HomeMy WebLinkAbout20242510.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, August 6, 2024
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 Vice Chair
Butch White, at 1:30 p.m.
Roll Call.
Present Butch White, Michael Wailes, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Michael
Biwer, Cindy Beemer.
Absent: Pamela Edens.
Also Present Chris Gathman and Diana Aungst, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 2, 2024 Weld County Planning Commission minutes, Moved by Michael Wailes,
Seconded by Michael Palizzi. Motion passed unanimously.
Motion: Appoint Butch White as Chair for Planning Commission, Moved by Michael Wailes, Seconded by
Michael Biwer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Motion: Appoint Michael Wailes as Vice Chair for Planning Commission, Moved by Michael Palizzi,
Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0010
Sunlight Farm, LLC, c/o Pivot Solar 59, LLC
Chris Gathman
A Site Specific Development Plant and Use by Special Review for a Solar Energy
Facility (SEF) in the A (Agricultural) Zone District, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Part of the SE1/4 of Section 11, Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
West of and adjacent to County Road 47; approximately 385 feet north of County
Road 70.
Chris Gathman, Planning Services, presented Case USR24-0010, reading the recommendation and
comments into the record.
Mr. Gathman stated that four (4) letters of opposition were received from surrounding property owners. The
letters outlined concern with a view shed, the ability to irrigate and maintain vegetation, importance of
establishing vegetation prior to installing the panels, allowing screening for property owners who are request
it even if it's more than 500 feet away, damage from hail storms, impact on wildlife, detracts from the
agricultural aesthetics, glare concerns from panels impacting local air traffic, and want to make sure the
facility is property vegetated to prevent soil erosion and/or weed control. Mr. Gathman noted that the
applicant has been corresponding with surrounding property owners in response to the letters.
Mr. Gathman stated that the applicant has requested to amend Condition 1.G to read "The applicant shall
present evidence to the Department of Planning Services that the applicant is making commercially
reasonable and good faith efforts to obtain irrigation water for the site. The applicant shall continue to make
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2024-2510
commercially reasonable and good faith efforts to obtain irrigation water for the site". He added that the
applicant provided an email on Monday, August 5th that they are continuing to work with and obtain water
for the site and the intention is to have an agreement finalized prior to the County Commission Hearing on
August 21St
Mr. Gathman provided Environmental Health's review of the public water and sanitary sewer requirements,
on -site dust control and the waste handling plan.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Kyle Sundman, Pivot Solar Energy, 1601 Wewatta Street, Denver, Colorado, stated that they are proposing
a 5 -megawatt project with construction to last over three to four months. Expected life of the facility is 20
to 40 years. The site is a dry, unirrigated parcel; however, they are working with one of the neighbors to
acquire water to bring to the site.
The community meeting in December had 16 attendees and they received one (1) letter of support, one (1)
neutral letter and two (2) letters in opposition. The main concern was visual impacts, therefore they have
made an offer to anyone within buffer zone to screen with an opaque fence or landscaping. The noise from
the inverter is similar to a residential air conditioning unit. Therefore the inverters are as far away as
possible from the residences. Mr. Sundman said that they are proposing drip irrigation on site and grow
grass or crops.
Matthew Eifert, 34101 CR 47, stated that his parents own the farm and over the years they grew alfalfa,
sorghum, corn for their livestock and vegetables for their table. Over the years, farming the land grew more
difficult due to the lack of water provided from the farms two shares, which eventually they had to sell. In
recent years the land has stood vacant due to the lack of water and resources to sufficiently care for it. Mr.
Eifert said that Pivot Energy has provided an opportunity to rehabilitate this land and ensure proper care
and management for the foreseeable future. Out of good faith, Pivot Energy has already demonstrated
their commitment to improving their land by investing in weed mitigation and grass seeding opportunities
conducted by their neighbor, Brad Moos. With the ongoing challenges to keep up with the bills and help
his mom continue making payments to keep the farm in their family, they believe working with Pivot Energy
for the solar farm is their best choice. Along with the financial benefit to their family, they believe the land
improvement and water that Pivot Energy is working to bring to the property will benefit the community and
future generations.
Commissioner Beemer referred to the temperature monitoring that the applicant mentioned and stated that
in the application packet there was a Heat Island Report and asked the applicant to elaborate more on the
monitoring that is done in comparison to what adjacent vacant land would have and what the purpose of
that Heat Island Report is. Mr. Sundman said the Heat Island Report was provided to a neighbor who had
expressed that concem. He added that the solar panels do not cause a heat island.
Commissioner Hammond asked to identify the plugged oil and gas well, as well as the access to it, on the
on the proposed site plan.
