HomeMy WebLinkAbout20092451.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer. 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: AMUSR-1232
APPLICAN1. Anderson South Farm LLC
PLANNER. Kim Ogle
REQUEST. A Site Specific Development Plan and Use by Special Review Permit for a
Recreational Facility. with uses similar to those seen at guest farms and
fairgrounds, in the A (Agricultural) Zone District.
LEGAL DESCRIPTION. Lot A of RE -281 in Section 32, T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of and adjacent to CR 5 and North of State Highway 52.
be recommended favorably to the Board of County Commissioners for the following reasons:
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:
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 22-2-20.8.3 A.Policy 2.3, states,
"Encourage development of agriculture and agriculturally related businesses and
industries.... Agricultural businesses and industries include those related to ... agri-tainment
or agri-tourism uses." Further, Section 22-2-20.F.4 A.Policy 6.4 states "Encourage agri-
tourism: and Section 22-2-70.A TR Goal 1 states "Recognize the importance of cultural and
heritage tourism and recreation to local, regional and agricultural economies, including events
and sites such as corn mazes, County fairs, farm implement museums, etc. Encourage the
provision of adequate support services and facilities necessary for the continuation and
expansion of these activities, consistent with other goals and policies of the Comprehensive
Plan " (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2008-13) This
application is an amendment to an existing permit approved by the Board of County
Commissioners in 1999. This application seeks to increase the numbers of persons utilizing
this facility on a daily basis for 26 special events throughout the calendar year without
requesting approval by the Board of County Commissioners for each special event. The
applicant seeks to hold six events with a maximum daily visitor population of up to 10,000
persons. 10 events with a maximum daily visitor population of up to 5.000 persons; and 10
events with a maximum daily visitor population of up to 1.200 persons. On all other days of
operations. the facility will be permitted for up to 499 persons as approved under USR-1232.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.C.8 of the Weld County Code provides for a Recreational
Facility with uses similar to those seen at guest farms and fairgrounds as a Use by Special
Review in the A (Agricultural) Zone District.
Section 23-2-220 A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area has large tract agricultural uses and mineral
resource acquisition. Reflection Bay subdivision is 1/2 mile Northwest of the existing facility.
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 facility is within the three mile referral areas for the City of Dacono, City of
Firestone, Town of Erie and Town of Frederick and Boulder County. The City of Dacono in a
referral dated July 29. 2008, the Town of Erie in a referral dated July 30, 2008, and the Town
EXHIBIT
2009-2451
Resolution AmUSR-1232
Anderson South Farm LLC
Page 2
of Frederick in a referral dated July 31, 2008, all reviewed the request and find no conflicts
with their interests. The Town of Firestone and Boulder County did not respond to the
referral request.
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 subject site 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)
Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
G. 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 designated as
"Prime" by the USDA Soil Conservation Service. The proposed use will not remove any
additional agricultural land from production. The agricultural activities on the property are an
important part of the proposed use.
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:
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 AmUSR-1232. (Department of Planning
Services)
The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 3.25 is designated on the Weld County Road Classification Plan as a
local paved road, which requires a 60 -foot right-of-way at full build out. There is
presently sixty feet of right-of-way. A total of 30 feet from the centerline of County
Road 3.25 shall be delineated on the plat. This road is maintained by Weld County.
(Department of Public Works)
5) The screened trash enclosure for the facility. (Department of Planning Services)
6) A graphic key and or symbol serving to identify each component that is located within
the USR Boundary. The key and corresponding component shall be summarized in
tabular format and be clearly delineated on the plat. (Department of Planning
Services)
7) The applicant shall delineate the locations of all Stop signs. (Department of Public
Works)
Resolution ArnUSR-1232
Anderson South Farm LLC
Page 3
8) The applicant shall amend General Note #2, on the submitted draft plat to accurately
delineate the FEMA panel map and map date. The correct panel map is number
080266 0860 C dated September 28, 1982. (Department of Public Works)
9) The applicant shall delineate a parking and circulation layout plan for the overflow
parking component. The plan shall be dimensioned and demonstrate that there is
adequate turning radii, internal circulation and adequate access for emergency
ingress and egress. (Department of Planning Services)
10) The applicant shall identify a minimum of two parking areas for emergency
responders and/or EMT personnel that may be on site during all events greater than
499 persons. Signs designating emergency responder parking shall be posted.
(Department of Planning Services)
11) The overflow (secondary) parking area shall place the single point of ingress and
egress seventy-five feet from the southernmost property line of the Anderson Farm
property. This access shall be gated. (Department of Planning Services and
Department of Public Works
The applicant shall submit evidence that a building permit has been obtained for the
Education Building and Haunted Theme Park, or for the construction of any new structures
.An annual permit will be required for any alterations or additions to the Haunted Theme Park.
