HomeMy WebLinkAbout20242980.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, October 15, 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 Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Michael Biwer, Cindy Beemer.
Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light, Department
of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 1, 2024 Weld County Planning Commission minutes, Moved by Michael
Wailes, 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, stated that Staff is requesting a continuance to the December 3, 2024 PC
Hearing as there is an existing natural gas pipeline that crosses the subject property. The owner/operator
of this natural gas pipeline was not notified throughout the USR process, therefore, to further encourage
the health, safety and welfare of this business moving forward, Staff recommends a continuation to give
adequate time to review USR24-0017 and to respond with any concerns or conditions.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue USR24-0017 to the December 3, 2024 Planning Commission Hearing, Moved by Cindy
Beemer, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Pamela Edens, Virginia Guderjahn.
Case Number: COZ24-0004
Applicant: Hankins Farms, LLC
Planner: Diana Aungst
Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Legal Description: Part of the E1/2SE1/4 of Section 20, Township 5, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to County Road 54; west of and adjacent to County Road
17.
Diana Aungst, Planning Services, presented Case COZ24-0004, reading the recommendation and
comments into the record. Ms. Aungst stated that this site is located within a Weld County Opportunity
Zone and added that it is consistent with the Comprehensive Plan's intent to place commercial businesses
within one-half mile of an intersection of two arterial roads.
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2024-2980
Ms. Aungst stated that the site is located within the Coordinated Planning Agreement boundaries for the
Towns of Windsor, Milliken, and Johnstown. The site is not located within the Growth Management Area
for Windsor or Milliken and is not shown on their respective future land use maps. Ms. Aungst said that
Medium Density Intensity is the land use depiction on the Town of Johnstown's future land use map for this
site. She added that Johnstown submitted referral comments that state that the functional classification of
County Road 17, pursuant to the Town of Johnstown Transportation Master Plan, is identified as a
Regionally Significant Corridor - Major Arterial and notes that Weld County Code indicates that the purpose
of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, such as
large-scale regional shopping centers and entertainment districts. Additionally, Johnstown said that given
the intent of the C-3 Zone District and the extensive list of uses allowed by right, the Town requests that
the appropriate traffic analysis be conducted when a project is proposed. Ms. Aungst stated that the Town
of Johnson does not object to this change of zone and the site will be annexed to Johnstown in the future
due to it being located within the growth management area for the town.
Ms. Aungst noted that eight surrounding property owners were notified of this project, however, no
correspondence was received.
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.
Bob Choate, 1171 61st Avenue, Greeley, Colorado, stated that he is representing Hankins Farms, LLC. Mr.
Choate said the site is a 40 -acre parcel and added that the Hankins family has farmed this for over 100
years. He added that the 40 acres is the southern most part of their farm. Mr. Choate said that he foresees
that there is going to be quite a bit of development in this area over the next 10 years. He added that it is
located in an opportunity zone, which Weld County encourages rezoning to commercial or industrial zone
districts.
The site is located within the Little Thompson Water District and Mr. Choate said that they will not issue a
commitment letter until they know the use of the site. He added that use happens at the Site Plan Review
or Use by Special Review stage and will demonstrate water at that time. There is a 2.5 -inch water line on
the eastern side of the property, which should be able to serve the vast majority of uses to which this
property could be put. He added that there is also a 6 -inch water line on the southern boundary of the
property.
Mr. Choate said that they feel this is a great location and believes municipalities will be annexing into this
area. He requested a recommendation of approval to the Board of County Commissioners.
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 COZ24-0004 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 Wailes, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Pamela Edens, Virginia Guderjahn.
