HomeMy WebLinkAbout20101531.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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: USR-1704
APPLICANT: Heartland Renewable Energy, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a solid
waste disposal site and facility(including Class I composting, an animal waste
recycling or processing facility (an anaerobic digester-based renewable energy
plant-gas) along with a concrete batch plant to be used for construction of the
facility in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Part SE4 of Section 25,T4N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: /z mile south of CR 42 and 1/2 mile east of CR 47
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 22-2-20 A. A.Goal 1. Respect and encourage the continuation of agricultural land
• uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture.
5. A.Policy 1.5. Support and entice agriculturally related businesses and processing
facilities.
A. AW.Goal 1. Human and environmental health impacts from agricultural waste should
be minimized by appropriate handling, storage and processing practices.
A. AE.Goal 1. Support and encourage research, development and use of alternative
energy resources.
The proposed use will convert agricultural and food wastes into gas and composting
material. This facility essentially will recycle existing wastes generating by existing
agricultural and agricultural related facilities in Weld County into reusable components
(fuel (methane gas) and soil amendment material).
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Sections 23-3-40 A.12, 23-3-40 B.12, and 23-3-40 I. of the
Weld County Code provides for Solid Waste Disposal sites and facilities, Animal waste
recycling or processing facilities and concrete batch plants 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 proposed facility is located on an existing parcel with
6 existing gas wells and two tank batteries. The site is located in a rural area consisting of
dryland parcels, rural residential parcels and irrigated agricultural land to the west of the
•
site. The two nearest residences are located approximately 1/4 to the west and
approximately 1/3 of mile to the east of the site. The applicant is proposing to place the
EXHIBIT
2O1O-1531
g° —no
Resolution USR-1704
Heartland Renewable Energy, LLC
• Page 2
facility on the interior of the existing parcel allowing additional distance from properties to
the east and west. Proposed Conditions of Approval and Development Standards such as
submittal of a lighting plan and screening plan to mitigate the impacts of the use for
compatibility with the surrounding land uses.
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 does not lie within the three mile referral area of any
municipality and/or county.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County
Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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. The site is
classified as"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld
• County Map.
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 Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. The plat
scale shall be amended to either 1" = 100' or 1" = 200'. (Department of Planning Services)
B. All sheets of the plat shall be labeled USR-1704. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Lighting Plan. (Department of Planning Services)
3) The approved Screening Plan. (Department of Planning Services)
• 4) The applicant shall upgrade/pave the site entrance to WCR 49 for a distance of
approximately 300 feet west or 100 feet with two back to back cattle guards,
adequate turning radius, and stop sign. This shall be indicated on the plat.
(Department of Public Works)
Resolution USR-1704
• Heartland Renewable Energy, LLC
Page 3
5) County Road 49 is classified by the County as an Arterial Roadway, which
required a 140-foot right-of-way at full build out. There is presently an 80-foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of
setback in the Weld County Zoning (23-1-90), the required setback is measured
from the future right-of-way line. (Department of Public Works)
6) The boundaries of USR-1741 shall be amended to include the access road and
(at a minimum) all properties to the south of the access road within the USR-1741
boundary. (Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works, as stated in their referral response dated May 27, 2010. The applicant
shall address the following prior to recording the plat:
Improvements Agreement and Collateral
1. The applicant shall enter into an improvements agreement according to Policy
Regarding Collateral for Improvements.
2. Public Works will require a right acceleration lane be constructed on WCR 49 when
traffic volumes meet the triggers of 50vph during right out of the facility during the
peak hour. This requirement will be included in the Improvements Agreement. Prior to
the start of construction of the auxiliary lanes, final construction drawings will be
required to be reviewed and accepted by Public Works.
• 3. The applicant and Public Works staff will work together to establish safe engineering
practices, where applicable.
Drainage Report:
1. A final drainage report addressing all items in the preliminary and final drainage report
checklists shall be submitted. The final drainage report shall be signed, stamped, and
dated by a licensed professional engineer registered to practice in the State of
Colorado. The final drainage report shall address the redline comments that have
been returned to the applicant's engineer. The final drainage report shall incorporate
the April 22, 2010 addendum to the preliminary drainage report.
2. Included with the final drainage report, the applicant shall submit a letter addressed to
David Bauer, Weld County Engineer, requesting a variance to the Weld County
Drainage Code regarding retention ponds. The letter shall include the following:
a. A statement the request is not precedent setting and the applicant's engineer
realizes as such
b. The letter shall list all reasons for needing a variance including but not limited
to: i. State of Colorado CDPHE requirements
H. the fact that the adjacent land is owned by the applicant and the
applicant does not object to potential stormwater releases from the
retention pond
iii. The current land use is agricultural and urban type development is not
expected in the vicinity.
iv. Any other reasons that the applicant and applicant's engineer feel are
needed to justify the variance request.
3. Final Construction drawings must be submitted for review and acceptance by Public
• Works.
