HomeMy WebLinkAbout20081464.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
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: USR-1650
APPLICANT: Stahla Homes c/o Robb Casseday with Casseday Creative Designs
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of AmRE-2363 being Part of SE4 of Section 14,T2N, R64W of the 6th
P.M.,Weld County, Colorado.
REQUEST: A 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 Commercial or
Industrial Zone District(Propane Storage and Office)in the A(Agricultural)Zone
District.
LOCATION: West of and adjacent to CR 59 and north of and adjacent to CR 20.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Weld County 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 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.
Section 22-2-60.6 A.Goal 2. Conversion of agricultural land to urban scale residential,
commercial and industrial uses will be considered when the subject site is located inside an
•
approved intergovernmental agreement area, urban growth boundary area, Mixed Use
Development areas or urban development nodes,or where adequate services are currently
available or reasonably obtainable. This goal is intended to address conversion of
agricultural land to minimize the incompatibilities that occur between uses in the agricultural
zone district and other zoned districts that allow urban uses.
Section 23-3-40.A.1. Oil and Gas Storage Facilities.
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 Use by Right,an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District(Propane Storage and
Office) 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 area consists of single family homes to the south
and east. There is an existing farm to the west and agricultural uses to the north. Five
properties are within 500 feet of the site. The property currently has a small barn/shop on
site and has a chain link fence surrounding the site. The property is not being utilized
currently.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property is located within the three(3)mile referral area for the Town of
• Keenesburg. The Town of Keenesburg in their referral dated February 22, 2008 states that
they have reviewed the request and find that it does not comply with their comprehensive plan. The property is located within three miles of the Keenesburg town limits and within their m
future growth boundary and has been planned for agricultural use rather than commercial. bier CI
2008-1464
Resolution USR-1650
Stahla Homes
Page 2
• 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.
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's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a detailed sign plan in compliance with Chapter 23 Division 2 of
the Weld County Code to the Weld County Department of Planning Services for review and
approval. (Department of Planning Services)
B. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
• with Section 23-2-250.8.7 of the Weld County Code. (Department of Planning Services)
C. The applicant shall submit written evidence of a commercial well to the Department of
Planning Services and the Department of Public Health and Environment. (Department of
Planning Services)
D. The applicant shall either submit to the Weld County Department of Planning Services a copy
of an agreement with the properties mineral owners/operators stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
E. The applicant shall attempt to address the requirements of the Henrylyn Irrigation Company,
as stated in the referral response dated January 28,2008. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
F. The applicant shall address the requirements of the South East Weld Fire Protection District,
as stated in the referral response dated February 7,2008. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
G. The applicant shall address the requirements of the Department of Planning Services
Landscape referral as stated in the response dated January 27, 2008. Written evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
• H. The applicant shall address the requirements of the Department of Building Inspection, as
stated in the referral response dated February 22, 2008. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
Resolution USR-1650
Stahla Homes
Page 3
• I. The applicant shall attempt to address the requirements of the Town of Keenesburg, as
stated in the referral response dated February 22, 2008. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
J. The applicant shall address the requirements of the Department of Public Works,as stated in
the referral response dated February 25,2008. Written evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
K. The applicant shall attempt to address the requirements of the Sheriff's Office, as stated in
the referral response dated February 22,2008. Written evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
L. The applicant shall address the requirements of the Department of Public Health and
Environment as stated in the referral response dated February 14,2008. Written evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
M. 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 etc). 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
Amended 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)
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.
