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BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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.
APPLICANT
PLANNER
REQUES.
LEGAL DESCRIPTION
LOCATION
USR19-0009
ROUNDHOUSE RENEWABLES, LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A NEW ABOVE
GROUND SINGLE -CIRCUIT 230 KV TRANSMISSION LINE THAT WILL EXTEND
THROUGH 3.9 MILES IN WELD COUNTY) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
THE TRANSMISSION LINE CROSSES SECTIONS 19. 20,29, 30. AND 31. T12N,
R67W AND SECTION 6, T11N. R67W; ALL LOCATED IN THE 6TH P.M., WELD
COUNTY. COLORADO.
TRANSMISSION LINE RUNS FROM THE LARIMER/WELD COUNTY LINE
JUST TO THE SOUTH OF THE COLORADO/WYOMING STATE LINE AND
RUNS IN A SOUTHEAST DIRECTION TO A DISTANCE OF APPROXIMATELY
1/2 MILE TO THE WEST OF INTERSTATE 25. THE TRANSMISSION LINE
THEN TURNS AND RUNS IN A SOUTHWEST DIRECTION TO THE
LARIMER/WELD COUNTY LINE APPROXIMATELY 2.75 MILES NORTH OF
COUNTY ROAD 128.
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 Chapter 21 of the Weld
County Code
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-
3-340. A of the Weld County Code, as follows:
Section 21-3-340.A.1— The health, welfare and safety of the citizens of the County will be protected
and served.
The proposed transmission line is located on property under private ownership and is in a remote and
rural setting that will have little to no impact on the health, welfare and safety of the citizens of Weld
County. The proposed transmission line is located approximately 0.25 miles from the nearest
residence. The Weld County Sheriffs Office indicated no concerns in their referral dated 2/14/2019. No
referral response has been received from the Nunn Fire Protection District. No referral responses have
been received from the Weld County Office of Emergency Management and the Nunn Fire Protection
District.
Section 21 -3 -340.A.2 -The natural and socio-economic environment of the County will be protected and
enhanced.
The applicant conducted an inventory of wildlife habitat. cultural resources and other sensitive areas was
conducted prior to submittal of the application and is included with the application submittal. The proposed
transmission line will span wetland areas and avoidance measures will be implemented during
construction to avoid sensitive wildlife impacts (such as raptors and migratory bird nests). No referral
response has been received from Colorado Parks and Wildlife and History Colorado.
Section 21-3-340.A.3 -- All reasonable alternatives to the proposed action, including use of existing rights -
of -way and joint use of rights -of -way wherever uses are compatible, have been adequately assessed and
the proposed action is compatible with and represents the best interests of the people of the County and
USR19-0009, page 1
Roundhouse Renewables LLC transmission line
USR 19-0009
ROUNDHOUSE RENEWABLES, LLC
PAGE 2
represents a fair and reasonable utilization of resources in the impact area.
The applicant conducted an evaluation (siting study) of six alternative routes. The siting study consists of
an Alternatives Constraints Study and Alternative Route Comparison where factors including but not
limited to Vegetation and Surface Water, Wildlife Criteria, land use and engineering criteria were evaluated
and ranked. The preferred route received the highest overall evaluation score when all categories where
scored. The preferred route follows the existing infrastructure rights -of -way to the extent practical and is
proposed to minimize impacts on existing agricultural, residential uses and the natural environment.
Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been
presented.
The applicant conducted an evaluation (siting study) of six alternative routes. The evaluation study
indicates the proposed preferred route (route 2B) avoids siting within 100 -feet of wetlands and involves
only one (1) crossing of a riparian (tied for the lowest number of crossings for the routes that were
evaluated. Additionally. the route was determined to have the lowest level of additional visual impacts
from recreational trails or Interstate 25. is not located within 200 -feet of any existing residence and has
the least number of cultural sites within 75 -feet of the proposed centerline.
Section 21 -3 -340.A.5 --The nature and location or expansion of the facility complies with all applicable
provisions of the master plan of this County, and other applicable regional, metropolitan, state and national
plans.
