HomeMy WebLinkAbout20203717.tiff EXHIBIT
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BEFORE THE WELD COUNTY . COLORADO , PLANNING COMMISSION (.13rZ/J -ryjaq
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Troy Mellon , 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 : USR20-0029
APPLICANT : BRYAN KUGEL LIVING TRUST . GARY P KUGLE TRUST . KAY KUGEL SACHS .
TROY SKOGMO . PAULA R CARR REVOCABLE LIVING TRUST . CYNTHIA L
WALTERS REVOCABLE LIVING TRUST , C/O SUNSHARE , LLC
PLANNER : CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MEDIUM SCALE SOLAR FACILITY (4 . 0 MEGAWATTS
(ALTERNATING CURRENT ) AND 4 . 826 MEGAWATTS ( DIRECT CURRENT ) IN
THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION NE4 SECTION 17 , T3N , R66W OF THE 6TH P M . , WELD COUNTY ; COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 34 AND WEST OF AND ADJACENT TO CR
29 .
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 .
2 . 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 22-2 - 30 . A . 3 of the Weld County Comprehensive Plan states , " Limit the density and
intensity of development to maintain agricultural areas . "
The property is currently in dryland agricultural production . There is no irrigation water
associated with the property . The proposed solar facility will occupy only approximately 20%
of the site . The remainder of the site according to the application will remain in dryland
agricultural production .
Section 22-2 - 30 . C . 1 states , "Transition between land use types and intensities with buffers . "
The applicant is proposing a wildlife fence around the entire facility and juniper trees along the
west side of the proposed facility to screen the site from the nearest residence to the west .
Additionally . the facility will be setback approximately 125-feet from the nearest residence .
The proposed facility is located approximately 2 , 250-feet from the physical boundary of the
next nearest solar facility ( USR15- 0076 — 2 MW) on a separate property to the east of
County Road 29 . The property slopes from east to west . The solar facility is proposed to be
located at the northwest end of the property and will not be visible from these existing solar
facilities . Other adjacent uses are cropland to the south and an oil and gas processing facility
(AMUSR- 1038 to the north ) .
Section 22 -2 - 30 . C states , " Encourage development that preserves land for agriculture .
rangeland , wetlands and critical habitats . "
The facility will occupy only approximately 20 % of the site . The boundary of the USR will be
established by Subdivision Exemption SUBX20- 0013 . The reminder of the site will presently
remain in dryland agricultural production .
Section 22-2 -60 . B B . 3 states , ` Require that energy and mineral resource development
conserve the land and minimize the impact on surrounding land and the existing surrounding
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST, GARY P KUGLE TRUST, KAY KUGEL SACHS, TROY SKOGMO, PAULA R CARR
REVOCABLE LIVING TRUST,CYNTHIA L WALTERS REVOCABLE LIVING TRUST, C/O SUNSHARE, LLC
PAGE 2
land uses"
The proposed facility will occupy only approximately 20%of the existing agricultural parcel
The applicant is proposing fencing and landscaping to buffer the facility from the nearest
single-family residence
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the 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
B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District
The intent of the A(Agricultural)Zone District 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"
The proposed solar facility is considered energy development and medium-scale solar
facilities are allowed as a Use by Special Review in the (A) Agricultural Zone district per
Section 23-3-40 R of the Weld County Code Medium-Scale solar facilities are defined as
solar facilities that are located on 20 acres or more and generate no more than a maximum
of 30 Megawatts of electricity
C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the existing
surrounding land uses
The proposed landscaping facility is proposed to be located approximately 125-feet east of a
single-family residence,to the south of an existing oil and gas support facility(AMUSR-1038—
oil and gas processing), an existing solar facility (USR15-0076—2 Megawatt small scale
solar facility) is located approximately 2,250-feet to the east Agricultural land (cropland) is
located to the south
The Weld County Department of Planning Services sent notice to eight (8) Surrounding
Property Owners within 500-feet of the parent parcel Planning staff has not received any
correspondence or phone calls from surrounding property owners regarding this case
The applicant has submitted a Landscape and Screening Plan with this application The
Conditions of Approval require that the applicant specifically addresses irrigation of the
landscaping in their proposed Landscape and Screening Plan 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 areas of the towns of Gilcrest, Milliken
and Platteville The site is also located within the Cooperative Planning Agreement(IGA)
boundaries of Milliken and Platteville Prior to submittal of this application, both the Town of
Milliken and Town of Platteville returned a response stating that they were not interested in
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST . GARY P KUGLE TRUST , KAY KUGEL SACHS , TROY SKOGMO , PAULA R CARR
REVOCABLE LIVING TRUST . CYNTHIA L WALTERS REVOCABLE LIVING TRUST . C/O SUNSHARE , LLC
PAGE 3
pursuing annexation . No referral responses have been received from Gilcrest , Milliken and
Platteville regarding this case .
