HomeMy WebLinkAbout20171611.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross, 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:
U S R 17-0015
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FOUR (4.1) MILES LONG, FOUR (4) TEMPORARY
USE AREAS USED FOR STORAGE AND STAGING OF BORING EQUIPMENT
AND NATURAL GAS PIPE, CONSTRUCTION EQUIPMENT AND LAYDOWN FOR
NATURAL GAS SEGMENTS, A REGULATOR STATION AND FOUR BUILDINGS
TO HOUSE COMPONENTS OF THE REGULATOR STATION IN THE A
(AGRICULTURAL) ZONE DISTRICT.
THE PREFERRED PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING
SECTIONS 35, 34, 26, 23, AND 14, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
GENERALLY LOCATED SOUTH OF CR 22; WEST OF CR 37; NORTH OF CR 14
AND EAST OF CR 31.
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 Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline will be returned to their original
location and will not be moved offsite, unless soils are determined to be unsuitable for backfill. Public
Service of Colorado, an Xcel Company [PSCo] indicates that they will repair and/or replace any
facilities damaged or removed during the placement of the pipeline. The preferred pipeline route
minimizes environmental impacts such as wetland areas, water bodies and agricultural lands. The
preferred route is sited on Dryland agricultural fields, routed between and around existing utility
corridors and oil and gas encumbrances.
B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing and future
development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the City of Fort Lupton. The City of Fort
Lupton returned a referral dated March 6, 2017 indicating no conflict with their interest, further stating
a right-of-way permit will be required from the City of Fort Lupton Public Works Department for the
crossing of County Road 16.
A Community meeting was held on Thursday, January 26, 2017 at the Fort Lupton Public and School
Library, located in Fort Lupton, Colorado. Notification of the neighborhood meeting was mailed to all
identified property owners within 500 feet of the proposed pipeline project on January 13, 2017. Eight
of the 51 property owners in the notification area attended the neighborhood meeting. Persons had
questions generally regarding the proposed pipeline alignment, the easement for construction and for
operating, the timeline for permitting and construction, the ownership of the pipeline, who will use the
gas obtained from Anadarko and the method for providing maintenance of the pipeline.
EXHIBIT
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RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 2
C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the
surrounding area to the greatest extent feasible.
The applicant indicates that many private easements (rights -of -way without Fee ownership) have
been negotiated for the pipeline with private land owners, whereas any alternative alignments would
require new easements to be negotiated and involve crossings that may result in greater
environmental impacts in certain locations. The preferred pipeline route minimizes environmental
surface impacts. The pipeline will cross under the Tri-State Generation and Transmission high
voltage transmission line (USR14-0067) and under three County Roads.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil erosion,
dust and the growth of noxious weeds.
The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or
erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be
required for all construction areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable measures deemed
necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts
from the proposed pipeline.
The applicant has proposed a number of measures to mitigate impacts from the pipeline including the
boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; if
surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the waterbody,
or by utilizing an open -cut crossing method. If the open -cut crossing method is used, BMPs will be
installed to protect the waterbody from erosion or sediment runoff; tracking pads will be utilized where
heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be
segregated from subsoil during grading activities.
The pipeline will be compliant with the Department of Transportation (DOT) requirements. Per DOT,
pipelines are required to have a minimum of 48 -inches of cover or greater if required by local or state
agencies. The pipeline trench will be excavated mechanically; pipe segments will then be strung
along the ditch line and then welded together using welders and weld procedures qualified under the
requirements of the Code of Federal Regulations; each weld will be examined utilizing industry
standard non-destructive examination, or x-ray, procedures by qualified technicians; the coating on
the pipeline will be inspected for damage and repaired as necessary and then the line(s) will be
lowered into the trench and backfilled. The pipeline(s) will subsequently be pressure tested using
water (hydrostatically tested) to industry regulations.
PSCo will clearly mark the pipeline centerline with markers placed at line of site intervals and at all
road and canal crossings. The markers will clearly identify the pipeline, and will provide a telephone
number and address where a company representative can be reached in an emergency or prior to
any excavation in the area. In the event of an emergency, PSCo has prepared a Gas Emergency Plan
to establish emergency protocols for natural gas pipeline facilities that include the preparation and
planning for emergencies and natural disasters, the receipt and classification of odor complaint and
gas emergency calls, dispatch of company personnel, and responsibilities of response personnel.
