HomeMy WebLinkAbout20222033.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 12, 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 Butch
White at 12:33 p.m.
Roll Call.
Present Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Tom Cope, Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the June 7, 2022 Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0013
APPLICANT: DAVID COGBURN, C/O US SOLAR
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (2.4 MW ON 18 ACRES) OUTSIDE
OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4581; BEING PART OF THE S2SE4 SECTION 24, T6N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66; WEST OF AND ADJACENT TO CR 49.
Kim Ogle, Planning Services, presented Case USR22-0013, 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. Mr. Ogle recommended adding a new Condition of
Approval 1.A to read "The proposed access to the solar energy facility crosses the Union Lateral Irrigation
Ditch and the Roth Ditch located north of and parallel to County Road 66. The applicant shall submit
evidence of a recorded vehicular crossing agreement and also a separate utility crossing easement
agreement between the Union Lateral Irrigation Ditch and the Roth Ditch. The agreement shall be between
the Union lateral Irrigation Ditch and the Roth Ditch and David Cogburn, surface property owner on behalf
of US Solar as leaseholder. Recorded evidence of each agreement shall be submitted to the Department
of planning Services".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Michelle Simms, US Solar, 100 North 6t" Street, Minneapolis, Minnesota, stated that the are requesting to
construct, own and operate a 2.4 megawatt solar energy facility on 14.8 acres. The solar facility is located
on the west side of the parcel and meets all county setbacks and will be accessed via a new proposed
access point. The solar facility will interconnect directly into Xcel Energy's existing distribution system along
the south side of County Road 66 and will generate enough clean energy to power approximately 600
homes annually.
Ms. Simms stated that the solar facility is sited on approximately 15 acres of land and the footprint was
designed to maximize the productivity and irrigation of the remaining 58 acres of this parcel. The footprint
allows the center pivot to continue irrigating the maximum amount of land possible. She added that the 15
acres of the solar facility will be vegetated with a native habitat mix. Ms. Simms said that construction is
expected to last approximately 10 weeks. The height of the panels are about six to eight feet tall. A farm
field type fence will be installed and landowners within 500 feet will be provided with Rocky Mountain
Juniper trees for screening unless they choose to waive the screening requirement.
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Commissioner Gluck asked if this site is currently irrigated crop land. Ms. Simms said that this site is
currently irrigated crop land.
Commission Ford asked why this farm land was chosen instead of land that isn't prime farm land. Ms.
Simms said that there is a lot of consideration that goes into siting the solar projects. Some of the criteria
that are required to have a successful project is to develop on land within Xcel Energy's service territory,
which includes this area, and this is very close to the distribution line on County Road 66 so having projects
closer to those distribution lines ensures that less electricity is lost and is overall a better fit for Xcel Energy.
Additional things to consider is the topography of the land and also because this land is owned by a private
landowner it is a business opportunity for them to support their farm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Add new Condition of Approval 1.A and renumber accordingly, as recommended by Staff, Moved
by Michael Wailes, Seconded by Skip Holland. 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 USR22-0013 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 Michael Wailes, Seconded by Michael Palizzi.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Butch White, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland.
No: Lonnie Ford, Pamela Edens.
Commissioner Gluck stated that it would be better to look for ground that is not existing farm ground so that
we can maintain Weld County's agricultural heritage.
Commissioner Ford said that he believes farm land should not have a solar facility.
CASE NUMBER: USR22-0014
APPLICANT: STEVEN AND KELLY ROLL, C/O K9CATION, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (BOARDING KENNEL, DAYCARE AND TRAINING
FACILITY FOR UP TO 25 DOGS) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 SECTION 25, T1N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 47; 0.5 MILES NORTH OF CR 4.
Chris Gathman, Planning Services, presented Case USR22-0014, reading the recommendation and
comments into the record. Mr. Gathman noted that the applicant indicates that the mission of the property
owner's business is to reduce shelter populations by providing services that keeps dogs in their homes.
This facility will provide training, daycare, dog sports and boarding which will help animals to build better
connections, understanding and communications with their owners. 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, on -site
dust control, and the Waste Handling Plan.
Commissioner Wailes asked what the nature of the zoning violation was. He asked that if it is noise will it
be addressed through the development standards or conditions of approval. Mr. Gathman said that he isn't
aware of any noise complaints received on this case. He added that the original kennel building was
permitted as an outbuilding and had been converted into a kennel so that is what started the zoning
violation.
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Steven Roll, 1644 CR 47, stated that they are requesting to operate a kennel business on their property.
