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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR24-0011
Samuel and Laura Gavito
11192 County Road 23, Fort Lupton, CO 80621
AGPROfessionals c/o Hannah Dutrow
3050 67th Avenue, Greeley, CO 80634
Hearing Date: August 6, 2024
A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas
Support and Service (truck parking) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
11192 County Road 23, Fort Lupton, CO 80621
Lot A of Recorded Exemption RE -4146; being a part of the SW4 of Section 1, Township
2 North, Range 67 West of the 6th P.M., Weld County, CO
East of and adjacent to County Road 23 and approximately 0.63 miles north of County
Road 22.5
Size of Parcel: +/- 7.15 acres Parcel No. 1311-01-3-00-001
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Fort Lupton Fire Department, referral dated May 23, 2024
➢ Weld County Oil and Gas Energy Department, referral dated April 30, 2024
➢ Weld County Department of Public Health and Environment, referral dated May 21, 2024
➢ Weld County Department of Planning Services — Code Compliance, referral dated May 21, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated May 22, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Firestone, referral dated May 3, 2024
➢ Town of Platteville, referral dated May 2, 2024
➢ City of Fort Lupton, referral dated May 22, 2024
➢ Colorado Parks and Wildlife, referral dated May 7, 2024
➢ Weld County Sheriff's Office, referral dated May 7, 2024
➢ Weld County School District RE -8, referral dated May 8, 2024
➢ Central Weld County Water District, referral dated May 24, 2024
➢ State of Colorado, Division of Water Resources, referral dated May 14, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Platte Valley Conservation District
USR24-0011 I Gavito
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Case Summary:
The applicants, Samuel and Laura Gavito, are requesting a Use by Special Review for truck parking for up
to nine (9) semi -trucks and nine (9) trailers for their business known as Gavito Trucking. Gavito Trucking
hauls equipment and materials to oil and gas sites. There will be up to nine (9) employees. There are
currently three (3) employees who pick up their trucks and leave for off -site operations. Hours of operation
are proposed to be 5:00 a.m. and 7:00 p.m., Monday through Sunday (7 -days a week). The parking of the
trucks and storage of any related equipment will occur 24/7.
There is an existing 2,900 SF residence, 1,200 SF livestock shelter, and a 3,500 SF hay shed. No additional
structures are proposed to be utilized with this USR.
The property is below the grade of the road but the because the trucks are parked approximately 1,000 feet
east of County Road 23 along the north and west side of the hay storage building, no screening or
landscaping is requested by staff.
This case is an active Zoning Violation (CCV23-00226) which was initiated due to the presence of a trucking
business on the property without first completing the necessary Weld County Zoning Permits.
If this application is approved, all conditions of approval completed, and the final (USR) map is recorded,
the Code Violation (CCV23-00226) will then be closed. If this application is denied then all but one (1)
Commercial Vehicle, as allowed as an Accessory Use in the Agricultural Zone District, shall be removed
from the property within thirty (30) days of the denial, otherwise, this case will be forward to the County
Attorney's Office for legal action.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor
operations."
The subject property has historically been used for residential purposes. The location of the
parking area and the existing buildings on the approximate seven (7) acre parcel limits the
amount of land that can be devoted to agricultural uses; however, the business does support
agriculture in the County. Colorado Parks and Wildlife stated that this site is project is on the
edge of the 1/2 -mile buffer for a Bald Eagles nest and within Mule deer severe winter range
and recommends starting construction outside of the Mule deer winter season (December 1 -
April 30). No construction is proposed with this USR.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses."
The parcel is small, about seven (7) acres, but the nearest residence is approximately 650 feet
south of the site. The semi -truck parking is set back from County Road 23 and is partially
screened by the existing buildings. The noise and dust generated by the trucks will be minimal
as there are only nine (9) trucks.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. -- Intent, of the Weld County Code states, "Agriculture in the County is
USR24-0011 I Gavito
Page 2 of 9
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
Section 23-3-40.V. Uses by Special Review, of the Weld County Code allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District.
Section 23-1-90. states that Oil and Gas Support & Service includes trucking companies
principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc.
This code section allows the applicant to apply for the oil and gas truck parking.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops
and rural residences.
There are four (4) USRs within one mile of the site. USR-1391 for a retail shop that sells trees,
shrubs, decor, and jewelry, USR-1639 for a directional drilling company, USR14-0042 for a 20 -
inch high-pressure natural-gas pipeline, USR13-0035 for a greater than 10 -inch natural-gas
pipeline, and USR17-0072 for a gravel mine.