An emergency response plan would be developed for the construction and operations phases of the
proposed Project. This plan would be written to include elements of the emergency response
departments near the Project area, including how and when to communicate with the Weld County
Sheriffs Office, the Weld County Paramedic Services, the Weld County Office of Emergency
Management, and the Fort Lupton Fire Protection district.
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 3
PSCo gas control staff are responsible for the constant electronic monitoring (24 hours a day, 7 days
a week) of gas system flows and pressures and for coordinating various sources of natural gas to
ensure adequate system supply and pressure. When notified, they would immediately respond to
pressure regulation or gas odorization problems. These problems may include, but are not limited to,
distribution regulator failures, emergency valve operation, odorizer malfunctions, and reports of
damage, accidents, fires, excessive noise or odor at the proposed regulator station or odorant
injection facilities.
Actions taken during a gas system emergency include, but are not limited to, maintaining the pressure
integrity and supply of the gas distribution and/or transmission systems and contacting customers
concerning emergency load reductions as needed. In an emergency situation, a natural gas pipeline
pressure reduction or shutdown to minimize hazards to life or property may be necessary for
numerous reasons, including a line break, a facility malfunction, fire or explosion, or an emergency
situation resulting from an abnormal operating condition. In the case of a broken gas line or fire or
explosion at or near a natural gas pipeline facility, a response might include the following activities:
controlling pedestrian and vehicular traffic as necessary, requesting the assistance of local emergency
responders/law enforcement personnel with this task if needed, and evacuating the site and/or nearby
areas if needed. Emergencies involving a fire or an explosion located at or near a PSCo natural gas
pipeline facility, considerable odorant leak or spill, or in the case of an outage resulting from the failure
of equipment, a break of a gas main or any other reason, qualified PSCo personnel would be
dispatched to control and/or correct the emergency situation.
F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately assessed,
and the proposed action is consistent with the best interests of the people of the County and
represents a balanced use of resources in the affected area.
The applicant reviewed alternative pipeline locations. The preferred route utilizes a pipeline right-of-
way corridor negotiated through agreements with private property owners and utilizes existing utility
corridors. The alternatives would result in additional safety impacts due to the proximity of the oil and
gas and utility encumbrances, existing residential development and other development in the area.
G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species, unique natural resource, known historic landmark or archaeological site within the affected
area.
A Biological Resources Assessment Report prepared by Tetra Tech, Inc., dated February 7, 2017 and
a Cultural Resource Site File Search dated January 20, 2017 was researched, and inventoried for the
Pipeline route for a specific site assessment of the biological, aquatic and cultural resources adjacent
to the proposed pipeline route. The purpose of this review was to identify any significant natural or
cultural resource constraints or risks associated with the development of the PSCo pipeline. U.S.
Fish and Wildlife returned a referral dated March 24, 2017 indicating no comment and the Colorado
Parks and Wildlife returned a referral dated March 26, 2017 stating the agency concurs with the
findings of the biological assessment noting two primary concerns within the project footprint are the
possible presence of nesting raptors and the potential for burrowing owls. CPAW recommended
another survey be conducted prior to construction of the pipeline standards. History Colorado did not
return a referral response indicating a conflict with their interests.
H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way and/ or
surrounding properties as a result of the pipeline.
The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Planning Services, engineering review stated a drainage plan will be not be required
for this project. Section 1.A.5 of the drainage criteria provides an exception for pipelines and
transmission lines. PSCo acknowledges in their application that the historical flow patterns and runoff
amounts will be maintained on the site or in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type generally attributed to run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding of storm run-off.
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 4
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the USR map:
A. A copy of the signed and recorded (construction and post -construction) lease agreements (or other
acceptable authorization from property owner) for pipeline right-of-way (easements) shall be
submitted to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall attempt to address the concerns of the Fort Lupton Fire Protection District as
stated in their referral dated March 13, 2017. (Department of Planning Services)
C. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR17-0015 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-520 of the Weld County Code.
(Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of permanent
easement, property ownership, parcel number, all easements of record, and all physical
encumbrances. (Department of Planning Services)
5. County Road 16 is owned and maintained by the City of Fort Lupton. The Municipality has
jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the
access permit or for any additional requirement that may be needed to obtain or upgrade the
permit. (Department of Public Works)
6. County Roads 18 and 20 are designated on the Weld County Road Classification Plan as a local
road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-
way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge
of right-of-way. (Department of Public Works)
7. County Road 33 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
8. Show and label the section line Right -of -Way as "CR 33 Section Line Right of Way, not County
maintained" (Department of Public Works)
9. The crossing agreement reception number for Barley Avenue, (County Road 16) from the City of
Fort Lupton Public Works Department. (Department of Planning Services)
10. Show the approved access(es) on the USR map and label with the approved access permit
number (AP17-00194). (Department of Public Works)
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 5
11. Show the approved Weld County accesses on the USR map and label with the approved access
permit numbers. (Department of Planning Services, Department of Public Works)
12. Show and label all recorded easements on the USR map by book and page number or reception
number and date on the plan. (Department of Planning Services)
13. The applicant shall show the drainage flow arrows in the area of the Regulator Station.
(Department of Planning Services -Engineer)
14. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, as
applicable. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the USR map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the USR map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar USR map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The USR map shall be prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code. The Mylar USR 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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet) etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures,
parking lots, laydown yards et cetera, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
B. The applicant shall acquire a right-of-way permit from the City of Fort Lupton Public Works
Department for the crossing of Barley Avenue (County Road 16) and place the permit number on
the USR Map. (Department of Planning Services)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed 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)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 6
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
Bruce Johnson
Joyce Smock
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, Kristine Ranslem, 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 2, 2017.
Dated the 2nd of May, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Public Service of Colorado
USR17-0015
1. A Site Specific Development Plan and Special Review Permit, USR17-0015 for a Pipeline - Natural Gas
and 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 (Four (4) Temporary Use Areas used for storage and staging of boring equipment and
natural gas pipe, construction equipment and laydown for natural gas segments; a regulator station and
four buildings to house components of the regulator station) in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon. (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 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
5. 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)
6. 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)
7. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
8. 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)
9. Adequate toilet facilities and handwashing units shall be provided during construction of the project.
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)
10. 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)
11. The property owner shall control noxious weeds on the site. (Department of Planning Services - Engineer)
12. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 8
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
15. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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.
21. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
RESOLUTION USR17-0015
PUBLIC SERVICE COMPANY OF COLORADO
PAGE 9
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 2, 2017
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross,
Tom Cope.
Absent: Bruce Johnson, Joyce Smock.
Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Hayley
Balzano, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 18, 2017 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0015
17-0015
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FOUR (4.1) MILES LONG, FOUR (4)
TEMPORARY USE AREAS USED FOR STORAGE AND STAGING OF BORING
EQUIPMENT AND NATURAL GAS PIPE, CONSTRUCTION EQUIPMENT AND
LAYDOWN FOR NATURAL GAS SEGMENTS, A REGULATOR STATION AND
FOUR BUILDINGS TO HOUSE COMPONENTS OF THE REGULATOR STATION
IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE PREFERRED PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING
SECTIONS 35, 34, 26, 23, AND 14, T2N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
GENERALLY LOCATED SOUTH OF CR 22; WEST OF CR 37; NORTH OF CR
14 AND EAST OF CR 31.
Kim Ogle, Planning Services, presented Case USR17-0015, reading the recommendation and comments
into the record. Mr. Ogle stated that 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 and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Randy Blank, Public Service Company, 1901 East Horsetooth Road, Ft. Collins, Colorado, stated that this
project is the Lancaster — Fort Lupton project. He said that this will increase capacity and it will primarily
provide another feed source from the Lancaster Plant that is on the north end of the project into the existing
system at the southern end. He added that this will help provide more reliable and improved service to
their customers in this region.
