HomeMy WebLinkAbout20241664.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, 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:
EXHIBIT
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Case Number:
Applicant:
Planner:
Request
Location
USR24-0001
Wells Ranch. LLLP, c/o SunShare. LLC, dba Aquamarine Solar, LLC and Beatrix
Solar, LLC
Molly Wright
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: E1/2 of Section 31, Township 6 North. Range 63 West of the
6th P.M., Weld County, Colorado.
North of and adjacent to County Road 62; approximately 0.48 miles east of County
Road 61
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 of the Weld County Code states: "Promoting Economic Growth and Stability.
Land use policies have a significant impact economic conditions in the County and should be
structured to encourage economic prosperity. To ensure the continued strength of Weld County's
economy, land use processes and decisions based on the [Comprehensive Plan] shall be
consistent and promote financially responsible growth."
This Solar Energy Facility will initially provide construction jobs and future energy production 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. - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are 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.
✓ ibration. vermin, dust, or other nuisances. The operation of the SEF is it will not impact surrounding
property's right to quiet enjoyment. The current and future oil and gas activity on the property will
n ot be impacted.
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
u ndirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 2
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 the SEF will encumber approximately fifty-four (54) acres and qualifies as a SEF
USR
This SEF may also include two (2) 40 -foot conex (cargo) containers per parcel during
construction Cargo containers are allowed as an Accessory Use, per Section 23-3-30 B of the
Weld County Code One cargo container will remain on site following construction for the storage
of spare modules and other spare parts
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The surrounding properties are zoned A (Agricultural) The land uses include residences,
agricultural uses, and vacant land The closest residence is within 500 feet of phase two of the
project
There are three (3) USRs within one (1) mile of the site To the east is USR12-0052 for a non -1041
major facility of a public utility To the south of the proposed facility, on the subject parcel, is
MUSR14-0024 for a non -1041 pipeline To the southwest of the property, is USR13-0006 for a non -
1041 major facility of a public utility
Weld County Department of Planning Services staff sent notice to five (5) 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 not located within a Coordinated Planning Agreement Area (CPA) The site is not located
within a three (3) mile referral area of any municipality
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 not located within any overlay district officially adopted by the County, including the
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, Agricultural Heritage Overlay District, or part of a Disproportionally Impacted
Community
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
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 3
The proposed facility is located on approximately 33 3 acres of soils designated as "Prime
Farmland if irrigated" Haverson loam (1-3%) slopes, approximately 8 1 acres of soils designated
as "Farmland of local importance" Vona loamy sand (0-3%) slopes, approximately 8 0 acres of soils
designated as "Not prime farmland" Vona loamy sand (5-9%) slopes, and approximately 1 9 acres
of soils designated as "Farmland of statewide importance" Vona loamy sand (1-3%) slopes per the
USDA Natural Resources Conservation Service (NRCS) Custom Soil Report
The proposed use is temporary, and soils will not be unduly removed from the property After the
lease period, the land can be returned to historic uses The portion of the parent parcel that is not
encumbered by the USR will continue to be used for oil and gas production The landowner, Wells
Ranch, does not have any water rights on the property
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 Road Maintenance Agreement (Construction) is required at this location Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction (Development Review)
B The applicant shall acknowledge the referral comments of Colorado Parks and Wildlife as
stated in their referral response dated January 19, 2024 Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services (Department of Planning
Services)
C The applicant shall acknowledge the referral comments of Colorado Division of Water
Resources as stated in their referral response dated January 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 referral comments of Galeton Fire Protection District as
stated in their referral response dated January 14, 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 of the Weld County Oil and
Gas Energy Department as stated in their referral response dated January 1, 2024 Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services (Oil
and Gas Energy Department)
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 4
F The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR24-0001 (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 equipment and structures 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 temporary 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) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement (Department of
Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date (Department of Planning Services)
11) County Road 64 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout The applicant shall delineate and label on the plat the future
and existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road If the existing right-of-way cannot be verified it shall be
dedicated The applicant shall also delineate the physical location of the roadway Pursuant
to the definition of setback in the Weld County Code Sec 23-1-90, the required setback is
measured from the future right-of-way line The western portion of the road is maintained
by Weld County The eastern portion of the road is not maintained by Weld County
Therefore, include the label "CR 64 Not County Maintained" on the eastern portion
(Development Review)
12) Show and label the access point onto CR 64 Include the access usage type Development
Review will review the access location as a part of the plan submittal (Development
Review)
13) Show and label the drainage flow arrows (Development Review)
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 5
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 required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50 00 recording continuance charge shall be added for each additional three (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 and tracking control shall be constructed prior to on -site construction
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
Motion seconded by Pamela Edens
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Michael Biwer
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
Barney Hammond
Resolution USR24-0001
Wells Ranch, LLLP, do SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 6
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 4ih of June, 2024
4`xiehne. yqana(en1.
Kristine Ranslem
Secretary
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare LLC
Aquamarine Solar LLC and Beatnx Solar LLC
USR24-0001
A Site -Specific Development Plan and Use by Special Review Permit, USR24-0001 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)
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 USR24-0001
Wells Ranch, LLLP, do SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 8
12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Cntena 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 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 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 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets No colored lights may be used which may be
confused with, or construed as, traffic control devices (Department of Planning Services)
19 The property owner shall maintain compliance with the Decommissioning Plan (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 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)
23 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
24 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
25 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)
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
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26 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)
27 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)
28 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
29 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)
30 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)
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 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 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(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)
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
Resolution USR24-0001
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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 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 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 fai-ms, 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
Resolution USR24-0001
Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC and Beatnx Solar, LLC
Page 11
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 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
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.
Commissioner Hammond recused himself as he was involved with this case when working at SunShare.
Commissioner Hatch left the hearing due to prior engagements.
Case Number:
Applicant:
Planner:
Request:
Location:
USR24-0001
Wells Ranch; LLLP, do SunShare. LLC, dba Aquamarine Solar. LLC
Molly Wright
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: E1/2 of Section 31; Township 6 North, Range 63 West of the
6th P.M., Weld County, Colorado.
North of and adjacent to County Road 62; approximately 0.48 miles east of County
Road 61.
Molly Wright, Planning Services, presented Case USR24-0001, reading the recommendation and
comments into the record. Ms. Wright noted 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Kristy Weyerman, 1877 Seadrift Drive, Windsor, Colorado, stated that this project will be located on
approximately 55 acres with up to 10 megawatts. She added that the project will connect to the existing
Xcel distribution lines already located on site. Additionally, there will be a 6 -foot privacy fence on the
northeast corner to mitigate views for the closest residence within 500 feet of the site. The site will be
grazed by sheep for vegetation management. She added that they invited landowners within 1000 feet to
a community meeting, however, no one had showed up to the meeting.
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 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 USR24-0001 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 Virginia Guderjahn, Seconded by Pamela Edens.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Butch White, Michael Biwer. Michael Wailes, Pamela Edens, Virginia Guderjahn.
Absent: Barney Hammond, Elijah Hatch.
1
Meeting adjourned at 4 12 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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