Evidence of approval by the Department of Public Health and Environment shall be provided
to the Department of Planning Services. (Department of Public Health and Environment)
O. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of
approval by the Department of Public Health and Environment shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
P. Evidence of an application submitted to the Colorado Department of Labor and Employment
Division(CDL&E), Oil and Public Safety in accordance with the Liquefied Petroleum Gas(lpg)
rule 7 ccr 1101-15(Effective September 1,2005)shall be submitted to Environmental Health
Services, Weld County Department of Public Health & Environment. Alternately, the
applicant can provide evidence from the CDL&E, Oil and Public Safety Section that they are
not subject to these requirements. Evidence of approval by the Department of Public Health
and Environment shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
Q. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the CDL&E, Oil Inspection Section that they are not subject to these
requirements. Evidence of approval by the Department of Public Health and Environment
• shall be provided to the Department of Planning Services. (Department of Public Health and
Environment)
Resolution USR-1650
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Page 4
• R. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. Evidence of
approval by the Department of Public Health and Environment shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
S. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources,demonstrating that the well is appropriately permitted
for the commercial use. Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
T. The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. Evidence
of approval by the Department of Public Health and Environment shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
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). (Department of Public Health and
Environment)
U. The applicant shall provide evidence to the Department of Planning Services that all
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noncommercial junkyard items located on the property must be screened from all adjacent
properties and public rights of way, or be removed from the property. (Department of
Planning Services)
V. 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)
W. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1650.(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The access point to the proposed facility shall be located 150 feet from an
intersection. (Department of Planning Services)
4. County Road 20 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way. (Department
of Public Works)
5. County Road 59 is designated on the Weld County Road Classification Plan as a
major arterial road,which requires 140 feet of right-of-way at full build out.There is
presently 60 feet of right-of-way.A total of 70 feet from the centerline of County Road
59 shall be delineated on the plat. The future and existing right of way including the
documentation creating them shall be delineated on the plat. (Department of Public
• Works)
6. The approved Landscape and Screening Plan. (Department of Planning Services)
7. The approved sign. (Department of Planning Services)
Resolution USR-1650
Stable Homes
Page 5
• 8. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. Prior to the Issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
3. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater that or
equal to one acre n area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wo/PermitsUnitfor
more information. (Department of Public Health and Environment)
4. Upon completion of 1. and 2. 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)
5. 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.
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(a.co.weld.co.us. (Department of Planning Services)
7. 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
Stahla Homes
• USR-1650
1. A 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 Commercial or Industrial Zone District (Propane Storage and
Office)in the A(Agricultural)Zone District and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of employees shall be limited to two(2). (Department of Planning Services)
4. The hours of operation are from 5:00 am to 7:00 pm Monday through Saturday. (Department of
Planning Services)
5. 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)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
9. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14), as applicable. (Department of Public Health and Environment)
10. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 ccr
1101-15), as applicable. (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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
13. The facility shall have sufficient equipment available to implement dust control as required by the
Weld County Department of Public Health and Environment. (Department of Public Health and
Environment)
• 14. This facility shall adhere to the maximum permissible noise levels allowed in the Light industrial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
15. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
Resolution USR-1650
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Page 7
• 16. 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)
17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes at all times.
(Department of Public Health and Environment)
18. Adequate toilet facilities (port-a-potty) shall be provided during construction. (Department of Public
Health and Environment)
19. Bottled water shall be utilized for drinking and hand washing during construction. (Department of
Public Health and Environment)
20. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
21. 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)
22. 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)
23. The applicant is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses. Also, the
• applicant should be made aware that groundwater may not meet all drinking water standards as
defined by the Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over time.
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27. Exterior lighting be a part of this facility, all light standards shall be in accordance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
28. The applicant shall adhere to the approved Landscape and Screening Plan.(Department of Planning
Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250, Weld County Code.
31. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 of the Weld County
Code. (Department of Building Inspection)
Resolution USR-1650
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Page 8
32. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. 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 application.
(Department of Building Inspection)
33. 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: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
34. All buildings used by the public, including the bathrooms shall be accessible to persons with
disabilities. Plans should include detailed drawings showing the exiting and how accessibility will be
maintained through out the facility. Fire resistance of walls and openings,construction requirements,
maximum building height and allowable areas will be reviewed at the plan review.Setback and offset
distances shall be determined by the Weld County Code (Department of Building Inspection)
35. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
• 36. All building plans shall be submitted to Southeast Weld Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
37. 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)
38. 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.
