concerns regarding the lighting, the conditions of the
road and the correction line at the intersection of County Road 50 and County Road 59. Additionally, he
questioned the safety of the kids being dropped off after school. Mr. Millage stated that he has not
received any information regarding the proposed pipeline into this facility.
Todd Bean, 14339 CR 74, stated that he owned this property previously and sold it to Expedition Water
Solutions. He stated that the farm was dried up in 2010 and the property was placed on the market for
sale. Mr. Bean said that he believes this property is a good location for the intended use. He added that
there are a lot of wells being drilled within a few miles of this location on the south side of the highway.
The public including the neighbors had the opportunity to purchase this property for several years
including the Lower Latham Ditch and Dennis Hoshiko. Mr. Bean said that he has email correspondence
that provides evidence that the property was offered to Lower Latham and Mr. Hoshiko and wished to
submit that packet to the Planning Commission.
Wendy and Larry Tekler, 23530 CR 59. Mr. Tekler said that they are concerned with the dust, lights and
noise and asked who will monitor the air quality. Ms. Tekler said that they live in a floodplain and asked
what this extra water does with the floodplain.
Noblet Danks, 30150 CR 50, stated that there are potholes on the County roads. She expressed concern
with the proposed 70 trucks per day and with the injection of the water itself
Shirley and Johnny Rain, 31019 CR 50. Ms. Rain stated that they live on the dirt road. She expressed
concern over what the haul route is and school bus stops.
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Dave Gage, 4634 W 2nd St, Greeley, stated that he has worked in the industry and with Jim Goddard for
20 years and added that he currently teaches oil and gas technology classes at Aims Community
College. He said that Mr. Goddard has an established record with adjacent landowners of doing what he
says he is going to do. Mr. Gage provided examples of how they accommodated the neighbors when
they were being impacted.
Dennis Hoshiko, 1811 38th Avenue, Greeley, stated that he occasionally resides at 28607 CR 50, which is
located 0.5 miles west of the proposed project. He stated that he found groundwater at 4 feet on the
property which is located diagonally from the proposed project. Additionally he is concerned with the
runoff from the property to the Boxelder Creek which flows directly into the South Platte River. He stated
that these Recorded Exemption sites were divided for residential uses and not industrial uses.
In response to Commissioner Lawley's inquiry regarding staging on the county road, Mr. Carroll said that
the applicant indicated that 25 trucks could be staged on the proposed site. He questioned if there will be
any staging on the county road until the gate to the facility opens at 8 am. Ms. Lundquist stated that
anyone seeing any staging on the road that they should call the Sheriffs Department.
The Chair asked to explain how the haul route is established and when. Ms. Lundquist said that they look
at where the traffic is coming from and going to and what the applicant is responsible for in terms of
maintenance. This information is included in the Improvements Agreement. She suggested utilizing
County Road 61 going north or going west on County Road 50 to County Road 53. However, she said
that a more in-depth conversation with the applicant takes place after the hearing to determine the haul
route.
In response to the Chair's inquiry regarding dust control, Ms. Barbare noted that the applicant has
submitted a dust abatement plan and added that it has been approved. She read into record the
requirements of dust control.
The Chair asked what the noise level requirement is at the site. Ms. Barbare said that Development
Standard 17 relates to noise standards for the site, which is 50 decibels during the day and 55 decibels at
night.
The Chair asked about the potholes on the county roads. Mr. Carroll said he drove the road yesterday
and didn't see any potholes or rutting. He added that if someone sees potholes they should call and
Public Works will assess it and provide maintenance for the roadway.
In response to the Chair's inquiry regarding air quality monitoring, Ms. Barbare stated that Condition of
Approval 1.F states that an Air Emissions Permit is required for the facility. That permit is granted from
the State of Colorado; therefore the State regulates the air emissions from the facility.
Regarding the floodplain, Mr. Carroll noted that a portion of Lot C is in a floodplain; however the facility is
not being constructed in the floodplain. The Chair asked if run-off is detained on site. Mr. Carroll said
that the applicant supplied a drainage narrative and staff did look at the drainage criteria and accepted
their information.
The Chair asked to explain the well and how they will keep it from contaminating the water. Mr. Goddard
explained the process and protection of contaminating the water. He said that it will be monitored every 2
hours for leaks.
The Chair asked what drives the number of injection wells. Mr. Goddard said that with the production of
new oil and gas wells each day and year, Mr. Goddard submitted a picture of 21 trucks staged at the NGL
Solutions(formerly Conquest C-7) injection facility at Highway 392 and County Road 74.
Mr. Goddard heard the concern of staging trucks at 8 am and added that he will make it very clear to the
truckers that they will not be accepted prior to 8 am and no staging is allowed.