Commissioner Beemer referred to Development Standard 7 in the Staff Report regarding glare and asked
how that will be addressed with the adjacent property having flights in and out of it. Mr. Sundman said that
they use the industry standard glare analysis tool and put observation points on all railways and adjacent
properties and run a glare study which shows the orientation of the panels as it relates to the sun and
determines where there are glare impacts. He added in this case, the study showed that there are no
impacts.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brian Hamilton, 22645 CR 70, stated that their land is adjunct to the site and added that they have plans to
build a house. He said that the plans they have will look directly at the solar facility. Mr. Hamilton said that
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Pivot Energy has been in communication with them, but there is no agreement in place as to what they are
going to take care as far as vegetation and some type of barrier to mitigate some of the visual impacts. Mr.
Hamilton expressed concern that won't have their agreement finalized if this proceeds forward with approval
from the county commissioners.
Brad Moos, 22639 CR 70, stated that this project was first proposed they were adamantly opposed to it
because of the fear of the unknown. He commended Pivot Energy with their continued communication and
added that he is currently in negotiations with them to help with their vision for the property. Mr. Moos said
that the general concept is that in order for the project to be successful has to be successful for both parties
and feels that Pivot Energy has done a good job of addressing any concerns.
Commissioner Palizzi asked if they are proposing to get water from him. Mr. Moos replied yes and added
that they are in negotiations of using his irrigation water.
The applicant had no further comments.
The Chair asked Staff for changes to the Resolution. Mr. Gathman stated that the applicant is requesting
an amendment to Condition of Approval 1.G. He added that the applicant is in ongoing negotiations to
obtain water so it has been modified that the condition is that they have to actively pursue obtaining water.
Motion: Amend Condition of Approval 1.G, Moved by Michael Wailes, Seconded by Barney Hammond.
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 USR24-0010 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Michael Biwer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
1 MJUSR24-12-0061
Colorado Property Holding Company, LLC
Diana Aungst
A Site Specific Development Plan and Major Amendment to Use by Special
Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and
Service Facility (parking, staging and maintenance of oil and gas trucks and
storage of portable toilets) in the A (Agricultural) Zone District.
Lot A Recorded Exemption RE -1506; being part of the SW114 of Section 19,
Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 42; east of and adjacent to County Road
49.
Diana Aungst, Planning Services, presented Case 1MJUSR24-12-0061, reading the recommendation and
comments into the record. Ms. Aungst stated that notice was sent to five (5) surrounding property owners
within 500 feet of the subject property. No correspondence was received.
Ms. Aungst provided Environmental Health's review of the public water and sanitary sewer requirements,
on -site dust control and the waste handling plan. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
Commissioner Wailes asked how it was determined they were not in compliance. Ms. Aungst said that the
outdoor storage of the roll -off dumpsters and the portable toilets are not allowed in the agricultural zone.
Mr. Wailes asked what happens if the major amendment is not approved to the original USR Permit. Ms.
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Aungst said that if they don't remedy the violation, the probable cause/show cause hearing will proceed to
determine if the applicant can meet compliance.
Hannah Dutrow, AgProfessionals, 3050 67th Ave, Greeley, Colorado, stated that the applicant is requesting
an amendment to USR12-0061 to update operations of an existing oil and gas support service business.
She added that Atlas Energy and Fortress Development Solutions are the companies on site.
There is an existing residence on site and the shop building will continue to be use for operations. Ms.
Dutrow provided a brief summary of the visual site plan. Maintenance of the vehicles will be performed
inside the shop building.
Commissioner Palizzi asked about the concerns from the Division of Water referral. Ms. Dutrow said that
the well was repermitted when the previous owner applied for their USR and it is a commercial exempt well
which no longer includes residential uses. She added that they are working with Central Weld County
Water District to have a water study done as they believe that is the most plausible solution, otherwise they
will have to go through well augmentation process with the Division of Water Resources.
Commissioner Hammond asked if the septic system will be affected if the status of the water well will
change. Ms. Aungst said that the septic systems are reviewed separately, however, they will need to
ensure that the septic systems are appropriately sized to accommodate for the growth of the site.
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 asked the applicant if they have read through the 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 1MJUSR24-12-0061 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 Michael Palizzi, Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0011
Samuel and Laura Gavito, do Gavito Trucking, Inc.
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (truck parking) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -4146; being part of the SW1/4 of Section 1,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 23; approximately 0.63 miles north of County
Road 22.5.
Diana Aungst, Planning Services, presented Case USR24-0011, reading the recommendation and
comments into the record. Mrs. Aungst noted that three (3) letters were received with one letter in support
of the operation and two letters with concerns. The concerns outlined the 16 -foot easement used as an
access by the applicant and the property owner to the east and damage to and irrigation pipeline and option
of reimbursement should it be damaged. Mrs. Aungst provided Environmental Health's review of the public
water and sanitary sewer requirements, on -site dust control and the waste handling plan. The Department
of Planning Services recommends approval of this application along with conditions of approval and
development standards.
