HomeMy WebLinkAbout20182767.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 21, 2018
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: Bruce Johnson, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent: Bruce Sparrow
Also Present: Kim Ogle, Diana Aungst, and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and
Kris Ranslem, Secretary.
Motion: Approve the August 7, 2018 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR18-0031
APPLICANT: MARIANO GONZALEZ
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART NW4 SECTION 2, T4N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 50 AND EAST OF AND ADJACENT TO
CR 57.
Diana Aungst, Planning Services, presented Case USR18-0031, 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.
Commissioner Johnson asked where the trucks will be parked. Ms. Aungst said that the trucks will be
parked next to the cattle shed.
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.
Edith Gonzalez, 23964 CR 57, Kersey, Colorado, stated that they are asking for storage of trucks on the
property. They were notified that they were in violation late in 2017 and they wish to comply with the Weld
County Code.
Commissioner Ford asked if the surrounding neighbors had a response to this request. Ms. Gonzalez said
that there were some questions from the neighbors, but they did not indicate any opposition to the request.
Commissioner Cope clarified if the number of trucks will be limited to six (6) trucks as the aerial map from
the assessor's webpage shows more than that on site. Ms. Gonzalez replied that they are asking for six
(6) trucks total.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dan Oster, 23457 CR 57, stated that he is concerned with the noise from the trucks operating 24 hours a
day. He added that there has been no dust abatement on County Road 50.
The Chair asked about the business operation. Ms. Gonzalez said that their operation will be Monday
through Friday about 7 am to 6 pm. She added that so that they don't violate any codes they are requesting
the 24/7 operation. Ms. Gonzalez said that there shouldn't be an increase in traffic.
The Chair asked staff to explain the triggers for dust abatement. Mr. Pinkham, Public Works, said that on
this particular site they are not asking for an Improvements Agreement or Road Maintenance Agreement
so the applicant will not be required to have dust abatement due to the limited amount of traffic for this
application. Mr. Pinkham stated that the County does perform dust abatement as a part of the general
maintenance plan. He added that residents can call Public Works to request that.
Commissioner Cope asked what the trucks are hauling. Ms. Gonzalez said that they haul water; however,
the application is for the storage of trucks. Mr. Cope clarified if the trucks are being called out during the
nighttime hours. Ms. Gonzalez said that they are operated during the daytime, Monday through Friday.
Ms. Aungst asked if they wanted to call out the different trailers and trucks allowed on the property. The
Chair asked if Ms. Aungst would craft some language to that explain that. Ms. Aungst suggested amending
Development Standard 6 to read "The maximum number of trucks shall be 6 and the maximum number of
trailers shall be 6".
Motion: Amend Development Standard 6, as stated by Staff, Moved by Gene Stille, Seconded by Bruce
Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0031 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 Tom Cope, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
CASE NUMBER: USR18-0052
APPLICANT: OUTRIGGER DJ OPERATING, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, 60 MILLION STANDARD CUBIC FEET PER
DAY CRYOGENIC NATURAL GAS PROCESSING FACILITY AND ASSOCIATED
EQUIPMENT, ONE (1) UP TO ONE HUNDRED SIXTY (160) FEET IN HEIGHT
COMMUNICATIONS TOWER AND UP TO FIVE (5) TEMPORARY
CONSTRUCTION TRAILERS AND UP TO ELEVEN (11) TEMORARY CONEX
STORAGE CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT
(OUTRIGGER MAKENA GAS PROCESSING PLANT)
LEGAL DESCRIPTION: E2SE4 SECTION 25, T8N, R62W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 88 SECTION LINE; WEST OF AND
ADJACENT TO CR 85 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR18-0052, 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.
