HomeMy WebLinkAbout20081274.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
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: 2ndAMUSR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: NE4 of the SE4 and E2 of the NE4 of Section 30, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a 98,000
square foot milk processing plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR
13.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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.
Sec. 22-2-60.AGoal1.Policy 1.3. Allow commercial and industrial uses, which are directly
related to, or dependent upon agriculture, to locate within the A(Agricultural)Zone District
when the impact to surrounding properties is minimal, and where adequate services and
infrastructure are currently available or reasonably obtainable.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a 98,000 square foot milk processing
• plant 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 surrounding properties are all zoned agricultural. The majority of
USRs in the area are for gravel mining operations although there are others including a
kennel, electric power lines, and sanitation facilities.
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.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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)
F. 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.
• LJ
XHIBIT
mUSt2.#14 2008-1274
Resolution 2AMUSR-1405
Aurora Dairy Corporation
Page 2
• The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commission hearing:
A. The applicant shall submit a ditch agreement for review and approval to the Department of
Public Works.
2. Prior to recording the plat:
A. The applicant shall submit a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all landscaping, transportation
(access drive, parking areas,etc)and non-transportation(plant materials,fencing,screening,
water,signage etcetera). The applicant shall submit to the Department of Planning Services
an itemized landscaping bid for review. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat. Or the applicant may submit evidence that all the
work has been completed and approved by the Department of Planning Services and the
Department of Public Works. (Department of
Planning Services)
B. The applicant shall complete the Conditions of Approval and record the plat for the recorded
exemption, RE-4654, in process on the parcel. (Department of Planning Services)
C. The applicant has not delineated any on-site sign(s). If on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not notify
the Department of Planning Services signs shall adhere to Article IV Division 2 of the Weld
• County Code as it related to signs in the A(Agricultural)Zone District. Further,the location of
the sign, if applicable shall be delineated on the USR plat. (Department of Planning
Services)
D. The applicant has not indicated that there will be any lighting on site. If lighting is intended 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 outline in Section 23-3-250.B.6 of the Weld County Code. Further, the
approved Lighting Plan shall be delineated on the plat. (Department of Planning Services)
E. The applicant shall submit to the Department of Planning Services,for review and approval,a
Landscaping and Screening Plan that addresses to staffs satisfaction the Weld County
Landscape referral dated October 24,2007.All other aspects of the Landscape referral must
also be addressed. (Department of Planning Services)
F. The applicant shall address the requirements outlined in the email dated January 3, 2008
from Timothy Bilobran of the Colorado Department of Transportation (CDOT). Should the
applicant choose to obtain an access permit rather than construct the turn lane, the permit
number shall be shown on the USR plat and a copy of the access permit shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services
G. The applicant shall submit a complete final site drainage report and plan to the Department of
Public Works for review and approval. The site drainage plan must comply with all detention,
water quality, and release standards found in Chapter 8 and Section 23-3-250a.1. of the
Weld County Code. Evidence of approval of this plan shall be submitted to the Department
of Planning Services. Necessary detention shall be delineated on the plat. (Department of
Public Works)
•
Resolution 2AMUSR-1405
Aurora Dairy Corporation
Page 3
• H. The applicant shall provide the Department of Public Works with a detailed site access and
circulation plan that addresses the concerns and requirements of the referral dated
November 21, 2007. Evidence of approval of this plan shall be submitted to the Department
of Planning Services. (Department of Public Works)
I. The applicant shall fully address the referral from the St. Vrain Sanitation District dated
November 20, 2007. Written evidence shall be provided to the Department of Planning
Services from the sanitation district which states that all of their requirements and concerns
have been addressed.
J. The applicant shall submit to the Department of Planning Services written evidence from the
St. Vrain Sanitation District that the lagoon formerly used as part of the site's sanitation
facilities is no longer needed for that purpose and may be repurposed as a stormwater
detention pond as suggested by the applicant.
K. The applicant shall attempt to address the requirements (concerns)of the Town of Mead,
as stated in the referral response dated November 11, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (City of Greeley)
L. The applicant shall attempt to address the requirements (concerns) of the Longmont Soil
Conservation District,as stated in the referral response dated November 6,2007. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(City of Greeley)
M. The applicant shall attempt to address the requirements (concerns)of the Little Thompson
Water District, as stated in the referral response dated October 31, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (City of
•
Greeley)
N. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &Environment.