Case Number: USR24-0014
Applicant: Magnum Feedyard Co., LLC, c/o Taelor Solar 1, LLC
Planner: Chris Gathman/Diana Aungst
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Request:
Legal Description:
Location:
A Site Specific Development Plan and Use by Special Review Permit for the
construction of a 1041 Major Facility of a Public Utility, including a Solar Energy
Facility (SEF) (solar arrays) with a generating capacity up to 650 megawatt AC; a
Battery Energy Storage Facility planned for 650 MWh with a possible increase to
up to 1,300 MWh; a substation (constructed and owned by the applicant) to
interconnect the project to the high voltage transmission system; an operations
area, including an operations and maintenance building, possible water storage,
materials storage and parking; an on -site communication system (communication
lines); Meteorological Stations (approximately 15 high, on posts); up to seven (7)
construction trailers and ten (10) conex containers during construction and up to
four (4) conex containers, post -construction, for parts storage, outside of
subdivisions and historic townsites in the A (Agricultural) Zone District
All of Section 1 except part of the W1/2 beginning 600'S of NW Cor S2340' E130'
N2340' W130' to beginning; all of Sections 2, and 3; part of the E1/2 and part of
the W1/2 of Section 10; part of the W1/2 of Section 11; part of the NW1/4 NW1/4
of Section 14; part of the NE1/4 of Section 15, in Township 2 North, and all of
Sections 33 and 34; the S1/2 of Section 35; part of the S1/2 of Section 32, in
Township 3 North, all located in Range 61 West of the 6th P.M., Weld County,
Colorado.
4300 acres (on multiple parcels), located two (2) miles south of the Interstate
76/County Road 91 intersection, 0.75 miles north of the County Road 20/County
Road 93 intersection, west of and adjacent to the Weld County/Morgan County
Line, approximately 7.5 miles east of County Road 75.5.
Diana Aungst, Planning Services, presented Case USR24-0014, reading the recommendation and
comments into the record. Ms. Aungst stated that the project will be located on 4300 acres on 16 parcels
and is adjacent to the Weld County/ Morgan County line. The project will generate about 650 -megawatt
AC. In addition to the 600,000 panels, a battery energy storage system, a substation, an onsite
communication system, and meteorological tower stations are also proposed. The operations area will
encompass approximately 10 acres north of the BNSF railroad tracks.
The applicant has stated that they are in negotiations with BNSF to establish communication and electrical
utility crossing rights -of -way across the railroad tracks. The project substation will be constructed by and
owned by the applicant and will be built at the same time as the solar energy facility. Taelor Solar is split
into two phases. The first phase was approved by the Morgan County Board of County Commissioners on
February 6, 2024. Weld County is considered the second phase. The entire project will encompass about
10,000 acres in total. There is a 24 -to -36 -month construction period proposed with up to 450 workers on
site and some construction may happen on weekends.
Ms. Aungst provided brief summaries of the multiple studies submitted by the applicant. She noted that the
facility needs to adhere to the Weld County Noise Standards of 55 decibels per day and 50 decibels at
night. She stated that the equipment noise assessment analyzed noise from the solar inverters and the
maximum decibel was 89.1 measured at a distance of four feet. At a distance of 250 feet, the decibels will
be reduced to 55. Since this unit is at least 350 feet from the nearest parcel boundary and more than 1,000
feet from the nearest residence, this meets the requirements outlined in the Weld County Code.
Ms. Aungst stated that 46 surrounding property owners were notified. Two (2) letters of support and one
(1) letter of objection were received. The applicant addressed the concerns raised by the Wiggins area and
eastern Weld County community members by making the following changes: reduced the area where the
modules will be built, increased the setbacks to the neighboring homes, and adjusted the temporary
construction traffic to reduce the number of impacted neighbors by 90%. Ms. Aungst added that
coordination with the County and the Fire District officials and emergency personnel will also be provided
an access key or code for the gates. A detailed fire protection plan will be provided for review and approval
prior to the start of construction.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
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Commissioner Edens referred to the pivot irrigation in a visual slide and asked if that is located on any of
the property that the solar will be on. Mr. Aungst replied yes.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control. Weed control may consist of mechanical methods such as mowing and application of
herbicides. An equipment noise report was submitted, however, it did not include modeling 25 feet from
the property line so the facility will need to comply with Section 14 of the Weld County Code for 55 decibels
during the day and 50 decibels at night. If a noise complaint is received the measurement will be within the
boundary of the property where the noise complaint came from as opposed to 25 feet off of the property
line. A Hazardous and Emergency Procedures Report was also submitted.
