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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: July 21, 2020
USR20-0012
The Colorado State Board of Land Commissioners
do David Rodenberg, Renewable Energy Program Manager
(1127 Sherman Street, Suite 300, Denver CO 80203)
Pivot Energy, LLC
do Luke Rickard
1750 15'" Street, #400, Denver, CO 80202
A Site Specific Development Plan and Use by Special Review Permit for a Small
Scale Solar Facility outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
Subdivision Exemption SUBX20-0006; being part of the NE4 of Section 16, T3N,
R63W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 32; west of and adjacent to County Road 31
+ 1- 12 acres
+ 1- 557 acres
Parcel No. 1211-16-0-00-001
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 April 28, 2020
Y Weld County Department of Public Health and Environment, referral dated May 12, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Platteville, referral dated May 14, 2020
Y Colorado Parks and Wildlife, referral dated April 24, 2020
Y Weld County Sheriff's Office, referral dated April 27, 2020
Y Weld County Zoning Compliance, referral dated April 22, 2020
Y Weld County School District RE -1, referral dated April 22, 2020
Y Platteville-Gilcrest Fire Protection District, referral dated April 23, 2020
Y Colorado State Board of Land Commissioners, referral dated April 27, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Gilcrest
Y Weld County Assessor
▪ Platte Valley Conservation District
▪ Central Colorado Water Conservancy District
USR20-0012
Page 1 of 11
Planner:
Case Number:
Owner:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst Hearing Date: July 21, 2020
USR20-0012
The Colorado State Board of Land Commissioners
do David Rodenberg, Renewable Energy Program Manager
(1127 Sherman Street, Suite 300, Denver CO 80203)
Pivot Solar 4, LLC
do Luke Rickard
1750 15th Street, #400, Denver, CO 80202
A Site Specific Development Plan and Use by Special Review Permit for a Small
Scale Solar Facility outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
Subdivision Exemption SUBX20-0006; being part of the NE4 of Section 16, T3N,
R63W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 32; west of and adjacent to County Road 31
Size of SUBX Parcel: +/- 12 acres Parcel No. 1211-16-0-00-001
Size of Parent Parcel: +/- 557 acres
Case Summary:
The applicant is requesting a small scale solar facility on an approximately twelve (12) acres. The twelve
(12) acres will be a non -permanent leasehold parcel located on the pending Subdivision Exemption
SUBX20-0006 lot in the northeastern portion of the parent parcel. The solar facility footprint will encumber
the entire SUBX lot. The facility will be located west of and adjacent to another small scale solar facility
approved under USR18-0041.
The parent parcel is approximately 557 acres and contains two small scale solar facilities (USR18-0041
and USR15-0076). USR15-0076, operated by Clean Energy Collective, is located in the north -central
portion of the parent parcel. If USR20-0012 is approved, USR15-0076 will need to be partially vacated to
remove its boundary from the SUBX20-0006 and USR20-0012 boundary. USR18-0041, operated by
Platteville Solar CSG, LLC, is located on the northeastern portion of the parent parcel and is situated on
SUBX18-0020. No partial vacation will be required regarding USR18-0041. Each of these small scale
facilities are operated by different companies.
The solar array will be comprised of approximately 5,500-6,000 solar panels mounted on a single -axis
tracking system and will connect directly to the existing Xcel-owned distribution lines running along the
western property boundary. The facility will generate approximately 3,950,000 kWh annually, about the
equivalent of four hundred (400) homes. 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, an access drive with
hammerhead emergency turn -around, and perimeter fencing with gates. The solar array will be designed
to meet the maximum wind and snow loads applicable in Weld County. In addition, the panels themselves
have a manufacturer warranty of 25 years. This is an unmanned and no water or sewage disposal service
is proposed. There may be one or two cargo containers onsite during construction so the contractor can
secure key equipment overnight etc. However, these would be removed at the end of construction. There
is no plan for long-term storage of spare parts etc. onsite during the operational phase of the project.
