HomeMy WebLinkAbout20241543.tiffBefore the Weld County, Colorado. Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, 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:
Applicant:
Planner:
Request:
Legal
Location:
USR24-0008
Christopher Cannon. Curtis Montgomery Cannon and Elizabeth Anne Newton Trust. do
Pivot Solar 58. LLC and Pivot Solar 60, LLC
Chris Gathman
A 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.
Description: Lot B Recorded Exemption RE -410: being part of the NE1/4 of Section 23.
Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to State Highway 392: west of and adjacent to County Road 47.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of
the Weld County Code.
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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
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 this plan [Comprehensive Plan] shall be consistent
and promote financially responsible growth."
This Solar Energy Facility will provide construction jobs initially and energy generation 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.
22-2-30. C. Harmonize development with surrounding land uses.
There are no residences that are less than five hundred (500) feet from the facility. Once
operational, the proposed SEF creates minimum noise, no odor, light or flickering, vibration,
vermin. dust. or other nuisances. The operation of the SEF is it will not impact surrounding
property's right to quiet enjoyment.
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
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 2
of other, incompatible land uses "
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar
Energy Facilities (SEFs), 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 thirty-five (35)
acres and qualifies as a SEF USR
This SEF may also include two (2) 40 -foot Conex containers during construction Cargo
containers are allowed as an Accessory Use, per Section 23-3-30 B of the Weld County
Code
C Section 23-2-220 A3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses
There are five (5) properties that surround this site all of which are zoned A (Agricultural)
The land uses include the two (2) residences, two (2) additional single-family residences
further to the north, agricultural uses, vacant land, and two oil and gas production sites (tank
battery/production sites) located to the north and south of the property
There are six (6) USRs within one (1) mile of the site 1MUSR18-12-0074 for a greater
than ten (10) inch natural gas line and pump station, USR18-0057 for a greater than
twelve (12) inch high pressure natural gas line, Non -1041 Major Facility of a Public Utility
Pipeline, AMUSR-100 (kennel for up to 200 dogs), USR15-0005 (earthmoving and
excavation company) and SUP -191 (Feedlot for up to 18,400 cattle)
Weld County Department of Planning Services staff sent notice to eight (8) surrounding
property owners within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received
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 -- 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 site is located within the three-mile referral area for the City of Greeley City of Greeley
municipal limits (the Greeley Weld Airport North Runway) is located approximately 1 25
miles to the south of the property The City of Greeley in their referral response dated
March 25, 2024, stated that the subject site is located within Greeley's Long Range
Expected Growth Area (LREGA) in which Greeley anticipates annexation and urban
development to occur in the future No future land use is identified for this area and this
property is located in the far northeast corner of the Greeley Long Range Expected Growth
Area The City of Greeley attached setback and landscaping standards if the project is
annexed to Greeley
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, eta Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 3
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
The property is located within the A -P (Airport) Overlay District The A -P (Airport) Overlay
District, with the Greeley Weld County Airport Authority did not provide a referral response
The property is not located within the I-25 Overlay District, Geologic Hazard Overlay District,
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 Program, 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 proposed facility is located on approximately 35 acres of soils designated as "Prime
Farmland if Irrigated" with Colombo clay loam, 0 to 1 percent slopes and Nunn clay loam,
0 to 1 percent slopes per the USDA Natural Resources Conservation Service (NRCS) Custom
Soil Report The proposed use of the property for an SEF will not remove topsoil from the
property After the life of the SEF the land may be returned to historic uses
According to the applicant materials, the property currently uses flood irrigation for farming
operations, with water rights leased by the owner from Cache La Poudre Reservoir Company
Pivot will evaluate whether the secondary agricultural use will take the form of sheep
grazing or crop production underneath the panels, with a preference for the later If seeding,
Pivot will seed under the panels with a pollinator friendly grass mix Pivot Solar is working to
ensure that agricultural uses can remain onsite and work in conjunction with the solar
facility
G Section 23-2-220 A7 -- 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 A Road Maintenance Agreement is required at this location during construction Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes during construction (Development Review)
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, do Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 4
B 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)
C The applicant shall address the referral comments from Colorado Parks and Wildlife, as
stated in the referral response dated February 29, 2024 Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services (Department of Planning
Services)
D The applicant shall acknowledge the advisory referral comments from the Weld County Oil and
