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Home My WebLink About20191868.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION b a 9 51g I9 -co 4 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, 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: REQUEST LEGAL DESCRIPTION. LOCATION USR 19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT. LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A WIND ENERGY FACILITY FOR UP TO 380 MEGAWATTS (MW). ALONG WITH 1 (ONE) 230 - KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY 11 MILES IN LENGTH AND ONE (1) 115 KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY 15 MILES IN LENGTH, TWO (2) ELECTRICAL SUBSTATIONS, TWO (2) TEMPORARY LAYDOWN YARDS AND TWO (2) CONCRETE BATCH PLANTS ALONG WITH UP TO SEVEN (7) TEMPORARY CONSTRUCTION TRAILERS TO BE UTILIZED DURING CONSTRUCTION OF THE FACILITIES, AND SIX (6) METEOROLOGICAL TOWERS IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PROPOSED FACILITY IS LOCATED IN SECTIONS 6, 7, AND 8, T10N, R58W; SECTION 1. T10N. R59W: SECTIONS 2 AND 3, T1 ON. R60W; SECTIONS 1. 3. 4. 5, 6. 7, 9, 10, 19, 30 AND 31, T11N, R58W; SECTIONS 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19. 20, 22, 23. 24, 25, 29, AND 36, T11N, R59W; SECTIONS 13. 14, 23. 24, 25. 26, AND 35. T11N. R60W: SECTIONS 19, 20, 21. 25. 26. 27. 29. 32. AND 36, T12N, R58W; SECTIONS 19, 20, 21, 22, 24, 26, 27, 28, 29, 30, 31, 32, 34, AND 36. T12N, R59W: AND SECTIONS 22. 23. 24. 25. 26. AND 27. T12N. R60W OF THE 6TH P.M., WELD COUNTY, COLORADO. THE WIND ENERGY FACILITY AND TRANSMISSION LINES (AND ASSOCIATED FACILITIES) ARE LOCATED ON 43,570 ACRES IMMEDIATELY SOUTH OF AND ADJACENT TO THE WYOMING/NEBRASKA STATE LINE; EAST OF CR 99: NORTH OF CR 118, WEST OF CR 135. 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 wind energy and transmission facility is in a rural area near similar wind facilities approved under USR-1562. USR-1562 and USR-1723. The Weld County Sheriffs Office indicated no concerns in their referral dated 2/14/2019. No referral response has been received from the Pawnee Fire Protection District. New Raymer Stoneham Fire Protection District, the Weld County Sheriffs Office or the Weld County Office of Emergency Management. Only approximately 5 -percent of the site within the boundaries of the 43,000 -acre USR will be developed with wind turbines and transmission structure. Farming and grazing activities can continue up to the base of the wind turbine facilities. The proposed facility design will incorporate setback standards from existing military silos. parcel boundaries and residential homes to avoid impacts to residences and existing Department of Defense operations. Section 21 -3 -340.A.2 -The natural and socio-economic environment of the County will be protected and enhanced. The applicant conducted a preliminary inventory of wildlife habitat, cultural resources prior to submittal of USR19-0014, page 1 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 2 the application and these documents are 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). 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 represents a fair and reasonable utilization of resources in the impact area. The applicant analyzed three (3) potential routes for the Mountain Breeze Wind Energy Transmission Line and analyzed two (2) potential routes for the Panorama Wind Energy Transmission Line. According to the application, the preferred alternative for Mountain Breeze and Panorama were selected based on interconnection considerations. land acquisition considerations, avoidance of environmental resources and avoidance of other facilities (existing military and utility facilities). Section 21 -3 -340.A.4 --A satisfactory program to mitigate and minimize adverse impacts has been presented. The applicant analyzed three (3) potential routes for the Mountain Breeze Wind Energy Transmission line and analyzed two (2) potential routes for the Panorama Wind Energy Transmission line. The application also indicates transmission facility routes were determined based on shortest length between the project and the existing substation(s). buffers surrounding the existing Cedar Creek I and II wind turbines. buffers surrounding existing buildings and residences, buffers surrounding military infrastructure and coordination with Colorado Parks and Wildlife to avail sensitive wildlife species. Regarding the siting of wind turbines. the application indicates approximately seven (7) alternative locations (depending on the turbine model selected) were reviewed. Changes to wind turbine layout could be caused by geotechnical conditions, environmental conditions. wildlife habitat, landowner requirements and other reasons. The applicant has conducted research of cultural records, threatened and endangered species research, wetland data, floodplain data and other data sources. Also input from Colorado Parks and Wildlife, US Fish and Wildlife, Army Corps of Engineers, Fire Districts, U.S Air Force, US Forest Service and other agencies and organizations were incorporated into the siting of the wind turbines. 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 22-5-140 AE. Goal 1. Support and encourage research, development and use of alternative energy resources. Wind energy is considered an alternative energy resource. Section 22-5-140 A 3. AE. Policy 1.3. states: "Support the commercial development and use of wind energy." The applicant is proposing a commercial wind energy facility that will generate up to 370 MW of electricity. 