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Home My WebLink About20020144 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin that the following resolution, along with several amendments, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: USR-1339 Applicant: Rocky Mountain Energy Center, LLC (Calpine) Address: David Perkins, 26 West Dry Creek Circle, Littleton, CO 80120 Request: A Site Specific Development Plan and Special Review Permit for a Use by Right, an Accessory Use and a Use by Special Review in the Industrial Zone District(Power Generation Facility, including two heat recovery steam generator/combustion turbine generator exhaust stacks, approximately one hundred seventy five feet in height (175), and one auxiliary boiler stack approximately 120 feet in height and two heat recovery steam generators the dimensions of each being approximately ninety feet tall by one hundred fifty feet long and forty feet wide (90x150 x40), one hundred seven (107) acre Wellfield Site, an approximately eight (8) mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline), and Agricultural Use by Right in the A (Agricultural) Zone District. Legal Description: Power Generation Facility: Section 31, T2N, R64W and Wellfield Site: Section 7, T5N, R64W and Various Parcels along the Gas Pipeline and Water Pipeline. Location: Power Generation Facility: East of and adjacent to WCR 49, one mile north of State Highway 52,east of 1-76, adjacent to 1-76 frontage road. Access to this site is located off of WCR 16.5 and WCR 51 Wellfield site: located at the northwest corner of the intersection of WCR 58 and WCR 51. Current access to the site is located off of WCR 58 with the potential for future access from WCR 51. 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 Department of Planning Services' staff 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. By dedicating a small portion of the site for improvements, the applicant has made an attempt to preserve prime farm land. Further, as stated in the application materials no"Prime" farm ground will be taken out of production. Of the 633 acres at the Power Generation Facility site only 88 acres will be used for facility purposes. The Well Field site will continue to be predominately agricultural as only ten of the 107 acres will be used for well field activities. Presently, the Wellfield site location is in sub irrigated pasture and a portion of the Power Generation Facility site is in agricultural production served by a center pivot irrigation system. According to application materials,the existing center pivot will continue to irrigate the Power Generation Facility Site. 4. EXHIBIT 1 ,2ovZ-v/ Resolution USR- 1339 Calpine Page 2 The application satisfies the following goals as cited from Chapter 22 of the Weld County Code. Section 22-2-60.A.1 (A .Goal 1)states " the application preserves prime farmland for agricultural purposes which foster the economic health and continuance of agriculture". The design and layout of both sites has attempted to preserve agricultural lands, and historic farming practices will continue. According the application materials both parcels will retain existing water rights to irrigate the farm ground. The Power Generation Facility was designed to be located on a partially sloped area west of the cultivated portion of the site. Additionally, existing infrastructure is available by rail lines and Interstate 1-76. As a condition of approval local roadway upgrades will be required. Section 22-2-60.B.1 (A. Goal 2) states "the application allows commercial and industrial uses which are directly related to or dependent upon agriculture to locate within agricultural zoning when the impact to surrounding properties is minimal,and where adequate services and infrastructure are available." The majority of the land surrounding the Power Generation Facility will serve as a buffer between existing residential units in the vicinity of the site and the industrial and commercial development occurring adjacent to the municipal limits of the Town of Hudson. Section 22-2-60.C.1 (A.Goal 3)states"Discourage urban-scale residential,commercial and industrial development which is not located adjacent to incorporated municipalities. The Town of Hudson industrial park is located west of and adjacent to the site. This industrial park is presently under development and has been identified by the Town of Hudson for heavy industrial uses. As cited in Section 22-3-10.A"the effective and efficient delivery of adequate public service is one of the primary purposes and benefits of effective land use planning." Furthermore, Section 22-3-10.D states "one of the basic objectives of the County is to plan and coordinate a timely, orderly, and efficient arrangement of public facilities and services." Public Facilities and Service goals as referenced in Section 22-3-50.A.1 (P. Goal 1)states `... to promote efficient and cost effective delivery of public facilities and services, and Section 22-3-50.B.1 (P. Goal 2)"...requires adequate facilities to ensure the health, safety and general welfare of the present and future residents of the County." The proposed Power Generation Facility, including the one hundred seven (107)acre Wellfield Site,and approximately an eight (8) mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline and Agricultural Use by Right uses have been reviewed and the attached Development Standards and Conditions of Approval will ensure protection of the health safety and welfare of the residents and the County. b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District.Section 23-3-310.B.1 of the Weld County Code provides for a use permitted as a Use by Right and Accessory Use or a Use by Special Review in the Industrial Zone Districts for a Power Generation Facility. The attached Development Standards and Conditions of Approval will mitigate impacts to the surrounding community. Wellfield site activities are considered as a use clearly incidental and accessory to the operations of a Use Allowed by Right in the Agricultural (A) Zone District. Additionally, one residential structure is located on each parcel. Both these structures are viewed as principal structures and are a use by right. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The Power Generation Facility property is contiguous with the Town of Hudson's municipal boundary, and as such, is directly contiguous with the Town's Industrial Park. A Waste Water Treatment Facility has been planned for a portion of adjoining industrial park. Other industrial applications are occurring adjacent to the Power Generation Facility site. Several large agricultural operations surround the site in all directions. Many of these farming operations have been approved by the Use by Special Review process. The Town of Hudson reviewed this application and found no conflicts with their interests. The Town Resolution USR - 1339 Calpine Page 3 of Keenesburg also reviewed this application and found no conflicts with their interests,but did suggest the need to enter into a water agreement with the applicant. The Wellfield site is located in a predominately agricultural area. Surrounding land uses are in agricultural production. The introduction of the wells will not adversely effect the visual appeal of the site. The Town of Kersey reviewed the application and did not respond. 