Gas Energy Department, as stated in the referral response dated February 27, 2024
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
E The applicant shall acknowledge the advisory referral comments from the City of Greeley dated
February Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services (Department of Planning Services)
F The applicant shall acknowledge the advisory referral comments from the Galeton Fire
Department dated February 27, 2028 Evidence of such shall be submitted in writing to the
Department of Planning Services (Department of Planning Services)
G The applicant shall submit the Interconnection Agreement (Department of Planning Services)
H The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR24-0008 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D and Section 23-4-1030 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) Show and label 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) Show and label the 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 Include fence and sign specification details on the map Refer to the Weld
County Sign Code, as amended (Department of Planning Services)
7) Show and label the location of the trash collection areas, if applicable Include specification
details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for
design criteria (Department of Planning Services)
8) Show and label any 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)
9) If applicable, show and label any planned oil and gas surface development areas,
corridors, access roadways, etc as part of any executed Surface Use Agreement
(Department of Planning Services)
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, do Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 5
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number andrecording date (Department of Planning Services)
11) The County Highway (County Road 47) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way
at full build out The alignment of the road widening project varies along the section
line for the corridor Contact Public Works for the location of the existing and future
right -of-way and easements and delineate these on the site plan (Development
Review)
12) Show the Colorado Department of Transportation (CDOT) right-of-way on the plat
along with the documents creating the right-of-way for SH 392 (Development Review)
13) Show and label the proposed and existing access locations onto CR 47 Include access
typed, width, and turning radii on the site plan The applicant must obtain a commercial
access permit in an approved location prior to construction Development Review will
review the proposed access location during the review of the site plan It may be required
that some access points are to be closed Label those access points as "Close and
Reclaim " (Development Review)
14) Show and label the drainage flow arrows 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 (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 Mylar map along with all other
documentation required as Conditions of Approval The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services The map
shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld
County Code The Mylar map and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners Resolution The
applicant shall be responsible for paying the recording fee (Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded
within the specified timeline from the date the administrative review was signed, 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 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)
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 shall be permitted and constructed, and tracking control shall be
constructed prior to on -site construction (Development Review)
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 6
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
Motion seconded by Butch White
VOTE
For Passage
Eluah Hatch
Butch White
Pamela Edens
Michael Wailes
Virginia Guderjahn
Barney Hammond
Michael Biwer
Against Passage
Absent
Skip Holland
Michael Palizzi
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 June 4, 2024
Dated the 4c of June, 2024
Kristine Ranslem
Secretary
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, do Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cannon & Newton Trust
USR24-0008
1 A Site -Specific Development Plan and Use by Special Review Permit, USR24-0008, 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, according to the application materials
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 grade below each solar panel to the highest extent of the solar panel
rotation per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of
Planning Services)
7 Glare A SEF shall be designed, located or 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 per Section 23-4-1030 C 2 of the Weld County Code, as amended (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) per Section 23-4-
1030 C 5 of the Weld County Code, as amended (Department of Planning Services)
Resolution USR24-0008
Christopher Cannon, Curbs Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 8
11 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan shown heron Appropriate signage shall be placed upon such fencing that warns the public
of the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall
adhere to the adopted Weld County Sign Code, as amended (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 the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended
(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 of Chapter 8 of this Code per 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 Per Section 23-4-1030 B 4 h of the Weld County Code, as amended, 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/reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation (Department of
Planning Services)
16 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
17 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code
(Department of Planning Services)
18 The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time (Department of
Planning Services)
