HomeMy WebLinkAbout20241890.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, February 20, 2024
regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley Colorado. This meeting was called to order by Chair Elijah
Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Shona Morgan, Virginia Guderjahn, Barney
Hmmond.
Absent: Pamela Edens, Michael Palizzi.
Also Present: Kim Ogle, Department it Planning Services, Lauren Light, Department of Health, Karin
McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 6, 2024 Weld Ccunty Planning Commission Minutes, Moved by Michael
Wailes, Seconded by Butch White. Motion passed unanimously.
Case Number: 1MUSR23-99-1236
Applicant: Public Service Company of Colorado, dba Xcel Energy
Planner: Kim Ogle
Request: A Site Specific Development Plan and First Minor Amendment to Use by Special
Review Permit No. USR-1236 fora Major Facility of a Public Utility or Public Agency -
Fort St. Vrain to Green Valley 230 -kilovolt (kV) double circuit electric transmission line
including the relocation of 4.5 miles of existing 230 -kV electric transmission line into
new right-of-way and the relocation of 4.5 miles of existing 230 -kV electric
transmission line within the USR-1236 right-of-way to accommodate engineering
requirements for Pathway crossing of the existing transmission lines within the USR-
1236 right-of-way outside of subdivisions and historic townsiles in the A (Agricultural)
Zone District.
Legal Description: The realigned Transmission line interconnects with the existing transmission line
approximately one-half mile east of County Road 29 in Section 9, Township,3 North,
Range 66 West, then heads in a southerly direction through Sections 16, 21, 28, and
one-half mile into Section 33, Township 3 North Range 66 West, then turns east for
one-half mile to the interconnection point of the existing transmission line on County
Road 31 all located within the 6th P.M., Weld County Colorado.
Location: Generally located east of County Road 29, south of County Road 36, west of County
Road 33 and north of County Road 26.
Kim Ogle, Planning Services, presented Case 1MUSR23-99-1236, reading the recommendation and
comments into the record. Mr. Ogle stated that this application is for the relocation of 4.5 miles of existing
electric transmission line approximately one-half mile to the west from its current location. Mr. Ogle noted that
less than five (5) phone calls have been received and no written correspondence has been received for this
application. Planning Staff have spoken to landowners who visited the office with concerns about the alignment
and impacts to their property, including views to the west. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
Mr. Ogle requested to amend Condition of Approval 1.D to read "The applicant shall acknowledge the
requirements of the Weld County Oil & Gas Energy Department as stated in the referral response dated
November 1, 2024, by submitting written evidence to the Weld County Department of Planning Services in the
form of the notification letters Xcel Energy sent to seven pipeline operators in October 2023 which gave pipeline
operators information about Pathway and contact information to facilitate further coordination".
Mr. Ogle requested to amend Condition of Approval 5.A to read "The applicant shall submit a copy of Xcel
Energy's Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District
and review the plan with the Fire District and the Weld County Office of Emergency Management prior to
commencing construction. Submit evidence of compliance to the Department of Planning Services'.
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2024-1890
Mr. Ogle requested to amend Development Standard 4 to read "The operator shall provide written evidence of
an approved Emergency Action and Safety Plan".
Mr. Ogle requested to amend Development Standard 13 to read "During construction, 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".
Mr. Ogle requested to amend Development Standard 14 to read "During construction, no permanent disposal
of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from
the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S".
Mr. Ogle requested to amend Development Standard 15 to read "During construction, waste materials shall
be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article
1 of the Weld County Code.
Mr. Ogle requested to amend Development Standard 18 to read "During construction, adequate toilet facilities
and handwashing units shall be provided. Screened portable toilets are acceptable. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be
removed upon completion of construction".
Mr. Ogle requested to amend Development Standard 21 to read "Necessary personnel from the Weld County
Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access
onto the property at any reasonable time, with advance notice of 48 hours, in order to ensure the activities
carried out on the property comply with the Conditions of Approval and Development Standards stated herein
and all applicable Weld County regulations".
Mr. Ogle requested to amend Development Standard 24 to read "Construction or use pursuant to approval of
a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown,
upon a written request by the applicant".
