HomeMy WebLinkAbout20241571.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst
Case Number: USR24-0004
Property Owner: Workman's Livestock, LLC, c/o Alisha L. Acosta
22257 County Road 52, Greeley, CO 80631
Hearing Date: June 4, 2024
Applicant: Pivot Solar 50 LLC and Pivot Solar 51 LLC
c/o Kyle Sundman, 1601 Wewatta Street, Suite 700, Denver, CO 80202
Request:
Legal
Description:
Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Lot B Recorded Exemption RE -3136 being part of the SW4 of Section 26, T5N,
R65W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 52, approximately 0.5 miles west of County
Road 47
Size of Parcel:
Parcel boundary: ± 73.46 acres Parcel No. 0961-26-3-00-069
Solar array: +/- 55.79 acres
The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4-
1030 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Colorado Parks and Wildlife, referral dated February 6, 2024
➢ Public Service of Colorado (Xcel Energy), referral dated February 5, 2024
➢ Weld County Oil and Gas Energy Department, referral dated January 31, 2024
➢ Weld County Department of Public Health and Environment, referral dated February 7, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated February 23, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated January 30, 2024
➢ Town of Kersey, referral dated January 30, 2024
➢ City of Greeley, referral dated February 27, 2024
➢ Town of Garden City, referral dated January 30, 2024
➢ Weld County Sheriff's Office, referral dated January 30, 2024
➢ Central Weld County Water District, referral dated February 26, 2024
➢ West Greeley Conservation District, referral dated February 12, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ PDC Energy Inc.
➢ Williams Companies
➢ Union Pacific Railroad
➢ LaSalle Fire Department
➢ Weld County RE -6 Schools
➢ Greeley -Weld County Airport Authority
➢ Weld County Office of Emergency Management
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Case Summary:
The applicant, Pivot Energy, Inc., is requesting a Use by Special Review Permit for two (2) Solar Energy
Facilities (SEFs) on the same parcel: Pivot Solar 50 LLC (PS50) also referred to as Phase 1 and Pivot Solar
51 LLC (PS51) referred to as Phase 2. PS50 is on the west side of the subject property and will encompass
approximately 24.47 acres. PS51 is on the east side of the subject property and will encompass
approximately 31.32 acres. The total area of disturbance is approximately 55.79 acres. The subject property
is 73.46 acres in size and is privately owned by Workman's Livestock LLC. Each SEF will generate about
5 MW alternating current (ac) for a total of 10 MW ac. The facility will consist of solar modules mounted on
single -axis trackers, which allow the panels to track the sun from east to west over the course of the day.
The project will also include inverters mounted on steel posts or beams, concrete -pad mounted
transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates.
Pivot Solar 50 LLC will deliver electricity to a local energy consumer via Xcel Energy's "Solar*Rewards
Offsite" program. This program is similar to Xcel's "Solar Rewards Community" program but allows for larger
power consumers to subscribe to a larger amount of solar.
Pivot Solar 51 LLC will deliver electricity to Xcel Energy for twenty (20) years through the Utility's
"Solar*Rewards Community" program. After the program sunsets, Pivot intends to enter into a power
purchase agreement with the utility to continue providing clean energy to Weld County between years twenty
and forty (20-40), with forty (40) years being the full term of the lease.
The panels are expected to be less than ten (10) feet above grade at their highest point and will be
surrounded by a wildlife friendly game fence. Below the panels the application states agrivoltaics is a
priority of the company and depending on tenant farmer availability, and project financials, Pivot will
evaluate whether the secondary agricultural use will take the form of sheep grazing or crop production
underneath the panels, with a strong preference towards the latter.
The site will be visited by one (1) to four (4) people up to eight (8) times annually for routine inspections,
maintenance, and vegetation control and on an as -needed basis to address equipment outages. There will
be no permanent staff on the site, which will be remotely monitored. The Project will be surrounded by a 7 -
foot -tall game fence.
The code requires landscaping and screening or waivers from the affected property owner if the site is
within 500 feet of a residence. This site is located within 500 feet of nine (9) residences. The landscape
plan submitted in the application materials states that, "If there are neighboring residences within a 500 -
foot buffer, Pivot Energy Inc. will provide an option to decrease visual impacts, such as opaque fencing,
landscaping features, or an agreed upon mitigation measure." Staff has added a Condition of Approval that
waivers from nine (9) property owners are required or an opaque landscaping and/or screening plan is
required.
