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HomeMy WebLinkAbout20181450.tiff1 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO 1150 O Street, Greeley, Colorado 80634 TRANSCRIPT OF PUBLIC MEETING IN RE: CONSIDER CONDITION OF APPROVAL #1.C OF USE BY SPECIAL REVIEW PERMIT, USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. (9:52 A.M. TO 10:20 A.M.) The above -entitled matter came for public meeting before the Weld County Board of County Commissioners on Wednesday, February 21, 2018, at 1150 O Street, Greeley, Colorado, before Amanda Petzold, Deputy Clerk to the Board. I HEREBY CERTIFY that upon listening to the audio record, the attached transcript, as prepared by Rebecca J. Collings, DausterjMurphy, www.daustermurphy.com, 303.522.1604, is a complete and accurate account of the above -mentioned public hearing. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ksz4, Esther E. Gesick Clerk to the Board `,oyr► rviAA.1UC U5—d1'l$ 2018-1450 . FL A5O3 2 1 APPEARANCES: 2 ON BEHALF OF THE BOARD OF COMMISSIONERS: 3 COMMISSIONER STEVE MORENO, CHAIR 4 COMMISSIONER BARBARA KIRKMEYER, PRO-TEM 5 COMMISSIONER SEAN P. CONWAY 6 COMMISSIONER JULIE A. COZAD 7 COMMISSIONER MIKE FREEMAN 8 ALSO PRESENT: 9 ACTING CLERK TO THE BOARD, AMANDA PETZOLD 10 COUNTY ATTORNEY, BRUCE BARKER 11 PLANNING SERVICES DEPARTMENT, RIM OGLE 12 APPLICANT REPRESENTATIVE: 13 ANNE BEST -JOHNSON, TETRA TECH 3 1 (Beginning of audio recording.) 2 COMMISSIONER MORENO: We'll move on to 3 Item Number 3 in the Planning, Consider Condition of 4 Approval, Number 1.C of the Use by Special Review 5 Permit, USR17-0043, Cactus Hill Ranch Company, in care 6 of Simon Contractors, Incorporated. Kim. 7 MR. OGLE: Good morning. Kim Ogle with 8 Department of Planning Services. USR17-0043 was approved 9 by the board. And as a Condition of Approval under 10 Number 1.C, the applicant will submit a landscape 11 screening plan or a visual mitigation plan for the 12 facility. 13 They sent out, by electronic mail, a copy 14 of the proposed mitigation plan to the surrounding 15 property owners, and they've received comments back. 16 They have a presentation to provide the Board before the 17 Board taking action. 18 COMMISSIONER MORENO: Questions for Kim? 19 COMMISSIONER CONWAY: I'll wait until the 20 presentation. 21 COMMISSIONER MORENO: Okay. 22 UNKNOWN MALE: Call up Anne. 23 COMMISSIONER MORENO: Okay. We'll bring 24 up the applicant, Anne. State your name and address for 25 the record. 4 1 MS. BEST JOHNSON: Good morning. Anne 2 Best Johnson, Tetra Tech, 1900 South Sunset Street, 3 Suite 1F, Longmont, Colorado 80501. 4 So as Mr. Ogle stated, on February 7th and 5 8th, land owners within a thousand feet --- so along 80 1/2 6 from State Highway 257 to Weld County Road 19 -- were 7 sent an email with a landscape plan provided that was 8 part of the public record on December 27th as well as 9 January 5th. 10 The coiiauunities of Severance and Windsor 11 were also provided with an email. Recipients were 12 invited to provide comment to us so that we could 13 incorporate their comments into any revisions. 14 All recipients received those emails on 15 the 7th except Silicon Ranch, That email went out on 16 the 8th. The email delivery was sent with a return 17 receipt -- with delivery receipt and then with a 18 read -receipt request. 19 Delivery receipt is automatic, and a 20 read -receipt was at the recipient's discretion. 21 Evidence of delivery receipt was provided to the Clerk 22 to the Board, as well as Planning to be incorporated as 23 part of the record. 24 Those who provided a read -receipt -- 25 again, that was at their discretion -- Town of 5 1 Severance, Town of Windsor, Cactus Hill Ranch, Clerk to 2 the Board, and Planning. Comments were received from 3 Town of Windsor, Town of Severance, and K&M Company. 4 Due to the size of the parcels involved 5 and those receiving notice, input was requested beyond 6 just to elicit additional responses. So, we went half a 7 mile to the west, north, east, a mile and a half to the 8 south. 