HomeMy WebLinkAbout20080457.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
• Moved by Robert Grand that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AMUSR-1353
APPLICANT: Kerr-McGee Gathering LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Amended Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including Oil and Gas Support
Services and one or more microwave or other communication transmission
or relay towers over seventy feet in height(120 foot Radio Tower) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22 and approximately 1 mile east of CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 1.)states
• "Oil and gas exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts between mineral
development and current and future surface uses." Further,Section 22-5-100.B(OG.Goal.2)
states "The extraction of oil and gas resources should conserve the land and minimize the
impact on surrounding land." The request for a Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development Facility including Oil and Gas
Support and Services and a microwave or other communication transmission or relay tower
over seventy feet in height(120 foot Radio Tower) in the A(Agricultural)Zone District is an
amendment to an existing permit.
❑ USR-1353 for an Oil and Gas Support Service Facility was approved by the Board of
County Commissioner's Resolution for HS Gathering LLC on October 24, 2001.
This application addresses the current on-site conditions,and serves as a baseline for future
improvements to the site. Upgrades to the facility addressed under this application are for
on-going modernization of the equipment over time. Further, the new application was
required by the Department of Planning Services due to a change in ownership of the facility
and proposed and previous modifications to the facility including one communication tower
120 feet in height.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Sections 23-3-40.A.2 and 23-3-40.K of the Weld County Code provide for a
Mineral Resource Development Facility including Oil and Gas Support and Service and one
or more microwave or other communication transmission or relay towers over seventy(70)
feet in height in the A(Agricultural)Zone District. The communication tower is proposed to
be 120 feet in height and free standing. The use of the tower is limited to Kerr McGee and
will allow field workers to communicate safety issues or concerns more expeditiously and
• reliably.
2008-0457 + .'
Resolution AMUSR-1353
• Kerr-McGee Gathering LLC
Page 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property consists of agricultural uses to the east
and south. 3rd AMUSR-1002 for a gas production and compressor facility is located to the
north. SUP-211 for a compressor station facility is located to the west of the site and USR-
1291 for an oil and gas support facility is also located to the west of the site. No letters or
telephone calls were received from surrounding property owners. The Conditions of Approval
and Development Standards ensure that there are adequate provisions in place to address
the concerns of adjacent and surrounding property owners.
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 existing site is not located within the three mile referral area for any
municipality. There are two property owners located within 500 feet of the site.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
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.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This facility was acquired by
the Kerr McGee Gathering LLC in 2000. Previous to this acquisition the facility was permitted
and operated by HS Gathering.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
• 2. All Sheets of the plat shall be labeled AMUSR-1353. (Department of Planning
Services)
Resolution AMUSR-1353
• Kerr-McGee Gathering LLC
Page 3
3. The attached Development Standards. (Department of Planning Services)
4. The approved Screening Plan, to address the outdoor storage of materials,
associated with this facility which shall be screened from adjacent properties,and all
public rights-of-way. (Department of Planning Services)
5. The approved Sign Plan for all facility identification signs. (Department of Planning
Services)
6. The approved Lighting Plan for the facility. (Department of Planning Services)
7. County Road 22 is designated on the Weld County Road Classification Plan as a
strategic road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and delineate them on the plat. This road is
maintained by Weld County. (Department of Public Works)
8. The screened trash enclosure for the facility complying with the Weld County Code.
(Department of Planning Services)
9. A graphic key and or symbol serving to identify each component that is located within
the USR Boundary. The key and corresponding component shall be summarized in
•
tabular format and be clearly delineated on the plat. (Department of Planning
Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. Written evidence of approval
shall be submitted to the Department of Planning Services.(Department of Public Health and
Environment)
C. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. The applicant shall provide current evidence that the facility has an adequate water supply
(i.e. a well or community water system). Written evidence of approval shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
E. The existing septic system serving the site shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load (permitted for 2
people in 1993,system will be serving up to 10 people). The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed the
system shall be brought into compliance with current Regulations. Written evidence of
• approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
Resolution AMUSR-1353
•
Kerr-McGee Gathering LLC
Page 4
F. 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. 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). Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
G. The applicant shall submit written evidence to the Department of Planning Services that the
parcel is a legal buildable lot. (Department of Planning Services)
H. The applicant shall provide written and graphic evidence to the Department of Planning
Services that the proposed tower is appropriately marked and lighted in accordance with
Code 14 of Federal Regulations, part 77 pursuant to 49 U.S.C.,Section 44718. (Department
of Planning Services)
• I. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated October 3, 2007. Written evidence of approval by the Department of
Public Works shall be submitted in writing to the Department of Planning Services.