Commissioner Hammond referred to weed control and asked if the County will be able to monitor this. Ms.
Aungst said that monitoring would be difficult but the County does have staff that provide inspections upon
a complaint received.
Erica Goad, 3300 East 1st Avenue, Denver, Colorado, provided a summary of Balanced Rock Power and
added that it is a utility scale solar and energy storage development company. Ms. Goad said that they
focus on developing projects in the western U.S across eight (8) states.
Drew McMahan, 1312 17th Street, Denver, Colorado stated that the project will deliver enough energy to
meet the needs of approximately 187,000 Colorado homes. He added that the project will be
interconnecting to the new Xcel Energy Colorado Pathway transmission line. This transmission line is being
built with the express purpose of collecting the abundant solar and wind resources that exist in this state
and deliver them to Colorado consumers.
Mr. McMahan said that their goal is to start construction of this project at the end of 2026 and commercial
operation would start in the fourth quarter of 2028. This project has been in development for several years
and a substantial amount of due diligence, analysis, and effort has gone into putting together the project
that is being presented today.
Mr. McMahan said that there will be $128 million total economic impact in direct and indirect benefits to
Weld County over 30 years, including tax payments to the Wiggins School District, Southeast Weld County
Fire District, Weld County and High Plains Library.
Mr. McMahan stated that interconnection with Xcel Energy will provide power to many communities in
Northeastern Colorado, including Greeley as well as United Power customers in Northeast Colorado. Mr.
Mahan said that water will be used mostly during the construction phase of the project and will use
approximately 250 acre-feet of water per year during construction. During operations, water use will be a
maximum of 15 -to -30 -acre feet per year for panel cleaning and added that there may be years where the
panels will not need to be cleaned.
Mr. McMahan said that they are proposing two distinct types of fencing. One type of fencing will be a wildlife
friendly fence and is recommended by Colorado Parks and Wildlife. He added that all the areas that are
just solar panels will be surrounded with the wildlife friendly fence. Another type of fencing is the chain link
and barb wire security fence and will be used in the higher voltage and higher security portions of the project
site, which includes the batter storage yard and the substation.
Commissioner Eden referred to the taxes that Weld County will receive and asked where these numbers
came from. Mr. McMahon said that these are from the Economic Impact Analysis Report and they are
based on the State calculation for state assessed renewable energy resources.
Commissioner Palizzi asked the applicant to speak to the meteorological stations. Mr. McMahon said that
the meteorological stations are instruments that measure ambient temperature, wind speed, and also the
amount of solar radiation that the project is receiving. He added that this allows them to assess how the
facility is performing.
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Commissioner Hammond asked if there was any consideration of using the railroad for bringing in materials
for construction. Mr. McMahan said that there is no rail spur so they couldn't off load.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Becky Blake, 10283 CR 95, Wiggins, Colorado, said that they are in opposition of this project and asking
the Planning Commission to consider the sizable impact that this project with have on the surrounding
environment and everyone who calls it home. According to Google, the current largest solar farm covers
4,600 acres of California and the Mojave Dessert. This project would be twice that size.
Ms. Blake said that they cannot ignore the massive footprint this solar farm would leave. She expressed
concern regarding the visual eyesore of miles of miles of darkness surrounded by six -foot -high wire fencing
only to collect trash and tumbleweeds, airplane turbulence, increased traffic, health risk from EMFs,
chemical use, and water contamination.