E . Section 23- 2-220 . A . 5 -- The application complies with Chapter 23 , Articles V and XI , of the
Weld County Code .
The property is not within the Geologic Hazard Overlay District , a Special Flood Hazard
Area , MS4 Area or the Airport Overlay District . 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 .
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 approximately thirty-two ( 32 ) acres of land delineated as
" Prime if Irrigated " per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map . The proposed facility will occupy only thirty-two ( 32 ) acres of the one hundred
sixty ( 160) -acre property . There is not irrigation water associated with this parcel . The
application indicates that the remainder of the property will remain in dryland agricultural
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) , 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 Road Maintenance Agreement for Construction 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)
B . The applicant shall attempt to address the requirements of the Platteville- Gilcrest Fire
Protection District . as stated in the referral response dated October 8 , 2020 . Written evidence
of such shall be submitted to the Weld County Department of Planning Services . ( Department
of Planning Services)
C . The applicant shall attempt to address the comments/recommendations of Colorado Parks and
Wildlife , as stated in the referral response dated October 12 , 2020 . Written evidence of such
shall be submitted to the Weld County Department of Planning Services . ( Colorado Parks and
Wildlife)
D . A Landscape and Screening Plan shall be submitted per Section 23-4- 1030 . C of the Weld
County Code . The landscape and screening plan shall be revised to address irrigation of the
proposed landscaping on the west side of the facility . The irrigation plan shall detail irrigation
during planting as well as ongoing irrigation for the life of the facility . ( Department of Planning
Services)
E . The map shall be amended to delineate the following :
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST, GARY P KUGLE TRUST, KAY KUGEL SACHS, TROY SKOGMO, PAULA R CARR
REVOCABLE LIVING TRUST, CYNTHIA L WALTERS REVOCABLE LIVING TRUST,C/O SUNSHARE, LLC
PAGE 4
1 All sheets of the map shall be labeled USR20-0029(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 County Road 34 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 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)
5 County Road 29 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 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)
6 Show and label the approved access locations, approved access width and the
appropriate turning radii on the site plan The applicant must obtain an access permit in
the approved location prior to construction (Department of Public Works)
7 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)
8 Show and label the drainage flow arrows (Department of Public Works)
9 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Public Works)
10 The applicant shall delineate on the map the trash collection areas Section 23-2-
240 A 13 of the Weld County Code addresses the issue of trash collection areas
(Department of Planning Services)
11 The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan (Department of Planning Services)
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)
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST , GARY P KUGLE TRUST , KAY KUGEL SACHS , TROY SKOGMO . PAULA R CARR
REVOCABLE LIVING TRUST , CYNTHIA L WALTERS REVOCABLE LIVING TRUST . C/O SUNSHARE . LLC
PAGE 5
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)
B . The approved access shall be constructed prior to the on- site construction . ( Department of
Public Works)
5 . Prior to Operation :
required prior to operation . ( Department of Public Works}
6 . 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)
Motion seconded by Dwaine Barclay .
