HomeMy WebLinkAbout20141191.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 1, 2014
Dr 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: Bret Elliott, Nick Berryman.
Also Present: Diana Aungst, Department of Planning Services; Don Carroll and Janet Lundquist,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the March 18, 2014 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Jordan Jemiola. Motion passed unanimously.
ID' CASE NUMBER: USR14-0002
APPLICANT: CIRCLE B LAND COMPANY LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE
AREA FOR OIL AND GAS PRODUCTION CONTROL UNITS AND OTHER
WELL SITE RELATED EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES
AND COMMERCIAL TRUCKS AND A 13,600 S.F. FIELD OPERATIONS
BUILDING)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 392 AND WEST OF AND
ADJACENT TO CR 33.
Commissioners Maxey and Smock noted that they visited the site today.
Nick Berryman entered the hearing at 1:34 pm.
► Diana Aungst, Planning Services, presented Case USR14-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that 4 letters of opposition were received from surrounding
property owners outlining concerns of increased traffic and traffic safety, loss of peaceful enjoyment of
county living, and negative effects of property values. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
ID' Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. He stated that according to the application, there are 25 employees that will drive
company owned pickups and will be disbursed from the shop and returned to the shop at each shift.
Additionally, there are 10 miscellaneous vehicles of which could be passenger vehicles or delivery trucks.
Based on this information, this site will generate 60 round trips per day. Mr. Carroll added that the
application states that there may be an occasional 18 wheeler on site.
Commissioner Maxey referred to the traffic counts on County Road 33 and the increased traffic proposed
by the applicant and asked if CDOT has any requirements on turn lanes or new bridge over the canal.
Janet Lundquist, Public Works, stated that she has left a message with Gloria Hice-Idler of CDOT;
however she did not receive any comments back. Ms. Lundquist said that although the 60 round trips per
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day sound high, they are pickup trucks and not large semi-trucks. She followed up with the triggers that
require turn lanes and deceleration lanes.
Commissioner Maxey asked what the county's position is since County Road 33 is offset from Highway
392 along with the access point from the residence to the east side of the intersection. Ms. Lundquist
said that with the current traffic volumes there has not been a significant safety problem that would trigger
the turn lanes or to correct that slight offset. However, with the increase of traffic they would monitor it
and added that the residential access is a concern. She added that the access is grandfathered but if
there would be a safety problem she would talk with the landowners. Ms. Lundquist said that she doesn't
feel at this time the increased traffic warrants safety improvements.
Commissioner Smock asked what the peak hours are since the application stated the hours are from 7
am to 5 pm. Ms. Lundquist said that in looking at numbers in the area the peak hours show it to be at
7:15 am and 4:45 pm,which would be during the proposed shift hours of the site.
»' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Stephanie Sigler, Ripley Design, Incorporated, stated that there will be an office and shop facility
located on site with hours of operation from 7 am to 5 pm Monday through Friday. She noted that they
received the staff report that stated staff would like additional landscaping along the gravel lot in the back
of the property and they intend to add the appropriate landscaping.
Ms. Sigler said that they are aware of the surrounding property owner letters and have read them. She
emphasized that they intend to be a good neighbor and added that there will be light duty vehicles on site
and not heavy duty vehicles.
Commissioner Berryman asked why this location was chosen versus a location closer to town.
John Singleton, Bill Barrett Corporation, said that they did look at various locations. He stated that they
looked at industrial property but didn't find anything accommodating. He added that because this is their
corporate office they felt this was centralized for their field of operation. He reiterated that they want to be
good neighbors. This office will hold office administration personnel and lease operators.
Commissioner Hansford asked how many 18 wheelers will be parked on site. Mr. Singleton said that
there will not be any 18 wheelers parked on site. He added that there will be deliveries received from
FedEx and UPS.
Commissioner Smock asked how large the production control units will be stored on site. Mr. Singleton
said that this site will only be used for office and will not be a production facility. The only storage they
may have on site will be tubular. There will be no tanks or separators stored on site. Ms. Smock asked if
anything will be stored in the shop building. Mr. Singleton replied that the shop will be used to service the
lease operator's pickup; however no fluid changes will be performed. Minor maintenance, such as
installing tool boxes,would be performed in the shop building.
Commissioner Maxey said that the confusion is that the application and site plan show a large storage
area and asked what they plan to do with that. Mr. Singleton said that if they have any storage it will be
temporary storage.
In response to Commissioner Maxey's inquiry regarding hours of operation, Mr. Singleton said that he
arrives at the office at 6 am. Mr. Maxey noted that is not within their request and asked if they want to
change their hours of operation. Mr. Singleton mentioned that they would like to change the hours from 5
am to 7 pm.