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Commissioner Stille asked to elaborate on the communication tower. Mr. Ogle said that the communication
tower is for the applicant, Outrigger DJ Operating. He added that a referral was received from Weld County
Wireless Communications to use the tower as a relay to communicate back to Greeley. When Weld County
approached the applicant the tower design did not have the structural integrity to allow them to put additional
dishes on the tower. The applicant had the tower redesigned and asked Weld County if they would be
willing to help fund the improvements, however they are waiting for a reply from Weld County.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Andrew Purdue, Outrigger Energy, 5424 South Geneva Way, Englewood, Colorado, stated that the plant
will be used to process raw natural gas from nearby wells into products which will be sold into nearby
pipelines. Two full-time operators will be on site at the plant during daytime operations. A 24 -hour
emergency contact number will be provided on all the plant signs as well as entrance to the facility and the
fencing.
Commissioners Cope asked how close the pipeline is to the proposed facility. Mr. Purdue said that there
is no pipeline in proximity yet near the facility. He added that it is a grass roots project.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Johnson said that it looks like this is pushing the envelope whether this is an industrial
activity or whether it isn't with all the multi -facets that is going on here. He feels that this complex of an
activity under a USR.
Commissioner Cope said he agreed, however, they seem to be getting a lot of these requests before them.
He added that they have had several discussions whether these are industrial or whether they should be
under the USR process.
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.
Commissioner Stille said that he is concerned with safety and community concerns of light, dust, or noise
and feels that his questions have been answered.
Commissioner Cope said that there is literally no one around this proposed facility at this stage. He added
that if the facility gets built, anyone moving into the area is now aware of what is there.
Motion: Forward Case USR18-0052 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 = 8).
Yes: Bruce Johnson, Gene Stille, Elijah Hatch, David Stahl, Sr., Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
CASE NUMBER: USR18-0040
APPLICANT: JANICE CARSON AND DAVID UHRICH, C/O ALDEN SOLAR CSG, LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: NORTH 30 ACRES OF SW4 SECTION 29, T6N, R64W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 51; APPROXIMATELY 0.4 MILES NORTH OF
CR 64.
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Michael Hall, Planning Services, presented Case USR18-0040, 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.
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.
Tyson Taylor, 2236 Hooker Street, Denver, Colorado, stated that he is representing Community Energy
Solar. He said that this project is a for a 2MW solar facility and added that they were awarded a construction
bid from Xcel Energy as part of their community solar rewards program.
Commissioner Ford asked if this is prime farmland. Mr. Taylor said it is irrigated farmland. Mr. Ford asked
why they chose this location. Mr. Tyson said that they are looking for distribution power lines that are robust
enough to accept the interconnection of their project without requiring upgrades to the system.
Commissioner Ford referred to the center pivot to the south of the project and asked if the spray will go
onto the panels. Mr. Taylor said it may and added that they have talked with the farmer about adjusting the
spray from the pivot. He added that they don't think it will be a problem.
Commissioner Ford asked if they will let the weeds grow on the property. Mr. Taylor said that they are
working with the landowner and have talked about placing a seed mix that they will need to mow up to a
few times a year.
Commissioner Johnson said that he is concerned with fire hazard after the vegetation dries up. Mr. Taylor
said that fire is an issue everywhere, however, they intend to keep up with maintenance on site.
Commissioner Cope inquired about the life span of these solar facilities. Mr. Taylor said that their
agreement with Xcel Energy is 20 years and they will rebid for an additional amount of time after that. He
added that they envision a 30 -year project for this site.
Commissioner Hatch asked if there will be a mowing plan or incorporating herbicides on the property. Mr.
Taylor said that they will do what the landowner wants to have done on the property, however, they prefer
to mow the site.
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.
Commissioner Ford stated that he hates to see this land taken out of agricultural production because there
is a lot of land in Weld County that is not so good, and it seems that it would better to try to interconnect to
the grid somewhere on less productive land.
Commissioner Stille concurred with Mr. Ford, however, in looking at the highest and best use of the property
this might be something to consider.
Commissioner Johnson said that he understands this particular part of the farm is more highly labor
intensive than the rest of that farm, so he can see where this is more of a desirable choice than if it was
further south on the farm, as it is outside the center pivot.
