HomeMy WebLinkAbout20142570.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 5, 2014
is' 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 Vice Chair, Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman.
Also Present: Chris Gathman, Diana Aungst, Michelle Martin, and Tiffane Johnson, Department of
Planning Services; Jennifer Petrik, Department of Public Works; Lauren Light, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
iS` Motion: Approve the July 15, 2014 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Bruce Sparrow. Motion passed unanimously.
DS" Election of Officers.
Jordan Jemiola nominated Jason Maxey to serve as Chair for the Planning Commission, seconded by Joyce
Smock. Nomination passed unanimously.
Benjamin Hansford nominated Jordan Jemiola to serve as Vice Chair for the Planning Commission, seconded by
Joyce Smock. Nomination passed unanimously.
f`'CASE NUMBER: USR14-0025
APPLICANT: AKA ENERGY GROUP, LLC
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 (12-INCH HIGH
PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 16 MILES IN
LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: Located in Sections 27 and 33, T5N, R64W; Sections 4, 5, 6, 7, 17, 19, 20, 30, T4N,
R64W; Sections 25, 26, 27, 31, 32, 33 34, T4N, R65W; and Section 36, T4N,
R66W; all located in the 6th P.M., Weld County, Colorado.
LOCATION: East of CR 35;West of CR 57; North of CR 38; South of CR 54.
D" Chris Gathman, Planning Services, presented Case USR14-0025, 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.
(DYnink -n1.Cj�Mee) 2014-2570
D" Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
• Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
* Matt Wahl, 65 Mercado, Durango, Colorado, stated that they are proposing a 12 inch high-
pressure natural gas pipeline which will transport gas from the existing Kersey Compressor Station
southwest approximately 16 miles to another existing pipeline.
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.
is' Motion: Approve Case USR14-0025 along with the Conditions of Approval and Development
Standards, Moved by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman.
CASE NUMBER: USR14-0029
APPLICANT: LUNDVALL ENERGY PARK, LLC
PLANNER: Tiffane Johnson
REQUEST: A Site Specific Development Plan and Use By Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service Facilities
(commercial trucking and regional supply yard including equipment storage,
shop and employee parking) and USES similar to the USES listed IN
SECTION 23-3-40 as Uses by Special Review as long as the USE complies
with the general intent of the A (Agricultural) Zone District including energy
industry regional storage yard for equipment related to solar and wind power
pRoviders in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: LOT a and lot b REC EXEMPT RECX13-0080; ParT E2SW4 section 10, t4n,
r66w of the 6th P.M., Weld County, Colorado.
LOCATION: NORTH AND ADJACENT TO CR 46 BETWEEN CR 31 AND CR 33.
• Tiffane Johnson, Planning Services, presented Case USR14-0029, 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 Smock asked how long the existing berm has been in place. Ms. Johnson said that
according to the Weld County Property Portal the berm appeared in 2010.
In response to Commissioner Smocks inquiry, Ms. Johnson stated that the property was previously
used as cultivated ground. Ms. Smock asked if the berm runs around the entire perimeter of the
property. Ms. Johnson replied yes with the exception of the entry point.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site. Ms. Petrik requested that Condition of Approval 1.C, 1.D, 1.E and 1.G be
moved under Condition of Approval 1.J. Additionally, she suggested removing Condition of Approval
1.F as it is duplicated under Condition of Approval 1.J.
Commissioner Sparrow asked how the property would drain if there was a lot of water run-off. Ms.
Petrik said that the berms could be vented so that it would follow the historical drainage 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 suggested deleting Condition of Approval
6.A since they applicant has removed the future office from the original request.
Steve Lundvall stated that this site is proposed as storage for the oil and gas industry. He added
that they are currently operating from a site in Evans; however the business is expanding and they
need more room.
Eric Wernsman, 1011 42nd Street, Evans, stated that it is an unusual situation with the berm
surrounding the perimeter and added that they have had preliminary discussions with staff. He
anticipates that they will need to install pipes on the downhill side and release it at its historical
drainage rate or lower a portion of the berm so that it holds a certain amount possibly for the water
quality feature and release the water at the historical rate.
