HomeMy WebLinkAbout20251957.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, June 3, 2025
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, Virginia Guderjahn, Barney Hammond, Michael Biwer, Calven Goza,
Hunter Rivera.
Absent: Michael Palizzi.
Also Present: Molly Wright, Lindsay Oliver, Matthew VanEyll, Angela Snyder, Department of Planning
Services; Mike McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the May 6, 2025 Weld County Planning Commission minutes, Moved by Michael Wailes,
Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number. COZ25-0001
Applicant: Josue Alegria Camacho
Planner: Angela Snyder
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District.
Legal Description: The south 358 feet of Lot 3, being part of the SW1/4 SW1/4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to Cherry Avenue; approximately 300 feet south of East 18.
Street.
Angela Snyder, Planning Services, presented Case COZ25-0001, 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.
Aaron Maurice, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Josue Alegria, 1846 Cherry Avenue, Greeley, Colorado, stated that they have plastic and tires on site to
cover silage and clarified that there is no oil and gas operations on site. Mr. Alegria said that when they
purchased this land they were told that it was zoned agricultural. He added that their kids are active in 4H
and wish to rezone their property to agricultural.
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 COZ25-0001 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 Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0007
Applicant: Jerry and Adam Marcovich, c/o Asphalt Specialties, Co., Inc.
Planner: Angela Snyder
Request: Use by Special Review Permit for Open Mining and Processing of Minerals (sand
and gravel mining) in the A (Agricultural) Zone District.
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2025-1957
Legal Description: Part of the S1/2 of Section 7, Townshipl North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Location: West of and adjacent to U.S. Highway 85; approximately 0.25 miles north of
County Road 10 (section line).
Angela Snyder, Planning Services, presented Case USR25-0007, reading the recommendation and
comments into the record. Ms. Snyder noted that Ft. Lupton had submitted a letter yesterday indicating
that the applicant had addressed all of their conditions and therefore, the City of Ft. Lupton requested those
items to be removed from the Resolution.
Ms. Snyder noted that no correspondence or telephone calls were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Sydney Connor, Lewicki & Associates, 9100 Vance Street, Denver, Colorado, stated that she is
representing Asphalt Specialties. Ms. Connor said that this proposed pit will support the existing Chaver's
Pit located to the south. There will be two (2) phases of mining encompassing the 44.3 acres. Mining will
start in the north of the site and move to the south. There will be topsoil/overburden storage outside of the
floodway an the east side of the property.
Ms. Connor stated that the life of the mine will be approximately eight (8) years and it will be reclaimed into
water storage, rangeland, and wildlife habitat.
Ms. Connor provided an overview of the mitigation for the potential impacts regarding noise, wildlife, dust,
water monitoring and traffic impacts.
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 Staff if there are any changes to the Resolution. Ms. Snyder stated that they are
requesting the removal of Condition of Approval 1.A.
Motion: Delete Condition of Approval 1.A, Moved by Michael Wailes, Seconded by Hunter Rivera.
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 USR25-0007 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 Barney Hammond, Seconded by Virginia Guderjahn.
Vote: Moton carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0004
Applicant: 35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Planner: Molly Wright
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Lot B Amended Recorded Exemption, 1AMRECXI8-12-0095, being part of the
S1/2 SE1/4 of Section 4, Toviship 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location: North of and adjacent to County Road 72; approximately 450 feet west of County
Road 31.
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Molly Wright, Planning Services, presented Case USR25-0004, reading the recommendation and
comments into the record. Ms. Wright noted that one letter of opposition was received outlining safety
concerns, potential interference with a gas line, views to the west and a negative impact on property value.
Another letter of opposition was received with eight (8) prcperty owners signatures included. This letter
expressed concerns of a decrease in property values, lack of effective and efficient power generation, the
removal of productive farmland, glare and heat produced from panels, environmental impacts, toxic
chemicals, and the possible affect to aircraft operations. Additionally, one of the eight individuals also sent
a separate letter with concerns of decreased property values and increased traffic counts.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Commissioner Hammond asked if there are any existing USRs for solar energy facilities surrounding the
site. Ms. Wright replied that there are no solar energy facilities surrounding this site.
James Bentley, Reactivate, 2045 West Grand Ave, Chicago, Illinois, stated that they are proposing a 5
megawatt solar energy facility on 26 acres. This project will generate power for up to 880 homes per year.
They have included a buffer of 500 feet from all residential structures in their plan. Additionally, a fence will
surround the perimeter of the project.
Mr. Bentley stated that this land has been designated as grazing land and has not been irrigated since the
early 2000's. He added that agricultural is not being removed from production at this site.
