HomeMy WebLinkAbout20260602 EXHIBIT
Before the Weld County, Colorado, Planning Commission 3
3 .a.s -
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number USR25-0021
Applicant: Robert Anderson, c/o Windy Bluff Resiliency. LLC
Planner. Angela Snyder
Request Use by Special Review Permit 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.
Legal Description: 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.
Location. South of and adjacent to County Road 36; west of and adjacent to County Road
31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60.8. 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 a solar energy facility 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.
Section 22-2-60.8.2. 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 access 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.
Section 22-2-60.8.3. 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.
Section 22-2-60.8.5. 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 that 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.
Resolution USR25-0021
Robert Anderson,do Windy Bluff Resiliency, LLC
Page 2
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."
Energy development, as stated in the intent of the zone district, includes support for energy-
related facilities such as the proposed Battery Energy Storage System (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, solar energy facilities are addressed in
Section 23-3-40.GG, and wind generators in Section 23-3-40.MM.
C. Section 23-2-220.A.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. No correspondence was received.
There are fifteen (15) USRs within one 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 Areas (CPA) and three (3) mile referral
areas of the Towns of Gilcrest and Platteville. The Town of Platteville returned a Notice of
Inquiry response on November 11, 2025, and referral response on December 22, 2025,
indicating no concerns and no desire to annex. The Town of Gilcrest, in the notice of inquiry
response dated June 10, 2025, indicated a desire to annex the property, but stated that the
property owner was unwilling. The Town of Gilcrest did not return a referral response.
D. Section 23-2-220.A.4--That 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 Growth Boundary for both the Town of
Gilcrest and the Town of Platteville. No interference with urban development is expected.
E. Section 23-2-220.A.5 --That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
Resolution USR25-0021
Robert Anderson, c/o Windy Bluff Resiliency, LLC
Page 3
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 23-2-220.A.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 indicates that 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 23-2-220.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 proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached conditions of
approval and development standards ensure that 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of 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. (Department of Planning
Services)
stated in the referral response dated December 30, 2025. Written evidence of such shall be
Seises)
C. The applicant shall acknowledge the advisory comments of Xcel Energy, as stated in the
D. 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. (Development Review)
E. 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. (Development Review)
F. The map shall be amended to delineate the following:
Resolution USR25-0021
Robert Anderson, c/o Windy Bluff Resiliency, LLC
Page 4
1. All sheets of the map shall be labeled USR25-0021 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
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 on the USR map or plat the existing right-of-way (along with its
creating documents) 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. (Development
Review)
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. The applicant
shall delineate and label on the USR map or plat the existing right-of-way (along with its
creating documents) 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. (Development
Review)
5. Show and label the approved access location(s), approved access width and the
appropriate turning radii (65'). (Development Review)
6. Show and label the approved tracking control. (Development Review)
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. (Development Review)
8. 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. (Development Review)
9. Show and label the drainage flow arrows. (Development Review)
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 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 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 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.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
Resolution USR25-0021
Robert Anderson, c/o Windy Bluff Resiliency, LLC
Page 5
C. The applicant shall acquire a Transport Permit from Weld County Public Works for any
overweight or oversized vehicle being used during the construction phase of this project.
(Development Review)
5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Virginia Guderjahn.
VOTE:
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 3, 2026.
Dated( the 3rd of March, 2026
'� . \\Malt--120.0I41.QiYL
Kristine Ranslem
Secretary
Resolution USR25-0021
Robert Anderson, c/o Windy Bluff Resiliency, LLC
Page 6
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Windy Bluff Resiliency LLC
USR25-0021
1. Use by Special Review Permit No. 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, 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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site
once operational. (Department of Planning Services)
5. 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. (Development Review)
6. The access to the site shall be maintained to mitigate any impact to the public road, including damages
and/or off-site tracking. (Development Review)
7. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
8. 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. (Development Review)
9. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
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. (Development Review)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
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. (Department of Planning Services)
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. (Department of Planning Services)
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.
Resolution USR25-0021
Robert Anderson, c/o Windy Bluff Resiliency, LLC
Page 7
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. (Department of
Planning Services)
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. (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 Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
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.
EXHIBIT
P)
v spas - ooz
Summary of the Weld County Planning Commission Meeting
Tuesday, March 3, 2026
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Vice Chair
Michael Wailes, at 1:30 p.m.
Roll Call
Present: Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn.
Absent: Barney Hammond, Butch White.