4. The applicant shall provide evidence from the Division of Water Resources stating
whether a substitute supply plan will be required to cover the capture and re-use of
stormwater runoff into the retention pond. (Department of Public Works)
Resolution USR-1704
• Heartland Renewable Energy, LLC
Page 4
E. The applicant shall enter into an improvements agreement according to Policy Regarding
Collateral for Improvements and post adequate collateral. The agreement and form of
collateral shall be submitted for and reviewed by the Departments of Planning Services
and Public Works and accepted by the Board of County Commissioners prior to recording
the Use by Special Review plat. (Departments of Public Works and Planning Services)
F. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The Lighting Plan shall adhere
to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting requirements in accordance with
Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved
Lighting Plan shall be delineated on the plat. (Department of Planning Services)
G. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. The screening plan shall address screening of the facility from the
nearest residences and adjacent public rights-of-way. (Department of Planning Services)
H. As stipulated by the parties, the applicant shall submit a copy of an agreement with
Anadarko, Kerr McGee, and Noble Energy that oil and gas activities have been
adequately incorporated into the design of the site prior to the recording of the final plat.
The plat may need to be amended to include any possible future drilling sites.
(Department of Planning Services)
• I. The applicant shall address the requirements of the Colorado Division of Water
Resources as stated in their referral received May 3, 2010. Written evidence of such shall
be provided to the Department of Planning Services. (Colorado Division of Water
Resources)
J. Conditions of the Colorado Department of Public Health and Environment's April 7, 2010
recommendation of approval letter shall be addressed. (Department of Public Health &
Environment)
K. Prior to construction, Heartland Renewable Energy(HRE) shall submit to the Division and
Weld County for review and approval, a Construction Quality Assurance and Quality
Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings. The
documents shall be submitted at least sixty (60) calendar days prior to commencement of
construction. (Department of Public Health & Environment)
L. The facility shall demonstrate that they have filed Air Pollutant Emission Notices (APEN)
for all emissions points, including the filing of an APEN as an odorous source, and
obtained all required Construction Permits from the Colorado Dept. of Public Health and
Environment's Air Pollution Control Division, as required by Colorado Air Quality Control
Commissions Regulation Number 3. Evidence of such shall be submitted in writing to the
Weld County Department of Public Health and Environment. (Department of Public Health
& Environment)
M. A fugitive particulate emissions control plan (dust control plan) shall be submitted and
approved by the Weld County Dept. of Public Health & Environment. (Department of
Public Health & Environment)
• N. The applicant shall submit a deed encompassing the boundaries of the entire Use by
Special Review Permit including the proposed access road (off of County Road 49) and
all property to the south of the boundaries of the access road. (Department of Planning
Services)
Resolution USR-1704
• Heartland Renewable Energy, LLC
Page 5
O. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 eighty
(180) 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)
3. 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 maosco.weld.co.us. (Department of Planning Services)
4. Prior to the Release of Building Permits/Grading Permits:
A. All building plans shall be submitted to the LaSalle Fire Department for review and
approval prior to issue of building permits. (Department of Building Inspection)
B. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. Include
• a Code Analysis Data sheet for the Weld County Building Department for each structure
that requires a permit. Submittal plans shall include a floor plan showing the specific uses
of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer. (Department of Building Inspection)
C. The applicant shall be required to obtain a grading permit. The grading permit application
shall include the erosion and sediment control plan, proposed grading plan, typical
installation details of all BMPs to be utilized, installation and maintenance notes for all
BMPs to be utilized. Please note that early grading permits will not be issued until
collateral is posted and the plat has been recorded. (Department of Public Works)
D. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a construction stormwater discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment. Evidence of the CDPHE approval shall be included with the grading permit
application. (Department of Public Works)
E. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS
permit from the Colorado Department of Public Health and Environment, Water Quality
Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-
61). Alternatively, the applicant can provide evidence from CDPHE that they are not
subject to CDPHE's requirements. (Department of Public Works)
5. Prior to Start of Construction:
A. Final Construction Drawings for onsite and offsite road/access improvements, grading
improvements and drainage improvements shall be reviewed and approved by the
•
Department of Public Works. (Department of Public Works)
Resolution USR-1704
• Heartland Renewable Energy, LLC
Page 6
6. Prior to Certificate of Occupancy:
A. Following construction, HRE shall submit to the Division and Weld County for review and
approval a construction certification report, which includes construction record drawings,
deviations from the approved plan, and results of all testing and documentation
requirements set forth in the CQA/QC Plan. The construction certification report shall be
submitted at least sixty (60) days prior to acceptance of feedstock. (Department of Public
Health & Environment)
7. Prior to Operation:
A. Entrance Improvements:
1. The applicant shall upgrade/pave the site entrance to WCR 49 for a distance of
approximately 300 feet west or 100 feet with two back to back cattle guards,
adequate turning radius, and stop sign. The depth of the asphalt and base are to
be determined by a geotechnical report that is to be provided with the final
construction drawings that are to be reviewed and accepted by Public Works prior
to the start of construction activities. (Department of Public Works)
2. The remaining on-site gravel surface west of the entrance pavement shall be an
all-weather surface. The all-weather surface shall be recycled asphalt, or
equivalent, and shall provide adequate traffic and dust control throughout the
• facility. The access road section shall be built to accommodate heavy hauling
trucks, fire and emergency response vehicles and accommodate two-way traffic.
(Department of Public Works)
B. Traffic Study:
1. The applicant shall install 60' radius curves at the site access to accommodate
large trucks turning at the site entrance. The 60' radius curves shall be shown on
the final construction drawings that will be reviewed and accepted by Public
Works prior to the start of construction activities. (Department of Public Works)
2. Public Works requires that a left acceleration lane, left deceleration lane and right
deceleration lane to mitigate for:
• Public safety-The 85th percentile is 71 mph on WCR 49 and there have been 5
accidents in the past 3 yrs with 1 injury.