9 The first -- we received, again, three 10 comments. The first will be the species selection. The 11 Town of Windsor suggested that we remove staghorn sumac 12 and request and consider replacement of additional 13 evergreen species, so we did. 14 These are the three junipers that were 15 with the original plan, and they remain with this plan. 16 One, the Austrian pine was with the original plan, and 17 we have masked in two additional pines now, ponderosa 18 and scotch, instead of the staghorn sumac. Three shrubs 19 remain for just some variety of color and texture, and 20 the vine and the grass remain as well. Vine and grass 21 remain. 22 So this is the new planting schedule. 23 You're going to be seeing some graphics that depict a 3D 24 rendition. And the graphics show two views and two 25 different heights of plant material. 6 1 The shoulder heights are going to show 2 what the plant materials could look like after five 3 years. That incorporates the -- we did go -- we bumped 4 up the size. We went up to 8 feet minimum. That's what 5 our landscape architect suggests is going to be a 6 minimum that's going to survive stress and grow faster 7 after transplant. And so the shortest slide that -- 8 picture that you're going to see will be the plant after 9 five years. So that incorporates some growth stress as 10 well. 11 And then the largest size that you're 12 going to see, we divided it between the two mature 13 heights. So, for example, the Austrian pine, it could 14 grow 40 to 60 feet. We did not go to 60; we went to 50. 15 So we split -- split the baby that way. 16 COMMISSIONER MORENO: What's the number of 17 years to reach that height, Anne? Sorry. Go ahead. 18 MS. BEST JOHNSON: That mature height is 19 going to be, you know, 20 -- 20 years to get to mature 20 height, 15, 20 years. I'd say 20 to be fair. 21 Okay. So, this is the view on State 22 Highway 257. This is looking northwest of the 23 intersection of 80 1/2 and 257 looking southeast. And 24 so this is what, in five years, after planting the 25 plants, it could look like. And after maturity, that's 7 1 what the view could look like. 2 COMMISSIONER CONWAY: That's after 3 20 years? 4 MS. BEST JOHNSON: That's after 20 years, 5 after maximum growth, that mid -- mid -range maximum 6 growth. 7 COMMISSIONER CONWAY: Thank you. 8 MS. BEST JOHNSON: This is the view from 9 the east edge of the permit boundary looking west on 10 80 1/2. This is what the site looks like now with the 11 proposed berm height, with the proposed landscaping 12 after five years. And this is what it could look like 13 after 20 years. And then, again, we added landscaping 14 down to the east, and so we have the same -- after five 15 years, after 20 years. 16 Now we're going to address additional 17 comments made by the property owner to the east. 18 K&M Company indicated that the berm in the landscaping 19 was in the power easement, and it is not. 20 Included with your December 27th notebook 21 and included with application materials before the 22 hearings, we have letters from Platte River Power 23 Authority indicating support, and they -- they have no 24 concerns. So it's -- again, we did not (unintelligible) 25 anything or put the berm in the easement at all. B 1 The last comment from the Town of 2 Severance -- 3 COMMISSIONER CONWAY: Mr. Chair? 4 COMMISSIONER MORENO: Commissioner Conway. 5 COMMISSIONER CONWAY: Back to the previous 6 slide, you kind of skipped over some things. The 7 consideration of planting along the southern border, are 8 you going to address that later? 9 MS. BEST JOHNSON: That's the next slide. 10 COMMISSIONER CONWAY: Thanks. 11 MS. BEST JOHNSON: So the last comment is 12 consideration of planting along the southern border that 13 was raised by the Town of Severance and also by K&M 14 Company. 