HomeMy WebLinkAbout20260601 Draft Resolution
Approve Use by Special Review Permit, USR25-0021, for uses similar to a Solar
Energy Facility (Battery Energy Storage System [BESS]), outside of subdivisions
and historic townsites in the A (Agricultural) Zone District — Robert Anderson, c/o
Windy Bluff Resiliency, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 25th day of
March, 2026, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert Anderson, 14900 County Road 36, Platteville, Colorado
80651, c/o Windy Bluff Resiliency, LLC, 1108 Lavaca Street, Suite 110-349, Austin,
Texas 78701, for Use by Special Review Permit, USR25-0021, for uses similar to a
Solar Energy Facility (Battery Energy Storage System [BESS]), outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lots A and B of Recorded Exemption, RE-4639; being part of the NE1/4 of
Section 9, Township 3 North, Range 66 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing, the applicant was present/represented by [Representative],
[Representative Address], and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B — The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.B.1 states: "Support responsible energy and mineral
development." The Battery Energy Storage Systems (BESS) store
electricity from the electrical grid during times of low demand or from
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a Solar Energy Facility (SEF) during the day. The electricity is
released back into the grid during peak demand or outages, which
supports the grid during high demand periods. A 100 MW / 4-hour
BESS discharges 100 MW for 4 hours, 100 megawatts (MW DC) x 4
hours = 400 megawatt hours (MWh). The project is expected to
deploy 294 BESS units.
2) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior to
development of energy and mineral resource production facilities."
The site is accessed by County-maintained gravel roads, which is
acceptable for an unmanned facility. At the peak of construction, the
site is expected to have 100 construction workers. A Road
Maintenance Agreement During Construction is required as a
Condition of Approval to mitigate any construction-related road
damage.
3) Section 22-2-60.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
BESS facility is located on land not currently being irrigated,
surrounded by seven (7) approved solar facilities. The BESS will
support these facilities, providing a vehicle to stabilize the amount of
electricity provided to the nearby transmission line.
4) Section 22-2-60.B.5 states: "Energy development facilities should
preserve agricultural areas and enhance the rural landscape." The
subject property is currently used for dryland farming. The area is
currently fallow agriculture and is not subject to active irrigation. No
new landscaping is proposed due to lack of irrigation water. The
application materials state the disturbed soil will be seeded to
prevent erosion and control noxious weeds. The revegetation plan is
intended to restore the site to a stable, low-maintenance condition
that aligns with surrounding agricultural land uses and minimizes
long-term environmental impacts.
B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, 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)
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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." Energy
development, as stated in the intent of the zone district, includes
support for energy-related facilities such as the proposed BESS. A
BESS is a relatively new technology and is not currently listed in the
Weld County Code. The purpose of a BESS is to promote electrical
grid stability by storing energy and providing an alternative source of
electricity, similar to how solar and wind facilities supplement
traditional power sources. Under Section 23-3-40.KK of the Weld
County Code, uses similar to allowed uses may be permitted through
Special Review. For example, SEFs are addressed in
Section 23-3-40.GG, and wind generators in Section 23-3-40.MM.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses include
pastures, crops, solar, rural residences, and oil and gas operations. There
are two (2) homes within 500 feet of the subject property. The closest
residence is 300 feet from the facility. The applicant has proposed an
opaque fence around the BESS that can double as a sound wall to mitigate
both visual and noise nuisances. The Weld County Department of Planning
Services sent notice to ten (10) surrounding property owners (SPOs) and
no correspondence was received. There are 15 USRs within one (1) mile of
the site: seven (7) solar facilities, three (3) kennels, two (2) transmission
lines, a vehicle repair establishment, a private radio tower, a high-pressure
natural gas line, and a commercial egg farm. The site is located within the
Coordinated Planning Agreement (CPA) areas and three (3)-mile referral
areas of the Towns of Gilcrest and Platteville. The Town of Platteville
returned a Notice of Inquiry (NOI) response on November 11, 2025, and a
referral response on December 22, 2025, indicating no concerns and no
desire to annex. The Town of Gilcrest, in the NOI response, dated June 10,
2025, indicated a desire to annex the property, but stated the property
owner was unwilling. The Town of Gilcrest did not return a referral response.