Commissioner Berryman asked to explain the self-contained office. Mr. Lundvall said that Western
Office and Equipment had originally submitted the office; however they are not interested in putting the
office in at this time.
Commissioner Maxey asked what activity is occurring on site now. Mr. Lundvall said that a power
company is on site currently leasing the property. He added that the lease ends in September.
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 Condition of Approval 1.F, Moved by Nick Berryman, Seconded by Benjamin
Hansford. Motion carried unanimously.
Motion: Delete Condition of Approval 6.A, Moved by Benjamin Hansford, 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.
Wri' Motion: Forward Case USR14-0029 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 Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman.
Commissioner Sparrow commented that he doesnt like to see good farm ground used for these types
of businesses.
kb" CASE NUMBER: COZ14-0004
APPLICANT: William&Trisha Moran
PLANNER: Chris Gathman
REQUEST: Change of Zone from the R-1 (Residential) Zone District to the C-3 (Commercial) Zone
District.
LEGAL DESCRIPTION: L2 SW4SW4 SECTION 9,T5N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to E. 18th Street; approximately 625 feet east of 1st Avenue.
D" Chris Gathman, Planning Services, presented Case COZ14-0004, 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 there are notes on the plat that the existing house on site can only be used as a
caretakers residence or office. It cannot be used as a rental home in the Commercial Zone District
under the Weld County Code.
It*' Jennifer Petrik, 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.
Trisha Sandau, 1712 1st Avenue, Greeley, stated that the property is used for storage of traffic
control cones, drums, pickups and message boards.
Commissioner Maxey asked the applicant if she is interested in annexing into the City of Greeley. Ms.
Sandau said that she is not interested in annexing into Greeley.
D. The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Brad Mueller, Director of Community Development, City of Greeley, 1100 10th Street, Greeley, stated
that the property is surrounded by the City of Greeley. The character of the area also shows that this
is an urbanizing area. Mr. Mueller respectfully requested that annexation into the City of Greeley be
considered.
Commissioner Berryman stated that the applicant has stated that they wish to not annex but asked if
there was anything that the Planning Commission could review or make changes to. Mr. Mueller said
that discussion of Intergovernmental Agreements have been discussed however it has not been
finalized. He added that there is no specific request and recognizes the owners right along with the
county process. He believes that through annexation there would be long term benefits for the
landowner.
fr In response to the Chairs inquiry, Ms. Sandau said that there are not further comments at this time
regarding annexation.
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.
0' Motion: Forward Case COZ14-0004 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 Benjamin Hansford.
Vote: Motion passed (summary: Yes = 6, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Nick
Berryman.
No: Joyce Smock.
Commissioner Smock stated that given the location of the property, she believes that this site should
be annexed into the City of Greeley.
Commissioner Berryman said that if the site becomes a more intensive operation, he encouraged the
applicants to look at annexation.
Commissioner Maxey concurred with Mr. Berrymans comments.
The Chair called a recess at 3:01 pm and reconvened the hearing at 3:13 pm.
D' CASE NUMBER: USR14-0028
APPLICANT: Stuart Bombel, c/o Asphalt Specialties
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Use Permit for any use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (heavy equipment and truck repair
shop along with outside equipment/vehicle storage and staging), provided that
the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the N2SE4 (all that part lying southeasterly of the Bull Canal) of Section
22, T1 N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to the West 1-25 Frontage Road; approximately 1,300 feet north of CR
6.
DO Chris Gathman, Planning Services, presented Case USR14-0028, reading the recommendation
and comments into the record. Mr. Gathman noted that the Town of Erie objects to this request as it
does not comply with their Comprehensive Plan and lack of screening of outdoor vehicle storage yards
from adjacent properties and I-25. He added that there is a condition of approval that requires a
landscape/screening plan. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
I°` Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and
the requirements on site. Ms. Petrik said that there is a geologic fault line that runs through this
property. She added that she spoke to the Colorado Geological Survey and they indicated that they
accept the Geotechnical Hazard Report. Ms. Petrik recommended removing Condition of Approval
1.D.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements,
on-site dust control, and the Waste Handling Plan.
