HomeMy WebLinkAbout20250039.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, December 3, 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
Michael Wailes, at 1:30 p.m.
Roll Call.
Present: Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy
Beemer, Jay Pier.
Absent: Butch White, Michael Palizzi.
Also Present: Diana Aungst, Maxwell Nader, and Molly Wright, Department of Planning Services, Lauren
Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 5, 2024 Weld County Planning Commission minutes, Moved by Cindy
Beemer, Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0017
Living Rock Church of Severance Inc., dba Calvary Church Severance
Molly Wright
A Site Specific Development Plan and Use by Special Review Permit for a Church
outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RECX17-0026; being part of the W1/2 of Section 6,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to County Road 74; east of and adjacent to County Road
25.
Molly Wright, Planning Services, presented Case USR24-0017, reading the recommendation and
comments into the record. Ms. Wright noted that one (1) objection letter was received outlining concerns
of additional traffic, obstructed view of the mountains, and the number of individuals gathering for Sunday
services and other events. 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.
Josh Green, Pastor of Calvary Church Severance, stated that the church was established in 2019 and the
only church in the Town of Severance. They host several events and invite the community to attend. Mr.
Green noted that he has served on the boards of the Town of Severance and have a great working
relationship with the Town and the school. He added that they currently meet in the Severance Middle
School. Mr. Green stated that they average about 170 people every Sunday.
Commissioner Wailes asked if they had built the existing facility on site. Mr. Green said that they did not
and added that it was built as a residential home. Mr. Wailes asked if anyone will be living there. Mr. Green
replied that no one will be living there.
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 USR24-0017 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 Barney Hammond.
2025-0039
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Cindy Beemer, Jay Pier, Michael Biwer, Michael Wailes, Pamela Edens, Virginia
Guderjahn.
Case Number: USR24-0024
Applicant: Colorado State Land Board, c/o Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Planner: Molly Wright
Request: A Site Specific Development Plan and Use by Special Review for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Legal Description Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Location: Approximately one (1) mile south of County Road 46; approximately one (1) mile
east of County Road 57.
Molly Wright, Planning Services, presented Case USR24-0024, reading the recommendation and
comments into the record. Ms. Wright noted that there was a letter of objection that was received outlining
concerns of the individual relying on this ground for cattle grazing, the section being under construction for
extensive oil and gas permitting currently, the possibility of severe erosion, and how the applicant will obtain
an easement for access to this property. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Commissioner Biwer asked where the nearest residence is located. Ms. Wright showed them on a visual
slide that the nearest residence is further north of the site.
Commissioner Hammond asked if there is a home and buildings close to the access. Ms. Wright replied
that there is not.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Caitlin O'mara, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that this property is a dryland,
non -prime, vacant site. She added that there is no water or irrigation on site and no nearby neighbors. Ms.
O'mara said that the project will be for 10 megawatts and construction should last approximately four (4) to
six (6) months. Once vegetation is established it will be managed by a local Colorado grazing partner. Ms.
O'mara said that they did follow up with the neighbor who submitted the letter of opposition and discussed
their concerns.
Commissioner Hammond asked if cattle are being grazed on this property currently. Ms. O'mara stated
that she isn't aware and added that this parcel is primarily oil and gas. Mr. Hammond clarified that there
are cattle grazing on the site currently.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jarred Sater, 27556 CR 46, Kersey, Colorado, stated that he is the currently the leaseholder on that ground
and added that it will have an impact on their grazing and what they do with their cattle. He added it is a
very fragile landscape and said that it is extremely uneven, hilly and blows sand. Mr. Sater said it takes
years and years to establish vegetation with that kind of ground.
Mr. Sater expressed concern regarding the cross fencing and the access to the site and how that would be
mitigated and manage their cattle. He added that he has not been contacted by anyone about the
easement. He added that there is no water for the sheep so doesn't know how they will graze.
Commissioner Edens asked what type of lease he has and how long the lease is for. Mr. Sater said that
they have an agricultural lease until 2031.
Commissioner Hammond asked how long he has leased this ground. Mr. Sater said that they have leased
this land since 2005.
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Commissioner Guderjahn asked how many cattle they have. Mr. Sater said that there are about 180 mother
cows and they rotate them on pastures over three (3) separate properties adjacent to this site.
Commissioner Wailes clarified if the lease is for the entire section. Mr. Sater replied yes. Mr. Wailes asked
if there is a tiered process the State Land Board has with having Mr. Sater's lease until 2031. Karin
McDougal, County Attorney, couldn't speak to how the State's leases work. Mr. Sater said that they have
not been contact by the State Land Board as to what is going on and how that would overlap his lease. He
added that they also pay taxes on that ground along with the cash rent.
Commissioner Hammond referred to the access and asked once those easements are improved does the
county take those over. Melissa King, Development Review, said that there is right-of-way easement and
it is 30 feet. She added that there is 60 feet of petitioned right-of-way and it is maintained by the County.
She further added that to the east is 30 feet of Resolution right-of-way that traverses the entire northern
boundary of this parcel and the applicant has proposed to use that right-of-way. In that case it is a County
unmaintained road and added that the applicant will maintain that.
Ms. King said that they are requiring a Road Maintenance Agreement during construction. Commissioner
Hammond said you can use the right-of-ways and asked if the landowners on both sides still have to be
notified. Ms. King replied no as it is the County's right-of-way so someone can improve it and maintain it.
She added that the County doesn't get involved except to make sure that they stay within the 30 feet.
Ms. O'mara agreed that the site is hilly and added that there is no grading or clearing that will be required.
