HomeMy WebLinkAbout20070895.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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-1588; to include SUP-314, SUP-317, SUP-360, USR-707 &
AmUSR-707.
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4 of Section 34 and part SE4 Section 33, T2N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A (Agricultural)Zone District and any use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone District (Truck Terminal and
Truck Transport Facility).
LOCATION: North of and adjacent to CR 14 and east and west of and adjacent to CR
19.
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 22-5-100.8
(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
a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck
Terminal and Truck Transport Facility) in the A (Agricultural)Zone District is a newly
numbered USR which includes:
❑ SUP-314 for the Natural Gas Processing Facility identified as the Spindle Plant
approved by Board of County Commissioner resolution in 1976 for Amoco
Production Company identified as DEFS Parcel 1;
❑ SUP-317 for a natural gas compressor station utilized in conjunction with the
Spindle Plant previously approved by Board of County Commissioner resolution
in 1976 for Colorado Interstate Gas (CIG), to include land identified as Tract C;
❑ SUP-360 for the expansion of the Amoco Production Company to include land
identified as Tract A and Tract B was approved by Board of County
Commissioner resolution in 1978;
EXHIBIT
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Resolution USR-1588
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❑ USR-707 for a Natural Gas Compression and Liquids Trucking Facility approved
by Board of County Commissioner resolution in 1985 for Natural Gas Associates,
Inc. and AmUSR-707 for the parking of trucks and equipment associated with the
Liquids Trucking Facility. The amendment was approved by Board of County
Commissioner resolution in 1994 for Associated Natural Gas, Inc.
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 material distribution system and upgrades as
required by the Oil and Gas Commission for regulatory compliance. These modifications
will not increase truck trips per day. Further, the new application was required by the
Department of Planning Services due to a change in ownership of the facility.
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.A.2 of the Weld County Code provides for
Mineral Resource Development Facility including a Natural Gas Processing Facility and
any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility)
as a Use by Special Review 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 property is sited mid slope to the surrounding land
form. To the north, east and south are agricultural lands with oil and gas encumbrances
and single family residences; to the west in the south half of the section is the corporate
city limits for the Town of Frederick, in the north half of the section adjacent to County
Road 17 are broadcast towers permitted under USR-776 and USR-1508; adjacent to
County Road 19 is a trucking facility for Hamilton Farms permitted under USR-787.
There are nine property owners within five hundred feet of this facility. One letter dated
December 11, 2006 was received from a surrounding property owner expressing
concerns specific to on-site lighting and the screening of vehicles from adjacent
properties and public rights-of-way. 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 within the three mile referral area of the City of
Dacono and the Town of Frederick. The City of Dacono returned a referral dated October
26, 2006 indicating no conflict with their interests; the Town of Frederick returned a
referral dated November 13, 2006 indicating that the facility is located within the Town's
Planning Area and is eligible for annexation. The Town further states, given that the
facility is existing and includes only modernization upgrades, annexation of the property
will not be required at this time. The Town further states that in light of the limited scope
of improvements to the existing facility, the Town requests that the improvements adhere
to the Town's Land Use Code which addresses fencing requirements, down cast lighting,
landscape treatment, and adherence to all state noise and air quality requirements.
Conditions of Approval and Development Standards ensure that there are adequate
provisions in place to address the concerns of the Town of Frederick.
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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 Airport Overlay District. The Greeley Weld County
Airport Authority returned a referral indicating no conflict with their interests. The facility is
not within the Geologic Hazard or Flood Hazard Overlay District. 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 Duke Energy Field Services Division in 1991. Previous to this acquisition the facility was
permitted and operated either by Amoco Production Company, Colorado Interstate Gas or
Natural Gas Associates, Inc. for approximately twenty-five years.