Section 22-3-40 8.4 P.Policy 2.4. states: "Encourage multi jurisdictional coordination of services and facilities,
unless it will lead to development that is not compatible with other County Goals and Policies."
The proposed powerline will service other municipalities in Northern Colorado and will assist in improving air
quality in the northern Colorado region.
Section 22-4-50 A. AIR. Goal 1 states. 'Maintain National Air Quality Standards and, where practicable, improve air
quality in the County "
The application materials indicate that the project is estimated to decrease Fort Collins' emissions by up to
10%. Air quality is not limited to jurisdictional boundaries and is subject to wind and conditions that can cross
county and other jurisdictional boundaries. Improving air quality in the City of Fort Collins will assist in
improving air quality in the region (including Weld County).
Section 22-5-140 A 3. AE. Policy 1.3. states: "Support the commercial development and use of wind energy."
The proposed transmission line will connect an existing wind farm in Wyoming to the Rawhide Electrical
Generation plant in Larimer County. The proposed connection will triple with wind generation capacity for the
Platte River Power Authority in Northern Colorado (Fort Collins, Loveland, Longmont and Estes Park).
The application indicates that the City of Fort Collins is has goals to reduce carbon emissions below 2005
baseline levels (20% by 2020) and the cities of Loveland, Longmont and Estes Park have established goals
to increase use or renewable energy sources.
Section 21-3-340.A.6 --The nature and location or expansion of the facility does not unduly or unreasonably
impact existing community services.
The proposed transmission line will cross approximately 3.9 miles into Weld County in a remote area and will
follow existing pipeline and rail easements and rights of way. No demand for permanent sewer and water
services will be needed. Construction of roads associated with the project will be minimal and will be used
minimally after the transmission line is constructed. No referral response has been received from the Nunn
Fire Protection District or the Weld County Office of Emergency Management regarding this request.
U S R 19-0009
ROUNDHOUSE RENEWABLES. LLC
PAGE 3
Section 21-3-340.A. 7 --The nature and location or expansion of the facility will not create an expansion of the
demand for government services beyond the reasonable capacity of the community or region to provide such
services. as determined by the Board of County Commissioners.
The proposed facility will not result in an increase in services such as water or sewer/septic. A road
maintenance agreement is a condition of approval for this case to address any temporary impacts to county
roads that are created by the construction of this transmission line.
Section 21-3-340.A. 8-- The facility site or expansion area is not in an area with general meteorological and
climatological conditions which would unreasonably interfere with or obstruct normal operations and
maintenance.
The application indicates that the proposed transmission line will be designed to operate effectively and safely
under the expected meteorological and climatological conditions of this area.
Section 21 -3 -340.A.9 --The nature and location of the facility or expansion will not adversely affect the water
rights of any upstream, downstream or agricultural users, adjacent communities or other water users.
Transmission lines are exempted from the requirement of a drainage report and detention pond design per
Section 23-12-30.F of the Weld County Code. The facility will implement best management practices to
minimize the risks of adverse effects on water resources during construction of the facility.
The application indicates that erosion control measures will be implemented and inspected after each storm
event.
Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs. The substation and
transmission line facilities are unmanned. Bottled water and portable toilets will be provided during
construction.
Section 21-3-340.A.11— The nature and location of the facility or expansion will not unduly interfere with
existing easements, rights -of -way. other utilities, canals, mineral claims or roads.
The application states that they do not anticipate that the proposed transmission line will interfere with an
existing easements, rights -of -way and other utilities, canals or mineral interests. Electrical utilities of record.
oil and gas pipelines in the area were sent a referral and no responses have been received.
Section 21 -3 -340.A.12 --Adequate electric. gas. telephone, water, sewage and other utilities exist or shall be
developed to service the site. This is an unmanned facility.
Section 21 -3 -340.A.13 -The nature and location for expansion of the facility will not unduly interfere with any
significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or
historic landmark within the impact area.
The proposed transmission line will span wetland areas and avoidance measures will be implemented during
construction to avoid sensitive wildlife impacts (such as raptors and migratory bird nests). The application
states that there are no designated critical wildlife habitats in the siting area. The application indicates that the
applicant will conduct surveys for migratory birds and nests. If nests are found. appropriate timing limitations
or distance buffers will be enacted according to Colorado Parks and Wildlife and United States Fish and
Wildlife recommendation.