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 project will employ over one -hundred twenty employees during construction of the facility. Approximately (45-60) full-time positions between this proposed facility and the Cedar Creek I facility will be employed through the operating life of the project. An improvements and road maintenance agreement is required as a condition of approval to address impacts to county roads during construction of the facility. Section 21-3-340.A. 7 --The nature and location or expansion of the facility will not create an expansion of the USR19-0014, page 2 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 3 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 lines and wind turbines. The transmission lines and turbines are to be in a rural area and will not be near existing residences or county roads. The application indicates that a remote fire department facility with an upgraded water system was built Cedar Creek I. The application also indicates that safety equipment will be on hand and turbine coordinates will be available in the event a helicopter needs to land on site. No referral comments have been received from either the Pawnee or New Raymer Stoneham Fire Districts. 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 proposed transmission lines and wind turbines will be designed to withstand the meteorological and climatological conditions in the 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. The applicant has indicated that based on their research no known waters of the U.S. are mapped in areas to be impacted by the proposed facilities. A preliminary drainage report was submitted with the application and a finalized drainage report and certificate of compliance is required prior to recording the USR map. A Storm Water Management Plan (SWMP) plan will be implemented by the applicant to address erosion and sedimentation and to minimize impacts to surface waters. Section 21 -3 -340.A.10 --Adequate water supplies are available for facility needs. The permanent facility is proposed to be served by an existing commercial well and septic system located in the existing operations and maintenance building that also is utilized by the Cedar Creek I facility. A condition of approval is attached requiring the applicant to demonstrate that the existing well has the capacity to serve this USR or provide evidence of an alternative or supplemental water supply. Portable toilets will be utilized during construction of the facility. 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. At the time of application submittal, the applicant obtained leases from 100% of the property owners for both the Mountain Breeze and Panorama wind facilities. At the same time, leases have been obtained for 95% of Mountain Breeze and Panorama transmission line routes. Utilities. oil and gas companies in the area and mineral interests have been notified. No responses have been received regarding this request. Section 21 -3 -340.A.12 --Adequate electric, gas, telephone, water, sewage and other utilities exist or shall be developed to service the site. USR19-0014, page 3 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 4 This facility is proposed to be served by an existing operations and maintenance building originally approved under USR-1563. 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 applicant has had extensive discussions and contact with representatives with the United States Fish and Wildlife Service (USFWS) and Colorado Parks and Wildlife (CPW) since contacting these agencies via letter in May 2017. The applicant is proposing measures to mitigate potential impacts to wildlife, including: • • • A presence/absence survey will be conducted for Mountain Plovers prior to construction. If construction occurs during nesting season, additional raptor nest surveys will be conducted prior to construction to confirm locations and species nesting in the area. Construction timing constraints near active nests will be implemented whenever feasible to avoid disturbance to nesting raptors. The applicant indicates that they will coordinate with the USFWS if it is determined if construction activities could impact the productivity of a golden eagle nest. The applicant has agreed to a conservation easement for the life of the project in the core lekking area for the Plains Sharp -Tailed Grouse (PSTG) This will comprise approximately 600 acres). Colorado Parks and Wildlife, in their referral dated 3/15/2019, had a number of comments and concerns, and recommended a number of measures including but limited to steps to limit impacts on PSTG, consulting with USFWS to ensure compliance with the Migratory Bird Treaty Act and Bald and Golden Eagle Act and avoiding sediment from Sidney Draw or its crossed tributaries through adherence to the approved SWMP plan, monitor revegetation for at least 3 years and the implementation of a noxious weed management plan. The applicant prepared and submitted a Cultural Resources Desktop survey with the USR application. The application indicates that the applicant will prepare a Class III cultural resources survey prior to construction. No referral response has been received from History Colorado regarding this application. Section 21-3-340.A.14 — The nature and location or expansion of the facility, including expected growth and development related to the operation and provision of service, will not significantly deteriorate water or air quality in the impact area. The application indicates that the applicant will submit a Dust Control Plan to the Weld County Department of Public Health and Environment for review. The transmission structures will be designed to accommodate the geotechnical and soil conditions in the area. Air Pollution Emission Notice permits will be obtained for the concrete batch plant and land development activities will be provided prior to construction. The applicant will submit a SWMP permit to prevent and/or minimize erosion and drainage discharges from the construction site. These mitigations will include the use of stormwater retention ponds, sedimentation control measures and covering of exposed soils. 