VOTE :
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
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 .
CERTIFICATION OF COPY
I , Michelle Wall , 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 December 1 , 2020 .
Dated the 1st of December , 2020
4714:altiet rf Witte-
Michelle Wall
Secretary
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST, GARY P KUGLE TRUST, KAY KUGEL SACHS, TROY SKOGMO, PAULA R CARR
REVOCABLE LIVING TRUST, CYNTHIA L WALTERS REVOCABLE LIVING TRUST, C/O SUNSHARE, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare, LLC
USR20-0029
1 A Site-Specific Development Plan and Use by Special Review for a Medium Scale Solar Facility (4 0
Megawatts (Alternating Current) and 4 826 Megawatts (Direct Current) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, USR20-0029, subject to the Development
Standards stated hereon
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 No outdoor storage of any materials and equipment including,but not limited to,solar panels and support
structures not in operation will be allowed
6 No equipment associated with the solar facility shall be located within 30 feet of the boundary of adjacent
properties, irrigation ditches and/or rights-of-way
7 The proposed landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan Required landscaping and screening shall be installed within one
(1) calendar year of issuance of a building permit or commencement of use,whichever occurs sooner
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time (Department of Planning Services)
8 The Property Owner shall maintain compliance with the Decommission Plan and the Communication
Plan (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 (DPW)
10 The access to the site shall be maintained to mitigate any impacts to the public road,including damages
and/or off-site tracking (DPW)
11 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized (DPW)
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 (DPW)
13 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (DPW)
14 The Road Maintenance Agreement for this site may be reviewed on an annual basis,including a site visit
and possible updates (DPW)
15 The historical flow patterns and runoff amounts on the site will be maintained (DPW)
16 Weld County is not responsible for the maintenance of onsite drainage related features (DPW)
17 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 (WCDPHE)
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST, GARY P KUGLE TRUST, KAY KUGEL SACHS, TROY SKOGMO, PAULA R CARR
REVOCABLE LIVING TRUST, CYNTHIA L WALTERS REVOCABLE LIVING TRUST, C/O SUNSHARE, LLC
PAGE 7
18 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 (WCDPHE)
19 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 (WCDPHE)
20 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 (WCDPHE)
21 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 (WCDPHE)
22 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code (WCDPHE)
23 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
24 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)
25 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)
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)
29 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)
RESOLUTION USR20-0029
BRYAN KUGEL LIVING TRUST, GARY P KUGLE TRUST, KAY KUGEL SACHS, TROY SKOGMO, PAULA R CARR
REVOCABLE LIVING TRUST,CYNTHIA L WALTERS REVOCABLE LIVING TRUST, C/O SUNSHARE, LLC
PAGE 8
30 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
31 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
32 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
33 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 agncultural 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 agncultural 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
Pt Houi-e5 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
12 12.020 z-l5 R 2.Q -CO q
Tuesday . December 1 , 2020
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 : Tom Cope , Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay , Butch White , Troy Mellon .
Absent : Gene Stille , Sam Gluck .
Also Present : Kim Ogle , Chris Gathman , and Tom Parka , Department of Planning Services ; Ben Frissell
and Lauren Light , Department of Health ; Mike McRoberts and Melissa King , Department of Public Works ;
Bob Choate , County Attorney .. and Michelle Wall , Secretary .
Motion : Approve the November 17 , 2020 Weld County Planning Commission minutes , Moved by Tom
Cope , Seconded by Butch White . Motion passed unanimously .
CASE NUMBER : USR20-0029
APPLICANT : BRYAN KUGEL LIVING TRUST ; GARY P KUGLE TRUST . KAY KUGEL
SACHS , TROY SKOGMO , PAULA R CARR REVOCABLE LIVING TRUST .