The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
A Decommission and Reclamation plan along with a cost estimate was submitted with the application
materials.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and
Section 23-4-1030.B 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.
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Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a
significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy Facility, being a power -
generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional
energy resources are tied to commodity markets and can vary in demand and output. This facility
can complement and support the economy during times of fluctuating oil and gas activity.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are nine (9) rural residences that is less than five hundred (500) feet
from the facility. The applicant is required to provide waivers from nine (9) property owners or install
an opaque landscaping and/or screening plan.
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."
This code section supports the installation of the subject Solar Energy Facility, which is an energy
development. The facility will provide power to be utilized by residences, businesses and farming
operations in Weld County.
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160) acres
in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located
in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld
County Code, a "Solar Energy Facility means: a commercial facility whose primary purpose is to
supply electricity and consists of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage, electrical infrastructure, generators,
transmission lines, communications infrastructure, and other appurtenant structures and/or
facilities." The SEF will encumber approximately 55 acres of a 73 -acre parcel.
The proposal meets the intent of A (Agricultural) Zone District as the facility will produce energy and
will not interfere with adjacent agricultural operations.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The properties adjacent to the parent parcel are zoned A (Agricultural) and the land uses include
production agriculture, oil and gas production site and rural residences. Weld County Department
of Planning Services staff sent notice to twenty-two (22) surrounding property owners who own the
adjacent properties within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
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There are seven (7) USRs within one (1) mile of the site. USR19-0008 is for a greater than 12 -inch
HP natural gas pipeline and USR15-0063 for mineral resource and development facility are located
to the east. USR-1478 for a concrete business are located to the north. USR19-0012 for a mineral
resource development facility and 2MUSR18-84-602 or oil and gas support and service are located
to the west. USR-1274 is for vehicle storage and USR23-0028 for US Solar Company SEF are
located to the south.
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
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 Coordinated Planning Agreement Area (CPA) for the City of Evans
and the Town of Kersey. As part of the pre -application process the municipalities were sent a Notice
of Inquiry (NOI). The City of Evans returned their Notice of Inquiry form with comment dated
December 21, 2023 stating: "While this property is located within the three mile Evans -Weld CPA,
it is over 2.25 miles east of the existing Evans municipal boundaries and is east of the South Platte
River. Annexation is not possible or practical at this time." The Town of Kersey Notice of Inquiry in
the response dated December 14, 2023 stated annexation will not be pursued.
The site is located within the three (3) mile referral area of the Cities of Greeley and Evans and the
Towns of Kersey and Garden City. The City of Evans and Greeley submitted referral agency
comments dated January 30, 2024 and February 27, 2024, respectively, stating no concerns. The
Towns of Kersey and Garden City also stated no concerns in their referral agency comments both
dated January 30, 2024. The site is located in the City of Evans' Urban Growth Area and designated
on their Future Land Use Map as Rural Residential and Industrial Rail Access as the site is just
south of the rail corridor. The subject property is located outside of the City of Greeley's, the Town
of Kersey's and the Town of Garden City's future land use maps.
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 within the Airport Overlay District and is not within the 1-25 Overlay District, Special
Flood Hazard Area, the Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the property will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Program.
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 facility will be predominately located on Dacono clay loam 0-1 percent slopes, which are
classified with an C rating, and are classified as Prime Farmland if irrigated. The remainder of the
site consist of Aquolls and Aquents with a D rating and are classified as "Prime farmland if drained
and either protected from flooding or not frequently flooded during the growing season" per the soil
report dated December 12, 2023, from the Natural Resource Conservation Service Soil Survey. The
applicant indicates that the land will continue in agricultural production when the site is
decommissioned.
Per the application materials the property owner stated that there are water rights associated with
the land which will be utilized for the Agrivoltaic component of the facility.
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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 Xcel Energy a Public Service of Colorado Company,
as stated in the updated referral response dated February 5, 2024. Evidence of such shall be
submitted in writing 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 their referral dated February 6, 2024. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Weld County Oil and Gas Energy Department
C. The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated January 31, 2024. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Weld County Oil and Gas Energy
Department)
D. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties
to the east and south, the applicant shall submit an irrigation plan to the Department of Planning
Services for review and acceptance. (Department of Planning Services)
E. The applicant shall submit to the Department of Planning Services any screening waivers from
residents within five hundred (500) feet. If waivers are not obtained opaque screening is required
per the accepted Department of Planning Services Landscape and Screening plan. (Department
of Planning Services)
F. A Drainage Narrative with a qualifying exception (accepted by Development Review) or a Final
Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Development Review)
G. A Road Maintenance Agreement - 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)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0004 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
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3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld
County Code. (Department of Planning Services)
5. Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30.B
of the Weld County Code), storage areas and miscellaneous improvements, as applicable.