(Department of Building Inspection)
C. The applicant shall furnish a Traffic Control Plan for the 26 events which have greater than
499 visitors to the facility on any given day for review and approval by the Departments of
Public Works and Planning Services (Department of Planning Services)
D. The applicant shall submit in writing, evidence that the existing domestic water tap has been
re -permitted for a commercial customer and commercial water tap. Further, the applicant
shall submit written evidence that the concerns raised in the July 31, 2008 referral from the
Left Hand Water District referral have been addressed to their satisfaction. (Left Hand Water
District)
The applicant shah submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment
(WCDPHE). The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). Written evidence of approval from
the Department of environmental Health shall be submitted in writing to the
Department of Planning Services. (Environmental Health)
F. The applicant shall submit a dust abatement plan for review and approval, to the Weld
County Department of Public Health & Environment. Written evidence of approval from the
Department of environmental Health shall be submitted in writing to the Department of
Planning Services. (Department of Public Health and Environment)
G. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated July 8, 2009. Evidence of approval with all conditions
met or mitigated shall be submitted in writing to the Department of Planning Services.
(Department of Building Inspection)
Resolution AmUSR-1232
Anderson South Farm LLC
Page 4
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The applicant shall address the concerns of the Mountain View Fire Protection district as
stated in their referrals dated December 2, 2008, August 5, 2008. Evidence of approval with
ail conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Department of Planning Services)
The applicant shall submit for review by the Department of Planning Services a method of
documentation for the daily visitor numbers to the aMAIZEing Farm Events facility.
(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 ninety (90) 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
Recorded Exemption/Subdivision Exemption/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 dhuerter(a�co.weld co.us (Department
of Planning Services)
4. Prior to commencement of operations:
The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the Amended USR plat; or, the applicant
may submit evidence that all the work has been completed and approved by County staff.
(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 thirty (30) 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 Robert Grand
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Resolution AmUSR-1232
Anderson South Farm I_LC
Page 5
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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 September 1, 2009.
(Dated the 1s` of September, 2009.
4( Y1d/ JNQ. bt v th'vv
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anderson South Farm, LLC
AmUSR-1232
1. The Site Specific Development Plan and an Amended Special Review Permit for a Recreational
Facility with uses similar to those seen at guest farms and fairgrounds A (Agricultural) Zone District,
as indicated in the application materials on file 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,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
6. The applicant shall operate in accordance wit the approved "waste handling plan". (Department of
Public Health and Environment)
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". (Department of Public Health and
Environment)
8. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations, (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10 Permanent hand washing and toilet facilities shall be provided for 200 people per day. (Department
of Public Health and Environment)
11. The facility shall utilize portable toilets and hand washing units to temporarily supplement the sanitary
facilities for the 26 temporary events per year. (Department of Public Health and Environment)
12. The "Sewage Disposal and Portable Toilet Plan", dated June 30, 2009, shall be adhered to, at all
times. (Department of Public Health and Environment)
13. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
14. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of
Public Health and Environment)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
Resolution AmUSR-1232
Anderson South Farm LLC
Page 7
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16. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
17. If applicable, the applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. No parking or staging of vehicles on the county road is allowed. Use on -site parking area.
(Department of Public Works)
20. The Applicant shall continue follow Traffic Control Plans that conform to the Manual on Uniform
Traffic Control Devices (MUTCD) for all events held at this facility. All Traffic Control Plans at a
minimum must contain flagger control, temporary traffic control signing and cones.
21. Ingress and egress to the facility shall be from the existing access along Weld County Road 3 1/4.
(Department of Planning Services)
22. Prior to the sale of any alcoholic beverages applicant shall apply for and receive all appropriate State
licenses. (Department of Planning Services)
23. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
24. A plan review is required for each building 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 provided by
the Weld County Building Department with each Building permits submittal plans shall include a floor
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
25. 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 Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code: 2006 International Energy Conservation Code and the 2008 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
26. Building permits will be required for the haunted theme area and the educational building if they
will be utilized under this amended Use by Special Review Permit. (Department of Building
Inspection)
27. The Education Building is permitted to utilize more than one cargo container in the construction of this
structure. per Section 23-3-40.AA. (Department of Planning Services)
28. All building plans shall be submitted to Mountain View Fire District Fire District for review and approval
prior to issue of building permits. (Department of Building Inspection)
29. The facility is restricted to six events with a maximum daily visitor population of up to 10,000 persons;
10 events with a maximum daily visitor population of up to 5,000 persons; and 10 events with a
maximum daily visitor population of up to 1,,200 persons per day. On all other days of operations, the
facility will be permitted for up to 499 participants at any one time as approved under USR-1232.