*The heavy trucks in use at this facility will require longer acceleration and
deceleration times and lengths as compared to passenger vehicles.
• For consistency- Similar projects in the County have had the requirement for
acceleration and decelerations lanes. Numerous facilities on WCR 49 with similar
traffic volumes have installed auxiliary lanes including Semcrude, Lonestar, and
High Plains.
• Final construction drawings will be required to be reviewed and accepted by
Public Works prior to the start of construction activities. (Department of Public
Works)
•
Resolution USR-1704
Heartland Renewable Energy, LLC
Page 7
• Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 6, 2010.
Dated the 6th of July, 2010.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
HEARTLAND RENEWABLE ENERGY, LLC
USR-1704
1. A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and
facility (including Class I composting), an animal waste recycling or processing facility(an
anaerobic digester-based renewable energy plant(gas)) along with a concrete batch plant to be
used for construction of the facility in the A(Agricultural) Zone District.
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. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
4. The maximum number of employees employed at the site shall be thirty (30). (Department of
Planning Services)
5. The hours of operation will be 24 hours a day 7 days a week. Hauling will occur primarily during
daylight hours. (Department of Planning Services)
6. The property owner or operator shall comply with the applicable sections of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and be constructed,
operated and monitored as detailed in the application materials and conditions detailed the
Colorado Dept. of Public health and Environment's April 7, 2010 Design & Operations Plan
approval letter. (Department of Public Health & Environment)
• 7. Following construction, HRE shall submit to the Division and Weld County for review and approval
a construction certification report, which includes construction record drawings, deviations from
the approved plan, and results of all testing and documentation requirements set forth in the
CQA/QC Plan. The construction certification report shall be submitted at least sixty(60) days
prior to acceptance of feedstock. (Department of Public Health & Environment)
8. Volume records shall be maintained, which include waste material received, wastes processed,
solid waste shipped for disposal, material shipped for sale or disposal, and the amounts of biogas
produced or flared including tail gas destructed. An annual report shall be submitted to the Weld
County Department of Public Health & Environment and the Colorado Department of Public
Health and Environment (CDPHE) Hazardous Materials and Waste Management Division by May
first of each year. (Department of Public Health & Environment)
9. The facility shall receive and process only those materials that are described in the approved
Design & Operations Plan. Currently Type 1 and Type 2 feedstock are approved for acceptance.
The Weld County Dept. of Planning Services, Weld County Dept. of Public Health & Environment,
and the Colorado Dept. of Public Health & Environment shall be notified in writing of any additional
materials proposed for processing. Written approval to proceed with processing shall be obtained
prior to acceptance. (Department of Public Health & Environment)
10. The property owner or facility operator shall notify the Weld County Department of Public Health &
Environment, Department of Planning Services and the Colorado Department of Public Health
and Environment in the event of any deviations from or proposed changes to the facilities Design
& Operations Plan. (Department of Public Health & Environment)
11. The Colorado Department of Public Health & Environment, Weld County Department of Public
. Health & Environment and the public shall be provided with notification in the event of temporary
or permanent closure. Upon closure, the facility shall follow the closure plan portion of their
approved Design & Operations Plan. (Department of Public Health & Environment)
Resolution USR-1704
Heartland Renewable Energy, LLC
Page 9
• 12. The Solids Dewatering Building (structure number 50 from D&O Plan) shall be used as the "soil
amendment delivery building"during the initial 90 days of production. The facility intends to apply
for a waiver from the requirement to construct a low permeability work pad. If the waiver request
is denied, then Heartland Renewable Energy (HRE) shall continue to use the Solids Dewatering
Building for storage of soil amendment, or HRE shall construct low permeability work pads in the
areas designated on the plans as"soil amendment storage." Should low permeability work pads
become necessary, the design details, and any necessary revisions to the CQA/QC Plan must be
submitted to the Division and Weld County for review and approval prior to construction of any low
permeability work pads. (Department of Public Health & Environment)
13. No permanent disposal of wastes shall be permitted at this site. Any liquid waste, solid waste,
and agricultural wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health & Environment)
14. The facility shall comply with their approved groundwater monitoring plan. Changes in approved
feedstock may require revisions to the groundwater testing requirements and constituents
analyzed. (Department of Public Health & Environment)
15. The facility shall be constructed, maintained, and operated to ensure that contamination of soil
and groundwater does not occur. (Department of Public Health & Environment)
16. All below ground structures shall be double lined and equipped with a leak detection system.
Records of leak detection systems operation, maintenance, and observations shall be kept and
made available upon request. (Department of Public Health & Environment)
17. Above ground waste receiving, storage, and processing tanks shall have secondary containment.
.
The volume retained by the secondary containment shall be at least 110% of the volume of the
largest tank inside the containment. (Department of Public Health & Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
comply with their approved particulate emissions control plan. (Department of Public Health &
Environment)
19. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations
and comply with any permits issued by the Air Pollution Control Division. (Department of Public
Health & Environment)
20. Exhaust removal systems shall be installed when necessary for enclosed areas and dust
producing processes and equipment. Visible stack emissions from exhaust removal, material
processing, and any combustion source shall not exceed 20% opacity (measured in accordance
with EPA Reference Method 9). There shall be no visible emissions from any building openings
(measured in accordance with EPA Reference Method 22). (Department of Public Health &
Environment)
21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor
detected off site shall not exceed the level of seven-to-one (7:1) dilution threshold. (Department of
Public Health & Environment)
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health & Environment)
23. An individual sewage disposal system (I.S.D.S.) is required to dispose of sewage from the facility.
Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance
• with Weld County Code pertaining to I.S.D.S. No process wastewater may be disposed of in this
system. (Department of Public Health & Environment)
Resolution USR-1704
Heartland Renewable Energy, LLC
Page 10
• 24. Process wastewater(such as floor drain wastes) and laboratory wastewater shall not be disposed
of through the facilities I.S.D.S. These wastes shall be collected and disposed of in accordance
with the Colorado Water Quality Division and U.S. Environmental Protection Agency regulations.
