HomeMy WebLinkAbout20194912.tiffMEMORANDUM
TO: Referral Agencies
DATE: November 4, 2019
FROM: Maxwell Nader, Planner
SUBJECT: USR19-0054 (Medium Scale Solar Facility)
The applicant, Western Equipment Truck Inc., coo Sunshare LLC applied for a site Specific
Development Plan and Use by Special Review Permit for a Medium Scale Solar Facility (12MW) in
the A (Agricultural) Zone District. At the time of application, the applicant requested to develop the
facility in three (3) phases, all located within a seventy-nine (79) acre parcel identified as Lot B of
Recorded Exemption RE -598; being a part of the W2NW4 of Section 15, Township 4, Range 66
West of the 6th P.M., Weld County, Colorado.
SunShare n S h are LLC is requesting to amend the Legal description of the property to include Phase I and II
on a new parcel identified as Lot A of pending land use application RECX19-0140 for a thirty-four
(34) acre parcel with the third phase being located on a parcel of land of approximately forty-six (46)
acres in area and identified as Lot B or RECX19-0140. This request is a result of a contractual
requirement of Xcel Energy.
Please refer to the attachments in regard to the application modification. If there are new comments
from your agency as a result of the modification as previously discussed, please send them to
mnaderweldgov.com so they can be adequately addressed and included in the staff
recommendation as applicable.
Date: November 4, 2019
Maxwell Nader, Planner
Submitted prior to Planning Commission
WI WELD COUNTY
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current or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
WI WELD COUNTY
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This map is a user generated static output -Fora an Internet mapping site and is for
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current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
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USE BY SPECIAL REVIEW USR19-0054
10.8 MW -AC (12 MW -DC) SOLAR ARRAY PROJECT
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eld County, Colorado
Om
Section Plan
PRELIMINARY
NOT FOR CONSTRUCTION
11/04/7019
0.101
Planner:
Maxwell Nader
Case Number: USR19-0054
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: November 19, 2019
Western Equipment Truck, Inc. 2055 1s1 Avenue Greeley, CO 80631
SunShare, LLC do Richard L. Miller, 1151 Bannock Street, Denver, CO 80204
A Site Specific Development Plan and Use by Special Review Permit for Medium Scale
Solar Facility (12MW) in the A (Agricultural) Zone District
Lots A and B of Recorded Exemption RECX19-0140; being a part of the W2NW4 of
Section 15, Township 4, Range 66 West of the 61h P.M., Weld County, Colorado
South of and adjacent to County Road 46; east of and adjacent to County Road 31
+1- 79 acres Parcel No. 1057-15-0-00-038
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:
City of Evans, referral dated September 10, 2019
Weld County Department of Public Works, referral dated August 29, 2019
Weld County Department of Public Health and Environment, referral dated August 16, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Town of Milliken, referral dated September 6, 2019
▪ Colorado Parks and Wildlife, referral dated July 30, 2019
▪ Weld County Zoning Compliance, referral dated August 7, 2019
▪ Central Weld County Water District, referral dated August 20, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Gilcrest
Y Weld County Sherriff's Office
Y LaSalle Fire Protection District
Y Weld County School District RE -1
Y Weld County Department of Building Inspection
USR19-0054, SunShare, LLC, Page 1 of 10
Planner:
Maxwell Nader
Case Number: USR19-0054
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: November 19, 2019
Western Equipment Truck, Inc. 2055 1s1 Avenue Greeley, CO 80631
SunShare, LLC do Richard L. Miller, 1151 Bannock Street, Denver, CO 80204
A Site Specific Development Plan and Use by Special Review Permit for Medium Scale
Solar Facility (12MW) in the A (Agricultural) Zone District
Lots A and B of Recorded Exemption RECX19-0140; being a part of the W2NW4 of
Section 15, Township 4, Range 66 West of the 61h P.M., Weld County, Colorado
South of and adjacent to County Road 46; east of and adjacent to County Road 31
+1- 79 acres Parcel No. 1057-15-0-00-038
SunShare, LLC is a clean energy company that designs, builds and installs community solar facilities and
is requesting a Site Specific Development Plan and Use by Special Review Permit for a Medium Scale
Solar Facility (12MW DC) on an approximately seventy-nine (79) acre parcel. Proposed improvements to
the site consist of The project will be developed in three (3) phases. The first phase will be 2MW and will
start directly after approval of the USR. Phase two (2) and three (3) will both be an additional 5MW DC
each, totaling 12MW DC at full buildout. Power will be delivered from the solar facility's transformer to the
existing Xcel distribution lines on the north side of County Road 46 and will be overhead connection.
