HomeMy WebLinkAbout20211211.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR21-0004
WETCO FARMS, INC.. C/O SUNSHARE, LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
BEING PART OF THE SW4 OF SECTION 20, T4N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO STATE HIGHWAY 60: NORTH OF AND
ADJACENT TO CR 42.
be recommended favorably to the Board of County Commissioners 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.
It is the opinion of the Planning Commission 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 22-2-60.8.3 states, "Require that energy and mineral resource development conserve the
land and minimize the impact on surrounding land and the existing surround land uses."
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.
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 2
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 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.
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 3
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 Planning Commission 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)
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)
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 4
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 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)
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 5
Motion seconded by Gene Stille.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
Butch White
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 20, 2021.
Dated the 20th of April, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare, LLC
USR21-0004
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)
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 7
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
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)
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 8
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)
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
RESOLUTION USR21-0004
WETCO FARMS, INC., C/O SUNSHARE, LLC
PAGE 9
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.
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.
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 20, 2021
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 12:30 pm.
Roll Call.
Present: Troy Mellon, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck. Skip Holland, Tom Cope.
Absent/Excused: Butch White, Dwaine Barclay
Also Present: Diana Aungst, Michael Hall, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health: Melissa King, and Zack Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR21-0004
WETCO FARMS, INC., C/O SUNSHARE. LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT.
BEING PART OF THE SW4 OF SECTION 20. T4N, R66W OF THE 6TH P M.,
WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO STATE HIGHWAY 60: NORTH OF AND
ADJACENT TO CR 42.
Diana Aungst, Planning Services, presented Case USR21-0004, reading the recommendation and
comments into the record. Ms. Aungst noted that no correspondence were received from surrounding
property owners, however, two emails were received this morning from Laborers International Union of
North America and has been entered into the record. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Zack Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. A Road Maintenance Agreement will be required during construction only.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Amanda Mack. 1724 Gilpin Street, Denver, Colorado, stated that this facility will add energy to the electricity
grid and Xcel Energy will purchase the energy. She said that this project will be located on 14 acres out of
163.21 acres of dryland. She added that the 2.189 -megawatt facility is enough to power 416 homes. All
surrounding property owners have been contacted and so far there has been no objections. She added
that they will construct a six-foot decorative fence for the full length of the southern project line as well as
8 -foot tall game fencing along the perimeter. The solar facility has a life expectancy of 30 to 35 years during
which the land will lie fallow.
Commissioner Stille asked about the bi-facial panels and asked if this is new technology. Ms. Mack said
that it is new technology and explained that bottom of the panel absorbs from the reflective ground. such
as from snow.
In response to Commissioner Cope's inquiry, Ms. Mack stated that they do not have plans to expand this
facility.
Commissioner Hatch referred to the two type of fences and asked if they will in conjunction with another.
Ms. Mack said it would be in conjunction with each other.
Mr. Hatch referred to the life of the facility of 30 to 35 years and asked how often those modules be replaced
to keep the production or return of investment at the highest level. Ms. Mack said that she would hope the
full 30 years but they would replace the panels as needed for efficiency.
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 USR21-0004 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 Tom Cope, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope, Troy Mellon.
Meeting adjourned at 5:19 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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