15 So we did add some -- we are going to take 16 a look at some views looking at the property from the 17 south, from 19 as well as 78, because we wanted to 18 understand the comments that were received by the Town 19 of Severance from individuals in Soaring Eagle Ranch 20 neighborhood as well as the property owner to the east, 21 what their concerns were for view. 22 And so we went out and took some photos, 23 and the result was that we added some extra landscaping 24 in this area, and then we added a privacy fence in this 25 area. And we felt that that would best buffer the views 9 1 from the property owner to the east. 2 So taking a look at the next set of 3 slides, there are some commonalities in all these 4 slides. And rather than repeat them with each slide, I 5 thought I'd just go -- walk through what it is that 6 you're going to look at. 7 So the top of all the maps is going to be 8 north. Weld County Road 78 is to the south, 19 is to 9 the east, State Highway 257 is on the west, 80 1/2 is on 10 the north right here, and State Highway 14, which is 11 also Mulberry in Fort Collins, is this road right here. 12 So the parcels that are outlined in this 13 darker blue is everything owned by Cactus Hill Ranch. 14 The property that we're talking about is outlined in 15 yellow. The property outlined in orange is owned by K&M 16 Company. And then this is a lake right in here. 17 And the blue arrow that you'll see on all 18 the maps -- and it changes as we go around this area -- 19 is the view -- the end of the arrow is where the photo 20 was taken, and the direction of the arrow indicates the 21 view of where it's pointing at. 22 There -- the photos are zoomed in a little 23 bit just so that you can see some points of reference on 24 the photos, but for the most part we tried to remain 25 true to what you're looking at on the road. 10 1 So this is directly south of where the 2 facility is. There are three points of reference. One 3 of them is this large silo. It's an agricultural silo. 4 It's located right here in Cactus Hill Ranch property, 5 and that is one of the most prominent features on the 6 horizon. And so it is right here. 7 Another prominent feature on the horizon 8 are these water tanks. They're located right here, 9 again, just on the south side of State Highway 14 or 10 Mulberry. And then the Simon facility is located right 11 here just under these residential structures. Right 12 there. 13 So the next slide is from a little bit 14 north on 19, north of 78. Again, you can see the Cactus 15 Hill Ranch water tower -- I mean silo. You can see the 16 water tower, and then you can see the existing silo at 17 the facility. 18 We move up north on 19 a little bit, and 19 you can see the Cactus Hill Ranch silo, the water tower, 20 and the silo at Simon. Going up on 19 a little bit 21 farther, you can't see -- I could not make out if this 22 is a reflection of the water tower or where the water 23 tower is. So that's a guess. But here is a Cactus Hill 24 Ranch silo. And I'm thinking that by zooming in, that, 25 I believe, is the Simon silo. 11 1 Moving on to Weld County Road 80 1/2, this 2 is approximately at the south edge of where this little 3 road right here, 19, goes on up to connect with 14 4 looking west. This is just east of the bridge going 5 over the ditch. You can see the road over the ditch. 6 You can see there's a crest, a natural crest in the 7 road. You can't -- you can see the towers, the power 8 towers here. Here's the silage pile or an agricultural 9 pile that's existing on the K&M property. And there's 10 their existing agricultural outbuilding. 11 This is from just north of the 12 agricultural outbuilding on K&M property. Right. here I 13 lined up, took a photo looking directly west. And this 14 dark structure right here is the existing silo of the 15 asphalt plant. And this is how the -- how the view 16 corridor looks today without any landscaping. 