Ms. Aungst suggested that Development Standard 4 be amended to read "The hours of operation are
5:00 am through 7:00 pm Monday through Friday and from time to time there may be employees
accessing the site outside of these hours to pick up equipment or paperwork".
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The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Butch Caton, 33138 CR 33, stated that there are other properties better suited for this business. He
added that this property has a very high water table and with a leach field next to an irrigation ditch they
are concerned with contamination. Additionally, he is concerned with the width of the intersection,
increase of traffic and water pressure to his property.
N" Karen Lohmann, 16109 Hwy 392, stated that a proposal of this magnitude should be a rezoning
issue and not a special use permit. She expressed concerns regarding health attributed by dust.
Additionally, she emphasized concerns regarding traffic safety and soil contamination.
Commissioner Berryman asked if there are any mitigating circumstances that might make this application
better. Ms. Lohmann noted the letter she submitted that outlines her requests and concerns. She added
that this intersection cannot handle this increase in traffic.
1► Chad Sanger, 33421 CR 33, stated that he is building a home north of the proposed site. He is in
support of oil and gas but would like to see this facility in a different location. He is concerned with the
traffic and noted that he has difficulty trying to cross the bridge with a goose neck trailer and¶4 ton pickup.
He noted all the surrounding USR's in the area and said that they are agriculturally related; however this
site is not. Additionally, he stated that he is concerned with the hours of operation for the children and
livestock. He emphasized concerns with the traffic on Highway 392 and County Road 33.
► Todd Bean, 14339 CR 74, stated that he owned the farm that was sold to Chad Sanger as well as
the proposed Bill Barrett site. He understands and sympathizes with the neighbors concerns. He is
committed to cleaning the farm up. He believes that Bill Barrett will be a good neighbor and added that
he is committed to protecting the neighborhood. He added that the conditions in the staff report have
traffic triggers for safety.
► Kenneth Adams, 13640 Hwy 392, stated that he doesn't understand why an office needs to be in an
agriculturally zoned area. He added that the bridge will have to be changed to accommodate the traffic.
John Johnson, 34534 CR 33, stated that he lives 1.5 miles north of the intersection. He is not
against oil and gas but is strongly opposed to this request. He said that this intersection cannot handle
this increase in traffic. He said that all the trucks that deliver feed to him try to avoid that intersection
because it is not safe.
Lyn Spooner 16229 Hwy 392, stated that she lives 0.25 miles away from the proposed site. They
have had issues with school bus stops on Highway 392. She added that right now her children drive to
school and said that it is impossible to get out of their driveway with the amount of traffic on Highway 392.
She said that there is a high water table and is concerned with possible contamination.
11 Frank Tenorio, 16109 Hwy 392, stated that he agrees with the opposition so far. He added that his
property values will decrease and it is not fair while this proposed site profits.
► Gene Oblander, 34645 CR 31, stated that he lives 1 mile away. He said that he is not happy with
the oil and gas companies. He said that this site is not compatible with the surrounding uses and is
concerned with the amount of traffic.
M" Dale Trowbridge stated that he represents the Greeley No. 2 Canal and from their perspective the
applicants have met their requirements which were to have a 75 foot right-of-way. He added that he is
here to answer any questions the Planning Commission might have.
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rils' Kevin Spooner, 16229 Hwy 392, stated that he didn't know about this request and said that more
people might be involved if they knew. He said that the traffic on Highway 392 has skyrocketed and has
become a serious issue.
Ms. Aungst stated that anyone within 500 feet of the property are notified of any requests.
D. Linda Adams McKee stated that they have owned their farm for 50 years. She said that this is not
an agricultural business and should not be located here.
The Chair called a recess at 3:27 pm and reconvened the hearing at 3:36 pm.
i" The Chair announced that the Planning Commission is an advisory board. He added that the Board
of County Commissioner hearing for this case is to be held on April 16th at 10:00 am.
Ms. Aungst provided a copy of the referral from CDOT to the Planning Commission. In summary, she
noted that the small amount of traffic does not trigger the threshold and therefore the permittee does not
need to make any improvements. Additionally, since there is no direct access to the highway CDOT has
no comment.
The Chair stated that Weld County has no jurisdiction over the highway and encouraged the landowners
to contact their State Legislators.
