HomeMy WebLinkAbout20250841.tiffHearing Certification
Docket No. 2025-16
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR24-0002, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
A public hearing was conducted on April 2, 2025, at 10:00 a.m., with the following present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
The following business was transacted:
le I hereby certify that pursuant to a Notice dated February 14, 2025, and duly published
February 19, 2025, in the Greeley Tribune, a public hearing was conducted to consider
the request of Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC,
for Use by Special Review Permit, USR24-0002, for a Solar Energy Facility (SEF) outside
of subdivisions and historic townsites in the A (Agricultural) Zone District.
Karin McDougal, Deputy County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, and described the sign posting and location of the site. She relayed 23 referrals
were sent out, 13 responded without concerns or included conditions that are addressed
in the Development Standards or Conditions of Approval, and ten (10) agencies did not
respond. She explained no permanent employees will be onsite during operation and
maintenance visits are expected to occur quarterly. Ms. Aungst shared the western
portion of the property is located on the Lone Tree Creek floodplain; therefore, if the area
within the floodplain is disturbed, a Floodplain Development Permit is required, and a
Decommissioning and Reclamation Plan was submitted. She explained the original USR
was submitted in March 2024, and the subsequent referral solicitations were described.
She described the surrounding Zones and Uses, stating Notice was sent to surrounding
property owners (SPOs) with no communication received back. She explained the site is
located in an area which can support this development, with the Development Standards
(DS) and Conditions of Approval (COA) assisting in mitigation of impacts of the facility on
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2025-0841
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Hearing Certification (USR24-0002) — Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC
Page 2
the adjacent properties. She relayed the site is located within the three (3) mile referral
area of the City of Greeley and Town of Kersey; the City of Greeley stated no conflict with
their interest, and the Town of Kersey did not return a response. Ms. Aungst stated the
site is located outside the growth management area of both the City of Greeley and Town
of Kersey; however, it is located within the Coordinated Planning Agreement area of the
Town of Kersey, with the Town returning the Notice of Inquiry (NOI) stating they would
not pursue annexation. She shared, per the Development Review staff, access is located
at County Road (CR) 64, which is an existing, permitted, access location, a commercial
access permit is required, and the access shall be upgraded to meet the commercial
standards. She relayed construction traffic is expected to average 50 daily round trips of
passenger vehicles, equipment hauling trucks, delivery trucks, and fuel trucks, and during
operation there will be one (1) monthly round trip of a utility vehicle. Additionally, a Road
Maintenance Agreement is required, including, but not limited to, dust control and damage
repair to specified haul routes, during construction. She stated a Drainage Narrative was
submitted, which meets the Stormwater Detention Exception, and the proposed facility
includes an area within the 100 year floodplain for Lone Tree Creek; therefore, a
Floodplain Hazard Development Permit is required prior to any development and no
development or storage should occur that would constrain the flows of the tributary.
Ms. Aungst relayed, per the Department of Public Health and Environment staff, since no
employees will be located at the site, permanent water and sewer is not required, and
screened, portable toilets are acceptable during construction. She relayed a Dust and
Weed Mitigation Plan was submitted, the Health Department has DS #27 through #32
that shall be adhered to, and there are no outstanding items with the request. Ms. Aungst
entered the favorable recommendation of the Planning Commission into the record, as
written, and displayed images of the site and surrounding views.
In response to Chair Buck, Kristy Weyerman, Sunshare, LLC, indicated they had not
had contact with any of the Commissioners regarding this case. Ms. Weyerman narrated
a PowerPoint presentation (Exhibit E), reiterating the comments of Ms. Aungst. She
relayed there are no surrounding property owners within 500 feet of the site, and an eight
(8) foot tall game fence will surround the project, outside of the floodplain. She explained
the next steps for the operation and shared the landowner currently has water rights;
however, they had to purchase additional water to plant and sustain crops.
Ms. Weyerman explained a dryland seed mix will be used to provide vegetation
management, along with sheep grazing, and the sheepherder will provide their own water,
as needed. She described the community meeting held on December 17, 2024, sharing
one person raised concerns which have been addressed. In response to
Commissioners Ross and James, Ms. Weyerman confirmed the water situation,
reiterated the sheepherder will haul water as needed, and acknowledged those trips were
not calculated as round trips but can be added to the Road Maintenance Agreement. In
response to Commissioner Peppler, Ms. Weyerman confirmed the pivot sprinkler will still
be in use. Commissioner Maxey clarified the new direction of the pivot sprinkler,
explaining the new configuration will only cover half of what was historically irrigated.
2025-0841
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Hearing Certification (USR24-0002) — Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC
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Janice Carson, applicant, relayed the history of the family farm, which has historically
been part of the Lone Tree Lateral Ditch system. She described the last year of water
depletion and lack of access for rented water, and shared her long-term goal to keep the
property as a family farm. Commissioner Ross shared his struggle to see prime
agricultural ground removed from production. Ms. Carson relayed they have no other dry
ground to relocate the proposed facility and stated the water scarcity may prevent the
planting of crops for next year.
El No public testimony was offered concerning this matter.
El In response to Chair Buck, Ms. Weyerman relayed she has been working with
Colorado Parks and Wildlife (CPW) regarding their setback requirements for a high
priority habitat buffer for an aquatic native species conservation water, which would entail
a 500 -foot setback, which has since been released. In response to Commissioner James,
Ms. Weyerman confirmed an intricate explanation of proof was sent to CPW regarding
use of the land. Commissioner Maxey expressed his frustration with CPW's perceived
standards placed on land use cases. Ms. Weyerman asked for consideration of removal
of COA #1.B, regarding CPW, also COA #1.E regarding NGL. Commissioner Maxey
stated the maps should satisfy the requirement of the crossing. Commissioner James
shared he believes COAs #1.B and #1.E are hereby satisfied. Commissioner Ross stated
COA #1.G does not apply since the use is not within 500 feet of surrounding residents.
Commissioner Maxey shared his appreciation of the applicant's explanation concerning
the lack of water; however, he also referenced adhering to Section 23-3-10, and
protection of agriculture from impacts of other land uses. He cited DS #14 regarding
interference with the irrigation system, and suggested DS #17 and #18 could also be
stricken. Commissioner Ross explained DS #14 should be retained, as other water
systems are nearby and could potentially incur damage. The Board agreed to the strike
out of DS #17 and #18. Ms. Weyerman requested DS #14 be modified to state that the
pivot irrigation of the field is being affected due to the lack of water. Commissioner Ross
objected that water can be brought to the site, so DS#14 should remain to ensure the
SEF is not allowed to prevent that option.
No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
For staff's clarification, Commissioners Ross and Maxey confirmed COA #1.B and
#1.E be stricken from the Resolution. No public testimony was offered on the additional
deletion of COAs.
IE Commissioner James moved to approve the request of Janice and Donald Carson,
c/o SunShare, LLC, dba Goldfinch Solar, LLC, for Use by Special Review Permit,
USR24-0002, for a Solar Energy Facility (SEF) outside of subdivisions and historic
2025-0841
PL2951
Hearing Certification (USR24-0002) — Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC
Page 4
townsites in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development
Standards, as amended. The motion was seconded by Commissioner Maxey, and it
carried four (4) to one (1) with Commissioner Ross voting in opposition. There being no
further discussion, the hearing was completed at 11:15 a.m.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 21st day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0841
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