Motion: Forward Case USR18-0040 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 Bruce Johnson, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
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Yes: Bruce Johnson, Gene Stille, Elijah Hatch, David Stahl, Sr., Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
CASE NUMBER: USR18-0041
APPLICANT: COLORADO STATE BOARD OF LAND COMMISSIONERS, C/O PLATTEVILLE
SOLAR CSG LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX18-0020, BEING PART OF THE NE4 SECTION 16, T3N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 32; WEST OF AND ADJACENT TO CR
31.
Michael Hall, Planning Services, presented Case USR18-0041, 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.
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.
Tyson Taylor, 2236 Hooker Street, Denver, Colorado, said that is similar to the previous request. He said
that this site was a bit tricky due to the power lines and the underground oil and gas pipelines that they
wanted to avoid.
Commissioner Hatch referred to the application that states repairs and maintenance will happen between
8 am and 5 pm. He asked if there will be any repairs performed outside of those hours. Mr. Taylor said
that the repairs are performed during daytime working hours. He said that the system is designed that
individual arrays can be disconnected. He added that there will be no lighting on site to perform any repairs
during the night time.
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 USR18-0041 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 Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Gene Stille, Elijah Hatch, David Stahl, Sr., Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
The Chair called a recess at 2:05 pm and reconvened the hearing at 2:20 pm.
CASE NUMBER: USR18-0062
APPLICANT: RICHARD & JEAN DUMM AND MARTIE & RICHARD DUMM, JR., C/O DAIRY
TECH INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS, MORE SPECIFICALLY DEFINED AS THE
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LEGAL DESCRIPTION:
LOCATION:
DEVELOPMENT, FABRICATION AND MANUFACTURING OF SMALL
MACHINES AND CONSUMABLE PRODUCTS TO BE USED BY THE DAIRY
INDUSTRY FOR THE FEEDING AND HUSBANDRY OF CALVES, INCLUDING
PASTEURIZERS THAT ARE USED TO PASTEURIZE MILK ON A DAIRY FARM
FOR FEEDING TO CALVES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -3615, BEING PART SW4 SECTION 11, T6N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 70; EAST OF AND ADJACENT TO CR 21.
Kim Ogle, Planning Services, presented Case USR18-0062, 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.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Richard Dumm, 34824 CR 29, Greeley, Colorado, stated that they currently own this property. Their
business has increased and outgrown the previous property and thought that this site would fit the business.
There will not be any animals housed on site permanently nor any dairy livestock in production on site. Mr.
Dumm said that they manufacture pasteurizers for pasteurizing milk and colostrum that gets fed back to
baby calves. He added that they assemble the equipment on site and ship it out.
Commissioner Beck noted that the proposed location is adjacent to the Severance Middle School and very
close to a Windsor subdivision. Mr. Dumm said that he thinks they will be a good neighbor and added that
he doesn't anticipate any odors coming from the site since there will be no animals for production on site.
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 USR18-0062 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 Bruce Johnson, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Gene Stille, Elijah Hatch, David Stahl, Sr., Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Bruce Johnson left the meeting at 2:36 pm.
CASE NUMBER: USR18-0046
APPLICANT: ENRIQUE & ELISA GUERRERO
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SE4 SECTION 22, T1N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6 AND APPROXIMATELY ONE -TENTH
OF A MILE WEST OF 1-25.
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Diana Aungst, Planning Services, presented Case USR18-0046, reading the recommendation and
comments into the record. Ms. Aungst noted that five (5) letters were received in opposition with concerns
of noise, vibration, exhaust, traffic, safety, proper licensing of the drivers and property values. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Enrique Guerrero, 3883 CR 6, Erie, Colorado, stated that his property was in violation and is asking for
approval for the storage of 12 trucks on the property.
Commissioner Ford clarified if the trucks are stored off site currently. Mr. Guerrero replied yes. He added
that his family operates the trucking business.
Commissioner Cope asked how often the arena on site is utilized. Mr. Guerrero said that they use it daily
in working their horses and added that he has three (3) rodeos per year. He said that there are cattle on
site; however, they are there for the rodeo events and then taken away after.
