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Home My WebLink About20162933.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola, 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: PRESENTED BY: REQUEST: ORDINANCE 2016-11 (UTILITY SERVICE FACILITY) MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Terry Cross. VOTE: For Passage Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wades Terry Cross Tom Cope Gene Stille Against Passage Absent Bruce Johnson 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 September 6, 2016. Dated the 6th of September, 2016 Kristine Ranslem Secretary 2016-2933 Sec. 23-1-90. - Definitions. MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities, wastewater treatment facilities, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater including extension, expansions or enlargements thereof. UTILITY SERVICE FACILITY: Public utility mains, lines, SUBSTATIONS, gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, and accessory STRUCTURES where no PUBLIC office, repair or storage facilities are operated or maintained. 1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 6, 2016 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 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, Joyce Smock, Terry Cross, Tom Cope. Absent: Bruce Johnson, Michael Wailes. Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Hayley Brown, Department of Planning Services — Engineering Division; Ben Frissell, Department of Health; Janet Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the August 16, 2016 Weld County Planning Commission minutes, Moved by Terry Cross, Seconded by Tom Cope. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR 16-0023 70 RANCH LLC, CIO BONANZA CREEK ENERGY CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FORA MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (COMPRESSOR STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT. ALL OF SECTION 19 AND PART OF SECTION 20, T5N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 3 MILES NORTHEAST OF CR 69 (AT RIVERSIDE INTAKE CANAL) AND NORTH OF AND ADJACENT TO CR 54 SECTION LINE. Chris Gathman, Planning Services, presented Case USR16-0023, 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 and access to the site. Hayley Brown, Engineering, reported on the drainage conditions for the site. (Michael Wailes entered the hearing at 12:37 pm.) Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Melissa Mayer, Bonanza Creek Energy, 410 17th Street, Denver, Colorado, stated that it is an existing facility that was built in 2012. They were not aware that a land use permit was required at that time. She added that they have had an increase in the amount of gas going through the compressor site; therefore CDPHE and COGCC asked them to add the three environmental control devices which triggered the land use permits through Weld County. Commissioner Smock asked how many acres the facility will cover. Ms. Mayer said that the site will cover 2.36 acres. Mr. Gathman said that the USR will only cover the 2.36 acres because the applicant has also submitted a Subdivision Exemption for the 2.36 acres, which is processed concurrently with the USR permit. He added that when the applicants submitted the USR application the Subdivision Exemption was not recorded; therefore the existing properties of record are used. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 1 Motion: Forward Case USR15-0048 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 Stifle. Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0). Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stifle, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope. No: Joyce Smock. Commissioner Smock cited Section 23-1-40.B.7 regulating the use of land on the basis of the impact of land use changes on community or surrounding areas and Section 23-2-220A4 that the uses will be compatible with future development of the surrounding area. She added that she gets concerned when she hears that they are taking trucks off the road because when you take them off of one place you put them on another and believes that will happen there as well. Commissioner Sparrow said that he is slightly uncomfortable with the water table discussion. CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2016-10 (SIGN) MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE Michelle Martin, Planning Services, presented Ordinance 2016-10 and provided a brief description of the proposed code changes relating to signs. The Chair asked if there was anyone in the audience who wished to speak for or against the proposed code changes. Trevin Bensko-Wecks, Lamar Advertising, 2649 East Mulberry Street, Ft. Collins, Colorado, stated that they have a sign along Highway 119, west of Interstate 25. He said that digital signage from both a public service message and also from an advertising perspective works because it enables people to do real time advertising or community messaging. He added that at the current three hour change limit, the real time is taken away. He said that they support the proposed code changes. Commissioner Jemiola asked about adding more repetitions per minute. Ms. Martin stated that they have proposed these changes to match CDOT's standards. Commissioner Stille asked if there is a limit on the number of words. Ms. Martin replied no. Motion: Amend the number of revolutions to six (6) and Forward Ordinance 2016-10 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Tom Cope. Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0). Yes: Cherilyn Barringer, Gene Stille, Jordan Jemiola, Terry Cross, Tom Cope. No: Bruce Sparrow, Joyce Smock, Michael Wailes. Commissioner Wailes said that he is concerned that multiple governmental agencies have separate sign revolutions and would rather have the County align with the CDOT's codes. Commissioner Smock agreed with Mr. Wailes and added that she would like it to remain as proposed. CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2016-11 (UTILITY SERVICE FACILITY) MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE Michelle Martin, Planning Services, presented Ordinance 2016-11 and provided a brief description of the proposed code changes relating to utility service facilities, The Chair asked if there was anyone in the audience who wished to speak for or against the proposed code changes. 