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HomeMy WebLinkAbout20020056.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Fred Walker 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-1363 Planner: Lauren Light Applicant: Morning Fresh Farms 15121 Weld County Road 32 Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (Commercial Egg Farm, compost Sales, Wood Grinding Operation and Three Employee Residences) in the A(Agricultural)Zone District Legal Description: Pt. of Section 15, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 31; South of and adjacent to Weld County Road 34; West of and adjacent to Weld County Road 33; North of and adjacent to Weld County Road 32 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 ordinances in effect. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture."The farm is located in an area designated by the USDA Prime Farmlands Map as "Other" so prime fairground will not be taken out of production. The surrounding properties are mostly agricultural in nature so this facility is compatible with the adjoining land uses. A.Policy 1 states, "Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry."Morning Fresh Farms has been an approved use on this property since approximately 1970. A Site Specific Development Plan and Special Review Permit has been approved for a commercial egg facility since 1985 . 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 of the Weld County Code provides for Livestock Confinement Operations as a Use by Special Review in the A (Agricultural) Zone District. Poultry is defined as livestock in the Weld County Code and an operation which exceeds the number of birds allowed in the bulk requirements for the zoning district is defined as a Livestock Confinement Operation.The farm will consist of 3,200,000 layers and 800,000 replacement hens. The additional uses requested with this permit are directly associated with the operation of the poultry operation. The wood grinding operation supplies wood which is utilized in the composting operation. The compost operation utilizes poultry waste for the production of lawn and garden fertilizer. The resulting products from the composting are sold to garden centers, discount and grocery stores. Pet" g EXHIBIT Ik # 13103 2002-0056 Resolution USR-1363 Morning Fresh Farms Inc. Page 2 c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Uses within the area consist of crop production in all directions. Morning Fresh Farms owns the majority of adjoining land which significantly reduces the impact to surrounding properties. AMSUP-44 was approved by the Board of County Commissioners in 1985 for a commercial table-egg production complex. An additional amendment was approved in 1992 for a livestock confinement operation and composting facility. The Board determined that those uses were compatible with existing, surrounding land uses at the time those permits were reviewed. The Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated and provide for the health, safety and welfare of the citizens of Weld County. 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 Chapter22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site does not lie within the Urban Growth Boundary of any municipality but does lie within the referral area for the Town of Platteville. The Town's Planning Commission returned the referral response indicating no conflicts with their interests. e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. 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. The property is not indicated as having prime soils, as stated previously, and the use of a commercial egg facility has occurred on the property since 1970. 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. h. Section 23-4-710 -- The applicant shall comply with the additional requirements of the Livestock Feeding Performance Standards. 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 180 days of approval by the Board of County Commissioners.(Department of Planning Services) 2. Prior to recording: A. The plat shall be amended to delineate the following: Resolution USR-1363 Morning Fresh Farms Inc. Page 3 r 1. Conform to Section 23-2-260.D of the Weld County Code which refers to requirements for the special review permit plan map. 2. Indicate proposed landscaping as well as maintenance and replacement of dead or diseased plants. 3. A total of 40 feet from the centerline of Weld County Road 32 shall be delineated right-of-way on the plat. 4. A total of 30 feet from the centerlines of Weld County Roads 31 and 34 shall be delineated right-of-way on the plat. E. The applicant shall attempt to address the requirements(concerns)of The Platte Valley Soil Conservation District, as stated in the referral response received 11/15/01. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the residence located at 15103 WCR 32. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. Based upon information from the Environmental Protection Agency,vehicle wash facilities that dispose of waste water through a septic system are considered to be Class V injection wells and are prohibited. The facility shall provide evidence to the Weld County Department of Public Health and Environment that the septic system currently serving the vehicle wash facility has been appropriately permitted by the EPA or and alternate disposal system is constructed. Written evidence of approval from Weld County Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control (CAFO)Regulations and the additional requirements outlined below.This shall be demonstrated by submitting a comprehensive manure and waste water management plan for the proposed operation to the Weld County Department of Public Health and Environment for review and approval. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. This plan shall include, but not be limited to the following: (Department of Public Health and Environment) (1) Demonstration that all waste water collection, conveyance, and retention facilities are adequately sized and constructed to handle and retain the storm water run-off generated from a twenty-five year, twenty-four hour storm event. This shall be conducted by a Registered Professional Engineer. Resolution USR-1363 Morning Fresh Farms Inc. Page 4 (2) Demonstration that any existing or proposed waste water retention structure has been or will be constructed in accordance with the criteria described in the CAFO Regulations. The demonstration shall be conducted by a Registered Professional engineer. (3) A site map demonstrating the layout of the site. This should include the locations of all barns,structures,feed storage areas,any water courses through the property, lagoons, etc. (4) Demonstration that the facility has the ability to manage, dispose, and/or land apply manure and waste water at agronomic rates in accordance with the CAFO regulations. (5) The method that wastewater, produced from washing the interior of the barns,will be collected, treated, and/or disposed. Including a description of all containment features and any specific practices that will be incorporated to prevent a discharge from the facility. (6) Demonstration that adequate measures are in place to prevent any discharges except those which are allowed by the CAFO Regulations. (7) A surface contour map which demonstrates all surface water control features on the site. This should include surveyed surface elevations, indicate flow direction , run-on control features, etc. (8) A description of the types of records that will be maintained on the facility, as required by the CAFO Regulations. (9) Other necessary measures which are required in order to comply with the CAFO Regulations. F. In accordance with CAFO,the applicant shall submit the facility's manure and waste water management plan to the Colorado Department of Public Health and Environment for review and comment. Written evidence of review from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. A dust abatement plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) H. A fly control plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) An odor control plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) /" Resolution USR-1363 Morning Fresh Farms Inc. Page 5 J. Provide evidence to the Weld County Department of Public Health and Environment that the existing Emissions Permit has been appropriately modified for the expanded facility. Written evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. Provide written justification to the Department of Public Works for utilization of an additional access for the feed mill/grain storage area. Written evidence of approval from the Department of Public Works shall be submitted to the Department of Planning Services. (Department of Public Works) L. The applicant shall address the concerns of Kerr-McGee Rocky Mountain Corporation as stated in the response received 12/6/01. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 3. 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) r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MORNING FRESH FARMS USR-1363 1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement Operation(Commercial Egg Farm,Compost Sales,Wood Grinding Operation and Three Employee Residences)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. Adequate restroom facilities shall be provided for employees and customers. (Department of Planning Services) 4. Hours of operation for compost sales and wood grinding shall be from sunrise to sunset, Monday through Saturday. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. (Department of Planning Services) 5. Fugitive dust shall be controlled on this site. At all times,the facility shall be operated in accordance with the control measures described in the Management Plan for Nuisance Control,dated February 19, 2001. (Department of Public Health and Environment) 6. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to �-. Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),at this site. (Department of Public Health and Environment) 8. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and, Section 23-4-710 of the Weld County Code, as amended. (Department of Public Health and Environment) 9. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of Public Health and Environment) 10. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Public Health&Environment. (Department of Public Health and Environment) 11. The facility shall not discharge run-off or other waste waters to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. (Department of Public Health and Environment) 12. Wood shavings, sawdust and waste material, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment, Department of Planning Services) 13. The applicant shall remove and handle manure and waste water from the poultry houses in a manner that will prevent nuisance conditions. In no event shall the facility impact or degrade waters of the State in violation of the Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Department of Public Health and Environment) Resolution USR-1363 Morning Fresh Farms Inc. Page 2 14. The facility shall be operated in accordance with the approved odor abatement plan. 