Commissioner Sparrow asked if he overestimated at 130 trucks. Mr. Goddard said that he was asking for
the maximum number of trucks; but believes that 70 is the more realistic number he can handle.
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Commissioner Smock asked how many landowners were contacted. Mr. Goddard said that he contacted
the School Superintendent, the Platte Valley Fire Chief, Dan Buderus, Mr. Gonzales and Mr. Nunez.
The Chair called a recess at 3:16 pm and reconvened the hearing at 3:27 pm.
The Chair asked about the pipeline and where it is at in the process. Mr. Goddard said that they have
talked with Sterling Energy about bringing in an 8 inch line from the east.
Commissioner Sparrow asked the applicant if he contacted Mr. Hoshiko. Mr. Goddard was told by Mr.
Hoshiko after the last hearing that he didn't need to talk with him.
The Chair asked staff if there are amendments to the staff report. Mr. Ogle stated that they
recommended amending Development Standard 28 to read "Hours of operation of the Salt Water
Disposal Well Facility are twenty-four(24) hours each day, seven (7) days per week—365 days per year.
Accepting water from inbound trucks between the hours of 8:00 am to 10:00 pm, daily."
Motion: Amend Development Standard 28 as read by staff, Moved by Benjamin Hansford, Seconded
by Michael Wailes. Motion carried unanimously.
Mr. Ogle stated that the original application stated that there were 130 trips per day to this facility and
then the applicant has amended that to 70 trips per day. Mr. Ogle suggested adding a new Development
Standard 22 to read "The Facility is restricted to 70 trucks per day, 7 days a week, 365 days per year."
Motion: Add new Development Standard 22 as stated by staff and renumber accordingly, Moved by
Benjamin Hansford, Seconded by Bruce Sparrow. 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
pP 9 PP
agreement.
Motion: Forward Case USR14-0011 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 Bruce Sparrow.
Vote: Motion carried (summary: Yes= 5, No= 1).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes.
No: Joyce Smock.
Commissioner Jemiola said that he believes the applicant has attempted to demonstrate that the
roadways that the facility is associated with are adequate with the structural capacity. He commended
the applicant for limiting the truck traffic and strongly encouraged the applicants to reach out to the
residents who live in this area.
Commissioner Smock stated that she doesn't believe that this is compatible with the surrounding
property.
Commissioner Sparrow commented that the reduction of trucks to the facility helps. Additionally, he
encouraged the applicants to pursue the pipeline installation.
CASE NUMBER: USR14-0005
APPLICANT: TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN
PIT MINING AND MATERIALS PROCESSING, AN ASPHALT BATCH PLANT
AND RELATED ACCESSORY BUILDINGS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 21, T11N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR
17.
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Kim Ogle, Planning Services, presented Case USR14-0005, reading the recommendation and comments
into the record. Mr. Ogle noted that a community meeting was held on March 13, 2014. Discussion
centered on the condition of roads, speed of vehicles on the roads, historical safety of the roads, and the
potential for nuisance, theft, dust, noise and traffic. Staff has received 2 letters outlining concerns of
flooding of Lone Tree Creek, dust, noise and smell from vehicle exhaust, incompatibility with surrounding
property, decrease in property value, water well, etc. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Commissioner Lawley asked what the life of the mine is. Mr. Ogle replied that they estimate 16 to 24
years.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Janet Lundquist, Public Works, stated that she talked with Gloria Hice-Idler at CDOT and they are
requiring turn lanes at the intersection of County Road 126 and Highway 85. Ms. Lundquist has drafted
some language for a new Condition of Approval under Prior to Recording, which will read "The Colorado
Department of Transportation (CDOT) has jurisdiction over US 85. Based upon the traffic volumes
supplied by the applicant, CDOT is requesting that turn lanes be installed at the intersection of CR 126 &
US 85. The details of the turn lane improvements including but not limited to location, lengths, and taper
requirements will be supplied and in the approved CDOT access permit. Please provide evidence of the
approved CDOT access permit to Weld County."
Commissioner Lawley asked if we have seen this requirement before. Ms. Lundquist said that we have
but we haven't seen it at this 8 mile distance.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Bill Schenderlein, Blue Earth Solutions, PO Box 2427, Ft. Collins, Colorado, stated that he is representing
Connell Resources.
He stated that the property is located northwest of the Town of Carr and adjacent to the existing Tucker
Mining Pit. The Tucker Pit began operation in 1980 and Connell Resources took it over in 2001. He
added that this pit is running out of reserves and will not be operating in conjunction with the proposed
mining pit for today.
Commissioner Maxey referred to the community meeting and asked how well it was attended. Mr.