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 Scheduling the Board of County Commissioner's hearing, the applicant shall:
A. 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)
B. Submit a Sign Plan to the Department of Planning Services,for all Facility identification signs,
including location and size. (Department of Planning Services)
C. Submit written evidence to the Colorado Department of Transportation and to the Department
of Planning Services, that the facility will not increase traffic by more than 20 percent at the
intersection of County Road 17 and State Highway 52. (Colorado Department of
Transportation)
2. 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. The plat shall be labeled USR-1588. (Department of Planning Services)
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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 shall be screened from adjacent properties, and the
public rights-of-way. (Department of Planning Services)
5. The approved Sign Plan for all Facility identification signs. (Department of Planning
Services)
6. County Road 19 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional 10 feet shall be delineated on the plat
as future County Road 19 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. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of Public
Works)
7. County Road 14 is designated on the Weld County Road Classification Plan as a
local gravel road,which require 60 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
8. The application and the aerial view reflect eleven existing accesses to the Spindle
Plant and Truck Loading Facility. The main parking lot and adjacent office access for
the Spindle Plant Facility shall be from County Road 14. The Truck Loading Facility
shall utilize the existing access points off of County Road 19. The applicant shall
continue to utilize all existing parking lots and the established circulation within all
parcels associated with this facility. (Department of Public Works)
9. The screened trash enclosure for the facility. (Department of Planning Services)
10. The location of existing Central Weld County Water District six (6) inch water main
and the location of the high hazard backflow prevention devices and meter vaults.
(Central Weld County Water District)
11. The location of the vents each one hundred (100) feet above the existing Central
Weld County Water District waterline along the entire length of the facility adjacent to
County Road 19. (Central Weld County Water District)
12. 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)
D. The applicant shall provide current evidence to the Department of Public Health and
Environment and the Department of Planning Services that the facility has an adequate water
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Resolution USR-1588
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supply (i.e., well or community water system). (Department of Public Health and
Environment)
E. 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, Colorado Department of
Health and Environment to the Department of Public Health and Environment. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
F. The applicant shall submit an odor abatement plan for all Mercaptan storage or injection sites
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)
G. 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)
H. In the event any of the vehicle maintenance shop(s) are equipped with a floor drain the
following shall apply:
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:
A. A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
B. A list of the type and volume of chemicals expected to be stored on site.
C. 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)
The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence that they are not subject to the EPA Class V requirements.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
J. The applicant shall address the concerns of the Department of Public Works as outlined in
their referral dated November 17, 2006. Truck parking and loading facilities should be
adequately graveled and should be graded to prevent drainage problems.Written evidence of
approval by the Department of Public Works shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
K. The applicant shall address the concerns of the Central Weld County Water District as
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Resolution USR-1588
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outlined in their referral dated November 1, 2006. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
L. The applicant shall request from the Board of County Commissioners a petition to vacate
SUP-314; SUP-317, SUP-360; USR-707 and AmUSR-707. (Department of Planning
Services)
M. The applicant shall address the concerns of the Town of Frederick as outlined in their referral
dated November 13, 2006. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
N. 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)
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 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)
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. 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(c�co.weld.co.us. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
7. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUKE ENERGY FIELD SERVICES
USR-1588
1. The Request for a Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility and any use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone
districts (Truck Terminal and Truck Transport Facility) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
4. 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. The applicant shall operate in accordance with the approved"odor abatement plan". (Department of
Public Health and Environment)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. 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)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(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. 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)
15. The applicant is required to comply with all Colorado Department of Health and Environmental
(CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on
site. (Department of Public Works)
16. The applicant is required to comply with all Colorado Department of Health and Environment,
Water Quality Control Division regulations regarding storm water quality permitting and protection
and construction storm water discharges. (Department of Public Works)
17. A building permit will be required for all new buildings on site. A building permit will also be
required for additional equipment that will require a foundation. (Department of Building
Inspection)
18. A plan review is required for each building. Plans will require the wet stamp of a Colorado
registered architect or engineer. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
20. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. (Department of Building Inspection)
21. Provide letter of approval from Fort Lupton Fire Protection District prior to applying for building
permits. (Department of Building Inspection)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Fee Program. (Department of Planning Services)
23. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
24. The facility operates twenty-four(24) hours a day, seven (7) days a week as stated in the
application materials. (Department of Planning Services)
25. The Spindle Plant Facility is limited to five (5) full-time employees as stated in the application
materials. (Department of Planning Services)
26. The Spindle Plant Facility is limited to fifteen (15) trucks per day as stated in the application
materials. (Department of Planning Services)
27. The Truck Terminal and Truck Transport Facility is limited to one (1) full-time employee as stated
in the application materials. (Department of Planning Services)
28. The Truck Terminal and Truck Transport Facility is limited to ten (10) trucks per day as stated in
the application materials. (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. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Operation Standards
8
of Section 23-2-250, Weld County Code. (Department of Planning Services)
31. 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)
32. 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. (Department of Planning Services)
33. 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)Motion seconded by Bruce Fitzgerald.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
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 February 20, 2007.