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 judgement of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 15. A spillage retention berm shall be required around any fuel container with a volume greater than 50 gallons. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. (Department of Public Health and Environment) 16. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance,at all times,with the approved fly control plan. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies(which can be determined to be associated with the facility)are in such a number to be considered a nuisance condition. The plan shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly (associated with facility)complaints, and in the judgement of the Weld County Health Officer,there exists a fly condition requiring abatement. (Department of Public Health and Environment) 17. Any septic system located on the property must comply with all provisions of the Weld County Individual Sewage Disposal System Regulations. (Department of Public Health and Environment) 18. There shall be no burning conducted at the site,with exception to burning defined as"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations. (Department of Public Health and Environment) 19. The facility shall attempt to assure that any individual, corporation, etc.that removes manure from the property has the ability to manage the manure to prevent nuisance conditions and has the ability to comply with any Local, State, or Federal rules. The facility shall provide an accurate analysis of the nutrient content of any manure produced on the property to any individual,corporation,etc.that removes the manure from the site. (Department of Public Health and Environment) 20. The facility shall contract with a commercial waste hauler to dispose non-agricultural wastes. (Department of Public Health and Environment) 21. The facility shall only compost manure that is generated on the facility. This is not meant to include the addition of bulking materials such as wood chips, straw, etc. that is necessary for the composting process. (Department of Public Health and Environment) 22. The operation shall be operated in compliance with the conditions of approval for the substitute water supply plan as set forth in the July 27, 1992 letter from the Office of the State Engineer, Division of Water Resources, and shall be operated in compliance with the subsequent plans and permits approved by the State Engineer's Office. (Department of Planning Services) 23. If required by the Colorado Department of Health and the Weld County Environmental Protection Services Division,the facility shall provide protection under the compost piles so that leachates do not infiltrate through the surface of the ground and contaminate any groundwater table which may exist below the facility. (Department of Planning Services) 24. The facility shall be sufficiently designed to control run-on and run-off of any precipitation and/or flood waters which would be associated with a significant precipitation event. All run-off which is accumulated on the site shall be diverted to a lined containment pond and the contaminated water shall be disposed of in a manner which protects against contamination. The containment pond shall be protected by a berm around the outside so that flood waters cannot run onto the pond and combine with the polluted waters associated with the composting facility itself. (Department of Planning Services) Resolution USR-1363 Morning Fresh Farms Inc. Page 3 25. After October 1, 1992,all construction activities that disturb more than five(5)acres of ground shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. (Department of Planning Services) 26. All future water lines supplying fire department outlets shall be a minimum of four inches in size. (Department of Planning Services/Fire District) 27. No parking or staging of vehicles or equipment shall be allowed on the Weld County Roads adjacent to the facility either during construction or operation of the facility. Utilize on-site parking areas. (Department of Public Works, Department of Planning Services) 28. Access to the feed mill/grain elevator shall be restricted to internal access. (Department of Public Works) 29. The access lane and off-street parking spaces shall be surfaced with gravel, asphalt, concrete, or equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 30. A building permit shall be obtained prior to any construction of any building. A building permit may be required for any change in the use of any building. (Department of Building Inspection) 31. A plan review will be required for all buildings. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. (Department of Building Inspection) 32. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection) 33. Each building 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) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 36. Personnel from the Weld County Departments of Public Health and Environment,Public Works and Planning Services 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. 37. 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. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Stephan Mokray. Resolution USR-1363 Morning Fresh Farms Inc. Page 4 VOTE: For Passage Against Passage Michael Miller Cristie Nicklas Cathy Clamp Fred Walker Stephan Mokray John Folsom Luis Llerena Bruce Fitzgerald The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, 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 December 18, 2001. Dated the 18th of December, 2001. Voneen Macklin Secretary consist of non agricultural related items. The ordinance states that it must be screened from public rights-of- way or adjoining properties. Mr. Schaal added that he has already started the process of getting the owners of the vehicles to pick them up. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Cristie Nicklas moved that Case Z-565, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker, yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE NUMBER: Z-566 APPLICANT: Guy Jensen PLANNER: Lauren Light LEGAL DESCRIPTION: Lot B of RE-2303; Pt. of the E2 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agricultural)to E (Estate). LOCATION: West of and adjacent to WCR 23;north of and adjacent to WCR 14 Y2. Lauren Light, Department of Planning Services presented Case Z-566, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application. Kurt Goble, agent for the applicant, addressed the mineral owners issues. Mr. Goble stated that they are in contact with both of them and he does not anticipate any problems with completing the agreements with either entity. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Folsom asked Drew Scheltinga, Department of Public Works, about the WCR 14.5 road status being collector or not. Mr.Scheltinga stated that he thought WCR 14.5 is a local on the present plan. Mr. Fitzgerald asked about the ditch being impacted if the right-of-way is expanded. Mr. Goble stated that the ditch being referred to is primarily for Lot 1 and some drainage issues. Mr.Scheltinga stated that it is not an uncommon situation to obtain the ditch with the policy being to relocate the ditch at the county expense. Cristie Nicklas moved that Case Z-566, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker, yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE NUMBER: USR-1363 APPLICANT: Morning Fresh Farms, Inc. PLANNER: Lauren Light LEGAL DESCRIPTION: Part of Section 15, T3N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (Commercial Egg Farm, Compost Sales,Wood Grinding Operation,and Two(2)Employee O Residences)in the A(Agricultural)Zone District. LOCATION: East of and adjacent to WCR 31; south of and adjacent to WCR x o[ g 34; west of and adjacent to WCR 33; north of and adjacent to WCR 32. Lauren Light, Department of Planning Services presented Case USR-1363, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Fred Otis, attorney for Morning Fresh Farms Inc., stated that Ms. Light had done a great job in covering the pertinent information and he will be happy to answer any questions. Ms. Clamp asked about the status with coal interest. Mr. Otis stated that he had not received any notification from the mineral owners so there has been no contact with them. Mr. Otis stated that he would like to see a change to Condition of Approval#2L to state that the applicant will comply with the County and State Oil and Gas regulation setbacks. Mr. Otis discussed the new laws with regard to notification and coming to an agreement with the Mineral Owners. He does not believe that an agreement should have to be made but the attempt to address the concerns. The Mineral owners have acquired a"friend in the Counties"that enables them leverage for acquiring benefits from developers. Mr. Morrison stated that it should be present in the record that if an agreement cannot be made with the Mineral owners prior to the Board of County Commissioners that they would need to be present to identify the issues of that agreement. Cristie Nicklas asked staff and Mr. Morrison about the applicant being required to find out who the mineral owners are and if they are not notified already. Mr. Morrison stated that Weld County has in place a notification process as well as the state. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Fred Walker moved that Case USR-1363, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes; Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker, yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE: County Code 2001-XX APPLICANT: Town of Ault/Weld PLANNER: Robert Anderson REQUEST: Request for a Intergovernmental Agreement located on a parcel of land described as Sections 11, 12, 13, 14, T7N, R66W of the 6th PM, Weld County Colorado Robert Anderson, Department of Planning Services presented Case County Code 2001-XX, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application. Bruce Barker interjected that on the notice that decisions on zoning and development plans are still made by the county commissioners. This agreement contains a difference with reference to urban development, this includes reference to cental water including permanent septic systems. The previous agreements included public water and sewer but the Town of Ault desired the flexibility with regard to septic system issue. Stan Kass, mayor of Ault, provided clarification with regard to the IGA and the flexibility of accepting septic systems into the town when annexed. /^ Cristie Nicklas asked the publication of the notice. Mr. Kass stated that it was published once in the North Weld Herald paper along with the mailing of a letter to the surrounding property owners. Cathy Clamp asked about the size of the Urban Growth Boundary and does the town feel that they can service that size of the boundary. Mr.Kass stated that with the additional developments that are on the table Hello