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 application indicates that the wind turbines and project facilities will predominately be located on the relatively flat highland areas. Steep slopes and escarpments will be avoided to the extent practicable. A geotechnical analysis of the construction area will be completed prior to obtaining building permits. USR19.0014, page 4 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 5 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 the turbines will be located outside of existing stream channels, drainage and ditches. The transmission lines will span all stream channels. Erosion and sediment control measures will be implemented through the SWMP permit to minimize water quality impacts during construction of the facility. The applicant also indicates that they will be preparing an SPCC plan and Hazardous Materials Management Plan. 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. No existing streams, ditches or drainages will be impacted by the proposed transmission line and wind facility. If any stream crossings are required of roads to access the site, appropriately sized culverts will be installed and proper permits shall be maintained. The applicant is proposing to utilize the existing well for the operations and maintenance building or an alternatively permitted water source. Water for construction activities is proposed to be purchased from a to be determined off -site source. 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. The facility will have minimal impact on agricultural land within the site. The application indicates that less than 5% of the overall project (USR) site will be disturbed. Only land around the wind turbines and wind structures (along with the substations and additional access roads if required) will be removed from production. 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 has acquired leases from 100% of the landowners within the wind facility boundaries and that 95% of the crossing easements have been obtained for the Mountain Breeze and Panorama Transmission lines have been obtained. 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. The likelihood of hazardous materials or wastes being moved off the site by natural causes or forces. Containment of flammable or explosive liquids, solids or gases The application indicates that the only hazardous materials associated with the facility are diesel fuel, gasoline coolant (ethylene glycol) and lubrication for machinery parts. The application indicates that construction and operations & maintenance activities will comply with all local, state and federal laws. USR19-0014, page 5 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 6 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. The application indicates that the project is proposed to help supply the demand in the region for additional renewable energy resources. The demand for electricity continues to increase due to continued growth and development on the front range. 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. Significant growth and development is continuing along the front range. A portion of this growth is occurring in Weld County. Public Service of Colorado's Colorado Electric Resource Plan is designed to acquire approximately 615 -MW of additional generation capacity resources expected to be needed through 2023. Approximately 565 -MW of demand is still needed to fill. Additionally, other utilities in the region such as Tri- State Generation and Transmission Inc. and the Platte River Power Authority contribute to demand. This project will assist in fulfilling these energy demands. 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. Due to the large geographic size of the permitted area, the applicant may submit to the Department of Planning Services multiple maps for recording. The applicant shall submit a vicinity map showing the full boundaries of the permitted areas with the first detail map. No building permit or other work may commence without an approved map covering the affected parcel. 2. Prior to recording the first map: A. An Improvements and Road Maintenance Agreement is required for on -site and off -site improvements. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements. submission of collateral, and testing and approval of completed improvements. (Department of Public Works) A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by accesses. The accesses shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The applicant shall address the comments/requirements of the Colorado Division of Water Resources as stated in their referral dated 3/7/2019. Written evidence of such shall be provided to the Department of Planning Services. (Division of Water Resources) E. The applicant shall provide graphic and written documentation addressing the location and identification of all public rights -of -way. existing and proposed structures, utility easements, etcetera, per Section 21-3-330.B.4 of the Weld County Code. This document shall be prepared for recording in the Clerk and Recorders Office. (Department of Planning Services) USR19-0014, page 6 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 7 F. The applicant shall submit written evidence to the Department of Planning Services that the Federal Aviation Administration (FAA) requirements have been met for the facility. (FAA) G. The applicant shall provide written evidence to the Department of Planning Services from the applicable Fire Protection Districts (Pawnee and Raymer) that there is adequate access for emergency equipment and the width, usually twenty (20) feet, is adequate and designed for appropriate weight capacity. H. The applicant shall provide written evidence to the Department of Planning Services from the applicable Fire Protection Districts (Pawnee and Raymer) that there is a coordinated plan in place for emergency responders during construction of the facilities and a plan for post construction activities. The applicant shall submit plot plans to the applicable fire protection districts. for review and comment. A subdivision exemption application shall be approved and a subdivision exemption plat shall be submitted for recording to the Department of Planning Services for the Mountain Breeze substation site. J. A subdivision exemption application shall be approved and a subdivision exemption plat shall be submitted for recording to the Department of Planning Services for the Panorama substation site. K. A copy of the signed and recorded (construction and post -construction) lease agreements (or other acceptable authorization from property owner) for transmission line right-of-way (easements) shall be submitted to the Department of Planning Services. L. The maps shall be amended to delineate the following, as applicable: 1. All sheets of the map shall be labeled USR19-0014. (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 180 -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. The applicant shall delineate and label the physical location of all project impacted public roads and dimension and label the associated existing and future rights -of -way for each. The documents creating the existing rights -of -way shall be referenced with Reception numbers. All setbacks shall be measured from the future right-of-way line. (Department of Public Works) 6. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 7 The Colorado Department of Transportation (CDOT) has jurisdiction over all State highways. The applicant shall contact Tim Bilobran at the Greeley office (970-350- 2163) to verify if any improvements will be required at the intersections of State USR19-0014, page 7 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT LLC PAGE 8 Highway 71 and County Roads 132 or 120 to accommodate traffic from the project. Written evidence of CDOT approval shall be provided. (Department of Public Works) 8 Show and label the approved tracking control on the site plan. (Department of Public Works) 9 Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event. shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 10. Show and label all minimum 30 -foot wide accesses and utility easements to provide legal access to the project on the site plan. (Department of Public Works) Show and label the accepted drainage features. Stormwater ponds should be labeled as Stormwater Detention. No -Build or Storage Area- and shall include the calculated volume. (Department of Public Works) 12. Show and label the drainage flow arrows. (Department of Public Works) 3. Prior to construction: 1 The applicant shall obtain all approved access permits. (Department of Public Works) 2. The applicant shall construct the approved temporary tracking control. (Department of Public Works) 3. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 4. The applicant shall obtain overweight and/or overwidth special transport permits from the Department of Public Works for all applicable trucks. (Department of Public Works) 5. The applicant shall obtain right-of-way permits before installation and/or construction of any aboveground or buried features in or crossing Weld County road rights -of -way. (Department of Public Works) 6. The applicant shall provide three (3) County spec surface gravel stockpile locations and stock each with 1.000 cubic yards of gravel. which may be used for road repairs. in accordance with Weld County and Department of Defense. (Department of Public Works) 7 The applicant shall make improvements to turning radii at designated intersections. improvements to existing cattle guards and installation of warning signs at designated locations identified in the Improvements Agreement. (Department of Public Works) 8. The applicant shall submit a traffic control plan for County review. (Department of Public Works) USR19-0014, page 8 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 9 4. Prior to Operation: 1. 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) 5. 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) 6. 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) 7. 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. 8. 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 mapsaco.weld.co.us. (Department of Planning Services) 9. 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) Motion seconded by Michael Wailes. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Skip Holland Against Passage Absent USR19-0014, page 9 Leeward Renewable Energy Development, LLC Elijah Hatch RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 10 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 Wall. 