No referral response has been received from Colorado Parks and Wildlife and History Colorado regarding this
application.
Section 21-3-340. A.14 — The nature and location or expansion of the facility, including expected growth and
USR19-0009
ROUNDHOUSE RENEWABLES, LLC
PAGE 4
development related to the operation and provision of service, will not significantly deteriorate water or air
quality in the impact area.
The applicant will implement best management practices to address and minimize ground disturbance.
erosion, soil compaction and sedimentation during construction of the transmission line. The application
indicates that any soil stockpiles left for more than one (1) week during construction of the facility will be
covered with mulch, tackifier and/or cover crops to prevent runoff and erosion. The facility has been sited to
avoid disturbance of wetland/water body features.
Section 21-3-340.A.15 — The geological and topographic features of the site are adequate for all
construction. clearing, grading, drainage, vegetation and other needs of the facility construction or
expansion.
The transmission line has been sited to avoid geologic hazards and steep slopes. The transmission
structures will be designed to accommodate the geotechnical and soil conditions in the area.
Section 21-3-340.A.16 — The existing water quality of affected state waters will not be degraded below state
and federal standards or established baseline levels.
The application indicates that no direct storm water discharges will result from the project, no disturbance
will result to existing streams, lakes or reservoirs. Measures such as erosion control measures will be
incorporated during construction to avoid/control discharges and avoid impacts on water quality. The
disturbed areas will be seeded, and the applicant will re -seed as need to control and prevent uncontrolled
runoff.
Section 21-3-340.A.17 — The proposed project will not have a significantly adverse net effect on the
capacities or functioning of streams. lakes and reservoirs in the impact area, nor on the permeability.
volume, recharge capability and depth of aquifers in the impact area.
The proposed transmission line will not result in any direct discharge and disturbance to any streams, lakes
or reservoirs.
Section 21-3-340.A.18 - The benefits of the proposed developments outweigh the losses of any natural
resources or reduction of productivity of agricultural lands as a result of the proposed development.
No existing cropland will be crossed/disturbed by the proposed transmission line. The applicant indicates
that there may be some temporary displacement of livestock grazing. The applicant indicates that they will
work with affected landowners to minimize these disruptions.
Section 21-3-340.A.19 - The applicant has obtained or will obtain all property rights, permits and approvals
necessary for the proposed project, including surface, mineral and water rights and easements for
drainage. disposal, utilities, access, etc. If the applicant has not obtained all necessary property rights,
permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the
acquisition of such rights prior to issuance of a zoning or building permit by the County.
The application indicates that the applicant is in the process of acquiring the necessary easements for the
project from the three property owners. Evidence that these easements have been obtained is a condition
of approval of this application.
Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will not present an unreasonable risk of
exposure to or release of toxic or hazardous substances within the impact area. The determination of
effects of the project shall include the following considerations
The means by which outdoor storage facilities for fuel raw materials. equipment and related items are
adequately enclosed by a fence or wall.
USR19-0009
R 19-0009
ROUNDHOUSE RENEWABLES. LLC
PAGE 5
The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces.
Containment of inflammable or explosive liquids, solids or gases.
This criterion is not applicable as this is a linear facility.
Section 21-3-340.A.21 — The scope and nature of the proposed project will not unnecessarily duplicate
existing services within the County.
The proposed transmission line will not duplicate existing services within the county.
Section 21-3-340.A.22 — If the purpose and need for the proposed project are to meet the needs of an
increasing population within the County, the area and community development plans and population trends
demonstrate clearly a need for such development.
The proposed project is not to meet the needs of an increasing population in the County. However, the
proposed transmission line is proposed to address the need for electrical power in adjacent communities in
Northern Colorado (Fort Collins. Loveland, Longmont and Estes Park).
