HomeMy WebLinkAbout20240920.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR23-0047
Owner: Cornish Plains Livestock, LLLP — C/O Ben Brown
4106 Abbington Terrace, Columbia, MO 65203
Applicant:
Representative:
Request:
Hearing Date: April 2, 2024
Sunshare, LLC dba Starling Solar LLC, Porcupine Solar LLC & Oriole Solar, LLC
1724 Gilpin Street, Denver, Colorado 80218
Kristy Weyerman — SunShare LLC
1724 Gilpin Street, Denver, Colorado 80218
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 Part of the SE1/4 of Section 4, and part of the NE1/4 of Section 9, both in Township 6
Descriptions: North, Range 63 West of the 6TH P.M., VVeld County, Colorado.
Location: West of and adjacent to State Highway 392; 0.5 miles south of County Road 74.
Size of Parcels: ± 203.57 acres Parcel Nos. 0799-04-4-00-006
0799-09-1-00-010
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:
➢ Weld County Department of Public Health and Environment, referral dated January 9, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated January 8,
2024
➢ Weld County Oil and Gas Energy Department, referral dated January 23, 2024
➢ Galeton Fire Protection District, referral dated December 25, 2023
➢ Colorado Parks and Wildlife, referral dated January 9, 2024
➢ Colorado Department of Transportation, referral dated January 10, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Office of Emergency Management, referral dated January 3, 2024
➢ School District RE -7, referral dated December 22, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Noble Energy (Chevron)
➢ West Greeley Conservation District
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Case Summary:
The applicant is proposing a Solar Energy Facility (SEF) on two separate parcels (079909100010 and
079904400006). The solar facility USR is proposed in two (2) phases: Oriole LLC & Starling LLC in phase
I and Porcupine LLC in Phase II. Phase I will cover approximately 58.71 acres and phase II will cover 23.52
acres. The application states that the facility will consist of an estimated total of 30,141 solar panels. The
system will consist of string level DC to AC conversion inverters and rows of single -access trackers, main
equipment pads with AC recombiners, switchgear and MV step up transformers that will connect to the Xcel
grid. The solar power tracker elevations identify a maximum height of 8 -feet at full tracking height. A
maximum of 50-60 construction workers would be working on the facility during construction. The
application indicates that a gravel laydown area of approximately 0.14 acre for each phase. Once
construction is complete there will be one (1) conex container for storing spare modules and spare parts.
The application indicates that the area is currently seeded with a dryland seed mix used by the owner and
that the same dryland seed mix will be used to revegetate disturbed areas. After the facility is constructed
(during operation) the facility will be unmanned with the exception that a maintenance crew will visit the site
on a quarterly bases or as needed if damaged due to weather. The solar facility is to be surrounded by a
security fence and the applicant has provided a preliminary fence elevation. The fence should meet the
design recommendations provided by Colorado Parks and Environment as stated in their referral response
dated January 9, 2024. A draft Decommissioning Plan was submitted with the application.
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 22-2-10. 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 (SEF) will provide construction jobs and energy to VVeld 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 impacts from the SEF. Traffic associated with
the facility will be minimal once it is constructed. The nearest residences are located more
than 500 -feet from the physical boundary of the solar facility.
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
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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 eighty-two (59)
acres and qualifies as an SEF USR.
This USR facility will also include one (1) storage containers for construction and operation
usage, being an Accessory Use, permitted by Section 23-3-30.B of the VVeld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of dryland and oil and gas production to the west, a mixture of
dryland and irrigated cropland and rural residences to the east, irrigated cropland and a single-
family residence to the south and dryland to the north. The closest residence is about 700-800
feet to the south and the next closest residences are located approximately 0.5 mile to the east.
There are (4) USRs within one mile of the site. AMUSR-227 (cattle and sheep feedlot for up to
3,000 head), USR-1727 (private commercial recreational facility), USR17-0045 (airport/airstrip)
and MUSR14-0017 (class II oilfield waste disposal facility).
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners. No correspondence or phone calls have been received from surrounding
property owners.
The Development Standards and 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.
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 not located within a 3 -mile referral area or within a Cooperative Planning Agreement
boundary.
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E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld County Code.
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 Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the 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 soils on the
parcels are identified as "Prime Farmland if Irrigated", "Prime Farmland if irrigated and the
product of I (soil erodibility) x C (climate factor)", and "Farmland of statewide importance".
"Prime Farmland if Irrigated encompasses approximately 75% of the site. The application
states that there are no -water rights available for farming purposes. No Prime Farmland will be
removed from production.
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, VVeld 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. 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)
B. The applicant shall address the requirements of the Galeton Fire Protection District, as stated
in the referral response dated December 25, 2023. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the recommendations of Colorado Parks and Wildlife, as stated in
the referral response dated January 9, 2024. VVritten evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the requirements of the VVeld County Oil and Gas Energy
Department as stated in the referral response dated January 23, 2024. VVritten evidence of
such shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
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E. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0047 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with 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
VVeld County Code. (Department of Planning Services)
5. Show and label the location of the trash collection areas. Include specification details on
the USR map. Refer to Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas. (Department of Planning Services)
6. Show and label any existing and proposed solarfacility 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)
7. Show and label the required fencing, gates and any emergency and site identification
sig nage, 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 VVeld
County Sign Code, as amended. (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 VVeld County
Code for design criteria. (Department of Planning Services)
9. 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)
10. Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
11. Show the Colorado Department of Transportation (CDOT) access point onto SH 392 and
the right-of-way on the map along with the documents creating the right-of-way.