Commissioner Stille asked how many people attend the rodeo. Mr. Guerrero said that there are about 500
people that attend the rodeo. He added that the rodeos are held during the daytime.
Frank Haug, County Attorney, noted that the application is for the storage of trucks. He recommended that
the Planning Commission consider the request before them regarding the storage of the trucks and how
that meets the Code.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sheryl Elliss, 3923 CR 6, stated that she is a member of Ranch Eggs Neighborhood Association. She said
that the applicant is asking to add 40 semi -truck trips per day through their neighborhood on these roads
which are already restricted to 13 tons. She added that these roads are not designed for that amount of
traffic. Ms. Elliss said that she is concerned with the safety of her grandchildren with the amount of traffic
and the impact to their quality of life.
Ed Kosorok, 3923 CR 6, stated that they are concerned with proximity of the edge of the applicant's
driveway to the edge of their house. Mr. Kosorock and Ms. Ellis provided a visual of how far their house is
from the applicant's driveway. He added that they are concerned with the idling of the trucks and the
exhaust from it and dust issues. Mr. Kosorok said that there were issues in the past with fires that he
expressed concern about.
Mary Haberkon, 3733 CR 6, stated that she is concerned with all the traffic. She added that there is no
place on that road to pull over if the trucks have any problems.
Dee Trembath, 3376 Longview Road, stated that this may seem like a small business but with all of the
traffic and the impact it has on them it is another thorn in their side. She said that the increase of traffic will
be devastating for the neighborhood.
Calvin Hall, 1924 Carol Drive, stated that he agreed with all of the concerns regarding traffic. He said that
the applicant's business has added to the already existing problems. He questioned if he was in violation
in the past how he will comply in the future.
Patrick Spear, 3843 CR 6, stated that he agrees with the same concerns and safety issues with the children
in the area.
The Chair asked the applicant to address some of the concerns of the neighbors.
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Mr. Guerrero said that his dad was burning some weeds and the fire department was called. Commissioner
Beck suggested that they maintain the weeds by mowing rather than burning them.
The Chair asked what route the trucks take from the site. Mr. Guerrero said that they head east to 1-25
because most of their work is in the Denver Metro area. The Chair asked if a development standard can
be placed regarding the establishment of the haul route. Ms. Aungst suggested adding a Development
Standard to read "The haul route would be to the east toward 1-25 for all trucks".
Mr. Guerrero said that he is aware of the neighbor's concerns and he has tried to improve the property. He
added that with the ability to allow the storage of the trucks he would be able to improve it even more. Mr.
Guerrero said that he is concerned with the safety of the children in the neighborhood as well and would
be very strict with his drivers accessing and leaving the property as well as driving on the roads.
Commissioner Cope referred to the idling of the diesel trucks to warm up and commented that with the
possibility of 12 trucks in a neighborhood with all of these surrounding homes he wouldn't want to be a
neighbor to that. He is concerned that this isn't the right area for this use. Mr. Guerrero said that trucks
will idle in the morning and added that there are other trucks on the road all day every day.
The Chair asked the Planning Commission what their thoughts were regarding the addition of a
development standard establishing a haul route. Commissioner Beck said that he doesn't know if that
would solve the problem. He added that the problem is there is one access for all the trucks and it is pretty
close to the neighbor.
Motion: Add Development Standard 11 to read "The haul route would be to the east toward 1-25 for all
trucks", Moved by Michael Wailes, Seconded by Elijah Hatch. Motion carried 6-1, with David Stahl, Sr.
casting the no vote.
Ms. Aungst requested that the last sentence which reads "The Agreement shall require the construction of
the following capital improvements" in Condition of Approval 1.A be removed. Additionally, she requested
that Condition of Approval 1.A.1.a through 1.A.1.d be removed.
Motion: Delete Condition of Approval 1.A.1.a through 1.A.1.d and amend Condition of Approval 1.A by
deleting the last sentence, Moved by Tom Cope, Seconded by Michael Wailes. Motion carried 6-1, with
David Stahl, Sr. casting the no vote.