39. 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.
40. 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.
41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
•
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Resolution USR-1650
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Page 9
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens,field work, harvest,and gravel roads;odor from
animal confinement,silage,and manure;smoke from ditch burning;flies and mosquitoes;and the use
of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility of the homeowners. Services
in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
• pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for their children.
Motion seconded by Bill Hall.
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, 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 April 15th, 2008.
Dated the 15"of April, 2008.
Kristine Ranslem
Secretary
•
•
y-/s c�
The Chair asked Jacqueline Hatch, Department of Planning Services, if she wishes for this case to remain on
the Consent Agenda. Ms. Hatch replied that they do.
•
The Chair asked the applicant if they wish for this case to remain on Consent as well. The applicant replied
yes.
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 moved that Case USR-1648, 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 Mark Lawley. Motion carried unanimously
CASE NUMBER: USR-1650
APPLICANT: Stahla Homes do Robb Casseday with Casseday Creative Designs
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of AmRE-2363 being Part of SE4 of Section 14,T2N, R64W of
the 6th P.M.,Weld County,Colorado.
REQUEST: A 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
Commercial or Industrial Zone District(Propane Storage and Office)in
the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 59 and north of and adjacent to CR 20.
SIZE: 10 acres, more or less.
Jacqueline Hatch, Department of Planning Services, introduced this case. She stated that the area consists of
approximately 10 acres and the sign announcing the Planning Commission hearing was posted on April 4,
2008 by staff.
Ms. Hatch added that in Section 22-2-60.B A.Goal 2. it states"Conversion of agricultural land to urban scale
•
residential, commercial and industrial uses will be considered when the subject site is located inside an
approved intergovernmental agreement area, urban growth boundary area,Mixed Use Development areas or
urban development nodes,or where adequate services are currently available or reasonably obtainable. This
goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between
uses in the agricultural zone district and other zoned districts that allow urban uses."
Ms. Hatch said that the property is not located within an approved intergovernmental agreement area, urban
growth boundary area, Mixed Use Development areas or urban development nodes.The property is located
within the three(3) mile referral area for the Town of Keenesburg. The Town of Keenesburg in their referral
dated February 22,2008 states that they have reviewed the request and find that it does not comply with their
comprehensive plan. The property is located within three miles of the Keenesburg town limits and within their
future growth boundary and has been planned for agricultural use rather than commercial.
Ms. Hatch commented that Section 19-5-50.B of the Coordinated Planning Agreement with the Town of
Keenesburg states "Development outside the urban growth area (IGA) to the extent legally possible the
County will disapprove proposals for urban development in areas of the municipal referral area outside the
urban growth area.
The Department of Planning Services has determined that the proposed commercial/industrial use projected
for this site while located outside the Town's IGA boundary is located within the referral area and as outlined in
the referral from the Town of Keenesburg is not compatible with the comprehensive plan for the Town.
The surrounding area consists of single family homes to the south and east. There is an existing farm to the
west and agricultural uses to the north. Five properties are within 500 feet of the site.
The property currently has a small barn/shop on site and has a chain link fence surrounding the site. The
• property is not being utilized currently.
The site will utilize an on-site septic system and the water is provided by a well. The applicant,if approved will
be required to provide evidence of a commercial well. EXHIBIT
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#I45o
The applicant is proposing to have two employees on site and there will be up to five customers a day.
• The hours of operations will be from 5am -7pm Monday through Saturday.
Ms. Hatch stated that three letters from surrounding property owners have been received by the Department
of Planning Services. She added that she also provided the Planning Commission with a response from the
applicant regarding those letters. The letters describe concerns with the proposal specifically the location of
hazardous materials within close proximity to existing homes, fire hazards, odor, increased traffic, noise,
health concerns, and property value.
Twelve referral agencies reviewed this case, one referral agencies had no comments,eight referral agencies
included conditions that have been addressed through the development standards and conditions of approval.
