HomeMy WebLinkAbout20260603 USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
COUNTY,CO
Planner: Chris Gathman /Angela Snyder Hearing Date: March 3, 2026
Case Number: USR25-0021
Owner: Robert Anderson
14900 County Road 36, Platteville, CO 80651
Applicant: Jack Godshall, Windy Bluff Resiliency LLC
1108 Lavaca Street, Suite 110-349 Austin TX, 78701
Site Address: 14900 County Road 36, Platteville, CO 80651
Request: A Use by Special Review 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 Lot A and Lot B Recorded Exemption RE-4639, being part of the NE4 and SW4SW4 of
Description: Section 9, T3N, R66W, 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
Size of Parcels: ± 34.87 acres Parcel Nos. 1211-09-1-00-022
1211-09-1-00-023
The criteria for review of this Special Review Permit are 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:
➢ Platte Valley Canal, referral dated December 12, 2025
➢ Colorado Parks and Wildlife, referral dated December 30, 2025
➢ Xcel Energy— Public Service Company, referral dated January 5, 2025
➢ Weld County Planning Services— Development Review, referral dated January 13, 2026
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Platteville, referral dated December 22, 2025
➢ Colorado Division of Water Resources, referral dated December 17, 2025
➢ Weld County Oil and Gas Energy Department, referral dated February 10, 2026
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Gilcrest
➢ Weld County Sheriff's Office
➢ Weld County School District RE-1
➢ Occidental Petroleum Corporation
➢ Platte Valley Conservation District
➢ Central Colorado Water Conservancy
➢ Colorado Department of Transportation
➢ Platteville-Gilcrest Fire Protection District
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➢ Weld County Emergency Management Office
Case Summary
The request is for a utility-scale Battery Energy Storage System (BESS), expected to store up to 125
megawatts. The facility will support Xcel Energy's Vasquez Substation, adjacent to the site to the north,
connected with a generation transmission (gen-tie) line. The electrochemical batteries are expected to
provide stability to grid.The dimensions of each battery enclosure are expected to be approximately twenty
(20) feet long by eight (8) feet wide by twelve (12) feet high. The quantity of BESS enclosures and the
equipment are subject to change based on available battery technology at the time of construction, but the
overall project footprint will not change. The project is expected to employ 100 workers during construction
and be unmanned when operational with weekly maintenance visits. The project also includes a control
shelter and three trailers for storage and temporary workstations as needed. An opaque fence is proposed
to screen the facility from adjacent properties and rights-of-way.Xcel Energy, in the January 5,2026 referral
provided advisory comments, but expressed no concerns.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60.8. 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
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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 23-2-220.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
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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 23-2-220.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 Department of Planning Services' staff 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)
B. The applicant shall acknowledge the advisory comments of Colorado Parks and Wildlife, as
stated in the referral response dated December 30, 2025. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall acknowledge the advisory comments of Xcel 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. (Department of Planning Services)
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)
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F. The map shall be amended to delineate the following:
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)
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
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)
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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.
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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.
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DEPARTMENT OF PLANNING
Vviauw. SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
COUNTY, CO Email: cgathman@weld.gov
Phone: (970) 400-3537
February 5, 2026 Fax: (970) 304-6498
Jack Godshall
14900 COUNTY ROAD 36
Austin, TX 78701
Subject: USR25-0021 - A 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
On parcel(s) of land described as:
ots 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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 3, 2026 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 25, 2026
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has been
met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
Chris Gathman
Planner
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