She added that they are focused on soil and land restoration. Although it is easier for solar projects to be
on flat ground but it can be built on hilly sites.
Ms. O'mara said that they have reached out to all community members specifically the Saters'. She added
that she has reached out to him several times and never had a reply from Ms. Sater.
Ms. O'mara said that they bring water into the site for the sheep. They have a bunch of sites in Colorado
and out of state where they have to bring water in. Ms. O'mara said that the project is on 73 acres but there
is a lot of area for the cattle to graze in and it is the State Land Board's right to choose to diversify this small
section of their parcel.
Ms. McDougal said that she found that the State Land Board does have a process for acreage adjustment
which basically layers a lease on top of an agricultural lease. She added that Mr. Sater should have been
contacted regarding that process so if he has not been he should reach out to the State Land Board.
Commissioner Hammond said that when you come in on County Road 44 there are homes and buildings
even though there is an easement. He added that it will be going through their yard and it will be a big
impact to them.
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, said that if the Sater family would
prefer that they access on County Road 61 they are happy to do that. He added that they will be happy to
continue to talk with Mr. Sater to mitigate these concerns.
Mr. Sundman said that their goal is not to remove agricultural integrity but use the surface use for ag
production. He added that this will remain grazed with sheep.
The Chair reminded the Planning Commissioners that the terms of the lease should be excluded from the
decision making process as they should review the code criteria. Ms. McDougal agreed and added that
they should follow the criteria in the 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.
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Motion: Forward Case USR24-0024 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 Cindy Beemer, Seconded by Michael Biwer.
Vote: Motion passed (summary: Yes = 6, No = 0, Abstain = 1).
Yes: Barney Hammond, Cindy Beemer, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn.
Abstain: Jay Pier.
Commissioner Pier said that he wished to recuse himself as he has a long term relationship with the
neighboring landowner.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0022
Jerry Cass, Go Zen Midstream, LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (compressor station) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
All of Section 33, Township 7 North, Range 62 West of the 6th P.M., Weld County,
Colorado.
North of and adjacent to County Road 74; west of and adjacent to County Road
79.
Diana Aungst, Planning Services, presented Case USR24-0022, reading the recommendation and
comments into the record. 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, Air
Emission Permit from the State, dust mitigation and the waste handling plan. Ms. Light noted that a noise
impact assessment was prepared and according to the noise study the site would comply with a light
industrial noise standards except for Receptor E which is located 25 west of the property. She added that
it was measured at 69.5 decibels so they couldn't meet the nighttime of 65 decibels. So the industrial noise
limit of 80 decibels during the day and 75 at night is what is stipulated in the development standards.
Jennifer Teeters, Bison and Zen Midstream, LLC, 1109 Larkspur Drive, Erie, Colorado, stated that Zen
Midstream LLC is a wholly owned subsidiary of Bison Oil and Gas. Zen Midstream LLC is proposing to
construct and operate a gas compressor station on eight (8) acres. Ms. Teeters stated that the haul route
does not pass by the existing residential site. She added that this project complies with the Weld County
Code and is compatible with the surrounding properties and future land use.
Commissioner Hammond asked if the lighting will be down gradient lighting. Ms. Teeters said that the
lighting will be shielded and pointed downward.
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 USR24-0022 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 Cindy Beemer, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Cindy Beemer, Jay Pier, Michael Biwer, Michael Wailes, Pamela Edens, Virginia
Guderjahn.
Case Number:
Planner:
Ordinance 2024-18
Maxwell Nader
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Request: In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (state -licensed natural medicine facilities)
Maxwell Nader, Planning Services, provided a brief summary on the proposed code changes to Chapter
23. Mr. Nader stated that in 2022 Colorado voters approved Proposition 122 to decriminalize and regulate
certain psychedelic plants and fungi for people 21 and older. He added that this does not include synthetic
drugs and will not be allowed in retail sales. The Colorado Department of Revenue Natural Medicine
Division will license natural medicine facilities beginning in early 2025. Mr. Nader said that natural medicine
facilities may include a hearing center where regulated natural medicine may be consumed by participants
who are at least 21 years old and under the supervision of a licensed facilitator, cultivation (growing)
facilities, manufacturing (processing and extraction) facilities, and testing facilities. He added that these
facilities may be at least 1,000 feet from schools and daycare facilities, including licensed and in -home
daycare. The Department of Planning Services recommends approval of this Ordinance.
Commissioner Edens stated that she would like to see the facilities at least one (1) mile from any school or
daycare facilities.
Commissioner Beemer said that this somewhat falls into the genre of when Colorado legalized marijuana
and asked if the County has a similar regulation of where marijuana facilities can be located. Karin
McDougal, County Attorney, said that the way they passed the law is different. She added that the County
prohibits marijuana facilities in unincorporated Weld County but we can't do that with this statute. She
added that we have the authority to limit where they can be but to limit them completely is not allowed.
Commissioner Hammond said if we recommend a further distance could it be challenged by the State. Ms.
McDougal said that she hasn't seen their requirements and it is reasonable to say it in your comments but
would have to review what authority we have. Mr. Nader said that we cannot adopt ordinances or
regulations that are considered unreasonable which is why we kept it at the 1,000 feet to match the state
regulation.
Commissioner Hammond asked if any other industrial uses would be affected by this. Mr. Nader said that
it only affects the schools and daycares.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2024-18 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Virginia Guderjahn, Seconded by Cindy Beemer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Cindy Beemer, Jay Pier, Michael Biwer, Michael Wailes, Pamela Edens, Virginia
Guderjahn.
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 3:00 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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