This recommendation for a 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 recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to. dust control and damage repair to specified haul routes. (Department of Public
Works)
B. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in their electronic referral received February 5. 2019. Written evidence of
such shall be provided to the Department of Planning Services. (Colorado Department of
Transportation)
C. A copy of the signed and recorded (construction and post -construction) easement agreements
(or other acceptable authorization from property owners) shall be submitted to the Department
of Planning Services. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0009. (Department of Planning Services)
2. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the permanent 150 -foot transmission line easement with
dimension of permanent right-of-way, property ownership. parcel number, all
easements of record, and all physical encumbrances. (Department of Planning
Services)
5. County Roads 3, 15. 134. 136. & 138 Section Lines are shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS right-of-way map. The
applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be
USR19-0009
ROUNDHOUSE RENEWABLES, LLC
PAGE 6
measured from the edge of right-of-way. Show and label the section line Right -of -Way
as "CR 3, 15, 134, 136. or 138 Section Line Right -Of -Way. not County maintained."
(Department of Public Works)
6. If applicable, show the approved Colorado Department of Transportation (CDOT)
access(es) on the site plan and label with the approved access permit number.
(Colorado Department of Transportation)
2. Prior to construction:
A. The applicant shall submit evidence of a right-of-way permit for any work that may be required
in the right-of-way and/or a special transport permit for any oversized or overweight vehicles
that may access the construction sites. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
3. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
4. The applicant shall submit one (1) paper copy or one (1) electronic (.pdf) copy of the map for preliminary
approval to the Weld County Department of Planning Services. (Department of Planning Services)
5. Upon completion of Conditions of Approval numbers 1. and 2., above 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 Department of Planning Services'
Staff. The map shall be prepared in accordance with the requirements of Section 23-2-390 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)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1. 2005, should the map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners Resolution was signed a $50.00 recording continuance charge may be added for each
additional 3 -month period.
7 The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsa.co.weld.co.us. (Department of Planning Services)
8. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
USR19-0009
ROUNDHOUSE RENEWABLES. LLC
PAGE 7
Motion seconded by Bruce Johnson.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wal, 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 April 2. 2019.
Dated the 2nd of April, 2019
•'j12cGhcCBc of Write -
Michelle Wall
Secretary
USR19-0009
ROUNDHOUSE RENEWABLES. LLC
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roundhouse Renewables, LLC
USR19-0009
1 A Site Specific Development Plan and Special Review Permit for a 1041 Major Facility of a Public
Utility -- a new above ground single -circuit 230 kV Transmission line that will extend through 3.9 miles
in Weld County in the A (Agricultural) Zone District. (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)
3. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 1591 of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
4. The property owner or operator shall be responsible for controlling noxious weeds on the site.
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
5. During construction. there shall be no parking or staging of vehicles on public roads. (Department of
Public Works)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. 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. (Department of Public Works)
8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
9. During construction, 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 and groundwater contamination. (Department of Public Health and
Environment)
10. During construction. 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)
11. During construction, 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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the transmission line and until ground cover is established. Uses on the substation
property shall comply with the Colorado Air Quality Commission's air quality regulations. (Department
of Public Health and Environment)
13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment. as applicable. (Department of Public Health and Environment)
USR 19-0009
ROUNDHOUSE RENEWABLES. LLC
PAGE 9
14. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers. (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee Program. (Department of Planning Services)
17. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
20. 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. (Department of
Planning Services)
21. 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. (Department of Planning Services)
22. 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. (Department of Planning
Services)
23. 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.
24. WELD COUNTY'S RIGHT TO FARM: 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
USR19-0009
ROUNDHOUSE RENEWABLES, LLC
PAGE 10
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.
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 state
and 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.
Pc Mtvn*-S
°I4/0217-019
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday.. April 2, 2019
EXHIBIT
3
1452.IQ Q - OOCP
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford. Richard
Beck, Elijah Hatch, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Angela Snyder. Department of Planning Services; Lauren
Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0009
ROUNDHOUSE RENEWABLES. LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A NEW ABOVE
GROUND SINGLE -CIRCUIT 230 KV TRANSMISSION LINE THAT WILL
EXTEND THROUGH 3.9 MILES IN WELD COUNTY) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
THE TRANSMISSION LINE CROSSES SECTIONS 19, 20,29, 30, AND 31, T12N,
R67W AND SECTION 6, T11 N, R67W; ALL LOCATED IN THE 6TH P.M., WELD
COUNTY, COLORADO.