(Department of Public Health & Environment)
25. The facility shall comply with the Colorado Dept. of Labor and Employment Division of Oil and
Public Safety's Storage Tank Regulations (7 CCR 1101-14). Secondary containment shall also
be required for any container holding fuel or oil with a volume greater than 50 gallons. The
volume retained by the secondary containment shall be at least 110% of the volume of the largest
tank inside the containment. Alternative protective measures may be allowed for regulated tanks,
provided they comply with the storage tank regulations. A copy of any Spill Prevention, Control
and Countermeasure Plans shall be provided to the Weld County Department of Public Health
and Environment. (Department of Public Health & Environment)
26. There shall be no discharge of process wastewater or collected stormwater off property, except
those discharges allowed by the Colorado Dept. of Public Health & Environment's Water Quality
Control Division and/or a Colorado Discharge Permit System (CDPS) discharge permit.
(Department of Public Health & Environment)
27. The applicant shall obtain stormwater discharge permit coverage for construction activities from
the CDPHE Water Quality Control Division. (Department of Public Health & Environment)
28. The facility shall be operated and maintained in a manner to prevent nuisance conditions from the
attraction, breeding and emergence of birds, rodents, insects and other vectors. Additional
control measures shall be implemented at the request of the Weld County Department of Public
Health & Environment(Department of Public Health & Environment)
• 29. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
30. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health & Environment)
31. This facility shall comply with the health laws, standards, rules, and regulations of the CDPHE's
Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air
Pollution Control Division. The facility shall also comply with all local laws, ordinances, and
Certificate of Designation conditions. (Department of Public Health & Environment)
32. Buildings 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: 2006 International Building
Code; 2006 International Residential Code; 2006 International Mechanical Code; 2006
International Plumbing Code; 2006 International Fuel Gas and Energy Code; and the 2008
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
33. A plan review is required for each building or structure for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Include a Code Analysis Data
sheet for the Weld County Building Department for each structure that requires a permit.
Submittal plans shall include a floor plan showing the specific uses of each area for the building.
Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of
. Building Inspection)
Resolution USR-1704
Heartland Renewable Energy, LLC
Page 11
• 34. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior
to issue of building permits. (Department of Building Inspection)
35. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
36. Sources of light shall be shielded so that light rays will not shine directly onto Adjacent properties
where such would cause a nuisance or interfere with the Use on the Adjacent properties; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on Public or private Streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
37. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
38. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee.
(Ordinance 2005-8 Section 5-8-40)
39. 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)
40. 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)
• 41. 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)
42. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department
of Planning Services)
43. The 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)
44. 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)
•
7 —lc — €.O/u
• hours of operation should be restricted to daylight hours.
Lauren Light, Environmental Health, commented that permanent water and sewer are not required as there
will be no employees on site. Dust control will be provided by watering or applying a dust suppressant. The
applicant is required to submit evidence of an Air Emissions Permit 45 days after production starts.
Ms. Light pointed out that Development Standards#10 and#27 are duplicated;therefore one may be deleted.
Robert Grand moved to delete Development Standard #10, seconded by Mark Lawley. Motion carried.
Don Carroll, Public Works, commented that the access will be off of County Road 28 which is a collector
roadway with 80 feet of right-of-way at full build-out; presently there is 60 feet. Weld County does perform
maintenance on this road. The applicant is proposing two accesses to the drilling sites. Vehicle tracking pads
are requested on both accesses onto County Road 28. A Stormwater Management Plan has been submitted
by the applicant and is adequate.
Kim Cooke, Kerr McGee Oil and Gas Onshore, LP, 1099 18th St, Denver CO, commented that they are
proposing the drilling of nine (9) oil and gas wells from two locations. One pad will consist of a 6-well pad.
The other pad will consist of a 3-well pad.
Ms. Cooke indicated that they have reviewed the comments from the referral agencies. In reference to the
Town of Mead's comments for access, as Public Works mentioned, the access that they are currently
proposing is on a Weld County Road;therefore they have routed the drilling access to come in from the north
off of County Road 13 and go west on County Road 28 versus coming off of 1-25 and going through Mead's
section of County Road 28.
There is a Surface Use Agreement with Carma Bayshore in the form of a Memorandum of Understanding.
• In response to Commissioner Holton's question regarding hours of operation, Ms. Cooke indicated that they
are proposing to drill these wells in September;therefore they will be in and out well before the construction of
residences in this area starts. Mr. Holton said that he is not very concerned right now as there are no
residences and understands that during the drilling it is a 24 hour operation. However after the residences are
built he would like to have the hours of operation restricted to daylight hours only. Ms. Cooke agreed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to add a Development Standard #32 to read "Hours of operation will be restricted to
daylight hours only, after the completion of the wells", seconded by Erich Ehrlich. Motion carried
The Chair asked the applicant if they 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.
