HomeMy WebLinkAbout20020163.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 18, 2001
A regular meeting of the Weld County Planning Commission was held Tuesday 2001, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Chair, Michael Miller, at 10:00a.m.
ROLL CALL
Michael Miller
Bryant Gimlin
Cristie Nickles
Fred Walker
John Folsom
Stephan Mokray _ ,i
Cathy Clamp
Luis Llerena
Bruce Fitzgerald
Also Present: Robert Anderson, Char Davis, Cindy Etcheverry, Don Carroll, Lee Morrison, Trevor Jiricek,
Lauren Light, Monica Daniels Mika, Bruce Barker, Kim Ogle, Sheri Lockman
The summary of the last regular meeting of the Weld County Planning Commission held on, December 4,
2001, was approved as read.
CASE#: 3rdAmUSR-778
PLANNER: Robert Anderson
APPLICANT: Xcel Energy/Public Service Company of Colorado
ADDRESS: c/o James McClung 550 15`"Street Suite 700 Denver, CO 80202-
4256
REQUEST: A Site Specific Development Plan and Use by Special Review for
a Major Facility of a Public Utility (Natural Gas Control
Facility/Yosemite Site) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the Southwest Quarter, Section 27, Township 1 North,
Range 67 West of the 6'h Prime Meridian,Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 19 & North of and
adjacent to Weld County Road 4 sited on land currently owned by
David Howard, et al.
Jim McClung, applicant, stated that they there was a failure in the presentation at the previous hearing and
not in the design of the facility. The discussion and issues were based on the old site not the new site. Mr.
McClung had Brad Hollenbaugh presented the details for the new plant and requested that this application
be separate and apart from the 2n°Amended USR-778.
Brad Hollenbaugh, applicant's consultant and engineer, provided a great deal of detail with regard to
communication with the neighbors and meeting and exceeding the design standards established by Weld
County and the State. Neighborhood communication and notification was accomplished by notice to approx.
5000 ft. The applicant went to the neighbors that expressed concerns and interviewed with them to determine
a course of action to address the issue of noise. Mr.Johnson was contacted with regard to what the applicant
was going to do to address the issue of noise. There has been a great deal of communication with the
Johnsons in an attempt to address the noise issue. The applicant provided proof of letters to concerned
neighbors as evidence of the effort to address the noise/vibration complaints. Mr. Hollenbaugh provided
information and documentation with regard to issue resolution. The applicant initiated contact with neighbors
in an effort to resolve the noise and the lighting issues with regard to the Ware residence. The applicant went
through extensive detailed information with regard to the DBA readings at the Johnson residence before and
after the installation of the silencers on units 3,4 and 5. Mr. Johnson believed that the noise issue was
predominantly associated with the use of unit five.The applicant provided clarification with comparative sound
levels. Unsubstantiated and misrepresented complaints were a factor in the presentation. Another neighbor
stated that there was a low frequency hum and it was not a large issue that would need to be addressed with
a complaint letter. The applicant identified each letter of complaint and responded to each. The applicant
de1 CC G/ 2002-0163
feels they have been very responsive in addressing the issues of noise on the old site (emphasis old site).
The door is still open for the neighbors to express concerns and Xcel will attempt to address each of those
issues. The new Yosemite site has met or exceeded the standard established by Weld County and the state.
The standards of the new site are half as loud as the standard required. There are five different sound
initiators or sources. Mr. Hollenbaugh described the acoustical design of the building that included wool
installation with the addition of fiber filler that would basically equate the thickness of a six inch concrete wall.
Mr.Hollenbaugh provided information with regard to the silencers used in the ventilation systems. The provide
a 16 D.B.A.reduction in the sound that comes from the ventilation system. The north side has demonstrated
state of the art design, best effort in design, optimum balance between equipment and buffer. The silencer
systems are the enhanced version that eliminated the D.B.A. further.
John Folsom asked how the compressor and engines will be mounted. Mr. Hollenbaugh stated that they will
be on steel skid and the engine is grouted to the skid. The dynamics are studied and determined that vibration
are not there. There are consultants that are hired that determine the best and most efficient mounting. Mr.
Folsom asked about the building enclosures within the enclosures. Mr. Hollenbaugh stated that the number
of enclosures is typically single buildings.
Stephen Mokray asked the increase size of the equipment. Mr. Hollenbaugh stated that the new equipment
will be 44000 horsepower, at build out. The existing site has 8000 hp. The combined total will be a total of
52000 horsepower, at full build out.