The facility is unmanned and no water or sewage disposal service is proposed. During the construction
phase, there will be twenty (20) workers at the site for approximately forty0five (45) days. Bottled water,
handwashing units and portable toilets will be provided during construction. Once the site is in operation,
the site will produce energy during daylight hours and one to two (1-2) workers will perform quarterly
maintenance and inspection. To comply with the National Electric Code, there will be an eight (8) foot in
height game fence installed around the entire perimeter of the site, which will be designed to CPW
standards. The fence and gate will be constructed of 4" X 4" welded rod material with a barbless wire apron
extended out at a 45 -degree angle for the top one (1) inch of fencing. No lighting is proposed and there will
be an emergency sign posted near the entrance of the facility. A storage container will be placed on site for
any items needed for the repair and maintenance of the facility. Once the site is no longer being used for
the solar facility it will be reclaimed by removing panels, racking, cabling, inverters, and all associated
equipment from the site and the site will returned to its condition prior to the solar facility being constructed.
Once the site is restored, it will return to agricultural production.
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:
USR19-0054, SunShare, LLC, Page 2 of 10
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 to traditional energy resources. Solar energy
can help support and enhance these traditional energy resources that can vary in demand
creating a friendly energy balance.
Section 22-5-140 — AE. Goal 1. states, "Support and encourage research, development
and use of alternative energy resources."
The Comprehensive Plan supports the development and use of solar energy specifically.
Section 22-5-140.A.5 - AE.Policy 1.5. states, "Support the development and use of solar
energy."
The proposed development is a solar facility that distributes solar power throughout the
grid.
Section 22-5-150. — A. states, "Given the abundance and variety of resources in the
County, it is desirable to support the use of these resources in the County."
Solar energy is an abundant and desired resource that can only benefit the County and
help strengthen the grid.
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. 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."
The proposed development adds another power -generation facility in the County that
benefits the residents of the County. The proposed location of the facility positively affects
the residents because they are able to use this energy for their properties, farms, etc. here
in Weld County. Furthermore, this proposed location of the solar facility is located directly
adjacent to the substation it will be connecting to limiting the development of other
substations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the county is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
USR19-0054, SunShare, LLC, Page 3 of 10
Section 23-3-40.R. — medium scale solar facility, subject to the additional requirements of
Section 23-5-1030." Based on this, the use may be permitted by a USR in the A
(Agricultural) zone district. The medium scale solar is a non -permanent and regulated use
of land and is consistent with 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.
There are seven (7) USRs within one mile of this site. These USRs consist of one (1) waste
cycling plant, SUP -252, one (1) feed lot, SUP -21, one (1) fairground facility, Corrected
MUSR15-00016, one (1) 12' natural gas pipeline, USR11-0016, one (1) mineral resource
development facility and one (1) oil and gas support and service facility. There are several
more USRs outside of the one (1) mile radius of the site that include gravel mining pits, oil
and gas production facilities, oil and gas support and service facilities, a machine shop, a
substation, produce processing facilities and migrant housing.
The Weld County Department of Planning Services sent notice to ten (10) surrounding
property owners within five -hundred (500) feet. No correspondences were received back
from surrounding property owners regarding the proposed application. There were no
emails or phone calls received regarding the proposed application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Towns of Milliken and
Gilcrest and the City of Evans. The towns of Milliken and Gilcrest had no concerns. The
City of Evans had comments on their referral dated, September 10, 2019, that reflected
their NOI Form, which requests the property owner to consider a pre -annexation
agreement.
The site is located within the City of Evans Coordinated Planning Agreement Area (CPA).
As part of the pre -application process, Evans submitted a signed Notice of Inquiry form
which requested the property owner to consider a pre -annexation agreement. During the
duration of the twenty-one (21) day period the applicant and City of Evans attempted to
create an annexation agreement but ultimately no agreement was pursued.
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, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The parcel is located on soils designated as "Irrigated Land (Not Prime)' - Farmlands of
National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. However, the proposed use is temporary, and soils will not be disturbed or
removed from the property. After the lease period, the land can be returned to agricultural
production.
