HomeMy WebLinkAbout20220054.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Skip
Holland, that
the
following
resolution be introduced for passage by
the Weld County Planning
Commission.
Be it resolved
by
the Weld
County Planning Commission that the
application for:
CASE NUMBER: USR21-0017
APPLICANT: JEREMY MARTIN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE PRINCIPALLY ENGAGED
IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING PAINTING OF OILAND
GAS SEPARATORS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -4462; PART W2W2 SECTION 35, Ti N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 21 APPROXIMATELY 0.5 MILES NORTH OF
CR 2.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Chapter 22, Article II, Section 22-2-30.A.1 addresses Weld County's commit to the economic
future of agriculture, specifically stating land use changes should not inhibit agricultural
production nor operations. The proposed use will not inhibit agricultural production or operations
are the property is not in agricultural production and is of an irregular shape that would
substantially restrict viable agricultural production. Further, over half of the site is graded in road
base for field operations.
Chapter 22, Article II, Section 22-2-60.B.5 addresses the support of responsible energy and
mineral development. Energy development facilities should preserve agricultural areas and
enhance the rural landscape. The use of the non -agrarian land is indirectly supporting the
energy sector by providing a necessary service. All oil field operations have equipment, piping
and materials that are exposed to the elements, the applicant is providing a local service to the
oil and gas industry by applying a protective coating of primer and paint to limit corrosion and
thereby helping to extend the life of the equipment.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
The proposed use is permittable under Section 23-3-40.V
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without the
interference of other, incompatible land uses.
The proposal meets the intent because the proposed use directly supports the oil and gas
industry and by default the energy development sector of the Weld County economy. Further,
Article III of Chapter 23 of the Weld County Code lists oil and gas support and service
businesses as a use allowed by special review outside of subdivisions and historic
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 2
townsites
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the three (3) mile referral area of the City of Fort Lupton, City of
Brighton and Adams County Adams County in their referral dated September 23, 2021
indicated no conflict with their interests The City of Fort Lupton and City of Brighton did not
return a referral
The subject property falls within Quadrant III of the City of Fort Lupton's Three Mile Plan
The Plan identifies land use types for this area, including Rural residential, homesteads, dry
agriculture, irrigated agriculture, oil and gas facilities, gravel mining, water storage, commercial,
and industrial uses As identified in the City of Fort Lupton Comprehensive Plan, land use types
identified for this area include Agricultural & Rural Residential, Commercial Transition, Light
Industrial & Office, and Mineral Zone Scattered homesteads, commercial and industrial uses
define the area The proposed use is consistent with the uses identified for this area The
subject property is also located within the Fort Lupton Intergovernmental Agreement area
The City of Brighton's Comprehensive Plan, Future Land Use map identifies this property as
agricultural and open space, stating agricultural land uses are expected to remain in the County
and are primarily adjacent to ditches, open space, estate residential, and industrial land uses
The agricultural landscape provides separation from adjacent municipalities The primary uses
are for crop production and animal husbandry with secondary uses being low density residential
housing on a farm or ranch agricultural business facilities and public facilities Applicant's may
apply for oil and gas exploration, drilling and production operations, including infrastructure
and accessory equipment or structures within all zoning districts Though not specifically
stated in the City's Land Use and Development Code, the proposed use would be an
accessory use to the oil and gas development permitted within the zone district
Weld County's Future Land Use Map identifies this area are outside of the Weld County
Opportunity Zone, yet within the Development classification area defined as Urban Non -Urban
mix
E Section 23-2-220 A 5 --The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport Overlay District, Municipal Separate Storm Sewer Systems (MS4) or a Special
Flood Hazard Area Building Permits issued on the property will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program, County Facility Fee and Drainage
Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The proposal is located on approximately 6 44 acres Prime if Irrigated per the 2020 Natural
Resource Conservation Service Soil Survey With the property having no irrigation rights and
over three (3) acres in road base, no prime agricultural land is affected by this proposal
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 3
G Section 23-2-220 A 7 —There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants
of the neighborhood and County
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission's recommendation for approval is conditional upon the following
1 Prior to recording the map
A The applicant shall address the requirements of the Colorado Division of Water Resources, as stated
in the referral response dated September 24, 2021 Written evidence of such shall be submitted to
the Weld County Department of Planning Services (Department of Planning Services)
B A Screening Plan shall be submitted to and approved by the Department of Planning Services that
screens the site from the public rights -of -way (Department of Planning Services)
C The map shall be amended to delineate the following
All sheets of the map shall be labeled USR21-0017 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of
the Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
The map shall delineate the screening in accordance with the accepted Screening Plan
(Department of Planning Services)
6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services)
7 County Road 21 is a gravel road and is designated on the Weld County Functional
Classification Mapas a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the USR map the existing right-of-way (and creating
documents) and the physical location of the road All setbacks shall be measured from the
edge of right-of-way This road is maintained by Weld County (Development Review)
8 Show and label the existing access location, a complying access width, and complying turning
radii (65') on the USR map (Development Review)
9 Show and label the approved tracking control on the site plan (Development Review)
10 Show and label the entrance gate if applicable An access approach that is gated shall be
designed sothatthe longest vehicle (including trailers) using the access can completely clearthe
traveled way whenthe gate is closed In no event, shall the distance from the gate to the edge
of the traveled surface be less than 35 feet (Development Review) -
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 4
11 Show and label the drainage flow arrows (Development Review)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around theproperty (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the platlnot
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional
three (3) month period (Department of Planning Services)
4 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement (Department of
Planning Services)
Motion seconded by Lonnie Ford
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Skip Holland
Elijah Hatch
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on December 7, 2021
Dated the 7th of December, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeremy Martin
USR21 -0017
A Site Specific Development Plan and Special Use Permit, USR21-0017 for Oil and Gas Support and
Service principally engaged in serving the oil and gas industry, including painting of oil and gas
separators outside of subdivisions and historic townsites, in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
The hours of operation are 8 00 a m —5 00 p m Monday — Sunday (Department of Planning Services)
4 The number of on -site employees shall be up to two (2), as stated in the application materials
(Department of Planning Services)
5 The number of commercial vehicles shall be up to four (4), as stated in the application materials
(Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
8 The existing landscaping and proposed screening on the site shall be maintained in accordance with
the accepted Landscape and Screening Plan (Department of Planning Services)
9 The property owner or operator shall be responsible forcontrolling
Chapter 15, Article I and II, of the Weld County Code (Development Review)
10 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
11 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
12 Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
13 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
14 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
15 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
andgroundwater contamination (Department of Public Health and Environment)
16 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 (Department of Public Health and Environment)
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 6
17. 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 applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
19. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
20. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at
all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less
full-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential propertiesand public rights -of -way. (Department of Public Health and Environment)
21. Any equipment washing area(s) shall capture all effluent and prevent discharges from washing of
vehicles and equipment in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Well permit 161587-A cannotbe utilized for
business use unless re -permitted. (Department of Public Health and Environment)
22. All chemicals must be handled in a safe manner in accordance with product labeling and in a manner
that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds.
(Department of Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
25. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2020 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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 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.
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 7
28 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department
of Planning Services
29 The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners
30 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
landowner
31 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the
state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource
32 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles
on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
RESOLUTION USR21-0017
JEREMY MARTIN
PAGE 8
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of stateiand
county roads outside of municipalities The sheer magnitude of the area to be served stretches
available resources Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING s
S2 a Tuesday, December 7, 2021
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,
Tom Cope, at 12:35 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader, Department
of Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion:
Approve the
November 2,
2021 Weld County Planning Commission minutes, Moved by Skip
Holland,
Seconded by
Lonnie Ford.
Motion passed unanimously.
CASE NUMBER: COZ21-0004
APPLICANT: ISAIA AND KRISTA ARICAYOS
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 1 OF SUBDIVSION EXEMPTION SE -1150; BEING PART OF THE SE4SE4
OF SECTION 36, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO NW C STREET; APPROXIMATELY 0.37 MILES
WEST OF NORTH 21ST AVENUE.
