HomeMy WebLinkAbout20232868.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
USR23-0023
Thomas and Marjorie Brown, do CBEP Solar 27. LLC
Kim Ogle
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.
S1/2 SE1/4 /4 of Section 23. Township 5 North. Range 65 West of the 6th P M.. Weld
County, Colorado.
North of and adjacent to County Road 54: west of and adjacent to County Road 47.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and
Section 23-4-1030.B 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 and any other applicable
code provisions or ordinance in effect.
Staff finds that the proposal is consistent with the Comprehensive Plan and more specifically the
following goals.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a
significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions
directly support economic prosperity. This Solar Energy Facility, being a power -generating facility, will
add variety. stability and redundancy to the existing electrical grid. Traditional energy resources are
tied to commodity markets and can vary in demand and output. This facility can complement and
support the economy during times of fluctuating oil and gas activity.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
The adjacent land will experience minimal nuisance from the SEF; which is an unmanned energy
development facility. There are four (4) residences that are less than five hundred (500) feet from the
facility. The applicant will either get a waiver from the nearby residence to the north and south or
plant Rocky Mountain Junipers along the outside of the north and south fence line to provide natural
screening for the nearby residences.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Resolution USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Page 2
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 20 96 acres of a 79 45 acre parent parcel
The proposal meets the intent of (Agricultural) Zone District as the facility will produce energy and will
not interfere with adjacent agricultural operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The properties adjacent to the parent parcel are zoned A (Agricultural) and the land uses include
production agriculture, oil and gas support and service installations and rural residences Weld
County Department of Planning Services staff sent notice to nine (9) surrounding property owners
who own the twelve (12) adjacent properties within 500 feet of the proposed USR boundary
The adjacent property owner adjacent to north states "[we] appreciate the efforts to promote
renewable energy and its potential benefits, this Solar Project raises significant concerns and
impacts on neighboring property owners that must be carefully considered
Concern #1 addresses the 500 -foot setback from the facility to the property owner, that may be
reduced if screened,
Concern # 2 addresses the potential noise issues that may arse from the operation of the Solar
Energy Facility,
Concern 6 3 addresses the historic drainage patterns and future drainage associated with this
proposed facility,
Concern # 4 addresses the use of sheep or other livestock is strongly opposed While sheep may eat
species of invasive weeds, they also spread the plant around Given the proximity to neighboring
agriculture operations, use of sheep would have a severe negative impact and damage crops,
Concern 9 5 addresses property values specifically the visual impact, potential noise issues, and
concerns over property use can lead to decreased property values, causing financial hardships for
homeowners in the area No additional comments were received
There are eleven (11) USRs within one (1) mile of the site USR-1413 for a Paintball Facility,
MUSR13-0004 for a Guest Farm and School and SUP -457 fora 300 head dairy are located to the
north, 1 MUSR18-12-0074 fora Natural Gas Liquids Pump Station, USR11-0024 fora 12-nch HP Gas
Line are located to the east, USR15-0063 for Oil and Gas Support and Service, MUSR13-0002 for a
Natural Gas Processing plant, USR18-0129 fora Compressor Station, USR19-0008 fora 24 -inch HP
Gas Line and USR-1478 for a contractors shop are located to the south, and USR19-0012 for a
compressor station to the west of the site
Surrounding property owners were contacted by the applicant Some have requested screening and
others desire no screening The County also notified these property owners, and no additional
comments were received
Based on the referral agency responses and the location of the site the SEF the proposed use is in
an area that can support this development The Development Standards and Conditions of Approval
Resolution USR23-0023
Thomas and Marjorie Brown, do CBEP Solar 27, LLC
Page 3
will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding and 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 solar energy facility is proposed to be less than one hundred sixty (160) acres in the near- urban
area, so it does not require a 1041 review
The site is not designated as an Opportunity Zone on the Weld County Comprehensive Plan
The site is located within the three (3) mile referral area for the Town of Kersey, Town of Garden City,
City of Evans and City of Greeley The project site is within the Coordinated Planning Agreement
area for the City of Evans and Town of Kersey
The Town of Kersey returned their referral response dated June 13, 2023 stating the property is
within Kersey's planning area and the Town would request annexation The property owner met with
Town representatives and the applicant on June 22, 2023 Planning staff received an email from the
representative for the applicant stating that annexation at this time would not be pursued The site is
within the Kersey Influence Area and defined as Undetermined Use as delineated in the 2016 Kersey
Comprehensive plan Undetermined Use areas are located outside the Urban Growth Areas At this
time, agriculture and agriculture -related businesses are the primary land use It will be sometime
before infrastructure can support urban -level development in these areas Future land use will be
determined in cooperation with the landowners at the time of development
The City of Evans in their referral dated June 16, 2023 stated "We have reviewed the request and
find no conflict with our interests "
The City of Greeley in their referral dated May 25, 2023 stated "The subject site is located outside of
Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates
annexation and urban development to occur in the future We do not have any comments to
contribute currently "
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is within the Airport Overlay District and outside of the Special Flood Hazard Area, 1-25
Overlay District, the Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District Building
Permits issued on the property will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee 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 facility will be located on Altvan loam and which are classified with a B rating per the soil report
dated October 22, 2021, from the Natural Resource Conservation Service Soil Survey These loam
soils have a high infiltration rate and low runoff potential The land is classified as Not prime
farmland The land has and continues to be irrigated The applicant indicates that the land will
continue in agricultural production if the site is decommissioned
Per the application materials the property owner stated that there are water rights associated with the
land The property owner requests consideration to lease part of the land for solar because it will
decrease the water demand and will generate money from the solar lease and lower the water costs
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
Resolution USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Page 4
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 The applicant shall address the requirements ofXcel Energy, a Public Service of Colorado Company,
as stated in the updated referral response dated July 6, 2023 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Xcel Energy — Public Services of
Colorado)
B The applicant shall address the requirements of the Union Ditch Company, as stated in the updated
referral response dated July 10, 2023 Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services (Union Ditch Company)
C The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated June 22, 2023 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Weld County Oil and Gas Energy
Department)
D The applicant shall acknowledge the advisory comments of Colorado Division of Water Resources as
stated in their referral dated June 15, 2023 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Colorado Division of Water Resources)
E The applicant shall submit to the Department of Planning Services any screening waivers from
residents within five hundred (500) feet If waivers are not obtained opaque screening is required per
the accepted Department of Planning Services Landscape and Screening plan (Department of
Planning Services)
F A 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)
G If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to
the east and south, the applicant shall submit an irrigation plan to the Department of Planning
Services for review and acceptance (Department of Planning Services)
H The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0023 (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 of the Weld County Code
(Department of Planning Services)
Resolution USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Page 5
4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld
County Code (Department of Planning Services)
5 Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work traders, storage containers (limited to two (2) per Section 23-3-30 B of
the Weld County Code), storage areas and miscellaneous improvements, as applicable Clearly
indicate which items are temporary for use during construction and which items are permanent
(Department of Planning Services)
6 Required fencing, gates and any emergency and site identification signage, in accordance with
Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County Code (Department of
Planning Services)
7 On -site lighting, if applicable All lighting shall be downcast and shielded so that light rayswdl not
shine directly onto adjacent properties Include lighting specification details on the USR map
Refer to Section 23-2-250 D of the Weld County Code for design criteria (Department of
Planning Services)
8 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code addresses
the issue of trash collection areas (Department of Planning Services)
9 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any
executed Surface Use Agreement, if applicable (Department of Planning Services)
10 Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if
applicable Setback requirements are located in Section 23-3-70 E of the Weld County Code
(Department of Planning Services)
11 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any
executed Surface Use Agreement, if applicable (Department of Planning Services)
12 Screening plan for residences within five hundred (500) feet unless a waiver from the resident
has been supplied to the Department of Planning Services (Department of Planning Services)
13 CR 54 is a paved road and is designated on the Weld County Functional Classification Map as an
arterial road which requires 140 feet of right-of-way at full buildout The applicant shall delineate
and label on the site map the future and existing right-of-way (along with the documents creating
the existing right-of-way) and the physical location of the road All setbacks shall be measured
from the edge of right-of-way This road is maintained by Weld County (Development Review)
14 CR 47 is a paved road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and
label on the site map the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road All setbacks shall be measured from
the edge of right-of-way This road is maintained by Weld County (Development Review)
15 Show and label an approvable access point onto a County maintained road and the usage type(s)
(Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review will review
the access location as a part of the plan submittal (Development Review)
16 Show and label the drainage flow arrows (Development Review)
17 Show and label all recorded easements and rights -of -way shall be delineated on the plat by book
and page number or reception number (Department of Planning Services)
Resolution USR23-0023
Thomas and Marione Brown, c/o CBEP Solar 27, LLC
Page 6
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date 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 Prior to Construction
A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of secunty in