He said that they will mainly operate during daytime hours and added it will be a boarding facility and is
designed to hold approximately up to 25 dogs. Mr. Roll noted that they sent out letters to all surrounding
landowners and didn't receive any objections.
Mr. Roll said that their mission is to keep animals in their homes. They help mitigate issues through their
training. The also train stock dogs and added that there are only five (5) facilities in the state.
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 USR22-0014 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Sam Gluck, 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, Sam Gluck, Skip Holland.
CASE NUMBER: COZ22-0006
APPLICANT: MARISELA MENDEZ
PLANNER: MICHAEL HALL
REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF LOT 2 OF THE SE4SE4 OF SECTION 9, T5N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS
BY THE UNION COLONY OF COLORADO.
LOCATION: EAST OF AND ADJACENT TO BIRCH AVENUE; APPROXIMATELY 225 FEET
SOUTH OF EAST 18TH STREET.
Michael Hall, Planning Services, presented Case COZ22-0006, reading the recommendation and
comments into the record. 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.
Marisela Mendez, 1828 Birch Avenue, Greeley, Colorado, stated that they are requesting to down zone
their property to agricultural because their children are interested in showing animals.
Commissioner Gluck asked what kind of animals they intend to have. Ms. Mendez stated that they will
have cows and possibly pigs.
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 COZ22-0006 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Sam Gluck, Seconded
by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland.
CASE NUMBER: USR22-0010
APPLICANT: NOELIA LEAL AND MELISSA KEEN
PLANNER: MICHAEL HALL
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE ( UP
TO 12%) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 7, BLOCK 78, ARISTOCRAT RANCHETTES 3RD FILING; BEING PART OF
SECTION 26, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO LAMB AVE; APPROXIMATELY 220 FEET
WEST OF FLINT AVE.
Michel Hall, Planning Services, presented Case USR22-0010, reading the recommendation and comments
into the record. Mr. Hall stated that the applicants are requesting to keep the existing accessory structures,
built without permits, that when combined with existing buildings exceed the allowable coverage building,
being 10% of this parcel. He added that the building coverage currently comprises 12% of the property.
The applicant has applied for three (3) building permits for the existing unpermitted structures. 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, on -site
dust control, and the Waste Handling Plan.
Noelia Leal, 16109 Lamb Avenue, Fort Lupton, Colorado, stated that they built a shed on the property to
have a safe, rodent free storage building. The other building was for their animals to have shelter.
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 USR22-0010 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 Skip Holland, Seconded by Sam Gluck.
Commissioner Holland expressed gratitude to staff for the work they did in processing this matter.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland.
CASE NUMBER: USR22-0015
APPLICANT: AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO A RESEARCH LABORATORY (ROCKET
TESTING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE NW4 AND PART OF THE E2 OF SECTION 8, T7N, R63W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 82; EAST OF AND ADJACENT TO CR 63.
Michael Hall, Planning Services, presented Case USR22-0015, reading the recommendation and
comments into the record. Mr. Hall noted that no comments were received from the three (3) surrounding
property owners regarding this proposed project. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
Commissioner Edens said that it appears there is a body of water next to this site and asked what it is. Mr.
Hall clarified that the small body of water south of and adjacent to the site is an area where an ephemeral
water pools but it is not a labeled body of water.
Commissioner Holland referred to the east property and asked what way the water drains off the property.
Mr. Hall said that from site inspection it appears it drains to the southeast. Mr. Holland referred to Coal
Creek and asked if it is a drainage way. Mr. Hall said it is a local stream system and is an unmapped
floodplain. Mr. Holland asked if it is a tributary to anything downstream. Mr. Hall said that it would eventually
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connect with other area streams. Mr. Holland asked what the constituents of the fuel materials that are
deposited after the testing. Mr. Hall replied that the applicant can answer that question.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise mitigation and the Waste Handling Plan. Ms. Light noted that the applicants are
requesting to exceed the industrial noise limit during the rocket testing. She added that Development
Standard 21 does allow an exceedance of the industrial limit during engine testing.
Nick Doucette, URSA Major Technologies, 19750 CR 7, Berthoud, Colorado, stated that URSA Major
Technologies were established in 2015 to focus on designing, building, testing and shipping rocket engines.
Since being founded in 2015 they have built and tested over 60 individual rocket engines. He added that
currently the company has 250 employees.
Commissioner Ford asked if there is traveling from Berthoud to this site. Mr. Doucette said that the engines
are built in Berthoud and brought out here for testing.