Written evidence of approval of this plan shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
O. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled 2ndAmUSR-1405 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning Services)
4. The location of the future turn lane from State Highway 66 and the CDOT access
permit number. (Department of Planning Services)
5. The additional right of way for State Highway 66 as required by CDOT in their referral
dated November 7th and 13th, 2007.
6. The approved access, circulation, and drainage plan. (Department of Planning
Services)
• 7. Any approved signs, if applicable. (Department of Planning Services)
Resolution 2AMUSR-1405
Aurora Dairy Corporation
Page 4
• 8. Spaces reserved for the parking of vehicles and all loading zones shall be delineated
on the plat. This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code for Manufacture,research,and
assembly.
9. The off-street parking area, access drives and loading areas shall be surfaced with
asphalt,concrete,or an equivalent material.The plat shall delineate the location and
type of surfacing material. (Department of Public Works)
10. The applicant shall meet the requirements of the American with Disabilities Act
(ADA)and comply with ADA standards for this facility.Non-ambulatory/ambulatory
parking space shall be identified and shown on the plat.The parking space must be
the closest possible to the entrance. (Department of Planning Services)
11. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
P. The applicant shall submit two (2) 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 thirty(30)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. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required thirty(30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
4. 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 mapsco.weld.co.us.(Department of
Planning Services)
5. Prior to operation:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. The applicant shall inquire with the
Water Quality Control Division (WQCD) of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD
that they are not subject to these requirements. (Department of Public Health and
Environment)
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)
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Aurora Dairy Corporation
2ndAmUSR-1405
1. The Site Specific Development Plan and Special Use Permit is for a 98,000 square foot milk
processing plant in the 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. As stated in the application materials,employees shall be limited to 120 employees. (Department of
Planning Services)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities(6 CCR 1007-2), at this site. (Department of Public Health
and Environment)
6. All process wastewater from the processing plant (not meant to include stormwater), shall be
discharged to the St. Vrain Sanitation District. The facility shall comply with all pre-treatment
requirements and their industrial wastewater discharge permit. (Department of Public Health and
Environment)
• 7. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
8. The facility shall control fugitive dust on this site. At all times,the facility shall operate in accordance
with its approved dust control plan. (Department of Public Health and Environment)
9. The facility shall be operated in a manner to control pests. Control measures shall be implemented at
the request of the Weld County Department of Public Health and Environment in the event that
rodents (which can be determined to be associated with the facility) are in such a number to be
considered a nuisance condition. (Department of Public Health and Environment)
10. The facility shall be operated in a manner to control flies. Fly control measures shall be implemented
at the request of the Weld County Department of Public Health and Environment in the event that flies
(which can be determined to be associated with the facility)are in such a number to be considered a
nuisance condition. (Department of Public Health and Environment)
11. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and
Environment)
•
Resolution 2AMUSR-1405
Aurora Dairy Corporation
Page 6
• 13. 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 and Environment)
14. The facility shall maintain compliance with any required emissions permit from the Colorado
Department of Public Health & Environment. (Department of Public Health and Environment)
15. The facility shall obtain water from the Little Thompson Water District.(Department of Public Health
and Environment)
16. 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)
17. 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)
18. A building permit application must be completed and two set complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A geotechnical engineering report performed by a registered Colorado
engineer shall be required. (Department of Building Inspection)
19. A plan review is required for each building for which a building permit is required,the plan review must
be approved and a permit issued prior to the start of construction. (Department of Building
Inspection)
20. Buildings in the 100 year floodplain require a Flood Hazard Development Permit. (Department of
• Building Inspection)
21. Provide letter of approval Mountain View Fire Protection District to the Weld County Building
Department prior to construction of any structure. (Department of Building Inspection)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
23. 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) (Department of Planning Services)
24. All landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
25. Landscaping materials as indicated in the approved Landscape Plan shall be maintained at all times.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
26. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250, Weld County Code.
Resolution 2AMUSR-1405
Aurora Dairy Corporation
Page 7
• 29. The property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Public Works)
30. Personnel from the 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.
31. 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.