Schenderlein said that the community hall was pretty full (around 50 people) and added that the people in
attendance expressed concern that this proposed site is moving closer to the community and creating
dust and traffic.
The Chair called a recess at 4:34 pm and reconvened at 4:44 pm.
Commissioner Maxey left the meeting at 4:44 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Harold Skerjanec, 8470 CR 126, stated that he lives directly across the road to the south of the proposed
site. He expressed concern with the dust, traffic, and noise as well as odor from the batch plant.
Mr. Newbold, 62545 CR 17, stated that they live west of and adjacent to the proposed site. He said that
Lone Tree Creek is known to flood and is concerned that his property will flood because of the proposed
berms. Additionally, he is concerned with dust and the number of trucks per day.
Charlene Olson 56796 CR 23, and Marcia Slatter 9348 Stevenson Avenue (CR 126). Ms. Slatter said
that the gravel trucks are a problem but they are not the whole problem. She said that the other day
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gravel trucks were going through and one of them was not covered and she is concerned with that. She
added that her husband has respiratory issues and is concerned with the dust and batch plant chemicals.
Ms. Olson said that she has been in contact with the Union Pacific Railroad to improve the railroad
crossing. She stated that she has noticed that trucks will race to get to the railroad crossing before the
train gets there. Ms. Slater noted that there was a train that blocked County Road 126 for 8 hours one
day.
Sara Thomson-Cassidy, Union Pacific Railroad, 1400 W 52nd Ave, Denver, stated that they are pleased
and willing to coordinate with the County to identify the potential cumulative impact at this intersection.
They are aware of the increase of truck traffic and attempt to be responsive of this issue. She stated that
in a summary of incidents pulled from 2009 - 2014 the public safety data at DOT Crossing Number
804893F at Mile Pole 86.04 include 2 reports of unsafe motorist activity, 5 reports of blocked crossings,
10 reports of rough crossings, 33 reports of bison on track. Ms. Thompson-Cassidy provided a phone
contact number for the Risk Management Call Center at 1-888-877-7267 to identify incidents at that
crossing.
The Chair asked about the existing traffic impacts and with the additional proposed traffic how will that be
reconciled with improvements. Mr. Ogle said that they will count the traffic going in and out of the pit and
that will be added to the background traffic that is on County Road 126. He added that the applicant will
be responsible for their proportional share.
Commissioner Sparrow asked if there will be an increase in traffic after the Tucker Pit closes. Mr.
Schenderlein said that the truck traffic or volume should not change; however the volume depends on
demand. He added that the customers will be basically the same and feeding the same demand when
the new one opens.
Commissioner Sparrow referred to the concern of flooding the surrounding property owner. Mr.
Schenderlein said that Lone Tree Creek has a large drainage face and has the potential to flood. He
added that both with the Tucker Pit upstream of Mr. Nebold's house and the new proposed pit project
downstream the mining activities will not be constricting or impeding the flood flows.
The Chair asked if there were changes to the staff report. Ms. Lundquist stated that CDOT has made a
request to add a Condition of Approval which states "The Colorado Department of Transportation (CDOT)
has jurisdiction over US 85. Based upon the traffic volumes supplied by the applicant, CDOT is
requesting that turn lanes be installed at the intersection of CR 126 & US 85. The details of the turn lane
improvements including but not limited to location, lengths, and taper requirements will be supplied and in
the approved CDOT access permit. Please provide evidence of the approved CDOT access permit to
Weld County."
Motion: Add Condition of Approval as stated by staff, Moved by Benjamin Hansford, Seconded by
Joyce Smock.
Vote: Motion failed. (summary: Yes= 3, No= 3).
Yes: Joyce Smock, Benjamin Hansford, Mark Lawley.
No: Bruce Sparrow, Jordan Jemiola, Michael Wailes.
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 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.
Vote: Motion carried. (summary: Yes = 6).
Yes: Joyce Smock, Benjamin Hansford, Mark Lawley, Bruce Sparrow, Jordan Jemiola, Michael Wailes
CASE NUMBER: ORDINANCE 2014-7
PRESENTED BY: TOM PARKO
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REQUEST: CODE ORDINANCE #2014-7, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24
SUBDIVISIONS, OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, introduced the proposed code changes for Chapter 23 and Chapter 24.
The purpose of these proposed changes are to be more consistent with FEMA and the Colorado Water
Conservation Board. Mr. Parko provided an outline of the proposed changes.
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 2014-7 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin
Hansford. Motion carried unanimously.
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 5:48 pm.
Respectfully submitted,
g� \i66/1 Y Digitally signed by Kristine
Ranslem
Date:2014.05.27 14:31:10-06'00'
Kristine Ranslem
Secretary
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