(Development Review)
12. Show and label the accepted drainage features. 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 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)
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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 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required .
(Development Review)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare LLC dba Starling Solar LLC, Porcupine Solar LLC & Oriole Solar, LLC
US R23-0047
3. A Site Specific Development Plan and Use by Special Review Permit fora 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)
4. 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)
5. The Use by Special Review Permit shall be valid forthree (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)
6. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services
7. 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)
8. 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 VVeld County Code, as amended. (Department of
Planning Services)
9. 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)
10. 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 VVeld 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)
11. 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)
12. 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)
13. 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 VVeld County Code. All signs shall ad here
to the adopted Weld County Sign Code, as amended. (Department of Planning Services)
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14. 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 VVeld County Code, as amended.
(Department of Planning Services)
15. Access permit. Prior to construction of the SEF, the applicant shall apply forand obtain an approved
Access Permit from the Weld County Department of Planning Services; 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)
16. 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)
17. 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 fordecommissioning 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)
18. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
19. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
20. 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)
21. 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)
22. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
24. 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)
25. 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)
26. 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 VVeld County
Code. (Department of Public Health and Environment)
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction and operation of the facility. (Department of Public Health and Environment)
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28. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets shall be serviced by a cleaner licensed in VVeld County, contain hand sanitizers, be screened
from public view, and removed when construction is completed. (Department of Public Health and
Environment)
29. 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)
30. 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)
31. 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)
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 VVeld 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. 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)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
35. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
36. Necessary personnel from the VVeld 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)
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. (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. (Department of
Planning Services)
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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 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.
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 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.
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.
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 VVeld 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; odorfrom
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
USR23-0047 - SunShare LLC
Page 10 of 11
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 hund red (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 fire. 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.
USR23-0047 - SunShare LLC
Page 11 of 11
February 29, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
WEYERMAN KRISTY
1724 GILPIN ST
Denver, CO 80218
Subject: USR23-0047 - A Site Specific Development Plan and Use by Special Review Permit (USR) for
a Solar Energy Facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
Part of the SE1/4 of Section 4, and Part of the NE1/4 of Section 9, both located in Township 6 North,
Range 63 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 24, 2024 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
U S reet, 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
fG
v
Chris Gathman
Planner
1
From: Kristy Weyerman
To: Chris Gathman
Subject: Re: PRE23-0167 Completeness Review Comments - Remaining Items Needed
Date: Wednesday, October 11, 2023 9:07:25 AM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Okay, sounds good. My boss and I thought it was a statement, so we were a little confused. All
equipment regardless of the depth will be removed and that is what our Decommissioning Plan
includes that I sent over.
We are working on the drainage plan for Mike, so hopefully we can get the items missing over
to you quickly.
Thank you for your help.
PROJECT DEVELOPMENT MANAGER
Western Markets
KWEYERMAN@MYSUNSHARE.COM
970.373.6323
MYSUNSHARE.COM
ifi
On Mon, Oct 9, 2023 at 4:22 PM Chris Gathman <cgathman@weld.gov> wrote:
Kristy,
My only question was are these items going to be removed to a depth of at least three -feet
below grade? I ask this because the Weld County Code specifies that this is required.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
From: Kristy Weyerman <kweyerman@mysunshare.com>
Sent: Wednesday, October 4, 2023 11:57 AM
To: Chris Gathman <cgathman@weld.gov>
Subject: Re: PRE23-0167 Completeness Review Comments - Remaining Items Needed
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Chris,
For some clarification, on the:
The Decommissioning Plan shall include the following per 23-4-1030.4.b: All non -utility
owned equipment, conduits, structures, fencing, and foundations to a depth of at least three
(3) feet below grade shall be removed.
We do have this information in the plan that these items will be removed. Is there something
specific you're wanting to see in our Decommissioning Plan?
PROJECT DEVELOPMENT MANAGER
Western Markets
KWEYERMAN@MYSUNSHARE.COM
970.373.6323
MYSUNSHARE.COM
On Tue, Oct 3, 2023 at 8:59 AM Chris Gathman <cgathman@weld.gov> wrote:
Dear Mr. Bobrow and Ms. Weyerman,
Weld County Development Review, Environmental Health and Planning Services have
reviewed this application and the following items are still needed:
Per Development Review:
APPLICATION INCOMPLETE: Subject site does not consist of A&B soils that would
qualify for an exception to stormwater detention. Therefore, submit a preliminary
drainage report per Ch 5 of App 8Q of the Code.
FYI - Applicant should contact CDOT to determine IF an access would be allowed onto
SH 392. This should be done prior to the submittal of the application materials as this
determination may alter site plan configuration.
If you have any questions re: the above comments — you can contact mking@weld.gov or
970-400-3762
Per Planning Services:
A Title Report was provided for the SE4 4-6-63. A Chain of Title or Certificate of
Conveyances showing the conveyances of land from August 30, 1972 up until present day
is required. This shall cover both the NE4 9-6-63 and the SE4 4-6-63.
I see that Ms. Kumpe can sign on behalf of Sunshare/CO Holdings/Oriole/Starling. Do
you have documentation showing that yourselves can act as applicant/authorized agent on
behalf of these entities?
The Decommissioning Plan shall include the following per 23-4-1030.4.b: All non -utility
owned equipment, conduits, structures, fencing, and foundations to a depth of at least
three (3) feet below grade shall be removed.
Let me know if you have any questions re the Planning Services items.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
Hello