No comments have been received from the Weld County Emergency Management office, the State of
Colorado Division of Wildlife, and the Brighton/Southeast Weld Soil Conservation District
The Department of Planning Services has determined that the proposed commercial/industrial use projected
for this site while located outside the Town's IGA boundary, is located within the referral area and as outlined
in the referral from the Town of Keenesburg is not compatible with the Comprehensive Plan for the Town;
therefore the Department of Planning Services is recommending denial of the application.
Commissioner Ochsner asked what the site was used as previously as it looks like it had been utilized. Ms.
Hatch replied that upon site inspection of the property it looked like it had been used. She added that there is
some old lighting out there. She did not find anything in our records that this site had been used for anything
Commercial/Industrial.
Commissioner Grand asked if this property is totally fenced. Ms. Hatch replied that it is completely fenced with
a chain link fence.
• Commissioner Grand asked if the farm to the west of the property also has a commercial seeding company
located on it. Ms. Hatch indicated that she had heard that,however they do not have a Use by Special Review
for that business on that property.
Commissioner Lawley wished to clarify and asked if Weld County does have an IGA with the Town of
Keenesburg. Ms. Hatch said that we do have an IGA agreement with the Town of Keenesburg. However this
property is located outside of the IGA area,and in the Keenesburg Intergovernmental Agreement it states that
if a proposal comes in that is not located within their IGA, but located within their referral area, then Weld
County should recommend denial.
Commissioner Holton asked why they don't have an Urban Growth area map and why this is so different from
the rest of the towns. Ms. Hatch stated that there should be a map of the Keenesburg IGA area in the back of
the code book. However when it comes to the referral area, it is just the three mile referral from the property.
Commissioner Holton asked if there are other IGAs that we have three mile referral areas with. Ms. Hatch
indicated that she would have to check, but that a lot of them do have a stipulation that says if it is not in the
IGA but within the referral area, then we should be recommending denial. Ms. Hatch commented that Brad
Mueller in our office has currently been doing a little more research in bringing these to light
Linda Hulse, Casseday Design, 55 S Elm Av, Eaton CO. Ms. Hulse commented that the site was used as a
natural gas pumping station in the late 70's to the late 90's. There was a previous USR on the site which it
has been vacated since then.
Ms. Hulse commented that they feel they have met all the conditions of the Weld County Code for the USR
and their proposal is consistent with the Weld County Zoning Code that provides for oil and gas storage
facilities by USR in the Agricultural Zone District.
• Ms. Hulse added that they have met the intent of Chapter 22 Goal 1 preserving prime farm land. She added
that the site is not referred to as prime farm land.
Ms. Hulse further added that they also meet the goals of Section 22-2-60 which states that Agricultural zoning
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should allow forcommercial and industrial uses which are directly related to or dependant on agriculture. She
stated that United Farmers Coop will be primarily serving the agricultural community.
• Ms. Hulse also pointed out that in Section 22-2-40 it states"The following should have a role in the County's
farm and food system. Those who offer farm-related products and services. Examples of these local
industries are ...energy and petroleum product companies."
Ms. Hulse stated that we did receive the referral from the Town of Keenesburg on March 12,2008 and she did
also call them that day to discuss it with them, however she did not receive a call back. She indicted that she
called back on March19, 2008 again with no response. She added that they did send out a certified letter to
them on April 7, 2008 at which time she did get a call from Tim Smith who wrote the referral. Ms. Hulse said
that his response was that they just generically look at their land use plan and mark it however it states on
there. She added that they didn't give it much consideration as to what was going in or what was being
proposed.
Ms. Hulse showed the Planning Commission members the Keenesburg Land Use Area Plan. She showed the
members where the site is in location to the proposed commercial corridor. She stated that they are
approximately 660 feet from the commercial boundary that they are proposing in the Town's future land use.
Ms. Hulse showed some excerpts from the Keenesburg Comprehensive Plan to the Planning Commission
that they feel they fall into as far as meeting the intended use of the Comprehensive Plan. She added that
based on these excerpts from the Town of Keenesburg Comprehensive Plan,they feel that they would fit into
their future use down the road that this would be a comparable business to be in that area.