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 Towns of Hudson and Keenesburg reviewed this application and found no conflict to their interests. The Power Generation Facility site location is outside of the Town of Keenesburg's Intergovernmental Agreement Area and the Town of Kersey's Intergovernmental Agreement area does not include the Wellfield site location. e. 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 areas within the Use By Special Review area has been designated as "Prime if Irrigated" and "Non-prime", by the Important Farmlands of Weld County dated 1979. A portion, 545 acres, of the Power Generation Facility site has been designed to preserve existing farmland and environmentally sensitive areas. The Department of Planning Services staff is recommending that the Use by Special Review boundary of the Plant Site be modified to correlate with the property ownership. This modification is listed as Condition of Approval 3.A.3 and ensures that the existing agricultural buffer area will be associated with the Power Generation Facility site activities. Due to well site activities ten (10) acres of the Wellfield Site will be disturbed and the existing agricultural land uses will continue. The existing farm house will be used as a primary dwelling. Further, on both sites the existing agricultural use will be maintained by the use of the water rights presently associated with the farming practices on both sites. f. 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. The Weld County Sheriff's Office and the Hudson Fire District reviewed this application and found no conflicts with their interests.The Colorado Department of Transportation declined to comment. The Weld County Department of Public Health and Environment reviewed this application and recommended approval with the attached Conditions of Approval which will ensure the safety and welfare of the inhabitants of the County are maintained. 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. 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 60 days of approval by the Board of County Commissioners. Extension beyond this time may be administratively granted. (Department of Planning Services) Resolution USR- 1339 Calpine Page 4 2. Prior to Scheduling BOCC Hearing A. The applicant shall resubmit a complete set of case maps,utilizing a consistent scale either 1:100 or 1-:200, for a plat of the plant facility and Well field site and all maps shall be labeled and numbered. 3. Submitted to the Department of Planning Services 10 days prior to BOCC Hearing: A. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.B.1 of the Weld County Code states"new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." (Department of Planning Services) B. The applicant shall submit the Class I Cultural Resource Survey conducted through a third party. Findings of this study shall be incorporated into the design of both sites. C. The applicant shall submit a Notice of Proposed Construction to the FAA pursuant to 14 CFR Part 77 and provide evidence of such filing, to the Department of Planning Services 4. Prior to recording the Plat A. The applicant shall submit the Contingency Plan for review and approval to the Department of Public Health and Environment,Emergency Management Office and the Planning Department. B. A lighting plan detailing on and off site impacts shall be reviewed and approved by Weld County Department of Planning Services staff. The plan shall incorporate exterior lighting designed with hooded downward illumination. C. All ditch and irrigation structures shall be identified by name and a copy of all irrigation and ditch agreements shall be included in the record. D. The applicant shall comply with any requirements cited from the Cultural Resource Study. E. A defined parking area on the plant facility and Well field site shall be identified. The parking areas shall meet the parking requirements of Appendices 23.A and B of the Weld County Code. F. The applicant shall submit appropriate Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Public Health and Environment for the power plan facility and the construction of the gas and water lines. Furthermore, the applicant shall submit evidence of application to the Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division,for the construction of the well field, gas and water lines, and the construction and operation of the Power Generation Facility and Well field Site, if applicable.Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) H. The applicant shall provide evidence to the Weld County Department of Public Health and the Environment that any existing or constructed well(s) have been appropriately permitted/registered with the Colorado Division of Water Resources. Submit evidence of approval/compliance to the Department of Planning Services. Resolution USR- 1339 Calpine Page 5 (Department of Public Health and Environment)T I. The facility shall provide evidence that all waste treatment and disposal systems are designed to meet the "Zero Liquid Discharge" criteria described in the application materials. The systems shall be designed by a registered by a professional engineer. All waste water treatment systems shall comply with all applicable rules and regulations.The applicant shall submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall supply a storm water drainage report in accordance with 23-2- 240 (A5). The storm water management during construction will be controlled through the use of grading, retention ponds, staked hay bales, and other erosion control techniques. Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) K. The applicant shall provide evidence, to the Department of Planning Services, of an agreement between the applicant and Burlington Northern Railroad for the installation of signals and gates at the railroad crossing on WCR 51 and WCR 16 if needed. L. The applicant shall submit to and receive approval from the Weld County Public Works Department fora Weed Management plan.Furthermore,the applicant shall submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Works) M. The applicant shall adhere to the Improvements&Maintenance activities for WCR 51, as specified in the November 5, 2001, memo from Weld County Public Works N. The applicant shall provide approval from Colorado Department of Transportation regarding improvements for 1-76 Frontage Road and l-76/WCR49 interchange and construction activities. O. The applicant shall receive approval for use of Right of Way in accordance with the County Utility Permitting Process. The standard for installation on any gravel roads shall be to return the road to a width of 24 feet with 3:1 fore slopes and a minimum of 4 inched of compacted Class 6 gravel or the existing width and depth whichever is greater. The standard for paved roads shall be the width of the existing roadway. 5. Prior to issuance of CO 1. In the event the well site maintenance building or any structure located on the power plan property is equipped with a floor drain, the applicant must apply for an Underground Injection Control(UIC)Class V Injection Well permit through the Environmental Protection Agency, or provide evidence that the applicant is not subject to this requirement. Submit evidence of approval to the Department of Planning Services. (Department of Public Health and Environment) 2. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. Any existing Septic systems (s) 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 permits. In the event the system (s) is found to be inadequate, the systems must apply be brought into compliance with current regulations.Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) 3. An individual sewage disposal system or package sewage treatment plant shall be installed at the Power Plant to treat sanitary wastes. In the event a septic system is installed, it shall be designed and installed according to the Weld County Individual Sewage Disposal Regulations. In the event a package plan is the chosen method of treatment for sanitary wastes,the plan shall comply with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment.Submit evidence of approval/ compliance to the Department of Planning Services. (Department of Public Health and Environment) Resolution USR- 1339 Calpine Page 6 4. The applicant shall provide evidence it has obtained a permanent, potable water supply to serve the power plant that complies with the Colorado Primary Drinking Water Regulations (5 CCR 1003-6). Submit evidence of approval/compliance to the Department of Planning Services. (Department of Public Health and Environment) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROCKY MOUNTAIN ENERGY CENTER, LLC (CALPINE) USR-1339 1. 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) 2. The Site Specific Development Plan and Special Use Permit isforA Site Specific Development Plan and Special Review Permit for a Use by Right,an Accessory Use or a Use by Special Review in the Industrial Zone District(Power Generation Facility, including a one hundred seven (107)acre Well field Site, an approximately eight(8)mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline in the Agricultural Zone District 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)In accordance with the Application the REMEC design will preserve a significant amount of farmland and environmentally sensitive area of the power generation facility Property for the term of the USR permit, 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. The applicant shall supply an approved water agreement demonstrating that adequate water can be made available to the site for a thirty year period, or change the terms of the USR to ten years. This information shall be provided to the Department of Planning Services two years prior to the expiration of the agreement with the City of Aurora. 4. 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) 5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 6. 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) 7. Fugitive dust shall be controlled on this site. (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 toilet facilities shall be provided for employees and the public. (Department of Public Health and Environment) 10. The applicant shall provide adequate toilet facilities(port-a-potty)during the construction of phases of the project. (Department of Public Health and Environment) 11. The facility shall provide bottled water for drinking during construction of the project. (Department of Public Health and Environment) 12. The facility shall maintain compliance with all requirements of the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 13. The Power Plant shall be equipped with an adequate water supply for drinking and sanitary purposes. The water supply shall comply with all applicable portions of the Colorado Primary Drinking Water Regulations (5 CCS 1003-6). (Department of Public Health and Environment) 14. The facility shall operate as a"Zero Liquid Discharge"site. With the exception to sanitary wastes, no liquids shall be disposed into the earth. (Department of Public Health and Environment) 15. The facility shall not impact off-site air temperatures. (Department of Public Health and Environment) 16. The facility shall adhere to all rules and regulations of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 17. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. Resolution USR- 1339 Calpine Page 2 20. There will be no staging or parking of equipment or vehicles on Weld County Roads adjacent to the proposed facilities. Only on site parking shall be utilized for this activity. All access drives and parking areas shall be surfaced with asphalt or equivalent and shall be graded to prevent drainage problems.(Department of Public Works) 21. All new buildings will require review and building permit approval. Plans for buildings and foundations shall be designed by a Colorado professional architect or engineer.(Department of building Inspection) 21. Hours of operation for construction of the facility shall occur Monday-Saturday from 6a.m.to 6p.m. with the understanding that at commission time of the plant there may be a need for 24 hours on occasion 22. Pursuant to Section 404 of the Clean Water Act,if any work associated with this project requires the placement of dredge or fill materials, and any excavation associated with a dredge or fill project, either temporary or permanent, in waters of the United States the Department of the Army shall be notified. (Department of Army Corp of Engineers) 23. 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) 24. Personnel from the Weld County Departments of Public Health and Environment, Department of Public Works and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 25. 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. 26. 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. 27. If necessary the applicant shall supply an approved water augmentation plan approved by Water court within 30 days of such Water Court approval. (Department of Planning Services) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nickles Cathy Clamp Fred Walker Stephan Mokray Luis Llerena Bruce Fitzgerald The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 6, 2001. Dated the 6'h of November, 2001. Voneen Macklin Secretary The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. 