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 USR18-0046 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Gene Stille, citing Section 23-2-220.A.4 and Section 23-2-220.A.7, Seconded by David
Stahl, Sr.
Commissioner Ford agreed for two (2) reasons: 1) the neighbors bought these homes not expecting a
commercial operation next door (not compatible with the area), and 2) safety, as he believes the semi -
trucks pulling off that narrow road into the applicant's residence is a big safety issue.
Commissioner Stahl concurred with Commissioner Ford and added that from his experience enforcement
of any of these conditions out there is going to be nonexistent.
Vote: Motion carried (summary: Yes = 5, No = 2).
Yes: Gene Stille, David Stahl, Sr., Lonnie Ford, Richard Beck, Tom Cope.
No: Elijah Hatch, Michael Wailes.
Absent: Bruce Johnson
Commissioner Stille appreciated the applicant's desire to operate a business and understands that it is
difficult to find land to locate a business. He added that there was a number of reasons that it wasn't
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compatible. He congratulated the applicant on having a business and keeping people employed. He
wished the applicant the best.
CASE NUMBER: USR18-0054
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A NON -1041 MAJOR FACILITY OF A PUBLIC UTILITY
(ONE (1) 230KV TRANSMISSION LINE EXTENDING APPROXIMATELY 1.2
MILES IN THE A (AGRICULTURAL) ZONE DISTRICT, WELD COUNTY,
COLORADO AND TERMINATING AT A NEW 230KV ELECTRIC SUBSTATION
WITHIN THE TOWN OF WINDSOR MUNICIPAL BOUNDARY)
LEGAL DESCRIPTION: COMMENCING AT THE PLATTE RIVER POWER AUTHORITY 230KV
TRANSMISSION LINE LOCATED IN THE SE4 OF SECTION 19, T7N, R67W
THEN HEADING IN A SOUTHERLY DIRECTION TO THE MUNICIPAL LIMITS
OF THE TOWN OF SEVERANCE, COLORADO.
LOCATION: GENERALLY LOCATED NORTH OF CR 76; WEST OF CR 15; SOUTH OF CR
80; EAST OF CR 13
Kim Ogle, Planning Services, presented Case USR18-0054, reading the recommendation and comments
into the record. Mr. Ogle noted that Staff received several telephone calls and electronic mail and added
that two (2) letters concerning this application were also received. The first letter is from an adjacent
property owner, Bradley Walker, stated that he is in support of the application as long as an easement is
not required to cross his property. The second letter is from Upstate Colorado in support of the application.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Mr. Ogle noted that as this case is a Non -1041 Major Facility of a Public Utility, the Planning Commission
determination is binding and final.
Evan Pinkham, Public Works, stated that this project does not affect any County -maintained roadways and
the applicant meets the exception for the drainage requirements.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and air
emissions.
Derek Holscher, Xcel Energy 1800 Larimer Street, Denver, Colorado, stated that the project is for a 230 kV
transmission line and associated substation. He said that the transmission line is 1.5 miles long in Weld
County. He said that they will be tapping into the existing Platte River Power Authority 230 kV transmission
line.
Mr. Holscher stated that they are having difficulties serving their existing load and this will deliver electricity
to the load centers where energy needs are the greatest. He said that they intend to have the substation
and transmission line in service by February 2020.
Commissioner Beck asked why the route is going through the center of sections rather than following the
section line, or County Road 15. Mr. Holscher said that Point A is the tap point and Point B is the substation
site. In order to connect those two points they would like to have the shortest route possible. He added
that if they were to go down County Road 15 they would be impacting more residences.
The Chair called a recess at 3:55 pm and reconvened the hearing at 4:05 pm.
Tom Cope left the hearing at 3:55 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Marcia Maeda, 6711 Steven Street, Roth Subdivision, unincorporated Weld County. She stated that she
attended the open house in 2016 and were told of three alternate site selections. She is concerned with
the safety for the birds using Timnath Reservoir. Ms. Maeda reviewed the three site selections for the
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substation from each of the open houses and expressed concern over the changing routes and different
communication at separate open houses. She added that the transmission line and substation is for new
development; however, the line and substation are adjacent to subdivisions that have been in existence
and not for the new subdivisions that it will serve.