(Department of Public Works)
J. The applicant shall address the concerns of the Department of Building Inspection as
outlined in their referral dated October 22, 2007. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
K. The applicant shall attempt to address the concerns of the Department of Public Health and
Environment as outlined in their referral dated October 29, 2007. Written evidence of
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
L. The applicant shall attempt to address the concerns of the Weld County Sheriff's office as
outlined in their referral dated November 9, 2007. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
M. The applicant shall address the concerns of the Weld County Department of Planning
Services Landscaping as outlined in their referral dated September 26, 2007. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
N. The applicant shall submit a Screening Plan to the Department of Planning Services, to
address the outdoor storage of materials,associated with this facility shall be screened from
adjacent properties, and the public rights-of-way. (Department of Planning Services)
• O. The applicant shall submit a Sign Plan to the Department of Planning Services,for all Facility
identification signs, including location and size. (Department of Planning Services)
• Resolution AMUSR-1353
Kerr-McGee Gathering LLC
Page 5
P. The applicant shall submit a Lighting Plan to the Department of Planning Services in
compliance with Section 23-3-360.F of the Weld County Code. (Department of Planning
Services)
Q. The application shall complete all proposed improvements including those regarding
landscaping,screening,access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
R. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns or delineate drill envelopes on the plat shall be submitted to the Department of
Planning Services. (Department of Planning Services)
S. 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. Prior to operation:
• A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
3. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended 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 mapsraco.weld.co.us. (Department of Planning Services)
5. 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)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
• be recorded within the required sixty(60)days from the date of the Board of County Commissioner
Resolution was signed a$50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
• Resolution AMUSR-1353
Kerr-McGee Gathering LLC
Page 6
AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLC(Fort Lupton Compressor Station)
AMUSR-1353
1. The Request for an Amended Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and Services and one or more
microwave or other communication transmission or relay towers over seventy feet in height(120 foot
Radio Tower) in the A(Agricultural)Zone District and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
• 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. 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)
8. 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)
9. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site.
(Department of Public Health and Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
• (Department of Public Health and Environment)
Resolution AMUSR-1353
•
Kerr-McGee Gathering LLC
Page 7
12. Sewage disposal for the facility shall be by septic system. 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)
13. 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)
14. 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)
15. 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)
16. The tower located on the property is not permitted to allow for co-location due to security issues.
(Department of Planning Services)
17. The operation shall comply with all applicable rules and regulations of the Federal Communication
Commission (FCC). (Department of Planning Services)
18. The operation shall comply with all applicable rules and regulations of the Federal Aviation
• Commission, as applicable. (Department of Planning Services)
19. A building permit shall be obtained prior to the construction or placement of any structure. An
electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted
when applying for building permits showing all structures with accurate distances between structures,
and from structures to all property lines. (Department of Building Inspection)
20. A plan review is required for each building for which a building permit is required. 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. (Department of Building Inspection)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
22. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
23. Building wall and opening protection and limitations and the separation of buildings shall be in
accordance with the Building Code. Setback and offset distances shall be determined by the County
Code. (Department of Building Inspection)
24. Building height shall be measured in accordance with the 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.
Resolution AMUSR-1353
Kerr-McGee Gathering LLC
Page 8
25. 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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
26. Provide a letter of approval from Fort Lupton Fire Protection District prior to setting any equipment or
structures. (Department of Building Inspection)
27. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
28. 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)
29. The facility operates twenty-four(24)hours a day, seven(7)days a week. (Department of Planning
Services)
30. The Fort Lupton Compressor Facility is limited to ten (10) persons. (Department of Planning
Services)
31. All lighting on site shall be in compliance with Section 23-3-360.F of the Weld County Code, as
amended. (Department of Planning Services)
• 32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code, as amended. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code, as amended. (Department of Planning Services)
34. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
35. Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
• Resolution AMUSR-1353
Kerr-McGee Gathering LLC
Page 9
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand Bill Hall
Mark Lawley
Nick Berryman Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
•
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 15, 2008.