3. CASE: USR-1339 APPLICANT: Rocky Mountain Energy Center, LLC (Calpine) c/v PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: Power Generation Facility: Section 31, T2N, R64W and Wellfield Site:Section 7,T5N, R64W,of the 6'h P.M.Weld County,Colorado and Various Parcels along the Gas Pipeline and Water Pipeline REQUEST: A Site Specific Development Plan and Special Review Permit for a Use by Right,an accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts(Power Generation Facility, including a one hundred seven (107) acre Wellfield Site, an approximately eight (8) mile long Gas Pipeline and an approximately twenty-two (22) mile Water Pipeline) in the Agricultural Zone District. LOCATION: Power Generation Facility: East of and adjacent to WCR 49, one mile north of State Highway 52 just East of 1-76; Wellfield Site, North of WCR 58, West of WCR 51 Monica Daniels Mika, Director of Planning Services presented Case USR-1339, 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. Bryant Gimlin asked why does the county want to change the boundaries of the proposed USR. Mrs. Mika stated in order to make the referred buffer substantial it needs to be address within the boundaries of the proposed site. Monica Daniels Mika stated that the issue concerning the oil and gas notification. Mr. Barker provided clarification with regards to making notification to those who have mineral right interest in the property. There is no objections to the notice provided but draw attention as to whether the House Bill 2001-1088 does apply. Steve Bain;spoke as a representative for the RME Land Corporation, which owns the oil and gas under the proposed site. There is an agreement with the applicant for drilling and production that is in the process and should be finalized in the near future. He requested that there be a condition of approval that would include the finalization of this agreement before the project proceeds, if it is approved. He also stated that RME has no objection to proceeding based upon the notice to mineral owners. Bob Palmeroy, provided clarification and further information on the project. Mr. Palmeroy began with the need for the project and the projection of the electricity in the future. The state expects to have one million new residents. This project will be both clean and energy efficient. There will recycling of the hear exhaust from the turbines to use in the third. The system is gas fired and more efficient than the older coal systems. There will be the same output as Fort St. Vrain but the size of the facility will be dramatically smaller. This project will have 10 year lease to use remaining acres for agricultural purposes with the option on the farmers part to renew this for another ten years. The plant will benefit Weld County by improving electric reliability as well as provide 25 permanent employment positions. There is a thirty year life minimum for the plant. Tax benefits are approximately 84 million. Some of the beneficiaries will be Keenesburg School District, Weld County Library District, Aims,Central Colorado Water Conservancy District and Central Colorado Water Sub- District. Calpine has conducted several outreach venues in order to gain public input. They have also attempted to gain information from local groups as well as the individual public. Dave Perkins, gave the reasons for the selection of this site. Mr. Perkins stated the compatibility of the adjacent land use along with the Railroad tracks and the proximity to the existing utility corridors. The water source and delivery of that water is being addressed. There is an agreement with Aurora to allow delivery for p the next ten years. The delivery will be to the South Platte River. The water will then be withdrawn from the wells adjacent to the river then transferred to the plant through a new proposed pipeline. The selection m. process started with the Request for Proposal process from the Public Service Company RFP process. Public =d ':F W •rw' ad Service suggested certain projection points. The location needed to be verified as to where the need was and with reasonable transmission time of the utility. The compatibility was found in this area because of the existing industrial area adjacent to Hwy 76 and the Burlington Northern Railroad line. The area has been in transition towards the industrial district. This project is close to transportation corridor as well as the natural gas interconnection. Calpine has made attempts to involve each of the affected land owners and offer those owners the opportunity for mitigation measures with regards to landscape visual barrier on their property. Michael Miller asked about the importance of the Railroad spur. Mr. Perkins stated that a number of goods are received by rail. There is also a possibility for a temporary rail spur for construction into the site. This would limit the impact on Weld County roads. Mr. Miller asked about the ponds, and what evaluations have been done with regards to fog and the effects off of those ponds. Mr. Perkins stated that they do not anticipate fog but referred the technical aspects to his associate. Gary Aaron, Plant Manager, stated there is not a large amount of discharge (app. 200 AF) that will combine with the pond which is at ambient temperature in order to make the fog. Stephan Mokray asked about the uses of the water. Mr.Aaron stated that 95%will eventually evaporate while the remaining 5%will be used in the process to cool the plant. They will de-mineralize that water. The water will be recycled and reused several times in the process. Bruce Croker, provided clarification with regards to the water supply plan and usage in the proposed project. The water is primarily used for water cooling purposes approximately 3000 acre feet per year. There is a water lease agreement with the City of Aurora with a possible extension if both parties agree to extend. The method of delivery will be to the South Platte and pumped from wells that are adjacent to the river and transferred through the proposed water pipeline. This project is located within the Box Elder Creek Drainage which has limited surface water rights. Mr. Croker has looked into the possibilities of alternative routes for the water. The plan is based on the reuse of treated wastewater and the plan will not injure existing water rights. There is also an agreement with Central Colorado Water Conservancy, in principle, for longer term water supply beyond the ten year period. Mr. Miller asked why the City of Aurora could not enter into an agreement longer than ten years. Mr. Croker could only speculate as to the answer,which was that the City of Aurora would not want to be locked into the same price for water for a period longer that ten years. Cristie Nicklas asked if the wells have the water court and state approval. Mr. Croker stated that they have not been received yet and will look at several alternatives if they are not approved. Mrs. Nicklas asked how they could prove that the wells in the area would not be harmed by this. Mr. Croker stated that the primary wells will be adjacent to the river to minimize the effect of pumping on the primary water table and the back up well will be further away from the river. There have been models to determine that there will not be an effect off site. The water court will require them to operate in a manner that does not effect surrounding water sites. Fred Walker asked why not pumping directly from the river and not at the aquifer level. This cause the need for a augmentation plan for the wells. Mr. Croker stated that the well will be close to the river while the state engineer says if you're within 100 feet of the river it is a direct diversion and thus there is no need for an augmentation plan. The control will be easier if pumped directly from the ground adverse to putting in a diversion facility. Mr. Walker asked about the augmentation plan that they are discussing with Central and if it is separate from the irrigators. Mr. Croker stated that Central and the applicant have not come to an agreement with regards to the preferred way to do the plan. Calpine will pay an amount of money so that Central can buy additional water to cover Calpine