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 May 7, 2019. Dated the 7th of May, 2019 tab cf Writ - Michelle Wall Secretary USR19-0014, page 10 Leeward Renewable Energy Development, LLC RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT. LLC PAGE 11 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Leeward Renewable Energy Development, LLC USR19-0014 1 A Site Specific Development Plan and Special Review Permit for a 1041 Major Facility of a Public Utility -- A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility (A Wind Energy Facility for up to 370 megawatts (MW). along with 1 (one) 230 - kilovolt (kV) transmission line approximately 11 miles in length and one (1) 115 kilovolt (kV) transmission line approximately 15 miles in length, two (2) electrical substations, six (6) meteorological towers, two (2) temporary laydown yards and two (2) temporary concrete batch plants along with up to seven (7) temporary construction trailers to be utilized during construction of the facilities) 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 15th 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. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (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 Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 9. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and possible updates. (Department of Public Works) 10. Some accesses will be along unmaintained County rights -of -way and maintenance of the rights -of - way will not be the responsibility of Weld County. (Department of Public Works) 11. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works) 12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 13. During construction, signage on County Roads shall be posted in accordance with the accepted traffic control plan and the then current version of the "Manual of Uniform Traffic Control Devices" issued by the Federal Highway Administration. (Department of Public Works) RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC PAGE 12 14. The applicant shall take reasonable steps to prevent heavy truck and equipment traffic associated with the Project from using any County Roads other than those identified in the Improvements Agreement. (Department of Public Works) 15. 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) 16. 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) 17. 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) 18. 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) 19. 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) 20. 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) 21. Sewage disposal for the office shall be by septic system. As the applicant intends to utilize the septic system permitted as SP -0700082, which is located at the existing Cedar Creek operations and maintenance building, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 15 people. If the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On - site Wastewater Treatment Systems. (Department of Public Health and Environment) 22. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 23. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as set forth in Section 25-12-103, C.R.S. except the noise level shall adhere to the Residential Zone as set forth in Section 25-12-103, C.R.S. for occupied residences as determined in the Sound Study dated 12/28/2018 by Burns & McDonnell Engineering Company, Inc. (Department of Public Health and Environment) 24. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission. and the Environmental Protection Agency. (Department of Public Health and Environment) 25. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT. LLC PAGE 13 26. 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) 27. In areas where sensitive historic, paleontological. or archeological resources are known to occur, the applicant shall coordinate with the State Historic Preservation Office to conduct on -site pre - construction surveys, or monitor during construction activities, to minimize and/or avoid impacts to cultural resources. 28. 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) 29. 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) 30. 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) 31. 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) 32. 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) 33. 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) 34. 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) 35. 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. 36. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which RESOLUTION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT. LLC PAGE 14 attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. 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. �C Minkt -s 6I -t I zoR SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 7, 2019 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, Skip Holland. Absent: Elijah Hatch. Also Present: Chris Gathman, Diana Aungst, and Angela Snyder, Department of Planning Services; Lauren Light. Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public Works: Karin McDougal. County Attorney, and Michelle Wall, Secretary. Motion: Approve the April 16, 2019 Weld County Planning Commission minutes. Moved by Gene Stille, Seconded by Tom Cope. Motion passed unanimously. CASE NUMBER APPLICANT. PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION USR19-0014 LEEWARD RENEWABLE ENERGY DEVELOPMENT. LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (A WIND ENERGY FACILITY FOR UP TO 380 MEGAWATTS (MW). ALONG WITH 1 (ONE) 230 -KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY 11 MILES IN LENGTH AND ONE (1) 115 KILOVOLT (KV) TRANSMISSION LINE APPROXIMATELY 15 MILES IN LENGTH. TWO (2) ELECTRICAL SUBSTATIONS, TWO (2) TEMPORARY LAYDOWN YARDS AND TWO (2) CONCRETE BATCH PLANTS ALONG WITH UP TO SEVEN (7) TEMPORARY CONSTRUCTION TRAILERS TO BE UTILIZED DURING CONSTRUCTION OF THE FACILITIES, AND SIX (6) METEOROLOGICAL TOWERS IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PROPOSED FACILITY IS LOCATED IN SECTIONS 6, 7, AND 8, T10N, R58W: SECTION 1. T10N R59W: SECTIONS 2 AND 3, T10N, R60W, SECTIONS 1. 