Mr. Blank provided an explanation of the monitoring and safety measures incorporated with this proposed
pipeline. He stated that they intend to begin construction this Fall with service beginning in the Winter. The
reclamation activities including revegetation and grading will begin in the Fall of 2018.
The Chair asked if there was anyone in the audience who wished to speak for or a•ainst this application.
Selina Koler, Tri-State Generation and Transmission Association, 1100 West 1161h Avenue, Westminster
Colorado, stated that Tri-State Generation and Transmission has two (2) lines in that area, which include
rights -of -way. She added that they want to make sure that Tri-State's rights to build within this easement
are protected. She said that they appreciate Public Service Company's mitigation to protect the pipeline
and they feel confident that they can work with the applicant on these issues.
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.
Clint Hebert, Anadarko Petroleum stated that they are in support of this project and working closely with
the applicants to ensure that the route is safe. He added that they want to make sure it doesn't impact any
of their existing infrastructure in the area.
Motion: Forward Case USR17-0015 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 Terry Cross, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
CASE NUMBER: USR17-0005
APPLICANT: ARISTOCRAT RANCHETTE WATER PROJECT INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE
GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT AND
ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR
PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS (PROPOSED 2,400 SQUARE FOOT BUILDING
FOR STORAGE OF WATER SYSTEM AND COMMUNITY EQUIPMENT FOR
THE ARISTOCRAT RANCHETTES SUBDIVISION) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF LOT 7 BLOCK 11 ARISTOCRAT RANCHETTES INC; PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO DALE AVENUE AND APPROXIMATELY 270
FEET WEST OF WOODRUFF STREET.
Chris Gathman, Planning Services, presented Case USR17-0005, 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. Mr. Gathman noted that initially staff
believed that there were three (3) separate parcels; however, upon further research they were able to find
a deed in 2002 that combined all three parcels into one lot (Lot 7). Therefore, staff is requesting that
Condition of Approval 1.A be removed.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the 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.
Harold Leggett, 302 Central, Platteville, Colorado, said that he is operator responsible for Aristocrat
Ranchettes Water Project. He stated that they need indoor storage of the pipe and materials so that he
can maintain the integrity of the materials used for repairs and line replacement. He added that they also
would store their work truck, emergency supply trailer and the lawnmower in the building.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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The Chair asked the applicant if he has read through the amended Development Standards and Conditions
of Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Motion: Delete Condition of Approval 1.A, as recommended by Staff, Moved by Jordan Jemiola,
Seconded by Cherilyn Barringer. Motion carried unanimously.
Motion: Forward Case USR17-0005 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 Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stifle, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
The Chair called a recess at 1:28 pm and reconvened the hearing at 1:40 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ17-0002
C. BRADLEY KEIRNES
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (COMMERCIAL) ZONE DISTRICT.
PART NE4NE4 SECTION 23, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO HWY 392 AND WEST OF AND ADJACENT TO
CR 35.
Diana Aungst, Planning Services, presented Case COZ17-0002, reading the recommendation and
comments into the record. Ms. Aungst noted that two letters were received this morning that object to this
Change of Zone. Ms. Aungst noted that there are two homes on the property; however the applicant has
indicated that both homes are being used as offices for CDOT. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Commissioner Wailes asked if CDOT is working in the area. Ms. Aungst said that they are using this
property as a staging area for work on US Highway 85. Mr. Wailes asked why the applicants are requesting
a Change of Zone and not a USR (Use by Special Review). Ms. Aungst said that she would defer that to
the applicant to answer.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements on -site.
Todd Hodges, 2412 Denby Court, Ft. Collins, Colorado, stated that the applicants started working on a
commercial project in nature prior to the violation. He added there used to be an approved land use permit
for an excavation company on -site; however, the land use permit was not transferrable. CDOT had
approached the applicants to lease this property as a temporary staging area for work being done on
Highway 85. He added that CDOT intends to leave the property in November 2017.
Mr. Hodges said that the C-3 Commercial Zone District gives them the ability to limited uses along the
highway and be accessible to the neighborhoods as this area urbanizes. He added that it is supported with
long term plans with the City of Greeley. There are two (2) existing access points to the site and Mr. Hodges
stated that they are working with CDOT to try to retain the access on Highway 392. He added that CDOT
has stated that that access be closed as part of the Access Plan; however, there are elements within that
Access Plan that give the applicant the opportunity to amend that Plan based on their land use in the future.