Maxwell Nader, Planning Services, stated that the applicant is requesting a continuance to the January 4,
2022 Planning Commission Hearing in order to fulfill the 30 -day mineral notification.
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 Case COZ21-0004 to the January 4, 2022 Planning Commission Hearing, Moved by
Butch White, Seconded by Michael Wailes. Motion carried unanimously.
CASE NUMBER: COZ21-0007
APPLICANT: GARY LEE
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 2 OF THE UNION COLONY SUBDIVISION; BEING PART NE4SW4
SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO EAST 16TH STREET; APPROXIMATELY 330
FEET WEST OF BALSAM AVENUE.
Angela Snyder, Planning Services, presented Case COZ21-0007, reading the recommendation and
comments into the record. Ms. Snyder stated that notice was sent to 24 surrounding property owners and
noted that no responses were 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.
Gary and Cheryl Lee, 580 East 16th Street. Mrs. Lee said that Staff did a good job of presenting their
request and appreciate their consideration in this matter.
1
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 COZ21-0007 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 Butch White
Vote: Motion carried by unanimous roll call vote (summary Yes = 7) I
Yes. Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
CASE NUMBER 1MJUSR21-20-0025
APPLICANT JOEL KONIG, C/O SUPERIOR OILFIELD SERVICES CO , LTD
PLANNER DIANA AUNGST
REQUEST A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO USR20-0025 FOR OPEN MINING (SAND,
GRAVEL AND STONE) AND PROCESSING OF MINERALS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION W2 AND SE4 OF SECTION 22, T12N, R63W OF THE 6TH P M , WELD COUNTY,
COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 138, APPROXIMATELY 1 MILE WEST OF
CR 71
Diana Aungst, Planning Services, presented Case 1MJUSR21-20-0025, reading the recommendation and
comments into the record Ms Aungst said that this area has been mined since 2012 She stated that in
2019, 14 61 acres was added to the permit under the first amendment She added that in July 2021 the
applicant requested an increase of 12 2 acres to the mining area for a total of 39 36 acres Ms Aungst
noted that the life of the operation is dependent on market demand
Ms Aungst noted that notice was sent to five (5) surrounding property owners, however, no responses
were received
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards
_ I
Commissioner Wailes referred to the importation of material from other sites and asked if that is for the
berming Ms Aungst said that they may import material from other sites, but not sure what the use of that
material would be
Commissioner Wailes asked how much further the life of the mine will be extended Ms Aungst said that
she is unsure as the applicant does intend to expand the mine in the future
Commissioner Edens asked what their date of completion is Ms Aungst said that staff does not put a date
of completion for gravel mines and suggested asking the applicant that question i
I
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, secondary containment due to fuel storage located on site, and noise report
Jim McFarland, Superior Oil, 2986 West 29th Street, Greeley, stated that staff did a good job of what they
are trying to accomplish on site
Mr McFarland said that if they import material, it would be for the purpose of blending something with the
materials that they make on site to be able to make it an acceptable product to be used for something; else
He added that they may also import some topsoil or overburden for reclamation at the end
Mr McFarland said that the original permit in 2012 provided a five-year completion plan in 2019 when they
increased the acres and added an additional five-year plan He said that we are requesting to increase the
acres today and requesting an additional five-year extension so it will expire in 2026 Mr McFarland stated
2
that it is like a five-year rolling plan as they don't permit the whole 475 acres at once as their lease with the
property owner allows them to increase by smaller increments, so it leaves the bulk of the area for the
landowner to farm
Commissioner Holland asked where the materials are going Mr McFarland said that 90% of the material
goes to the oil and gas facilities in the area He added that they are investigating other uses in the area to
be able to use the product Mr Holland asked if there is any problem with mining further down Mr
McFarland said that they have reached the floor and added that the deposit is only between 15 -to 20 feet
in depth
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 1MJUSR21-20-0025 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 Lonnie Ford
Vote' Motion carried by unanimous roll call vote (summary' Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
CASE NUMBER USR21-0017
APPLICANT JEREMY MARTIN
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE PRINCIPALLY
