HomeMy WebLinkAbout20150886.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMIS'
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM afMli ra
MI
Moved by Bruce Johnson, 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: USR15-0001
APPLICANT: L&S CAPITAL LTD, CIO BONANZA CREEK ENERGY OPERATING COMPANY
LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES(COMPRESSOR STATION
FOR NATURAL GAS AND ALL RELATED EQUIPMENT) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: ALL OF SECTION 7,T5N,R61W OF THE 6TH P.M.,WELD COUNTY.COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60 AND APPROXIMATELY 2 MILES WEST
OF CR 89.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-6-20.C.1 -ECON.Policy 3.1. states, "County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and grow the local economy."
The applicant, Bonanza Creek Energy Operating Company, LLC, is proposing a natural gas
compressor station with 4 compressors and 3 generators. The hours of operation are proposed to be
24 hours a day / 7-days a week. No landscaping is proposed. The remote location of this site
ensures compatibility with surrounding land uses. This is an unmanned facility. The application
materials depict lighting and a 7-foot chain link security fence with three strands of barbed-wire on the
top that will surround the site. The application was revised to remove the telecommunication tower.
This site's southeast corner is located in the floodplain and no structures are in the floodplain. The
remote location of this site ensures compatibility with surrounding land uses.
B. Section 23-2-220.A.2. --The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.A.2 which allows for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development Facilities, including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all related equipment including) in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures. The closest residence is approximately 2
miles south of the site.
There are no other USRs within one mile of this parcel The Weld County Department of Planning
Services has not received any communication from the surrounding property owners concerning this
USR.
The attached Development Standards and Conditions of Approval for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses.
RESOLUTION USR15-0001
L&S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC
PAGE 2
D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not located within a three(3)mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County
Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
The site is in a Special Flood Hazard Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
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 facility is located on approximately 4 acres of land designated as"Other Land"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take
any Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240, Weld County Code), Operation Standards(Section 23-2-
250,Weld County Code), Conditions of Approval and Development Standards ensure that there are
adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of
Weld County Right-of-Way(CR 58). (Department of Planning Services-Engineer)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0001. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The map shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
5) The map shall delineate the lighting. (Department of Planning Services)
RESOLUTION USR15-0001
L&S CAPITAL LTD, c/o bonanza Creek energy operating company Ilc
PAGE 3
6) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
7) County Road 58 is unmaintained section line right of way.The applicant shall verify and delineate
on the map the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is not maintained by Weld County.
(Department of Planning Services-Engineer)
8) Show the approved non-exclusive license agreement on the map and label it with the recorded
reception number and date (Reception # , [date recorded]). (Department of Planning
Services-Engineer)
9) Show the approved access(es)on the and label with the approved access permit number(AP14-
00489). (Department of Planning Services-Engineer)
10) The applicant shall indicate specifically on the map any right of way and/or easements and
indicate whether they are dedicated, private,or deeded and label with recorded document, book
and page and/or reception number to provide adequate access to the parcel. (Department of
Planning Services-Engineer)
11) Show the accepted water quality feature on the map with volume and label as "Water Quality
Feature, No-Build or Storage Area". (Department of Planning Services-Engineer)
12) Show and label the drainage flow arrows,turning radii, and parking and circulation on the map.
(Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or one
(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and
additional requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution.The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3.approved April 30,2012,should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is.tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.(Department
of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction. Contact the Planning Department for application information. (Department of
Planning Services-Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator,the Fire District and the Weld County Office of Emergency Management.Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
RESOLUTION USR15-0001
L & S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC
PAGE 4
7. Six months prior to operation:
A. A signed copy of the Spill Prevention, Control and -Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health-St
Environment. (Department of Public Health and Environment}
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
( Department of Planning Services)
Motion seconded by Joyce Smock .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 . Kristine Ranslem , 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 March 17. 2015.
Dated the 17th of March , 2015.