Mr. Ogle requested to amend Development Standard 25 to read "A Use by Special Review shall terminate
when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the
time period established by the Board of County Commissioners through the approval process expires. The
applicant may notify the Department of Planning Services of a termination of the use, or Planning. Services
staff may observe that the USE has been terminated. When either the Department of Planning Services is
notified by the applicant, or when the Department of Planning Services observes that the USE may have been
terminated, the Planner shall send certified written notice to the applicant asking that the applicant request to
vacate the Use by Special Review Permit".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and APEN
requirements.
Andrew Holder, Director of Community Relations at Xcel Energy, 1800 Lorimer Street, Denver, Colorado,
stated that Xcel Energy is proposing the Colorado Pathway Project which is a $1.7 to $2 billion dollar
investment to create a new double -circuit 345 -kilovolt electric transmission line. This will be up to 610 miles
divided in to five (5) segments and includes four (4) new substations and expansion, equipment additions or
equipment upgrades at four (4) substations. Mr. Holder added that this will create a transmission loop that has
not been seen in Colorado previously and will enhance system reliability.
Mr. Holder said that this project will support economic viability in Colorado with delivering significant economic
benefits to rural communities in eastern and southern oorado.
Cory Miller, Siting and Land Rights Agent, 1800 Lorimer Street, Denver, Colorado, stated that Xcel Energy
analyzed an area 20 miles wide between each of the end points of each of the segments of Pathway. The
data that was collected was used to try to determine a preferred route to construct a transmission line but also
to service the transmission line once it is in operation. That preferred route ultimately translated into their
proposed Pathway alignment that is proposed for the project under USR23-0039.
Mr. Miller said that in order to construct the proposed route, they have to relocate a segment of an existing
transmission line to accommodate that construction. He added that directly adjacent to County Road 31 is an
existing transmission line right-of-way that is mostly owned by Public Service Company of Colorado and it
currently houses three (3) existing transmission lines. He further added that there is one double -circuit 230kv
transmission line which occupies the western most portion of the right-of-way . There is one single -circuit
230kv transmission line which occupies the middle portion of the right-of-way. Additionally, there is one 115kv
transmission line on the eastern most portion of the right-of-way. Therefore, in order to construct the Pathway
project, the proposal is to relocate the existing double -circuit 230kv transmission line one-half mile to the west
of its current location and would be reconstructed with steel monopoles as opposed to lattice towers. The
existing 230kv single -circuit line would be relocated to occupy the space that it vacated and then Pathway
would be constructed in the middle portion of that existing right-of-way. Mr. Miller stated that the reason they
chose to do this opposed to spanning over the existing line and constructing Pathway to the west is largely
due to the size of the monopoles. He added that in order to do that the Pathway poles would have to be
significantly higher than what they are proposing in the application. This would allow them to keep their overall
heights a little bit lower.
Mr. Miller said that they anticipate construction for the Pathway project to begin in the summer of 2024.
Commissioner Holland asked what the concern is about the height. Mr. Miller said that in order to span over
the existing transmission line corridor, the poles would have to be over 200 feet in height and that would trigger
Federal Aviation Administration requirements for lighting and strobing for aircraft in the area and they felt that
it would create a significant visual nuisance. Mr. Holland asked what the height of the poles will be. Mr. Miller
said that they will be approximately 105 to 140 feet high.
Commissioner Hammond asked if the rght-of-way agreements have been finalized. Mr. Miller said that there
are still active negotiations with the lanowners.
Commissioner Holland asked if they expect to use eminent domain. Mr. Miller said that they don't expect to
use it, but it is a power that a public regulated utility does have.
Jennifer Chester, 1600 Lorimer Street, Denver, Colorado, stated that they have worked hard to negotiate with
individual landowners for nearly two (2) years in those negotiations. She added that they continue to work with
landowners until the point of construction. She said that it is too early to tell if they will move forward with any
condemnation cases at this point.
Commissioner Wailes asked how many of the agreements are in place. Ms. Chester replied that possibly 60%
of the landowners have entered into an agreement with Xcel Energy.
Commissioner Hammond asked how wide the right-of-way is. Mr. Miller said that the right-of-way is 100 feet
in width.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Charles Anderson, 14504 CR 36, Platteville, Colorado, stated that this is taking place on his farm. He is trying
to figure out why they are moving it over where they have a pretty good easement where the current line is.
