HomeMy WebLinkAbout20213503.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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.
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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).
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.
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.
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
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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, 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.
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.
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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 and
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
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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
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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
Larimer 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.
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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.
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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 can finish
their process first.
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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
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