Digitally signed by Kristine46
Ranslem
l� i.��_e �'Y�_ Date: 2015.03.20 07:35:24 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L & S Capital LTD, c/o Bonanza Creek Energy Operating Company, LLC
USR15-0001
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0001 for a Mineral
Resource Development Facilities. including Oil and Gas Support and Service Facilities (compressor
station for natural gas and all related equipment including) in the A (Agricultural) Zone District. 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 This is an unmanned facility as stated by the applicant. (Department of Planning Services)
4. The hours of operation will be 24 hours a day / 7-days a week. as stated by the applicant. (Department of
Planning Services)
5. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C , 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The property owner or operator shall provide written evidence of an Emergency Action and Safety Plan on
or before March 1 of any given year, signed by representatives of the Fire District and the Weld County
Office of Emergency Management, to the Department of Planning Services. (Department of Planning
Services)
7. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 080266-0700C dated September 28. 1982 (Sandborn Draw Floodplain) . Any
development shall comply with all applicable Weld County requirements. Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and
FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures. mining. dredging, filling. grading, paving, excavation, drilling operations, or
storage of equipment and materials (Department of Planning Services)
8. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15. Articles I and II , of the Weld County Code. (Department of Planning Services-Engineer)
9. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
10. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
11 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
12. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department
of Planning Services-Engineer)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20- 100. 5,
C. R. S. , as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . (Department of Public Health and Environment)
RESOLUTION USR15-0001
L& S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC
PAGE 6
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The applicant shall operate in accordance with the
approved "waste handling plan", at all times. (Department of Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic
compounds(VOC's). All chemicals must be stored secure. on an impervious surface,and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
19. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
20. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
21. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
22. In accordance with Colorado Oil and Gas Conservation Commission Rules, secondary containment shall
be provided for the aboveground storage tanks. The volume retained by the containment should be
greater than the volume of the largest tank inside containment and have sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they comply with the Colorado Oil
and Gas Conservation Commission regulations. (Department of Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as, traffic control devices. (Department of Planning Services)
25. Building permit maybe required, per Section 29-3-10 of the Weld County Code.Currently the following has
been adopted by Weld County:2012 International Codes;2006 International Energy Code;2011 National
Electrical Code; A building permit application must be completed and two complete sets of engineered
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review.
A geotechnical engineering report performed by a registered State of Colorado engineer shall be required
or an open hole inspection. (Department of Building Inspection)
RESOLUTION USR15-0001
L&S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC
PAGE 7
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
28. The Use by 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR15-0001
L& S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING COMPANY LLC
PAGE 8
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important, not only for their safety,but also
for the protection of the farmer's livelihood.
PC faiu �
3-1-1- 15 EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETIN
r -I,,
Tuesday, March 17, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Terry Cross.
Absent: Michael Wailes, Nick Berryman.
Also Present: Chris Gathman, Diana Aungst and Steve Elkins, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 3, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR15-0001
APPLICANT: L & S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING
COMPANY LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: ALL OF SECTION 7, T5N, R61W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60 AND APPROXIMATELY 2 MILES
WEST OF CR 89.
Diana Aungst, Planning Services, presented Case USR15-0001, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Barbare stated that the applicant has submitted a
Draft SPCC Plan and recommended removal of Condition of Approval 7.A.
Ms. Aungst recommended adding a development standard to include a floodplain note on the plat as well.
Christina White, White Engineering, 3620 West 10th Street, Suite 410, Greeley, Colorado stated that they
have submitted a Grading Permit and the Draft SPCC Plan. They have read all of the conditions of
approval and development standards and are in agreement with them.
Commissioner Johnson asked if there is an employee on site for emergency reasons. Ms. White said that
everything is remotely monitored and can be shut down immediately.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to the recommended changes to the staff report and asked the Planning Commission
for discussion.
1
Motion: Delete Condition of Approval 7.A as recommended by staff, Moved by Benjamin Hansford,
Seconded by Bruce Johnson. Motion carried unanimously.
Ms. Aungst recommended adding Development Standard 7 to read "A Flood Hazard Development Permit
is required for all construction or development occurring in the floodplain or floodway as delineated on
Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0700C dated
September 28, 1982 (Sandborn Draw Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials."
Motion: Add Development Standard 7 as suggested by staff and renumber accordingly, Moved by Terry
Cross, Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR15-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Terry Cross.
Meeting adjourned at 6:05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
sci5\,,a,6w iquIdd2iku Date: 2015.03.20 07:40:50 -06'00'
Kristine Ranslem
Secretary
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