Fred Walker asked about the dimensions of the proposed building. Mr. Hollenbaugh stated that the building
will be approximately 62foot X 320foot at ultimate buildout. This is the building site for two units which is the
first to be installed. There will be an additional two units.
Michael Miller stated that the applicant referred to the complaints from the neighbor as being invalid. The
noise that they are hearing when the background noise is not there. The noise from the engines is an issue
that needs to be addressed. Mr. Miller stated he has visited the site at different times and determined that
there is a hum from the plant. Mr.Miller believes that this is what the neighbors are referring to not the volume
in D.B.A. or some other measurement. Mr. Hollenbaugh stated that there have been no observances but
concluded that there are no ground transmitted vibrations. Mr.Hollenbaugh stated that what they are hearing
is audio and not vibrations and the silencers are installed on the source to address those issues. Mr. Miller
stated that some of the evaluation needed to be done in the evening with no background noise. Mr.
Hollenbaugh stated that with the absence of the ambient noise during the day was when the information was
recorded. Mr.Miller stated that it was a nuisance more than the amount of sound recorded. Mr. Hollenbaugh
stated that it was built into the design to mitigate that low level of noise.
Mr. McClung, stated that the site is permitted on the old site and the current application is for the new site.
The standards have changed and it is difficult to retrofit the old facitlity but the new facility is being designed
with the most current equipment that addresses the noise issue.
Cristie Nicklas asked about the mineral rights and if that issue has been addressed. The hard rock mineral
rights have been agreed to be pruchased. The mineral, surface use agreement is in negotiation. They are
very close to an agreement. Ms. Nicklas wanted to know why a new USR no AmUSR. Mr. McClung stated
that they are comcerned with the rising standards with regard to the old site. The old site will not be able to
meet the standards for the old site. Mr. Anderson stated that from a planning standpoint it is not an issue.
The issues are the previous standards for the site are more lenient. The Decibels are the issue with regards
to the new and old site. Mr. Morrison stated that it is possible to have different standards for the two sites.
The cleanest way is to have two separate permits. There could be an amendment to the old site standards.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kirk Dennis,neighbor who claims to be 400 feet of the plant,wanted to know about the sound level within the
400 feet from the plant in twenty years once it is at full build out. There also needs to be included in the
D.B.A. the consideration of traffic increase due to this plant having maintenance issue. There needs to be
consideration with regard to the impact at full build out.
Larry Johnson, stated that the noise is predicated on the old plant and the new facillity will have the same
effect. Mr. Johnson has maintained his own log of readings with a decible reader. The reading are taken
inside and outside the house. Mr.Johnson provided a log of readings that he took. The readings are higher
on the east and south side of the plant. Mr. Johnson stated that they have nothing to base any new
information on. There was nothing showed to provide evidence of how they plan to mitigate the noise issues.
Mr. Johnson added that there are some possible health problems that can be associated low frequency
noises. Mr Johnson estimated that the present population impacted by the new plant to be approximately
1000 people in a two mile radius. The water resource division has an amended well permit. There are still
questions that remain, the Brighton Fire Department issues have still not been addressed. The new and
existing plant is marginal and that Xcel has not attempted to address the Comprehensive Plan,the industry
standards or everyday health issues.
Bart Stoneback, stated that the amount of need by the public requires the increase to the facility. What
happens when the new and the old plant are running together what happens with the decible number.
Comparison studies were requested and nothing was provided at that time, landscape design for buffering.
Mike Ware, new resident, the letter addressed the existing plant not the new included plant. The exposure
is based on the present plant and the exposure of that. The amount of D.B.A. is not relevant because no one
knows what it is exactly and the amount of noise is constant. The nighttime sounds are increasingly worse.
These concerns are just dealing with the old plant since there is nothing that additional that the new plant can
be based on. Mr. Ware has made several calls to Xcel with regard to the odor. There were no return calls.
Mr. Ware has a health concern especially with the existing plant and the new one that is going in.
AJ Godderd, stated that he is outside the 1 mile radius and he does hear the vibrations and noise especially
when it is cool outside. There is additional homes proposed and they are unaware of this project. There are
too many uncertain areas and there is not enough data to make a clear decision.