Fred Walker, 37026 Mountain Meadows Drive, Severance, Colorado, stated that he is representing his son,
Bradley Walker. Mr. Walker referred to the alignment map and said that it appears that the line will cross
onto their property. He then referred to Item 2.E last paragraph in the Draft PC Resolution and suggested
amending it to read "The final alignment, including the easement, crosses a single land owners property
located to the east of the irrigation canal. The easement acquisition negotiations are on -going and will be
obtained prior to recording the USR map".
Additionally, Mr. Walker suggested amending Development Standard 17 to read "The Use by Special
Review area shall be limited to Paragraph 6 of Section 2.E of USR18-0054 Resolution of Approval, 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.
Mr. Walker said that he wants the language to be clear that Xcel Energy will cross County Road 78 and not
encumber any of Bradley Walker's property.
Frank Haug, County Attorney, said that the job of the Planning Commission is to review the development
standards according to Weld County Code Section 23-2-400 and not getting in between a particular
landowner and a private company.
Rosalyn Leautaud, 36933 CR 15, Windsor Colorado, said that she understands the need for transmission
lines and substations. However, she feels that if this transmission line is approved it will allow the substation
to be located where it is proposed, which is adjacent to the Roth Subdivision. She asked for the support
from the Planning Commission in looking out for the residences of Roth Subdivision in relocating the
substation and therefore the transmission should not go directly to the site.
Mr. Ogle stated that the substation component of this application is not in Weld County's jurisdiction and
added that it is proposed within the Town of Windsor. He added that we are permitting the first segment
that comes from the Platte River Power Authority down to County Road 78 and that is what the Planning
Commission should review.
Mr. Haug further added that the substation likely would not be relevant to the considerations for today's
hearing.
Mark Brandt, 6489 CR 78, stated that he talked with the landowners (Blehms) on where this transmission
line is going on their property and asked why the proposed line couldn't come down the road that is in the
middle of the Blehm's property to the east of the proposed route so it doesn't take out existing farming. He
is concerned with a 100 -foot easement going through a 93 -foot hole. He added that he owns land west of
and adjacent to the proposed line and intends to build a residence but is waiting to see where this
transmission line goes.
Mr. Holscher said that in light of what the County Attorney reiterated earlier they have submitted an
application for the transmission line located in unincorporated Weld County. He said that he can provide
responses to the substation concerns; however, they have applications that are forthcoming with the Town
of Windsor and can further address those concerns at that hearing.
With regard to Mr. Walker's revisions to the development standards, Mr. Holscher said that they couldn't
add his suggested language in case there is a revision to the transmission line as it would restrict their
ability to acquire land rights. He added that they prefer not to include the revisions to the development
standards as proposed by Mr. Walker.
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In regarding to rerouting the line on the Blehm's property, Mr. Holscher stated that they have working with
the Blehms for over four (4) years and had a route similar to what Mr. Brandt had suggested; however it
was their understanding after talking with the Blehms that they did not like that route and so they moved
the proposed line adjacent to the ditch. Mr. Holscher said that as far as their negotiations go, the Blehms
are willing to move forward with the transmission line where it is proposed.
Commissioner Beck understands that the substation is not pertinent to their discussions of the transmission
line route that they are to review. However, he asked how much response was received regarding the
substation and why it doesn't sound like they have had much input regarding that matter.
Mr. Holscher said that all of the open houses were documented with concerns and comments from the
people in attendance. He added that they have taken all of the comments into consideration.
Commissioner Stille said that he is confused on what is expected and where the line and substation is
going. He recognizes the need for this but he thinks the applicant needs to do their homework and
communicate better. He added that he doesn't know that he is ready to make a determination as he feels
it is not definitive. Mr. Holscher said that they have done their homework for four years and the application
for the Planning Commission today is the route they are proposing. He added that this is where the Blehms
have wanted the transmission line to go.