The Weld County Department of Planning Services sent notice to six (6) surrounding property
owners within five hundred (500) feet of the subject property. Three letters were received, one
(1) in support of the USR and two (2) with questions/concerns about the request. The
application materials did include a letter of support from a nearby neighbor. The concerns
outlined in one (1) of the letters generally pertain to the sixteen (16) -foot easement, utilized for
access by the applicant and the property owner to the east; including concerns about damage
to an irrigation pipeline and the option for reimbursement if the irrigation pipe were to be
damage and encroachment and/or obstruction of the easement. The three (3) surrounding
property owner letters were sent to the authorized agent on May 29, 2024 and a response
email, dated July 23, 2024, was submitted that stated the easement if a civil matter to be
addressed between the two (2) individual property owners and answer the specific questions
concerning the operations of the business.
The proposed use is in an area that can support this development and 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.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Fort
Lupton and the Towns of Firestone and Platteville. As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI). The City of Fort Lupton submitted a Notice
of Inquiry dated March 28, 2024, that states, "The site is located on the Platteville side of our
[Platteville and Fort Lupton] IGA but is in our [Fort Lupton] Planning Area. We [Fort Lupton] are
not interested in annexation at this time but will review and comment on any future submittals."
The Town of Firestone submitted a Notice of Inquiry dated February 29, 2024, that states. "Per
existing IGAs with Ft. Lupton and Platteville, Firestone will not annex east of CR 19." The Town
of Platteville's NOI stated that they are not interested in annexation.
USR24-0011 I Gavito
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The site is located within the Urban Growth Boundary and the Three Mile Area Boundary for
the Town of Platteville, the Town of Firestone and the City of Fort Lupton. The land use
classification on Platteville's Three Mile Area Plan, dated December 2021, is Agricultural
Holding which, according to the 2017 Town of Platteville's Comprehensive Plan, "...is intended
to encourage the sustainability of the regional agricultural and energy economy, discourage
leapfrog development and ensure that land develops in a systematic and cost-conscious
manner."
The site is depicted on the Town of Firestone's Master Plan Map with a land designation of
Mixed Use which, according to the 2013 Town of Firestone Master Plan, "...provide urbanized
areas that can provide a live, work and shop style environment. Mixed Use areas and some
limited commercial use areas have been identified along major arterials which are expected to
carry increasing volumes of traffic over the years."
Additionally, the land use depiction on the City of Fort Lupton's 2020 Future Land Use Map, is
Mineral Zone. The Fort Lupton Comprehensive Plan, adopted in 2018, states that Mineral
Zones are "...along the South Platte River which include significant mineral resources."
The site is also located within the three (3) mile referral areas of the Towns of Platteville and
Firestone as well as the City of Fort Lupton. These municipalities submitted referral agency
comments dated May 2, 2024, May 2, 2024, and May 22, 2024 respectively stating that they
have no comments.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 63% of the
site consists of low -slope (0-3%) Ellicott-Ellicot sandy -skeletal complex classified as "Prime
farmland if irrigated", about 33% of the site consists of moderately steep slope Ustic
Torriorthents which is classified as "Not Prime Farmland", and another 3% of the site consists
of (0-3%) Altvan loam which is classified as "Prime Farmland if Irrigated". No Prime Farmland
will be removed from production.
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 proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
USR24-0011 I Gavito
Page 4 of 9
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the referral comments of the Fort Lupton Fire Department, as
stated in the referral response dated May 23, 2024. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated April 30, 2024. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes during construction.
(Development Review)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0011 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the existing landscaping and/or screening. (Department of
Planning Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet
of right-of-way at full buildout. The applicant shall delineate and label on the USR map the
future and existing right -of- way (along with the documents creating the existing right-of-
way) and the physical location of the road. If the existing right-of-way cannot be verified it
shall be dedicated. The applicant shall also delineate the physical location of the roadway.
Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. (Development Review)
9. Show and label an access point, onto CR 23, that meets Weld County Code. Include the
access usage type (i.e. Oil and Gas), the appropriate width, and the appropriate radii. The
access point will be reviewed as part of the USR map submittal. (Development Review)
10. Show and label the approved tracking control on the site plan. (Development Review)
11. Show and label the drainage flow arrows. (Development Review)
USR24-0011 I Gavito
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 USR map along with all other
documentation required as Conditions of Approval. The USR 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 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 Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat 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)
USR24-0011 I Gavito
Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Samuel and Laura Gavito
USR24-0011
1. A Site Specific Development Plan and Use by Special Review Permit, USR24-0011, for Oil and Gas
Support and Service (truck parking) outside of subdivisions and historic townsites 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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The hours of operation are 5:00 a.m. - 7:00 p.m. Monday through Sunday (7 -days a week). The semi -
trucks will be parked on -site 24 hours a day and the equipment will be stored on the site 24 hours a
day. (Department of Planning Services)
5. The number of employees shall be up to nine (9) as stated in the application materials. (Department of
Planning Services)
6. The number of on -site commercial vehicles shall be no more than nine (9), as stated in the application
materials. (Department of Planning Services)
7. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services)
8. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site.
(Department of Planning Services)
9. The parking area on the site shall be maintained. (Department of Planning Services)
10. The existing landscaping/screening on the site shall be maintained. (Department of Planning Services)
11. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable.
(Department of Planning Services)
12. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
14. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
16. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
18. 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)
USR24-0011 I Gavito
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19. 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)
20. 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 applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
21. 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)
22. Any On -site Wastewater Treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required
for business use. (Department of Public Health and Environment)
24. For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
25. 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)
26. 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)
27. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County 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. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
30. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
31. 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
USR24-0011 I Gavito
Page 8 of 9
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.
32. 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.
33. 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.
34. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
35. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
36. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
USR24-0011 I Gavito
Page 9 of 9
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
May 23, 2024
Kyle Hockstad
1601 Wewatta St, Suite 700
Denver, CO 80202
Subject: USR24-0010 - A Site Specific Development Plan and Use by Special Review Permit for a
Solar Energy Facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
Part of the SE4 Section 11, T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 2, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 31, 2024 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
lc
Chris Gathman
Planner
��1
From: Kyle Hockstad
To: Chris Gathman
Cc: Kyle Sundman
Subject: Re: FW: PRE23-0218 (Sunlight Farm) Completeness Review Comments
Date: Wednesday, March 6, 2024 8:39:55 AM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning, Chris,
Following up to ensure you received the updated CoC and check the status of our application
regarding the water rights.
Thank you,
Kyle
On Mon, Mar 4, 2024 at 2:45 PM Kyle Hockstad <khockstad@pivotenergy.net> wrote:
Hey Chris,
Please see the updated CoC attached.
Regarding the water rights and proceeding with the application, please let me know your
thoughts on my prior email.
Best,
Kyle
On Fri, Mar 1, 2024 at 12:15 PM Kyle Hockstad <khockstad@pivotenergy.net> wrote:
Hi Chris,
Thank you for the response and information.
1. Understood. I have requested the updated CoC and will provide once available.
2. We are still in discussions and negotiations around procuring water for this site and
it may be some time before we know either way. With that, Pivot is okay
with waiting to schedule any hearings until we have that sorted and finalized. That
way, the Planning Commission and Board of County Commissioners will have the
correct information at the time of the hearings.
o Would we be able to proceed with our application as is, acknowledging
hearings will be delayed until we have the water acquisition, or alternative
vegetation plan, finalized?
Best,
Kyle
On Wed, Feb 28, 2024 at 10:40 AM Chris Gathman <cgathman@weld.gov> wrote:
Dear Kyle,
In regards to #1 - I looked at the property that you are proposing this USR on. I did
consider whether or not to require an updated certification for a Chain of Title. The issue
is the lot is not an already platted lot (such as a recorded exemption), is less than 35
acres and borders two unplatted parcels to the south. That is why I am requiring and
update.
In regards to #2 — This does not demonstrate that water is or will be available for
agrivoltaics. You are Strongly advised to have the water rights worked out. Either a
lease in place or evidence of that a lease will be obtained. Your application indicates a
STRONG preference toward agrivoltaics — which would require irrigation water. How
will staff, Planning Commission or the Board of County Commissioners know that
water will be able to be leased from the neighbors? We had another case where the
applicant was looking at doing agrivoltaics and determined that water would need to be
hauled in. This modified the traffic information on the traffic narrative. This case needed
to be continued as a result. I don't want to be in the same position on this case.
When will you have an idea on whether agrivoltaics or the alternative and irrigation
water?