17 And then this is a repeat. If we wanted 18 to discuss it from the hearing on the 5th of February, 19 existing view corridor from the property owner to the 20 east. This is the house right now. It's directly to an 21 outbuilding, directly to an cut -- a large -- again, I 22 don't know what the material is, but it's a large 23 natural berm, a natural buffer. And then it looks 24 across the property. 25 These are the site -- site lines. And so 12 1 to -- to try to address the concerns of individuals from 2 Soaring Eagle, which are two miles in -- a mile and a 3 half, a mile and three-quarters, and two miles to the 4 south, we really wanted to go out and look to see 5 what -- what their concerns are, what their -- what 6 their visual concerns are. 7 And so we felt as if Cactus Hill Ranch 8 sent in a letter indicating they're directly south; they 9 didn't find a conflict with not having landscaping along 10 the south side. So, we were looking at how can we 11 address, then, the concerns of this individual here 12 wanting some more screening of this facility. 13 This is all vacant here. So, what we did 14 is we added some more landscaping here to completely 15 screen this eastern edge, and then we added a privacy 16 fence from this point here to this point. So, this 17 entire area right here would be mitigated visually. So, 18 again, we listened, we talked to the Town of Severance, 19 we listened to what they had to say, and they concurred 20 with this approach as well. 21 So, at this point in time, this concludes 22 our presentation, and we're happy to answer any 23 questions that you may have. 24 COMMISSIONER MORENO: Any questions for 25 Anne? Commissioner Freeman? 13 1 COMMISSIONER FREEMAN: I guess I'm a 2 little confused what you're trying to screen from on the 3 south. There's -- I mean, it looks like there's nothing 4 there. 5 MS. BEST JOHNSON: What I'm -- 6 COMMISSIONER MORENO: The ditch? 7 COMMISSIONER FREEMAN: Yeah, on the south. 8 I'm not sure what we're -- I'm not sure what we're 9 trying to screen from there. 10 MS. BEST JOHNSON: It was just -- there 11 was concerns from the property owner to the east and 12 residents in Soaring Eagle Ranch that we tried to screen 13 the view from their properties. And we -- 14 COMMISSIONER FREEMAN: That's two miles 15 away. 16 MS. BEST JOHNSON: Yes. We -- we 17 struggled with that and we -- that's why we went out and 18 we took some photos, because we really wanted to 19 understand what the visual impact was. We found that 20 there was very minimal visual impact from that view, 21 but, again, we went out twice. I went out. I sent 22 another individual out because I wanted to make sure 23 that we were really looking at this very seriously. 24 I spoke with the Town of Severance. We 25 wanted to give it very serious consideration. And 14 1 putting a 6 -foot privacy fence along the southern end of 2 the property, when we have Cactus Hill Ranch who owns a 3 mile and a half, it's -- it's not going to provide any 4 visual benefit. 5 COMMISSIONER FREEMAN: That's the reason I 6 was asking. 7 MS. BEST JOHNSON: Yeah. And so, again, 8 we want to give serious consideration to the property 9 owner to the east. We're willing to add the additional 10 landscaping in here. We're willing to add some 11 additional screening to help mitigate their concerns. 12 So we're -- we're listening -- 13 COMMISSIONER FREEMAN: Okay. 14 MS. BEST JOHNSON: -- to what individuals 15 have to say. 16 COMMISSIONER FREEMAN: Thank you. 17 COMMISSIONER MORENO: Any other questions? 18 Commissioner Conway. 19 COMMISSIONER CONWAY: So I appreciate you 20 sent out emails and everything else. Did you try to -- 21 in terms of the people, like K&M, did you go meet with 22 them? 23 MS. BEST JOHNSON: We met with them before 24 the hearings, and we asked if there was anything that we 25 could do to mitigate. We met in the field with them. 15 1 And to date, we have -- I left -- 2 COMMISSIONER CONWAY; You haven't followed 3 up with them since the hearing? 