SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING. Tuesday, November 15, 2016

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1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 15, 2016 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, Bruce Sparrow, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. Absent: Bruce Johnson, Jordan Jemiola, and Michael Wailes. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano, Department of Planning Services Engineering Division; Lauren Light and Ben Frissell, Department of Health; Janet Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 1, 2016 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Terry Cross. Motion passed unanimously. USR JOHN & SHARON PETERS, C/O WELD COUNTY PUBLIC WORKS A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT. SW4 SECTION 26, T12N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: 0.5 MILES WEST OF INTERSECTION OF CR 71 AND CR 136. Commission Smock stated that she is very well acquainted with the Peters and have been long time friends. However, she stated that she believes she can be impartial in this case and is receiving no financial gain. Chris Gathman, Planning Services, presented Case USR , reading the recommendation and comments into the record. Mr. Gathman noted that an was received from Fifth Creek Energy outlining their plan of a potential location of a drill pad on this site. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Cope asked what the reclamation plan is for this site. Mr. Gathman said that the site will be reclaimed to its original state. Janet Lundquist, Public Works, reported on the existing traffic and access to the site. Evan Pinkham, Weld County Public Works, stated that Weld County Public Works is proposing to utilize the site to gather materials for local road maintenance in the area. The excavation and processing of material will be seasonal. There will be between 25 to 30 trucks per day when utilizing the site. He stated that reclamation will include regrading and reseeding the site after five years. Mr. Pinkham referred to Fifth Creek s letter and stated that they would be happy to work with them on choosing a site for their well. Commissioner Sparrow said it appears that there is an old creek on site. Mr. Pinkham said that there is no water that runs through there and added that it is a drainage spot. 1

2 Commissioner Sparrow asked if the material will be crushed. Mr. Pinkham said that there will be a crusher on site to crush the material. Jake Brag, Fifth Creek Energy, stated that they are not here to object to the request; however they would like to make notice that they do have the one location with two (2) wells to be drilled in the future and added that they are happy to work with the applicants. Commissioner Cope asked if the wells will be drilled within the next five years during the mining operation. Mr. Brag replied that it are tentatively on schedule to be drilled within the next months. Motion: Forward Case USR to the Board of County Commissioners along with the Conditions of Moved by Gene Stille, Seconded by Tom Cope. COZ JACOB & LAURA OWEN CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE E (ESTATE) ZONE DISTRICT. TRACT A ARROWHEAD 4TH FILING; PART OF SECTION 27, T5N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO 37TH STREET AND APPROXIMATELY 1,500 FEET WEST OF 47TH AVENUE. Chris Gathman, Planning Services, presented Case COZ , reading the recommendation and comments into the record. Mr. Gathman noted that this case is in conjunction with a resubdivision application. He added that the applicant is proposing to divide the 10 acre parcel into two lots. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jeff Couch, 3468 Shallow Pond Drive, Fort Collins, Colorado, stated that he represents the landowners. The applicants are requesting a change of zone from the existing Agricultural Zone District to the Estates Zone District which would be more compatible with the existing surrounding structures. He said that they intend to subdivide the property to construct a residence on each lot. No one wished to speak. Motion: Forward Case COZ to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission s recommendation of approval, Moved by Terry Cross, Seconded by Gene Stille. 2

3 USR TIMBRO RANCH AND CATTLE CO, LLC, C/O NOBLE ENERGY, INC. KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, INCLUDING PRODUCED WATER RECYCLING; TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT. SUBX BEING PART OF THE W2SE4 SECTION 11, T9N, R59W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 760 FEETT NORTH OF CR 106 AND APPROXIMATELY 0.25 MILES WEST OF CR 119. Kim Ogle, 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. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site Anne Best Johnson, Tetra Tech, 1900 South Sunset Boulevard, Longmont, Colorado, stated that Noble Energy is proposing to construct a produced water treatment facility capable of recycling approximately 84 million gallons of water per year. Commissioner Cross asked if the recycled water will be piped to drill pads. Ms. Johnson said that after the water is recycled and cleaned it will be piped to the Noble Energy pads in the area. Commissioner Stille asked the applicants to explain the process of recycling the water. Patrick Schauer, Noble Energy, explained briefly how this facility will be processing the produced water. Mr. Stille asked if that water can be used multiple times. Mr. Schauer replied that it can be used multiple times. Commissioner Cope asked if the pipeline will be buried or on the surface. Mr. Schauer replied that it will be a surface pipeline. Mr. Cope asked how far the water will pumped. Mr. Schauer replied that the furthest transfer that they have planned is about five miles. Commissioner Smock asked how they will prevent freezing in the pipeline since it is located on the surface. Mr. Schauer said that they have procedures in place to continue to keep the water moving and it doesn t freeze if it is moving at a certain speed. He added that if there comes a time when they don t need the water they will send a pig through the line to push all the water out and back to the facility it came from so that the pipeline will be empty when it is not in service. No one wished to speak. Motion: Forward Case USR to the Board of County Commissioners along with the Conditions of Moved by Joyce Smock, Seconded by Tom Cope. USR

