HomeMy WebLinkAbout20230206.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3, 2023
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,
Elijah Hatch, at 1:30 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Sam Gluck, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Butch White and Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Max Nader, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 6, 2022 Weld County Planning Commission minutes, Moved by Shana
Morgan, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER: USR22-0024 (CONTINUED FOM NOVEMBER 1, 2022)
APPLICANT: LYTLE FARMS, LLC, CIO SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B FAMILY FARM DIVISION, FFD21-0008; BEING PART E2SW4 SECTION
22, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.25 MILES EAST
OF CR 43.
Commissioner Morgan stated that she was the listing broker on this property when Mr. Lytle purchased it
in 2019 and wishes to recuse herself from this case.
Diana Aungst, Planning Services, presented Case USR22-0024, reading the recommendation and
comments into the record. Ms. Aungst noted that a petition signed by five (5) surrounding property owners
were received with concerns about noise, EMF radiation, light pollution, negative impacts on wildlife and
ecosystems and loss of property values. Additionally, a letter was received on October 31, 2022. Ms.
Aungst stated that the closest residence is approximately 750 feet south of the solar energy facility. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise standards and the Waste Handling Plan.
Elizabeth Scanlon, 1724 Gilpin Street, Denver, Colorado, stated that the parcel will remain in agricultural
use. The proposed solar project will be a 31.7 acre project on an 80 acre parcel. The site was selected
due to the close proximity to Xcel Energy's substation.
Ms. Scanlon stated that the landowner, Kaycee Lytle, purchased the property from a developer who
purchased the farm and immediately sold the water and mineral rights off of it. She added that they have
since renovated the original 1904 farmhouse and barn and cleaned up the property and farm ground and
brought livestock back on the farm for the first time in decades.
Ms. Scanlon stated that this will provide the opportunity to use the solar area for sheep grazing. Additionally,
Mr. Lytle is looking to transition from a flood irrigation to drip irrigation system as well as going to a no -till
agricultural operation. SunShare has come to an agreement with Mr. Lytle that they help finance some of
the drip irrigation system along with a grant from NRCS. This will continue to keep this land irrigated while
being more efficient and will decrease water demands by 70 percent. Ms. Scanlon added that Mr. Lytle
currently only has 1 of the 16 shares that he requires to fully irrigate this land.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Sean Jaehn, 20767 CR 66, stated that he lives approximately 0.25 miles away from the proposed site. Mr.
Jaehn said that he is pro -energy, oil and gas, wind, hydroelectric, and solar. He added that all of these
sources require substantial infrastructure, all of which is an eye sore. Mr. Jaehn said that from his property
he can see the DCP gas plant to the south which is a very large sprawling plant that has loud off -gassing
at all hours. Additionally, directly across the street from his residence is the beat dump of which two months
of hundreds of trucks in and out, no turn land and tearing up his grass. He added that there re hundreds
of beets in his driveway and front yard and an additional five months of loading which consists of the initial
thunder of putting beets into an empty truck and the backup beeping of the truck all hours of the night. To
the southeast of his property is the natural gas collection station where countless trucks bring in natural gas
to store in very large holding tanks and the lights that illuminate this operation make mile -high stadium look
like a candle. Mr. Jaehn stated that they created, at a very large expense, an outdoor living space that had
to be reinvented to the northeast which is facing this property to avoid of these other eye sores. He
expressed concern that it will be a gateway for another solar farm. He believes he has sacrificed enough
of the beautiful and quiet country living in his area. He asked the Planning Commission to deny installing
this solar farm.
Robert Taylor, 21193 CR 66, lives next to the landowner. Mr. Taylor lives out here to get the country feel
and located his house 750 feet back from the road. He expressed concern regarding the noise and the
wind blowing through them. He supports solar but he doesn't want them in his backyard.
Kaycee Lytle, landowner, thanked the neighbors for voicing their concerns. His family considered this solar
project for quite a while and they all like this site because of this proximity to the Xcel Energy substation.
He said that they feel this is the best option for him and his family. He added that the economics have
changes and wondered what the best use of their land is. It is becoming harder and harder to keep this
farm in a productive agricultural setting. This will allow them to continue to maintain the agricultural aspect
of the land. They will still grow crops and do the best they can with keeping it in agricultural.
Commissioner Gluck asked to clarify if the north half of the site is where the panels will be. The applicant
replied yes. Mr. Gluck asked if the south half will be for future development. Mr. Lytle said that they do not
intend to develop it but use it for their cow herd and agricultural.
Commissioner Holland asked what will be planted under the solar panels. Mr. Lytle said that it will be
perennial cover crop so it will be a mix of warm and cool season grasses that come back every year. He
added that the sheep will move throughout the different sections of the solar site so they will be managed
to have rotational grazing.
