SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING. Tuesday, October 3, 2017

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1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 3, 2017 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, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Gene Stille, Lonnie Ford, Terry Cross, Tom Cope. Absent: Bruce Johnson, Jordan Jemiola, Michael Wailes. Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Hayley Balzano, Department of Planning Services Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 19, 2017 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: USR DUSTY & KARRIE THOMAS DIANA AUNGST PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STEEL FABRICATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B RECX ; PART SE4 SECTION 26, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 0.5 MILE SOUTH OF CR 30 AND 0.5 MILE WEST OF CR 49. Kim Ogle, Planning Services, requested that this case be continued to the November 7 th Planning Commission Hearing. Mr. Ogle stated that the legal notice did not include all of the components of the applicant s request, therefore, Staff is requesting a continuance to provide adequate legal notification. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation this application. Motion: Continue Case USR to the November 7, 2017 Planning Commission Hearing, Moved by Tom Cope, Seconded by Bruce Sparrow. CASE NUMBER: USR TIMBRO RANCH & CATTLE CO LLC, C/O NOBLE ENERGY CHRIS GATHMAN PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF PIPES AND OTHER EQUIPMENT ASSOCIATED WITH OIL AND GAS PRODUCTION) AND USES SIMILAR TO USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (TWO MODULAR UNITS TO BE USED AS SLEEPING QUARTERS FOR STAFF STATIONED IN THE AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: W2/SE4 SECTION 11, T9N, R59W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 119 AND ONE (1) MILE NORTH OF CR

2 Chris Gathman, Planning Services, presented Case USR , noting that the applicant has removed the housing component from the request. Mr. Gathman read 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. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. An Improvements Agreement is required. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Mr. Frissell suggested that Development Standard 13 be amended to remove the last sentence If mobile sleeping units are utilized on-site, a permanent water source and septic system will be required. Anne Johnson, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that Noble Energy has operated this facility as a Use by Right since The ponds on site are used as a source for freshwater for hydraulic fracturing operations being performed by Noble Energy in the vicinity. On-site improvements will include the two (2) water storage areas and one (1) laydown yard, some job trailers and associated equipment. Ms. Johnson said that staffing at the facility is projected to be minimal once fully constructed. Commissioner Stille clarified if any of the employees will be staying overnight. Ms. Johnson stated that the applicant has removed the housing component from the application request and added that when the employees are on site they will be working. The Chair referred to Development Standard 13 and asked if the Planning Commission wished to make any changes. Motion: Amend Development Standard 13 as recommended by Staff, Moved by Bruce Sparrow, Seconded by Tom Cope. 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 USR to the Board of County Commissioners along with the Conditions of Moved by Tom Cope, Seconded by Bruce Sparrow. CASE NUMBER: LEGAL DESCRIPTION: LOCATION: USR CACTUS HILL RANCH CO., C/O SIMON CONTRACTORS KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT. PART W2 SECTION 16, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 80.5; EAST OF AND ADJACENT TO STATE HIGHWAY 257. Kim Ogle, Planning Services, presented Case USR , reading the recommendation and comments into the record. Mr. Ogle noted that four (4) letters were received. Two letters expressed concern regarding potential of water and air pollution, expected noise pollution, light pollution, the potential for criminal activity when the plant is not in operation, and the concern of materials flowing into the canal. One letter was from 2

3 the owner of the property requesting that no screening of the property be required. The landowner owns adjacent lands to the north, south and west of this proposed site. Another letter was received from Platte River Power Authority indicating they have knowledge of the uses within their utility easement and have no additional comments at this time. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Commissioner Cope clarified if there are three (3) entrances. Mr. Pinkham said that the applicant has reduced the number of entrances to two (2) with the eastern most entrance removed. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Anne Johnson, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that on May 2, 2017 they did request a Use by Right for a temporary facility and was approved on May 15, Since that time, they had met with Weld County in a pre-application meeting as well as the Town of Severance and the Severance/Windsor Fire and Rescue Department. Additionally, they held a neighborhood meeting on July 10, originally the applicant requested three (3) access points, however after talking with Weld County and the Severance Fire District they have agreed to the removal of one entrance to have two access points. Ms. Johnson referred to Condition of Approval 1.E and asked that this be amended to be consistent with County Code Section D.2.K regarding evidence of the ditch company of sign off on their letterhead. She requested that it be consistent with the County Code indicating that if such an agreement cannot be reached the applicant shall present evidence that an adequate attempt to reach such agreement has been made. Additionally, Ms. Johnson referred to Development Standard 4.A.4 regarding the hours of operation and requested that private companies be included for night paving projects, such as parking lots. Ms. Johnson requested the removal of Development Standard 4.B.3 and add a new Development Standard 4.B.5 regarding the hours of the ready-mix facility to be consistent with the asphalt plant. In regard to the letters of concern, Ms. Johnson stated that the conditions of approval and development standards address the issues of air and water pollution. Ms. Johnson said that County Road 80.5 will be paved to the 50 feet past the eastern entrance point and will eliminate dust. Lighting will only be done during nighttime operations only and the lights will be downcast. The height of the silos will be approximately 65 feet high. For safety reasons, the stockpiles of material will be approximately 12 foot high. Ms. Johnson stated that in their discussions with the Town of Severance they were happy to see this type of facility as it represents more competition for building materials. Ms. Johnson said that they would be willing to add a second aqua swirl to mitigate any perceived water quality issues. Commissioner Cope asked the applicant to explain how the aqua swirl operates and what it treats. Jeff Butson, Tetra Tech, provided a brief explanation and said it is a type of device that treats flowing water to remove free-flowing hydrocarbons and sediments from the water stream. The waste collected from the device is vacuumed out and disposed of at an appropriate landfill. Tom Moore, Managing Partner of K&M Company, which is s a family partnership, and stated that they own a farm immediately east of this site. He said that this project has a huge impact on their farm including noise, dust, air pollution, light and traffic. His farm irrigates out of the next head gate down from the site and pollution to the ditch is a large concern. 3

