HomeMy WebLinkAbout20220867.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 1, 2022
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,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Tom Cope.
Also Present: Michael Hall and Angela Snyder, Department of Planning Services; Melissa King,
Development Review, Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the February 15, 2022 Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Butch White. Motion passed unanimously.
CASE NUMBER: COZ22-0001
APPLICANT: ROBERT AND SHARON BAUMGARTNER
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) AND THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICTS TO THE 1-3 (HEAVY INDUSTRIAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART OF THE N2NE4NW4 OF SECTION 31, -11 N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO VACATED CR 4 RIGHT-OF-WAY;
APPROXIMATELY 510 -FEET WEST OF U.S. HIGHWAY 85.
Angela Snyder, Planning Services, presented Case COZ22-0001, reading the recommendation and
comments into the record.
Ms. Snyder requested that Condition of Approval 1.A be removed as the applicant has met this condition.
Additionally, she added that there are currently several commercial vehicles parked within the floodplain;
therefore, a condition of approval has been included that this part of the property would be brought into
compliance with the floodplain regulations. The Department of Planning Services recommends approval
of this application along with conditions of approval.
Commissioner Holland asked if there is drainage through this property. Ms. Snyder said it drains to the
South Platte River, which is also on the property. Mr. Holland is concerned with potential pollution coming
from the property to the South Platte River. Melissa King, Development Review, said that this property is
located in an MS4 area which would require water quality. She added that there are currently water quality
ponds on site, however, they will need to be upgraded as they go through the Site Plan Review process.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Craig Baumgartner, 581 South 16th Avenue, Brighton, Colorado, stated it is a family business and they are
looking to expand by adding a second building. Lynette Baumgartner, 845 South 9th Avenue, Brighton,
Colorado, stated that the pond on site was intentionally built that way so it wouldn't run off into the river.
Commissioner Holland asked if the pond has a spillway overflow. Mr. Baumgartner said that it does not
and added that it goes to the surface and then in the event it would fill up it could possibly make the 350
feet distance to the river. Mr. Holland asked if there have been any spills out of that pond. Mr. Baumgartner
replied no and added that even in the heaviest rains that pond may raise two to three feet from the bottom.
Commissioner Holland asked what the land use on this property is. Mr. Baumgartner said that anything
outside of the building is storage of parked trailers and rental equipment. Ms. Snyder said that currently
they are not supposed to have anything in the floodway. Ms. Baumgartner stated that they are in the
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process of moving all that stuff off of the property and added that they are planning to build a new building
for warehouse and storage.
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 referred to Staff's request for removal of Conditional of Approval 1.A. Ms. Snyder stated that
Staff is requesting the removal of Condition of 1.A as the parcels have been combined.
Motion: Delete Condition of Approval 1.A, Moved by Skip Holland, Seconded by Sam Gluck. Motion
passed unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ22-0001 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Michael
Wailes, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck,
Skip Holland.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
MINF21-0001
N F21-0001
GEORGE ZADEL
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL
PLAN FOR 5 LOTS WITH E (ESTATE) ZONING.
LOT B REC EXEMPT RE -1359; BEING PART SW4SW4 SECTION 34, T4N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 19; NORTH OF AND ADJACENT TO CR 38.
Michael Hall, Planning Services, presented Case MINF21-0001, reading the recommendation and
comments into the record. Mr. Hall noted that no responses were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Andrew Baker, Baseline Engineering, 112 N Rubey Drive, Golden, Colorado, stated that Staff provided a
great presentation and is available for any questions.
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 Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case MINF21-0001 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck,
Skip Holland.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
USR21-0023
ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
SE4 SECTION 15, T2N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO
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LOCATION: 0.5 MILES EAST OF CR 43; NORTH OF AND ADJACENT TO CR 20 SECTION
LINE.
Angela Snyder, Planning Services, presented Case USR21-0023, reading the recommendation and
comments into the record. Ms. Snyder noted that no responses were received from surrounding property
owners. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Commissioner Holland clarified if this is irrigated farmland. Ms. Snyder said that she doesn't believe it is
irrigated. Mr. Holland asked how this project would be decommissioned. Ms. Snyder replied that a
decommissioning plan is required and was submitted with the application.
Commissioner White referred to their financial assurance and stated that it reads 15 years after
commencement of operations the project owner shall provide removal security. He asked to clarify if the
County will wait 15 years to collect this money. Karin McDougal, County Attorney, stated that she will
research this. Additionally Commissioner Gluck asked what the amount of the bond is.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nathan Stottler, One Energy Renewables, representing Overland Solar, LLC, 3487 Florence Way, Denver,
Colorado, stated that the land was not irrigated but is dryland. The famers of the land had a hard time
turning profit with the soils out there so the owners turned to them as an alternate means of income.
Commissioner Gluck asked what the life expectancy will be for this project. Mr. Stottler replied that it will
be 30 years with a possibility of extending out to 50 years with upgrading and repowering in the future.
Commissioner Edens asked if that includes the replacement of solar panels or the expected life of the solar
panels. Mr. Stottler replied that the expected life of the solar panels is around 30 to 35 years. He added
that the other equipment (foundation, racking, trackers, etc.) do last longer and then at 30 to 35 years they
would evaluate to repower the facility which would mean replacing the solar panels to extend the life for
another 20 to 25 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Karin McDougal, County Attorney, referred to Section 23-4-1030 regarding the
decommissioning/reclamation plan and stated that it shall be provided at the time of the SEF application
submittal. She added that it shall commence 12 months after the power production has been seized and
updated every five (5) years to address the cost. Commissioner White clarified if the applicant's plan is in
compliance with the code. Ms. McDougal said that she has not reviewed their plan; however, she added
that she will take a look at that and work with staff to address this and make sure that the decommissioning
plan is in compliance with what the code requires.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Holland asked what the basis of Commissioner White's comments were that the applicants
were not in compliance. Mr. White said that according to Ms. McDougal the decommissioning plan is to be
updated and reviewed every five (5) years and the applicant has stated that the financial assurance that
One Energy has provided will be 15 years after the commencement of operations of the project. The project
owner shall provide removal security to cover the estimated removal costs. Commissioner White added
that it doesn't sound like they not putting a bond up until 15 years after operating. Karin McDougal, County
Attorney, said that she understands what he is referring to and added that there is a condition of approval
prior to construction and the code does require a letter of credit, bond, or alternate form of security in an
amount sufficient to fund the estimated decommissioning/reclamation costs. Ms. Snyder added that this
statement is included in Condition of Approval 5.A and will be addressed before final. Commissioner White
stated that he doesn't have a problem with the project but it is something that should be mentioned with the
County Commissioners.
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Motion: Forward Case USR21-0023 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 Butch White, Seconded by Michael Palizzi.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Butch White, Elijah Hatch, Lonnie Ford, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland.
No: Pamela Edens.
The Chair asked the public if there were other items of business that they would like to discuss. Gordon
Weichel, 22626 CR 22, stated that he owns the property adjacent of where the solar facility is being
developed and asked if there were additional construction questions. Karin McDougal, County Attorney,
clarified that they were specifically talking about the decommissioning plan and the bond related to that
decommissioning plan. She added that it looks like according to the Weld County Code that Staff reviews
that or there could be an update to the bond value every five (5) years.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 1:32 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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