Mr. Bentley said that they have had several meetings with the Town of Eaton regarding the
Intergovernmental Agreement and added that they have agreed to do a landscape/screening buffer on the
south side of the site. The life span of this project is 35 to 40 years. He added that Eaton's growth area is
expected to expand to that two and one-half mile radius within 30 years. Mr. Bentley said that it is difficult
to decrease that life span and agree to decommissioning in 30 years due to the feasibility of the project
over time so they have not come into an agreement regarding the decommissioning plan.
Mr. Bentley said that they are working under designated haul routes and will enter into an Improvements
and Road Maintenance Agreement.
Commissioner Hammond asked what kind of correspondence was held with the neighbors. Mr. Bentley
said that he reached out to neighbors within 500 feet of the project. He added that there was an effort to
make a community meeting but unfortunately, they were a little late in getting a meeting set and added that
he wanted to talk with the community himself.
Commissioner Hammond asked if Xcel Energy has awarded this project yet. Mr. Bentley replied that they
are currently in the application process with Xcel Energy.
Commissioner Hammond asked how far the panels are away from the closest home. Mr. Bentley said that
the panels are 506 feet to the closest residence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eunice Baer, 14915 CR 72, stated that she is the nearest house to this proposed solar energy facility. Ms.
Baer said that there are three (3) large gas pipelines on sie and expressed concern regarding the safety
of putting these panels over the pipeline. She suggested moving the panels further to the west where the
land naturally slopes so that it can protect her views to the west.
Patrick McNear, 34499 CR 31, stated that he lives approximately one-half mile south of this project.
Additionally, he said that he had owned a 30 acre parcel south of and adjacent to this site. Mr. McNear
stated that he sold that property to a friend to accommodate the allocation of certain water rights that he
owned. Once that use is no longer necessary, he has the right to purchase the land back.
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Mr. McNear stated that he agrees with all the statements made in opposition to this project. He added that
this project is a commercial/industrial use and is not consistent or compatible with the surrounding area and
will benefit one party and negatively affect surrounding properties. He asked that this not be recommended
for approval to the County Commissioners.
Lawrence Merritt, 14672 CR 72, stated that he lives directly across County Road 72 to the south. He added
that he submitted the letter with the eight signatures. Mr. Merritt said that there are several big picture
objectiors listed in the letter on the problems with solar panels and their efficiency. He expressed concern
regarding the decrease in property values, traffic safety and maintenance on County Road 72, toxic
chemicals from the solar panels, and removing farmland from production. He added that none of the eight
landowners were contacted by the company regarding this project.
Jeromie Ritzman, 14774 CR 72, stated that he has farmed and ranched his property since 1988. Mr.
Ritzman expressed concern on his views of this facility, decrease in property values, and that the access
is very near the access to his property.
Shane Powell, 35321 CR 31,stated that he owns the land that the proposed solar facility is proposed. Mr.
Powell said that he supports farmers and oil and gas. He added that he wants to be a good neighbor. He
said that there are no water rights on that land and there is no way to get water there. Mr. Powell said that
they have looked at several solutions on what to do with this land including farmland; however, it is dry and
cannot find a way to get water there. They also have several realtors working with him and have not been
told it will decrease the property values. Mr. Powell said that they are trying to find what is feasible with this
land and looking at all possibilities. He added that if it's a problem with the community then the solar energy
facility won't be probable.
Commissioner Hammond clarified if he is still looking into options for the land. Mr. Powell said that there
are a lot of hurdles before this is approved so he is still researching if the solar energy facility is the best
option.
Commissioner White asked for clarification on the water and asked if the farmland has been dried up. Mr.
Powell said that there is a coffin well adjacent to this site and a ditch where their water rights come in. He
added that the coffin well has to push water all the way up the hill to this site and they can't do it.
Mr. Bentley said that that they will have an Alta Survey performed on the property so it will identify exactly
where thine pipelines and easements are located. He added that they will not build upon those areas and
will have crossing agreements with the pipeline owners.
Mr. Bentley said that there are variations to the plan that may change depending on the Alta Survey;
however, he added that by moving it further west they will start moving into the floodplain and setbacks so
they don't have a lot of wiggle room. He added that they have agreed to increased screening on the east
side to protect the site lines.
Mr. Bentley offered to provide studies on how the property values are upheld and in some cases increased.
He added that there have been no negative impacts on market values with solar facilities.
Commissioner Wailes referred to the decommissioning plan and asked Mr. Bentley to speak to the
decommissioning cost summary and financial assurance. Mr. Bentley said that they have the obligation of
bringing the site to its original state after decommissioning of the solar facility. The bond is in place if
Reactivate is no longer part of this facility.
Commissioner White asked what the USDA classifies this property as. Ms. Wright said it is mostly prime
farmland if irrigated. He doesn't know that he got an answer if the water is legally dried up. He understands
that there is a well that they can't get the water to the site but asked if that parcel has been legally dried up.
