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Home My WebLink About20230328.tiffPlanner: Michael Hall Case Number: ZPSF22-0004 Applicant: Owner: Request: Legal Description: Location: Zoning: Parcel Size: Lease Area: ZONING PERMIT FOR SOLAR ENERGY FACILITY ADMINISTRATIVE REVIEW Global Sun Holdings, Inc., CO Land Acquisitions, LLC & SunShare, LLC dba Grizzly Solar, LLC c/o Corrina Kumpe 1724 Gilpin Street, Denver, CO 80218 Janssen Farms, LLC c/o Willis Janssen 13510 State Highway 14, Ault, CO 80610 Zoning Permit for Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone District. Part of the NW4 of Section 8, T6N, R65W of the 6th P.M., Weld County, CO South of and adjacent to County Road 72, east of and adjacent to County Road 39 A (Agricultural) Zone District ± 151 acres ± 3.51 acres Parcel #: 0803-08-0-00-005 Latitude: Longitude: 40.50549 -104.69669 The criteria for review of this Solar Energy Facility are listed in Section 23-4-470 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ■ West Greeley Conservation District, referral dated July 11, 2022 ■ Public Service Company of Colorado dba Xcel Energy, referral dated July 7, 2022 ■ Weld County Department of Public Health and Environment, referral dated July 7, 2022 ■ Weld County Department of Planning Services — Floodplain, referral dated July 10, 2022 ■ Weld County Department of Planning Services — Development Review, referral dated July 12, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ■ Weld County School District RE -2, referral dated July 7, 2022 ■ Weld County Public Safety Wireless Communications, referral dated July 1, 2022 ■ Weld County Department of Planning Services — Code Compliance, referral dated July 12, 2022 The Department of Planning Services' staff has not received responses from the following agencies: ■ Town of Eaton ■ Extraction Oil and Gas ■ Eaton Fire Protection District ■ North Weld County Water District Page 1 of 3 - ZPSF22-0004 Case Summary: The applicant, SunShare, LLC, is proposing a solar energy facility (SEF) that is less than five (5) acres in size, located on an undesirable corner parcel, with respect to productive farming. The proposed project will be comprised of solar panels mounted on single -axis tracking racks and will connect directly to the existing Xcel Energy owned distribution lines. The panels will be no more than ten (10) feet above grade at their highest point. The project lease area will include panels and inverters mounted on steel posts/beams, concrete -pad mounted transformers and other electrical equipment and perimeter fencing with gates. Property maintenance is expected to occur yearly. Denial: The Weld County Department of Planning Services has determined through an administrative review that the following requirement of Section 23-4-470.B of the Weld County Code has not been met and the ZPSF request is hereby denied. 1. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the 5 acre SEF within twenty-eight (28) days. Notice was sent to ten (10) surrounding properties owners within five hundred (500) feet of the subject property. Five (5) letters were received back, all in opposition to the project. After voluntary applicant outreach to those that were in opposition, two (2) surrounding properties owners submitted revised letters that changed their position to approval with conditions. However, at least thirty percent (30%) of surrounding property owners, being three (3) letters, remain in opposition to the request. Appeal Process: Per Section 23-4-475.C of the Weld County Code: If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 1. The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from referral agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. 2. If appealed, a public hearing shall be scheduled before the Board of County Commissioners and the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of lots within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. 3. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 4. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. ZPSF22-0004 Page 2 of 3 5. The Board of County Commissioners shall consider any testimony of owners of surrounding property and referral agencies concerning the effects of the zoning permit on the neighborhood and its compliance with the applicable criteria set out in this Code. 6. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 7. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Clerk to the Board in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. z/,v/ Michael Hall, Planner Page 3 of 3 - ZPSF22-0004 Date: November 28, 2022 Michael Hall From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Liz Scanlon -Rai <Iscanlon@mysunshare.com> Thursday, December 1, 2022 2:28 PM Michael Hall Maxwell Nader Re: Grizzly Solar - Next Steps Follow up Completed 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. Hi Michael, Thank you for the update. We understand the County's constraints on approving the ZPSF. We would like to appeal this denial and go to a BOCC hearing. Since we are permitting several other projects with the County at this time, we'd like to avoid having this hearing fall on the same date as other hearings we have. Would you be able to let me know which dates would be available to us for a hearing? Thank you! On Mon, Nov 28, 2022 at 2:47 PM Michael Hall <mhall@weldgov.com>wrote: Hello Liz, Thank you for the patience... We have been discussing options for the situation as a staff. The Planning Director and Planning Manager do not feel comfortable with evaluating the quality of the Surrounding Property Owner (SPO) comments, even if their concerns could be addressed as conditions, as the SPO letters outrightly checked the objection box. As a result, this ZPSF is denied in accordance with Section 23-4-470.B and 23-4-475.C of the Weld County Code, see attached denial letter. 1 Should you wish to appeal this denial, your case will proceed to the BOCC for a hearing. At the hearing, you may make the argument that the SPO comments can likely be mitigated as conditions of approval. Should you wish to appeal, please let me know in writing. At that point, I will update the staff report for a denial recommendation and will then coordinate with the Clerk to the Board on potential BOCC hearing dates. Thank you, Michael Hall Planner II (970) 400-3528 mhall@weldgov.com 1555 N17th Avenue Greeley, CO 80631 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Liz Scanlon -Rai <Iscanlon@mysunshare.com> Sent: Thursday, November 10, 2022 2:11 PM To: Michael Hall <mhall@weldgov.com> Subject: Re: Grizzly Solar - Next Steps 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. 2 Hi Michael, I just wanted to follow up on this email. Please let me know what you think. I'm happy to jump on a call to discuss further if that would be helpful. Thanks! On Wed, Nov 9, 2022 at 12:41 PM Liz Scanlon -Rai <Iscanlon@mysunshare.com>wrote: Hi Michael, Unfortunately I don't know that we are going to be able to get under the 30% threshold for neighbor feedback. Two of the five neighbors are not interested in changing their feedback, and we cannot get ahold of the Kirkpatricks to discuss the project. The Kirkpatricks were one of the three neighbors who stated that they wanted vegetative screening (and road improvements, which we cannot fulfill). We have spoken to the other two neighbors who made this same request, and those two neighbors have re -submitted their feedback as conditional approvals. We have tried numerous times, and through multiple means, to reach the Kirkpatricks, but have had no success. Given what they asked for in their initial feedback, is there a way that we can move forward by fulfilling the conditions posed by the three neighbors? If that is not possible, then I think we will need to proceed with getting a hearing date set up. Please let me know what you think and thank you! LIZ SCANLON-RAI PROJECT DEVELOPER SHE/HER/HERS LSCAN LON@ MYSU NSHARE.COM 3 M. (240) 447-3708 MYSUNSHARE.COM 47er-e 1SunSham (OMNI RITT $DLL.R LIZ SCANLON-RAI PROJECT DEVELOPER SHE/HER/HERS LSCANLON@MYSUNSHARE.COM M. (240) 447-3708 MYSUNSHARE.COM isLnshare ae��enrr aou� CONNfhlttt SQiti LIZ SCANLON-RAI PROJECT DEVELOPER$ SHE/HER/HERS LSCANLON@MYSUNSHARE.COM $ M. (240) 447-3708 MYSUNSHARE.COM 4 Hello