Clearly indicate which items are temporary for use during construction and which items are
permanent. (Department of Planning Services)
6. Required fencing, gates and any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. (Department of
Planning Services)
7. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will
not shine directly onto adjacent properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of
Planning Services)
8. Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
9. Planned oil and gas surface development areas, corridors, access roadways, etc. as part of
any executed Surface Use Agreement, if applicable. (Department of Planning Services)
10. Screening plan for residences within five hundred (500) feet, unless a waiver from the resident
has been supplied to the Department of Planning Services. (Department of Planning Services)
11. County Road 52 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The
applicant shall delineate and label on the plat the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of County Road 52. If
the existing right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of
setback in the Weld County Code Section 23-1-90, the required setback is measured from the
right-of-way line. This road is maintained by Weld County. (Development Review)
12. Show and label the existing and proposed access points onto CR 52 and the usage types that
apply for each (Residential, Agricultural, Commercial and/or Oil and Gas). Development Review
will review the access location as a part of the plan submittal. (Development Review)
13. Show and label the approved tracking control. (Development Review)
14. If applicable, show and label the accepted drainage features. Stormwater ponds should be
labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. Otherwise, show and label the drainage flow arrows. (Development Review)
15. Show and label all recorded easements and rights -of -way shall be delineated on the plat by
book and page number or reception number. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a 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.
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(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. 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)
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security
in an amount sufficient to fund the estimated decommissioning/reclamation costs required by
Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan
shall be updated to include the approved security information. (Department of Planning Services)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. If more than 1 acre is to be disturbed, a Weld County grading permit and a Colorado Stormwater
Discharge Permit will be required. (Development Review)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Workman's Livestock LLC
Pivot Solar 50 LLC and Pivot Solar 51 LLC
USR24-0004
1. Site Specific Development Plan and Use by Special Review Permit, USR24-0004 for a Solar Energy
Facility (SEF) 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. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the
site is not selected for being a participant in any community solar program the permit shall expire on
the anniversary date of Board of County Commissioners approval. (Department of Planning
Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site
once operational. (Department of Planning Services)
6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation. (Department of Planning Services)
7. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors will not be
directed toward or onto nearby properties or roadways at any time of the day. (Department of Planning
Services)
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential
buildings and residential lots of a platted subdivision or planned unit development. The residential
setback requirement may be reduced if appropriate screening through landscape or an opaque fence
is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence
owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a
landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning
Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of Planning
Services)
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County
Code, as amended. (Department of Planning Services)
10. Underground cables. All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of
solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and
circuit voltages greater than 34.5 kilovolts (where necessary). (Department of Planning Services)
11. Fencing. The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan
as presented in the application materials. Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein. (Department of Planning Services)
12. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground -
mounted solar collector systems shall be exempt from impervious surface calculations if the soil under
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the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS). (Department of Planning Services)
13. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article
XIV, Chapter 8, Section 23-4-1030.C.8 of the Weld County Code, as amended. (Department of
Planning Services)
14. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9 of the
Weld County Code, as amended. (Department of Planning Services)
15. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the holder has not commenced
decommissioning and reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning and reclamation. (Department of
Planning Services)
16. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
17. This site is located within the Airport Overlay District. (Department of Planning Services)
18. 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)
19. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
20. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that
become diseased infested or otherwise unhealthy shall be replaced within the growing season or
next calendar year whichever occurs sooner. (Department of Planning Services)
21. During construction, 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)
22. During construction, 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)
23. During construction, 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)
24. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets
shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from
public view, and removed when construction is completed. (Department of Public Health and
Environment)
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25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
26. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
27. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
28. 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)
29. 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)
30. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
31. 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)
32. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
33. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan. (Development Review)
34. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
35. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
35. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County 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. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
36. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
37. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
38. 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)
39. 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.
USR24-0004 I Workman's Livestock LLC
Page 10 of 11
40. 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.
41. 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.
42. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
43. 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.
44. 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.
USR24-0004 I Workman's Livestock LLC
Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
April 22, 2024
Kyle Sundman
1601 Wewatta St, Ste 700
Denver, CO 80202
Subject: USR24-0004 - Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3136; BEING PART SW4 SECTION 26, T5N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 19, 2024 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
R-spe„ully,
Kim
Planner
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