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LAND USE APPLICATION
SUMMARY SHEET
Chris Gathman
Case Number: USR20-0029
Hearing Date: December 1, 2020
Applicant: Bryan Kugel Living Trust, Gary P. Kugel Trust, Kay Kugel Sachs, Troy Skogmo, Paula
R. Carr Revocable Living Trust, Cynthia L. Walters Living Trust C/O
Sunshare, LLC
Representative: Richard L. Miller— Sunshare, LLC
Request:
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.
Legal SUBX20-0013; located in the NE4 of Section 17, T3N, R66W of the 6th PM, Weld
Description: County, Colorado
Location: South of and adjacent to County Road 34 and west of and adjacent to County Road
29
Size of Parcel: ± 159.33 acres (Solar Parcel No. 1211-17-0-00-017
Facility: +1- 32.124 acres)
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 Health and Environment, referral dated October 27, 2020
▪ Weld County Department of Public Works, referral dated October 8, 2020
▪ Colorado Parks and Wildlife, referral dated October 12, 2020
▪ Platteville-Gilcrest Fire Protection District, referral dated October 8, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated October 7, 2020
▪ Crestone Peak Resources, referral dated October 7, 2020
▪ Weld County Sheriff's Office, referral dated October 8, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Department of Transportation
• Town of Platteville
• Town of Milliken
• Town of Gilcrest
• RE -1 School District
Platte Valley Conservation District
USR20-0029 - Sunshare, LLC
Page 1
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary,
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Chris Gathman Hearing Date: December 1, 2020
USR20-0029
Bryan Kugel Living Trust, Gary P. Kugel Trust, Kay Kugel Sachs, Troy Skogmo, Paula
R. Carr Revocable Living Trust, Cynthia L. Walters Living Trust C/O Sunshare, LLC
Richard L. Miller— Sunshare, LLC
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.
SUBX20-0013; located in the NE4 of Section 17, T3N, R66W of the 6'h PM, Weld
County, Colorado
South of and adjacent to County Road 34 and west of and adjacent to County Road
29
± 159.33 acres (Solar Parcel No. 1211-17-0-00-017
Facility: +/- 32.124 acres)
The proposal is to install a medium -scale medium scale solar facility (4 MW (AC) and 4.826 MW (DC)). The
solar facility is proposed to be located on a quarter -section. The applicant is proposing to lease 32.378
acres for the facility and a subdivision exemption (SUBX20-0013) is in conjunction with this Use by Special
Review Permit to define the lease area. This subdivision exemption was submitted on October 16, 2020.
The applicant submitted the subdivision exemption prior to the effective pending ordinance doctrine to code
ordinance #2020-16 which prohibits the submittal of subdivision exemptions.
The solar facility will consist of solar panels connected to XCEL Energy's distribution grid. Residents,
businesses and government customers can use the energy from the panels to offset their electricity bill in
lieu of a rooftop solar system being installed on their house/building. The application indicates that this will
serve as an alternative for customers that would like to use solar power but cannot install a rooftop system.
The facility is proposed to occupy the property for 25-40 years.
The proposed facility will consist of 12,012 400W Monocrystalline Modules. No other permanent structures
are proposed. An 8' x 40' steel container is proposed to be used during the construction to store equipment
and spare parts. After construction the container will be removed. During construction, a total of twenty (20)
full-time employees will be onsite Monday through Saturday from 8:00 AM to 5:00 PM. The construction
phase is anticipated to last approximately four (4) months (109 days). Once the facility is constructed it will
be visited on a quarterly basis for maintenance and as needed for emergency maintenance.
The applicant is proposing to surround the facility on all sides by an 8 -foot game fence. In addition, the
applicant is proposing to install one hundred and fifty-nine (159) Rocky Mountain Junipers spaced eight
(8) feet apart (5 -feet height at installation and a projected mature height of 20 -35 -feet) on the west side of
the proposed facility. Additionally, the applicant is proposing a 150 -foot setback/buffer from the residence
on the west side of the site. The application indicates that the applicant will coordinate with the onsite tenant
USR20-0029 - Sunshare, LLC
Page 2
farmer or water will be hauled in to obtain water for the trees to ensure that the trees are established and
maintained during the life of the facility.
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 22-2-30.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 land uses."
The proposed facility will occupy only 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.
USR20-0029 - Sunshare, LLC
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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.
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 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.
USR20-0029 - Sunshare, LLC
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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 Department of Planning Services' staff 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. (Department of Planning Services)
E. The map shall be amended to delineate the following:
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
USR20-0029 - Sunshare, LLC
Page 5
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)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will berequired.
(Department of Public Works)
5. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
USR20-0029 - Sunshare, LLC
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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)
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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)
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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)
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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 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 cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
USR20-0029 - Sunshare, LLC
Page 10
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
USR20-0029 - Sunshare, LLC
Page 11
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.
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October 09, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
Miller Richard
1151 Bannock Street
Denver, CO 80204
Subject: USR20-0029 - 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.
On parcel(s) of land described as:
NE4 SECTION 17, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 1, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 23,
2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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