He has been threatened with eminent domain from the start and doesn't know what to think about the whole
deal. He said that they are only paying him for 5 acres instead of the whole 100 aces.
Commissioner Holland asked what the length is that this line covers. Mr. Anderson said that it covers
approximately one-half mile in length. He added that they want him to pay for easements such as ditch
easements and gas line easements so he is inclined to have them take it through eminent domain.
M. Chester clared that the three )ft
transmission lines exist today west of and adjacent to County Road 31.
She added that those are located in the right-of-way that Xcel Energy owns so that area doesn't require any
new land rights to work within for that location. The proposed relocation is ordering the lines in a way so that
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the Pathway doesn't have to crass three (3) lines. Ms. Chester said that they cannot place the fourth
transmission line in the existing righ-of-way because there are existing obstructions such as oil and gas and
a solar facility.
Josh Peterson, Xcel Energy, 1800 Larimer Street, Denver, Colorado, stated that the reason they cannot put
so many lines in a corridor as each line has to have an electrical clearance to each other. He added that if you
take a line out and it is de -energized, the other lines could induce voltage on that line so it could be a safety
issue.
Commissioner Hammond asked if it is an exclusive right-of-way. Ms. Chester said that generally they are not
exclusive and added that the landowners can still farm and have the ability to use the land within the right-of-
way.
Commissioner Hatch asked if landowners are compensated for use when doing construction. Ms. Chester
said that they provide compensation for the easements for size and length of line and width' easement.
Commissioner Hammond asked how wide the temporary easement is. Ms. Chester said that their permanent
easement is 150 feet but the temporary construction easement varies.
The Chair referred to the requested changes by Staff and asked if there were any questions.
Motion: Amend Conditions of Approval 1.D and 5.A, and Amend Development Conditions 4, 13, 14, 15, 18,
21, 24 and 25 as recommended by Staff , Moved by Michael Wailes, Seconded by Butch White. 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: Approve Case 1 MUSR23-99-1236 along with the amended Conditions of Approval and Development
Standards, Moved by Butch White, Seconded by Virginia Guderjahn.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = O).
Yes: Butch White, Elijah Hatch, Michael Wailes, Shana Morgan, Skip Holland, Virginia Guderjahn.
No: Barney Hammond.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
Generally located in the southern -most part of Weld County, starting near Platteville
and extending east and south to the Weld County/Morgan County Line.
Kim Ogle, Planning Services, presented Case USR23-0039, reading the recommendation and comments into
the record. Mr. Ogle stated that the Colorado Pathway Project is a new transmission line that is 34.3 miles of
345kV doucircuit transmission line. He added that the request also includes two (2) temporary
construction areble-as.
Mr. Ogle stated that public meetings were held in September 2023 for stakeholders to learn about the progress
made on Pathway, including the development of focus areas for identification of transmission line routes and
substation sites. Public outreach included mass mailings to addresses within the segment study areas.
Additionally 36 newspaper ads, social media post on facebook, a newsletter and a website were included. Mr.
Ogle noted that five (5) telephone calls with inquiries and two (2) walk-ins from adjacent property owners to
the Planning Department Office were received. One email was received in opposition and a letter from a law
firm representing a landowner with objections. The electronic email that was received outlined concerns of the
preferred alignment and the impacts on the usability and long-term value of the property. The second letter
was received from a law firm representing a subdivision near the town limits of Keenesburg with concerns of
jurisdictional issues.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and the APEN
requirements.
Andrew Holder, Director of Community Relaions, Xcel Energy, 1800 Lorimer treet, Denver, olorado, stated
that the Colorado Pathway Project is for 47 miles of new 345 -kV double -circuit electric transmission line along
with two (2) laydown areas.
Cory Miller, Siting and Land Rights Agent, Xcel Energy, 1800 Lorimer Street, Denver, Colorado, stated that
the preferred route translates to a 150 -foot -wide transmission right-of-way and within that transmission corridor
all of the transmission equipment will be constructed, including the monopoles that extend 105-145 feet in
height. The poles will be constructed of weathering ground steel and will span typically 950 feet between each
pole. Included in the request are two (2) temporary laydown areas to house the construction materials. Mr.