Hannah Dutrow, AgProfessionals, 3050 67th Avenue, Greeley, Colorado, stated that Gavito Trucking is
requesting a USR Permit for a primary use of oil and gas support service business with accessory
agricultural support and service. Gavito Trucking specializes in the transport and delivery of equipment
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and materials for oil and gas sites as well as to custom farming operations around the county. Ms. Dutrow
noted that Gavito Trucking has been in operation at this site for 10 years and were unaware that a USR
was required until this year. Currently there are 3 employees with future growth of up to 9 employees.
Ms. Dutrow stated that the current existing access meets intersection spacing requirements, however, it is
not able to meet the 330 -foot spacing between accesses. She added that the access is a historically
documented access that is shown the recorded exemption plats. Based on the available frontage, existing
site topography, existing recorded access easement and existing unpermitted accesses not a part of this
request, Ms. Dutrow requested that the current access be allowed to remain without additional permit
requirements.
Ms. Dutrow stated that they are also requesting a variance from the type of tracking control at the access.
The existing tracing control consists of road base and larger decorative type aggregate. She said that
tracking of debris onto the road has not been an issue and added that there is an existing irrigation line in
the road that would be negatively impacted with these changes.
The Chair asked, if there was anyone in the audience who wished to speak for or against this application.
William Lewis, 11446 CR 23, stated that he is adjacent to this site and farms 100 acres. Mr. Lewis stated
that he has been denied access to the easement by the applicant. He is most concerned with the ballooning
effect of having more and more of these noisy vehicles and people being up all the time. He said it will
impact his quality of life.
Dianne Jacobini, 11446 CR 23, said that their property surrounds the applicant in the back. Ms. Jacobini
isn't sure how this supports agriculture as the trucks appear to be very large, interstate trucks. She
expressed concern that they start their trucks at 5:00 or 5:30 in the morning. She said that they weren't
aware of wanting to increase to 11 trucks and added that they wouldn't be unreasonable with the number
they have now, however, they were surprised at the increase in numbers.
Veronica Cantrell 11016 CR 23, Ft. Lupton, stated that they have been neighbors of the Gavitos for years.
Ms. Cantrell said that they are great neighbors and create no dust or noise from their operation. Ms. Cantrell
stated that she is in support of this business.
Nicole Cantrell, 11176 CR 23, stated that this property is clean and meticulously maintained. Ms. Cantrell
said that she receives more noise from the NCC gravel pit that is next door. She referred to the tracking
control variance and said that because the NCC gravel pit was not required to put any of those provisions
in place, she doesn't feel that Gavitos should have to install the traffic control as well. Ms. Cantrell
suggested that no further screening be recommended or installed.
Ms. Dutrow referred to the access easement and added that in their site plan they identify the easement
and show the parking adjacent to that making sure it is maintained.
Ms. Dutrow said that the trucks will be leaving the site at 5:00 a.m. and returning at 7:00 p.m. She said that
these are standard semi -trucks and they are proposing nine (9) trucks, not 11.
Wailes asked Staff to speak about the difference between a USR and a Change of Zone to the site.
Commissioner Palizzi asked staff for further explanation on the access situation. Melissa King,
Development Review, stated that while the access is historical, the one to the south of it is very close and
also in that same circumstance. Because of the request to amend their permit, the access is revisited and
because it is going to a commercial access staff will be reviewing it per the county code. Mr. Palizzi asked
what happens if they cannot meet that spacing requirement. Ms. King said that there are circumstances
where people cannot physically meet that standard based on the size of their property or other constraints
but that doesn't mean that the access permit would not be given for the best possible location at that point.
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Ms. King said that Development Review has not received a variance request or any notification of a request
for tracking control. She added that currently the tracking control that staff has requested is commercial for
an access onto a paved road and that is still what we are expecting to see. Ms. King said hopefully they
will submit a variance request in writing but as it stands right now they must comply with the County Code.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Biwer asked if this is approved and if the applicant in the future decides to challenge that
tracking control, will it become a separate issue.
Ms. King stated that the Resolution says that they should label the tracking control on their plat and to install
it. The tracking control is required to either be double cattle guards and 100 feet of asphalt or 300 feet of
asphalt. She added that with regard to the traffic on County Road 23 there are 422 vehicles per day with
20 percent trucks and said that the other mining operation has made dramatic improvements to County
Road 24 and 23. She said that they actually paved their part of the road and made turn lanes.
Motion: Forward Case USR24-0011 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 Virginia Guderjahn, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Commissioner Wailes said that based on the information given today regarding the possibility of a tracking
control variance, he is in support of the variance.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:37 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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