as well as the existing users. Cathy Clamp asked why the option of the plant being air cooled was not considered. Mr. Perkins stated that the dry cooling method was considered but they are contractually obligated to provide a ceratin number of megawatts at a certain heat rate. Dry cooling impacts the output and the heat rate. Mrs. Clamp asked for clarification on the steam turbines. Mr. Perkins stated that there will be two combustion turbines fired by natural gas with the waste heat from those turbines getting turned into steam which will run through the third steam turbine. This process is 40% more efficient than the older coal systems. Mrs. Clamp asked the amount of steam output and the dangers of the ice buildup on the roads and if they would you consider a Road Impact Agreement. Mr.Perkins stated that they have looked at the possibility but the steam plume is directed upwards. The location of the towers are located approximately 3-4 thousand feet from the interstate which allows the steam to dissipate before it reaches the interstate. They are also at a higher elevation from the interstate. Mrs. Clamp also asked about the effects of blow outs and how often during start up and is there mitigation. Mr. Aaron stated that it will occur in the last two months before commercial operation during construction. Silencers are installed on the steam blow lines to mitigate the sound. Blow outs will occur during normal operations and those can be done during daylight hours. Fred Walker asked about the City of Aurora's water being fully consumable. Mr. Croker stated that once the water that is"trans basin" is transferred in to a new basin it is fully consumable. Mr. Palmeroy, provided final summary for the presentation and the topics that were not covered with the questions by the board. Air Quality was determined to be less than the state standards while landscaping will include a buffer of trees around the actual site. Calpine has offered to landscape on homeowners site if they would like. There will be some light at night primarily for safety which will be down directional along with motion sensors or switched lighting. Traffic will be minimum after construction with the best route being off 1-76 down Frontage Road to Weld County Road 51. Calpine has been asked by Weld County Department of Public Works to pave Weld County Road 51, which will be accommodated, and improve the Railroad Crossing at County Road 51. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Randy Yeaker, spokesman for Concerned Citizens of Weld County, discussed several topics concerning a better site preferred by the citizens, along with an unfinished site analysis. The group has done extensive research for a better site north of Keenesburg which it not in prime agricultural land and few residences,along with the fact that there is an existing advantage being near a waste management and Coors Flyash Disposal plants. Mr. Yeaker presented a site comparison of the two sites with the advantage mostly being for the Keenesburg site. Jackie Nunam, had concerns with the water impact and the augmentation from Aurora. There are some concerns with the excess capacity and exactly how much they will actually use. The Wellfield site ground water is not specific with regards to the number of wells. There is no mention of specific ditches that could be affected mentioned in the application. There is no Hydrological Study that has been completed, specific route determined for the gas and water lines. The Concerned Citizens feel that there should be a limit on the capacity that directly relates to the water issues. The waste water will result in a Brine. This Brine has a combination of chemicals and Calpine does not indicate what those are nor does it give any information with regards to the evaporation pond. There has been no decision as to whether a septic or sewage treatment plant will be constructed. Another concern is the impact on air quality specifically the psd pollutants. There are health hazards and crop problems with those air pollutants. There should be a critical habitat studies done. The Banner Lake Bird Reserve should be included into the studies. There are also traffic concerns with regards to trips per day from workforce, deliveries and the significant low calculation of those trips. The plant lighting is a concern. Bryant Gimlin asked about the negativity of both sites. Mr.Yeaker stated that Calpine has yet to prove that this is a better site in comparison with the Keenesburg site. The studies and complete information need to be provided regardless of which site is chosen. Cristie Nickles asked about Banner Lake and where it is located and what is the source of the water. Mrs. Nunam stated it was approximately 1/2 mile east of proposed site and it ties into the Box elder Creek system. Bruce Fitzgerald asked about the Keenesburg site. Mr.Yeaker was told by Calpine that the Keenesburg site was not viable and the time table of it would be upset. Mr. Fitzgerald asked when was Calpine spoken to with regards to this. Mr. Yeaker stated it was approximately 6 months. Julie Blakely, stated that she was against the plant because she feels that Calpine went on a fact finding mission to use information against the citizens. The biggest concern is with the Hudson Annexation and the fact that it was dropped as a considered site. Sharon Parker, stated she was against this project. Her main concerns were of terrorist activity. Power generated would not be consumed into this area it would be sent to Denver area. Mike Lane,stated the major concern would be the steam and the fog over the road and the contract with Excel is for only ten years. Everything seems to be a contingency contract. Bob Grand, stated he supports the plant due to the economic nature. Benefits from Calpine towards the community and the school district. Calpine made a major commitment into the community. Leonard Roskop, President of the Hudson Chamber of Commerce, supports the building of the power plant and submitted a letter of approval. John Cortes, Mayor of Keenesburg, stated that there was no conflicts with Keenesburg. The town supports the Power Plant and the benefits that is would have on all the surrounding areas. The water line was the only issue that needed to be addressed. Fred Walker asked hypothetically about the site being located in Keenesburg and how would the Town feel about it. Mr. Cortes stated that he would think it would be better for the commercial/industrial to be closer to the interstate while the residential areas are not. If the industrial areas are closer to the transportation corridors then there is not a need for the trucks to go through residential areas. Luis Llerena asked about the proposed site having a lack of surrounding houses and if he was opposed to the alternative site. Mr. Cortes stated that the Town would be amicable for the alternative site. Bruce Barker interjected that it is the responsibility of the Planning Commission to only take into consideration the site that was before them today. There was not an application for the alternative site. The criteria must be applied to the current site and if the applicants wish to investigate an alternate site it would then need to come back