32. 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.
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
• Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to
serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 January 15, 2008.
Dated the 15th of January, 2008.
avb4 ilt4tkhnn tor-
Donita May
Secretary
•
1 - I5-Joe?
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
•
one wished to speak. No Commissioners requested it be heard.
CASE NUMBER: USR-1638
APPLICANT: Bartez LLC c/o Daniel Glantz
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B, RE-3875 being part of the NE4 of Section 17,T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Industrial Zone
District(truck parking, maintenance and office) in the A(Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 22 and approximately Y mile east of State Hwy
85.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. No Commissioners requested it be heard.
Robert Grand moved the Consent Agenda 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. Nick Berryman seconded the motion. Motion carried.
Specific time for public input has been set aside for discussion on the following items:
• HEARING ITEMS
CASE NUMBER: 2ndAMUSR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: NE4 of the SE4 and E2 of the NE4 of Section 30, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a 98,000
square foot milk processing plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR
13.
Hannah Hippely, Department of Planning, said 2ndAmUSR-1405 is an application by Aurora Dairy
Corporation,care of AGPROfessionals LLC,for a Site Specific Development Plan and Special Review Permit
for a 98,000 square foot milk processing plant in the A(Agricultural)Zone District.
The sign announcing this Planning Commission meeting was posted by staff December 5, 2007.
The property is located south of and adjacent to SH 66 and approximately one mile east of CR13.
The surrounding properties are all zoned agricultural. The majority of USRs in the area are for gravel mining
operations although there are others including a kennel, electric power lines, and sanitation facilities.
Twenty referral agencies reviewed this proposal. Fifteen responded and either stated that they did not have a
conflict with the use or expressed concerns that Staff has attempted to address through the Conditions of
• Approval and Development Standards.
Planning Staff has recommended the denial of this application due to its inconsistency with storm water t
m
management requirements. =x �\
2 K
• At the last Planning Commission the applicant requested a continuance in order that they may address this
issue. A preliminary drainage report has been submitted which addresses the outstanding issues,however a
"Prior to the Board" hearing condition is recommended which states "The applicant shall submit a ditch
agreement for review and approval to the department of Public Works." Additionally Condition 1.G., page
three, should be changed to read "complete final site drainage report and plan".
Tom Holton asked for clarification of the change being made to Condition 1.G.
Doug Ochsner asked if the location as it currently exists is a working dairy. Ms. Hippely said there is one
working dairy adjacent to this facility but not on this property. This would be the only facility on the property
and it is a milk processing plant.
Tom Haren, AGPROfessionals, 4350 HWY 66, Longmont, CO, 80504, applicant's representative, said this
was originally permitted for six thousand animals on all of the combined Aurora property but the dairy has
been downsizing. With the milk plant in 2003, they received a USR for the plant that included twenty-five
hundred animals and the milk processing plant. In 2005 it was re-permitted for some minor changes.The
property for the milk plant as it currently exists is for one hundred and eighteen acres with a seventeen
hundred cow dairy USR. This request vacates any existing USR associated with the milk plant and through a
recorded exemption they are reducing the size of the parcel the milk plant is on (Lot A of RE-4654,
approximately nineteen acres). They concur with the Conditions of Approval and the language about the final
drainage report and plan. They have submitted a preliminary drainage plan and the concept is approved and
has been agreed upon with Public Works. If the USR is approved all the final engineering and design and
expense associated with that will be submitted. They are requesting expansion of the square footage to
ninety-eight thousand square feet. They have removed a substantial part of this property both with the old
Reynolds feedlot and vacating the dairy USRs. While it is not a part of this USR, the adjoining dairy permit
which was on the Consent Agenda last month, was down sizing that diary facility by two thirds. All of the
remaining area will be turned in to irrigated pasture. The driving force for this request is the need to add dry
• storage and cold storage, not a significant increase in the processing ability of the plant. Currently the milk
plant has some trailers on site for transportation as well as for storage of cartons. They are shipping milk and
renting a facility off site in north Denver for cold storage. There is extra transportation occurring that would be
reduced initially by the addition of the dry and cold storage. There is an additional room for an automatic
pallatizer so the manual situation can be discontinued. Mr. Haren said he would be happy to answer any
questions.
