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HomeMy WebLinkAbout20162974BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMIS RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for CASE NUMBER: APPLICANT PLANNER: REQUEST: LEGAL DESCRIPTION. LOCATION: USR 16-0022 WO WCR 28 LLC AND COLLEGE 43, LLC C/O SILICON RANCH CORPORATION DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MEDIUM SCALE SOLAR FACILITY IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT NE4NW4 NW4NW4: S2SW4. N2SW4; SW4NW4; SE4NW4: ALL LOCATED IN SECTION 32. T3N. R65W OF THE 6TH P.M. WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 28 AND EAST OF AND ADJACENT TO CR 39 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 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G - A. Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development. and should attempt to be compatible with the region." The applicant is requesting a USR for a Medium Scale Solar Facility (the Facility). The application materials state that a 6 -foot galvanized chain -link fence with three (3) strand barb wire on the top will surround the site Hardy shrubs are proposed along the north boundary (CR 28). no trees are proposed and the landscaping will not be irrigated. The remainder of the site will be seeded in grass which will be maintained. The application materials include a decommissioning plan that states at the end of the useful life the facility will be disassembled and/or demolished and the site will be reclaimed, re -contoured and re -vegetated. The proposed facility will generate minimal noise and traffic and in an area that can support this development and the existing screening. the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. Section 22-5-140 - AE. Goal 1 states, "Support and encourage research, development and use of alternative energy resources. " and Section 22-5-140 - AE. Policy 1.5. states, "Support the development and use of solar energy" The Medium Scale Solar Facility (the Facility) will deliver electrical energy to United Power under a 20 -year power purchase agreement. The Facility will generate about 20 megawatts (MW). Employees will visit and inspect the site on a quarterly basis. The Facility will operate 24 -hours a day / 7 -day a week. The individual solar modules will be mounted on single -axis tracking structures which will follow the east -west path of the sun. The modules will be mounted approximately five (5) feet above grade. The inverter stations are positioned within the Facility's interior. the inverters are approximately eight (8) feet in height. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-330.D.20. which allows for a Site Specific Development Plan and Use By Special Review Permit for a Medium Scale Solar Facility in the 1-3 (Industrial) Zone District. C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. RESOLUTION USR16-0022 WO WCR 28 LLC AND COLLEGE 43, LLC 0/O SILICON RANCH CORPORATION PAGE 2 The adjacent lands consist of pastures, crops, rural residences. and other industrial uses. There is a residence about 0.25 miles north of the site and another residence about 0.25 miles south of the site_ There are five (5) USRs within one mile of the site. MUSR15-0015 for solid waste disposal site and USR-1311 for a salvage yard and repair are located east of the site. Amended USR-1201 for a 6,000 head dairy, USR13-0001 and USR14-0081 both for mineral resource development facilities are all located north of the site. The Weld County Department of Planning Services has not received any phone calls. letters. or other correspondence from the surrounding property owners that object to this USR. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI, of the Weld County Code. The site is not in a floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on 6 parcels totaling 320 acres of which approximately 239.00 acres of the soils are designated as "Other". approximately 47 acres of the soils are designated as "Prime if they become irrigated". approximately 16 acres of the soils are designated as "Irrigated Land (not prime)", and approximately 18 acres of the soils are designated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map The USR will be on the site for 20 years so the land could be returned to agricultural uses, however, since this is an industrial zone is not likely to have agricultural uses on the site. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety. and welfare of the inhabitants of the neighborhood and County. 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 map: A. The applicant shall submit documentation to vacate SUP -128 (for 100,000 turkeys). (Department of Planning Services) RESOLUTION USR16-0022 WO WCR 28 LLC AND COLLEGE 43. LLC, C/O SILICON RANCH CORPORATION PAGE 3 B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0022. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code, (Department of Planning Services) 4) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 5) The map shall delineate lighting, if applicable (Department of Planning Services) 6) The map shall delineate the landscaping and/or screening as required under Section 23-4- 1030.C along the northern boundary only (Department of Planning Services) 7) Show all oil and gas production facilities and related setbacks. (Department of Planning Services) 8) County Road 28 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 9) The County Road 39 Section Line has 60 feet of unmaintained County line right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the map. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 10) Show and label the approved accesses (AP16-00289), and the appropriate turning radii on the site plan. (Department of Public Works) 11) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 12) The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 13) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 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 map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 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 added for each additional three (3) month period. (Department of Planning Services) RESOLUTION USR16-0022 WO WCR 28 LLC AND COLLEGE 43. LLC, C/O SILICON RANCH CORPORATION PAGE 4 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review. as appropriate. Acceptable CAD formats are .dwg, dxf. and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) The preferred format for Images is of (Group 4). (Group 6 is not acceptable) This digital file may be sent to maps(c�co.weld.co. us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Planning Services - Engineer) 6. 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) Motion seconded by Gene Stille. VOTE: For Passage Against Passage Bruce Johnson Bruce Sparrow Cherilyn Barringer Joyce Smock Terry Cross Tom Cope Gene Stille Absent Jordan Jemiola Michael Wailes 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 August 16, 2016. Dated the 16th of August, 2016 '44./Whina. Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.08.19 08:49:18 -06'00' SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WO WCR 28 LLC and College 43 LLC c/o Silicon Ranch Corporation USR16-0022 A Site Specific Development Plan and Use by Special Review Permit, USR16-0022. fora Medium Scale Solar Facility in the 1-3 (Industrial) 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 This is an unmanned facility. (Department of Planning Services) 4 The landscaping/screening on the site shall be maintained_ (Department of Planning Services) 5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6. The output of this solar facility shall not exceed 30 megawatts (MW). (Department of Planning Services) 7. The property owner shall control noxious weeds on the site. (Department of Public Works) 8 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5. C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. 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) 13. 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) 14 Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) RESOLUTION USR16-0022 WO WCR 28 LLC AND COLLEGE 43, LLC. O/O SILICON RANCH CORPORATION PAGE 6 17 A building permit may be required. per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code: 2014 National Electrical Code: A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 18. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 19. 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. 20. 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. 21. 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. 22. 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. 23 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, spaciousnesswildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment: slow -moving farm vehicles on rural roads: dust from animal pens, field work. harvest and gravel roads: odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes: hunting and trapping activities: shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields. including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A RESOLUTION USR16-0022 WO WCR 28 LLC AND COLLEGE 43, LLC. CIO SILICON RANCH CORPORATION PAGE 7 concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.. provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community_ It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches. lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County. and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads. no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must. by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. PC h'tinules pt 0 Rio SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETIN Tuesday, August 16, 2016 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 12:36 pm. Roll Call. Present: Bruce Johnson. Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock, Terry Cross, Tom Cope. Absent: Jordan Jemiola, Michael Wailes Also Present: Kim Ogle, Chris Gathman. Diana Aungst, and Ryder Reddick. Department of Planning Services; Hayley Brown, Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham. Public Works, Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the August 2, 2016 Weld County Planning Commission minutes. Moved by Bruce Johnson, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER APPLICANT: PLANNER. REQUEST LEGAL DESCRIPTION. LOCATION USR 16-0022 WO WCR 28 LLC AND COLLEGE 43 LLC, 0/O SILICON RANCH CORPORATION DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MEDIUM SCALE SOLAR FACILITY IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT NE4NW4: NW4NW4: S2SW4. N2SW4: SW4NW4: SE4NW4, ALL LOCATED IN SECTION 32. T3N. R65W OF THE 6TH P M WELD COUNTY COLORADO SOUTH OF AND ADJACENT TO CR 28 AND EAST OF AND ADJACENT TO CR 39 Diana Aungst. Planning Services, presented Case USR16-0022. 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 Smock asked what is allowed in the 1-3 Zone District. Ms. Aungst stated that recently the Board of County Commissioners approved code that allows for solar facilities to be placed in the Industrial Zone Districts. Ms Smock asked what other kinds of industry would be allowed in the 1-3 Zone District. Ms. Aungst said oil and gas operations and trucking facilities are pretty typical in the 1-3 Zone District. Commissioner Sparrow asked if there is anything in the Development Standards for weed control or prairie dog control. Ms. Aungst said there is language regarding weed control, however she is not aware of any language for prairie dog control. The Chair asked the Planning Commission if they want to add anything regarding prairie dog control. Commissioner Johnson said it would be in the best interest of the applicant to do that as it would destabilize some of their equipment. Mr. Johnson stated that he is more concerned with having no vegetation from the solar panels. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Brown, Engineering. reported on the drainage conditions for the site, Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirementson-site dust control, and the Waste Handling Plan. John Marcarelli, Silicon Ranch. 150 31 Avenue. Nashville. Tennessee, stated that this project will be serving United Power. Mr. Marcarelli said that the site was selected as there is an existing distribution line adjacent 1 ac'& 11711 to this site. The project is sized to serve the load in Weld County and added that it will not be exported energy to other counties. Peter Candelaria. 150 3' Avenue, Nashville Tennessee, stated that with respect to weed control or growth, the modules do articulate and turn with the sun. He added that they have looked at various seed mixes along with working with some of the local universities to identify the best seed mix. He added that they have not had any issues with vegetation not growing: however it is more of an issue of getting the right vegetation to grow at the rate they want it to grow. Mr Candelaria said that they will not move much earth as with previous projects. He added that they have not had issues with rodents in this area to give any concern. Commissioner Sparrow expressed concern with the surrounding land owners who would have to face that issue if this site had them and it wasn't addressed. Mr. Candelaria said that if there was an issue they would certainly address it: however they haven't had any concerns regarding prairie dogs Mr. Marcarelli said that with the oil and gas activity on site they estimate that 240 acres will be used for the solar facility_ Mr. Candelaria said that they are currently installing a project in Mead and added that they are working with the local high school to put together an area program. He added that the kids can get familiar with how solar works, how it is installed and how it can help the overall energy portfolio. Commissioner Stille asked if the water wells on site will be combined or eliminated. Mr. Candelaria stated that they may use the wells for construction: however their long term project will not be utilizing water from the wells on site Commissioner Sparrow asked how many megawatts this facility will be. Mr Marcarelli stated that this facility is approximately 20 megawatts in size. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Roy Wardell 16512 Essex Road North, stated that this is as good a place as any and does not object to the use He inquired if County Road 39 will be paved. Mr. Pinkham said that it is not required to be paved. Mr. Wardell highly urged Weld County to pave the road to eliminate dust issues. Additionally, Mr Wardell said that he is worried about erosion and suggested laying straw on any disturbed areas so it doesn't blow Joan Camp. PO Box 127, Platteville, Colorado, asked if there are other details they need to know about as owners of land. She does not know what potential problems there may be with construction of this project. especially regarding traffic and trucks. Mr. Candelaria referred to the comment of paving County Road 39 and said that they are not using County Road 39 as they will be accessing the site from the north. Mr Candelaria expressed interest in visiting with Mr. Wardell regarding erosion control as he may have some tips that might be useful. There is a 69 kV distribution line that runs along the north side of the proposed project and the point of interconnection is going to be a switch on that line. He added that there will be no additional infrastructure installed. Mr Candelaria said that they will plan to screen the north side of the property: however he requested that no landscape or fencing be required on the east, south and west side of the property, as there is some natural buffering with some of the existing berming Additionally, he said that they are asking for similar consideration to what the other properties have. which is galvanized fencing Ms. Aungst said that staff would like the applicants to meet the requirements of the new code. Under the 1-3 Zone District, landscaping and screening shall include decorative fencing, berming and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and right-of-ways. Mr. Candelaria said that the neighbors are currently using galvanized fencing and requested that they be able to use the same. Commissioner Johnson clarified if they still plan to have chain link fence surrounding the perimeter of the facility Mr Candelaria replied yes. Mr. Johnson asked if the concern is from the landscaping within the chain link fence. Mr. Candelaria replied yes and added that they plan to follow the landscape and screening 2 as requested by Weld County on the north side of the property; however they are requesting to use the chain link fence on the balance of the property as what is currently being used in the neighborhood. Ms. Aungst suggested amending Condition of Approval 1 B.6 to read "The map shall delineate the landscaping and/or screening as required under Section 23-4-1030.C along the northern boundary only." Motion: Amend Condition of Approval 1 B.6 as stated by staff, Moved by Tom Cope. Seconded by Terry Cross 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 USR16-0022 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson. Bruce Sparrow, Cherilyn Barringer. Gene Stille, Joyce Smock, Terry Cross, Tom Cope. Meeting adjourned at 3:45 pm Respectfully submitted, Digitally signed by Kristine Ranslem Date: 2016.08.19 08:37:35 -06'00' Kristine Ranslem Secretary 3 Hello