0" Rob Laird, Resource Management for Asphalt Specialties, 10100 Dallas Street, Henderson,
Colorado, stated that they currently sublease the site and added that they have subsequently entered
into a purchase agreement. He added that Mr. Gathman explained the site very well and what they
propose to do with the property.
Commissioner Smock asked what the number of acres is on site. Mr. Laird said that the total site is 20
acres however they are utilizing less than half of the 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: Delete Condition of Approval 1.D, 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 USR14-0028 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 Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman.
CASE NUMBER: USR14-0019
APPLICANT: ANADARKO E&P COMPANY LP
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 Facilities
(compressor station for natural gas and all related equipment, including, but
limited to, eight (8) compressors, vapor recovery units, separators,
dehydrators, storage tanks, and one (1) seventy-foot in height communication
tower) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3668; PART NW4 SECTION 35, T3N, R67W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 28;west of and adjacent to CR 21.5.
Diana Aungst, Planning Services, presented Case USR14-0019, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) phone call was received with concerns on
the noise from the compressors. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
*"' Jennifer Petrik, 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. Ms. Light suggested adding "The applicant shall
operate in accordance with the approved noise abatement plan at all times" to the end of Development
Standard 16.
Nathan Keiser, Anadarko Petroleum, 1099 18th Street Suite 1800, Denver, Colorado, stated that
they are proposing a compressor station site along with a 70 foot in height communication tower. He
P P 9 P 9
said that they are trying to design a landscaping plan but they are dealing with a lot of individual utility
easements and pipeline easements across this parcel. He added that they hope to have that design in
place prior to the Board of County Commissioner hearing.
Commissioner Sparrow said that it appears from the road there is screening but it doesnt look there is
much for screening from adjacent properties. Mr. Keiser said that there is a vacant residence to the
west and there is no county road that goes along that western property boundary. He said that they
are open to discussing landscaping to individual properties but it would have to be a private
agreement.
Commissioner Maxey asked if farming will be done on the site. Mr. Keiser said that it is unknown given
that there will be active drilling on site but if there is enough room after installation of the facility for
farming they will allow it.
IS.' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Lois Reitz, 10898 CR 28, stated that they live directly east of the proposed site. They have lived there
for 60 years and just built a new house 6 years ago. She is concerned that the site will look very
industrial. She added that they have talked with the applicant and they have assured them that they
will provide landscaping but they dont feel it is enough landscaping. She is also concerned about the
odor, noise, property values and the traffic impacts during construction.
Kristen Jimenez, 12979 CR 21.5, stated that she lives adjacent to the property and added that she
is also speaking on behalf of James Peacock, who is the closest residence. Ms. Jimenez cited health
concerns regarding recent research she has conducted with regard to compressor stations. She is
also concerned with contaminated water that comes from the compressor station facility into the
adjacent ditch and because of the high water table water floods their basement. Additionally, the
proposed electrical power lines will be directly adjacent to her home and could block their satellite and
internet connection. She added that they operate a business from their home and internet is
necessary to operate their business.
Eddie Jimenez, 12979 CR 21.5, stated that they are concerned with the compressor station close
to their home. He said that it will affect crops currently grown that are used for feed for livestock as
well as for human consumption. He is opposed to the traffic, complications to their familys lives, and
the complications to the operation of their business at home.
Commissioner Hansford asked if he knew of anyone who lives next to a compressor station or
electrical substation. Mr. Jimenez stated that he does not; however James Peacock who is an
employee with Anadarko said that the compressor stations are very loud and noisy. He believes that
the land was available and the applicants bought it. Mr. Hansford said that he lives with half a mile of a
compressor station, electrical substation as well as drilling operations. He added that he was initially
concerned; however the industry has been very good to work with. He further added that he cannot
hear the compressor station and will occasionally hear the electrical substation but the companies
have mitigated these noise concerns and it has helped.
`'" Ronald Matsushima, 12745 CR 21.5, stated that he owns the property just south of the proposed
site. He said that he has had issues with the contractors involved with the company as they were
blocking his driveway when they were boring holes for the pipeline. He is concerned that he will not be
able to irrigate his farm with the potential transmission line. He is opposed to the compressor station
and cited concerns with noise and lights.