Mr. Hodges said that this site is in an area that is urbanizing and added that this corridor will be critical in
the future as this will increase economic development in the area.
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Commissioner Stille said that there were livestock on the property previously and then CDOT stored ground
asphalt on the property. He asked if there are any intentions of moving that storage area out or paving over
the top of it. Mr. Hodges said that they have looked at an RV storage facility on site and added that it is
allowed in the C-3 Zone District. He added that through the Site Plan they would work with Staff on the
grading and drainage of the site. Mr. Hodges said that they intend to keep the two (2) homes on site and
submit them as nonconforming uses or convert them to offices.
Commissioner Stille asked if a future stop light is planned at the intersection of Highway 392 and County
Road 35. Mr. Hodges said in talking over the Access Control Plan with CDOT there will potentially be a
traffic light at that intersection in the future.
Commissioner Cope asked that if this area is rezoned and the uses become greater, at what point does
tracking control come in. Mr. Pinkham said that if there are over 20 vehicles per day, then requirements
would be added for tracking control as well as an improvements agreement if traffic increased.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tony Negle, 33051 CR 35, stated that he lives right across the street from this site. He said that a storage
facility will not benefit this area. He said that they have always had a view of the lake. He added that it is
an agricultural area and not a commercial area.
Mr. Hodges said that it is important to understand that this isn't the only property the applicants own. They
also own around the lake and south of the ditch so they have great interest of what happens on this corner.
The Change of Zone from Agricultural to C-3 has merit based on the number of houses in the near future.
He added this is not a viable agricultural lot because of the size of the property.
Mr. Hodges referred to Item 2.D on Page 4 of the Staff report, specifically "CDOT has indicated that the
access on State Highway 392 will need to be closed and the Department of Public works has stated that
the access on CR 35 can be used as a commercial access point." He requested that this sentence be
deleted or modified as CDOT has identified as closure and they don't want anything to indicate that they
would lose that access point. He added that it is very critical that this access point remains open on this
property and that the evaluation of that access point is reviewed upon development of the property. He
added that they will continue to work with CDOT on this access. Mr. Hodges suggested amending this
sentence to read "Access exists on State Highway 392 and is under the jurisdiction of CDOT".
Commissioner Cope said that when there are two arterial streets combined it makes sense to look at the
big picture and evaluate what will be happening in the future. He added that C-3 property makes sense in
this area.
Commissioner Jemiola said that he also sees commercial uses on that intersection with the pace that the
County is growing. He feels comfortable with the uses allowed in the C-3 Zone District for this area.
The Chair asked if Staff had any comments regarding the applicant's request. Ms. Aungst said that the
statement by the applicant is accurate and added that there is an access under the jurisdiction of CDOT.
The referral comments from CDOT state that "The State Highway 392 Access Control Plan identifies the
existing State Highway 392 access as being removed as part of the redevelopment of the parcel". Ms.
Aungst suggested using this language as it was provided to us by CDOT.
Commissioner Stille said that if the access remains and the property is developed he is concerned with
traffic safety of those people pulling on/off Highway 392. He said that if it becomes a storage facility there
wouldn't necessarily be that much traffic. He also disagreed with the applicant and added that this property
can still be used as agricultural property as he referred to cattle grazing on the property previously. He
doesn't believe it is compatible with the area.
Ms. Aungst said that there is a Condition of Approval that they applicant needs to address CDOT's
concerns. Therefore, until that Condition of Approval is actually approved in writing by CDOT, the applicant
will still need to work with CDOT to take any action that CDOT deems necessary to move forward with this
Change of Zone.
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Bob Choate, County Attorney, said that he understands the applicant's concern but cautioned that it may
have the opposite effect. He referred to Section 23-2-30.A.4 which requires the Board and the Planning
Commission, before approving a Change of Zone, find that the street or highway facilities providing access
to the property are adequate in size to meet the requirements of the proposed zone district. Mr. Choate
said that what the statement in the resolution says that CDOT indicates that this needs to be closed and
Public Works has stated that the access on County Road 35 can be used as a commercial access point.