CYNTHIA L WALTERS REVOCABLE LIVING TRUST , C/O SUNSHARE , LLC
PLANNER : CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MEDIUM SCALE SOLAR FACILITY (4 . 0 MEGAWATTS
(ALTERNATING CURRENT ) AND 4 . 826 MEGAWATTS ( DIRECT
CURRENT ) IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : NE4 SECTION 17 , T3N . R66W OF THE 6TH P . M . . WELD COUNTY .
COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 34 AND WEST OF AND ADJACENT
TOCR29 .
Chris Gathman , Planning Services , presented Case USR20- 0029 , reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards .
The Chair referenced the landscape map and asked staff if the proposed Juniper trees are going to be
approximately 25 to 35 feet tall . Staff responded that at the time they are planted , the trees will be
approximately 5 feet tall . Commissioner Hatch asked if the trees are a requirement from staff. Mr . Gathman
said there is a landscaping screening plan condition , and the trees are what the applicant has submitted as
their proposal . Staff explained if the applicant is going to landscape with trees , an irrigation plan will be
required in order to address the maintenance of the trees .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site . Staff said they have two revisions to the existing resolution . Add Condition of Approval 4 . B that
reads , "The approved access shall be constructed prior to the on - site construction . ( Department of Public
Works) Delete Condition of Approval 5 .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on- site
dust control , and the Waste Handling Plan .
Commissioner Barclay asked staff if any hand washing stations are required . Staff responded that after
construction , no .
Amanda Mack , SunShare , 1724 Gilpin Street , Denver, Colorado . Ms . Mack explained that they are
requesting a site- specific development plan and use by special review permit for a medium- scale solar
facility . She said it is a 4 . 000 MW-AC project/4 . 826 MW- DC . Ms . Mack explained that the project is part
of the XCEL Solar Rewards Community Program . Xcel Energy customers subscribe to a third- party
community solar garden nearly . Once subscribed , customers will begin receiving credits on their monthly
utility bill for the solar energy that their subscriptions contribute to the Xcel Energy grid . She said the
proposed property,is zoned Agricultural and is 159 33 acres of dryland The proposed solar facility will
occupy 32 37 acres of that property 4 826 MWs(DC)is enough to power 950 homes Ms Mack explained
the proposed PV modules will be 144 cell,400-Watt BiFacial Mono-crystalline modules that will be mounted
on a single axis tracker system BiFacial modules collect light on both the front and the back of modules
while also following the sun throughout the day She said that the rental income from a solar facility provides
the landowner with a long-term income on their land versus variable income from dryland farming
SunShare feels their proposal meets the alternative energy policies of the Weld County Code and
Comprehensive Plan
Commissioner White said he noticed that SunShare is requesting that financial assurance for the
decommissioning of the solar facility be waived He asked what assurance does the landowner have that
the project will be removed Ms Mack explained they will have a decommissioning fund that they will
contribute to She said it is in their agreement requirements to decommission the site
Commissioner Ford asked where the modules are manufactured Ms Mack said she believes the
manufacture is Canadian Solar
Commissioner Holland asked the applicant to address their plan to irrigate the trees Ms Mack said a third
party will plant the trees and provide irrigation Mr Holland asked where the water will come from Ms
Mack replied that they have not established a contract for the trees yet, so she is not able to specifically
state where the water will come from She said it will be from an outside source and trucked in through the
duration of the project Commissioner Holland asked staff if the landscaping requirement will be on the
recorded map Staff said Condition of Approval 1 D reads "A Landscape and Screening Plan shall be
submitted per Section 23-4-1030 C of the Weld County Code The landscape and screening plan shall be
revised to address irrigation of the proposed landscaping on the west side of the facility" Mr Gathman said
if the Planning Commission wanted to, they could add an additional sentence reading "The irrigation plan
shall detail irrigation during planting as well as ongoing irrigation for the life of the facility"
Commissioner Cope asked how close the neighbor to the west is from the property Ms Mack replied 180
feet
