HomeMy WebLinkAbout20131932.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0028
APPLICANT: KERR-MCGEE GATHERING LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED
EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO
ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND ONE (1) SEVENTY-
FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: PT NW4 SECTION 14, T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 22; 0.5 MILES WEST OF CR 23.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A. (OG.Goal 1.) states
"Promote the reasonable and orderly exploration and development of oil and gas mineral
resources;" and
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." The applicant, Kerr-McGee, will be paying for all on -site and offsite
improvements associated with this use as required through the improvements agreement;"
and
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy."
Kerr-McGee Gathering (KMG), LLC gathers natural gas, performs gas processing, and
transmits final products to customers via pipelines. In Weld County, KMG operates an
extensive network of gathering pipelines and compressor stations. The DJ Basin area has
recently seen rapid expansion as new drilling technologies are allowing more oil and gas to
be produced. As a result, gas gathering and processing capacity needs to be expanded in
order to meet the growing production. To meets these needs, KMG is proposing to construct
a new compressor station to facilitate the movement of this resource to other Kerr-McGee
facilities for processing and to market. The Vollmer Compressor Station is necessitated by
the need to move larger volumes of gas due to the recent increases in drilling activity and
projected additional production increases. This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached Conditions of
Approval and Development Standards (Noise limits and the requirement that the applicant
submit a Lighting Plan) ensure that there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county.
0013-1991
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 2
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development, Oil and Gas Support and Service and Section including oil and gas processing
facilities and related equipment, including, but not limited to, eight (8) compressors
associated with gas processing or which compress gas to enter a pipeline for transport to
market; and 23-3-40.K one (1) or more microwave, radio, television or other communication
transmission or relay tower over seventy (70) feet in height per Lot as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is generally flat with a slight slope to the south. This
land and surrounding lands in each direction are in agricultural production with numerous oil
and gas facilities, well heads and tank batteries present in each direction. To the north is a
rural residence and agricultural fields, To the West is the Coal Ridge Ditch and Agricultural
fields, South and East are lands in agriculture with limited residential development and an
overhead electric transmission line flanks the eastern property line. There are fifteen (15)
property owners on 17 parcels within five hundred feet of this facility. There are five
residences, within five hundred (500) feet of the proposed facility and with the nearest
residence being approximately 800 feet to the east from the proposed facility; to the north is
an abandoned residence currently vacant with agricultural outbuildings. Within 1000 feet of
the proposed facility there are eight (8) residences, and within one-half mile of the proposed
facility there are twenty-seven (27) residences, predominately located East and South of the
proposed facility. Staff has not received any telephone calls, electronic mail or letters
concerning this proposed facility.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is within the three (3) mile referral area of the City of Fort Lupton and
the Towns of Firestone and Frederick. The Town of Frederick returned a referral indicating
no conflict with their interests; responses were not received from the City of Fort Lupton and
the Town of Firestone.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road
Impact Fee Area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -wide Road Impact Fee Program. (Ordinance 2011-2)
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This proposed facility is
located on a 46 acre parcel utilizing approximately 9 acres for the compressor site. Ongoing
agricultural production will continue on lands not impacted by this proposed facility. The
proposed facility is sited on lands that are designated "Other" on the Important Farmlands of
Weld County map dated 1979.
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 3
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0028 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and
Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights -of -way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
5. County Road 22 is designated on the Weld County Road Classification Plan as a
local roadway, which requires 60 feet of right-of-way at full build out. The applicant
shall verify the existing 60 feet of right-of-way and the documents creating the right-
of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of right-of-way. If the existing right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County (Department
of Public Works)
6. Show the approved accesses on the Plat and label with the approved access permit
number. (Department of Public Works)
7. The applicant shall indicate specifically on the plat the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded (Department of Public Works)
8. The approved Lighting Plan for the Facility. (Department of Planning Services)
B. An Improvements Agreement as well as road maintenance during construction may be
required for this site. Road maintenance during construction includes dust control and
damage repairs. (Department of Public Works)
C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment to Environmental Health Services Division of the Weld County
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 4
Department of Public Health & Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of Public Health
and Environment)
D. The applicant should attempt to address the concerns of the Fort Lupton Fire Protection
District as stated in their referral dated June 7, 2013. (Fort Lupton Fire Protection District)
E. The applicant shall submit two (2) paper copies or one (1) electronic copy, (.pdf) of the plat
for preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
2. Prior to Construction
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
3. Upon completion of Conditions of Approval No. 1. above the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(c�co.weld.co.us. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional
3 month period. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 5
VOTE:
For Passage Against Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Absent
Bill Hall
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 2, 2013.
Dated the 2nd of July, 2013.
,6[6Eu'eci
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.07.09 11:37:05 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
USR13-0028
1. The Site Specific Development Plan and a Special Review Permit, USR13-0028, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing facilities
and related equipment, including, but not limited to, eight (8) compressors associated with gas
processing or which compress gas to enter a pipeline for transport to market, and one (1) seventy-
foot in height communications tower in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Non -
Specified Zone as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State
noise statutes and/or regulations. (Department of Public Health and Environment)
10. The operation shall comply with all applicable rules and policies regulated by the Colorado Oil and
Gas Conservation Commission. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 7
12. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
13. The signed Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
15. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. Building permits may be required for the Oil and Gas Support and Service Facility and associated
buildings and equipment. (Department of Building Inspection)
18. A building permit application must be completed and two complete sets of engineered plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted. (Department of Building Inspection)
19. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
20. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection)
21. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
23. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
24. Weld County will not maintain on -site drainage related areas or medians. (Department of Public
Works)
25. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
26. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program.(Ordinance 2011-2) (Department of Planning)
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 8
27. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2) (Department of
Planning)
28. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
29. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards
of the Weld County Code. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
32. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
33. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
35. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
RESOLUTION USR13-0028
KERR-MCGEE GATHERING LLC
PAGE 9
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0028
KERR-MCGEE GATHERING LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND
RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8)
COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET,
AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
PT NW4 SECTION 14, T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO CR 22; 0.5 MILES WEST OF CR 23.
Kim Ogle, Planning Services, presented Case USR13-0028, 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.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett stated that Development Standard 9 should be
amended to replace "industrial" with the "non -specified" noise level.
Motion: Amend Development Standard 9 as stated by staff, Moved by Benjamin Hansford, Seconded
by Nick Berryman. Motion passed unanimously.
Nathan Keiser, Anadarko Petroleum, 1099 18th St, Denver Colorado, stated that this location fits in with
the rest of their gathering system and helps to reduce traffic in the area. The nearest inhabitable
structure is approximately 800 feet from this facility and they feel their noise abatement plan takes this
residence into consideration.
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.
Motion: Forward Case USR13-0028 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 carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand.
The Chair called a recess at 2:58 pm and reconvened the hearing at 3:10 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR13-0024
ROBERT EHRLICH, C/O JEFF CHILDS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (75 DOG BOARDING KENNEL AND
CARE FOR A MAXIMUM OF 100 DOGS) AND ANY USE P
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPE
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
CLINIC, DOG GROOMING, AND RETAIL SALES OF DOG FO
olDi 3-1 932,
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