through the process with that site. Mark Coffman, stated that he was in favor of the power plant. Craig Pralle, member of the Southeast County Fair Board, stated that he was in favor of the plant. Boyd Arnold;stated that he was in does not want more traffic going down the road. He would support it next to the area. Carrie Kuntz;stated she was in favor of the power plant. She believes that the school district will benefit from this. Alex Swank-stated that he was in opposition of the site because the future of the area was in question. He wondered what would be next. The different proposed location is not in prime farm ground and the proposed site near Hudson is. Brian Perry-stated that he was in opposition of the project. He does not want the power plant because of the new transmission lines added on his property. Mark Richards,—stated some of the positive aspects consisting of the large tax base, increase in jobs during construction and the traffic will be minimal once construction is done. Along with the fact that the vapor issue is virtually non existent. Michael Miller asked about the vapor and ground effect. Mr. Richards stated that the effects were virtually no effect on the roadways. Marvin Wade, Superintendent of Weld RE-3J School District, stated that he is in favor of the plant both personally and professionally. Mr.Wade stated that the school district will be a benefit and Calpine has made every attempt and given every answer that was requested of them. A resolution was submitted into the records. Bryant Gimlin asked about the bus routes that would be effected with the vapor. Mr. Richards stated that the vapor was not a significant issue to not vote for it. Jody Marx;stated that she is in opposition and wants to know about the compensation for the land owners. The tax benefits will he great for either site. The decision will impact several homes. Joe Roper; stated he was in favor of the plan. He lives in close proximity to a plant and feels that the fog banks come from the Fort Lupton Plant being built to close to the road. Ed Rossie,Mayor pro-tern Hudson,stated they are in support of the plant because of the benefits that it would bring to the community of Hudson. Mr. Rossie further stated that responsible growth needs to be done but growth cannot be stopped. J. Phillip Brewer, stated he has concerns with the planning that would abort future problems. Mr. Brewer would like to see the buffer designated in the future. There would never be a change of zone. Judy McGill-stated she is in support of the project. Pamela Simpson;stated she is in support of the project. Jim Magnatee; has three statements. 1. What happens to land value when a plant is built next door? The value went up by 600%. 2. What happens to land value when high tension lines are built next door? The value goes up 15%. 3. What happens to land value under high power transmission line. The value goes up in value over 200%. Ron Klaphake-stated he was in support of this project. He reiterated the benefits that the plant will give to the neighboring community. Lloyd Land, representing adjacent land owners, stated that both owners represented were in favor as well as himself, a land owner, in favor of the project. Mr. Land is the farmer that maintains the 10 year lease for the purpose of agriculture. John Hofffmiller-stated he was in favor of the plant. Jim Lambert-stated he was in favor of the plant and the benefits would be great. The chair closes the public portion of the meeting. Mr. Palmeroy-provided additional information with regards to the issues that were brought up during public comment. Specifically with regards to the site before the Planning Commission. Mark Podrez, Air Quality Consultant, provided clarification on the vapors with regards to the Hwy 76 to the north. The proximity of the site to the roadways bear a large factor in the issue along with the usage of dry turbines where there is no water injections. The Calpine towers use a high efficient mist eliminators which prevents the water exiting to be 10 times lower that the older designs. Mr. Podrez stated that the location of the plant along with the meteorological issues or conditions can be conducive to the ice and fogging. Computer models were used to evaluate the possibility and area effected. These models were done with a very conservative analysis. The results indicated that the cooling tower plume could be visible by the Highway 3/4 of 1% in a year. By the time that you are at an area of 3/4 of a mile away there will be virtually no effect from the icing or vapor concentration. Mr. Podrez addressed the issue of icing on Hwy 52 by stating that the wind blows 40%+ of the time from the south southeast direction. Michael Miller asked about the emission and if there was a better possibility. Mr. Podez stated that they already have the best possible options and there could be nothing done. Mr.Miller asked the final height of the cooling tower and the dimensions of the plant. Mr. Palmeroy stated that the height would be 65 feet of the cooling tower. Mr. Aaron stated that the dimensions with the generator would be 90 feet high above grade and approximately 150-200 ft in length with a exhaust stacks 175 feet above grade and 18.5 feet in diameter. The width is approximately 40 feet. Michael Miller asked about the effects on the irrigation ditches and the brine, does it have a hazardous material? Mr. Aaron stated that there would be no effluent from the pond to the creek and the evaporation pond is the final destination. There will be nothing released off site. The brine becomes a sludge bed and it may need to be emptied and trucked off to a landfill and designated as a non-hazardous material. Mr. Miller asked about the activity going on 24/7. Mr.Aaron stated that this would be during construction and during the final phase of commissioning. Proposed is a 12 hour shift construction. Bruce Croker-stated that there will continue to be water used by the leased land to farm. Mr. Miller asked about the projection and the water being 3000 or 5000 acre feet. Mr. Aaron stated that the 3000 feet is an annual level. There will be times when the draw is higher as well as lower. Steve Mokray asked where the gas line is coming from. Mr. Aaron that they will be interconnected with Colorado Interstate Gas main feeder line. Cathy Clamp asked about the environmental studies with regards to Banner Lakes. Mrs. Mitchell, Environmental Planner, the studies have been limited to the properties that are within the site. Calpine has had discussion with Department of Wildlife(DOW)and conclusion of the studies were that there was no effect within this area. The studies that were done were for the site as well as the areas along the pipeline and the conclusion was that there was no effect on any wildlife species. There was a site specific study along Box Elder Creek area and found there was no effect. Mr. Miller asked about the risk to wildlife with regards to the ponds. Mrs.Mitchell discussed with DOW and determined that the ponds might be of a benefit. Mr. Palmeroy added that the DOW issues have been address. Mr. Palmeroy addressed the following issues with the development standards and the conditions of approval. The issues will be item 