Mark Lawley moved that Case USR-1739 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder,yes;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:38 p.m. and reconvened the meeting at 2:46 p.m.
The Chair read the following case into record.
• CASE NUMBER: USR-1704
APPLICANT: Heartland Renewable Energy, LLC
PLANNER: Chris Gathman .
• REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a solid
waste disposal site and facility(including Class I composting, an animal waste
recycling or processing facility(an anaerobic digester-based renewable energy
plant-gas) along with a concrete batch plant to be used for construction of the
facility in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part SE4 of Section 25,T4N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: A mile south of CR 42 and 1/2 mile east of CR 47
Chris Gathman, Planning Services, commented that the original description mentioned the location from
County Road 47; it is also 1/2 mile south of County Road 42 and 'A mile west of County Road 49. This facility is
proposed to encompass a portion of a parcel presently owned by Shelton Land and Cattle. The access is
proposed to be directly off of County Road 49 and will run approximately '/ mile to the west before entering
the improved area of the proposed facility.
The Department of Planning Services has added a condition of approval requiring the applicant to incorporate
the road and, at a minimum, lands to the south of the road into the boundaries of the USR and also to
incorporate the boundaries of the USR under a single deed.
The proposed facility is located on an existing parcel with six(6)existing gas wells and two(2)tank batteries.
The site is located in a rural area consisting of dryland parcels, rural residential parcels and irrigated
agricultural land to the west of the site. The two nearest residences are located approximately '/ mile to the
west and approximately 1/3 mile to the east of the site. The applicant is proposing to place the facility in the
interior of the existing parcel to allow additional distance from these properties. Proposed conditions of
approval and development standards include a Lighting Plan and Screening Plan to mitigate the impacts of the
use to ensure compatibility with surrounding land uses in the area.
Fourteen referrals were sent out for review and nine referrals were received with comments. One phone call
was received from a surrounding property owner in regard to this case concerning site distance at the
• entrance to County Road 49 due to the topography in the area. Additionally, there were some questions
regarding odor, management, and lighting.
This facility does require a Certificate of Designation through the State of Colorado. As part of this review it
was reviewed by the State of Colorado Department of Public Health and Environment and they did submit a
final agency action letter with conditions dated April 7, 2010.
The application indicates that the facility will operate 24 hours a day; however the majority of the hauling would
occur during daytime hours. A condition of approval is attached which reflects this.
Additionally,there is a condition of approval in regard to a Surface Use Agreement with mineral interests. The
applicant has been meeting with the mineral interests (Noble Energy, Anadarko, and Kerr-McGee) and Mr.
Gathman indicated that he understands that there may be some proposed language for a condition in regard
to a Surface Use Agreement. Presently under Condition of Approval 1.H, there is a standard condition which
includes language that the applicant shall submit a copy of the agreement with the property's mineral
owner/operator stipulating that oil and gas activities have been adequately incorporated into the design of this
site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operator.
Commissioner Berryman asked Mr. Gathman what he envisions for screening because of the elevation
difference from County Road 49. Mr. Gathman said screening may or may not be necessary from County
Road 49 but there are properties to the west that may need screening. He added that staff will work with the
applicants.
Troy Swain, Environmental Health, commented that they reviewed the design and operations plan along with
the application materials. Prior to recording the plat conditions have been included along with development
standards which incorporate the State Department of Health conditions. Mr. Swain stated that they would like
• to amend Development Standard 17 by deleting the word"impermeable"from the first sentence because a
low impermeability design for the secondary containment has been submitted and approved in the Design and
Operation Plan.
7
• Mark Lawley moved to delete "impermeable" in Development Standard 17 as recommended by staff,
seconded by Jason Maxey. Motion carried.
Don Carroll, Public Works, commented that the access will be off of County Road 49 which is an arterial
roadway with a future right-of-way of 140 feet; presently there is 80 feet. A Traffic Study was supplied by the
applicant. A Drainage Report has been submitted as well and has been amended. The applicant has
requested a variance to install a retention pond that will meet the Colorado Department of Public Health and
Environment requirements for a composting facility.
Mr.Carroll commented that they have requested an Improvements Agreement and collateral to be posted for
improvements associated with the facility under"Prior to recording the plat" conditions. In addition, they are
asking for collateral to be posted for any improvements entering onto County Road 49. A Final Drainage
Report is required prior to recording the plat. Prior to construction a grading permit is requested. A tracking
pad combination is requested prior to commencement of operation. Lastly,final construction drawings for off-
site and onsite is required.
Janet Carter, Public Works, commented that County Road 49 is an arterial roadway. In August 2009 the
traffic count was 3,979 ADT. The traffic count on County Road 40 in August 2008 was 146 ADT. The
applicant has indicated that their site will produce 205 trips per day. The applicant has been requested to
install 60 foot radius curves at the access to accommodate truck traffic. There is a requirement to make a left
acceleration and deceleration lanes for the site access to account for public safety. The 85th percentile for
County Road 49 was 71 mph and there have been five (5) accidents in the last three(3) years; one with an
injury accident and four(4) property damage only accidents. This area is where heavy truck traffic will occur
and with trucks they take a longer time to accelerate and decelerate. Public Works is requiring that final
construction drawings be submitted by the applicant and reviewed and approved by Public Works prior to
construction activities. In addition, Public Works is requesting that in the Improvements Agreement collateral
• be placed to allow for improvements of a right acceleration and deceleration lane when those reach the
warrants of the right deceleration of 25 vehicles per hour during the peak hour and 50 vehicles per hour in the
peak hour for acceleration.