(Department of Planning Services)
Resolution AmUSR-1232
Anderson South Farm L.l_C
Page 8
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30. The existing tail water ditch downstream of the overflow parking lot area shall be used as a water
quality feature. It shall be maintained using the Best Management Practices. Should sediment from
this water quality feature enter into the Boulder Creek waterway additional measure will be required as
determined by the Weld County Public Works Department. (Department of Public Works)
31. A right turn deceleration lane is warranted for the project site access based on the turning movement
figures in the traffic study. Weld County Public Works is not requiring the construction of the right turn
deceleration lane; however, if the number of events or volumes increase beyond the submitted
information within the traffic study, the construction of a right turn deceleration lane will be required at
the cost of the applicant. (Department of Public Works)
32. The overflow (secondary) parking area shall place the single point of ingress and egress seventy-five
feet from the southernmost property line of the Anderson Farm property. This access shall be gated,
unless the maximum daily visitor population exceeds 1200 persons. (Department of Planning
Services and Department of Public Works)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34 The property owner or operator shall be responsible for complying with the Operation Standards of
Section 232-250, Weld County Code.
35 Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
36 The Speciai Review area shall be limited to the plans shown here on 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.
37 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 cf the Permit by the Board of County Commissioner:.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, September 1, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 101h Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton - Chair
Mark Lawley- Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Robert Grand moved to approve the August 4, 2009 Weld County Planning Commission minutes, seconded
by Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1703
APPLICANT: Douglas & Deborah Duggan do Petro Canada Resources
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and
Services (compressor station) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the NW4 of Section 4, T10N, R61 W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to CR 122 and approximately 1/4 mile east of CR 89.
Kim Ogle, Planning Services, stated that the applicant wishes to keep this item on the consent agenda.
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 Planning Commissioners if they wish to hear this case. No one wished to speak.
The Chair read the following case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
AMUSR-1232
Anderson South Farm LLC
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a
Recreational Facility, with uses similar to those seen at guest farms and
fairgrounds, in the A (Agricultural) Zone District.
Lot A of RE -281 in Section 32, T2N, R68W of the 6th P.M., Weld County,
Colorado.
West of and adjacent to CR 5 and North of State Highway 52.
Kim Ogle, Planning Services, commented that the applicant and their representative, Todd Hodges, wish
for this case to remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
r�--, /`/-ill/
EXHIBIT
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The Chair asked the Planning Commissioners if they wish to hear this case. No one wished to speak.
Roy Spitzer moved that the Consent Agenda including USR-1703 and AmUSR-1232, be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commission's recommendation of approval, seconded by Robert Grand. Motion carried
unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1706
APPLICANT: Xcel Energy
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of Public Utility or Public Agency (16 -inch natural gas pipeline) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Preferred Route Crosses Section 7, 8, 9, 10, 11 and 12, T4N, R68W and
Sections 1, 2, 3, 4, 5, 6 and 7, T4N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: Pipeline runs from CR 1 east to the CR 25 section line.
Chris Gathman, Planning Services, commented that Public Service Company of Colorado, an XCEL Energy
Company has applied for a Site Specific Development Plan and a Special Review Permit for a Major Facility of
a Public Utility (16 -inch natural gas pipeline) in the A (Agricultural) Zone District.
The applicant published a public notice including a map of the proposed pipeline in the Windsor Beacon
as required by the Weld County Code.
The Department of Planning Services also posted notice signs approximately where the pipeline would
cross county roads within Weld County (no sign was posted on County Road 7 due to a road closure).
The applicant indicated that they had held two public workshops on April 81h and May 13'" of this year
regarding the proposed pipeline project. The applicant also indicated that they had notified surrounding
property owners adjacent to the preferred pipeline route of these workshops for the April 81h hearing.
Property owners within 500 -feet of all three proposed routes were notified of the May 131h hearing.
The proposed pipeline will be located in both Larimer and Weld Counties. The pipeline is proposed to run
from County Road 1 on the west -end to the County Road 25 section line on the east end (a distance of
approximately 12 miles). Substantial portions of the pipeline will be located within the incorporated limits of
the Towns of Johnstown and Milliken. The applicant has stated that there will be a regulator station site off
of County Road 17. The site will be a fenced 50 by 50 -foot area and will contain a small pre -fabricated
building on -site. If necessary, electricity may be supplied by the existing infrastructure. Other
aboveground facilities in the county include two valve sites and a control valve site. The proposed control
station and proposed odorization facility will be located within Larimer County and the Town of Milliken
respectively.
The applicant reviewed three potential pipeline location alternatives and ranked the alternatives based on
engineering (length of pipeline, adjacency to existing utility corridors), natural environment (slope,
water/floodplain/wetland crossings, length and/or proximity to Bald Eagle Habitat) and Human
Environment (number of parcels crossed by pipeline, length of pipeline crossing agricultural lands, number
of road/highway crossings). The applicant chose the preferred route "A" because it had the shortest
length, least number of surface water crossings, shortest length of the route within the 100 -year floodplain,
fewest number of individual parcels impacted, and crossed the least amount of agricultural land,
minimizing crop damages and lost crop production.
The Towns of Johnstown and Milliken responded and stated that they had no conflict with their interests.
Nineteen referral agencies reviewed this case; five referral agencies (Public Works, Environmental Health,
Building Inspection, Town of Milliken, Town of Johnstown) responded favorably or included conditions that
have been addressed through development standards and conditions of approval. Fourteen referral
agencies did not respond.
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