HomeMy WebLinkAbout20240919.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 Description:
Location:
USR23-0047
Cornish Plains Livestock. LLLP. do SunShare LLC. dba Oriole Solar, LLC, Starling
Solar, LLC and Porcupine Solar, LLC
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Part of the SE1/4 /4 of Section 4, and part of the NE1/4 1 /4 of Section 9. both in Township 6
North, Range 63 West of the 6T" P.M., Weld County.. Colorado.
West of and adjacent to State Highway 392. 0.5 miles south of County Road 74.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23 -2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.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 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 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.
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
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, do SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 2
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 Weld 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/airstnp)
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 A4 -- 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
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 3
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 not located within any overlay district officially adopted by the County,
including A -P (Airport) Overlay District, I-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, 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 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 Written 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 Weld County Oil and Gas Energy
Department as stated in the referral response dated January 23, 2024 Written evidence of
Resolution USR23-0047
Applicant. Cornish Plains Livestock. LLLP. c/o SunShare, LLC. dba Oriole Solar, LLC. Starling Solar. LLC and Porcupine
Solar, LLC
Page 4
such shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
{Department of Planning Services)
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
Weld County Code. (Department of Planning Services)
S how 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 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)
S how 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)
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)
S how 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 f low 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
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 5
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 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 read y 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)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
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 April 2, 2024
Dated the 2"d of April, 2024
Kristine Ranslem
Secretary
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare LLC dba Starling Solar LLC, Porcupine Solar LLC & Oriole Solar, LLC
USR23-0047
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, 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 f 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)
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)
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 7
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 sod 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 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)
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/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, and Division 2 of the Weld County Code (Department
of Planning Services)
18 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)
19 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)
20 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
21 The historical f low patterns and runoff amounts on the site will be maintained (Development
Review)
22 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)
23 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)
24 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)
25 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)
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, do SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and Porcupine
Solar, LLC
Page 8
26 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)
27 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)
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 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)
30 Building permits may be required, for any new construction, setup 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 cod es 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)
31 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)
32 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)
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 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
35 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)
36 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)
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, do SunShare, LLC, dba Onole Solar, LLC, Starling Solar, LLC and
Porcupine Solar, LLC
Page 9
37 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
38 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
39 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
40 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
41 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, f lies 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
Resolution USR23-0047
Applicant Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC and
Porcupine Solar, LLC
Page 10
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, April 2, 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 Vice -Chair
Butch White. at 1:30 p.m.
Roll Call.
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan,
Virginia Guderjahn, Barney Hammond.
Absent: Elijah Hatch.
Also Present: Chris Gathman, Diana Aungst, Molly Wright, and Maxwell Nader, Department of Planning
Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant
Planner:
Request
Legal Description:
Location
USR23-0047
Cornish Plains Livestock, LLLP, c/o SunShare, LLC, dba Oriole Solar. LLC,
Starling Solar. LLC and Porcupine Solar, LLC
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Part of the SE1/4 /4 of Section 4. and part of the NE1/4 1 /4 of Section 9. both in Township
6 North. Range 63 West of the 6--1 P.M.. Weld County, Colorado.
West of and adjacent to State Highway 392; 0.5 miles south of County Road 74.
Commissioner Hammond is recused from this case as he previously worked for SunShare. LLC.
Chris Gathman. Planning Services, presented Case USR23-0047, reading the recommendation and
comments into the record. Mr. Gathman noted that no correspondence or phone calls have been received
from surrounding property owners in regard to this application. Mr. Gathman requested the removal a
Condition of Approval for a lighting plan. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Kristi Weyerman, SunShare Community Solar, 1877 Seadrift Drive, Windsor, Colorado, stated that the
proposed project for the Oriole Solar site will be for up to 7.5 megawatts on approximately 31 acres. She
added that the Starling & Porcupine solar projects will have up to 10 megawatts on 50 acres. She added
that they will be connecting to the distribution lines already existing on the property.
Ms. Weyerman stated that they held a community meeting at the Galeton Fire Station where one family
member came, however, they did not have any concerns about these sites. She added that this land has
no water rights and they will also work with local sheep farmers to have sheep graze these sites to keep
the sites clean and clear of overgrowth vegetation and weeds.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff if they have any changes to the Resolution. Mr. Gathman requested the removal of
Condition of Approval 1.E in regard to the lighting plan since the applicant does not have lighting on site.
1
Motion Delete Condition of Approval 1 E, as recommended by Staff, Moved by Michael Wailes,
Seconded by Michael Palau Motion carried unanimously
The Chair asked the applicant if they have read through the amended 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 USR23-0047 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moped by Michael Wailes, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Michael Palau, Michael Wades, Pamela Edens, Shana Morgan, Skip Holland, Virginia
Guderjahn
Absent Barney Hammond
Meeting adjourned at 4 28 p m
Respectfully submitted, ub
Kristine Ranslem
Secretary
2
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