Ms. Hulse stated that they are aware of the concerns from the neighbors and believes that a lot of it is based
on misconception of what the site is going to be used for and also propane in general. She commented that
propane is non-toxic so it is not harmful to soil and water. Since it does not endanger the environment the
storage of propane tanks either above or below ground is not regulated by EPA. Propane is an approved
alternative clean fuel. If propane leaks it vaporizes and dissipates into the air. Propane has a very narrow
• range of flammability and won't ignite when combined with air unless the source of ignition reaches 940°
Fahrenheit.
Ms. Hulse reported that there are 103,000 households in Colorado that are heated by propane. Propane is a
staple on 660,000 farms where it is used for crop drying, flame cultivation, fruit riping, space heating,water
heating, refrigeration, and running farm machinery.
Ms. Hulse added that United Farmers Coop employees are all certified in working with propane. The U.S.
Department of Energy released a report containing analytical examination of fatal accidents involving propane
gas transportation and storage and the result of the report revealed that the individual risk is about 1 in 37
million people.
Ms. Hulse noted that there are two Weld County School Districts that have similar propane storage on site.
Ms. Hulse stated that as far as traffic concerns,they have estimated 2-3 transport loads of propane per week
and 2-3 trips from the bobtail loading for county deliveries. She added that they are not going to be generating
a lot of traffic at the site.
Commissioner Berryman asked for clarification on the business operation as it sounds like it will be a storage
facility. Ms. Hulse said that they are going to have two(2)tanks which store up to 30,000 gallons of propane.
They will be servicing local areas where they will take propane out of the storage tanks and deliver to local
areas.
Commissioner Berryman asked if customers will be coming to the site. Ms. Hulse replied that they are
estimating at the most there would be five customers per day.
Commissioner Holton asked Ms. Hatch about the map. He said that it shows an IGA with a boundary around
• it and he asked how come this doesn't reflect the three mile area. Ms. Hatch said that the site is not in the
IGA. She added that they send referrals to all municipalities within three miles. Commissioner Holton stated
that if the towns are going to have the same control over that three miles that they would have if it was inside
the IGA,then why isn't it delineated on the map. Ms. Hatch replied that what occurs within the IGA is different
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than what occurs outside of an IGA. She clarified by saying that basically the Town is encouraging growth
inside of the IGA, rather than outside the IGA.
• Commissioner Grand asked the Department of Public Works what the traffic count looks like with regard to
the road that accesses the Coors mine as well as the waste management facility as well as several other
businesses. Dave Snyder, Department of Public Works replied that the closest traffic county that they have
for this site was done in 2007 near the intersection and it was a 125 ADT so it is probably going to be a 10%
increase for the traffic on that dirt road.
Commissioner Ochsner stated that in the application this propane is going to be used for Ag uses and asked
for Ms. Hulse to clarify on that. Ms. Hulse said that they will service Agricultural homes that use propane for
heating and also for farm machinery and irrigation pumps.
Commissioner Ochsner asked with regard to storage if the propane will be trucked in or if it will be delivered
via pipeline. Ms. Hulse replied that it will be trucked in and then trucked out. She added that they do expect
approximately five customers a day to fill their small bottles of propane.
Rod Spencer, United Farmers Coop, 38508 CR 65, Galeton. Mr. Spencer clarified that they anticipate 2-3
semi loads per week to fill the storage and then 2-3 trips a day with a bobtail going out to deliver to farms and
homes. He added that with regard to customers coming in, they just estimated a few customer trips in
because there probably will be on occasion customers stopping when paying a bill, etc. It will strictly be bulk
delivery.
Lauren Light, Environmental Health, stated that there is an existing well on site and will be re-permitted for
commercial use. If and when they construct the office they will put in a brand new septic system. Conditions
of Approval 1.L and 1.N through 1.T address requirements from Environmental Health, such as a dust
abatement plan, tank permitting, and a waste handling plan.