The Chair asked the applicant why they are choosing to have trees,when trees are not specifically required
in the landscaping plan He also questioned if the trees would impede your solar production Ms Mack
said it would not The design is created to take shade in effect
Commissioner Holland asked if the gentleman from SunShare could come up to the podium to discuss
water
Barney Hammond, Contract Landman with SunShare, 3107 52nd Avenue, Greeley, Colorado Mr
Hammond said he has studied some of the history from 1985 to present He said there have been several
attempts made to get water through legal means from the Platte ditch to the north with no success A verbal
agreement was made with Bella Farms to dryland farm the property for approximately 5 years They laid a
6-inch PVC across the County road to service a possible future pivot there With no luck of getting any
water from the Platte ditch, the pivot was completed
Mr Hammond explained their experience in the past with working with landscape contractors He said he
has seen them purchase municipal or ditch water and haul the water by tank truck to the site
Commissioner Holland asked if there has been any attempt to acquire water rights to drill a well Mr
Hammond said yes but from the landowner's notes, it was denied
Commissioner Holland asked if they have to use trees as landscaping Staff explained the project is close
to a residence and the applicant proposed trees to use as a buffer Mr Hammond said that in the past,
county commissioners have raised the issue of landscaping and trees
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Ms King said that Public Works would like to add Condition of Approval 4 B that reads, "The approved
access shall be constructed prior to the on-site construction And delete Condition of Approval 5
Motion Add Conditional of Approval 4 B and delete Condition of Approval 5 Moved by Tom Cope,
Seconded by Dwaine Barclay Motion passed unanimously
Mr Gathman stated that Commissioner Holland had some questions with the landscaping and screening
plan He said the Planning Commission could amend Conditional of Approval 1 D by adding an additional
sentence that reads "The irrigation plan shall detail irrigation during planting as well as ongoing irrigation
for the life of the facility"
Commissioner Mellon said he is in agreeance with Commissioner Holland Mr Mellon said he is hesitant
to recommend approval for any landscaping that does not have a permanent water source
Motion Amend Condition of Approval 1 D as recommended by staff Moved by Troy Mellon, Seconded
by Tom Cope
Vote Motion passed (summary Yes=6, No= 1,Abstain = 0)
Yes Butch White, Dwaine Barclay, Elijah Hatch, Lonnie Ford,Tom Cope, Troy Mellon
No Skip Holland
Absent Gene Stille, Sam Gluck
1
The Chair said that it is hard to force a company to come up with water when a third party is responsible to
come up with the water
Commissioner Mellon said he is asking a business that is planning on planting something to have
responsibility in the maintenance, even if a third party is involved He said they need to have a permanent
plan to maintain the landscape
Ms Mack asked if they could possibly lower the number of trees from what they have on the application
Mr Gathman explained that solar facilities do have specific requirements for landscaping and screening
under Section 23-4-1030, "Landscaping is extremely important for enhancing the quality of development in
the area Trees, shrubs and other plantings add greatly to the aesthetic appeal while reducing glare As no
single landscaping plan can be prescribed for all developments due to differing land features, topography
and soils, these guidelines encourage flexible and creative landscape designs Landscaping/screening
shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is
aesthetically pleasing as viewed from adjacent properties and rights-of-way"
Commissioner Cope addressed Ms Mack's question on lowering the number of trees He explained that
would be up to them to decide and work with staff to amend their landscaping/screening plan Mr Gathman
said if the applicant can try to get in touch with the residence owner and discuss options with them
Commissioner Barclay suggested a decorative fence
The Chair asked the applicant if they have read through the Development Standards and amended
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR20-0029 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Troy Mellon, Seconded by Dwaine Barclay
Vote Motion passed (summary Yes=6, No= 1,Abstain = 0)
Yes Butch White, Dwaine Barclay, Elijah Hatch, Lonnie Ford, Tom Cope, Troy Mellon
No Skip Holland
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 02 pm
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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