USR19-0054, SunShare, LLC, Page 4 of 10
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 applicant shall attempt to address the requirements of the City of Evans, as stated in the
referral dated, September 10, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit a Landscape and Screening Plan per Section 23-4-1030.C of the
Weld County Code for review and approval by the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit a Decommissioning Plan per Section 23-4-1030.B of the Weld
County Code for review and approval by the Department of Planning Services. (Department
of Planning Services)
D. The applicant shall submit a Property Maintenance Plan which shall address dust, noxious
weeds and erosion per Section 23-4-1030.H of the Weld County Code for review and
approval by the Department of Planning Services. (Department of Planning Services)
E. A Road Maintenance Agreement is required at this location for construction. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes. (Department of Public Works)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0054 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the landscaping and screening on the site, in accordance with
Section 23-4-1030.C of the Weld County Code. (Department of Planning Services)
5. The map shall delineate the lighting, if applicable. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
USR19-0054, SunShare, LLC, Page 5 of 10
5) The map shall delineate the thirty (30) foot setback from the boundary of adjacent
properties, irrigation ditches, and rights -of -way in which no equipment shall be located,
in accordance with Section 23-4-1030.G of the Weld County Code. (Department of
Planning Services)
7. County Road 46 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. County Road 31 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
9. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11. 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)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat 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. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
USR19-0054, SunShare, LLC, Page 6 of 10
5. The Use by Special Review Permit 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 plat 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)
USR19-0054, SunShare, LLC, Page 7 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare, LLC
USR19-0054
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0054 for a Medium
Scale Solar Facility (12MW) 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 approved Property Maintenance Plan.
(Department of Planning Services)
5. The site shall be maintained in accordance with then approved Decommissioning Plan. (Department
of Planning Services)
6. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. No outdoor storage of any materials and equipment including, but not limited to, solar panels and
support structures not in operation will be allowed. (Department of Planning Services)
9. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the
boundary of adjacent properties, irrigation ditches and/or rights -of -way. (Department of Planning
Services)
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
USR19-0054, SunShare, LLC, Page 8 of 10
15. 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)
16. 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)
17. 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)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
19. 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)
20. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
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 Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property with notice to the facility
operator and/or property owner 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.
25. 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.
26. 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.
27. 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.
USR19-0054, SunShare, LLC, Page 9 of 10
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.
28. 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.
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.
USR19-0054, SunShare, LLC, Page 10 of 10
Planner:
Maxwell Nader
Case Number: USR19-0054
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: October 15, 2019
Western Equipment Truck, Inc. 2055 1s' Avenue Greeley, CO 80631
SunShare, LLC do Richard L. Miller, 1151 Bannock Street, Denver, CO 80204
A Site Specific Development Plan and Use by Special Review Permit for Medium Scale
Solar Facility (12MW) in the A (Agricultural) Zone District
Lot B of Recorded Exemption RE -598; being a part of the W2NW4 of Section 15,
Township 4, Range 66 West of the 61h P.M., Weld County, Colorado
South of and adjacent to County Road 46; east of and adjacent to County Road 31
+1- 79 acres Parcel No. 1057-15-0-00-038
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:
City of Evans, referral dated September 10, 2019
Weld County Department of Public Works, referral dated August 29, 2019
Weld County Department of Public Health and Environment, referral dated August 16, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Town of Milliken, referral dated September 6, 2019
▪ Colorado Parks and Wildlife, referral dated July 30, 2019
▪ Weld County Zoning Compliance, referral dated August 7, 2019
▪ Central Weld County Water District, referral dated August 20, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Gilcrest
Y Weld County Sherriff's Office
Y LaSalle Fire Protection District
Y Weld County School District RE -1
Y Weld County Department of Building Inspection
USR19-0054, SunShare, LLC, Page 1 of 10
Planner:
Maxwell Nader
Case Number: USR19-0054
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: October 15, 2019
Western Equipment Truck, Inc. 2055 1s' Avenue Greeley, CO 80631
SunShare, LLC do Richard L. Miller, 1151 Bannock Street, Denver, CO 80204
A Site Specific Development Plan and Use by Special Review Permit for Medium Scale
Solar Facility (12MW) in the A (Agricultural) Zone District
Lot B of Recorded Exemption RE -598; being a part of the W2NW4 of Section 15,
Township 4, Range 66 West of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 46; east of and adjacent to County Road 31
+1- 79 acres Parcel No. 1057-15-0-00-038
SunShare, LLC is a clean energy company that designs, builds and installs community solar facilities and
is requesting a Site Specific Development Plan and Use by Special Review Permit for a Medium Scale
Solar Facility (12MW DC) on an approximately seventy-nine (79) acre parcel. Proposed improvements to
the site consist of The project will be developed in three (3) phases. The first phase will be 2MW and will
start directly after approval of the USR. Phase two (2) and three (3) will both be an additional 5MW DC
each, totaling 12MW DC at full buildout. Power will be delivered from the solar facility's transformer to the
existing Xcel distribution lines on the north side of County Road 46 and will be overhead connection.
