Loading...
HomeMy WebLinkAbout20080722.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-1647 APPLICANT: Public Service Company of Colorado PLANNER: Hannah Hippely LEGAL DESCRIPTION: Parts of Section 3 and Section 10 of T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (electric power plant and associated gas pipeline) in the 1-3 (Industrial)and A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 34,and adjacent to the east and west of CR 19.5. 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 Chapter 21 of the Weld County Code. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with 21-3-340 of the Weld County Code as follows: Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected and served. The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), 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. • Section 21-3-340.A.2-The natural and socio-economic environment of the County will be protected and enhanced. The majority of this facility already exists;the two new proposed turbines will be placed in an area that is zoned for industrial uses. The installation of the new gas line will disturb agriculturally zoned ground yet this use can be resumed once the pipeline is installed as the disturbed areas will be returned to their original state. An existing gas line is currently being used to bring natural gas to the site and this will remain as it is. Other than the area where the new turbines will be placed and the location of the new pipeline the site will remain as it currently exists any agricultural and oil and gas uses will continue on the site as they have been. This expansion will have minimal impact on the natural environment of the County.The expansion of this facility is proposed in order to meet the peak energy needs of the community; the ability to meet this demand both protects and enhances the socio-economic environment of the County. Section 21-3-340.A.3--All reasonable alternatives to the proposed action, including use of existing rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately assessed and the proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. The expansion of the facility at the Fort St Vrain site is the result of the termination of a purchase power agreement between Squirrel Creek Energy LLC and Public Service Company of Colorado (PSCo). Squirrel Creek Energy LLC was unable to meet its contract terms for provision of peak demand capacity by the expected date of service of 2009. PSCo needed to find a way to make up for the loss of peak capacity or face the possibility of power outages in the summer of 2009. Options explored by PSCo to meet the shortfall included additional demand side management, interruptible load, capacity from expiring contracts, market purchases using transmission import capability, • acceleration of other projects,and capacity available from area utilities. No resources or combinatio of resources could meet the shortfall, a new project was deemed essential to ensure the reliability o the system and PSCo chose to develop additional resource on a site already owned by the compan t as this option was seen to be the most efficient option in terms of the time constraint and cost. Th m X Resolution USR-1647 Public Service Company of Colorado Page 2 • Fort St.Vrain facility was selected for expansion after the evaluation of several other potential sites. This site was selected as the preferred alternative for the following reasons; there is sufficient land already zoned for industrial uses where the expansion may take place, there is access to the necessary supplies of natural gas, injection capacity on the electrical transmission lines exists, the existing facility's mechanical, water, and wastewater systems can support the proposed expansion, and the site has good access to the regional highways as well as rail access. Section 21-3-340.A.4--A satisfactory program to mitigate and minimize adverse impacts has been presented. The majority of this site is located at the center of a 640 acre parcel; adjacent property owners will experience little change in the existing conditions. Changes to vegetation in the area will be associated with the construction of the new pipeline, however,these areas will be restored once the construction project is complete. Although,the river corridors in the area are home to a wide range of wildlife, the project area itself is former farmland that is currently covered in short grasses and non- invasive herbaceous weeds and thus provides little habitat to wildlife. Construction of the proposed project will have a temporary impact on those species that use the area as a foraging area. In the long term the site will have negligible impact. The State of Colorado, Division of Wildlife (CDOW) responded in its referral dated 2/3/2008 that they had no concerns with the proposal. Air quality of the proposed additional generators will be regulated by the Colorado Department of Health and Environment Air Pollution Control Division through a modification to the existing air emissions permit. A noise study was conducted to assess noise levels from the existing and future operations on the site. The study concluded that the plant,operating at maximum capacity,is expected to be well below the Colorado Department of Public Health and Environment nuisance limit for residential property except certain areas east of the plant may occasionally experience noise levels greater than 50 dBA (the residential limit). The prediction for this area is a range from 38-52 dBA, the high end of the predicted sound level is only 2 dBA greater than what is allowed in the residential zone district, a • minimal impact. Section 21-3-340.A.5--The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County, and other applicable regional, metropolitan, state and national plans. The Towns of Platteville, Johnstown, and Mead responded to the referral dated 1/4/2008, 1/4/2008, and 1/10/2008 respectively indicating that they have reviewed the request and find no conflicts with their interests. Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. There are no known existing community services that would be affected by this proposal within Weld County. Section 21-3-340.A.7--The nature and location or expansion of the facility will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. The demand for government services in Weld County should not expand because of the project. Section 21-3-340.A.8-- The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance. • The proposed facility is not in an area having generally adverse meteorological and climatological conditions which would interfere with or obstruct normal operations and maintenance. Resolution USR-1647 Public Service Company of Colorado Page 3 • Section 21-3-340.A.9--The nature and location of the facility or expansion will not adversely affect the water rights of any upstream, downstream or agricultural users, adjacent communities or other water users. No long term impacts to jurisdictional wetlands, riparian areas, or floodplains are expected. The Project will not impact hydrologic flow of either surface water or groundwater, nor will it affect groundwater recharge. Existing drainage patterns will be preserved. The facility will continue to use its current water rights. There are two existing diversions from St. Vrain Creek and the South Platte River, a number of wells, and Central Weld County Water District currently serving the facility. Additional water needs resulting from the expansion of the site is expected to be provided from Central Weld County Water District. The Beeman Ditch, a concrete lined, channel, passes through the project site and crosses the proposed pipeline alignment. This ditch will be temporarily disrupted and then repaired after the construction is completed. As a Condition of Approval the applicant is being asked to supply an agreement concerning the disruption of the ditch and conveyance of water to the Department of Planning Services. Section 21-3-340.A.10--Adequate water supplies are available for facility needs. The facility will continue to use its current water rights. There are two existing diversions from St. Vrain Creek and the South Platte River, a number of wells, and Central Weld County Water District currently serving the facility. Additional water needs resulting from the expansion of the site is expected to be provided from Central Weld County Water District. • Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere with existing easements, rights-of-way, other utilities, canals, mineral claims or roads. While there are other easements, utilities and roads that exist in the area the expansion of this site will not unduly interfere with them. Section 21-3-340.A.12--Adequate electric, gas, telephone, water, sewage and other utilities exist or shall be developed to service the site. Conditions of Approval and Development standards will ensure that the facility is adequately served by the necessary services. Section 21-3-340.A.13-The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. The Colorado Division of Wildlife, in their referral dated 2/3/2008, did not indicate any concern for wildlife. The applicant's materials also indicate that there will be minimal impact to wildlife in the area. Previous surveys in the area and consultation with the Colorado Historical Society, Office of Archaeology and Historic Preservation have indicated that there are archaeological or historic sites of importance in the area. If cultural resources are discovered during construction, all land altering activities at that location will be immediately suspended and the discovery left intact until such time that Public Service Company of Colorado the consulting archaeologist, the State Historical Society, and/or the State Archaeologist are notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. • Section 21-3-340A14— The nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. Resolution USR-1647 Public Service Company of Colorado Page 4 • The proposed expansion may have an impact on water or air quality yet the expansion is not expected to significantly deteriorate water or air quality.The existing discharge permit issued by the Colorado Department of Public Health and Environment, Water Quality Control Division expired January 31, 2007; the applicant will need to supply a new discharge permit to the Department of Planning Services as a Condition of Approval. The emissions associated with the expansion of this facility are considered minor modification to a major source; emissions on the site will continue to be regulated by the Colorado Department of Public Health and Environment, Air Pollution Control Division. Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. No hazardous geologic conditions exist within the proposed project area. No adverse geologic effects would occur as a result of the Project. Section 21-3-340.A.16—The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. The existing water quality of affected state waters will not be degraded below State and Federal standards or established baseline levels by the project. Section 21-3-340.A.17— The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams,lakes and reservoirs in the impact area,nor on the permeability, volume, recharge capability and depth of aquifers in the impact area. • According to the application, there will be no changes to the capacities or functioning of streams, lakes and reservoirs in the impact area, nor on the permeability, volume, recharge capability and depth of aquifers in the impact area. Section 21-3-340.A.18 — The benefits of the proposed developments outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. The proposed line will have minimal impact on existing and future land use. The property owned by PSCo is not currently under agricultural production. Section 21-3-340.A.19— The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage, disposal, utilities,access,etc. If the applicant has not obtained all necessary property rights,permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a zoning or building permit by the County. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral and water rights and easements for drainage,disposal, utilities, access, et cetera, with approval by the Board of County Commissioners. Section 21-3-340.A.20— The proposed project(nonlinear facilities) will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations: a. The means by which outdoor storage facilities for fuel, raw materials, equipment and related • items are adequately enclosed by a fence or wall. b. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. Resolution USR-1647 Public Service Company of Colorado Page 5 • c. Containment of inflammable or explosive liquids, solids or gases. All construction, operation and maintenance activities will comply with all applicable Federal, State and local laws and regulations regarding the use of hazardous substances. Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County. The scope and nature of the proposed project will not duplicate existing services within the County. The proposed facility will address increasing demands for electricity in Colorado. Section 21-3-340.A.22—If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the area and community development plans and population trends demonstrate clearly a need for such development. The purpose of the proposed plant expansion is to provide electric service that reliably meets peak energy needs and ensures an adequate and dependable supply of electrical power to meet the needs of the Colorado community. The Public Utilities Commission (PUC)will determine weather public convenience and necessity require the construction of this facility. Approval of this application is contingent on a Certificate of Public Convenience and Necessity(CPCN)be obtained from the PUC. 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 Weld County Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be labeled USR-1647. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 19.5 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. An additional 10 feet shall be shown on the plat as future right of way. (Department of Public Works) 3. Existing outdoor lighting shall be delineated on the plat. If additional lighting will be part of the expansion, new lighting must comply with Section23-3-360.F, the applicant shall show evidence that new lighting will comply with this standard. (Department of Planning Services) 4. All existing gas lines serving the existing facility shall be delineated on the plat. (Department of Planning Services) 5. The Reclamation Plan concerning the restoration of the areas disturbed due to the construction shall be delineated on the plat. This plan shall be reviewed an approved by the Department of Planning Services. (Department of Planning Services) C. The applicant shall submit to the Department of Planning Services evidence that a Certificate of Public Convenience and Necessity(CPCN) has been issued by the Public • Utilities Commission (PUC). (Department of Planning Services) Resolution USR-1647 Public Service Company of Colorado Page 6 • D. The applicant shall submit to the Department of Planning Services evidence that a new discharge permit has been issued from the CDPHE as the permit submitted with the application has expired. A copy of the draft permit is acceptable. (Department of Public Health and Environment) E. The applicant shall submit to the Department of Planning Services evidence that the emissions permit for the facility has been amended to include the new facilities. (Department of Public Health and Environment) F. Evidence that all items of concern listed in the referral from the Weld County Department of Public Health and Environment dated 1/29/08 have been addressed shall be submitted to the Department of Planning Services. (Department of Planning Services) G. Evidence that all items of concern listed in the referral from the Weld County Public Works Department dated 1/28/08, have been addressed shall be submitted to the Department of Planning Services. (Department of Planning Services) H. Evidence that all items of concern listed in the referral from the Platteville-Gilcrest Fire Protection District dated 2/1/08, have been addressed shall be submitted to the Department of Planning Services. (Department of Planning Services) The applicant shall submit evidence to the Department of Planning Services evidence that the Colorado Office of the State Engineer, Division of Water resources concerns as outlined in their referral dated 1/4/2008 have been addressed. (Department of Planning Services) J. SUP—43 shall be fully vacated and the portion of USR-1063 covering the power plant • shall be vacated (partial vacation of USR-1063). The applicant shall submit a letter requesting the vacation to the Department of Planning Services for processing. The vacations shall be approved by the Board of County Commissioners. (Department of Planning Services) K. The applicant shall supply to the Department of Planning Services evidence that the Beeman Ditch users have been adequately informed of the proposed construction project and that any of their concerns have been addressed. (Department of Planning Services) L. 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. 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. 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). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) • Resolution USR-1647 Public Service Company of Colorado Page 7 • 4. Prior to construction: A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment(CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61) Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. (New rule effective 3/2/2001). • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Public Service Company of Colorado USR-1647 1. The Site Specific Development Plan and Special Review Permit and 1041 Permit for a Major Facility of a Public Utility(Fort St. Vrain Generating Facility and associated natural gas pipelines) in the 1-3 (Industrial)and A(Agricultural)Zone District.Subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5, C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 7. 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) 8. If applicable,the applicant shall obtain and maintain compliance with a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. Adequate hand washing and toilet facilities shall be provided for employees and visitors.(Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Central Weld Water District) Department of Public Health and Environment) 12. Portable toilets and bottled water for drinking and sanitary purposes may be utilized during the construction of the project. (Department of Public Health and Environment) 13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. 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) 15. A building permit shall be obtained prior to the construction of any structure,the change of use of any existing structure, and for the location of temporary structures on site as required by Weld County • Code. (Department of Building Inspection) Resolution USR-1647 Public Service Company of Colorado Page 9 • 16. A plan review is required for each building for which a building permit is required. Plans will be required to bear the wet stamp of a Colorado registered architect or engineer.Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 17. Provide letter of approval of building plans from the Platteville-Gilcrest Fire Protection District to the Weld County Building Department prior to the issuance of any building permit as evidence of adequate fire protection. (Department of Building Inspection) 18. All disturbed areas shall be reclaimed according to the Reclamation Plan. (Department of Planning Services) 19. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development,completion,recompletion,re-entry,production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 20. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil and Gas Conservation Commission regulations. (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. Applicant must obtain all required Weld County permits required by the Department of Public Works • as necessary for working in Weld County rights-of-Way,temporary road closures, etc. pertaining to this project. 24. The applicant shall maintain compliance with all state permits associated with this facility. (Department of Planning Services) 25. The applicant shall maintain compliance with Migratory Bird Treaty Act. (Department of Planning Services) 26. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 27. If cultural resources are discovered during construction,all land altering activities will be immediately suspended and the discovery left intact until such time that Public Service Company of Colorado the consulting archaeologist,the State Historical Society, and/or the State Archaeologist are notified and appropriate measures taken to assure compliance with the National Historic Preservation Act and enabling legislation. (Department of Planning Services) 28. 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. 29. 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. Resolution USR-1647 Public Service Company of Colorado Page 10 • 30. 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 Bill Hall. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley Nick Berryman 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 March 4, 2008. Dated the 4th day of March, 2008. Kristine Ranslem Secretary • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, March 4, 2008 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10`h Street, Greeley, 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: Hannah Hippely, Chris Gathman, Roger Caruso, Department of Planning Services; Don Dunker, Dave Snyder, Don Carroll, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Bill Hall moved to approve the February 19, 2008 Weld County Planning Commission minutes, seconded by Roy Spitzer. Motion carried. • The Chair read the case into record. CASE NUMBER: USR-1647 APPLICANT: Public Service Company of Colorado PLANNER: Hannah Hippely LEGAL DESCRIPTION: Parts of Section 3 and Section 10 of T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(electric power plant and associated gas pipeline) in the 1-3(Industrial)and A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 34, and adjacent to the east and west of CR 19.5. The Chair asked Hannah Hippely if this can remain on consent as it is a permit for a Major Facility of a Public Utility. Ms. Hippely replied that typically a Major Facility of a Public Utility would not be on a consent agenda because it is something that the Planning Commission makes a final decision on. However this case is a little different because it is also a 1041 Permit which means that it is a more complex case and requires a Board of County Commissioner's hearing. She added that in this case it can remain on the consent agenda. The Chair clarified that the Planning Commission is not the final voice but will make a recommendation to the Board of County Commissioners. Ms. Hippely stated that was correct. The Chair asked if the applicant wished for this case to remain on the consent agenda. Ms. Hippely stated that they do wish for it to remain on consent. 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 Commissioners if they wish to have this case pulled from consent. No one wished to m pull the item from consent. Robert Grand moved to approve the Consent Agenda and that Case USR-1647 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, Bill Hall seconded the motion. Motion carried unanimously. Respectfully submitted, Kristine Ranslem Secretary • • -9ce. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, February 19,2008 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,Jacqueline Hatch,Michelle Martin,Hannah Hippely,and Roger Caruso itiepartr eril of Planning Services; Don Carroll,Don Dunker,David Snyder, Department of Public Works; Lauren Light,Department of Environmental Health; Cyndy Giauque, County Attorney, and Donita May, Secretary. Robert Grand moved to approve the February 5,2008 Weld County Planning Commission minutes. Second by Mark Lawley. Motion carried. CONTINUED ITEMS CASE NUMBER: USR-1647 APPLICANT: Public Service Company of Colorado PLANNER: Hannah Hippely LEGAL DESCRIPTION: Parts of Section 3 and Section 10 of T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit and 1041 Permit for a Major Facility of a Public Utility (Fort St. Vrain Generating Facility and associated natural gas pipelines)in the 1-3(Industrial)and A (Agricultural)Zone District. LOCATION: North of and adjacent to CR 34, and adjacent to the east and west of CR 19.5. Hannah Hippely, Department of Planning, requested this case be continued due to the legal notification not being published within the prescribed time period. Continuation date will be March 4,2008 to be held in the Greeley Planning Department hearing room. 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 motioned to continue case USR-1647 to the March 4, 2008 hearing date. Second by Nick Berryman. Motion carried. CASE NUMBER: USR-1642 APPLICANT: Lucerne Commons, LLC c/o Ag Professionals, LLC PLANNER: Hannah Hippely LEGAL DESCRIPTION: Parts of the SW4 of Section 17,T6N,R65W of the 6th P.M.,Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support and Service facility (fracking company), Agricultural Service Establishment(commodity storage and drying),Use allowed in the • Commercial or Industrial Zone District (recycling business) in the A (Agricultural)Zone District. LOCATION: North of and adjacent to State Highway 392 and east of and adjacent to CR 3. 1 Hello