Ms. Light indicated that Development Standards 5-23 are Health Department notes which will be on the USR
• plat. Specifically Development Standard 11 addresses odor and she did speak with their air specialist in
Environmental Health about what odor issues would be from a propane facility. She indicated that Weld
County follows State Regulation,which is through the State Health Department,so if the odor for some reason
would become a nuisance to the neighbors,then the neighbors would file a complaint and then two people that
are certified from her office would go out and take readings. If they are in violation of Development Standard
11, then they would take action on that. She added that it is covered through the State as well as Weld
County. The State also addresses the permitting of the tanks and there are specific gas regulations that are
required. They also did a search on violations for this site and they do not have any violations as far as any
contamination. She stated that all concerns have been addressed through the Conditions of Approval and
Development Standards.
Commissioner Ochsner commented that there was something stated previously that the tanks are not
regulated by EPA. Ms. Light replied that it is regulated by the Oil and Gas Commission. There is tank
permitting requirements through the Colorado State Labor and Employment and not through EPA.
Dave Snyder, Department of Public Works,commented that County Road 20 is local gravel and they have 60
feet of right-of-way on that. County Road 39 is a major arterial and they are requesting a full build out of 140
feet for that. He added that they are utilizing the existing access and the water capture for the drainage will
have very minimal impact on the property.
Commissioner Grand stated that the property is fenced and asked how long it has been out of Agricultural
use. Ms. Hatch stated that she was not able to find a previous USR on-site; therefore we don't have any
record of knowing when the fence was put in and when the uses had changed on-site. Ms. Hatch stated that
the access to the property is off of County Road 20 and is gated at this time.
Commissioner Ochsner said that in looking at the pictures it looks as though the property is somewhat unkept.
He asked that if this application is approved,will the interior of this USR just be dirt. Ms. Hatch commented
• that they are proposing some trees along the southern and eastern boundary. She added that at this time the
site is pretty unkept and there will also be a maintenance plan put into effect.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
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one wished to speak.
Alfred Wilder, CR 20. Mr. Wilder stated that there were a couple of things previously said that to his
understanding were incorrect. He commented that when Coors sold the property they took all the water rights
off. The first owner that bought the property was suppose to clean up the property(piping,etc),which hasn't
been done. He stated that to his knowledge all the underground piping has not been cleaned up. He is against
this site being a propane facility as propane is heavier than air and will leak out. He added that it will follow the
ground since it is heavier and it will be able to come into an ignition source, He commented that people out
there burn their weeds and if the leak happens while someone is burning their ditches then it will have an
ignition source and will be able to follow it back to the plant. He lives' of a mile from the plant and if the wind
is in the right direction and they have a leak it will make it to his house. He added that his wife has asthma
and the fumes will not do any good for her health problems. He expressed that he is against this case as it will
be a health hazard and they cannot guarantee that there will not be any leaks.
Bob Green stated that he lives north of the proposed site. He is concerned with the extra truck traffic and the
pollution that is already out there. He added that there is a constant mess of trucks running up and down the
road. Mr.Green mentioned that there is a lot of underground pipes from the Coors pumping plant and in order
for them to build on that property, they should have to clean all that up.
The Chair closed the public portion of the meeting.
Ms. Hulse mentioned that the site is in a mess right now and the applicant is planning to clean up the site prior
to building their facility there.
Ms. Hulse stated that there has not been a well on the site. However,there was a permit for a well issued and
then they got a commercial permit from the State for a commercial well.
Commissioner Ochsner asked if the permit for the water is for the use in the operation. Ms. Hulse replied that
it will be used mainly for the operation and also for the office building. Commissioner Ochsner clarified that
1111 they will not be able to use the water for irrigation on the property. Ms. Hulse stated that was correct.
Ms. Hulse stated that there is a mitigation plan that Noble Energy is working with the State on for some of the
contamination that was previously on this site.