5 Susan Innis, Xcel Energy, 1800 Larimer Street, Denver, Colorado, stated that she appreciates working with staff to clean up the code. She said that Xcel Energy does have some concerns about this change as it removes their opportunity to develop electric substations as a use by right in the agricultural zone district. She added that they currently have a facility (Cloverleaf) under construction that was allowed as a use by right, according to the Weld County Code. Ms, Innis requested postponement of this proposed code change and allow the planning department staff to work with stakeholders to review the code and look more comprehensively at ways to clean up the code without removing this use by right for substations. The Chair asked staff if they agree to the continuation. Ms. Martin said that staff is comfortable voting on it today since there are three readings with the Board of County Commissioners. She added that she had a conversation with United Power and indicated that they are comfortable with the proposed changes. Commissioner Cope asked how many other situations like Ms. Innis described occurs in a year. Ms. Innis said that the Cloverleaf is the only one in the past few years that has been allowed under the use by right, but as everyone hopes the oil and gas industry picks back up they will probably be called on to provide service to new facilities in short time. Ms. Innis also said that in addition to this particular code change they have some concerns about the difference between Use by Special Review and 1041 permitting processes as there seems to be some uncertainty with those as well. The Chair asked if there are any plans to meet with utilities to try and work on code changes. Ms. Martin stated that they can meet with Xcel Energy and discuss the proposed changes. Motion: Forward Ordinance 2016-11 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Terry Cross. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stifle, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross, 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 3:27 pm. Respectfully submitted, Kristine Ranslem Secretary 6 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article I SECTION(S) PROPOSED TO �,E MODIFIED: Sections: 23-1-90 PA i IONALE FOR MODIFICATION: This code change would clearly define substations under the definition of Major Facilities of a Public Utility or Pubic Agencies. PROPOSED MODIFICATION: Sec. 23-1-90. - Definitions MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public Agencies operating or constructing a mine, ELECTRIC TRANSNMS.Sfin LINES, domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical uti lities, wastewater treatment facilities, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater including extension, expansions or enlargements thereof UTILITY SERVICE FACILITY: Public utility mains, lines, SUBSTATIONS, gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, and accessory STRUCTURES where no PUBLIC office, repair or storage facilities are operated or maintained. EXHIBIT INVENTORY CONTROL SHEET ORDINANCE 2016-11 Exhibit Submitted By Description 4 2507 11 10/2016 Car Koppes III Susan Innis A Xcel Energy B. C E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U V. W. Page 0 A k a Presented at Planning Commission 9/6/16 — Letter of Concern 4 of 6 R Fee:$ ecorder 0 CO 2016-2933 Michelle Martin From: Sent: To: Cc: Subject: Dear Tom and Michelle Innis, Susan A <Susan.A.Innis@xcelenergy.com> Friday, September 02, 2016 3:25 PM Tom Parko Jr.; Michelle Martin Bruce Barker; McNeish, Gilbert F.; Stencel, Julie A; Walker, Jeffrey A; Holscher, Derek D; Kirkpatrick, Elizabeth A planning commission hearing on substation definition change My team from Xcel Energy appreciated the chance to meet both ofyou on August 25th ' . _ g regarding permitting issues. Based on discussions at that meeting and prior discussion with County representatives this p es on this topic, we were surprised to learn that a code change relative to utility facilities would be heard at the Plan ning Commission meeting on September 6th. In August 2015 we sat down with County staff to discusspermitting of substations, the need for clarity and changes in the code, and how best to move that forward in a collaborative manner. this In April of this year, Gil McNeish with the law firm of Spencer Fane & Grimshaw, LLP, reached out to Bruce Barker on behalf of Xcel to follow up on our August 2015 conversation. Based on Bruce's response to Gil in p April, we had expected to hear from county staff well in advance of any proposed changes to the code, and continued gontinued to believe we would have an opportunity to engage in a dialogue about any ro osed changes before such p g items would be heard by the Planning Commission. We still hope to be able to you engage within that dialogue. We have concerns about the impacts of the proposed code changes, independently prepared � p y p pared by County staff, being proposed on Tuesday. The code change effectively removes a utility's use ' y by right to build substations in the agricultural zone district. While the County may feel this change is warranted, this is not a land right we are prepared to passively give up without further discussion. In addition, the language chan e regarding g substations does not address the broader concerns we raised with the County in August 2015 regarding inconsistencies g ga ding the inconsistencies in the County code relative to USR, 1041, and other permit requirements for electric transmission q ansmission and substation projects. At Tuesday's Planning Commission meeting, I will attend and will respectfully ask the ' p y Commission to postpone hearing this issue so that the planning staff can more fully in a dialogue with engage e g g g stakeholders, including Xcel Energy, on these issues. Thank you in advance for your consideration to the concerns raised in this email. I ho pe after you have had a chance to review this email you will consider supporting a postponement. p p 507 /2016 10 Koppes, ges: AM - F and ► -cor 1 C EXHIBIT Dgb 2.oi6-11 05/06/ii Regards, Susan Innis Xcel Energy I Responsible By Nature Manager, Siting and Land Rights 1800 Larimer St, Suite 400 Denver, CO 80202 P: 3 03.5 71.7225 C: 720.3 52.1101 E: susan.a.innis@xcelenergy.com 42 507 Pages : = of 6 11/ 0/2016 ':20 AM R ee:$0 Carl Koppes erk a Re• rder, =1d ounty, III iri:i III II 2 Hello