HomeMy WebLinkAbout20143456.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 21, 2014
D. 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: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
Absent: Nick Berryman and Terry Cross
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Tiffane Johnson, 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 October 7, 2014 Weld County Planning Commission minutes, Moved by
Joyce Smock, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR14-0047
APPLICANT: GERALD&IUCILLE REID
PLANNER: Diana Aungst
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 (an office/shop, employee parking, and
storage and parking of trucks and related 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 A REC EXEMPT RE-1575; PART E2NE4 SECTION 22,T7N, R66W of the
6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 80 Section Line and west of and adjacent to CR 33.
Diana Aungst, Planning Services, presented Case USR14-0047, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter of opposition was received from a
surrounding property owner concerned with the increase of traffic. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Maxey asked if there are other residences close to the property. Ms. Aungst said that
there are structures in the area; however they are not being utilized as residences. She added that
these structures are used for storage.
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Commissioner Maxey asked if there is a residence located on the subject site. Ms. Aungst stated that
there was a residence within the building used by the applicants prior to moving out. She added that
the current applicants believe the highest and best use of the property is commercial use.
Commissioner Maxey asked why the applicants are going through this process prior to having an end
user. Ms. Aungst said that the property owners were having difficulty selling the land because of the
land use process. She added that they wished to go through this process and if an end user proposes
something a little differently, they could potentially go through a minor amendment process at that time.
Ms. Aungst said that this is the first time this type of request has been submitted. She added that we
are helping the property owner based on maximum numbers for what could occur on the site for
commercial use. She further added that then the applicants could sell to a potential buyer with similar
uses and, if needed, minor amendments could be submitted for any additional uses.
* 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.
* Gerald Reid introduced Bonnie Emerson, applicants Real Estate Agent. Mr. Reid stated that this
was their home for over 10 years. He added that they have gotten older and there is a lot of
maintenance for the property that they are having difficulty maintaining. Mr. Reid stated that they feel
the best use of this property is for commercial use. He added that there were several inquiries on this
property but the potential buyers were reluctant to go through the process after finding out it took four
to seven months and therefore they have not purchased the property. Mr. Reid said that they are
proposing to shorten the process for applicants by applying for this USR.
Bonnie Emerson said that she receives multiple inquires weekly regarding this property and they are
commercial interests, with the largest portion of those being in the oil and gas industry. She said that
they are trying to shorten the period of time for potential buyers. She added that there have been
several potential buyers and they have lost contracts because of the timing of the USR process.
The Chair asked Ms. Aungst to explain the difference of a minor amendment and full amendment as
the applicants are indicating oil and gas support. There are several different oil and gas support
services from a casing company to an oil and gas company that stores explosives like we heard up by
Ault. Ms. Aungst said that it would depend on the details of the site and what they propose. If they are
proposing something that would take a good deal of review time, then it would most likely require a full
amendment. If the use fits closely with the approved permit and will have little impact then it would
most likely be processed administratively through a minor amendment. With a minor amendment, the
surrounding property owners are notified and if there is more than 30% opposition then it would be
heard by the Board of County Commissioners.
Mr. Reid added that they intend to prescreen the new owners so that it fits mostly with what is
proposed here otherwise they will have to go through the entire process again and it defeats this
purpose.
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.
Commissioner Wailes said that he understands what the applicant is trying to do and what the goal
is; however he feels that it is setting a precedent as we are opening the door to urban encroachment.
He further explained that we have small property owners in the County who say that if they invest the
time and go through the USR process they can now take agricultural land and put a commercial use to
it and increase the value of their property. He added that it is so hard to define this Use by Special
Review when we dont know specifically what that use is.
Commissioner Sparrow noted that if it is used for commercial use they would pay (higher) commercial
taxes and would deter people from doing this.
Commissioner Johnson asked why they didnt go through the Change of Zone process to allow for
more uses. Ms.Aungst said that the County doesnt encourage spot zoning for the benefit of that one
property owner.
Commissioner Jemiola agreed with Mr. Wailes that he would like to know the specific user for a Use by
Special Review Permit.
lir Motion: Forward Case USR14-0047 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of denial, Moved by Benjamin Hansford, Seconded by Bruce Johnson.
Commissioner Hansford said that he has the utmost faith in the County Commissioners and Planning
Staff to do the right thing provided that we recommend approval of an open ended USR; however he
still has questions about it. Mr. Hansford said that because it is open ended he doesnt feel it is
compatible with the surrounding properties.
Moved by Michael Wailes to amend Commissioner Hansfords motion by citing Section 23-2-220.A.3
and Section 23-2-220.A.4 which is related to compatibility. Mr. Wailes added that because there is no
specific user we cannot identify the compatibility. He also cited Goal 8 under Section 22-2-10
"ensuring that adequate services and facilities are currently available or reasonably obtainable."
