HomeMy WebLinkAbout20012389.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution,with changes to Condition of Approval#2,and changes
to Development Standards #10 and 17, 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: 2nd AMUSR-488
PLANNER: Sheri Lockman
APPLICANT: Mobile Premix Concrete, Inc., 1590 W. 12'Avenue, Denver, CO 80204
REQUEST: A Site Specific Development Plan and a Special Review Permit for a mineral resource
development facility (Open pit mining and materials processing along with an asphalt
mixing plant) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the S2 of Section 16 and the N2 of Section 21, T2N, R68W of the
6th P.M., Weld County, CO.
LOCATION: West of Weld County Road 7 & south of and adjacent to Weld County Road 20 ''A
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. Section 22-5-80 (CM. Goal 2) states,
"Promote the reasonable and orderly development of mineral resources."
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.of the Weld County Code provides for open pit mining and
materials processing and asphalt batch plants subject to 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.Adjacent properties are agricultural in nature.The residences most
affected by this application are located at the southeast corner and east of the site.Planning
Staff is requesting a Landscape and Buffering Plan to minimize the impact on these existing
homes.
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 lies within the Intergovernmental Agreement area of the Towns of
Firestone and Frederick. Neither the Town of Firestone or Frederick returned a referral
response. The site is within the three mile referral area of Boulder County and the City of
Longmont. Both Boulder County and the City of Longmont indicated no conflicts with their
interests.The site lies within the Mixed Use Development area. Future development of the
site will be required to comply with all rules and regulations listed in Chapter 26 of the Weld
County Code. EXHIBIT
2001-2389
1,44,4,n1Lien
RESOLUTION, 2N°AMUSR-288
Mobile Premix Concrete
Page 2
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. Effective December 1, 1999, Building Permits issued on the lot will be required to
adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. Further
a portion of the property lies within the 100 year flood plain. Conditions of Approval and
Development Standards have been included to ensure the operation will comply with
County Flood Hazard requirements.
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 proposed site is
designated"Other"and"Irrigated land,not prime"by the USDA Soil Conservation Services.
No prime agricultural land exists on the site
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. Chapter 23, Division 4 --Additional requirements for open mining have been addressed
through this application and the Development Standards will insure compliance with
Chapter 23, Division 4 of the Weld County Code.
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 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to the Board of County Commissioners hearing:
A. The applicant shall submit a Traffic Impact Study to the Weld County Department of Public
Works for review and approval.The study shall include a description of the project,vehicle
trip generation and distribution, verification of adequate acceleration, deceleration and
storage facilities at all impacted intersections, review of bridge capacity, intersection level
of service analysis for existing and proposed conditions and recommendation for needed
upgrades to transportation infrastructure to support the development. Evidence of Weld
County Department of Public Works approval shall be submitted to the Weld County
Department of Planning Services (Department of Public Works)
B. The applicant shall submit a letter from the United States Department of the Interior, Fish
and Wildlife Services indicating if surveys will be required for the Ute Ladies-tresses orchid.
If a survey is required the survey will be conducted and submitted to the Department of
Planning Services. If the Ute Ladies-tresses orchid is found at the site, mitigation
techniques approved by the United States Department of the Interior, Fish and Wildlife
Services shall be submitted to the Department of Planning Services. (Department of
Planning Services)
RESOLUTION, 2N°AMUSR-288
Mobile Premix Concrete
Page 3
C. The applicant shall submit evidence to the Department of Planning Services indicating that
the United States Department of the Interior, Fish and Wildlife Services has eliminated the
site as a possible Preble's Meadow Jumping Mouse habitat. If the Preble's Meadow
Jumping Mouse is found at the site, mitigation techniques approved by the United States
Department of the Interior,Fish and Wildlife Services shall be submitted to the Department
of Planning Services. (Department of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) An additional twenty (20) feet of right-of-way dedication adjacent to the subject
property next to Weld County Road 20.5 to accommodate acceleration and
deceleration lanes associated with the new access point onto Weld County Road
20.5. (Department of Public Works)
2) The applicant has indicated that drainage around the proposed structures will be
diverted into the settling and de-watering ponds. Any discharge point shall be
identified on the plat. (Department of Public Works)
3) The approved Landscape and Buffering Plan. (Department of Planning Services)
4) An accurate legal description. (Department of Planning Services)
5) The property located in Section 17 shall not be included in the permit. (Department
of Planning Services)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed, including the
facility name, address, and phone number. (Department of Public Health and
Environment)
C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health
and Environment, Environmental Health Services Division. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
D. If applicable,the applicant shall amend the existing Emission Permit for the modification in