Id Stacy Hendershot, 9939 CR 28, stated that they just purchased their house October 2013. She
submitted a letter to Anadarko with her concerns and submitted it to the Planning Commission. She
said that there is a lot of truck activity and ditch damage from Anadarko vehicles where they turn
around. She said that they find Nathan Keiser to be responsive. As a new resident of this area, she
has the same concerns as those who have lived here for some time.
Commissioner Berryman asked if Anadarko was responsive when calling the hotline. She said that
they sent an email. She added that they just called on Saturday with regard to the traffic speed and
hasnt seen any reduction in the speed from the vehicles yet but hopes to see it slow down.
The Chair closed the public portion of the hearing and called a recess at 4:53 pm. The Chair
reconvened the hearing at 5:02 pm.
Nathan Keiser stated that there is a booster station for water that Mr. Matsushima is referring to.
Commissioner Maxey asked if it is located on this site. Mr. Keiser said that it is located on this
proposed site but not associated with this request. He added that he is not aware of anyone utilizing
his driveway and that is why they set up this hotline so that they know what is going on in the area and
can take care of it.
Mr. Keiser said that the issues at the other sites are the same as this site. There is no odor or
emissions as there are no exhaust releases or venting done at this site. There will not be any
groundwater contamination as it is all contained via pipelines. There will be more traffic during
construction but it will be an unmanned facility. He cannot speak to the drilling operations as that is not
on their immediate radar of when that will take place. However that does not mean that they will take
concerns and deal with that. He hopes to convey to the community that they are willing to listen and
hope that they will use the hotline to express their concerns.
Commissioner Wailes said that we often hear about odor from compression plants and added that he
understands that you should not be able to smell natural gas at this stage of production.
Jack Murray, 1099 18th Street, Suite 1800, Denver, stated that during this part of the process there is
no venting and it is a closed system. He added that after market there is an odor given to natural gas
so that the public can detect any leaks. Commissioner Sparrow noted that the employees working on
these sites dont wear masks so it appears to him that there are no poisonous gases.
Motion: Amend Development Standard 16 to add "The applicant shall operate in accordance with
the approved noise abatement plan at all times" to the end, Moved by Nick Berryman, 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.
Motion: Forward Case USR14-0019 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 Sparrow, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman.
Commissioner Sparrow expressed to the audience that this was not an easy decision. He understands
how this affects your lives and hopes that the company will work with you.
Commissioner Maxey echoed Mr. Sparrows comments. He added that Anadarko has been good to
work with and mitigate these issues.
It"CASE NUMBER: oRDINANCE 2014-10
PRESENTED BY: Michelle Martin
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 19 Coordinated
Planning Agreements, of the Weld County Code.
Bruce Sparrow noted that he is Chair of the Keenesburg Planning Commission and feels that he can
be impartial; however if anyone feels that he should recuse himself he will. Brad Yatabe, County
Attorney, recommended that he should recuse himself.
Michelle Martin, Planning Services, presented the proposed code changes for Chapter 19. Weld
County and the City of Ft. Lupton and the Town of Keenesburg have been working on these new
Coordinated Planning Agreements which are identical to each other. The changes include that at the
time of pre-application that the county will notify the municipality for potential annexation and that the
municipality will have 21 days to follow up with pre-annexation agreement. Additionally, the 3 mile
referral area for the municipality would be set from the municipal limits and not from the current set
boundary.
Todd Hodges, Todd Hodges Design, 2412 Denby Court, Ft. Collins, Colorado, stated that he hopes
that this agreement will be a template for other municipalities to follow.
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. Motion: Forward Ordinance 2014-10 to the Board of County Commissioners along with the
Planning Commissions recommendation of approval, Moved by Jordan Jemiola, Seconded by
Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman.
Excused: Bruce Sparrow.
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 requested that a group tour be scheduled to a compressor station facility and
injection well site.
Meeting adjourned at 5:48 pm.
Respectfully submitted,
Digitally signed by Kristine
O6 / , Ranslem
Date:2014.08.11 09:20:23-06'00'
Kristine Ranslem
Secretary
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