Additionally, he cited Goal 9 which is to reduce potential conflicts with neighboring and varying land
uses in the area. Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
The Chair clarified that the amendment has been made to the original motion. He asked if there was
any further discussion on the original motion. No one wished to speak. The Chair asked the Secretary
to call for a vote.
Vote: Motion passed (summary: Yes= 5, No= 2, Abstain= 0).
Yes: Benjamin Hansford, Bruce Johnson, Jason Maxey, Jordan Jemiola, Michael Wailes.
No: Bruce Sparrow, Joyce Smock.
Commissioner Smock stated that she values what the Planning Department has done and added that
there are a lot of unknowns, which she is concerned about. However she added that she believes
everything is in place that this can be worked out.
Commissioner Johnson said that he respects the amount of effort from staff to try and make this work;
however there is too much uncertainty.
D"CASE NUMBER: USR14-0051
APPLICANT: CIRCLE B LAND COMPANY LLC,CIO BILL BARRETT CORPORATION
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO AN OIL AND
GAS PRODUCTION EQUIPMENT STORAGE YARD, OFFICE AND
ASSOCIATED BUILDINGS INCLUDING FOUR (4) CONEX STORAGE
CONTAINERS AND A TWENTY(20) FOOT IN HEIGHT COMMUNICATIONS
TOWER IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: S2SW4 SECTION 7,T6N, R61 W of the 6th P.M.,Weld County,Colorado.
LOCATION: NORTH OF AND ADJACENT TO CR 70 SECTION LINE; EAST OF AND ADJACENT TO
CR 85.
M" Kim Ogle, Planning Services, presented Case USR14-0051, 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. Ogle suggested adding a Condition of Approval 1.F to read "The applicant or the representatives
for Select Energy shall submit a Mylar plat for recording for a Subdivision Exemption for Oil and Gas
Support and Service for the existing in-ground pond utilized for oilfield operations."
Additionally, Mr. Ogle recommended adding a Condition of Approval 1.F.14 to read "Delineate the
location of the in-ground pond utilized for oil and gas support and service and label the pond with the
Subdivision Exemption number associated with this land use permit.
D'° Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
D` Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
D' Ethan Watel, Baseline Corporation, 1950 Ford Street, Golden, Colorado stated that he is
representing Circle B Land Corporation which is a subsidiary of the Bill Barrett Corporation. Mr. Watel
stated that they are proposing a storage yard for oil and gas production equipment. The existing
residence will be converted into an office and a 20 foot communication tower will be constructed 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.
D"The Chair repeated the suggested changes to the Staff Report.
Motion: Add Condition of Approval 1.F as stated by Staff, Moved by Bruce Sparrow, Seconded by
Benjamin Hansford. Motion carried unanimously.
Motion: Add Condition of Approval 1.F.14 as stated by Staff, Moved by Bruce Sparrow, Seconded by
Benjamin Hansford. 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.
IP` Motion: Forward Case USR14-0051 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 Michael Wailes.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
D"CASE NUMBER: USR14-0059
APPLICANT: JOSEPH & LINDA BAKER
PLANNER: Tiffane Johnson
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for one(1)single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A.
(second single-family dwelling unit) and accessory buildings with gross floor
area larger than four percent(4%)of the total lot area, as stated in Section 23-
3-30, per building on lots in an approved or recorded subdivision plat or lots
part of a map or plan field prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: LOT 28 ENCHANTED HILLS; PART OF SECTION 8, T2N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: NORTH OF AND ADJACENT TO CR 22; EAST OF CR 15.
Tiffane Johnson, Planning Services, presented Case USR14-0059, reading the recommendation
and comments into the record. Ms. Johnson noted that two (2) letters of opposition were received from
surrounding property owners concerned that this sets a precedent for other property owners and
believes that after the medical hardship is terminated the second dwelling should be removed. The
Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
kr 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.
0" Joe Baker, 7156 Maple Street, stated that he has lived out here for 37 years and added that they
built the second dwelling for his wifes grandmother. Mr. Baker said that after she passed away they
forgot that this was a medical situation and added that they have used this dwelling for when his
children came home to visit. He stated that he currently has a contract on this property.
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 he has read through the Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
`" Motion: Forward Case USR14-0059 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
The Chair called a recess at 3:10 pm and reconvened at 3:23 pm.