the operation if the Colorado Department of Public Health and Environment determines that
such a modification represents a significant change in emissions or production. Evidence
that the applicant has met this criteria to the satisfaction of the Weld County Department
of Public Health and Environment shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
RESOLUTION, 2ND AMUSR-288
Mobile Premix Concrete
Page 4
E. If necessary, the applicant shall amend the existing CPDS Permit from the Water Quality
Control Division of the Colorado Department of Health.Evidence that the applicant has met
this criteria to the satisfaction of the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
F. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health and Environment.The Environmental Health Division
of the Weld County Department of Public Health and Environment was unable to locate a
septic permit for the existing septic system that served a residence (that has since burnt
down) located in the northeast part of this USR. Any existing septic system which is not
currently permitted through the Weld County Department of Public Health and Environment
will require an I.S.D.S. evaluation prior to the issuance of the required septic permit. In the
event the system is found to be inadequate, the system must be brought into compliance
with current I.S.D.S. regulations. Evidence of approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
G. The applicant shall submit plans to the Mountain View Fire Protection District for the
installation of flammable or combustible liquid storage or dispensing, either temporary or
permanent. Evidence of Mountain View Fire Protection District approval of all Uniform Fire
Code issues shall be submitted to the Weld County Department of Planning Services.
(Mountain View Fire Protection District)
H. The operator shall furnish evidence that he or she is insured to the extent of not less than
one hundred thousand dollars ($100,000.00) against liability for any negligent act or
omission by the operator from the operation or maintenance of the sand and gravel pit and
the extraction and production of sand and gravel and all activities connected with or
incidental thereto. (Department of Planning Services)
The applicant shall submit a Landscape and Buffer Plan to the Weld County Department
of Planning Services for review and approval.The Plan shall address buffering the impact
to the adjacent residences. (Department of Planning Services)
4. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld County
Building Inspection Department. (Department of Building Inspection)
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)
RESOLUTION, 2ND AMUSR-288
Mobile Premix Concrete
Page 5
Motion seconded by John Folsom.
VOTE:
For Passage Against Passage
Gristle Nickles
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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, Wendi Inloes, 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 July 17, 2001.
Dated the 17th July, 2001.
(I
Ul2.,td
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mobile Premix Concrete, Inc.
2nd AMUSR-488
1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development
facility(Open pit mining and materials processing)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.) 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. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust control plan.The facility shall have
sufficient equipment available to implement appropriate dust control.Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
10. Portable toilets may be utilized on sites that are temporary locations at the working face and
portable processing equipment, etc. for up to six months at each location. (Department of Public
Health and Environment)
11. The facility shall utilize the existing public water supply(Left Hand Water District). (Department of
Public Health and Environment)
12. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing
and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations
of the Water Quality Control Commission and the Environmental Protection Agency. (Department
of Public Health and Environment)
13. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
14. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash
away during flooding shall be securely anchored and adequately flood proofed to avoid creation of
a health hazard. (Department of Public Health and Environment)
15. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
16. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 1. (Department of Planning Services)
17. The off-street public parking spaces at the main office parking lot, including the access drive, shall
be surfaced with asphalt,concrete or equivalent,and shall be graded to prevent drainage problems.
(Department of Public Works)
18. The applicant shall adhere to all legal load limits for restricted bridges.(Department of Public Works)
19. The operation shall comply with all applicable rule and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations from the Department of Labor
and Employment, Oil Inspection Section. (Department of Public Health and Environment)
21. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
22. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
23. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable.(Department
of Planning Services)
24. The operation shall comply with all operations policies listed in Section 23-4-290 of the Weld County
Code. (Department of Planning Services)
25. In accordance with Section 23-2-200.E of the Weld County Code,if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3)consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review.
If the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
26. The asphalt mixing plant shall be located no closer than one-fourth mile to any residence on
adjoining properties. (Department of Planning Services)
27. Portable fire extinguishers rated 20ABC shall be provided at the truck loading area,near the burner
end of the aggregate dryer and the mixing plant controls within easy reach of the plant operator.