ENGAGED IN SERVING THE OIL AND GAS INDUSTRY, INCLUDING PAINTING
OF OIL AND GAS SEPARATORS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RE -4462, PART W2W2 SECTION 35, T1 N, R67W OF THE
6TH P M , WELD COUNTY, COLORADO
LOCATION EAST OF AND ADJACENT TO CR 21 APPROXIMATELY 05 MILES NORTH OF
CR2
Kim Ogle, Planning Services, presented Case USR21-0017, reading the recommendation and comments
into the record Mr Ogle noted an email was submitted by a surrounding property owner outlining concerns
that the site is not conducive to any industrial use, access is difficult, traffic safety, outside painting
contaminants, no method of controlling contamination, and large trees creating poor visibility The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards
Commissioner Holland asked how close the nearest neighbor is Mr Ogle replied the closest neighbor is
approximately one-half mile to the north of the site
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and air
emissions limits Ms Light suggested adding "The operation shall comply with all applicable rules and
regulations of State and Federal agencies and the Weld County Code" to the Development Standards as it
was inadvertently left off of the Staff recommendation
Commissioner Edens asked if their well will need to be changed to a commercial well Ms Light said that
they are not going to be using their well
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, stated that the applicant is requesting a
USR for oil and gas support business for outdoor painting of oil and gas vessels There will be one to two
employees on site and painting will occur during daylight hours seven days a week, weather permitting, but
the primary hours of operation are 8 a m to 5 p m Monday through Friday
3
Ms Bruxvoort stated that the closest residence is approximately 1000 feet from the site This residence is
owned by Charles Marcus and Mr Marcus provided a letter stating that he has no issues with the operation
and does not request that it be screened from view
Ms Bruxvoort said that their professional engineer evaluated the paint volumes and voc emissions land
determined that the surface coating operations are within an acceptable regulatory limit and that an APEN
filing is not required
Commissioner Cope asked at what point do they stop painting with the wind Ms Bruxvoort doesn't know
the threshold but if it is windy enough they are wasting product so they do not paint She added that they
are requesting painting to occur every day to accommodate with the weather
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 the request by Staff to amend the Resolution Ms Light suggested adding a
Development Standard 23 that states "The operation shall comply with all applicable rules and regulations
of State and Federal agencies and the Weld County Code" and renumber accordingly
Motion: Add Development Standard 23, as recommended by Staff, Moved by Michael Wailes, Seconded
by Michael Palizzi 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 USR21-0017 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 Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
Chair Cope called a recess at 1 36 p m and reconvened the hearing at 1 45 p m
CASE NUMBER USR21-0018
APPLICANT PUBLIC SERVICE COMPANY OF COLORADO
PLANNER CHRIS GATHMAN
REQUEST A USE BY SPECIAL REVIEW PERMIT FOR A 1041 MAJOR FACILITY ,OF A
PUBLIC UTILITY (PROPOSED ELECTRIC TRANSMISSION LINE EXTENDING
A TOTAL OF SIXTEEN (16) MILES IN THREE (3) SEGMENTS 1) AN
OVERHEAD 230 KV DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING
BETWEEN THE WESTERN AREA POWER ADMINISTRATION (WAPA) AULT
SUBSTATION AND THE PLANNED PUBLIC SERVICE COMPANY OF
COLORADO HUSKY SUBSTATION (LOCATED IN THE TOWN OF AULT), 2) AN
OVERHEAD 115/230 KV DOUBLE -CIRCUIT TRANMISSION LINE EXTENDING
FROM THE COLORADO HUSKY SUBSTATION TO THE PROPOSED COLLINS
STREET SUBSTATION SITE (IN THE TOWN OF EATON), 3) AN OVERHEAD
115/230 KV DOUBLE-CIRCIT TRANSMISSION LINE EXTENDING FROM THE
COLLINS STREET SUBSTATION TO THE EXISTING CLOVERLY TAP POINT)
IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION THE TRANSMISSION LINE IS TO BE LOCATED IN SECTIONS 1, 2, 3, 4, 5, 6,
10, 12, 13, 24, 25, AND 36, T7N, R66W, SECTIONS 7 AND 31, T7N, R65W, AND
SECTIONS 7, 18, 19, 20, 28, AND 29, T6N, R65W OF THE 6TH P M, WELD
COUNTY, COLORADO
LOCATION GENERALLY LOCATED SOUTH OF CR 86, EAST OF CR 25, WEST OF CR 41,
NORTH OF CR 64
Chris Gathman, Planning Services, presented Case USR21-0018, reading the recommendation and
comments into the record Mr Gathman noted that this request is for the transmission line only There are
no substations permitted in Weld County, as they are located and permitted within municipal limits Under
Exhibit Item 26, Xcel Energy is proposing to shift the transmission line a little bit further to the east where it
4
exits the Town of Eaton along the south boundary of the town crossing County Road 72 and then going
back west to Highway 85 Mr Gathman noted that it doesn't appear that it impacts any new surrounding