D. Section 23-2-230.B.4 — The uses which would 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 this Code or master plans of affected municipalities. The
property is designated on the Comprehensive Plan Map for
Urban-NonUrban Mixed Development. The site is located outside the Urban
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Growth Boundary for both the Town of Gilcrest and the Town of Platteville.
No interference with urban development is expected.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by
the County, including A-P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 (Municipal Separate Storm Sewer
System) area, Special Flood Hazard Area, Historic Townsites Overlay
District, or Agricultural Heritage Overlay District. Building Permits issued on
the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 100% of the site consists of Olney loamy sand, classified as
"Farmland of Statewide Importance." Though not specifically "prime
farmland" the applicant has included precautions in the Decommissioning
Plan to allow for the land to be returned to agricultural use at the end of the
life of the facility.
G. Section 23-2-230.B.7 — 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
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Robert Anderson, do Windy Bluff Resiliency, LLC, for
Use by Special Review Permit, USR25-0021, for uses similar to a Solar Energy Facility
(Battery Energy Storage System [BESS]), outside of subdivisions and historic townsites
in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby
is, granted subject to the following conditions:
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1 . Prior to recording the map:
A. The applicant shall address the requirements of the Farmers Reservoir and
Irrigation Company, as stated in the referral response, dated December 12,
2025. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
DT-he lcan�;all Qckn ledge the advisory Comments of Colorado Darks
and Wildlife as stater) in referral response dated December 30 5-
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Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
C. The applicant shall acknowledge the advisory comments of Xccl Energy, as
stated in the referral response dated January 5, 2025. Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
B. 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.
C. A Final Drainage Report with a detention (or retention if approved) pond and
Certification of Compliance, stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0021.
2) The attached Development Standards.
3) County Road 31 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. The applicant shall delineate and label the
existing right-of-way (along with its creating documents) and the
physical location of the road on the USR map or plat. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
4) County Road 36 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 on the USR map or plat. The applicant shall
delineate and label the existing right-of-way (along with its creating
documents) and the physical location of the road. All setbacks shall
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be measured from the edge of the right-of-way. This road is
maintained by Weld County.
5) The applicant shall show and label the approved access location(s),
approved access width, and the appropriate turning radii (65').
6) The applicant shall show and label the approved tracking control.
7) The applicant shall 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.
8) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention (or
Retention if approved), No-Build or Storage Area" and shall include
the calculated water quality and detention volumes.
9) The applicant shall show and label the drainage flow arrows.
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 paper map along with all other documentation required as
Conditions of Approval. The paper 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 paper map and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners'
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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C. The applicant shall acquire a Transport Permit from the Weld County
Department of Public Works for any overweight or oversized vehicle being
used during the construction phase of this project.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
Use by Special Review Permit
Development Standards
Robert Anderson, c/o Windy Bluff Resiliency, LLC
USR25-0021
1. Use by Special Review Permit, USR25-0021, is for uses similar to a Solar Energy
Facility (Battery Energy Storage System [BESS]), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, 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.
3. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
4. The facility is unmanned and will operate year-round. Limited maintenance
personnel may visit the site, once operational.
5. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. The access to the site shall be maintained to mitigate any impact to the public road,
including damages and/or off-site tracking.
7. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
8. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit prior to
commencement.
9. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement During Construction.
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10. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
11. Weld County is not responsible for the maintenance of on-site drainage related
features.
12. 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.
13. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
14. Adequate drinking, handwashing, and toilet facilities shall be provided for
employees and patrons of the facility, at all times. Portable toilets and bottled water
are acceptable. Records of maintenance and proper disposal for portable toilets
shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way.
15. 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.
16. 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.
17. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
18. Construction or use pursuant to approval of a Use by Special Review Permit shall
commence within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated.
19. 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.
20. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 25th day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
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