Dated the 20th of February, 2007.
Donita May
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 20, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Bruce Barker, Kim Ogle, Brad Mueller, Jacqueline Hatch, Michelle Martin, Don Carroll, Char
Davis, Donita May and Kris Ranslem.
The summary of the last regular meeting of the Weld County Planning Commission held on February 6,2007,
was approved as amended. Bruce Fitzgerald had a correction to the minutes at the top of page five. He said
he had recused himself from Case USR-1593, not because he was related to the applicant as the minutes
stated, but because he had advised the applicant with her application. Paul Branham motioned to approve the
minutes as amended. Bruce Fitzgerald seconded. Motion carried.
The Chair called Jacqueline Hatch, Department of Planning Services, who said Planning Services and the
applicants for Case 3rd AmUSR-1002,were asking their application be pulled from the Consent Agenda and
be heard last under the Hearing Items.
Bruce Fitzgerald moved that 3rdAmUSR-1002 be pulled from the Consent Agenda and heard today after the
fourth hearing item. Doug Ochsner seconded. Motion carried.
CONSENT ITEMS
1. CASE NUMBER: USR-1588; to include SUP-314, SUP-317, SUP-360, USR-707 &
Am USR-707.
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4 of Section 34 and part SE4 Section 33, T2N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A(Agricultural)Zone District and any
use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District
(Truck Terminal and Truck Transport Facility).
LOCATION: North of and adjacent to CR 14 and east and west of and
adjacent to CR 19.1. z
da
s
Kim Ogle, Department of Planning Services, said they were requesting this case remain on the Consent
Agenda. As there was no one in the audience wishing to speak regarding Case USR-1588, the Chair rea•
the next case into the record.
144
`:(S\Y�.IYlu,1t eA7cG-h.,-1 3-5- aco7 1
2. CASE NUMBER: USR-1591
APPLICANT: Gib Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part E2 of the NE4 of Section 7, T2N, R66W' of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts (out
door storage for trucks, trailers, recreational vehicles, boats and
equipment) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 22.5 and east of and adjacent to CR
25.5.
Michelle Martin, Department of Planning Services, said they were requesting this item remain on the
Consent Agenda. As there was no one in the audience wishing to speak regarding Case USR-1591, the
Chair asked if there was a motion on the floor.
Doug Ochsner moved that Case USR-1588 and Case USR-1591 on the Consent Agenda,be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion:
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
HEARING ITEMS
3. CASE NUMBER: 2007-XX
APPLICANT: Weld County/Town of Hudson
PLANNER: Brad Mueller/Bruce Fitzgerald Barker
LEGAL DESCRIPTION: Various Sections (Town of Hudson), Weld County, Colorado.
REQUEST: Amendment to Hudson/Weld Coordinated Planning Agreement
(Intergovernmental Agreement).
LOCATION: Various Sections, Weld County, Colorado.
Brad Mueller, Department of Planning Services, briefly described the request by the Town of Hudson and
said Hudson had recently received a couple of annexation requests, one for a prison located to the
northwest and another for a business to be located to the southwest along 1-76. The change requested by
Hudson to the IGA(Inter Governmental Agreement) between Hudson and Weld County modifies the
boundaries shown in the current Code. Presently Weld County and Hudson enjoy an IGA that defines a
couple of areas; one of which presently defined a UGB (Urban Growth Boundary)and said lands inside
those areas were generally encouraged for urban development and the County would discourage non-
urban levels of development and refer those to Hudson for annexation consideration. Beyond that line
was another area that encouraged non urban development. The change could be characterized as a
technical amendment. Those areas included a half section almost due north of Hudson in Section 26 and
a small section southwest within the Town limits in Section 21 just to the west of 1-76. Department of
Planning Service's staff was recommending approval.