property owners as the boundaries of the properties to the east are still more than 500 feet from the
proposed updated alignment He added that 25 letters and emails were received regarding this application
and are included in the Exhibit Inventory list Mr Gathman said that 49 referrals were sent out and Staff
received 10 referrals with comments and 7 referrals without comments
Mr Gathman briefly provided responses to the 22 criteria required in the Weld County Code for a 1041
Application The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards
Commissioner Holland asked if this project was initiated by Xcel Mr Gathman replied yes Mr Holland
asked what factors support this project Mr Gathman said that they are trying to upgrade the system to
make it more reliable Mr Holland asked if it is development or age of the system that is driving this Mr
Gathman said it is a bit of both as there is a lot of growth occurring in this area and there is also an aging
system Mr Holland asked if this system parallels something they already have or is it a new or
replacement Mr Gathman said it will be a replacement of old equipment
Commissioner Holland asked if the right-of-way for this is primarily on public right-of-way Mr Gathman
said that it is a condition that they would need to obtain all of the right-of-way and they are in the process
of completing that Mr Holland asked if they have the ability for eminent domain Bob Choate, County
Attorney, said that this doesn't fit into the many criteria you are looking at in determining whether to approve,
deny or approve with conditions He added that the answer is yes, but it is not relevant to your decision
making and encouraged them to not dwell on that issue as it could be cause to find that you abused your
discretion
Chair Cope said that we need to go through the whole process with hearing the staff and applicant
presentations as well as public comment before making any opinions on this He asked Staff to finish their
presentations
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Rita Ruderman, Xcel Energy, 1800 Larimer, Denver, Colorado, stated that they submitted a 1041
Application for their NCAP (Northern Colorado Area Plan), specifically the Ault to Cloverly transmission
project They are requesting approval in order to construct, operate and maintain_a new 115/230 kv
overhead electric power transmission line
Ms Ruderman provided a visual map of the transmission lines from Ault to Greeley and noted that there
are some much older 44 kv transmission system She added that this area is growing and without upgrades
new business and development would be precluded Ms Ruderman said that they are replacing and
improving facilities in the current aging system to increase electric power transmission capacity to serve
existing and future customers in northern Colorado, improve electric power service reliability and safety
given current and anticipated demand and to meet the energy needs of Ault, Eaton, northern Greeley and
surrounding unincorporated Weld County They are replacing two existing substations in Ault and Eaton
and making improvements to two other substations and by replacing the current 44 kv transmission lines
with new 115 kv and 230 kv lines that will connect Ault, Eaton and northern Greeley -
Ms Ruderman said that there are several factors when considering a siting study and to making preliminary
and final decisions like this Electric system planning discloses the need for a project and where the project
is needed Then the project team relies on input from the public for local perspective and insight The team
must consider sensitive environmental issues, design requirements associated with transmission
engineering and substation engineering, the acquisition of land rights, the economics associated with the
project and must also comply with safety and construction related regulatory requirements Ms Ruderman
added that they try to do their best to avoid existing and planned residential areas, schools, parks, recreation
areas and designated open space The original preferred alternative would run the transmission line along
Union Pacific right-of-way within the Town limits of Ault, Eaton and portions of Weld County However,
after much collaboration with Union Pacific, several key engineering and track safety issues related to
5
colocation were determined to be unresolvable Therefore, the Union Pacific Route was not selected) and
the alternative route was selected as the proposed route
Ms Ruderman said that Public Service Company of Colorado submitted a 1041 Permit Application for this
project in late 2018 only to withdraw the application in the Summer of 2019 While this process included
public meetings, the feedback received led them to understand that the community was looking for
engagement that was more meaningful and transparent Ms Ruderman said that in October 2019 they
began a new siting and routing study process that was transparent and responsive to the entire community