Commissioner Holton wished to clarify if this is a right in/right out facility only. Ms.Carter replied no and added
that this is open degree and can turn left or right.
Commissioner Grand expressed concern on the traffic on County Road 49 and stated that he feels both sets
of accel/decel lanes should be required now. Ms. Carter stated that at this time the warrants do not meet the
criteria for both accel/decel lanes; however the Planning Commission and Board of County Commissioners
have the option of requiring the right accel/decel in addition to the left accel/decel lanes.
Tom Haren, AGPROfessionals, 4350 Hwy 66, Longmont CO, commented that the request is to operate an
anaerobic digester based renewable energy plant. The primary purpose of this plant is to produce pipeline
grade natural gas from cattle manure and other organic waste streams. In addition, the request is for a
temporary concrete batch plant to be used primarily to minimize traffic and nuisance conditions and increase
efficiencies during construction.
The visual appearance will be similar to ag bags for silage. This plant uses anaerobic digestion technology
converting organic wastes, primarily cattle manure, food waste, livestock processing waste, and packing plant
waste into a methane rich gas that will be scrubbed and injected into an interstate natural gas pipeline. The
organic material is placed in an air-tight vessel where naturally occurring microbes digest and decompose the
material and create methane and carbon dioxide,which is then captured and processed. Anaerobic digestion
is the most common method of treating sanitary waste as seen in most municipal wastewater plants. In
addition to generating the gas, high grade compost material will be produced. The solids that will come out of
this are very similar to the animal manures that they compost through static or aerated pile windrowing. It
looks like potting soil and will be used for golf courses, landscaping, agriculture, etc. Mr. Haren said that they
• will be capturing the carbon dioxide,which is a major greenhouse gas, and will be using that in medical fields,
welding, refrigeration, and those types of industries. Cattle manure, food waste, and organic waste will be
used for feed stocks for the digester facility so that it will help preclude release of any of those pollutants to the
8
• environment.
Mr. Haren commented that they believe this proposal is consistent with the Weld County Comprehensive Plan
and supports agricultural activities by offering farm related services that are not currently available. It is
directly related and dependent upon agriculture through the procurement, conversion and redistribution of
organic waste material to a renewable energy source.
They believe this plan is compatible with future development as permitted by the existing zone and projected
by the Weld County Comprehensive Plan. This type of facility is heavily regulated through the Solid Waste
Division of the Colorado Department of Public Health and Environment.
There is proposed to be 24 digesters at full build-out. The size of the one of the digesters would be compared
to the size of an Olympic sized swimming pool with a cover over the top.
Site selection was critical on this project because they needed to be near a large metropolitan area for cattle
manure,transportation, and adjacent to a gas pipeline. The pipeline runs along the east boundary of the site.
They also looked for places that had little to no groundwater or deep groundwater, proper soil types, prevailing
winds and a site that would fit into the topography to where some of the adjoining homes in the area will not be
able to see the site.
Mr. Haren said that they are visually inspecting the material and know the sources of where this material is
coming from. He expressed that this will not be a dump or landfill which is open to the public. He added that
every load that comes to the facility is an entity that Heartland has contracts with to bring material to the site.
Mr. Haren said that the traffic studies provided by them as well as Weld County both said that just in pure
mathematical reasons, the improvements are not needed. He stated that they have talked with staff and
believe that they have a plan regarding turn lanes, acceleration/deceleration lanes, collateral and road
• improvements agreements that have an eye towards safety even though the traffic studies did not warrant it.
Operations will occur primarily during the day; however the facility is operated with 3 shifts 24 hours a day.
Since all the material coming to the site is under contract with Heartland they can schedule the times of trucks
coming to the facility. He offered for consideration that they have substantial control over the scheduling of
vehicles coming to the facility; therefore they could avoid traveling during the peak hour of the day.
Commissioner Grand asked how absolute the control on scheduling the vehicles is. Mr. Haren said that they
have significant control over scheduling the traffic accessing the site. Mr. Grand recommended that we
provide a delivery plan that excludes traffic at peak hours. Ms. Carter said that it would be great if they could
control the times that their trucks are coming in; however the actual volumes that when is the peak hour on
roadways is variable. One year it could be at 7 am and an operation like this could open up and that would
fluctuate what the peak hour is by their facility or any other facility that would come along there. Therefore,
although it would be really nice to have that control over their traffic it won't contribute to the overall safety on
that roadway because it is all of the other traffic that is contributing. During the peak hour it is only about 20%
of the traffic so you are still accounting for the other 80% of the traffic that is distributed. Mr. Grand asked if
there is a mechanism that can be developed. Ms. Carter said that she doesn't believe that by controlling their
in or out traffic it is going to account for the safety that would be equivalent to them installing turning lanes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Barry Myhr, Noble Energy, 1625 Broadway, Ste, 200, Denver CO, commented that he is here on behalf of
Noble Energy to point out the operations on the site and also express the concerns that Noble Energy has in
relationship to the existing operations on the ground. Currently in the southeast quarter, Noble Energy
operates six (6)well locations and two (2) production facilities.