The facility is unmanned and no water or sewage disposal service is proposed. During the construction
phase, there will be twenty (20) workers at the site for approximately forty0five (45) days. Bottled water,
handwashing units and portable toilets will be provided during construction. Once the site is in operation,
the site will produce energy during daylight hours and one to two (1-2) workers will perform quarterly
maintenance and inspection. To comply with the National Electric Code, there will be an eight (8) foot in
height game fence installed around the entire perimeter of the site, which will be designed to CPW
standards. The fence and gate will be constructed of 4" X 4" welded rod material with a barbless wire apron
extended out at a 45 -degree angle for the top one (1) inch of fencing. No lighting is proposed and there will
be an emergency sign posted near the entrance of the facility. A storage container will be placed on site for
any items needed for the repair and maintenance of the facility. Once the site is no longer being used for
the solar facility it will be reclaimed by removing panels, racking, cabling, inverters, and all associated
equipment from the site and the site will returned to its condition prior to the solar facility being constructed.
Once the site is restored, it will return to agricultural production.
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:
USR19-0054, SunShare, LLC, Page 2 of 10
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 to traditional energy resources. Solar energy
can help support and enhance these traditional energy resources that can vary in demand
creating a friendly energy balance.
Section 22-5-140 — AE. Goal 1. states, "Support and encourage research, development
and use of alternative energy resources."
The Comprehensive Plan supports the development and use of solar energy specifically.
Section 22-5-140.A.5 - AE.Policy 1.5. states, "Support the development and use of solar
energy."
The proposed development is a solar facility that distributes solar power throughout the
grid.
Section 22-5-150. — A. states, "Given the abundance and variety of resources in the
County, it is desirable to support the use of these resources in the County."
Solar energy is an abundant and desired resource that can only benefit the County and
help strengthen the grid.
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. 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."
The proposed development adds another power -generation facility in the County that
benefits the residents of the County. The proposed location of the facility positively affects
the residents because they are able to use this energy for their properties, farms, etc. here
in Weld County. Furthermore, this proposed location of the solar facility is located directly
adjacent to the substation it will be connecting to limiting the development of other
substations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the county is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
USR19-0054, SunShare, LLC, Page 3 of 10
Section 23-3-40.R. — medium scale solar facility, subject to the additional requirements of
Section 23-5-1030." Based on this, the use may be permitted by a USR in the A
(Agricultural) zone district. The medium scale solar is a non -permanent and regulated use
of land and is consistent with 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.
There are seven (7) USRs within one mile of this site. These USRs consist of one (1) waste
cycling plant, SUP -252, one (1) feed lot, SUP -21, one (1) fairground facility, Corrected
MUSR15-00016, one (1) 12' natural gas pipeline, USR11-0016, one (1) mineral resource
development facility and one (1) oil and gas support and service facility. There are several
more USRs outside of the one (1) mile radius of the site that include gravel mining pits, oil
and gas production facilities, oil and gas support and service facilities, a machine shop, a
substation, produce processing facilities and migrant housing.
The Weld County Department of Planning Services sent notice to ten (10) surrounding
property owners within five -hundred (500) feet. No correspondences were received back
from surrounding property owners regarding the proposed application. There were no
emails or phone calls received regarding the proposed application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Towns of Milliken and
Gilcrest and the City of Evans. The towns of Milliken and Gilcrest had no concerns. The
City of Evans had comments on their referral dated, September 10, 2019, that reflected
their NOI Form, which requests the property owner to consider a pre -annexation
agreement.
The site is located within the City of Evans Coordinated Planning Agreement Area (CPA).
As part of the pre -application process, Evans submitted a signed Notice of Inquiry form
which requested the property owner to consider a pre -annexation agreement. During the
duration of the twenty-one (21) day period the applicant and City of Evans attempted to
create an annexation agreement but ultimately no agreement was pursued.