She described the community outreach they had and what they did to be transparent in their study
Ms Ruderman said that since identifying the final proposed route they have been working with landowners
along the route to make adjustments and secure landowner agreements To date, 58% of the line has been
secured via options for easement agreements and if they were to include those who have expressed intent
to sign they are at 77 5%
Ms Ruderman said that since the original application was withdrawn in 2019 her team has spent the two
years from then conducting a thorough and systematic siting study and engaging with the community in a
manner that allowed thoughtful and meaningful input Additionally, they entered into a waiver agreement
with Weld County staff to provide ample time to review this project and to push the hearing dates beyond
the 90 days required in the Code She added that without an upgrade to the current 44 kv system outage
events such that was experienced in Spring 2021 could continue and future opportunities for new business
growth will be muted Ms Ruderman said that the proposed route is the best alignment to achieve the
badly needed system update with minimal impacts to residences and agricultural production in the Eaton
area
Commissioner Ford asked if there is any special education for safety of people operating under this
transmission line Ms Ruderman said that they designed the line to offer ample clearance for any of the
normal farm equipment that would be operating under the transmission lines She added that it is safe to
operate under them, however, if they are uncomfortable they can call and a patrolman will be onsite with
them
Commissioner Ford referred to aerial spraying and asked how they need to operate Ms Ruderman said
that no portion of their route boxes in a parcel where someone wants to fly from east/west or north/south
Commissioner Wailes said it sounds like the applicant is working with some of the landowners to minimize
the impact on their property by placement of poles He asked if those negotiations are still in progress Ms
Ruderman said that there are some landowners who don't want to negotiate until after they have received
approval She added that they have preemptively avoided directly impacting pivot or flood irrigated or drip
systems by placing the poles on the far edges of the property
Commissioner Wailes asked if the two 44 kv transmission lines will be removed Ms Ruderman said it is
not going away in its entirety Parker Wrozek, Xcel Energy Manager of Transmission Engineering, !1800
Lanmer Street, Denver, stated that the 44 kv system loops around Greeley and the vast majority will get
removed, however, there is an industrial customer that is on 44 kv and will stay on 44 kv because of their
operations
Commissioner Wailes asked why the transmission line isn't put underground Mr Wrozek said that it is
significantly more costly and added that it is also difficult to run very long distances with high voltages
underground He added that more substations along the route will be needed due to impedances of
underground Ms Ruderman said that undergrounding was not approved by the Public Utility Commission
for this case
Commissioner Edens stated that she has been reading that the electrical grid is not able to handle the
electric cars if everyone had a plug in to charge their electric cars She asked if this will help take care of
that problem Ms Ruderman said that it isn't directly associated with building a more robust grid for the
electric vehicle movement, however, it will in general increase capacity for the Eaton area in Weld County
to provide for all kinds of extra electrical load She added that it is not associated with electric cars, but it
will have increased reliability for businesses and everything
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Henry Jameson, 334 Redwood Avenue, Eaton, stated that he lives in the Maplewood Estates Subdivision
and said that there is a need in their neighborhood In March of 2021, they lost power for four (4) days and
five freezers full of food Additionally, he has lost two computers, a TV and several other electronic items
Mr Jameson said that there are 800 homes going in directly behind him He said that they need to get this
upgrade done now
Ryan Fagerberg, 4240 Grand Park Drive, Timnath, stated that he submitted a letter in opposition
Commissioner Wailes referred to the letter regarding his recommendation of having the power come into
the Eaton substation on the east side and asked if he could talk about that concern Mr Fagerberg said
that would line up the most with future development He said that he disagrees that having the power line
along the Highway 85 corridor is in most compliance and support of future growth He said that the
applicants stated that they have made all efforts to minimize the impact to drip irrigation but he has tried to