Commissioner Beck said that in relation of where the existing transmission lines are it looks to him like the
line that is proposed just isn't logical, whether or not the landowners agree to the route. He added that it
doesn't look like a practical route for what is happening with that area now. He agrees with Mr. Stille that
he doesn't know enough to vote one way or the other. Mr. Holscher said that after all of the negotiations
with the Blehms, this is the alignment they wanted on their property. He added that they are dealing with
three property owners on this entire line and any change to this route will be impacting other landowners
and risks the increase to not be able to a land right that they cannot secure. He added that they have done
everything they can to work with the property owners, as indicated by the signature of the property owners
on the authorization letters.
Frank Haug, County Attorney, left the hearing at 4:40 pm and Bob Choate, County Attorney relieved his
duties.
Commissioner Stille said that he doesn't want to say no and would rather that it be continued so that they
all can vote in favor of the application. Mr. Holscher said that he is confused and asked what more they
need from him. Mr. Stille said that he needs to listen to the folks and get their stories straight. Commissioner
Beck said that he needs to conduct some serious discussion and solve the problems with some nearby
property owners or do some public relations with them.
Commissioner Beck said that from his perspective the Blehms are not the immediate problem and added
that the immediate problem are the people who spoke today. He is not convinced the applicant has had
enough contact with those people to at least attempt to satisfy their wants and desires or explain to them
why they can't. Mr. Holscher said that they are willing to do that and added that they will be doing that
leading up to submitting the application for the substation in the Town of Windsor.
Commissioner Stahl asked if a motion to continue would be appropriate and allow the Staff to work with the
applicants and the neighbors prior to going to the Town of Windsor for consideration of the substation.
Mr. Ogle noted that this application is a series of three segments. The first segment is with Weld County
and the next segment is with the Town of Severance for permitting their segment of the transmission line
and the third segment is for the substation within the Town of Windsor. If the applicant does not get
approved for Segment #2 or Segment #3, they will have to come back and renegotiate a new configuration
for the transmission line for Segment #1. Mr. Ogle said that the Planning Commission is hearing only the
first half -mile of a three -segment party. The location of the substation is not under our review. The location
of Segments 2 and 3 are not in our review and emphasized that the Planning Commission is to review the
initial half -mile that connects with the Platte River Power Authority transmission line. The Blehms signed
the application as property owner for this application and Xcel Energy is negotiating an easement with the
Blehms for poles across their property for the location identified in their application. Mr. Ogle summarized
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that for this hearing, the Planning Commission is only to review the first half -mile of the transmission line
based on an application submitted by the Blehms on behalf of Xcel Energy.
Bob Choate, County Attorney, asked what the time frame for the next segment of this line is to go before
the Town of Severance. Mr. Holscher said that essentially the transmission line has been already permitted.
He added that they have an application pending submittal to the Town of Windsor and may not be until mid -
September.
Mr. Choate said that the next Planning Commission Hearing Date is September 4th. He added that it will
not need to be renoticed and published in order to continue this case to a date certain.
Motion: Continue Case USR18-0054 to the September 4, 2018 Planning Commission Hearing, Moved by
Gene Stille, Seconded by David Stahl, Sr.
The Chair stated that he understands that neither Commissioner Sparrow, Commissioner Johnson or
Commissioner Cope could vote on that continuation. Mr. Choate stated that was correct. Mr. Wailes said
that he will be absent at the September 4th Planning Commission Hearing and added that there will be four
(4) Commissioners who will not be able to vote on this case.
Commissioner Beck said that it is very easy to segment Weld County out as Staff has advised, but they
don't operate in a bubble. He added that he feels they have some effect on what happens to this project
down the line since they appear to be the first to review this project.
Vote: Motion carried (summary: Yes = 5, No = 1).
Yes: Elijah Hatch, Gene Stille, David Stahl, Sr., Lonnie Ford, Richard Beck.
No: Michael Wailes.
Absent: Bruce Johnson, Tom Cope
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 4:56 pm.
Respectfully submitted,
45\146`11-i Attd_alvt.
Kristine Ranslem
Secretary
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