Dated the 15th of January, 2008.
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Donita May
Secretary
•
- 15-.zodg
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, January 15, 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, Hannah Hippely, Jacqueline Hatch, Michelle Martin, Roger Caruso,
Department of Planning Services; Richard Hastings, Don Carroll,David Snyder, Don Dunker, Department of
Public Works; Pam Smith,Department of Health; Bruce Barker, County Attorney,and Donita May,Secretary.
Robert Grand moved to approve the January 8,2008 Weld County Planning Commission minutes. Seconded
by Tom Holton. Motion carried.
CONSENT ITEMS
Yt
CASE NUMBER: 2n°AmUSR-468 5
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NW4, Section 14, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit
for Mineral Resource Development Facility including Oil and Gas Sport and
Service (Natural Gas Processing Facility and one or more microwave or
other communication transmission or relay towers over seventy(70)feet in
height in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 10; 1/4 mile east of CR 33.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. No Commissioners requested it be heard.
CASE NUMBER: AMUSR-1353
APPLICANT: Kerr-McGee Gathering LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 14, T2N, R66W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Amended Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including Oil and Gas Sport
Services and one or more microwave or other communication transmission
or relay towers over seventy feet in height(120 foot Radio Tower) in the A
• (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22 and approximately 1 mile east of CR 31.
1
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The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
• one wished to speak. No Commissioners requested it be heard.
CASE NUMBER: USR-1638
APPLICANT: Bartez LLC Go Daniel Glantz
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B, RE-3875 being part of the NE4 of Section 17,T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Industrial Zone
District(truck parking, maintenance and office)in the A(Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 22 and approximately 1/2 mile east of State Hwy
85.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. No Commissioners requested it be heard.
Robert Grand moved the Consent Agenda be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Nick Berryman seconded the motion. Motion carried.
Specific time for public input has been set aside for discussion on the following items:
HEARING ITEMS
•
CASE NUMBER: 2ndAMUSR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: NE4 of the SE4 and E2 of the NE4 of Section 30, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a 98,000
square foot milk processing plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR
13.
Hannah Hippely, Department of Planning, said 2ndAmUSR-1405 is an application by Aurora Dairy
Corporation,care of AGPROfessionals LLC,for a Site Specific Development Plan and Special Review Permit
for a 98,000 square foot milk processing plant in the A(Agricultural)Zone District.
The sign announcing this Planning Commission meeting was posted by staff December 5, 2007.
The property is located south of and adjacent to SH 66 and approximately one mile east of CR13.
The surrounding properties are all zoned agricultural. The majority of USRs in the area are for gravel mining
operations although there are others including a kennel, electric power lines, and sanitation facilities.
Twenty referral agencies reviewed this proposal. Fifteen responded and either stated that they did not have a
conflict with the use or expressed concerns that Staff has attempted to address through the Conditions of
Approval and Development Standards.
• Planning Staff has recommended the denial of this application due to its inconsistency with storm water
management requirements.
2
Hannah Hippely, Department of Planning, said the applicant had requested in a letter dated December 10,
• 2007, that this case be continued. Staff was recommending continuance to the February 19, 2008 hearing
date.
Tom Haren,AGPROFESSIONALS,4350 Hwy 66,Longmont,CO,applicant's representative,said they agreed
to a continuance subject to getting on the January 15, 2008 agenda rather than the February 19, 2008
agenda. He added that originally CDOT's referral did not have any comments and they were notified two
weeks ago by CDOT that they would like a traffic study. Mr. Haren said they have worked with Planning Staff
to settle on dates and the traffic study is well under way. They have commitments that the traffic study as well
as the storm water drainage study will be complete and adequate in time to meet the January 15, 2008
Planning Commission hearing date. Additionally,they have submitted a letter concurring with the continuance
subject to the availability of getting on the January 15, 2008 agenda.