explain how that system works where it is charged and full of water so the footer lines at the bottom of the
fields where these structures would be located would be disrupted in a manner that would not enable them
to irrigate probably 1/3 of that farm (approximately 60-70 acres) Mr Fagerberg said that they have reached
out to the Town of Eaton several times and they just seem to have no intentions to allow public comment
on this project and it is very concerning He added that there is the Cowboy Church in Lucerne is next to
this line
Greg Abel, 4832 Broadmoor Court, Ft Collins, stated that he is representing Northern Colorado Cowboy
Church He said that the applicant stated that these power lines are not located near 300 feet of any places
of worship However, the proposed line is still within 300 feet of their church He is also concerned as they
have a fence that surrounds their property and currently some playgrounds going in and several youth kids
that play on their property
Jeff Meadows, 292 Cardinal Court, Eaton, stated that he wants to reiterate Mr Jameson's comments
regarding the concern of the Maplewood Estates Subdivision He added that he has lived there for over
six years and has lost three refrigerators and three television sets Mr Meadows said that he understands
the farmers and the impact to their property, however, he is in support of this project
Gary Booth, 35768 CR 27, stated that his concern regarding 58% is not a high percentage and added that
until it reaches 90% it should not be considered
James Reeman, 35710 CR 39, stated that he lives directly across from the new school yard He said that
County Road 39 is a direct route for sand trucks going north He is concerned that all traffic will be going
down County Road 39 He added that he is in opposition to this project
Vince Harris, Baseline Corporation, stated that Baseline Corporation is in contract with the Town of Eaton
as the Town Planner Mr Harris stated that the Town of Eaton did send a letter last week from the Town
Administrator indicating that the Town has received an application from Xcel Energy for the transmission
line and added that it is currently going through their review and comment process Mr Harris said that it
is not yet scheduled for public hearings, but they will have public input It is currently in process with the
Town of Eaton and there will be public comments allowed
Warren Milne, 33998 CR 37, stated that he owns farm ground north of Lucerne where the proposed
transmission line is going through He said that Xcel Energy has said that they follow the edge of the field
to conveniently avoid most of the impact on farm ground, however, 95 feet out in the field is not the edge
of a field and it impacts them He added that the aerial sprayers can continue to spray the fields except for
that 90 or 150 feet which is no longer able to be sprayed by an aerial sprayer He added that equipment
now days is much bigger than it used to be and it creates an issue as well He does not disagree that the
power lines need to be upgraded but is not in favor of the route
Commissioner Wailes asked if there is anything that Xcel Energy could take into consideration to lessen
that impact, other than not doing the project Mr Milne said that if they wanted to put it on the edge of the
field that would be way better but their 95 feet off the edge is not the edge of the field He added that he
runs a lateral sprinkler and it will span most of it but not all of it, and with a sprinkler you need to make the
whole thing Mr Milne said that he believes what they are offering for compensation is sad
7
Commissioner Holland asked what economic impact to your property with this line Mr Milne said that
there will be labor intensive flood irrigation and can't have crop dusters so he will need equipment to get in
the field to spray
Mr Booth referred to the comments that running along the Union Pacific Railroad right-of-way wouldn't
work because of safety concerns and future development he would like to submit that the people in this
room have the same possibilities of future development too
Ms Ruderman said that the gap between the 58% and the 77% is covered by the City of Thornton and they
have been in active negotiations with them and have met all their terms and conditions so it is pending City
Council approval
Regarding Mr Fagerberg's comment, Mr Harris covered the public comment period that will be allowed in
the hearings for Eaton Ms Ruderman said that any damage to any drip irrigation system would be
temporary and they would pay crop loss and damages additionally for that period during construction They
also have an agricultural mitigation plan to help with any specific nuances on various parcels to help mitigate
any damages done
Regarding the church, the traditional siting study looks for church buildings, however, the church was a
commercial building that was converted to a restaurant and now a church and they apologize for not
recognizing it as a church and will be reaching out to them Ms Ruderman said that the line itself will not