2A and the water issue and providing a water agreement prior to scheduling the Board of County Commissioners (BOCC) and having the agreements for the full thirty years of water supply. Ms. Mika stated that the change should and is in effect with the code requirements. There could be some language changes but there needs to be something that guarantees the water supply for the life of the plant. Mr. Palmeroy stated that it was their hope that the ten years would carry them for now and they are asking for the time to work through the problems. The amount of time will take possibly a couple of years with the Water Court. Bruce Barker provided clarification with regards to the adequacy of the water supply amount and where the water supply is coming from. Michael Miller stated his concern with the fact that there was no time period included that would enable the County to begin process of revoking the permit. Mr. Miller suggested that language be in place stating that 2 years prior to the expiration of this water lease (City of Aurora)or any applicable extension of the lease the applicant has to provide written confirmation of the next lease. This would force the applicant to provide the information to maintain the permit. Monica Daniels Mika stated her concerns with the ability for the Planning Staff to do the follow up. She suggested that the responsibility be placed on the applicant to provide the information to staff. Mr. Palmeroy,wants to change Condition of Approval 1 from 60 days to 120 days. Bruce Barker stated that the 60 days is there to prove that they are doing something that shows they are working on it. Condition of Approval item 2B the survey is not being done through the Colorado Historic Preservation Office and that this be done prior to having the BOCC hearing and not prior to the scheduling of the hearing. Monica Mika stated that the applicant stated in the application that this study was being done and the Department of Planning Services needs to obtain that information to be able to make a request. It is a good idea that a third party does the study and it can be done prior to the BOCC hearing. Mrs. Mika would like to have that study in the Department of Planning Services office ten days prior to the hearing. Mr. Paimeroy stated that a third party is doing the survey. This survey is done on the Wellfield site. Next, is Condition of Approval item 2C and what is Contingency Plan and if it can be done prior to the recording of the plat not the BOCC hearing. Mrs. Mika stated that the applicant was the one who proposed the Contingency Plan. The one thing is that the Plan be reviewed by Emergency Management. Mrs. Mitchell provided clarification with regards to what they think the Contingency Plan is with regards to closure plan,temporary and permanent. Mrs. Mika stated that the Plan can be submitted with the plat. This can be moved to prior to recording the plat. Mr. Palmeroy had issues with Condition of Approval item 3.A.(3), specifically, problems with the buffer area and realigning the boundaries. There is are some legal problems with realigning the boundaries with regards to notice. Bryant Gimlins stated he would like to see it stay agriculture. Bruce Barker stated that a Conservation Easement may be appropriate. Mr. Palmeroy asked to modify item 3.A.(1)to remove the language with regards to the DOW and can live with the plan being approved by the Weld County Department of Planning Services Staff. Luis Llerena has issues with expanding the site and not maintaining it as an agricultural use. Mr.Miller agreed that the conservation easement sounded to be the one thing that would benefit both parties. Mr. Palmeroy stated that they are working on a conservation easement. The one problem is that they are not directed to do the easement that it is ordered. Mr. Barker provided some clarification with regard to a the conservation easement. Mrs. Mika provided some language with regards to siting language from the application. This language can be made a condition stating from information in the application "only 14% of the property will be occupied by the RMEC within the USR boundaries and will conserve a significant amount of existing farmland in environmental sensitive areas for a total of 545 acres. The majority of the remainder of the 633 acre property will be maintained for Ag purposes to remain as a buffer to the existing residences in the vicinity of the power plant." This still gives the applicant the ability to do the conservation easement but does not direct them to do so. Mr. Palmeroy stated siting those parts of the application is true. Mr. Palmeroy wants the record to reflect that it was Calpine's initiative to begin the process for the conservation easement. They do not want any part of the extension of the USR boundaries. Mr. Palmeroy had further issues with 2.B. were grammatical changes as well as the submitting evidence of approval, but submitting evidence of application. This would enable Planning Services to know that they are in the process, knowing that it takes time to complete and process. Char Davis stated that there was not much problem because they are going to have to go through the State for the process but had problems with wording with regards to construction. She suggested the Commission include the words"for construction and operation" and "construction of gas and water line." Mr. Palmeroy questioned item 2.C.with regards to the timing and the issuance of the permit(UIC), if needed, would be a pre-operation permit. He would like to change the time line to reflect"prior to operation"not"prior to recording the plat." Char Davis stated that she has issues with this in regards to following up on the application. Ms. Mika stated to strike the language prior to commencing commercial operation and it can be added to the building permit application and this enable the ability to enforce. The language would be changed to "Prior to the issuance of a CO " This would be a new category consisting of"Prior to the issuance of CO." This new category would include 3.H. and I. Mr. Palmeroy stated that his next issue was with 2.D.with regards to the residential premises. This concern relates to the residences at the Wellfield and Power Plant Site. Char Davis stated that the septic systems,whether commercial or residential, is still septic system. Mr. Palmeroy had issues with Item J. and what was being required. Calpine has a letter stating all • of the requirements and they have agreed to them. There will be deletion of 3.K, L, M, N and renumbered to L, M, N, O stating 3.L. to be"the applicant shall adhere to the Improvements and Maintenance activities for WCR 51,as specified in the November 5,2001, memo from Weld County Department of Public Works." 3.M. shall state that"the applicant shall provide approval from CDOT regarding improvements for 1-76 Frontage Road and the I-7/WCR 49 interchange and construction activities. 3.N. shall read "the applicant shall install signals and gates at the Railroad crossing on WCR 51 and WCR 16 if needed. 