Ms. Blake said that if this project can't be stopped, she would like to request that the minimum setback from
any residence be increased from the current 500 feet to at least 5,280 feet. She further requested to
incorporate a buffer zone between the solar fields and any adjoining residences to ensure that the future
generations are not stuck with this eyesore, preferably a tree line that would consist of multiple rows of two -
to -three -year -old trees, ground fabric and a drip system.
Billi Blair Yocam, 43781 CR 42.5, Orchard, Colorado, stated that she would like to know how they will
access the north side of the railroad track. She also asked what happens if Xcel Energy decides not to
work with them and she also would like to know what the proposed setbacks are for ??? reservoir/solar
(inaudible) projects.
Rocky Blake, 46491 CR 22, Wiggins, Colorado, stated that he believes in property rights but doesn't agree
to turning this property into the largest public utility in North America. He added that this is good ground and
there are some pivots on this land. Mr. Blake said that he is opposed to this project.
Taylor Henderson, 191 University Boulevard, Denver, Colorado, stated that he has worked with the Blake
Family and has enjoyed working with them. Mr. Henderson said that they learned a lot from the process in
Morgan County and added that they slowed the process down to really engage with the community and the
Wiggin's Fire Protection District. They have met with the adjoining neighbors and they provided simulations
from the County Roads and public rights -of -way. He added that they took photos from key visual points on
some of the surrounding owner's properties and applied the 500 feet buffer. Mr. Henderson said that they
are willing to talk about increasing the buffer and emphasize that they want to be a good neighbor.
Mr. Henderson said that they are aware the roads will need improvement. He stated that the Fire
Department will be equipped with keys to the gates to access the property and conduct any kind of fire
response needed. Mr. Henderson said that the current plan is to navigate to the north side of the railroad
tracks through the project area.
Steve Gabel, 11665 Morgan County Road 1, stated that he has owned and operated Magnum Feedyard,
LLC, for 32 years. Mr. Gabel said that his responsibility is to identify the best and highest use of this
property. He said that they started feeding about 3,500 cattle and have grown that to a point of 35,000
cattle. As the owner and head of a family business, he has to identify how to grow and expand that business
if they want to keep it as a family business.
Mr. Gabel said that the land there is not the best land. He added that he recognizes the difference between
the ground that will bring $10,000 to $12,000 per acre irrigated in the front range of Colorado compared to
land that is on the Morgan County/Weld County border that is worth $3,500 or $4,000 per acre that is
irrigated and under pivot. There are vastly different production capabilities in those two qualities of land.
He said that the neighbors are concerned that about 550 acres of the proposed 4,300 acres are under
irrigation. He added that they have farmed that ground and assured them that the highest and best use of
that land is solar production.
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Commissioner Hammond asked how many acres to a cow/calf pair. Mr. Gabel said that when they bought
most of this land it had been abused to the point that the first four years they owned it they didn't graze
anything on it. He added it takes about 35-40 acres to run an animal unit.
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 USR24-0014 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 Wailes, Seconded by Michael Palizzi.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Michael Wailes, Pamela Edens,
Virginia Guderjahn.
No: Michael Biwer.
Commissioner Biwer cited Section 21-7-350.C.4 The proposed action is compatible with and represents
the best interests of the people of the county and added that the project of this scope of 4,300 acres does
not represent the best interest of the people. In addition, Mr. Biwer cited Section 21-7-350.C.14 The
benefits of the proposed developments over the life of the project outweigh the temporary losses of any
natural resources and productivity of farmland. He added that he doesn't believe 40 years is temporary
and that a project of this significant size removes almost 6.7 square miles of ag land. He further added that
of the 4,300 acres, 1,399 acres is prime ag land, 1,029 acres prime land is irrigated, 299 acres are farmland
of local importance, and 71 acres are farmland of state importance. Mr. Biwer cited Section 21-7-350.C.16
The proposed project will not present an unreasonable risk of exposure or release of hazards and said that
he is not sure the available science for an admittedly new technology with the battery technology and the
size and scope of those batteries and the access meet that standard.
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 3:36 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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