impact the church directly, however, they will reach out to them to discuss where the line will be
As demonstrated by Mr Milne, impacts to property are unique and complicated and added that they are in
the middle of speaking with him She did clarify that their easements, even though they are 95 to 150 feet,
they do not impede on actual operations in that easement
Commissioner Ford asked how far the poles would be on Mr Milne's property Ms Ruderman said that
they are in the middle of negotiating with Mr Milne and haven't been able to make those adjustments to
make sure that we are where it works best for him and for their operations Mr Ford asked what the typical
number is from a road to a pole Ms Ruderman said that in very general terms, in a perfect straight line
there will be 75 feet and there will be a pole and then another 75 feet She added that the idea is to be on
the edge of his field to make sure that they are not impacting him
Commissioner Ford asked what the increase of power will be Mr Wrozek said that he doesn't know the
exact number but the 44 kv system is around 150 to 200 amps and the new 230 kv line will be rated at 1400
amps so it is a significant increase in power
Commissioner Edens didn't hear the applicant address the cemetery Ms Ruderman said that the cemetery
is within the Town of Eaton, so it is under their jurisdiction She added that there will be increased traffic
during construction but following construction it will be minimal
Commissioner Cope said that he understands there are different types of poles and arms and asked if there
is the potential of putting a pole cantilevered to one side as opposed to arms that are on both sides Ms
Ruderman replied yes and said that they are proposing that on portions of the line She added that it helps
them to be on the edge without physically being out on the highway
Commissioner Cope asked what would be the closest you could be to the road right-of-way with the center
of the pole to try to keep out of the field as much as you could Ms Ruderman said it depends on the pole
structure Mr Wrozek said that with no road going through the middle of the property with 150 road; right-
of-way and the pole would be located on 75 feet either side and that allows them to maintain clearances of
swinging wire He said that they are trying to minimize impacts and come up with solutions Mr (Cope
commented that that your edge of field is different than the farmer's edge of field
Commissioner Holland asked why we don't let Eaton finish their process before we make our decision
Mr Gathman said that Eaton is a different jurisdiction and we already have an agreed timeline for this
permit He added that it is kind of hard for us to put our process on hold so another jurisdiction cant finish
their process first
8
Commissioner Edens asked which one is the cart and the horse She added that these people have to
have a place to go to start She said that Eaton has their own set of rules that they have to play by in order
to approve this in their jurisdiction She added that just because we approve it and Eaton doesn't approve
their route they have to go back to the drawing board
Commissioner Wailes asked the County Attorney if we have a statutory requirement to stay within the time
frame that the application was submitted Mr Choate said that is correct and you don't have the option to
continue this for any reason He added that you may approve or deny or approve with conditions Mr
Choate agreed with Mr Gathman and added that you make your decision based on the application in front
of you and the criteria from the County Code and not defer to another jurisdiction
Commissioner Palizzi asked if this project would alleviate the issues for the people in Maplewood Estates
Ms Ruderman replied yes and added that it will improve the situation in Maplewood estates
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 USR21-0018 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 Wailes
Commissioner Ford said that these farmers will get paid one time, but these farmers have to live on the
farm and make money off their crops year to year for as long as they live there He added that it is important
that this power line be placed so that farmers can utilize their land to make a living so he hopes that Public
Service will take this into account and realize that this is just not a one time payment for them It is actually
a yearly income that could be affected if not done correctly
Commissioner Cope agreed and added that as long as that stays a farm, that farmer will have to deal with
this and it does need to be evaluated and as much of the cantilever that makes sense to do should be done
Chair Cope called for the vote
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland, Tom Cope
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 50 pm
Respectfully submitted,
Kristine Ranslem
Secretary
9
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