HomeMy WebLinkAbout20211212.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: April 20, 2021
Case Number: USR21-0004
Applicant: WETCO Farms Inc., 2055 181 Avenue Greeley, CO 80631
Representative: SunShare, LLC do Richard L. Miller, 1724 Gilpin Street, Denver, CO 80218
Request: A Site -Specific Development Plan and Use by Special Review Permit for Medium
Scale Solar Facility outside of subdivision and historic townsites in the A (Agricultural)
Zone District
Legal Part of the SW4 of Section 20, Township 4 North, Range 66 West of the 6th P.M.,
Description: Weld County, Colorado
Location: East of and adjacent to HWY 60 and north of and adjacent to CR 42
Size of Parcel: ± 35 acres Parcel No. 1057-20-3-00-021
The criteria for review of this Special Review Permit is 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:
Weld County Department of Public Works, referral dated February 24, 2021
Weld County Department of Public Health and Environment, referral dated February 12, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V V
Weld County Sheriff's Office, referral dated March 1, 2021
Colorado Parks and Wildlife, referral dated February 3, 2021
Weld County Zoning Compliance, referral dated February 4, 2021
Weld County School District RE -1, referral dated February 3, 2021
Central Weld County Water District, referral dated February 26, 2021
Platteville-Gilcrest Fire Protection District, referral dated February 4, 2021
State of Colorado, Division of Water Resources, referral dated February 8, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V
City of Evans
Town of Milliken
Town of Gilcrest
PDC Energy, Inc.
Town of Platteville
Western Mutual Ditch Company
Weld County Assessor's Office
Platte Valley Conservation District
USR21-0004
Page 1
Case Summary:
SunShare, LLC is requesting a Site Specific Development Plan and Use by Special Review Permit for a
Medium Scale Solar Facility (1.800 MW (AC)), on an approximately thirty-five (35) acre parcel. At full build
out the footprint of the proposed solar facility is expected to be approximately 14 acres. The inter -connecting
12.47 kV line is within the existing utility easement owned by Xcel Energy on the north side of Weld County
Road 42. The proposed solar facility will connect to the Gilcrest Substation owned by Xcel Energy,
approximately two (2) miles northeast of the subject property.
There will be a total of 5,472 solar modules at this proposed facility. According to the application materials,
the panels will be 400 -watt bi-facial module in which both side of the panels will convert sunshine to
electrical energy. The proposed facility will incorporate a motorized tracker system where the panels will
face east during the morning hours and track the sun throughout the day, facing west during the evening.
The panels will be at maximum height of ten feet (10'-0") during the early morning and late afternoon hours.
During the construction phase, there will be an average of twenty (20) construction personnel on the site
Monday through Saturday, from 7:00 AM to 6:00 PM. Portable toilets and portable water coolers will be
provided during the construction phase. After the construction phase is completed, the proposed facility will
be unmanned and will have routine maintenance performed by service technicians on the site
approximately once per quarter and as needed for other service.
There will be a 500 -foot setback from the western boundary of the solar facility. A wood screen fence
along the southern border is proposed to screen three (3) residences that are south of the site. No lighting
is proposed and there will be an identification sign with an 800 number to call and a warning sign posted
near the entrance of the facility.
There will be no permanent structures associated with the proposed solar facility. During the construction
phase, there will be a steel container (8' X 40'), located on the interior of the site, in the "Temporary
Stabilized Staging Area". The container will be a tan color and will be removed from the site when the
construction phase of the project is completed.
According to the Decommissioning Plan once the panels, electrical cabling, racking, support posts,
electronic devices, concrete foundations, and fencing have been removed the site will be restored to its
original condition.
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 and any other
applicable code provisions or ordinance in effect.
Section 22-22-30.A.3 states, "Limit the density and intensity of development to maintain
agricultural areas."
The site is in dryland agricultural production because there is no irrigation water. The owner
tried to dryland farm the land for about five (5) years and never got a profitable crop. The
solar facility will have a footprint of about thirty-five (35) acre section of a quarter section.
The property will remain in dryland farming.
Section 22-2-60.B.3 states, "Require that energy and mineral resource development
conserve the land and minimize the impact on surrounding land and the existing surround
land uses."
USR21-0004
Page 2
The proposed facility will occupy about fourteen (14) acres of a thirty-five (35) acre parcel.
The applicant is proposing wood fencing to buffer the facility from the closest residences.
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
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.R. — medium scale solar facility, subject to the additional requirements of
Section 23-5-1030." Based on this, the use may be permitted by a USR in the A
(Agricultural) zone district. The medium scale solar is a non -permanent and regulated use
of land and is consistent with Section 23-3-10 as the use is more intense than a use by
right.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. There are three
residences south of across the street (CR 42) from the site. The closest residence is about
170 feet south of the site.
There are four (4) USRs within one mile of the site. USR-1185 for a Machine Repair Shop
is located east of the site. USR14-0024 for an Oil and Gas support facility, USR-839 for a
commercial greenhouse, and USR13-0039 for automobile repair are all located south of
the site.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners. Planning staff has not any received correspondence concerning this
case.