The major concerns associated with those existing operations have to do with existing flow lines where the
applicant has presumed relocation of flow lines for these improvements to go in. Other concerns are if the
• traffic control plan does go through to the extent that it widens the road, there would be concerns on Noble
Energy's behalf for the facility located on the east side of the property as to how far it is set back from those
turn lanes. He noted that the State Oil and Gas Commission provide that they need to be at least 75 feet off of
9
• the right-of-way. Other concerns relate to the center well location. Being located in the center of the
southeast quarter there is an existing road that did not show up on the application that would require
realignment. Without that realignment it actually crosses a fence boundary three times where it would be very
impractical to place three separate gates through that fence. Other improvements within the oil and gas
operations areas not meeting the safety setback provided by the Colorado Oil and Gas Commission of 150
feet. These are the physical setbacks that Noble needs in order to reasonably operate these wells which
amount to the 200 foot setback. He appreciated that the applicant has made attempts to place that 200 foot
setback around these wells; however any improvements within those areas that may preclude them to
reasonably operate such as fencing, fire lanes, paved lanes or changes in grading that would not allow a level
surface they would want to at least codify some of these things within an agreement with the applicant.
Therefore Mr. Myhr requested an amendment to the land use application under Condition of Approval 1.H to
read"The applicant shall either submit a copy of an agreement with the oil and gas companies that oil and gas
activities have been adequately incorporated into the design of the site prior to the recording of a final plat.
The plat shall be amended to include any possible future drilling sites." Mr. Myhr commented that in
discussions with the applicant they have indicated that they are agreeable to that.
Commissioner Holton clarified if they have been having discussions with the applicant. Mr.Myhr said that they
recently have been talking with the applicant. An objection letter was filed on June 22,2010 by Noble Energy
in relationship to this application. He added that there have been a couple of discussions more recently.
When the applicant was in the preliminary stages of the design there were some discussions but detailed
discussions have not gone forward beyond the timeline of just in the last week.
Mr. Holton asked Mr. Myhr when they were notified of the detailed plans. Mr. Myhr said that they originally had
been notified a couple of years ago as to the plans, had a meeting with the applicant and discussed generally
some of the concerns and tried to make several contacts after that but had not been able to do that. He
understands that applicants have a lot of hoops to jump through but they are a very important part of the
checklist, considering that they do have real property rights here that do need to be accommodated.
• Mr. Holton commented that he would be unwilling to make the amendment because this is language that has
been used for a lot of years. Mr. Myhr commented that some of the problems that oil and gas has especially
with language like that is that there is an assumption that the applicant knows their business and that they
know the applicant's business and what is adequate could be problematic to the extent that their real property
rights are damaged after the fact. In this instance they are saying that if there is an agreement there,
especially with some of these existing uses, it is going to allow the applicant to work with them for relocation of
those flow lines. Mr. Myhr strongly urged the Planning Commission to reconsider the amendment to the
condition of approval.
Terry Enright, Kerry McGee Oil and Gas Onshore, LP, 1099 18th St, Denver CO, commented that they
normally prefer not to come at this point before the Planning Commission to discuss these types of things
because they fairly aggressively try to get repeatedly information from the applicant and their representative.
He indicated that they were continually not given that information. He expressed that they understand the
importance of this getting done and the importance of the Planning Commission's time,and the importance of
things being done in a right and fashionable way. He believes that they have reached an agreement with the
applicant and believes that it is something that can be resolved very quickly.
Molly Buchanan, 1580 Lincoln St, Ste 700, Denver CO, is an attorney representing Anadarko EMP Company
LP, Anadarko Land Corp and Kerr McGee. An objection letter was submitted dated May 10, 2010 and have
asked that it be a part of the record. Anadarko EMP and Anadarko Land Corp. own the minerals that underlie
the southeast quarter of Section 25. Anadarko EMP has granted oil and gas leases for the property,interests
which are now owned by Kerr McGee and Noble Energy. As Mr. Myhr indicated there are existing production
facilities and access roads that are impacted by the site plan as it is proposed and as it has been presented to
the Planning Commission. In addition, Kerr McGee has rights to drill additional wells on the property they own
so they want to make sure that those interests are also adequately addressed. The oil companies have
traditionally worked with surface developers to reach Surface Use Agreements that will provide for the
• compatible development of the oil and gas and they have been trying to do that with respect to this applicant.
They did have meetings in September 2009 and have been trying to get the applicant's attention so that they
can continue to have those discussions in anticipation of this hearing. Last week they had a conference call
10
• and as part of that conference call the parties agreed that they would enter into an agreement which would be
for a Surface Use Agreement among Noble Energy, Anadarko, Kerr McGee and Heartland and that
agreement would be entered into prior to recording a plat for the property. She added that they would stipulate
to that on the record and ask that you include that condition. She indicated that it is similar to what Mr. Myhr
had identified and she has also run it by Mr. Haren and he has agreed to that; however it seems to her that the
current language is great as far as a default position. She read the proposed considered language into record
"As stipulated by the parties, the applicant shall submit a copy of an agreement with Anadarko, Kerr McGee,
and Noble Energy that oil and gas activities have been adequately incorporated into the design of the site prior
to the recording of a final plat. The plat may need to be amended to include any possible future drilling sites."
Bruce Barker, County Attorney, stated that it is good language as long as the applicant is agreeable to it.
Janet Timko,24868 CR 40, commented that she lives .8 of a mile from the proposed facility. She stated that
she is very concerned with the traffic on that road. She believed that the main entrance was going to be at
County Road 40 and felt that the accel/decel lanes would have been okay but she now understands that it is
going between two other major roads. She stated that there is no site distance on County Road 49. She is
very concerned with the smell from this place as well as bugs.
