HomeMy WebLinkAbout20081797.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 17, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner- Chair i-
Tom Holton -Vice Chair
Nick Berryman o
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Paul Branham -
Erich Ehrlich
Robert Grand —
Bill Hall
Mark Lawley .v
Roy Spitzer
Also Present: Jacqueline Hatch, Tom Honn, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney(via phone), and Kris
Ranslem, Secretary.
Robert Grand moved to approve the June 3,2008 Weld County Planning Commission minutes, seconded by
Tom Holton. Motion carried.
The Chair read the case into record.
CASE NUMBER: USR-1653
APPLICANT: Carma Bayshore LLC,
do Kerr McGee Oil and Gas Onshore LP, represented by Joseph Lorenzo
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of Tract E in the St.Vrain Lakes Filing#1 being part of NE4 of Section 35,T3N,
R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in a PUD with E(Estate),C-1,C-2(Commercial), R-1, R-2,R-3
and R-4(Residential)Zone Districts
LOCATION: Approximately 1/4 mile east of CR 9.5 and approximately 1/4 mile south of CR 28.
The Chair asked Jacqueline Hatch, Department of Planning Services,if staff wishes for this case to remain on
consent. Ms. Hatch replied that staff, as well as the applicant, wish for this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mark Lawley moved that Case USR-1653, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, absent; Mark Lawley,
yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes. Motion carried.
The Chair opened the meeting to the Public and asked if there was anyone in the audience who wished to
speak. No one wished to speak.
The Chair asked if any of the Commissioners had any new business or possible code changes they would like
to discuss.
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Commissioner Holton asked Tom Honn, Planning Director,about the wind generators and how the County will
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handle it with regard to the Code.
Tom Honn, Planning Director, commented that this subject has surfaced over the last month with fairly
significant interest by a variety of folks. We are getting questions from people who possible want to construct
large type towers down to some smaller scale towers.
Mr. Honn commented that currently our code doesn't really address these in any particularly helpful way other
than recognizing the wind farms which typically go through a 1041 process because of their nature. He added
that what we are finding is that there is a lot of interest in finding alternative energy on a scale that they can
have it at their home or on their farm to generate some limited amount of electricity that will potentially reduce
the cost of their current electrical bill.
Mr. Honn stated that there is a definition in our code that talks about wind turbines and it says that everything
will be processed under the Use by Special Review except if you are under 70 feet in height, if you produce
less than 50 kilovolts, and if it's related to your farm and ranch operation. The dilemma that we will have to
wrestle with is in subdivisions 70 feet doesn't seem like much but it is still fairly high. He commented that a lot
of the light poles in the parking lot generally range from 15 to 50 feet in height. One of issues that will come
into play when we start looking at this is how many should fall under the use by right or some other sort of
review process. He also commented that there will be noise and aesthetic issues for some neighbors
involved. He stated that today if you had a rural parcel not in a subdivision and you wanted to construct one
less than 70 feet in height, and it produces less than 50 kilovolts you could put on up with a building permit. If
that is not the case, then everything else falls under the Use by Special Review process. Therefore we need
to evaluate where they would fit and what the fees may be that is applicable to the type of use. He is hopeful
that we can broaden where the Use by Right falls and then have some additional review process that is
certainly less than the Use by Special Review and is more of an administrative process. Mr. Honn indicated
that he would entertain any thoughts or comments from anyone.
Commissioner Lawley expressed that we should be aware of the impacts to the farmers and ranchers and not
be so restrictive. Mr. Honn agreed and felt that is why it was originally put in there as traditionally there have
been the windmills for livestock, etc.
Commissioner Grand commented that they are currently looking at a bond issue for their school district and
are looking at some alternative energy. He asked if the regulatory issues would be the same for them as a
farm activity. Mr. Honn stated that under state law and the way the County interprets it, is that a proprietary
function to a school district does not go through a county process. He is not sure if that would fall under that
same proprietary exemption, however he felt that it would fall into that use if it can be shown that way. He
commented that he will put that on his list to be answered.
Commissioner Berryman asked how the application fee compares to the total cost for wind generators. Mr.
Honn replied that the small scale generators range from approximately$10,000 to$15,000 for the equipment
and installation. There is a fairly substantial concrete base that gets set. The tower is approximately$2500
and also approximately$5500 for the propeller or generator unit that sits on top. Correspondingly,the$2500
application fee may sound like a fairly large percentage of that cost but it is more of a function of that use and
the extent of the review that is associated. If we did a more administrative process the fee could go down,
depending upon if there were hearing processes involved.
Commissioner Holton felt that it is a good idea and commented that it would make us more consistent with
state statutes. He cited House Bill 08-1270 which concerns the removal of restrictions on the use of energy
efficiency measures in connection with real property as well as Senate Bill 07-145 which basically states that
local governments can offer incentives with their fees. Mr. Honn commented that the Governor's Energy
Office met with the County Commissioners. There are some programs that are out there but you have to get
to a certain point for the Governor's office to help. Mr. Holton mentioned that he was referring more to the
building permits and giving incentives there. Mr. Honn commented that the building permit really isn't
expensive; it's more of the USR process. Mr. Holton agreed and by keeping those fees down it will make it
more viable.
Commissioner Spitzer asked how much of what percentage of household use do the windmills provide. Mr.
Honn stated that it suggests the average home use would be supplemented with 40 and up to as much as 80
percent.
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Mr. Honn asked the Commissioners to think about the height issue and to look around for what would be the
50 and 75 feet standards. It's important for the county to establish that as a point of reference. He
commented that it's a matter of what might be acceptable and added that they will also seek input from the
public.
Commissioner Lawley asked if surrounding counties have looked at this as well. Ms. Hatch stated that the
County of Boulder does have some definitions and we are looking into it.
Meeting adjourned at 2:00 p.m.
Respectfully submitted,
111.
Kristine Ranslem
Secretary
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