Miller stated that they will comply with the 1041 Criteria in the Weld County Code. He added that the project
is anticipated to start at the beginning of summer 2024.
[Commissioner Wailes left the Hearing at 3:05 p.m.]
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Maria Petrocco, 5347 South Valencia Way, Greenwood Village, Colorado, stated that she is representing three
(3) farming clients impacted by this transmission line. The line will cover approximately 2.5 miles of farmland
and on one of the farms it will span a pivot and take up a width of over 200 feet. Ms. Petrocco stated that
these farmers already have one existing transmission line on their property so this will be the second line that
will be constructed on their property.
Ms. Petrocco stated that they have tried to negotiate in good faith since April off and on. She added that in
November they felt they did have an agreement but then doesn't hear anything and then there is a problem
with indemnification language as Xcel doesn't want that included anymore. She added that they didn't hear
anything after that and then the next thing they receive is an Intent to Acquire so they have already started
eminent domain proceedings or an Intent to Offer. In that Intent to Offer the easement document had none of
the provisions that they had negotiated for the past nine months and now the compensation was down $2000
an acre so all of the work and legal fees from April to now is basically wasted. Ms. Petrocco stated that she
doesn't believe negotiations have been done in good faith at all. She added that the applicant does not want
to allow indemnifications in their easement agreement. She urged the Planning Commission to have them
come back for negotiations.
Commissioner Morgan asked if the easement would interfere with the farmland. Ms. Petrocco stated that
during construction it would interfere, however after construction it would not.
Commissioner Hammond said that 150 feet of 2 miles is approximately 32 acres that cannot be developed but
can be farmed. He added that in the future it could never be developed fora housing development so no
occupied structures can be within the 150 feet. Mr. Hammond said that he likes electricity and enjoys the lights
coming on but he is concerned with the amount of acreage taken from the landowners.
Ms. Petrocco said it is not a benefit of any Weld County residents and added that this is for renewable energy
in eastern Colorado.
Scott Dechant, 11521 CR 49, stated that Xcel Energy has not operated in good faith. He added that they
currently stack their hay in the corner of their pivots so now he has to find other places to stack his hay because
he can't use end dumps because of the high voltage line.
Dave Dechant, 8029 CR 39, Ft. Lupton, Colorado, stated that they have done several right-of-way agreements
with oil companies and Tri-State and they all have indemnification clauses in their agreements. He expressed
concern that they don't understand why it can't be included in these agreements now. He said that Tri-State
already has a USR Permit fora four -line which will be in the same area of this proposed transmission line. Mr.
Decant asked when enough is enough.
Kristen Decker, Attorney with Foster Graham Milstein & Calisher, 360 South Garfield, Denver, Colorado, stated
that her firm represents Pioneer, LLC which owns some of the property through which the Xcel transmission
line is proposed. Pioneer is opposed to the application based on its failure to meet the approval criteria for a
1041 USR application, specifically Sections 23-2-220.A.1 relating to the Comprehensive Plan as it does not
respect private property rights and places this transmission line directly through a planned urban area.
Additionally in Section 23-2-220.A.4 relating to the future development as Pioneer has approved zoning for
residential and industrial uses in the Town of Keenesburg. Ms. Decker stated Pioneer has been working with
county and the town since 2018 with developments in this area. Pioneer's property is not intended to be
agricultural but rather industrial and residential and will result in the loss of several lots.
Ms. Decker stated that the application is inconsistent with Section 21-3-340.A.2 relating to a negative socio-
economic impact, A.4 relating to adverse impacts and A.5 relating to inconsistency with a Master Plan of the
County and the Town of Keenesburg. For these reasons, Pioneer requests that the Planning Commission
recommend denial of this application.
Commissioner Holland referred to Section 21-3-340.A.19 relating to the applicant obtaining all property rights,
permits and approvals necessary for the proposed project and asked if Ms. Decker had any concerns with that.
Ms. Decker said that she doesn't have that information.
Commissioner Holland referred to Section 21-3-340.A.2 that relates to the natural and socio-economic
environment of the County will be protected and enhanced. Ms. Decker stated that they believe this criteria
has not been met because this property has been planned for development, specifically the zoning has been
approved for residential and industrial uses, and by putting this line through the property it eliminates a number
of lots.