Mr.Spencer stated that when Patina pulled all the stuff out and sold it to Stahla homes they vacated the USR
at that point. He said that there is a little bit of contamination there and that was mitigated initially in the late
90's and was finished up supposedly in 2000. In their diligence they did a Phase 2 and did find one hole in
that process that had a little bit of contamination that was a little bit over the State threshold. Therefore Noble
Energy who bought out Patina will be compelled by the State to do some more mitigation to take care of that.
Commissioner Spitzer asked Mr. Spencer if by contamination he is referring to hydrocarbons. Mr. Spencer
stated that was correct.
Commissioner Ochsner asked Mr.Spencer to address the piping underground. Mr.Spencer said that based
on the report from the State there was some underground piping and the State required the previous owner to
dig down to a depth of 3 feet and cut and cap those pipes.
Commissioner Ochsner asked him to also address the concern of overflow of filling of trucks. Mr. Spencer
commented that that we all know that things can happen but the propane industry would not have the record a
good record it has if it didn't pay attention to safety. He added that there are a lot of safety devices that are put
on the trucks and storage facilities that prevents gas from escaping. He further added that their plans are to
have some monitoring equipment on site so that if someone comes on the property after hours it will trip some
detectors and turn on a camera so they can monitor what happens. He would not be afraid to have a house
right across the street from this facility. He commented that they have seven bulk plants in Nebraska and they
have never had a release of product on any of those sites and have never been written up by the State Fire
Marshall.
• Commissioner Holton said that he still needs clarification on the IGA.
Brad Mueller, Department of Planning Services, was asked to clarify about the clauses in the IGA. He
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commented that staff has been looking recently at the IGAs that we have in place. When thinking about how
many land use cases have come in that have been subject to the policy now under discussion,the number of
• cases that have actually fallen into this area that your are dealing with in this particular case is fairly few.The
term "Coordinated Planning Agreement" is just another term for IGA. In the Keenesburg IGA, along with all
the different IGAs that we currently have,the lines that are shown on that map are the lines that show where
the urbanized areas are strongly supported. What has not been typically shown on the IGA map is the area
that goes beyond that,which is three mile referral area. What the IGAs say is that the area between the urban
growth area and the three miles is an area that has this policy of non-urban uses.
Mr. Mueller stated that whether this application is an"urban development: as defined in the IGA is open for
discussion and ultimately it is the board's determination of whether this type of application really qualifies as
that"urban development". Staff has made the recommendation for two reasons—staff believes it is urban
development as defined by the intergovernmental agreement, and the Town of Keenesburg has
recommended against its approval. The IGA does not require the County to defer to the town's referral
comments, but an overall goal is to try to do so. So that reason, along with what the County agreed to in the
IGA, are the two supporting reasons for the staff recommendation.
Commissioner Holton commented that he is concerned that if it is in the three mile referral and the county is
suppose to do what Keenesburg wishes us to do,then why are we even hearing the case. Mr.Mueller replied
that there is nothing in the IGA that says we have to defer to what Keenesburg's referral comments are.
However, there are other policies completely independent of the IGA that say we are going to try and
accommodate municipalities' referrals.
Commission Holton stated that he doesn't remember seeing this before. Mr. Mueller said that is because the
number of cases that have fallen into that category have relatively been minimal over the years.
Commissioner Spitzer asked Mr. Mueller if he could explain again the rationale for denying this case. Mr.
Mueller replied that the first rationale is being inconsistent with the terms of the IGA. The second rationale is
that there are other portions of the code that suggest that we will try to support referral agency comments.
• Commissioner Spitzer said that at this point and it seems that we might be working against ourselves,where
this site might be more suitable for something like this, as opposed to other uses.
Commissioner Spitzer asked if anyone from the Town of Keenesburg was here. Ms. Hatch replied that there
was no one here from the Town of Keenesburg. She added that she did speak to someone from the town and
they indicated that they would not be able to attend. She spoke to Mark Grey and he stated that he still
supports the referral that was sent. However, Ms. Hulse indicated that she will be going before the
Keenesburg Board and will get another determination from them if they still support their referral or if they will
change that. She added that it will be forwarded to the Board of County Commissioners for their hearing.