Robert Grand asked what the additional employee load was to be. Mr. Haren said it would remain about the
same as their driving need was for cold and dry storage. Doug Ochsner asked about the size of the current
facility. Mr. Haren replied it is about half of the USR request or fifty thousand square feet.
Pam Smith, Department of Public Health, had no additional comments. Don Dunker, Public Works,said there
were still details to work out with the applicant regarding drainage and they have submitted the preliminary
drainage report and he felt the concept was both functional and do-able,they just have a few more details to
work through. Mr. Dunker said he had talked to Gloria Hice at CDOT and they were agreeable to the phased
development as far as turn lane requirements at the facility as it will add additional traffic due to one hundred
or more semi trucks and CDOT will look at it as twenty percent of expansion is complete and will continue to
monitor the facility. Tom Holton asked if that addressed the email they had received January 3, 2008 from
CDOT. Ms. Hippely replied that it did and those requirements had been incorporated into the Conditions of
Approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton motioned to change item 1.G., page three, per Staff request. Second by Nick Berryman. Motion
carried.
• Ms. Hippely addressed another change. This would become item Land would read, "Prior to the Board of
County Commission hearing the applicant shall submit a ditch agreement for review and approval to the
Department of Public Works." Their drainage report plans to discharge into the ditch and they want to make
3
sure that is allowed before they continue.
Tom Holton motioned to accept Staff recommendations as Ms. Hippely stated. Second by Mark Lawley.
Motion carried.
Tom Haren approached the microphone and said they agreed and concurred.
Robert Grand moved that Case 2AMUSR-1405 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. Nick Berryman seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand,yes; Mark Lawley,yes;Tom Holton,yes; Doug Ochsner,yes. Motion carried.
CASE NUMBER: USR-1629
APPLICANT: A. Dale Slater Trust B
PLANNER: Michelle Martin
LEGAL DESCRIPTION: SE4 of Section 28,T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for a Major
Facility of a Public Utility or Public Agency(Electrical Substation), subject to
the provisions of Section 23-4-420 in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and west of and adjacent to CR 7.
Michelle Martin, Department of Planning, said the applicant has applied for a Site Specific Development Plan
and a Special Review Permit for a Major Facility of a Public Utility or Public Agency(Electrical Substation),
subject to the provisions of Section 23-4-420 in the A(Agricultural)Zone District.
• Originally this case was heard on November 20, 2007 at which time Planning Commission recommended
continuance until today's date. The three signs announcing the Planning Commissioner's hearing were
posted November 1, 2007. Additional signs were posted January 4, 2008 by Planning Staff.
The site is located west of and adjacent to CR 7 and north of and adjacent to CR 28 but the substation will be
located in the northwest corner of the site on approximately six acres.
The subject property lies within the three-mile referral area of Boulder County,the City of Longmont,Town of
Firestone and Town of Mead. The Town of Mead in their referral dated October 10, 2007 states that United
Power and the Town of Mead has entered into discussion for annexation and development of a power station
on the proposed lot (Lot A of RE-4712). No response has been received by the Town of Firestone, City of
Longmont, and Boulder County.
The proposed facility will be compatible with surrounding land uses. While there are predominantly
agricultural uses in the area,the property to the north is located within the town limits of Mead as a residential
subdivision (Liberty Ranch). The property to the south is zoned PUD with Estate uses(Adler Estates). The
property to the east is proposed as a residential subdivision(Waterfront at Foster Creek).The applicants have
proposed a ten foot cedar fence around the entire property to screen the use from the surrounding residents.
Sixteen letters have been received over the last few months objecting to the proposed substation. The
majority of their concerns steam from compatibly, diminished property values, and health related concerns.
Seventeen referral agencies reviewed this case. Eleven responded favorably or included conditions that have
been addressed through Development Standards and Conditions of Approval.
The Department of Planning Services is recommending approval of this application along with the Conditions
of Approval and Development Standards.