3, 4, 5. 6. 7. 9, 10. 19, 30 AND 31, T11N, R58W: SECTIONS 1. 2, 3. 4, 5. 7. 8. 9. 10, 11, 12, 15, 17, 18. 19. 20, 22, 23, 24. 25. 29, AND 36, T11N, R59W; SECTIONS 13. 14, 23, 24. 25. 26, AND 35, T11N. R60W: SECTIONS 19. 20, 21, 25. 26. 27, 29, 32. AND 36. T12N. R58W: SECTIONS 19, 20, 21. 22. 24. 26. 27, 28, 29, 30, 31, 32, 34, AND 36, T12N, R59W; AND SECTIONS 22, 23, 24. 25, 26, AND 27. T12N. R60W OF THE 6TH P.M., WELD COUNTY. COLORADO. THE WIND ENERGY FACILITY AND TRANSMISSION LINES (AND ASSOCIATED FACILITIES) ARE LOCATED ON 43,570 ACRES IMMEDIATELY SOUTH OF AND ADJACENT TO THE WYOMING/NEBRASKA STATE LINE. EAST OF CR 99: NORTH OF CR 118; WEST OF CR 135 Chris Gathman, Planning Services. presented Case USR19-0014, reading the recommendation and comments into the record. Staff received one letter of opposition because the mineral owner is concerned it could impact the ability to develop its subsurface mineral interests. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mr. Gathman indicated that the application materials indicate that agreements have been reached with 100% of the property owners for Panorama and Mountain Breeze wind energy sites. Also, the application indicated that agreements have been reached with 95% of the property owners for the proposed transmission line routes. Mike McRoberts, 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. Ms. Light recommended amending Development Standard 18 by removing "of the transmission line" and "substation". Mr. Gathman said that he and Mr. Choate met with the applicants to discuss the project. Staff is requesting some additional language be added to the resolution to address recording of plat maps along with the phasing of the project. John Wycherley. Leeward Renewable Energy Development LLC, 6688 North Central Expressway #500, Dallas, Texas. said the project is in Northern Weld County and is approximately 43.570 acres. The project is broken into two different names; Mountain Breeze Wind is on the west and Panorama Wind is on the east. Mountain Breeze Wind is 170-190MW, sited on 23,000 acres. The interconnection transmission line is 11 miles long and will tie into the Junction substation (associated with the Cedar Creek I facility under USR- 1563) before feeding into the transmission line (approved under USR-1562) that connects to the Keenesburg substation approximately 70 miles to the south. Leeward would like to commence construction in August of 2019 and begin operating September — December 2020. Panorama Wind is 150-180MW. sited on 20,000 acres. The interconnection transmission line is 15 miles long and will tie into the Tri State Substation approved under USR13-0054. Both Mountain Breeze and Panorama are subsidiaries of Leeward Renewable Energy. Leeward has been working on getting all the federal. state and county permits that required. Commissioner Beck asked Mr. Wycherley if the conflict with the mineral owner is that they are concerned Leeward may put a wind turbine where they may want to drill an oil well. Mr. Wycherley said that is correct. Commissioner Johnson asked the applicant what energy company they have contracted with to supply power. Mr. Wycherley said with the Mountain Breeze project, they have contracted with Xcel Energy. He indicated that they have a power purchase agreement for Mountain Breeze. Mr. Wycherley said the Panorama project will contract with Tri-State or other utilities in the area. The specifics of the tie-in to the Junction substation for Mountain Breeze facility has been determined. They are still finalizing details regarding the tie in with the existing Redtail facility. Commissioner Stille asked how high the turbine measures and how long the blades measure. Mr. Wycherley said the tower is approximately 500 feet high and the blades are approximately 180 — 190 feet long. Commissioner Johnson asked if there were any environmental issues. Mr. Wycherley answered that there is concern for nesting locations of large raptors and sharp -tailed grouse. They are working with CPW on mitigation. Commissioner Stille asked what the life expectancy of a wind turbine was. Mr. Wycherley said they are engineered to run 25 — 30 years. Commissioner Stille asked the applicant if the turbine is unrepairable will they deconstruct and remove the turbine or leave it up. Mr. Wycherley said they just completed a project in Illinois where they did a complete tear down and replaced all equipment with new technology. Mr. Wycherley said they will deconstruct any towers that need taken down. Commissioner Sparrow asked how much wind it takes to make the blades rotate and what the maximum wind capacity is. Mr. Wycherley said the blades will start turning at 3 meters per second and they will shut off at 25 meters per second. Commissioner Sparrow expressed concern with how fast the tip of the blades are moving and asked how wide and deep the concrete base is. My Wycherley said he would estimate the concrete is 10 feet deep and 60 feet wide. Commissioner Sparrow asked how the size of these towers compares to those that are already in the area. Mr. Wycherley answered that they have two types of towers at their existing Cedar Creek facility: they have 53 GE machines that sit on 80 -meter towers and there are 221 Mitsubishi machines that have an approximate 70 -meter diameter and 65 -meter hub height. Mr. Wycherley said the hub height for the machines that will be at Mountain Breeze will be 80 — 90 meters. Commissioner Wailes asked whether Leeward or Public Service Company owns the transmission lines that are coming from the collection station to the substations Mr. Wycherley answered from the new proposed collection line to the junction switch yard will be owned by Leeward. Commissioner Wailes asked how many towers are proposed for the entire project. Mr. Wycherley said there will be 60 - 68 at the Mountain Breeze location and approximately 50 — 60 at the Panorama site. Commissioner Wailes asked for a description of a meteorological tower and asked if Leeward will allow any co -location for any communication towers such as radio. cellular. etc. Mr. Wycherley answered that a meteorological tower performs power performance testing and the prediction of the wind. He said they have never had telecoms on their met towers because they would not want any interference with wind measurements. The Chair called a recess at 2:49 p.m. and reconvened the hearing at 3:01 p.m. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Polly Jessen (Kaplan. Kirsch, Rockwell, 5060 PR Street, Boulder, Colorado. stated she is representing CoBank FCB regarding to their mineral interests. Ms. Jessen explained that CoBank objects to the project because it may adversely impact CoBank's ability to develop its subsurface mineral interests. She said CoBank is currently working with the applicant to negotiate an agreement. CoBank will object to the application, if an agreement is not met before final approval. Commissioner Beck asked Ms. Jessen to explain what the mineral issue is with CoBank. Ms. Jessen said there are three parcels owned by CoBank that the applicant is showing they want to place turbines. Due to standard well spacing requirements. there will need to be a 500 -foot buffer between well areas to turbine placement. Kevin Hahn. 51795 County Road 124, Grover. Colorado. stated he was part of the original Cedar Creek project that went in. Mr. Hahn said he was an employee of the company who put the turbines up. He then worked for Mitsubishi and helped maintain the turbines. Mr. Hahn said he is currently running the ranch that his dad had. He said Leeward has been great to work with: if there is a problem, Leeward corrects it immediately. Mr. Hahn is in support of the project. He feels it is great opportunity for the area and helps boost the local economy. Commissioner Wailes asked if the project is in the Pawnee School District. Mr. Hahn said it is. Commissioner Stille asked if the turbines affect grazing. Mr. Hahn said that after construction, the grass grows back, and the calves go right up to them and graze. Commissioner Sparrow asked if the company is good to work with. Mr. Hahn said Leeward and Mitsubishi are great to work with and address issues right away. Mr. Wycherley thanked Mr. Hahn for his kind words. He said they will continue to work with Ms. Jessen and CoBank to complete an agreement. Motion: Amend Development Standard 18. as requested by Staff, Moved by Tom Cope, Seconded by Gene Stille. Motion carried unanimously. The Chair asked staff if anyone else needed to change any Conditions of Approval or Development Standards. Mr. McRoberts suggested that they strike Condition of Approval 1.L.13 because it does not pertain to the site. Motion: Remove Condition of Approval 1.L.13, as requested by Staff, Moved by Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously. Mr. Gathman requested that language be added as a new Condition of Approval 1 that reads, "Due to the large geographic size of the permitted area, the applicant may submit to the Department of Planning Services multiple maps for recording. The applicant shall submit a vicinity map showing the full boundaries of the permitted areas with the first detail map. No building permit or other work may commence without an approved map covering the affected parcel." Mr. Gathman requested that the new Condition of Approval 2 be modified to read "Prior to recording the first map." He also requested under Condition of Approval 3, a new number 9 be added that reads `The applicant shall submit for recording a detail map which includes the parcel upon which the facility will be constructed." Motion: Add new Condition of Approval 1 and amend the new Condition of Approval 2, as requested by Staff, Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously. Mr. Gathman stated some new language to be added as a Prior to construction condition. After discussion amongst the Planning Commission. they did not make a motion on adding a new number 9 because they feel the wording needs more clarification. The Planning Commission suggested staff clarify the new language in this condition before the Board of County Commissioners hearing. Ms. McDougal stated there was one other change in Mr. Choate's language in Condition of Approval under L. on Page 8. Mr. Gathman said L should read "The maps shall be amended to delineate the following as applicable:". Motion: Amend Condition of Approval 2.L., as requested by Staff, Moved by Tom Cope, Seconded by Bruce Johnson. Motion carried unanimously. Mr. Gathman indicated that staff will be requesting a condition of approval be added regarding a Decommissioning Plan. Planning Commission directed staff to come up with the language for this condition and present at the Board of County Commissioners Hearing. 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 USR19-0014 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 Bruce Sparrow. Seconded by Michael Wailes Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson. Bruce Sparrow. Gene Stille, Lonnie Ford. Michael Wailes, Richard Beck. Skip Holland, Tom Cope. Commissioner Sparrow stated he agreed with Staff that the applicant has met the requirements under Weld County Code 21-3-340. 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