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
From: Kyle Hockstad <khockstad@pivotenergy.net>
Sent: Wednesday, February 28, 2024 8:00 AM
To: Chris Gathman <cgathman@weld.gov>
Cc: Kyle Sundman <ksundman@pivotenergy.net>
Subject: Re: FW: PRE23-0218 (Sunlight Farm) Completeness Review Comments
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello Chris,
Following up on this application and if anything further is required from me at this
time.
Best,
Kyle
On Mon, Feb 26, 2024 at 9:43 AM Kyle Hockstad <khockstad@pivotenergy.net> wrote:
Good morning, Chris,
Wanted to follow up on my last email to see if there were any further questions and if
this application has been deemed complete.
Best,
Kyle
On Wed, Feb 21, 2024 at 1:50 PM Kyle Hockstad <khockstad@pivotenergy.net>
wrote:
Hello Chris,
Thank you for the update and feedback.
Regarding your questions:
1. The application states that crop production under/between the panels is the
preferred alternative. Is there irrigation water and/or water rights associated
with the property?
o If utilized for crop production — where will water be obtained? Is water
onsite or would it be hauled from offsite.
o There is currently no irrigation or water rights associated with the
property. If utilized for crop production, Pivot Energy would look to
work with neighbors to lease water rights for the parcel.
2. Staff will not require before setting up the case — but please update the
Certificate of Conveyances so that it is current within 30 -days.
o Re -certifying the Chain of Title is a rather involved process, as Pivot
works with a consultant and must pay for the service, even though we
just went through this process in December. Is it absolutely necessary
that Pivot recertify? There have been a handful of projects Pivot
submitted in the recent past that did not require this update. Please let
me know if this is nonetheless required.
Please see the attached updated application form with my information added for
clarity.
Please let me know if you have any further questions. Is the application deemed
complete at this time?
Best,
Kyle
On Wed, Feb 21, 2024 at 10:26 AM Chris Gathman <cgathman@weld.gov> wrote:
Dear Kyle,
I still think it would be good to add Kyle to the application. You can both be on
their as authorized agent(s) if you'd like.
Our Clerk to the Board Office is very particular about contact information on
applications. Also, in the unlikely event that I am no longer on the case — it is
good to have so that whomever continues the case is aware.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
From: Kyle Sundman <ksundman@pivotenergy.net>
Sent: Wednesday, February 21, 2024 8:44 AM
To: Chris Gathman <cgathman@weld.gov>
Cc: Kyle Hockstad <khockstad@pivotenergy.net>
Subject: Re: FW: PRE23-0218 (Sunlight Farm) Completeness Review
Comments
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Chris - I remain in this project in a supervisory capacity so I dont think we need
to make any updates so long as you can include Kyle H in future
communications. Thanks
On Wed, Feb 21, 2024 at 8:27 AM Chris Gathman <cgathman@weld.gov>
wrote:
OK. Thanks Kyle. Your name is on the application. Make sure the application
form is updated to reflect that Mr. Hockstad is the authorized agent along with
his contact information.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
From: Kyle Sundman <ksundman@pivotenergy.net>
Sent: Wednesday, February 21, 2024 8:21 AM
To: Kyle Hockstad <khockstad@pivotenergy.net>; Chris Gathman
<cgathman@weld.gov>
Subject: Fwd: PRE23-0218 (Sunlight Farm) Completeness Review Comments
Caution: This email originated from outside of Weld County Government. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Chris, thanks. Acknowledging this is a bit confusing, there are two of us Kyle's
on the same team, and Kyle Hockstad is leading this project so please direct
communication to him. Feel free to cc me as well.
Kyle, see below from Chris re: PS59.
Thanks
Kyle
Forwarded message
From: Chris Gathman <cgathman@weld.gov>
Date: Wed, Feb 21, 2024 at 8:18 AM
Subject: PRE23-0218 (Sunlight Farm) Completeness Review Comments
To: Kyle Sundman <ksundman@pivotenergy.net>
Dear Kyle,
Completeness Review comments have been received.
Both Environmental Health and Development Review have indicated that the
application is complete.
The Department of Planning Services has remaining
question/item/clarification:
1. The application states that crop production under/between the
panels is the preferred alternative. Is there irrigation water and/or
water rights associated with the property?
If utilized for crop production — where will water be obtained? Is
water onsite or would it be hauled from offsite.
2. Staff will not require before setting up the case — but please
update the Certificate of Conveyances so that it is current within
30 -days.
I have attached the Statement of Authority and updated property deed.
These were too recent to show up in the Certificate of Conveyances.
Let me know if you have any questions.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
Hello