Mr. Bentley said that he is not sure he can answer if it is legally dried up. He added that getting water to
the site is at a high cost to the landowner. Mr. Bentley further added that they don't intend to take agriculture
out of production.
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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 USR25-0004 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved bey Michael Wailes, Seconded by Michael Biwer.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Barney Hammond, Calven Goza, Hunter Rivera, Michael Wailes, Virginia Guderjahn.
No: Butch White, Michael Biwer.
Commissioner Hammond said that he is frustrated that he didn't have a final plan to look at as he gets
nervous voting on something that is not finalized. He added that he is also frustrated that there wasn't
better communication with the surrounding landowners.
Commissioner Biwer cited Section 23-2-220.A.3 and doesn't find that it is compatible with the surrounding
land use. He believes there are too many neighbors directly affected. He also cited Section 23-2-220.A.2
regarding the proposed use is consistent with the intent of the ag zone district and said that he is a little
uncertain as to the situation with the water. Mr. Biwer cited Section 23-2-220.A.7 and said that he isn't sure
that this use meets the welfare standard and the potential finance impact and the view. He wishes that
something was to be done on the east side of the road where all the neighbors are versus Eaton which is
miles away.
Commissioner White cited Section 23-2-220.A.2 and doesn't think it is consistent with the intent of the
agricultural zone district. He added that there are too many questions if that farm is going to be taken out
of production. He also cited Section 23-2-220.A.6 and doesn't think the applicant has demonstrated a
diligent effort to conserve prime agricultural land.
The Chair called a recess at 3:32 p.m. and reconvened the hearing at 3:40 p.m.
Case Number: USR25-0005
Applicant: Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49 LLC
Planner. Matthew VanEyll
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: N1/2 NW1/4 of Section 19, Township 7 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location: East of and adjacent to County Road 49; south of and adjacent to County Road 80
section line.
Matthew VanEyll, Planning Services, presented Case USR25-0005, reading the recommendation and
commerts into the record. Mr. VanEyll noted that there were no written correspondence or telephone calls
received from surrounding property owners.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
James Bentley, Reactivate, 2045 West Grand Avenue, Chicago, Illinois, stated that they are proposing a 3
megawatt solar energy facility on 30 acres. This will generate power for 530 homes for a year. The
landowner is not able to irrigate the eastern portion of his land that is proposed for the solar facility. Mr.
Bentley provided an overview of the mitigation for the potential impacts regarding noise, wildlife habitat,
dust and weeds, and traffic impacts.
Commissioner Biwer referred to the term community solar and said that once it gets to the grid that power
can go anywhere. He added that there is no direct benefit or cost reduction for the local community and
asked how that works. Mr. Bentley said that subscribers would subscribe locally and it does go back into
the grid. He added that where the power can be distributed is dependent to the utility.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Edwin Grant, 2411 27. Avenue, stated that he is an Xcel Energy stockholder. He provided comparison on
how much it takes to make energy from coal, oil, gas, solar, and wind.
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 USR25-0005 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 Biwer, Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: USR25-0006
Applicant: Noble Energy, Inc., Go Syrcuit Energy Solutions
Planner. Lindsay Oliver
Request: Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Part of the SW1/4 of Section 2'1, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to County Road 66; east of and adjacent to County Road
53.
Lindsay Oliver, Planning Services, presented Case USR25-0006, reading the recommendation and
comments into the record. Ms. Oliver noted that no written correspondence or telephone calls were
received from surrounding property owner regarding this project.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Craig Rasmussen, Syrcuit Energy, 4627 West 20th Street, Greeley, Colorado, stated that site is an old
Chevron site. He added that they will attempt to sell power directly to them for their operation as they
electrify their locations around the area and the rest would be sold to Xcel Energy.
Melissa Truit, Syrcuit Energy, 9333 Rangeview Lane, Littleton, Colorado, stated that they did a full Alta
Survey and the plan incorporates all pipelines and well locations. She added that they will be utilizing the
same access point. Ms. Truit stated that they invited surrounding property owners within 2640 feet of the
property to a community meeting, with three landowners in attendance. She added that none of the
landowners had any concerns.
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 USR25-0006 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.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia
Guderjahn.
Case Number: Ordinance 2025-08
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Planner:
Request:
Jim Flesher
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code (Miscellaneous)
Jim Flesher, Planning Services, presented Ordinance 2025-08, and provided a brief overview of the
proposed code changes. The Department of Planning Services recommends approval of this Ordinance.
Motion: Forward Ordinance 2025-08 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, 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 4:19 p.m.
Respectfully submitted,
45\itkint--
Kristine Ranslem
Secretary
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