ifr CASE NUMBER: USR14-0049
APPLICANT: TALLGRASS PONY EXPRESS PIPELINE(COLORADO) INC
PLANNER: Chris Gathman
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (20-INCH HIGH
PRESSURE CRUDE OIL PIPELINE AND ACCESSORY BUILDINGS AND
EQUIPMENT associated with two meter station facilities to be operated in
conjunction with the pipeline) IN THE A (AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: Beginning in Section 2 and crossing Sections 11, 10, 15, 16, 21, 28, 27 and
34 in T9N, R59W; Sections 3, 10, 9, 16, 21, 28, 33, and 34 in T8N, R59W;
Sections 3, 2, and 1, T7N, R59W; Sections 6, 5, 4, 3, and 1 in T7N, R58W;
Sections 34, 35, and 36 in T8N, R58W; Sections 6, 5, 4, 3, 2, 1 in T7N,
R57W; Sections 31, 32 anD 33 IN T8N, R56W; Sections 6, 4, 3, 2, 1 in
T7N, R56W of the 6th P.M., Weld County, Colorado. There are TWo
Proposed Meter station sites associated with this pipeline. The pawnee
meter station site is proposed to be located on lot b of recorded exemption
recxl4-0048, which is located in the e2se4 of 2, T9N, R59W. The
buckingham meter station site is proposed to be located in Part of the sw4
of section 34, t8n, r59w of the 6th P.M.,Weld County, Colorado.
LOCATION: Generally running south on CR 115 from CR 108 to Hwy 14 and then heading
GENERALLY east ALONG or in the vicinity of Hwy 14 to THE WELD
COUNTY/LOGAN COUNTY BOUNDARY.
D" Chris Gathman, Planning Services, presented Case USR14-0049, 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 stated that the Planning Commission has seen Non-1041 Permits and
understands that they are the final authority. He asked why the metering facilities with an office and
restrooms fall under a Non-1041 Permit. Mr. Gathman said that staff had a lot of discussion regarding
this and concluded that the metering stations didnt meet the threshold for a separate USR from the
pipeline. He added that they felt that because this is still associated with the pipeline they felt it
needed to be under the purview of this USR.
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.
is Cody Wagoner, Tallgrass Pony Express Pipeline, 370 Van Gordon Street, Lakewood, Colorado,
stated that this pipeline will tie into the Pony Express Pipeline in Logan County and transport oil that is
produced in Weld County to the Cushing, Oklahoma market place. He added that the pipeline
construction has begun but the metering facilities have not begun construction.
Commissioner Maxey referred to the application which states that an office, septic systems, domestic
wells and custodial areas will be located at the metering stations and asked why there is this entire
infrastructure for an unmanned site. Mr. Wagoner said that the facilities will be used for the
measurement and sampling of product that is coming through the pipeline. Additionally, based on the
location of the site the office, septic system and domestic well is to accommodate the employees
during bad weather. Mr. Wagoner added that this would also be for potential future expansion.
Commissioner Maxey questioned if the metering facilities should fall under a separate USR Permit,
other than the Non-1041 Permit. Mr. Gathman said that staff is looking at it as an accessory use to the
pipeline. He added that if the applicant starts expanding at the metering facilities then staff will need to
have further review on that.
against Chair asked if there was anyone in the audience who wished to speak for or 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: Approve Case USR14-0049 along with the Conditions of Approval and Development
Standards, Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
CASE NUMBER: USR14-0034
APPLICANT: DIAMOND VALLEY ENERGY PARK LLC, C/O EXTRACTION OIL AND GAS, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Storage and transloading facility (oil storage tanks and miscellaneous
processing equipment along with a truck loading platform where oil will be
loaded onto trucks for shipping) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: PART SW4 SECTION 23,T6N, R67W of the 6th P.M.,Weld County,Colorado.
LOCATION: North of and adjacent to Eastman Park Drive (County Road 66)and approximately 1 mile
east of State Highway 257.
D. Chris Gathman, Planning Services, presented Case USR14-0034, 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 said that an email was received on October 17th from the Town of Windsor stating that
the applicants have satisfied their conditions. Mr. Gathman suggested that Development Standard 6
be removed as staff is not requiring a Screening Plan for this site.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Di' Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer
requirements, on-site dust control, and the Waste Handling Plan.
Jordan Jemiola stated that the applicants representative is a Milliken Planner and he serves on the
Milliken Town Board. Mr. Jemiola stated that he feels he can be fair and impartial in the judgment of
this case. The Planning Commission had no issues with Commissioner Jemiola hearing this case.
iD" Blaine Thingelstad, Extraction Oil & Gas, 1888 Sherman Street, Denver, Colorado stated that the
original application was submitted by Tekton Energy; however Extraction Oil has since purchased the
site and is taking over the project. He added that they are proposing an oil terminal facility which
includes oil storage tanks and miscellaneous processing equipment along with a truck loading platform
where oil will be loaded onto trucks for shipping. He added that there may be up to five (5) people 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.
II" Motion: Delete Development Standard 6 as recommended by Staff, Moved by Benjamin
Hansford, Seconded by Jordan Jemiola. 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 USR14-0034 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 Johnson.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes.
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 Jemiola said that we should consider a new type of zoning designation to concentrate
some of this growth development into more industrial/commercial areas. some of the uses in the
Agricultural Zone District. The Planning Commission held discussion on pending USR cases that have
already been heard by the Planning Commission at previous hearings.
Meeting adjourned at 4:45 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4.5\i66/11J�YL Date:2014.10.24 14:09:35-06'00'
Kristine Ranslem
Secretary
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