The Chair closed the public portion of the hearing.
Mr. Haren commented that the smell and standing water in the ponds, because of the pH and salt, are not
conducive to mosquito breeding and they are required to have an odor mitigation plan along with all of the air
permits. They have designed very little storage on site so you won't have the odor and smell. He commented
that when they were designing this site, they went around to the surrounding neighbors and tried to meet with
them as well as sent out letters beyond the 500 foot requirement
Mr. Haren said that they called and initiated the first meeting with the oil and gas interests on May 28, 2009.
• He added that the communications stopped when the request was to include oil and gas agreements on
property outside of the USR. He stated that they are in agreement with the language that Ms. Buchanan
proposed. He added that he believes that they are close to a reasonable agreement.
Mr. Haren said that they would like to request 180 days for recording the plat because of the additional
provisions for permits and approvals are considerable.
Robert Grand moved to amend Condition of Approval 2 to allow submittal of the plat 180 days from the Board
of County Commissioners resolution, seconded by Alexander Zauder. Motion carried.
Commissioner Holton asked Mr. Haren if he is in agreement with Ms. Buchanan's language. Mr. Haren
replied yes.
Robert Grand moved to amend Condition of Approval 1.H to read "As stipulated by the parties, the applicant
shall submit a copy of an agreement with Anadarko, Kerr McGee, and Noble Energy that oil and gas activities
have been adequately incorporated into the design of the site prior to the recording of a final plat. The plat
may need to be amended to include any possible future drilling sites", seconded by Roy Spitzer. Motion
carried.
Ms. Carter said that these warrants are based off of AASHTO which is a national standard where thousands of
studies have been done to determine why these warrants are viable. When Public Works makes these
recommendations it is based off of those documents that are general engineering practices and unless the
applicant presents something that is measureable and repeatable or that is verified by using engineering
judgments it is very difficult for Public Works to make recommendations that diverge from the established
standards. She added that if we create our own procedure for coming up with necessary improvements,
which will not necessarily take into account the methodology developed by AASHTO, the method is not
defensible. We become vulnerable in a sense that they can't defend why we chose to do one thing over
• another. It makes it inconsistent with the way that we currently practice; therefore although they would love to
work with the applicant on this type of method she would prefer to work with them on something that is a
sound engineering judgment that will provide for safety measures versus coming up with a method on the fly
11
that may not prove to be very safe and can open them to further troubles in the future by being inconsistent.
•
Commissioner Grand asked Mr. Barker if we have a liability issue in our attempt to mitigate the exposure
given what Ms. Carter just said. Mr. Barker replied no however, our responsibility to the public is to use
standards that balance the need for improvements with a justifiable nexus to the applicant's proposed use.
The AASHTO methodology does that. Mr. Barker added that anytime you exact something as part of a land
use application whether it is traffic or health standards you have to make certain that you are taking what is
considered to be the nexus. If you are exacting something which is beyond the nexus and the nexus is that
measure be done appropriately to deal with the situation at hand then you are subjecting the County to a risk
of a taking by the applicant. The AASHTO standards provide a national standard that everyone can use,
these methodology procedures and standards are typical and it provides you the nexus so that you can then
defend against someone say that is a taking because in essence you have used the standards and the
standard methodology that has been provided tried tested throughout. He understands the concerns of
people using the roadway and creating traffic problems but what we have to balance is being fair to the
applicant and fair to the public and the AASHTO standards do that. Mr.Grand said that County Road 49 is not
a national standard and added that we should work with the applicant to mitigate the traffic risks.
Mr. Grand suggested adding a condition that says the applicant and staff will coordinate to minimize the
impact of additional traffic entering and exiting County Road 49. Ms.Carter recommended adding a Condition
of Approval 1.D.3 to read "The applicant and Public Works staff will work together to establish safe
engineering practices, where applicable."
Robert Grand moved to add Condition of Approval 1.D.3 as recommended by Staff, seconded by Erich
Ehrlich. Motion carried.
Commissioner Maxey wished to discuss the acceleration lanes. He commented that County Road 40 is pretty
close to the crest of a hill and he can envision trucks that are going to be turning into the facility coming
• southbound using the shoulder as their decel lane. He asked for any thoughts. The Planning Commission
members agreed.
Jason Maxey moved to amend Condition of Approval 1.D.2 to read "Public Works will require a right
acceleration lane be constructed on WCR 49 when traffic volumes meet the triggers of 50vph during right
out of the facility during the peak hour. This requirement will be included in the Improvements Agreement.
Prior to the start of construction of the auxiliary lanes, final construction drawings will be required to be
reviewed and accepted by Public Works." In addition, Mr. Maxey moved to amend Condition of Approval
6.B.2 to state "Public Works requires a left acceleration lane, left deceleration lane and right deceleration
lane to mitigate for " The motion was seconded by Robert Grand. Motion carried.
The Chair asked the applicant if they 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.
Robert Grand moved that Case USR-1704, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes with comment. Motion carried unanimously.
Commissioner Holton commented that he would rather have not deleted the right deceleration lane from the
Improvements Agreement instead of adding it to the project in the beginning.
The Chair called a recess at 4:37 p.m. and reconvened at 4:48 p.m.
• The Chair read the next case into record.
12
Hello