Bill Wykoff, neighbor outside the 1 mile radius, he does hear the noise. The ambient noise is difficult to
communicate over. Denver has a 50 D.B.A.limit level,the World Health Organization recommends 35 D.B.A.
for an overnight level. This would be a 25 D.B.A. level difference as to what is being allowed or proposed by
this plant. They do dog training and it is very difficult to be louder than the ambient noise. The maintenance
of the acoustical equipment is another question as to the levels staying maintained over time.
Tim Flanagan,attorney for Larry Johnson,addressed the applicant's apparent neglect of providing additional
information with regard to the noise of the new plant. Public Service does not own the property it is a
condemnation case and there is always an abandonment possiblity. The proposal is inconsistent with the
future use in the area. Now is the time to address the noise issue not wait until the problem arises. The
rational approach to the permiting of the utility is to ask the applicant to provide the information needed instead
of a couple readings at a couple homes. The basic information is needed before a decision can be made.
The Chair closed the public portion of the case.
Mr.McClung and Hollenbaugh, provided futher clarification on some of the issues. This facility is smaller with
comparison. Dennis is well outside the proposed 800-1100 foot agricultural buffer around the site.
Michael Miller asked about not having the noise data from a larger plant since there are some in Colorado.
Mr. McClung stated that those plants do not have the noise control equipment. Those facilities are entirely
different facilities. There seems to be no other facility that blends gas like this facility and Public Service
Engineering Department does not have informational data to address the problems.
Brad Hollenbaugh stated that the benchmark was satisfied and the Commissions expectations were hard to
identify. Mr. Hollenbaugh stated that he could obtain information that showed the noise level at other plants
to be higher and data that would show noise levels to be lower. The facilities are designed to meet the
standards that are required. Most of them are designed above standards. Public Service felt that mitigation
consisted of resolution with the neighbors. The equipment and design is based on the standard that they are
being held to. Mr. Miller stated that there was nothing brought to them with regard to the information
requested. Mr.Hollenbaugh stated that Public Service has presented information for a facility looking at each
component and way to mitigate them.
Fred Walker asked if there is a cumulative effect when all is put together. Mr. Hollenbaugh stated that all the
data provided included all the noise sources in the modeling that was presented. The information presented
was at worse case scenario.
Brad Hollenbaugh continued with information on the plant malfunction. Unit 6 in a debugging mode,the pipe
system was exhibiting vibration. A air tubing line failure caused the blow out. The number on the gate was
apparently called but no one responded. The applicants stated their intent is to have a 30 minutes or less
response time and a person is on call 24/7.
Cristie Nicklas stated that the number was not complete with regard to the area code. In this area there is
a possibility of several different area codes. Mr. Hollenbaugh stated that they will get a sign with the correct
number on the gate. Mr. Hollenbaugh has sent letter to the surrounding property owners with the number on
the letter in case of future incidents.
Stephen Mokray asked why it did not set off the alarm. Mr. Hollenbaugh stated it was not set to an alarm and
if it can be set to an alarm to alert people . Mr. Hollenbaugh stated that they are doing everything possible
to mitigate that so it will not happen again.
Brad Hollenbaugh went on to further provide information with regard to the Dennis property. Mr. Hollenbaugh
stated that the readings that Mr. Johnson took was with a C scale weighting, which gives a predominantly
higher reading than an A which is a better rating. Site security will consist of a seven foot barbed wire fence,
remote monitoring,lighting,but any further details cannot be released in a public forum. Mr. Hollenbaugh has
provided information to the Brighton Fire Department with regards to their issues. The total horsepower will
be a total of 52000, this is the combination of the two sites.
Michael Miller asked Mr. Spillman about the decibel levels at the property line and the health hazards
associated with them. There is a formula that is done to determine what the affect on a person would be. Mr.
Spillman stated that there are Occupational Health and Safety Guidelines regarding exposure. An employee
can be exposed to 90 D.B.A. for an eight hour period before there a danger of hearing damage. It can be
taken down to 70 D.B.A. and below there are no fear of hearing damage.
John Folsom asked about the possible emotional damage. Mr. Spillman stated that various agencies come
up with different guidelines for noise. The problem is that different people have different reactions to noise
and it may be the same noise.
Fred Walker opened for discussion the smell from the plant,and the possibility of placing a monitoring system
at the property line. Another thing to consider is how the applicant conforms to the standard. A possible
solution would be a third party to do the monitoring and submit the information to the Weld County Health
Department to determine that they are adhering to the permit. Ms. Nicklas stated the smell is only done once
or twice a year with the unloading of the odor issue. Mr. Miller stated that he has visited the plant on three
different occasions and the odor was detected.