Commissioner Holland referred to Section 21-3-340.A.3 relating to all reasonable alternatives to the proposed
action, including use of existing rights -of -way and asked if there are any concerns. Ms. Decker stated that is
good question and understands that Staff has reviewed and Xcel Energy has proposed an explanation far
that. She added that she is interested in knowing why the transmission line cannot be built within the existing
corridor.
Commissioner Holland referred to Section 21-3-340.A.4 relating to a satisfactory program to mitigate and
minimize adverse impacts and asked if there were any concerns. Ms. Decker said that she doesn't agree with
that and noted that is one of the criteria she spoke of in her presentation. Mr. Holland asked what a satisfactory
solution to this would be. Ms. Decker said that the biggest adverse impact is economic and so valuing the
property at something other than simply agricultural will help meet that criteria.
Commissioner Morgan asked what phase of development Pioneer is in. Ms. Decker said it is in Phase 2 and
added that although the annexation map has not been recorded they are one annexation agreement away
from having the actual zoning in the Town of Keenesburg for both residential and industrial zoning so where
this is impacted development has not started yet.
Jason VanShura, Rockies Land Manager for Western Midstream, 1099 18`" Street, Denver, Colorado, stated
that they own and operate crude oil and natural gas pipelines in the county. Mr. VanShura is here on behalf
of West DJ Gathering, which is the gas gathering line entity of their business and West Wattenburg Oil
Complex, LLC, the oil gathering arm of their business. Mr. VanShura submitted comments on January 12.
and added that they support the Pathway project and have had several positive meetings with Xcel Energy.
He added that they have been and will continue to work with Xcel Energy in good faith to exchange information
and negotiate reimbursement and encroachment agreement and they look forward to finalizing a mutually
acceptable agreement with Xcel Energy West anticipates that a finalized agreement will be completed prior
to final approval. Mr. VanShura requested that the condition of approval remain on the application until the
reimbursement and encroachment agreement is executed.
Jennifer Chester, 1800 Lorimer Street, Denver, Colorado, stated that the particulars of each landowner
negotiation is kept private and added that they negotiate in good faith over a long period of time to reach
agreements to the best of their abilities. She added that they are continuing to work with those three (3) farming
clients and hope to reach an agreement. Ms. Chester said that the indemnification language is not in every
agreement and added that terms and conditions may change in contracts.
Ms. Chester referred to the comment about land being undevelopable and stated that land uses can continue
under the transmission line recognizing that some of those may not be compatible with the transmission line
and those will be discussed with each landowner and land agent assigned to talk about the particulars on those
properties. She added that they do not issue blanket easements.
Regarding the Pioneer development, Ms. Chester said that it is their understanding that the property still
remains as unincorporated Weld County today, however, if that changes in the future then that will be
addressed at that time.
Ms. Chester stated that they intend to continue to work with the pipeline owners crossed by the project.
Commissioner Hammond referred to the 150 feet of right-of-way and said that if he wanted to develop that
area in a residential type of development at six homes to the acre, he asked if homes could be built under the
transmission line. Ms. Chester replied that no occupied structures could be constructed under the transmission
line. Mr. Hammond asked what the setbacks are from that transmission line. Ms. Chester said that a home
would not be allowed within the right-of-way. Mr. Hammond said that is a pretty substantial price tag to the
landowners.
Commissioner Morgan said that when looking at limitations to properties for development that would be
accounted for in the open space. She added that typically they will look at those easements or areas that you
can't build as part of the open space requirements so she doesn't think it is fair to classify it as an exchange
of not building a house as it could still be part of the open space requirement.
Commissioner Morgan said that there have been some comments regarding various sections — Section 21
versus Section 23 and clarified that the Planning Commission needs to review the application according to
Section 21-3-340.A.1 through A.22. Karin McDougal, County Attorney, stated that was correct.
Commissioner Morgan asked the applicant to address the comment that there is no direct benefit to Weld
County. Ms. Chester said that there is benefit during construction with having crews located here utilizing
services such as restaurants, gas stations and certain materials and trade locally. She added that there is also
compensation to landowners for their property in Weld County. Additionally, this project as a whole as it
connects to the Fort St. Vrain Substation in Weld County and provides service to the grid which includes service
to Weld County through additional electric system interconnections.