an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section
23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of
County Commissioners Once approved, the Decommissioning and Reclamation Plan shall be
updated to include the approved security information (Department of Planning Services)
B The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
C If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction (Development Review)
D Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan (Department of
Planning Services)
5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement (Department of
Planning Services)
Resolution USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Page 7
Motion seconded by Pamela Edens
VOTE
For Passage
Elijah Hatch -
Skip Holland
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Against Passage Absent
Butch White
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 September 5, 2023
Dated the 5. of September, 2023
W`xiebna. Ana[om.
Kristine Ranslem
Secretary
Resolution USR23-0023
Thomas and Magone Brown, c/o CBEP Solar 27, LLC
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP Solar 27, LLC
USR23-0023
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0023 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)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 The Use by Special Review Permit shall be valid for three (3) years from the date of approval If the
site is not selected for being a participant in any community solar program the permit shall expire on
the anniversary date of Board of County Commissioners approval (Department of Planning Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site
once operational (Department of Planning Services)
6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation (Department of Planning Services)
7 Glare The SEF shall be placed so that concentrated solar glare from its solar collectors will not be
directed toward or onto nearby properties or roadways at any time of the day (Department of Planning
Services)
8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone Additionally, the improved area must be at least five hundred (500) feet from existing
residential buildings and residential lots of a platted subdivision or planned unit development The
residential setback requirement may be reduced if appropriate screening through landscape or an
opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed
by the residence owner agreeing to the lesser setback If landscaping or opaque fencing is
substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by
the Department of Planning Services per Section 23-4-1030 C 3 of the Weld County Code, as
amended (Department of Planning Services)
9 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County
Code, as amended (Department of Planning Services)
10 Underground cables All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of
solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and
circuit voltages greater than 34 5 kilovolts (where necessary) (Department of Planning Services)
11 Fencing The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan
as presented in the application materials Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein (Department of Planning Services)
12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Cntena pursuantto Chapter 8, Article XI of this Code Ground-
Resolution USR23-0023 -
Thomas and Marjorie Brown, do CBEP Solar 27, LLC
Page 9
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) (Department -of Planning Services)
13 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Public Works, pursuant to the provisions of
Article XIV of,Chaptei:78 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 and reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning and reclamation (Department of
Planning Services)
16 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
17 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)
18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
19 Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that
become diseased infested or otherwise unhealthy shall be replaced within the growing season or
next calendar year whichever occurs sooner (Department of Planning Services)
20 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)
21 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)
22 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)
23 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)
Resolution USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Page 10
24 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
25 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
26 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S
27 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)
28 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)
29 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)
30 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)
31 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
32 Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan (Development
Review)
33 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
34 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
35 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
36 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
37 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
38 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
Resolution USR23-0023
Thomas and Magone Brown, do CBEP Solar 27, LLC
Page 11
39 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
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, 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 maybe open and spacious,
but they are intensively used for agriculture Persons moving into a rural' area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles
on rural roads, dust from animal pens, field work, harvest, and gravel roads, odor from animal
confinement, silage, and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches
available resources Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
Resolution USR23-0023
Thomas and Marjorie Brown, do CBEP Solar 27, LLC
Page 12
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, September 5, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 1:30 pm.
Roll Call.
Present: Elijah Hatch.. Skip Holland, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan,
Virginia Guderjahn, Barney Hammond.
Absent: Butch White.