(Department of Planning Services)
28. All sand and gravel operations shall be conducted during the hours of daylight except in the case
of public or private emergency, or to make necessary repairs to equipment. This restriction shall
not apply to operation of administrative and executive offices or repair facilities located on the
property. (Department of Planning Services)
29. The Landscape and Buffering Plan shall be maintained in accordance with the approved Plan.
(Department of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Departments of Public Health and Environment 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.
33. 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.
34. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 5
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Jack Epple,yes; Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,yes.
Motion carried unanimously.
— CASE NUMBER: 2n°AMUSR-488
APPLICANT: Mobile Premix Concrete, Inc.
PLANNER: Sheri Lockman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility (Open Pit Mining and Materials Processing along with an Asphalt
Mixing Plant) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of WCR 7 and south of and adjacent to WCR 20 '/2.
Sheri Lockman, Department of Planning Services, presented Case 2n° AmUSR-488, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the amendments to the Conditions of Approval and Development
Standards.
Julie Goettemoeller, representative,added that the site has been permitted as a gravel site since the early
1980's,and they are here today due to substantial changes occurring on the site. Ms.Goettemoeller stated
that most of the Conditions and Standards they are agreeable to, with exception of the time frame set on
some of the conditions,as they would like to get their scale house in as soon as possible. Their main issue
is with the traffic study being required by Public Works. They are willing to put accel/decel lanes in right
now, but to do a new traffic study would be an additional six to eight weeks. The requirement on the study
for the preble jumping mouse,a study has been done by their consultants, but have heard that there could
be problems getting a report back from the Fish and Wildlife services, as it is not a high priority issue.
John Folsom asked about the letter of concern they received regarding the WCR 5 haul route, and what is
the permitted haul routes. Ms.Goettemoeller explained that this letter refers to an asphalt plant located on
a separate parcel and different special use permit. The issues are that the trucks for this site are supposed
to go right onto WCR 5 instead of left, and that they are contracted trucks. They are aware of this problem
and are addressing the issue, but have not had a resolution as of today.
John Folsom asked Mr. Morrison what the operators responsibility is for independent contractors. Mr.
Morrison explained that they are responsible for the contractors to meet the terms of the permit, and by
agreement they do not have to let someone use the haul route is they do not abide by the rules. The result
is that the company bears the brunt of the violation. The County does have the remedy to pull the permit.
Cristie Nicklas asked what the life of the pit it. Ms. Goettemoeller said 10-15 years, depending on the
market.
John Folsom asked when it will be determined where the asphalt plant is located. Ms. Goettemoeller said
it should be in the next three years. Mr. Morrison said if the plant is approved through this permit,there will
be no additional hearings, otherwise they will need to go through an amendment.
Don Carroll, Public Works, commented on the haul routes and the traffic study, and would like to get Ms.
Goettemoeller in touch with Diane Houghtaling, Traffic Engineer for Public Works, to discuss the traffic
study. Mr. Carroll said he knows that traffic studies are taking time right now, and they will do their best to
speed up the process. They are asking for accel/decel lanes at WCR 20-1/2,since this is a new access for
the haul route. EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 6
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 Nickles commented that she understands LaFarge wants to get started as soon as possible, but the
citizen's of Weld County have to be protected by the traffic study, and other than talking with Diane
Houghtaling, she is not sure about changing this requirement.
Julie Goettemoeller stated that they are not against the traffic study,but the concern is waiting for the traffic
study before they schedule a Board hearing. Ms.Goettemoeller asked that they go ahead and schedule the
hearing prior to the traffic study being done.
Sheri Lockman explained that the Board is not accepting requests for early board hearings because of the
mass amount of cases. Ms. Lockman also explained that any conditions required prior to scheduling the
board hearing must be met before a date is set.
Lee Morrison added that the timing of the traffic study can be addressed, but the Board has tax appeals to
hear for the next six weeks, and this is going to set all landuse hearings back.
Duane Bolick,representative,asked if they committed to putting in accel/decel lanes today on WCR 20-1/2,
could they move ahead with a hearing date,and if the traffic study determines more improvements,they can
talk about this later. Don Carroll said he cannot speak for Ms.Houghtaling,and would rather they meet with
her first.
Mr. Bolick also addressed the traffic in the area and the problems and concerns, and that they have had a
neighborhood meeting and are committing on making changes.