Commissioner Gluck asked if drip irrigation can be handled through 1 share of water. Mr. Lytle replied no
and added that he will be leasing some shares as well. To fully irrigate the farm he needs 16 shares of
water. Mr. Lytle said that by converting to the drip irrigation he will reduce the amount of irrigation water he
needs to buy at least 45% which is approximately 7 shares. Therefore, he would need to obtain 8 shares
of water.
Ms. Scanlon understands the concerns raised by the neighbors. She stated that this is an unmanned facility
so there will be no light pollution. While solar arrays produce electromagnetic fields it will be equivalent to
what you might find in a household appliance. Additionally, the noise that comes from a solar array is
approximately 58 decibels. She added that 150 feet away from a solar array you can't hear it over any
background noise. With regard to any visual disruptions this may cause, they are happy to further
collaborate with neighbors on any potential screening to mitigate the visual issue.
Commissioner Holland asked what generates the noise from the solar facility. Ms. Scanlon said that the
loudest noise is the trackers. The arrays are on single access trackers and tilt to follow the angle of the
sun throughout the day.
Commissioner Holland asked how many people signed this petition. Ms. Scanlon said that there are five
(5) signers are on the petition. She noted that one (1) one of the signers has since spoken with their
landman and added that a lot of his concerns have been addressed. Ms. Scanlon said that they did have
a neighborhood meeting, however, no one was in attendance.
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The Chair asked the applicant if they have read through the 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 USR22-0024 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 Skip Holland, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland.
Absent: Shana Morgan.
CASE NUMBER: USR22-0032
APPLICANT: JEREMY BROWN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP
TO 12%) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 13, BLOCK 1 INDIANHEAD SUBDIVISION; BEING PART OF SECTION 18,
T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO LAKOTA COURT; SOUTH OF AND ADJACENT
TO U.S. HIGHWAY 34 RIGHT-OF-WAY; APPROXIMATELY 1,350 FEET WEST
OF CR 15.
Commissioner Morgan stated that she knows the applicant but does not believe there is a conflict of interest.
Kim Ogle, Planning Services, presented Case USR22-0032, reading the recommendation and comments
into the record. Mr. Ogle noted that three (3) surrounding property owners contacted Staff with inquires;
however, no written correspondence was received regarding this application. The Department of Planning
Services recommends approval of this application along with conditions of approval and development
standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Jeremy Brown, 6697 Lakota Court, Loveland, Colorado, stated that they will be adding on a garage and a
kitchen and living room. The reason they want to add a garage is due to a theft from things they stored
outside. He added that they would have been fine, but then the rules changed in November so they are
going through the process to add on to their house.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the 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 USR22-0032 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 Michael Palizzi, Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland.
CASE NUMBER: PUDZ22-0003
APPLICANT: AMANDA, BRANDON, LISA AND MORIAH NGUYEN
PLANNER: MAX NADER
REQUEST: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) FOR SIX (6) RESIDENTIAL LOTS
WITH E (ESTATE) ZONE DISTRICT USES AND ONE (1) NON -BUILDABLE
OUTLOT WITH A (AGRICULTURAL) ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT D REC EXEMPT RECX20-0040; PART S2N2 SECTION 33, T1 N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31; APPROXIMATELY 0.5 MILES NORTH
OFCR2.
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Max Nader, Planning Services, presented Case PUDZ22-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval.
Commissioner Hatch asked why the City of Brighton does not want this to proceed. Additionally, he asked
if Brighton was initially interested in annexing this property. Mr. Nader deferred the question to the applicant
but added that Brighton essentially does not agree that this will be in agricultural use.
Commissioner Holland asked how many lots there will be. Mr. Nader said there are six (6) proposed small
lots on the east side and the larger 100 -acre lot on the west side.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Brandon Nguyen, 503 CR 31, Brighton, Colorado, stated that this is a cluster PUD to divide six (6) lots with
the intent for generation living. He added that their family would like to build individual homes and keep the
remaining property in agriculture.
Commissioner Hatch asked if Brighton was interested in annexing this property. Mr. Nguyen said that they
considered annexing into Brighton to get water without well, however, Brighton did not want to annex it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mary Lou Stewardson, 13918 CR 4, stated that they own the land north of this site. She is not objecting to
this, however, she stated that she is curious what the plans are for farming it. She added that they have
cattle, hay and have irrigation water on their property north of this site. Ms. Stewardson said it is a good
plan but doesn't understand how it will be accessed in terms of equipment and livestock. The water table
used in be three (3) feet below the surface and is now way out of site and is very dry. She is curious about
what the plan is for water and how they will raise their animals.
Brandon Nguyen said that their goal is not to build on the western half of the parcel and added that it will
remain in agricultural production. He said that they would be happy to meet with the neighbors to talk about
their agricultural plans. Mr. Nguyen said that with regard to water they have one (1) share and will work
with the previous landowner for utilizing the remaining four (4) shares he has.
The Chair asked the applicant if they have read through the 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 PUDZ22-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Skip Holland,
Seconded by Sam Gluck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck, Shana Morgan, Skip Holland.
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 3:00 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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