Robert Anderson has some propose language consisting of Development Standard#10 to insert word"new"
in front of"portion of the facility " Mr.Anderson added the insertion of paragraph 11 dealing with the noise
levels of the existing facility. There will be the addition of a new paragraph number 12 stating"the applicant
shall submit to the Weld County Department of Health & Environment for review and approval a noise,
vibration and odor monitoring program."
Brad Hollenbaugh provided further information on the odor issue. Mr. Hollenbaugh stated that the filling of
the tanks is some of the odor issues and the venting of vapor space is needed for the tanks. This is sent into
the atmosphere in order to minimize the odor. The repair or maintenance of the injection equipment itself
is another time at which the odor is prevalent. There are five USR in the immediate vicinity and they move
natural gas also.
Fred Walker asked about the Brighton Fire Department issue. Mr.Anderson stated that one of the conditions
of approval is a sign off letter from Brighton Fire Department.
Michael Miller stated that he still does not believe that Public Service has provided the information requested
of them from the prior hearing. He is uncomfortable making a decision based on the information that they
have at this point. Mr. Gimlin added that the board has mitigated some of the factors with regard to noise for
the neighbors. The applicant is required to mitigate those issues. The applicant has placed the plant in an
area that is light industrial and very compatible. Mr Gimlin stated "I think some of the objectives have been
addressed as much as the Board and Public Service can feasibly do so."
Michael Miller stated that they have provided a lot of information but there has to be somewhere that the
equipment is relatively the same and there has to be some studies done in comparison to. Mr.Gimlin added
that the objective of the request was to have as quiet of a facility as can. Mr.Walker added that he does not
feel that they have designed the plant as quiet as can but designed it to fit the standard. Ms. Nicklas stated
that the design is to county standard which is required. Ms. Nicklas that they are reactive and not proactive
and the applicant is doing a minimum of what they can do to get by. Mr. Folsom added that the design may
be not to the best possible it seemed that the cost effective was a far larger concern than the design. Mr.
Gimlin stated that the real world has a balance.
Mr. Morrison stated that the information required could be proven by a different manner possibly not exactly
what the Planning Commission expected.
Cristie Nicklas would like to add something that addresses the combination of the facilities and vacating old
site. Ms. Nicklas does not want the applicant to be able to maintain the existing plant and add the new plant.
Mr.Anderson added that the time frame is addressed in the application. Mr. Miller asked when they plan to
decommission the old site. Mr. Hollenbaugh stated that there is not a definite date. The date will be
determined when it is feasible or good for the company. Mr. Morrison added that the Planning Commission
can impose on the applicant to combine the sites within a time frame.
Fred Walker asked about the odor standard and is there a way to impose it. Ms. Etchiverry stated that it could
be addressed like the feedlot standard, 15-1 dilution. There is a process that can be done and it can be
determined which facility is emitting the odors.
Michael Miller asked about the possibiltiy of requesting fine or bond as an issue that would help. Mr.Morrison
stated that imposing a fine is an avenue that was just passed as an outlet for revocation of the permit. A
financial stimulus that keeps them in compliance. Mr. Morrson stated that it has been done on a solid waste
facility.
Fred Walker moved that the changes from Mr.Anderson be added with regard to#3C to read noise,vibration
and odor. There were three of the Development Standard#10,#11 along with the addition of the word odor.
Cristie Nicklas seconded. Motion carried
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; Bryant Gimlin,yes; Cristie Nicklas,yes; Fred Walker,
yes; Bruce Fitzgerald, yes. Motion carried.
Bryant Gimlin moved that Case 3rdAmUSR-778, be approved along with the Conditions of Approval and
Development Standards as amended with the Planning Commissions recommendation of approval. Stephen
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, no; Bryant Gimlin,yes; Cristie Nicklas,yes; Fred Walker,
yes; Bruce Fitzgerald, yes. Motion carried.
Cristie Nicklas commented that she is voting yes but has some reservations with regard to the design being
just done at a standard. Public Service feels as though they are the only game in town and can ram things
down peoples throats. Ms.Nicklas hopes that the Planning Commission has assisted them in becoming more
proactive towards the neighbors.
John Folsom commented that he does not feel as though the Commission has fulfilled its obligation of duties.
Michael Miller commented that he does not feel as though Public Service has done everything feasible with
regard to mitigating the nuisance effect of the plant. The concerns are primarily profit oriented and there was
not enough data provided to make and informed decision.