Arlan Marrs said that with their agreement to put in accel/decel lanes immediately, and willingness to work
through a traffic study, he does not see any problems with changing this condition.
Sheri Lockman said they could change the wording to say prior to the Board of County Commissioners
hearing instead of prior to scheduling. However, if they get to the Board hearing and have still not done the
study, the case can be continued, but this way they can at least schedule a hearing date.
Arlan Marrs said he still does not see why the Board cannot hear the case without the traffic study, because
the responsibility is still on them, and that the permit can be pulled if they do not complete the study.ing to determine the Lee Morrison stated his c youtwill's that do them e traffic study is does not determine length and design specifications.
tions of
the accel/decel lanes, so saying y
Without a study, it is going to be difficult for Public Works to make comments.
Julie Goettemoeller asked that they get the building permit for the scale house now, and can wait on the
other building permits. Sheri Lockman said this would not be a problem.
Arlan Marrs suggested placing a condition that an agreement regarding the traffic study would need to be
made within six months of approval or the permit will be withdrawn. Lee Morrison expressed his concern
with this is that Public Works cannot make a formal agreement,the Board of County Commissioners needed to do e e issues t
contract. It may be bettnd the only er to ay it
for herk is to nformationrpr or to of
Board hearing, and let the Board Improvements gdec de if
there is enough information.
Bryant Gimlin asked how long it takes to do a traffic study. Julie Goettemoeller said she has spoke with two
consultants, one says 4-6 weeks and the other says 6-8 weeks. Mr. Gimlin said that since is sounds like
it will be about this time frame before they get a Board hearing, by taking out prior to scheduling,would the
applicant's be acceptable to this. Monica Mika added that the timing would work since the Board is currently
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 7
6-8 weeks out scheduling hearings. Cristie Nicklas added that this is probably all they can do at this time.
Mr. Bolik said his concern is the hold up of building permits that are going to hold up production.
Julie Goettemoeller asked Don Carroll why a traffic study was being asked for when the access was on the
original USR. Don Carroll explained that since they are proposing the asphalt plant and scale house to use
this access point, several things need to be taken into consideration, such as the different haul routes and
the affect on different intersections with additional traffic.
Julie Goettemoeller asked if they could at least get the building permit for the scale house released. Sheri
Lockman said that they could go ahead and release the building permit only for the scale house.
Per the request of the applicants the following changes were made: Development Standard #10 was
requested to be changed to say at the working face instead of for the working force and Development
Standard#17 to say off-street public parking. Also, Condition of Approval #2 was changed to say Prior to
the Board of County Commissioners hearing, per Planning Commission.
Bryant Gimlin moved that Case 2n°AmUSR-288,be forwarded to the Board of County Commissioners along
with the amendments to the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. John Folsom seconded the motion.
Cristie Nicklas commented to the applicants to continue to work diligently with keeping the haul routes as
designated and work with the neighbors. •
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Jack Epple,yes; Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker,yes.
Motion carried unanimously.
CASE NUMBER: 1041 Regulations (Matter of State Interest)
PLANNER: Monica Daniels-Mika/Bruce Barker
REQUEST: The site selection and construction of those major facilities of a public utility
consisting of transmission lines,power plants,and substations of electrical utilities.
Monica Daniels-Mika, Director of Planning, and Bruce Barker, County Attorney, presented the 1041
regulations. Monica explained that these changes will determine the process of looking at Major Facility of
Public Utilities differently. Bruce Barker,County Attorney,explained that the 1041 is to designate the matter
state interests for site selection and construction of electrical facilities. Also covered is whether they are
regulated by the Public Utilities Commission, as not all are regulated, and this procedure will cover these
facilities.
Bruce Barker then read into the record the regulations, and the changes both Board's may see.
Arlan Marrs asked about the addition of the County asking for a consultant to pay for any portion of an
application that requires more information, and does not feel this is fair to add onto an applicant.
Bruce Baker asked if there was a limit or a cap the number of consultants or the amount, would this be
acceptable. Mr.Marrs said if there is someway to justify that a consultant was needed,and the information
was not provided at the time of submittal, than it may be appropriate. Cristie Nicklas agreed that there
should be a cap. Mr. Barker said they will look into this and that the County would need to prove the need
for a consultant.
Bryant Gimlin asked about natural gas pipelines and this will be covered also. Bruce Barker said that if the
pipeline cuts through the County, it would be covered as the code is written.
Hello