4 MS. BEST JOHNSON: I did follow up with 5 them after our meeting in the field and asked if we 6 could meet with them again, and I have not heard from 7 them. 8 COMMISSIONER CONWAY: Okay. So, I want to 9 address some issues that were part of the letter. Have 10 you seen the letter from Mr. Tom Moore that was sent to 11 the Board on February 15th? 12 MS. BEST JOHNSON: Uh-huh. 13 COMMISSIONER CONWAY: Do you want to 14 address -- or I can ask questions, whatever you want to 15 do on this. He had some very specific questions. In 16 terms of the question that Commissioner Freeman asked, 17 he -- it sounds like you've done some work on 18 landscaping to the south in regards to this letter; is 19 that correct? 20 MS. BEST JOHNSON: We did some landscaping 21 along the south and -- 22 COMMISSIONER CONWAY: I'm sorry. Go 23 ahead. I didn't mean to interrupt you. You did some 24 landscaping. Because in his letter, he stated -- and 25 I -- this is 2,640 feet and 40 percent of the entire 16 1 site's perimeter. So that's what he was talking about 2 in terms of landscaping. Did you have any conversations 3 with Mr. Moore in terms of this letter, in terms of this 4 feedback? 5 MS. BEST JOHNSON: I did not have a 6 conversation with Mr. Moore regarding this particular 7 letter, no. 8 COMMISSIONER CONWAY: Okay. 9 COMMISSIONER KIRKMEYER: Isn't he the 10 neighbor to the east? 11 MS. BEST JOHNSON: He's the neighbor to 12 the east. 13 COMMISSIONER CONWAY: Okay. So you are 14 addressing his concerns specifically? 15 MS. BEST JOHNSON: We addressed his 16 concerns specifically -- 17 COMMISSIONER CONWAY: That's the -- 18 MS. BEST JOHNSON: -- with this, yes. 19 COMMISSIONER CONWAY: Okay. The other -- 20 the other question he has in his letter is who will be 21 responsible for repair -- repair this landscaping when 22 it is removed or destroyed? Because we have all sorts 23 of weather -related events. And he asked that question 24 in the letter, so that's what I'm asking to you. 25 Is there a -- and maybe you can -- I'm 17 1 trying to go through all the documents. Is there a 2 specific development standard that you must maintain the 3 long-term -- in terms of whether it is drip irrigation 4 or maintenance or whatever in terms of this? I'm just S trying to answer his -- get an answer to his question in 6 his letter that he sent to the Board, 7 COMMISSIONER KIRKMEYER: There are 8 development standards that requires maintenance. 9 COMMISSIONER CONWAY: That's what I'm 10 looking for. 11 COMMISSIONER KIRKMEYER: Typically there 12 is. I don't know what number it is. 13 COMMISSIONER CONWAY: I don't know on this 14 one because -- 15 COMMISSIONER KIRKMEYER: Yeah, well, they 16 have to maintain the approved plan. 17 COMMISSIONER CONWAY: I'm just asking 18 (unintelligible). 19 COMMISSIONER KIRKMEYER: I just don't know 20 what number it is. 21 COMMISSIONER CONWAY: That's why I'm 22 asking. The public asked that question. Kim's looking 23 for it. 24 COMMISSIONER COZAD: Mr. Chair. 25 COMMISSIONER MORENO: Commissioner Cozad. 18 1 COMMISSIONER COZAD: You know, I'm looking 2 at Mr. Moore's letter, and specifically he said that 3 there were -- there was no landscaping on the site's 4 south boundary. So, I think what Ms. Johnson actually 5 went over with the fencing and the additional 6 landscaping does address his letter, and specifically 7 the residences to the direct east. 8 And as Commissioner Freeman said, there's 9 really -- there's nobody down on the south part of the 10 property, but I heard the applicant say they're willing 11 to put landscaping in to buffer and screen from the 12 south boundary line. So, I do think it does address the 13 concerns. 14 MS. BEST JOHNSON: Yeah. We added the 15 landscaping in this area, and we agreed to do additional 16 privacy fencing in this area to screen the property 17 owner here to the east. The property owner to the south 18 actually provided a letter, indicated that they don't 19 have concerns with the fact that there is no landscaping 20 on the south. 