Commissioner Hatch clarified that although St. Vrain facility does supply power to Weld County, this line which
leads toward Morgan County does not specifically benefit anyone in Weld County. Ms. Chester said that it is
a higher voltage transmission line and the point of those is to move power between substation locations to
gather generation and to move it. She added that it is not a load serving line, for example a distribution voltage
line. Mr. Holder said that we can send energy both ways with this project and added that it goes from Fort St.
Vrain to the Pawnee generating facility so it is an interconnection between generating units.
Parker Wrozch, 1800 Lorimer Street, Denver, Colorado, stated that from the Fort St. Vrain facility there are
multiple transmission lines that go into Greeley, Ault, and Fort Collins. He said that power comes into Fort St.
Vrain and is distributed to several communities. Commissioner Hatch clarified that while this line can be
multidirectional, those other lines are as well. Mr. Wrozch replied yes and said that there is a direct impact on
the type of energy used in Weld County.
Commissioner Holland stated that he is concerned with Section 21-3-340 with reference to all reasonable
alternatives to the proposed action, including use of existing right-of-way and joint use of rights -of -way
wherever uses are compatible, have been adequately assessed and the proposed action is compatible with
and represents the best interest of the people of the county. Mr. Holland also expressed concern regarding
Section 21-3-340.A.4 relating to a satisfactory program to mitigate and minimize adverse impacts and Section
21-3-340.A.19 with obtaining all property rights, permits and approvals necessary for the proposed project. He
said that these are criteria that they have to carefully consider. Mr. Holland asked Staff what happens if an
agreement cannot be reached because they can't agree to an indemnification clause but the applicant agrees
to the conditions. Mr. Ogle said that the applicant will not be able to build the line unless they have those
easements in place.
The Chair asked Staff if there are any changes to the Resolution. Mr. Ogle requested to amend Development
Standard 4 to read .The operator shall provide written evidence of an approved Emergency Action and Safety
Plan". Additionally, Mr. Ogle requested to amend Development Standard 31 to read 'Necessary personnel
from the Weld County Departments of Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any reasonable time, with advance notice
of a minimum of 48 hours, in order to ensure the activities carried out on the property comply with
the Conditions of Approval and Development Standards stated herein and all applicable Weld County
regulations".
Motion: Amend Development Standards 4 and 31, as recommended by Staff, Moved by Virginia Guderjahn,
Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Elijah Hatch, Shona Morgan, Skip Holland, Virginia Guderjahn.
Absent: Michael Wailes.
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. Ms. Chester stated that they have read and understand
them; however, they wanted to note that they provided a letter end of last week with some additional requests
for consideration to other components on the conditions of approval. The Chair asked Staff if they have
received those requests. Mr. Ogle replied yes and said that some of the items they are asking for is prior to
construction which would mean that we can't record the USR map until those approvals are in place.
Therefore, Staff has elected to pass on the applicant's request.
The applicant replied that they are in agreement with amended changes and hope to continue to work on the
other requests they have.
Motion: Forward Case USR23-0039 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 Skip Holland, Seconded by Shona Morgan.
Commissioner Holland noted that work is still being undertaken by the applicants to finalize and secure
appropriate rights -of -ways and easements as defined by Section 21-3-340.A.3 and Section 21-3-340.A.4.
Commissioner White said that he reviewed all of the criteria and fought with it back and forth and came up with
some question marks but finally satisfied himself and what he has concluded is that he doesn't think it is in
their purview to make a public service company negotiate in good faith. However, Mr. White recommended
that applicants operate in good faith and suggested that the landowners find some representation so that this
can all work out. He believes that the applicant has satisfied the criteria in the Weld County Code.
Commissioner Hatch said that he disagreed because the Planning Commission is tasked with the health,
welfare and safety of the citizens as well as the natural and socio-economic environmental impacts.
The Chair called for the vote.
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Butch White, Shona Morgan, Skip Holland, Virginia Guderjahn.
No: Barney Hammond, Elijah Hatch.
Absent: Michael Wailes.
Commissioner Hatch cited Sections 21-3-340.A.1, 21-3-340.A.2, and 21-3-340.A.3 and added that he does
not believe that the life long impacts that are reflected by the short-term benefits are more than the benefits of
the county.
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 4:02 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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