TRANSMISSION LINE RUNS FROM THE LARIMER/WELD COUNTY LINE
JUST TO THE SOUTH OF THE COLORADO/WYOMING STATE LINE AND
RUNS IN A SOUTHEAST DIRECTION TO A DISTANCE OF APPROXIMATELY
1/2 MILE TO THE WEST OF INTERSTATE 25. THE TRANSMISSION LINE
THEN TURNS AND RUNS IN A SOUTHWEST DIRECTION TO THE
LARIMER/WELD COUNTY LINE APPROXIMATELY 2.75 MILES NORTH OF
COUNTY ROAD 128.
Chris Gathman, Planning Services, presented Case USR19-0009, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Chair Wailes asked if the preferred route runs parallel to the railroad. Staff answered that it runs parallel to
the railroad when it turns to the southwest.
Commissioner Holland asked staff if the transmission line had any requirements or licensing with FERK.
Staff replied that this is a transmission line and he is not sure if FERK would have any jurisdiction. FERK
was not mentioned in the application.
Commissioner Johnson asked if all the property owners have been contacted and if they are in agreement
with the transmission line. Staff replied that the property crosses 3 land owners' properties, Duck Creek
Grazing. the State Land Board and the City of Fort Collins. A letter of support was received from Duck
Creek Grazing and a staff report was submitted from the City of Fort Collins.
Evan Pinkham. Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Chair Wailes asked staff if the 25 acres that cannot be disturbed were continuous acres or accumulative.
Staff replied they would assume continuous.
1
Mr. Gathman wished to clarify that this powerline is a 1041 USR because the powerline starts at a
substation in Wyoming and ends in a power station in Larimer County.
Jeremy Call with Logan Simpson. consultant for the Roundhouse Renewable Energy project. 619 St
Michaels Drive, Fort Collins, Colorado. Mr. Call mentioned that in the application, the applicant proposed
galvanized steel monopoles but it has been recommended that the applicant use pre -rusted steel to
construct the transmission line. The applicant would like to request that the line be sited within a 300 —
500 -foot permitting corridor allowing flexibility to microsite around buried utilities and other natural
environmental constraints. Mr. Call said this is their 7m public hearing on the project. It has been approved
by the City of Fort Collins Council who granted a 2.4 -mile easement, Laramie County in Wyoming approved
land use permit and wind energy site plan, Larimer County approved a 1041 permit application for the
transmission line and substation, and an easement been approved through lease agreement with Duck
Creek Grazing Association. The State Land Board is still in the review process.
Commissioner Johnson asked the applicant for explanation on why the powerline is drawn on the map on
two sides of a right triangle instead of going straight across. Mr. Call replied that the powerline comes
diagonally down from Wyoming and takes a right angle along the railroad. He explained one of the criteria
that helped them identify the preferred route was the length following the existing infrastructure to minimize
disturbance and impact to green fields or areas that didn't have roads. Coming down from Wyoming is a
series of 9 pipelines that follow the original corridor into Weld County. The pipeline turns south at railroad
to minimize natural resources
Chair Wailes asked if the powerline terminates at Rawhide because Rawhide is then connected into the
larger grid. Mr. Call said Platte River Power Authority is the purchaser of the power and they provide power
for Longmont. Loveland, Fort Collins and Estes Park. Platte River Power Authority has entered into a power
purchase agreement with Roundhouse. Roundhouse has the wind farm that is permitted in the Duck Creek
Grazing Association in Wyoming and then the energy is transmitted into Rawhide's substation.
Commissioner Johnson asked the applicant if Colorado had any wind where they could put their wind sites.
Mr. Call said that the best wind in Colorado is along 287 and in Rocky Mountain National Park, close to the
continental divide. Mr. Call explained for some reason, there is a wind shadow through much of Larimer
County on the eastern half.
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 USR19-0009 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 Gene Stille, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland. Tom Cope.
Meeting adjourned at 5:57 pm.
Respectfully submitted,
•41(leala cf Wen -
Michelle Wall
Secretary
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
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