USR20-0012
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The application included an NRCS Soils Report, a Decommissioning Plan, a Landscape and Screening
Plan, a Maintenance and Vegetation Plan, a Traffic Impact Letter Report, and a Waste Handling Plan.
The Landscape and Screening Plan indicates the main strategy employed to lessen visual impact of the
proposed installation is to site the facility at the greatest feasible distance from any residences on
neighboring properties and from the right-of-way for County Road 31. In addition, the applicant proposes
to surround the facility with an eight (8) foot tall, decorative, wildlife friendly game fence which will serve to
break up the visual impact of the facility when viewed from adjoining properties or County Road 31.
Within the fence line and on any other areas disturbed during construction. The applicant will establish
native, low -growth grasses in keeping with vegetation common for the area to allow the project area to
blend in with the surroundings.
During the construction phase, the forty (40) person crews will be on -site from approximately 7:00 a.m. to
6:00 p.m. Monday thru Friday. Bottled water and portable toilets will be provided during construction. The
portable toilets will need to be screened. Once constructed, the facility will generate electricity during the
daylight hours. Operations and maintenance crews will be on -site up to eight (8) times annually for up to
four (4) hours per visit.
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 22-5-130 states, "Due to the volatility of traditional energy resources, the County
supports and encourages development and use of alternative energy resources.
Alternative energy sources do not replace the traditional sources of energy; rather,
expanding global energy demands require a "new energy economy" that supports and
enhances traditional sources of energy."
Solar energy is an alternative energy source, adding stability and enhancing the existing
electrical grid. Traditional energy resources like fossil fuels are tied to market demand
and can vary in output and need. Solar energy can complement some of the fluctuating
oil and gas activity.
Section 22-5-140.A.5 - AE.Policy 1.5. states, "Support the development and use of solar
energy."
This development is a solar facility which allows for the collection and use of solar
energy.
Section 22-5-160. - A. UR.Goal 1. states, "Support and encourage the use of natural and
other resources available in the County by the residents of the County. And 1. UR.Policy
1.1. Support the development of power -generating facilities in the County that benefit the
residents of the County and employ the resources extracted, developed or available in
the County."
This USR will add another power -generating facility to Weld County which will support the
needs of the Weld County residents. The Improvements Agreement, Conditions of
Approval and Development Standards will assist in mitigating the impacts of the solar
facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
USR20-0012
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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 states, "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
Chapter 23, Article III, Division 1, Section 23-3-40. GG. - Uses by Special Review outside
of subdivisions and historic townsites provides for, "Small scale solar facilities." This code
section allows solar facilities to be permitted by a USR in the A (Agricultural) zone district.
The small scale solar is a non -permanent and regulated use of land and is consistent
with 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, rural residences, and solar facilities. The
closet residence is about 1,000 feet from the southern property line and about 1 mile
south of the location of the solar facility.
There are twelve (12) USRs within one mile of this site. USR15-0076 and USR18-0041
for small scale solar facilities; USR-1236 for 230/345kV transmission lines; USR-1363 for
a commercial egg farm, compost sales and wood grinding (Morning Fresh Farms); USR-
1083 for private radio tower; USR-1578 for a community gathering facility; USR-1195 for
a 5,000 cow dairy; Amended USR AMUSR-1038 for an oil and gas production facility;
SUP -195, USR-1756, USR-1748 and USR15-0019 all for dog kennels.
The Weld County Department of Planning Services sent notice to ten (10) surrounding
property owners. No responses were received.
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.
This site is located within the three (3) mile referral area and Coordinated Planning
Agreement (CPA) area of the Town of Platteville. As part of the pre -application process
The Town of Platteville was send a Notice of Inquiry (NOI). The NOI response, dated
March 30, 2020, indicated that the site is outside their Urban Growth Boundary (UGB)
and that the Town does not wish to pursue annexation. The Town did not return any
referral agency comments.
The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB) of a municipality.