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, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The parcel is located on soils designated as "Irrigated Land (Not Prime)' - Farmlands of
National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. However, the proposed use is temporary, and soils will not be disturbed or
removed from the property. After the lease period, the land can be returned to agricultural
production.
USR19-0054, SunShare, LLC, Page 4 of 10
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 applicant shall attempt to address the requirements of the City of Evans, as stated in the
referral dated, September 10, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit a Landscape and Screening Plan per Section 23-4-1030.C of the
Weld County Code for review and approval by the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit a Decommissioning Plan per Section 23-4-1030.B of the Weld
County Code for review and approval by the Department of Planning Services. (Department
of Planning Services)
D. The applicant shall submit a Property Maintenance Plan which shall address dust, noxious
weeds and erosion per Section 23-4-1030.H of the Weld County Code for review and
approval by the Department of Planning Services. (Department of Planning Services)
E. A Road Maintenance Agreement is required at this location for construction. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes. (Department of Public Works)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0054 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the landscaping and screening on the site, in accordance with
Section 23-4-1030.C of the Weld County Code. (Department of Planning Services)
5. The map shall delineate the lighting, if applicable. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
USR19-0054, SunShare, LLC, Page 5 of 10
5) The map shall delineate the thirty (30) foot setback from the boundary of adjacent
properties, irrigation ditches, and rights -of -way in which no equipment shall be located,
in accordance with Section 23-4-1030.G of the Weld County Code. (Department of
Planning Services)
7. County Road 46 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. County Road 31 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
9. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11. 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)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat 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. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
USR19-0054, SunShare, LLC, Page 6 of 10
5. The Use by Special Review Permit 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 plat 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)
USR19-0054, SunShare, LLC, Page 7 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare, LLC
USR19-0054
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0054 for a Medium
Scale Solar Facility (12MW) 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 approved Property Maintenance Plan.
(Department of Planning Services)
5. The site shall be maintained in accordance with then approved Decommissioning Plan. (Department
of Planning Services)
6. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. No outdoor storage of any materials and equipment including, but not limited to, solar panels and
support structures not in operation will be allowed. (Department of Planning Services)
9. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the
boundary of adjacent properties, irrigation ditches and/or rights -of -way. (Department of Planning
Services)
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
USR19-0054, SunShare, LLC, Page 8 of 10
15. 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)
16. 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)
17. 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)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
19. 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)
20. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
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 Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property with notice to the facility
operator and/or property owner 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.
25. 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.
26. 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.
27. 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.
USR19-0054, SunShare, LLC, Page 9 of 10
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.
28. 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.
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.
USR19-0054, SunShare, LLC, Page 10 of 10
September 11, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
MILLER RICHARD
1151 BANNOCK ST.
DENVER, CO 80204
Subject: USR19-0054 - A Site -Specific Development Plan and Use by Special Review Permit for
Medium Scale Solar Facility (12MW) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -598, PART W2NW4 SECTION 15, T4N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 15, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 30, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanninqcases.org
If you have any questions concerning this matter, please call.
Respectfully,
,y
Maxwell Nader
Planner
FIELD CHECK
Inspection date: October 3, 2019
CASE NUMBER: USR19-0054
APPLICANT: Western Equipment Truck, Inc. 2055 1st Avenue Greeley, CO
80631
SunShare, LLC c/o Richard L. Miller, 1151 Bannock Street,
Denver, CO 80204
LEGAL DESCRIPTION:
LOCATION:
Lot B of Recorded Exemption RE -598; being a part of the W2NW4
of Section 15, Township 4, Range 66 West of the 6th P.M., Weld
County, Colorado
South of and adjacent to County Road 46; east of and adjacent
to County Road 31
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Rural Residential
E
A (Agricultural)
E
Agricultural / Farmland / Rural Residential
S
A (Agricultural)
S
Agricultural / Rural Residential
W
A (Agricultural)
W
Agricultural / Farmland / SUP -252 (waste recycling plant)
COMMENTS:
The site is located south of and adjacent to CR 46 and east of and adjacent to CR 31. The site doesn't
contain any improvements. It appears that the site may be farmed for onions. There is an oil and gas
laydown yard permitted through MUSR14-0033 northeast of the property. There is oil and gas directly
north of property as well as the substation that the solar facility will utilize.
f/
Maxwell Nader, Planner I 10/03/2019
Hello