21 COMMISSIONER COZAD: And, again, will you 22 reiterate? Because the other comment he made is that 23 you had landscaping within the Poudre -- 24 COMMISSIONER KIRKMEYER: Power Line. 25 COMMISSIONER COZAD: -- Power 19 1 (unintelligible) easement, and you've said on the record 2 that you're outside of their easement. 3 MS. BEST JOHNSON: Correct. And so that's 4 what I believe, Commissioner Conway, he was concerned 5 with in his second paragraph -- 6 COMMISSIONER CONWAY: Yes. 7 MS. BEST JOHNSON: -- is that the 6 landscaping was within that easement, and who's going to 9 be responsible to prepare this landscaping when it's 10 removed or destroyed during the maintenance activities 11 for the easement. And it's not in the easement, so we 12 don't anticipate it being destroyed for activities 13 within the easement because it's not in the easement. 14 COMMISSIONER CONWAY: But who's 15 responsible for maintaining it? 16 MS. BEST JOHNSON: Well, Simon is 17 responsible for maintaining it. 18 COMMISSIONER CONWAY: And that's in there, 19 Kim? 20 MS. OGLE: It's under Development Standard 21 Number S. 22 COMMISSIONER CONWAY: Thank you. I 23 appreciate you clarifying. 24 MS. BEST JOHNSON: Yeah. 25 COMMISSIONER COZAD: I have a question. 20 1 COMMISSIONER MORENO: Commissioner Cozad. 2 COMMISSIONER COZAD: I have a question for 3 Kim. You were also sent a copy of this updated 4 landscape plan from the applicant. In your opinion, 5 does it meet the requirements and does it vindicate the 6 concerns of those that had the concerns during the 7 hearing and also as a follow-up from the emails and that 8 sort of thing, this recent notification to surrounding 9 property owners? 10 MS. OGLE: Yeah, our opinion is that it 11 does meet the intent of the visual mitigation plan for 12 this facility. 13 COMMISSIONER COZAD: Okay. Thank you. 14 COMMISSIONER MORENO: Any further 15 questions? Anne, continue. 16 MS. BEST JOHNSON: That concludes the 17 presentation. 18 COMMISSIONER MORENO: That's it? Okay. 19 All right. Why don't you just have a seat and I'm going 20 to open it up now for public comment. This is a public 21 hearing, so anybody in the public that would like to 22 come and address the Board on this consideration for 23 conditions on the approval of 1.C on this, please come 24 forward and state your name and address for the record. 25 Nobody in the public. All right. We'll 21 1 close the public comment and bring back the applicant. 2 Any further questions to the applicant on 3 this, or Kim? 4 All right. I'll bring it back to the 5 Board. Commissioner Kirkmeyer. 6 COMMISSIONER KIRKMEYER: Mr. Chairman, I 7 move that we approve the resolution, approving the 8 landscape screening plan with regard to Condition of 9 Approval 1.C of the Use by Special Review Permit 10 USR17-0043. 11 COMMISSIONER COZAD: Second. 12 COMMISSIONER MORENO: Moved by 13 Commissioner Kirkmeyer, seconded by Commissioner Cozad 14 to approve the resolution. Any other further 15 discussion? Commissioner Kirkmeyer. 16 COMMISSIONER KIRKMEYER: Yes. First of 17 all, I'd to thank you for having elevations and showing 18 us specifically which plants and trees that you're going 19 to plant. I think that was very helpful. We've had 20 other landscaping plans come in front of us and 21 screening plans, and they didn't have all of that 22 information. So greatly appreciate it. 23 I also appreciate you trying to reach out 24 and contact the neighbors even beyond what was required 25 and., you know, making every attempt to contact the most 22 1 adjacent neighbor. I think it's unfortunate that they 2 didn't respond back to you, so if they had any issues, 3 you could have helped fix them, because it appears that 4 you're more than willing to make changes all the way 5 throughout the whole process, like you did with the Town 6 of Windsor and the Town of Severance. So -- and I like 7 the plan. 8 COMMISSIONER MORENO: Further comments? 