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 airport, geologic, historic, Municipal Separate Storm Sewer System
(MS4), or floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and Drainage Impact
Fee Programs.
USR20-0012
Page 4 of 11
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 parcel is located on soils designated as "Other" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. Therefore, no prime soils will be taken
out of production.
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. The Subdivision Exemption SUBX20-0006 plat shall be recorded.
B. There is a Use by Special Review Permit USR15-0076, reception #4254189, for a small scale
solar facility on the parent parcel. The applicant shall submit a letter requesting a partial
vacation of USR15-0076 and the partial vacation USR map shall be recorded prior to USR20-
0012. (Department of Planning Services)
C. The applicant will ensure that the portable toilets are screened from the road and adjacent
properties. (Department of Planning Services)
D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes during the
construction phase of this project. (Department of Public Works)
E. 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)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0012. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the
Weld County Code. (Department of Planning Services)
4) The map shall delineate the landscaping and screening on the site, in accordance
with Section 23-4-1030.C of the Weld County Code. (Department of Planning
Services)
USR20-0012
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5) The map shall delineate the thirty (30) feet 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)
6) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7) County Road 32 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires eighty (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) County Road 31 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires sixty (60) 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)
9) County Road 29 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires sixty
(60) feet of right-of-way at full buildout. The applicant shall delineate and label on the
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. If the existing right-of-way
cannot be verified it shall be dedicated or reserved per Weld County Code. The
applicant shall also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Department of Public Works)
10) County Road 34 is an unmaintained section line right-of-way. The applicant shall
verify and delineate on the map the unmaintained right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of right-of-
way. This road is not maintained by Weld County. Any unmaintained road needs to
be located/identified in relationship to the right-of-way. Show and label the section
line Right -of -Way as "CR 34 Section Line Right-of-way, not County Maintained."
(Department of Public Works)
11) Show and label the approved access location onto County Road 31, approved
access width and the appropriate turning radii on the site plan. (Department of Public
Works)
12) 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 thirty-five (35')
feet. (Department of Public Works)
13) Show and label a thirty (30) foot minimum access and utility easement to provide
legal access to this portion of the parcel on the site plan. (Department of Public
Works)
14) Show and label the drainage flow arrows. (Department of Public Works)
USR20-0012
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15) 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 added
for each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. 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)
USR20-0012
Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pivot Solar 4, LLC
USR20-0012
1. A Site Specific Development Plan and Use by Special Review Permit for a Small Scale Solar
Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, 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 and
Decommissioning Plan. (Department of Planning Services)
5. The site shall be maintained in accordance with the approved Landscaping Plan. (Department of
Planning Services)
6. No outdoor storage of any materials and equipment including, but not limited to, solar panels and
support structures not in operation or in a condition determined to be obsolete of surplus will be
allowed. All spare parts and equipment shall be located within the storage container. (Department
of Planning Services)
7. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the
boundary of adjacent properties, irrigation ditches and/or rights -of -way. (Department of Planning
Services)
8. 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)
9. 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)
10. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. 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)
13. The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement associated with construction activities. (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
16. 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)
USR20-0012
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17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Codes; 2006 International
Energy Code; 2017 National Electrical Code; A building permit application must be completed
and two complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report performed
by a registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. 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)
25. 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.
26. 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)
27. 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)
28. 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)
USR20-0012
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29. 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.
30. 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.
31. 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 person 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.
32. 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.
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
USR20-0012
Page 10 of 11
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, sand burs, 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.
USR20-0012
Page 11 of 11
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
April 22, 2020
LUKE RICKARD
1750 15TH ST STE 400
DENVER, CO 80202
Subject: USR20-0012 - A Site Specific Development Plan and Use by Special Review Permit for a Small
Scale Solar Facility in the A (Agricultural) Zone District
On parcel(s) of land described as:
N2/SE4/E2SW4 SECTION 16, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Platteville at Phone Number 970-785-2245
Gilcrest at Phone Number 970-737-2426
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
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