The Development Standards and 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 -- The uses which will 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 the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area and the Coordinated Planning
Agreement Area (CPA) for the Towns of Milliken, Platteville, and Gilcrest as well as the
City of Evans. As part of the pre -application process the municipalities were sent a Notice
of Inquiry (NOI). The Towns of Platteville, Milliken and the City of Evans submitted a signed
NOI, dated January 22, 2021, July 29, 2020, and July 29, 2020 respectively, stating that
they have no interest in annexing this property. The Town of Gilcrest submitted a signed
NOI, dated July 23, 2020 which indicated that they do wish to annex this property. Mr. Larry
Lorentzen, Town Administrator for the Town of Gilcrest indicated that the town would need
to provide snow removal and road maintenance if the subject property was annexed. The
town did not have the necessary funds in their budget to provide snow removal and road
USR21-0004
Page 3
maintenance. Mr. Lorentzen requested that SunShare provide a minimum setback of 400'
along State Highway 60 frontage to accommodate any future commercial or retail uses.
SunShare has provided a 500' setback between the road right-of-way and the solar facility.
None of the municipalities responded with referral agency comments.
The comprehensive plan maps for the City of Evans, Town of Platteville and the Town of
Milliken do not encompass the subject property. However, per the 2012 Comprehensive
Plan Update Map for the Town of Gilcrest the site is shown as Low Density Residential and
part of an Opportunity Area for Future Regional Commercial opportunities. The intersection
CR 42 and State Highway 60 is designated as Regional Commercial.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate
Storm Sewer System area, Special Flood Hazard Area, or Historic Townsite 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 proposed facility is located on entirely on soils designated Prime if they become
Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The soils are designated as Julesburg sandy loam with zero to one percent slopes. The
proposed USR will not take any Prime (Irrigated) Farmland out of production. The Platte
Valley Conservation District did not return a referral agency response.
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), Solar Facility Standards (Section 23-4-1030, 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 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. A Decommissioning/Reclamation Plan shall be submitted per Section 23-4-1030.B, which
shall require the applicant to provide financial assurance to the County in the form of a surety
bond in an amount established by the Director of the Department of Planning Services, to
ensure proper decommissioning of the facility. Said surety bond shall name the Board of
County Commissioners of Weld County as beneficiary and be current and active at all times
during the life of the permit. (Department of Planning Services)
B. A Road Maintenance Agreement for Construction Only is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes. (Department of Public Works)
USR21-0004
Page 4
C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR21-0004 (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 landscaping and screening in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
6. The map shall delineate the thirty (30) foot setback from the boundary of adjacent
properties, irrigation ditches, and rights -of -way in which no equipment shall be located,
in accordance with Section 23-4-1030.G of the Weld County Code. (Department of
Planning Services)
7. County Road 42 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location prior to construction. (Department of Public Works)
9. Show and label the approved tracking control on the site plan. (Department of Public
Works)
10. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
11. If applicable, show and label a 30 -foot minimum access and utility easement to provide
legal access to the parcel on the site plan. (Department of Public Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works
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 Mylar map along with all other
USR21-0004
Page 5
documentation required as Conditions of Approval. The Mylar 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 Mylar 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. The Use by Special Review 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 map 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)
USR21-0004
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare, LLC
U SR21-0004
1. A Site -Specific Development Plan and Use by Special Review Permit for Medium Scale Solar Facility
outside of subdivision and historic townsites in the A (Agricultural) Zone District, USR21-0004, 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. This is an unmanned facility. (Department of Planning Services)
4. The site shall be maintained in accordance with the Property Maintenance Plan. (Department of
Planning Services)
5. The site shall be maintained in accordance with then approved Decommissioning Plan. (Department of
Planning Services)
6. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. No outdoor storage of any materials and equipment including, but not limited to, solar panels and
support structures not in operation will be allowed. (Department of Planning Services)
9. No equipment associated with the solar facility shall be located within thirty (30) feet of the boundary of
adjacent properties, irrigation ditches, and/or public or private rights -of -way. (Department of Planning
Services)
10. 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. (Department of Public Works)
11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or of -site tracking. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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. (Department of Public Works)
14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
15. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
USR21-0004
Page 7
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)
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 facility 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. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from
public view and removed when construction is completed. (Department of Public Health and
Environment)
23. 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)
24. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
26. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
27. 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)
28. 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
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. (Department of
Planning Services)
29. 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. (Department of Planning Services)
USR21-0004
Page 8
30. 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. (Department of Planning Services)
31. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
32. A 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.
33. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
34. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
USR21-0004
Page 9
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR21-0004
Page 10
March 8, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Miller Richard
1724 Gilpin Street
Denver, CO 80218
Subject: USR21-0004 - A Site -Specific Development Plan and Use by Special Review Permit for
Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
SW4 SECTION 20, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 20, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 12, 2021 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://accela-
aca.co.weld.co.us/CitizenAccess
espectfully,
alUilDiana Aungst
Planner
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