Ms. Hippely expressed concern about the timeline and thought more time was needed for appropriate review
of the studies and receipt of necessary referral comments. Tom Holton asked if it was set for the January
15,2008 hearing date,could it not be continued again if necessary. Ms.Hippely said the alternative was that if
they do not have an adequate review of the studies and proceed on January 15,2008 without that information
included in the Staff review, the case may have to be continued.
Robert Grand asked Mr. Haren if he was comfortable they could meet the deadline. Mr.Haren responded he
was. He said they expect to have everything turned in and complete next week and was confident they could
meet the deadline prior to the January 15, 2008 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner said he felt comfortable with placing it on the January 15, 2008, and if necessary it could be
• continued again if Staff was not satisfied with the time given for review. Ms. Hippely added there were six
cases scheduled for the January 15, 2008 hearing.
Robert Grand moved that Case 2ndAMUSR-1405, be continued until the January 15, 2008 hearing. Tom
Holton seconded the motion. Motion carried.
CASE NUMBER: AMUSR-1353
APPLICANT: Kerr-McGee Gathering LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NW4 of Section 14,T2N, R66W of the 6th P.M.,Weld County,Colorado.
REQUEST: Amended Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including Oil and Gas Support Services and one or
more microwave or other communication transmission or relay towers over seventy
feet in height(120 foot Radio Tower) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22 and approximately 1 mile east of CR 31.
Jacqueline Hatch, Department of Planning Services, said Staff had requested a continuance to the January
15,2008 hearing date to allow for appropriate mineral notification. The applicant agreed to the continuance.
Tom Holton inquired about the number of cases presently on the January 15,2008 agenda. Ms.Hatch replied
this would bring the number to eight. Mr. Holton inquired about the possibility of moving it to the January 8,
2008 hearing in Greeley. Ms. Hatch said they would not have mineral notices complete by that date so it
needed to remain on the January 15, 2008 agenda.
Doug Ochsner pointed out there was a good chance this case would be on the consent agenda for the
January 15, 2008 hearing. Ms. Hatch concurred.
• Paul Branham moved that Case AMUSR-1353,be continued until the January 15,2008 hearing. Mark Lawley
seconded the motion. Motion carried.
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• The Chair read the Consent Agenda cases into the record and explained to the audience that two Planning
Commissioners must ask for a case to be removed from the Agenda for it to be heard. The public would be
given the opportunity to voice concerns prior to the Commissioner's decision.
CONSENT ITEMS
CASE NUMBER: USR-1626
APPLICANT: Jeff Seewald
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1710, part of the S2 SW4 of Section 6, T3N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(heavy duty truck and equipment repair)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 13 and approximately 1/4 mile north of CR 36.
Jacqueline Hatch, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1626 would remain on the consent agenda.
CASE NUMBER: USR-1630
APPLICANT: Rejoice Lutheran Church
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:Lot 5, Block 4, Ranch Eggs Subdivision, Filing 2, being a part of the NW4 of Section
34, T1 N, T68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a public and
• quasi-public building (Church)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Lowell Lane, approximately 1/2 mile east of CR 7 and
approximately 1/2 mile north of CR 2/Baseline Rd.
Jacqueline Hatch, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1630 would remain on the consent agenda.
CASE NUMBER: USR-1635
APPLICANT: Elaine Stuart& Larry Speer
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot 7, Block 66, 2nd Filing, Aristocrat Ranchettes, being part of the SW4 of Section
27, T2N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for accessory buildings with
gross floor area larger than four percent(4%)of the total lot area on a lot, part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to Barley Avenue and 1/4 mile east of CR 31.
Roger Caruso, Department of Planning, said Staff and the applicant requested this case remain on the
consent agenda. The Chair asked if there was anyone in the audience with a concern. No opposition was
voiced by any member of the audience. None of the Planning Commissioners voiced a concern. The Chair
said Case USR-1635 would remain on the consent agenda.
CASE NUMBER: USR-1636
• APPLICANT: Roger& Diane Andreason
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
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