By leaving that statement you are basically saying that we think this can be zoned commercial and that the
street and highway facilities are appropriate to support it even if that access gets closed. Mr. Choate
clarified that it is not a condition that the access gets closed as it is within the jurisdiction of CDOT.
Mr. Hodges appreciated that comment and added that they just want to make sure that there is no language
that indicates that this access is to be definitely closed because that is not the discussion they have had
with CDOT. Mr. Hodges stated that this is on record so they will no longer pursue the requested
amendment.
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 COZ17-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola,
Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Cherilyn Barringer, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
No: Gene Stille.
Commissioner Stille said that he doesn't believe it is compatible with the surrounding land uses and cited
Section 23-2-30.A.2.
CASE NUMBER: 1MJUSR17-02-1366
APPLICANT: SHAWN & STACEY GREATHOUSE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT TO A USE
BY SPECIAL REVIEW PERMIT NUMBER USR17-02-1366 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,
(MAJESTIC FENCE COMPANY) TO INCLUDE MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (THE STAGING, STORAGE AND PARKING AND MAINTENANCE OF
EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT) 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: LOT B CORRECTED REC EXEMPT RE -2720; PART S2SW4 SECTION 32, T5N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50; WEST OF AND ADJACENT TO CR
15.5.
Kim Ogle, Planning Services, presented Case 1MJUSR17-02-1366, 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 Wailes noted that he knows the applicants; however he feels he can make a fair and impartial
judgement and has not received any financial benefit.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Stacey Greathouse, 24155 CR 15.5, Johnstown, Colorado, stated that they are looking to add some
additional options for their property, such as the oil and gas support facilities that staff mentioned.
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 1MJUSR17-02-1366 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 Jordan Jemiola, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
The Chair called a recess at 2:35 pm and reconvened the hearing at 2:40 pm.
CASE NUMBER: USR17-0006
APPLICANT: HECTOR RAMON FLORES SALGADO AND ROSA RUVALCABA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (COMMERCIAL TRUCK PARKING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: ALL THAT PART OF THE SOUTH 245.9' OF THE WEST 10 ACRES NW4SE4
SECTION 11, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO E. 18TH STREET AND APPROXIMATELY 100
FEET EAST OF HEMLOCK AVENUE.
Diana Aungst, Planning Services, presented Case USR17-0006, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) letter was received with concerns about the fence.
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 and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site. Because the applicant is
not going to build another building, she recommended removing amending Condition of Approval 1.B.12 to
read "The applicant shall show and label drainage flow arrows".
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Brian Bagley, Bagley Law Firm, 630 15th Avenue, Longmont, Colorado, stated that the applicants want to
store some trucks on the property. He added that they don't intend to change anything on the property.
The drivers will come to the site in the morning and arrive again in the evening. Mr. Bagley stated that the
applicants agreed to install a 9 -foot fence, as that was a concern with their neighbor, Ms. Flynn. He said
that there is currently a 3 -foot chain link fence along with property.
Commissioner Jemiola asked how many trucks will be on site. Mr. Bagley said that currently there are 6
trucks; however, they are requesting 7 trucks and trailers.
6
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Elvira Flynn, represents her mother who lives adjacent to the property, and said that they have no objections
to the request but doesn't want an oppressive fence between the properties. She added that they are
happy right now and they don't want a 9 -foot metal fence 15 feet from the house. She added that if they
don't like the view they will plant more shrubs and vegetation.
Commissioner Cope reminded Ms. Flynn that this USR would run with the land so if ownership were to
change her mom might feel differently. Ms. Flynn still felt that the existing fence was acceptable.
Mr. Bagley said that the applicants would like to keep the fence at three (3) feet given that there are no
complaints from the neighbors. He added that should it become a problem in the future, the applicants are
willing to address that.
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 USR17-0006 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 Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
Commissioner Barringer said that the neighbor is being extremely generous and hopes that if she has any
issues in the future that the applicant would address them kindly.
Commissioner Cross echoed Ms. Barringer's comments.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:09 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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