Bruce Barker, County Attorney, added that whenever they have had requests for an amendment, they
usually amend the agreement already in place, then both entities would sign off, and finally the Code
would be modified. Both processes were occurring with this application at once; the approval by the
Board of County Commissioners, and the changes being made to the Code. The changes to the Code
would be only to the map and the appendix would show a new map that would include the new areas
recently annexed.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 16, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Chad
Auer, at 1:30 p.m.
T
ROLL CALL ABSENT -. ,
Chad Auer- Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Bruce Barker, Michelle Martin, Don Carroll, Char Davis, Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held on January 2,2007,
was approved as read. Bruce Fitzgerald motioned to approve the minutes. Tom Holton seconded.
The Chair said USR-1589 was scheduled for the consent agenda and asked if there was anyone in the
audience who wished to speak for or against this application. No one wished to speak.
1. CASE NUMBER: USR-1589
APPLICANT: Roland &Theresa Wagner
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-501; being part of the NW4 of Section 21, Ti N,
65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Home Business (building portable livestock shelters) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 41 and south of CR 8.
Bruce Fitzgerald moved to approve the consent agenda, including Case USR-1589, and be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Doug Ochsner seconded the motion. Motion carried.
2. CASE NUMBER: USR-1588; to include SUP-314, SUP-317, SUP-360, USR-707 &
Am USR-707.
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4 of Section 34 and part SE4 Section 33, T2N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A(Agricultural)Zone District and any
use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District
(Truck Terminal and Truck Transport Facility).
LOCATION: North of and adjacent to CR 14 and east and west of and
adjacent to CR 19.
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Michelle Martin, Department of Planning, said in a letter dated January 15, 2007, the applicant's were
requesting USR-1588 be continued to the February 6, 2007 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Patrick Groom, attorney and the applicant's representative, said they had requested a continuance because
the planner assigned to the case,Kim Ogle,was out of town due to a family emergency. Mr.Groom said their
concern was with possible objections and that since Mr. Ogle was most familiar with the project and that was
the reason for the request for continuance to February 6, 2007.
Bruce Fitzgerald said he was inclined to pull this case from the consent agenda. Ms. Martin said there were
presently three cases scheduled for the February 20, 2007 Planning Commission hearing, and seven for the
February 6, 2007 Planning Commission hearing.
Mr. Holton expressed his concern for public participation if USR-1588 were moved to the Greeley hearing
location. Ms. Martin said that if the case were moved to Greeley, it would remain on the consent agenda. The
Chair asked if it were to remain on the consent agenda,could it not remain on there today. Ms. Martin replied
it was due to the applicant's request that the case be heard when Kim Ogle was available.
Mr. Groom said they were prepared to proceed today but would request it wait until Mr. Ogle was available,
since he was most familiar with and knowledgeable about the case.
Bruce Fitzgerald said he had questions and his inclination would be to pull it from the consent agenda.
Erich Ehrlich moved that Case USR-1588, be continued to the February 20, 2007 Planning Commission
hearing. Torn Holton seconded the motion. Motion carried.
3. CASE NUMBER: USR-1579
APPLICANT: Annette Hunt
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-1546; being part of the NW4 NE4 of Section 29,
Ti N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a business permitted as a use by right or accessory use in the
Commercial or Industrial Zone District(welding shop) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 6 and west of CR 29.
Michelle Martin, Department of Planning Services, said the applicants were requesting a Site Specific
Development Plan and a Special Review Permit for a business permitted as a use by right or accessory
use in the Commercial or Industrial Zone District (welding shop) in the A (Agricultural)Zone District.
The sign announcing the Planning Commissioners hearing was posted Nov. 1, 2006 by Planning Staff
The site is located South of and adjacent to County Road 6 and West of County Road 29
The property is in violation and was presented to the Board of County Commissioners through a violation
hearing on 7/11/06. At the hearing, the Board of County Commissioners referred this case to the County
Attorney for immediate legal action. Furthermore, the Board of County Commissioners determined that
the use was not allowed to continue until a USR application was approved. Upon approval of the USR the
violation will be closed. If denied, staff would request that thirty(30) days be allowed for all business
equipment and storage to be completely removed from the property before proceeding with legal action in
District Court.
The surrounding property to the north, south, east and west is primarily agricultural. The Department of
Planning Services had received three complaint letters from surrounding property owners. In the letters
dated 9/21/06, 10/30/06 and 11/21/06, it stated that they were concerned with the following: traffic on
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