19 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)
20 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)
21 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)
22 The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Development Review)
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 9
23 The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Development Review)
24 Weld County is not responsible for the maintenance of onsite, drainage related features
(Development Review)
25 The historical flow patterns and runoff amounts on the site will be a maintained (Development
Review)
26 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)
27 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) ,
28 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)
29 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of -Public Health and Environment)
30 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)
31 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)
32 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)
33 All buildings shall comply with the setback from oil and gas wells per Section 23 -4-700, as
amended (Department of Planning Services)
34 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)
35 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)
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and Pivot Solar
60, LLC
Page 10
36 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
37 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
38 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
39 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 "
40 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 land owner 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 "
41 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
42 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a)
the state's commercial mineral deposits are essential to the state's economy, (b) the populous
counties of the state face a critical shortage of such deposits, and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover,' these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource
Resolution USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton Trust, c/o Pivot Solar 58, LLC and
Pivot Solar 60, LLC
Page 11
43 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country
in total market value of agricultural products sold The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture Persons moving into a rural area
must recognize and accept there are drawbacks, including conflicts with long -standing
agricultural practices and a lower level of services than in town Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way
of life Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area Well -run
agricultural activities will generate off -site impacts, including noise from tractors and
equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest
and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning,
flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance
wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations A concentration
of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with
agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities The sheer magnitude of the
area to be served stretches available resources Law enforcement is based on responses
to complaints more than on patrols of the County, and the distances which must be traveled
may delay all emergency responses, including law enforcement, ambulance, and f ire Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies County gravel roads, no matter how often they are bladed, will not provide
the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal
services Rural dwellers must, by necessity, be more self -sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm
dogs and livestock, and open burning present real threats Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's livelihood
Summary of the Weld County Planning Commission Meeting
Tuesday, June 4, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Butch White, Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond,
Michael Biwer.
Absent: Skip Holland, Michael Palizzi.
Also Present: Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services, Lauren
Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number: USR24-0008
Applicant: Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton
Trust, c/o Pivot Solar 58, LLC and Pivot Solar 60. LLC
Planner: Chris Gathman
Request: A 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.
Legal Description: Lot B Recorded Exemption RE -410; being part of the NE1/4 of Section
23, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 392; west of and adjacent to County Road
47.
Chris Gathman, Planning Services, presented Case USR24-0008, reading the recommendation and
comments into the record. Mr. Gathman noted that there is an existing solar facility just under three (3)
acres, approved under ZPSF22-0003 located in the southeastern portion of the site adjacent to the
proposed USR.
Mr. Gathman stated that notices were sent to eight (8) surrounding property owners within 500 feet of the
proposed USR boundary. He added that no written correspondence or telephone calls were received
regarding this application. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Commissioner Wailes asked who operates the other solar facility adjacent to the proposed application. Mr
Gathman suggested asking the applicant.
Commissioner Edens asked how many acres are irrigated. Mr. Gathman said that according to the
application it is all irrigated.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that they have three (3)
different USRs on the docket today. He provided an overview of how Pivot Energy has been operating in
Weld County.
Samantha Frick, Pivot Energy, 1601 Wewatta Street, Denver. Colorado, spoke about how Pivot Energy
invests in the communities they work in and how they engage with the landowners who are impacted by
the proposed projects. She added that they host meetings and solicit input about the project and explain
how to integrate the project with the landscape.