CASE NUMBER: USR-1360
APPLICANT: Western Mobile, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of the NE4 of the NE4 of Section 9, T2N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility, including an Asphalt
and Concrete Batch Plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 119 and west of and adjacent
to WCR 7.
Sheri Lockman read a letter from the Department of Planning Services requesting a continuance to January
15, 2002. The applicants are working on the roads with the Department of Public Works.
Cristie Nicklas moved to continue Case USR - 1360 to January 15, 2002. Stephan Mokray seconded.
Motion carried.
CASE NUMBER: S-611
APPLICANT: Harlan Schultz/Schultz Minor Subdivision
PLANNER: Kim Ogle
LEGAL DESCRIPTION: LotA of RE-2668,being part of the SW4 of Section 7,T4N, R68W
of the 6th P.M., Weld County, Colorado.
REQUEST: Project Minor Subdivision Final Plan
LOCATION: North of WCR 46 and east of and adjacent to WCR 1
Kim Ogle, Department of Planning Services, the Department of Planning Services is recommending a
continuance to January 15, 2002 as there was no notice of the hearing posted in the newspaper.
Cristie Nicklas moved to continue Case S-611 to January 15, 2002. Stephan Mokray seconded. Motion
carried.
CASE NUMBER: USR-1344
APPLICANT: Miller Motor Sports, LLC
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Part of Section 11, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for an
expansion to an existing Recreational Facility(Race Track), in the
Agricultural Zone District .
LOCATION: West of and adjacent to 1-25 Frontage Road;north of and adjacent
to WCR 34.
Monica Daniels Mika, Department of Planning Services, read a letter from the applicant requesting a
continuance to February 19, 2002.
Cristie Nicklas moved to continue Case USR-1344 to February 19,2002. Stephan Mokray seconded. Motion
carried.
CASE NUMBER: Z-565
APPLICANT: Carl & Pamela Schaal
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: NW4 of Section 30,T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from R-1 (Residential) to A (Agricultural)Zone
District.
LOCATION: South of Hwy 66 and west of WCR 1.
Monica Daniels Mika,Department of Planning Services presented Case Z-565,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application.
Michael Miller asked about the limitations there are on Use By Right options in the Agricultural Zone District.
Ms.Mika stated that there is the ability to have a greenhouse but employees are not allowed and the sign age
is to stay within the sixteen square foot sign requirements. The greenhouse has the ability to sell as a
wholesale business with the products sold on the site but cannot be expanded to a more commercial in nature
business.
Carl Schaal,applicant,stated that Ms.Mika covered all the pertinent information and he does not want people
coming to his home. The sign age is not an issue as he does not believe he will require it.
Cristie Nicklas asked about the non-commercial junkyard. Ms. Mika stated that the non commercial junkyard
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
Yz.
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
Residences) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 31; south of and adjacent to WCR
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 6`"
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
now those services will expand as the population expands.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Cynthia Sidwell, has questions with regards prelude to annexation and what will be the impact concerning
land use as agriculture and the continuing use to operate as an agricultural use. Mr. Barker stated that it
does not require the owner to annex but if they wanted to develop they would have to petition for annexation
first and if it is accepted that will be when the impact would be felt. If the owners are keeping the land as
it there will be no changes felt. Mr. Barker stated that if a development was proposed the Town of Ault will
provide water and sewer if possible.
Malcom Birt, stated that he has five questions 1. How many times is it required to be published. 2. What
is definition of Urban development through Weld County and Ault. 3. Business out of home? what is the
effect. 4. What will the effect be on his personal use of the property. 5. Are all the uses that have been
uses in the last years will they be grand fathered in. Mr. Barker stated that the publishing requirements are
in a different newspaper, have been met and exceeded with publication in a local paper. The Planning
Commission had previously asked that the Town of Ault do an additional notification. The definition of Urban
Development is found in Paragraph 2.4. 3. There would be no differences on the property uses. The
change occurs when the owners are seeking to change the property.
JW Hutchinson, stated concerns were wanting to know about the annexation of the property if a
development of some type was wanted. If the sale of the property was done then the new owner would have
to deal with that issue.
The chair closed the public portion of the hearing.
Cristie Nicklas moved that Case County Code 2001-XX, be forwarded to the Board of County
Commissioners with the Planning Commissions recommendation of approval. Stephan Mokray seconded
Motion carried.
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;Luis Llerena,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 6:00p.m.
Respectfully submitted
Voneen Macklin
Secretary
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