Commissioner Ford asked about fire protection for this site and asked if there are any on site employees
that are firemen. Mr. Doucette said that they have an EHS Manager who is a former fire fighter. He added
that they have a fire engineer help guide them to make sure they are doing things correctly.
Commissioner Edens asked how far the noise level will be exceeded. Ms. Light referred to Development
Standard 21 and said that the industrial limit is 80 decibels and they are asking for 100 decibels only during
the engine testing. Ms. Edens asked how much noise that would be to the nearest neighbor. Mr. Hall said
that rocket engine noise levels at the nearest neighbor is equivalent to a car passing on a road.
Commissioner Holland asked if they operate under either a RCRA or CERCLA clean up standard
administered by the EPA. Mr. Doucette said that he is not familiar with those two standards. He added
that they do have requirements from EPA for spill control of their current fuel storage. Mr. Holland said that
those two standards are clean-up standards. He is concerned about the applicant's understanding if there
is a catastrophe or a failure that would trigger those kinds of standards. Mr. Doucette said that with some
of the experience taken from some of their employees they have seen some element of large-scale spills
or catastrophe.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Russ Kane, Galeton Fire Protection District, 36060 CR 49, Eaton, Colorado stated that they have had the
blessing of sharing Fire Marshalls with Berthoud and added that they have contacted Berthoud Fire. Mr.
Kane said that the applicant has a positive compliance history and incident history with Berthoud Fire.
Mr. Kane noted that the site would contain liquid hydrogen, liquid nitrogen, liquid oxygen and a form of
kerosene on site. He stated that these items are not incompatible with what they deal with every day in the
oilfields. He said that they bring water to fires on axle and they are used to it and effective at it. However,
he added that they would like a head start for the warehouse buildings to get some sort of onsite water
storage which they would negotiate at construction time.
Jason Kern, 30887 CR 88, Ault, Colorado, stated that he is the adjacent landowner to the north. He said
that he doesn't have any objection but just wanted to comment that noise is his only concern. He is exactly
two (2) miles from the facility and can handle the sound of a car driving by but he does have land with cows
along with himself and his children who ride horseback through the pasture that is a few hundred feet north
of their north testing site.
Mr. Doucette referred to Mr. Kern's concern of noise concerns and said that the decibel levels do not present
a safety concern unless it is a prolonged exposure time. He added that he has a table that he can discuss
with Mr. Kern on exposure levels.
Commissioner White asked if the testing is done on any schedule to share with the neighbors. Mr. Doucette
said that they send out email and text alerts anywhere between one (1) hour or 15 minutes before a test if
needed. He added that they would be happy to do that at this site.
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Tyler Wetzel, URSA Major Technologies, 19750 CR 7, Berthoud, Colorado, said that area shown on Coal
Creek is the 100 -year floodplain analysis. He added that most of the time it is a dry creek bed. Mr. Wetzel
stated that all of their potential testing areas are outside of that floodplain.
Commissioner Holland said his issue isn't the floodplain but the long term potential contamination that would
end up draining to water supplies. Mr. Wetzel said that they burn mainly oxygen with jet fuel and most of
the combustion emissions are pretty negligible. Mr. Doucette added that it is a very low percentage of
hydrocarbons and the rest is vaporized gas. He said that currently they do not have to report that to the
EPA because they fall well below the threshold that EPA requires for formal reporting.
The Chair asked Staff if they have any changes to the resolution. Mr. Hall recommended a change to
Condition of Approval 1.H by adding the following language "Improvements may include but not be limited
to the upgrade of the unmaintained portion of CR 63 to be used for access onto CR 78 and of the portion
of CR 78 between the site access point and the intersection of CR 59", to the end of the existing paragraph.
Mr. Hall referred to notifying the neighbors for noise and suggested adding a Condition of Approval 1.A to
read "The applicant shall submit a Communication Plan for review and approval by the Department of
Planning Services". Additionally, he recommended adding a new Development Standard 7 to read "The
facility shall operate in accordance with the approved Communication Plan".
Motion: Add Condition of Approval 1.A and Development Standard 7, as recommended by Staff, Motion
by Skip Holland, Seconded by Pamela Edens. Motion carried unanimously.
Motion: Amend Condition of Approval 1.H, as recommended by Staff, Motion by Michael Wailes,
Seconded by Lonnie Ford. 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 USR22-0015 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 Michael Wailes, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland.
Commissioner Wailes said that this directly supports economic prosperity in Weld County and it sets us up
for generations ahead to do some amazing things.
Commissioner Holland expressed appreciation for Staffs and the applicant's work on this project.
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 2:34 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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