1
Mr Sunderland said that they are working with the applicant to put the site that the solar facility will be
located on to grass rather than alfalfa for the purpose of grazing sheep Conversation of whether having
full crop production or just grazing is still ongoing He added that there are no homes within 500 feet of the
site and no one attended the community meeting they hosted for this site
Donna Newton, 225 Dundee Ave, Greeley, Colorado, stated that she represents Cannon Farms and added
that this farm has been in her family for over 100 years Her grandfather has passed the land down through
the family Ms Newton said that her mother had received numerous solar farm solicitations and frequently
commented about solar farms as an alternative or addition to harvesting crops Although, it never happened
prior to her passing, the family did eventually explore solar options Ms Newton said that if they wanted to
have solar they wanted to work with a company like Pivot Energy who would make continued efforts to
make continued agricultural use a priority
In response to Commissioner Wailes inquiry, Mr Sundman replied that Pivot Energy operates the solar
facility adjacent to this proposed project
Commissioner Hammond said that there is a plugged and abandoned well located on site and wanted to
ensure that there will be setbacks in place Mr Sundman said that they will comply with the required
setbacks
Commissioner Hammond said that he would like to see the site at its highest productive farmland as
possible He added that we try to keep as much farm ground as we can and added that he would like to
see its highest and best use as agricultural if we can keep it that'way Mr Sunderland said that they are
working the with current tenant farmer and do not intend to push them out
Commissioner Gudegahn asked what the distance is between the rows of solar panels Mr Sunderland
replied that they are 20 feet apart
The Chair asked if there was anyone in the audience who wished to, speak for or against this application
Bruce Johnson, 801 8th Street, Greeley, Colorado, stated that tie owns the farm immediately east of the
property He is not for or against this project He said that the section east of them carries the lateral water
for irrigating their farm and he wants to make sure that in the planning of this project that it doesn't get
impacted in any way
The Chair referred to Mr Johnson's comments and asked the applicant if there will be any impacts to his
property Mr Sundman replied that there will be no impacts to his property _
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR24-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Butch White
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Biwer, Michael Wailes, Pamela Edens, Virginia
Guderjahn
Meeting adjourned at 4 12 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John
Doe
123
Nowhere
Street,
City,
State,
Zip
AttSka
4 ovaX4o Aosn
ciuoremai
is -1 1
Lii+nc
<Oictri�
CO ttO3 I
:or.%\vccckQI..!
tjlev
( �nnN,a U trra/ -
i22--5-1 CIZ-
5-- Gre1eu1Co
?CXo1
v
ThwvU\bilien1
n
Z2251 Cg./.2.
CG Vyai
Li wel
,
c
`x•4/1
S
�'�r,.,
be. �
g � '1r r (Di.�
�c.a.
%Ls.J�e
�.-r�..1
�.
�•
d'�-� � �1 �'�✓
� PP wef'5
Pik CPS co1
.
5
do,.
cv
rhk-eritii�c6nnchai
.�I'►ve.com
Safi
Ce4Ch5wej\n113C13
Do
nr,-,„ X-eu1/4., k -et\
`7�x
4-Greeleye
9191)634
�3ne�(�
Zz5 4cv
e
ficut1
7
-f
; eo c z to @�fi-rve
L-
I 9-°
7 3Y fill G P.Q [-toy 1 SO 69 3s1
Est4,44€%ite7
ithint
r
ib -Act
c, �
hrc'Jk�
•4tatnupi✓a4eue..c
`'�ev�✓ut�t�.
'*�O
AtA/ed, cc €V2t1
1 coot
CtuuUthica
l ��n�
at339
Ok HO
�t'�
Cv
Sid& 4H
I- it3 po?11151-1
Q an;
* %reS
��
44
a�36a CJLL
�U
%cjcpLLj
,
4cA-RIAtek401
I
&min
-
vise
C'_
41y 8
�
caA
et�, �e�
�,�,�,a,�l. c(
/q3
Coy
ezed iBr,loPy{ i
2dar,CoffosY
Trr/m�
(viLueer2.15%;4
�
mc l►er-eoGL44@
Strict t•C"G
c
� Ll
G
Ccrset Co %���
�..._
cr
-CO( 1'1(
ghat'
b rtx€
cciiserceijik_s
A SS
et)
-Ats2
w�
/,vi
t/9,,
0
.i
�c.�..-noL ,-1Yr-1
-' -:\1G
%44-itt,
@
�► t4:- e.imJ1q
1 tt14
OC-CS- ra_i
I 1 A �Ql1: �.��
- 1\Q LC
'Mark
l6G 1
luWaia
$4-.
QrcYl\rc✓
CO 550 Lit
[M1- 0
C0Mava-@Plvottnwc.�.n.e.t-N
kleyle Na.rA-ia.
4.
(E,O4(
wwqga De...tige Co 9ocot
tata.kirslad e it In1- di" ..elL. a
S4
Hello