3.O.shall state"the applicant shall receive approval for use of right of way in accordance with the County Utility Permit Process. The standard for installation on any gravel roads shall be to return the road to the width of 24 feet with 3:1 for slopes and a minimum of 4 inches of compacted Class 6 gravel or the existing width and depth whichever is greater. The standard paved roads shall be the width of the existing roadway." Item 3.J.will be deleted. Mr. Palmeroy stated the he would like to change language in Item 3.K.from "evidence of approval/compliance" to"the report." Mr. Hempen does not have a problem with the request. Next was Item N and the applicant would like to have this within 30 days of water Court approval. Ms. Mika stated the language is fine with the addition of"if needed". The final issues is with the Development Standard #4 with regards to the Emission Permit. There is no emission and the applicant would like to have that removed. Finally back to the issue of the buffer zone. Mrs. Mitchell provided the following language with reference to 3A(3)in the Developmental Standard 3. The language is as follows:"In accordance with the application, the RMEC design will preserve a significant amount of farmland and environmentally sensitive area of the Property for the term of the USR Permit." Mr. Palmery stated that the inserts from Planning Services are grammatical issues. Access issues at the Wellfield site are from both 51 and 58 and the addition of the letter dated 10/25/01. Item 2.A. on Planning Staff with regards to the Oil and Gas exploration, would prefer it to be prior to the hearing before the Board of County Commissioners, not the scheduling of the hearing. Mr. Bain stated that the one outstanding issue has been resolved and there is nothing left but to get it down in black and white for signatures. The one issue of concern has been resolved. This agreement can be done prior to the hearing. Ms. Mika stated it that the requirement of an oil and gas agreement can be moved to"two weeks prior to Board of County Commissioners hearing" rather than "prior to scheduling BOCC hearing." Item 2.A.(5)deals with the parking area and requests that it be paved. This would take the ground out of use for something else. Mr. Miller asked if it was road base or some other type of material. Ms. Mika stated that the words "be paved and"can be removed. Ms. Mika added that there are some issues that need to be addressed prior to the motions. One of those being the submittal of a Cooling Tower Vapor Study Fog Plan to the Weld County Department of Environmental Health for approval with the outcome being incorporated into the design of the site. This would be addition of things. Also the Planning Department would like to have the applicant submit to scale a plat layout showing all structures to the FAA for approval. All conditions of the FAA will be incorporated into the design of the structure and facilities. FAA might want to require beacons on the tops of the towers. There are also some specific changes to 2.A. with regards to the applicant shall submit a copy of the agreements. 2.E. suggests the submitting of the maps with a adequate scale. The plat maps need to be the same scale. Page 11 number 22 specifies the hours of operation needs to be something. The suggestion is that the hours of operation during construction should be M-S from 6am - 6 pm. This will cause renumbering. Luis Llerena questioned the hours of operation for construction as well as the actual operation. The suggestion is to go from sunrise to sunset instead of actual hours. Mr. Palmeroy stated that there will be a need for 12 hours a day during the construction but at the time of commission of the plant there will be a need for 24 hours on occasion. There may be time during construction that will need to be more than the 12 hours a day. Mr. Palmeroy agreed to the 6-6 time frame. Fred Walker moved to accept the applicants proposed language for page 7,item 2.B.in the County document. Cristie Nicklas seconded motion . This will be placed as a Development Standard #2 The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved to change 2.C. to be accomplished within two weeks prior to BOCC hearing and that Cultural Resource Study be done by a third party. Bryant Gimlin seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Bryant Gimlin moved to accept the language on item 2C from the applicant changes with regards to the Contingency Plan and make it 3A(6). Cathy Clamp seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved 3A(3)that deals with the conservation easement. It is moved to accept the applicants language. Bryant Gimlin seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved that"be paved in" be removed from 3A(5). Cathy Clamp seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved to change the word approval to application in 3B. Bryant Gimlin seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cathy Clamp moved to change the location of 3C, H, Ito 4 A, B, C under the heading of Prior to the issuance of CO. Bruce Fitzgerald seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved to delete 3 J, K, L and insert Ms. Mika language stated earlier with reference to the Memo from Department of Public Works. Cathy Clamp seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved to accept the applicant language and change it to the Department of Public Works. Bryant Gimlin seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Bryant Gimlin moved that Development Standard #4 be deleted and it be renumbered. Cristie Nicklas seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Bryant Gimlin moved to change the hours of operation to Monday thru Saturday from 6am to 6pm during plant construction and during commission phase the applicant will be allowed to operate 24 hours a day. Cristie Nicklas seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Cristie Nicklas moved to change 2A to two weeks prior to the BOCC Meeting. Cathy Clamp seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Bryant Gimlin moved to change the order of the Development Standard to consist of #2 being the water agreement, #3 be the boundary issues 3A(3). Cristie Nicklas seconded The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,yes;Fred Walker,yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Bryant Gimlin moved that Case USR-1339,along with the amendments,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. Stephan Mokray, yes; Michael Miller, yes with comment; Bryant Gimlin, yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes with comment; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Mr. Walker commented that the water supply plan has some lasting effects on the farmers in the area. Mr. Miller commented that they are in a difficult position with trying to balance the growth of the County and the new development. They are in a position to try and make things work. The Board of Count Commissioners needs to be aware of the concession made by the Board with regards to the water and the buffer area. Those issues need to be addressed at the Board of County Commissioners hearing. Meeting adjourned at 8:40 p.m. Respectfully submitted '\jO\NL2L-) - Voneen Macklin Secretary --pRiK\it / _ ,,,,,,l_ t c 1_5 L.‘ar r...Lay /V( /T(4 s7--,--T, „wig ,,,,,,,i ,„ 0.:8,_,7 �C..�� y 12C�a11 ,yam\A ici--KO0U d"IFleKE. 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