DP Ms. Sigler said that when they found out that there was neighborhood opposition they did try
reaching out in a number of ways. She added that she did make a phone call to Mr. Caton; however she
hasn't received a phone call back from him. Additionally, they passed out flyers to the neighbors inviting
them to a neighborhood meeting; however no landowner attended the meeting.
Ms. Sigler referred to the question of why this location and said that this location is centrally located to
where these operators need to go out into the field. The amount of traffic will not be increased but simply
distributed to a specific location. She added that with the impact fees that they will be required to pay
they hope that will help with the maintenance of the road.
Ms. Sigler said that the site is 5.5 acres and fits quite nicely with the surrounding acreages. It is
anticipated that 95% of those employees will be on site during the normal hours of operations of 7 am to 5
pm.
She added that the shop area is an area to add a tool box to their truck out of the rain. There is no drain
in the floor and there will be no fluids or chemicals stored on site for maintenance.
Ms. Sigler said that at this time they do not plan to have a storage yard. She said that they do not
anticipate any large items for storage. The storage idea was just something that might accommodate any
little storage in the future. Based on the size of the parcel and surrounding community they do feel that it
is compatible with the surrounding land use.
M"' Commissioner Maxey asked them to talk about the screening on site and how they justify the chain
link fence with slates. Ms. Sigler said that it was probably an economic decision and added that the wind
can go through the slates easier than a cedar fence. Mr. Maxey said that he has to agree with one of the
concerns that the chain link is not aesthetically pleasing with the nice architectural building that is
proposed.
The Chair asked Ms. Aungst to repeat the suggested change to Development Standard 4. She stated
that it would read "The hours of operation are 5:00 am through 7:00 pm Monday through Friday and from
time to time there may be employees accessing the site outside of these hours to pick up equipment or
paperwork."
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Motion: Amend Development Standard 4 as stated by staff, Motion by Benjamin Hansford, Seconded
by Joyce Smock.
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.
Mr. Carroll requested to have Development Standards 10 and 11 removed.
Motion: Delete Development Standards 10 and 11, Motion 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.
D. Commissioner Sparrow said that the major objection is that it is a commercial site but believes that if
it was only an office building it would be acceptable, He encouraged the applicants to think about
eliminating the storage area and any truck traffic as there might not be much objection to it.
Commissioner Wailes concurred and urged them to be very clear on what the operations are going to be
on site. He added that according to the Weld County Code, oil and gas is included in the agricultural
definition.
Commission Jemiola agreed with Commissioner Wailes that oil and gas is part of the agricultural auxiliary
business. He added that he also agrees with Commissioner Maxey that the chain link with slats probably
gives it a different look than just the rendering of the building.
Commissioner Maxey echoed the comments from Mr. Sparrow. He added that that the proposed building
is a very nice rendering and he has already made his comments with the landscaping. Mr. Maxey said
that he doesn't agree with CDOT's response as he believes 60 additional vehicles with the already busy
intersection and the ditch and offset of County Road 33 is a safety concern.
Commissioner Berryman said that this is unique but that it can be compatible with the area. It is a difficult
intersection to get traffic in and off of the Highway.
Benjamin Hansford said that these two uses can co-exist without a lot of aggravation.
Commissioner Smock said that there are some definite unknowns and some speculation. She said that it
is an awfully large office area and should perhaps be located in a commercial area. Ms. Smock felt that
we are taking another piece of Weld County out of agricultural production. She believes the building
looks very nice but isn't sure about the commercial part located in the country.
Commissioner Lawley said that CDOT should be involved but unfortunately Weld County's hands are
tied. He encouraged the landowners to contact their State Legislatures. He also strongly encouraged the
applicants to address the screening and the storage issues prior to the Board of County Commissioner
hearing.
Motion: Forward Case USR14-0002 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 passed (summary:Yes =6, No= 2,Abstain=0).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes, Nick Berryman.
No: Jason Maxey, Joyce Smock.
Commissioner Smock stated that this use is more of a commercial use and should be located somewhere
else.
Commissioner Jemiola stated that he believes that you have the right to develop your property and that
this is compatible with the area.
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Commissioner Maxey cited Section 23-2-220.A.3 regarding compatibility. He added that he has concerns
with the landscaping and the large storage area. If for any reason this site would be sold to another
owner, they might utilize the large storage area and become a problem in the future. Additionally, he
cited Section 23-2-220.A.7 regarding Health, Safety and Welfare based on the traffic at that intersection.
Meeting adjourned at 4:01 pm.
Respectfully submitted,
Digitally signed by Kristine
4 .\ i1L ya m Ranslem
Date: 2014.04.03 13:20:19 -06'00'
Kristine Ranslem
Secretary
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