4 REYNALDO BONILLA 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, (EVENT CENTER FOR UP TO 200 PEOPLE, ALONG WITH AN OPERATING OFFICE AND SHOP FOR TACK SALES) 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. LOT A REC EXEMPT RE-4329; PART NE4 SECTION 10, T2N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 4,100 FEET NORTH OF CR 22 AND APPROXIMATELY 2.1 MILES WEST OF CR 49. ACCESS POINT OFF NEAREST COUNTY ROAD IS OFF CR 22 APPROXIMATELY 2.5 MILES WEST OF CR 49. Chris Gathman, Planning Services, presented Case USR , reading the recommendation and comments into the record. Mr. Gathman noted that one letter and a phone call was received from surrounding property owners outlining concerns that commercial operations should be done through a change of zone process rather than a USR, events have been occurring on the property previously, the private access to the east of the facility shared by neighbors has been used, drinking and trash on site needs to be controlled, and noise concerns. Mr. Gathman noted that the four horses are allowed as a Use by Right; therefore the USR covers the events center specifically. However, Mr. Gathman added that staff did include a development standard in the staff report outlining the use by right language for the number of horses and horse boarding and training. Mr. Gathman stated that he had conversations with the applicant s representative prior to processing the application about whether or not rodeos and horse racing events would occur on the property. The applicant s representative conveyed that these events would not be occurring on the property and added that only horse training and boarding would be located on site. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Deanne Frederickson, AGPROfessionals, stated the applicant is requesting to develop 15 acres for an events center for quincineras as well as for weddings and some parties. They anticipate multiple events; however they will not be held every weekend. The events would be limited to 200 people. Ms. Frederickson said that the applicant also intends to have a lot of landscaping on site to screen the site from oil and gas activity as well as for surrounding property owners. Ms. Frederickson stated that the stables, riding arena and the practice track would operate Monday through Sunday primarily during daylight hours. She added that there would be up to 30 people during practice sessions and horse boarding activities. She said that up to 40 horses will be boarded here. There will be a caretaker also located on site. Commissioner Cope said that there are a number of different uses in the request but not all of them are included in the description. He asked what the number of horses are allowed as a use by right. Mr. Gathman said that four (4) horses per acre are allowed as a use by right. Additionally, the caretaker dwelling is a use by right as well since one residence is allowed per lot. Tony Dowdy stated that he owns the mineral rights on the property and he is not for or against the proposed request. His neighbors have expressed concern if there will be horse racing on site. Mr. Dowdy stated that if there is no money changing hands he doesn t have any concerns. 4

5 Commissioner Smock asked if they are allowed to have horse racing on site. Mr. Gathman said that their USR wouldn t allow it if they are charging for horse racing events. Commissioner Cope expressed concern with the amount of truck traffic on County Road 22 and the safety of those traveling to/from the facility. Mr. Pinkham provided the criteria for acceleration and deceleration lanes. Mr. Cope stated that it sounds like there isn t enough traffic at peak hours to warrant the acceleration and deceleration lanes; however he wanted the applicants to be aware of the existing traffic and the safety of the people coming to the facility. Motion: Forward Case USR to the Board of County Commissioners along with the Conditions of Moved by Gene Stille, Seconded by Cherilyn Barringer. Reynaldo Bonilla said that he does charge for each horse so he can maintain the bathrooms and trash clean up as well as for security. Bob Choate, County Attorney, said that he understands the applicant will be charging an amount to cover costs related to the horses on site. He added that accepting any form of compensation for it will kick it into a commercial category and therefore it would not be permitted under the permit which was just recommended favorably to the Board of County Commissioners. Mr. Choate said that the Planning Commission can move for reconsideration of your motion or this is the recommendation that will be forwarded to the Board of County Commissioners. He added that based on the motion just passed by the Planning Commission, the permit will not allow the applicant a commercial authority to accept funds on a horse by horse basis. Commissioner Sparrow asked if the applicant could ask for donations to help offset the costs. Mr. Choate said that when you accept funds it is a commercial operation and when you accept donations it becomes murkier. He added that if this is the applicant s plan he should include it in the permit. Ms. Frederickson said that it is a common practice for anyone who has a riding arena to charge to cover costs. Commissioner Stille said that there are multiple roping arenas in the County and it is understood that when using a facility there is a charge to cover the costs of bathrooms, etc. The Chair asked the Planning Commission if they wish to reopen this case. The Planning Commission didn t wish to open it up; however it should be brought up at the Board of County Commissioner s hearing. 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 2:41 pm. Respectfully submitted, Kristine Ranslem Secretary 5