•
Nick Berryman inquired if the applicant owns adjacent land next to the proposed site. Ms. Martin replied the
entire site is one hundred and sixty acres and the substation would occupy only six acres of that area. They
4
i8/c7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, December 18, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Tom Honn, Kim Ogle, Chris Gathman, Jacqueline Hatch, Michelle Martin, Hannah Hippely,
Roger Caruso, Department of Planning Services; Don Dunker, David Snyder, Department of Public Works;
Pam Smith, Department of Environmental Health; Bruce Barker, County Attorney; Donita May, Secretary.
Roy Spitzer moved to approve the December 4, 2007 Weld County Planning Commission minutes. Second
by Tom Holton. Motion carried.
• CONTINUED ITEMS
CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, Ti N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and quasi-
Public Buildings including a Church and a Private School (Cambodian Cultural
Center) in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
Michelle Martin, Department of Planning,said the applicant,in emails dated December 4,2007 and December
5, 2007, was asking for a continuance to the February 19, 2008 hearing date in order to address issues
primarily concerned with access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1627, be continued until the February 19, 2008 hearing. Roy Spitzer
seconded the motion. Motion carried.
CASE NUMBER: 2ndAMUSR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: NE4 of the SE4 and E2 of the NE4 of Section 30,T3N, R67W of the 6th P.M.,Weld
• County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a 98,000 square foot
milk processing plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR 13.
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• Hannah Hippely, Department of Planning, said the applicant had requested in a letter dated December 10,
2007, that this case be continued. Staff was recommending continuance to the February 19, 2008 hearing
date.
Tom Haren,AGPROFESSIONALS,4350 Hwy 66,Longmont,CO,applicant's representative,said they agreed
to a continuance subject to getting on the January 15, 2008 agenda rather than the February 19, 2008
agenda. He added that originally CDOT's referral did not have any comments and they were notified two
weeks ago by CDOT that they would like a traffic study. Mr. Haren said they have worked with Planning Staff
to settle on dates and the traffic study is well under way. They have commitments that the traffic study as well
as the storm water drainage study will be complete and adequate in time to meet the January 15, 2008
Planning Commission hearing date. Additionally,they have submitted a letter concurring with the continuance
subject to the availability of getting on the January 15, 2008 agenda.
Ms. Hippely expressed concern about the timeline and thought more time was needed for appropriate review
of the studies and receipt of necessary referral comments. Tom Holton asked if it was set for the January
15, 2008 hearing date,could it not be continued again if necessary. Ms.Hippely said the alternative was that if
they do not have an adequate review of the studies and proceed on January 15,2008 without that information
included in the Staff review, the case may have to be continued.
Robert Grand asked Mr. Haren if he was comfortable they could meet the deadline. Mr. Haren responded he
was. He said they expect to have everything turned in and complete next week and was confident they could
meet the deadline prior to the January 15, 2008 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• Doug Ochsner said he felt comfortable with placing it on the January 15, 2008, and if necessary it could be
continued again if Staff was not satisfied with the time given for review. Ms. Hippely added there were six
cases scheduled for the January 15, 2008 hearing.
Robert Grand moved that Case 2ndAMUSR-1405, be continued until the January 15, 2008 hearing. Tom
Holton seconded the motion. Motion carried.
CASE NUMBER: AMUSR-1353
APPLICANT: Kerr-McGee Gathering LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 14,T2N, R66W of the 6th P.M.,Weld County,Colorado.
REQUEST: Amended Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including Oil and Gas Support Services and one or
more microwave or other communication transmission or relay towers over seventy
feet in height(120 foot Radio Tower) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22 and approximately 1 mile east of CR 31.
Jacqueline Hatch, Department of Planning Services, said Staff had requested a continuance to the January
15,2008 hearing date to allow for appropriate mineral notification. The applicant agreed to the continuance.
Tom Holton inquired about the number of cases presently on the January 15,2008 agenda. Ms.Hatch replied
this would bring the number to eight. Mr. Holton inquired about the possibility of moving it to the January 8,
2008 hearing in Greeley. Ms. Hatch said they would not have mineral notices complete by that date so it
needed to remain on the January 15, 2008 agenda.
Doug Ochsner pointed out there was a good chance this case would be on the consent agenda for the
• January 15, 2008 hearing. Ms. Hatch concurred.
Paul Branham moved that Case AMUSR-1353, be continued until the January 15,2008 hearing. Mark Lawley
seconded the motion. Motion carried.
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