Also Present: Angela Snyder, Department of Planning Services, Mike McRoberts, Development Review,
Matthew Conroy, County Attorney, and Kris Ranslem, Secretary.
Case Number: USR25-0021
Applicant: Robert Anderson, Go Windy Bluff Resiliency, LLC
Planner: Angela Snyder
Request: Use by Special Review Permit 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.
Legal Description: 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.
Location: South of and adjacent to County Road 36; west of and adjacent to County Road
31.
Angela Snyder, Planning Services, presented Case USR25-0021, reading the recommendation and
comments into the record. Ms. Snyder noted that two (2) letters of support were received for this
application. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Kurt Nelson, Development Director for Jupiter Power, 200 West Madison, Chicago, Illinois, stated that
Jupiter Power is one of the largest U.S. stand along energy storage platforms across the country. He said
that there are 12 operating sites and another seven (7) under construction in Texas, California and
Michigan. Mr. Nelson said that that although there are no operating projects currently in Colorado, it is a
key target state for Jupiter. He added that they have some projects along the front range and western
slope.
Mr. Nelson said that the battery energy storage system connects to the grid system,via an existing electrical
substation. He added that they charge when there is abundant power and then discharge that power when
there isn't enough power on the grid. Batteries are important because grid operators have to balance the
generation of power with the actual demand for power. The batteries allow them to make the grid more
flexible and responsive. Mr. Nelson said that batteries can result in consumer cost savings by charging up
when there is abundant power when energy prices are generally lower.
Mr. Nelson stated that this project will be 125 megawatts northeast of Platteville. They expect construction
to start in the second quarter of 2028 and operations to start in the second quarter of 2029. He said that
batteries are a low impact use and a good neighbor. The site will be surrounded by a fence and locked.
The fence will also have some opaque aesthetic buffering. Mr. Nelson said that there is a chance of fire
but it is extremely low. He added that they have been coordinating really closely with the Platteville-Gilcrest
Fire Protection District on the design of the project and they will also conduct trainings before operations
begin and then annually or biannually trainings as well.
1
Marcus Pachner, 1914 14'h Avenue, Greeley, stated that they met with many homeowners, area residents
and a secondary meeting was held with neighbors who are one mile away to really be sure to provide the
education and the understanding of this project. Additionally, they met with the surrounding towns,
businesses, fire services and utility companies so everyone had an awareness of public safety.
Mr. Pachner said that they studied the Comprehensive Plan and the Zoning in Chapter 23. He added that
they have designed this project to minimize the environmental impact and footprint of this site and protect
all of the values that Weld County desires to protect.
Mr. Pachner said that there are seven (7) solar facilities within one mile of this project. He said that they
are working with Valley High School in their FFA department at the site and believe it will eventually will
grow into the work based learning. There is no discharge from these storage systems and they honor the
environmental integrity of this site.
Commissioner Palizzi asked what the life span is for this facility. Mr. Nelson said that contracts for these
projects are 20 years, however, they expect the life span to be 30 to 35 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff if they have any changes to the Conditions of Approval or Development Standards.
Ms. Snyder requested the deletion of Conditions of Approval 1.B and 1.0 as the applicant has addressed
those conditions.
Motion: Delete Conditions of Approval 1.B and 1.0 as recommended by Staff, Moved by Michael Palizzi,
Seconded by Cole Ritchey. Motion carried unanimously.
The Chair asked the applicant if they have read through the Development Standards and amended
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR25-0021 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Palizzi, Seconded by Virginia Guderjahn.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia
Guderjahn.
Meeting adjourned at 2:20 p.m.
Respectfully submitted,"
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
it iaAM. d64,
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
Alaii fi/Ie 56‘)-i'r i21 59 l Y /ialf )(1�- fib,/Xe.4c(A. ,79/*/ /Yam— /(--ve 6-yef / 444 //e ,
ri sQc. Fir l< At. a:nahu..r►. S t. 14Y 64-4-ar, IL 496 k 7 iam ken ea-ef r
c•op &GOLi , c_b0 Ai6J4, v 5f Cl7%tc. GO(,O(
O h,tc. Pas>< 7620 ST Qn/,11Li e/atc ZUG L✓, e AID iv
&ems dfk,shQ.r•rtie,-s�oltwcc . �,.r,
Michelle L.LIs 459 Fr,l--Q dq Dr &older , Co ao*ol mleis6dvde.k con-, .
SOS Pr -,;‘,67 14,, Ma . S�. STjcl3bbr (.14,s .lD Cnt 6(n . 10
Hello