4 Christian Schulte, representing Tom Moore, stated that he provided a Severance Land Use Map and said that the intended use of this area for residential and commercial use as part of that development node is something that the Planning Commission should consider. He said that the 65 foot structures create an eyesore as the surrounding area becomes more residential and is not suitable for this kind of operation. Mr. Schulte requested denial of this application. He added that he was distressed to hear the request of modifications of various conditions of approval and development standards. Commissioner Cope asked if the applicant is required to have a discharge permit from the detention ponds into the irrigation ditch. Mr. Butson said that there is a discharge permit required by the State of Colorado for industrial or commercial activities. Mr. Cope asked if in that discharge permit what the criteria is. Rod Havens, Simon Contractors, 6215 Clear Creek Parkway, Cheyenne, Wyoming, stated that this site has a statewide Air Quality Permit and a statewide Water Quality Permit. With this permit, they are required to list outfalls and perform periodic testing of the water at the outfall of the drainage. Commissioner Ford referred to the dust concerns and asked if dust will be visible when crushing. Mr. Havens said that it will be sprayed with water so there will be no visible dust. Commissioner Cope asked how many trucks per day are expected to come to the facility. Ms. Johnson replied that there will be an average of 250 trucks per day. Commissioner Ford asked how much traffic is currently coming out of the facility. Ms. Johnson said that with the current temporary use there are 200 trucks per day. The Chair asked staff for their opinion regarding the requested changes to the conditions of approval and developments standards by the applicant. Mr. Ogle stated that Staff is requesting that the staff report stand as is and that the request be brought to the Board of County Commissioners. The Chair asked Staff s opinion on the requested changes to the conditions of approval and development standards. Mr. Ogle recommended that the staff report remain as is and the requested changes be brought up at the Board of County Commissioner Hearing. 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 Stille said that it seems there is quite a bit of traffic, however CDOT didn t seem concerned with the stop light handling that kind of traffic. Commissioner Cope said that this site is in a tight area and the amount of traffic does concern him. Motion: Forward Case USR to the Board of County Commissioners along with the Conditions of Moved by Gene Stille, Seconded by Bruce Sparrow. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Bruce Sparrow, Gene Stille, Lonnie Ford, Terry Cross. No: Tom Cope. Commissioner Cope said that he doesn t believe it is compatible with the surrounding area and the intended use of the Town of Severance. The Chair called a recess at 1:50 pm and reconvened the hearing at 2:05 pm. CASE NUMBER: USR TIMOTHY & ERIN ARTER DIANA AUNGST PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCK PARKING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT 4

5 LEGAL DESCRIPTION: LOCATION: PART LOT A REC EXEMPT RE-680; PART SE4 SECTION 13, T2N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO CR 49 AND APPROXIMATELY 0.5 MILE SOUTH OF CR 22. Michelle Martin, Planning Services, presented Case USR , 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. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Timothy Arter, 9405 CR 49, stated that he is requesting three (3) commercial trucks enclosed within a building on site. These trucks are similar to delivery trucks. He employs three employees who arrive at the site at 6:30 am, depart the site at 7 am and leave for home from the site at 6 pm. This property is still a home and farm to his family and this request is only to store the commercial trucks within a building. Commissioner Cope suggested amending his hours of operation if the employees are arriving to the property earlier than 7 am or later than 6 pm. The Chair asked about amending the development standard regarding the hours of operation. Ms. Martin recommended amending Development Standard 3 to read The hours of operation are 6:30 am to 6 pm. Additionally, she recommended adding a new Development Standard 5 to read The number of commercial vehicles shall be limited to three (3) and stored inside a building. Motion: Amend Development Standard and add a new Development Standard 5 as recommended by Staff, Moved by Bruce Sparrow, Seconded by Tom Cope. 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 USR to the Board of County Commissioners along with the Conditions of Moved by Gene Stille, Seconded by Bruce Sparrow. CASE NUMBER: LEGAL DESCRIPTION: LOCATION: USR EQUUS FARMS, INC., C/O BILL BARRETT CORPORATION CHRIS GATHMAN PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL GAS COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. ALL OF SECTION 28, T4N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 0.5 MILE SOUTH OF STATE HIGHWAY 34 AND APPROXIMATELY 1.5 MILES WEST OF CR 386. Chris Gathman, Planning Services, presented Case USR , 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. 5

6 Evan Pinkham, Public Works, reported on the access to the site. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Doug Dennison, Bill Barrett Corporation, CR 33, Greeley, Colorado, stated that this is a fairly remote area. He added that he has been in contact with CDOT as they plan to increase their drilling and so far CDOT does not have any issues with this project. 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 USR to the Board of County Commissioners along with the Conditions of Moved by Gene Stille, Seconded by Bruce Sparrow. CASE NUMBER: ORDINANCE PRESENTED BY: MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY CODE Michelle Martin, Planning Services, presented Ordinance , providing a brief explanation of the proposed code changes. Commissioner Stille inquired about the camping definition for more than seven consecutive nights and felt that it is too much government intervention. Ms. Martin said that they are not proposing any changes to the seven consecutive nights as that is currently in the code, however, they are proposing to add the last sentence to the definition. Motion: Forward Ordinance to the Board of County Commissioners along with the Planning Commission s recommendation of approval, Moved by Bruce Sparrow, Seconded by Tom Cope. 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 2:59 pm. Respectfully submitted, Kristine Ranslem 6

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