9 COMMISSIONER CONWAY: I'll have some after 10 the vote. 11 COMMISSIONER MORENO: All right. Do we 12 need a roll call? 13 COMMISSIONER CONWAY: No. 14 COMMISSIONER MORENO: Okay. All in favor, 15 aye. 16 MULTIPLE SPEAKERS: Aye. 17 COMMISSIONER MORENO: Opposed? 18 Motion approved. 19 Commissioner Conway. 20 COMMISSIONER CONWAY: So I just want to 21 reiterate what this board says a lot around here in 22 terms of this. I appreciate you met the minimal 23 requirements here. You did go above and beyond in 24 (unintelligible) to address the concerns of Severance 25 and Windsor and Mr. Moore. That's why I supported the 23 1 plan. 2 But this is a message to your client. I 3 know you're from Wyoming. I know you want to be a good 4 neighbor. You need to demonstrate in terms of going 5 forward and listening to the folks that are around your 6 neighborhood. 7 I'm hopeful that you will do that, but if 8 not, you're probably going to be back here again because 9 people are going to have a close eye on you. They're 10 going to want you to live up to the commitments that 11 you've made in this. 12 In Weld County we encourage our 13 applicants -- whether it's you or other folks, oil and 14 gas -- to live up to the commitments they make. So, I 15 would just encourage you to -- you're going to be here, 16 it looks like, for 20 years, because that's what the 17 picture showed, right, in terms of the full growth of 18 the trees. 19 But I would be proactive in terms of 20 engaging the neighbors and being a good one. And it is 21 to your benefit to do that. So that's all I have. 22 Thank you. 23 COMMISSIONER MORENO: Further comments? 24 I'm going to adjourn the board meeting at 10:19. And we 25 will reconvene -- 24 1 COMMISSIONER COZAD: Do we vote? Oh, we 2 (unintelligible). 3 COMMISSIONER CONWAY: Yeah, we voted. 4 COMMISSIONER MORENO: -- we'll reconvene 5 with lands use cases. We're going to take a 15 -minute 6 break, so we'll come back at 10:35. 7 (End of audio recording.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 February 21, 2018 TRANSCRIBER'S CERTIFICATE I, Rebecca J. Collings, a Colorado Realtime Certified Reporter, Registered Professional Reporter and Notary Public within and for the State of Colorado, do hereby certify that I prepared the foregoing transcript from an audio recording of the proceedings. I further certify that the transcript is accurate to the best of my ability to hear and understand the proceedings. I further certify that I am not an attorney, nor counsel, nor in any way connected with any attorney or counsel for any of the parties to said action, nor otherwise interested in the outcome of this action. My commission expires September 14, 2021. REBECCA J. COLLINGS Not el y iD + Zap l402C792 vComrni”..antviroyp9.14.2421 , REBECCA J. COLLINGS Registered Professional Reporter Colorado Realtime Certified Reporter Notary Public DausterWurphy 303-522--2604 25 CERTIFICATE STATE OF COLORADO) ) ss COUNTY OF WELD ) I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public within and for the State of Colorado, certify the foregoing transcript of the digitally recorded proceedings, In re: CONSIDER CONDITION OF APPROVAL #1.C OF USE BY SPECIAL REVIEW PERMIT, USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC., before the Weld County Board of County Commissioners, on Wednesday, February 21, 2018, and as further set forth on page one. The transcription, dependent upon recording clarity, is true and accurate with special exceptions(s) of any or all precise identification of speakers, and/or correct spelling or any given/spoken proper name or acronym. Dated this 27th day of April, 2018. • -4,4 Esther E. Gesick, Notary Weld County Clerk to the Board ESTHER E. GESICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974016478 MY COMMISSION EXPIRES SEPT. 29, 2021 ORIGINAL (x) CERTIFIED COPY ( ) Hello