The Chair asked the applicant if they read through the Development Standards and Conditions of Approval
and if they are agreement with those. The applicant replied that they are in agreement.
Commissioner Lawley stated that he is a big supporter of IGAs between the communities and the county.
However, this is something that is new as he has not seen it in this format. He thinks in order to make a
rationale decision you need to look at the definition of urban and how it applies to this. He is not quite sure
that this urban definition is applicable in this case.
Commissioner Hall agreed and stated that he wouldn't want this type of facility in an urban setting and feels
that it is much better suited to a facility that has been used previously as a gas processing facility or pumping
station.
Roy Spitzer moved that Case USR-1650, 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 based on Section 23-3-40 regarding oil and gas storage facilities and that it also this does not seem
to be contrary to Section 22-2-60.B Conversion of Agricultural land to Commercial. He added that this has
• been out of Agricultural land for a significant period of time. Bill Hall seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall,yes; Mark Lawley,
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yes, wit comment; Roy Spitzer, yes; Tom Holton, yes, with comment; Doug Ochsner, yes, with comment.
Motion carried unanimously.
. Commissioner Lawley cited Section 23-3-40 and Section 22-2-60.B.
Commissioner Holton commented that the IGA that we have with Keenesburg is nondescript and it needs to
be one or other. He added that the three mile area is too much.
Commissioner Ochsner commented that he believes that the code allows for this type of a Use by Special
Review and in using common sense it allows for this facility. He added that this area that was once used by
the oil and gas industry and we are not taking any farm land out of production.
The Chair called a recess at 2:47 p.m.
The meeting was called back to order at 3:00 p.m.
(Bruce Barker joined the meeting via telephone)
CASE NUMBER: 2008-XX
APPLICANT: Pioneer Communities Inc&HP Farms LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of Sections 4,5,7, 8,9, 17 and 18,T2N, R64W of the 6th P.M.;
and Section 32,T3N, R64W of the of the 6th P.M.;and Sections 2, 11,
12, 13, 14 and 15,T2N, R65W of the 61h P.M. ,Weld County, Colorado.
REQUEST: Weld County Comprehensive Plan Amendment to create an
Amendment Procedure for the Southeast Weld Mixed Use
Development Area Structural Plan, Map 2.1 Structural Land Use Plan.
LOCATION: In the vicinity of CR 22 and CR 49.
Michelle Martin,Department of Planning Services,stated that currently Section 22-1-150 of the Weld County
• Code states,"No inclusions or amendments to the Southeast Weld MUD Area Structural Land Use Map may
be made without previously amending this Section, defining the criteria for such amendment."
Ms. Martin commented that the applicants for the Pioneer Development have applied to basically create that
procedure. The application before you establishes a procedure for any amendments to the Southeast MUD.
There are three different procedures:
1) an expansion of the Southeast Weld MUD boundary
2) a modification to the land use classification of property already within the Southeast Weld MUD
boundaries
3) a language amendment to the Southeast Weld MUD
While the three processes have many similar requirements they do differ depending on the type of
application. You will also notice that there is a procedure in the current code that establishes changes to
the 1-25 MUD area and many of those procedures have also been included into this process.
Ms. Martin pointed out the map of the existing Southeast Weld MUD as it stands today. She added that
any changes to this boundary or colors on the map or area will have to go through one of these three
processes.
Ms. Martin noted some changes outlined in her memo that she handed out to the Planning
Commissioners. On Page 4 of Staff's comments under Section 22-1-150.B she suggested to include the
following sentence at the very end the paragraph which would read "The following supporting documents
shall be submitted as a part of the application except for those items determined by the Director of
Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to
a decision on the application." Ms. Martin stated that if the Planning Director or the Board of County
Commissioners doesn't deem one of the criteria applicable in a certain case they have the right to then
waive that criteria for submittal.
Ms. Martin stated that the applicants have been made aware of this change.
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