Also Present: Kim Ogle, Diana Aungst, and Tom Parko, 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
USR23-0023
Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC
Kim Ogle
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
S1/2 SE1/4 /4 of Section 23, Township 5 North. Range 65 West of the 6th P M., Weld
County. Colorado.
North of and adjacent to County Road 54; west of and adjacent to County Road
47
Barney Hammond recused himself from this case.
Kim Ogle, Planning Services, presented Case USR23-0023, reading the recommendation and comments
into the record Mr. Ogle said that notice was sent to nine (9) surrounding land owners. Staff received one
(1) letter from the adjacent property owner to the north regarding concerns of the setback of the solar energy
facility to property line, potential of noise issues, historic drainage patterns and future drainage associated
with proposed facility, and property values. The applicant held a neighborhood meeting with one
surrounding property owner in attendance. Issues discussed were in regard to drainage, screening of the
facility. and property values. 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, on -site
dust control, and the Waste Handling Plan.
Zach Brammer, Cloudbreak Energy Partners, LLC, 408 Melba Road, Sterling, Colorado, stated that this
project will be on approximately 20 acres and will supply electricity to approximately 1020 homes. He said
that they have worked with the neighbor to the north and have agreed on 100 -foot buffer with a 12 foot high
fence and rocky mountain junipers for landscaping.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steven Louis -Prescott, with Hamre, Rodriguez, Ostrander & Prescott. 118 Inverness Drive West,
Englewood,. Colorado, stated that he is representing Gary Alles who is the landowner to the north. Mr.
Louis -Prescott said that Mr. Alles doesn't oppose the solar project; however they are seeking reasonable
enforcement of the code and a reasonable balance of land use. In this case, the solar facility will be 278
feet from the Alles home. According to Section 23-4-1030.C.3 there is a presumptive 500 foot setback from
a residence unless there is consent from an adjacent landowner or if landscaping is being proposed. Mr.
Louis -Prescott said that don't believe the 278 setback is enough of a setback. He added that Cloudbreak
has agreed to their request of the 12 foot high fence with trees for landscaping. However. the Alles' are
requesting to increase the setback from 120 feet from the property line to 240 feet from the property line.
This results in their home being 398 feet from the solar facility. They are looking to come to a reasonable
negotiation to be less than 500 feet but more than 300 feet. Mr. Louis -Prescott stated that with this it is still
1
a viable project with this additional setback Alternatively, there is plenty of space to the west of the
proposed facility so whatever space they lose to the north they can expand to the west
Mr Louis -Prescott said that another issue is the Union Ditch where Cloudbreak will be crossing it There
is no crossing agreement with the Union Ditch Company He added that Mr Alles is on the Board of the
Ditch Company Mr Louis -Prescott stated that they are requesting two (2) conditions of approval, 1) to
have 240 feet from the north property line, and 2) a crossing agreement with the Union Ditch Company
before they proceed
Commissioner Morgan asked if they can put a condition in for a third party such as the ditch company Mr
Ogle referred to Condition of Approval Item I B that the applicant shall address the requirements of the
Union Ditch Company
Commissioner Holland asked for clarification on the presumptive distance from the home
Mr Ogle referred to Section 23-4-1030 C 3 that states "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" Mr Ogle stated that Mr Alles' home is not within a plated subdivision or planned unit
development Mr Ogle continued to read Section 23-4-1030 C 3 that states "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 be submitted to and approved by the Department of Planning Services" Commissioner
Holland said that the County Code is pretty clear that Mr Alles' home is not in a platted subdivision Mr
Prescott said that perhaps it is different legal interpretation of the code and added that it clearly refers to
residential buildings on the one hand or platted lots for a future subdivision He added that this applies to
homes within 500 feet or future subdivision lots within 500 feet so it does apply here as there is a home
within 500 feet Kann McDougal, County Attorney, stated that she agrees with Mr Ogle's interpretation of
the code that 500 feet from existing residential buildings and residential lots of a platted subdivision or
planned unit development is correct She added that in her legal interpretation it is not separated
Mr Brammer said that they did send a letter to the Union Ditch Company about three (3) weeks ago, but
haven't heard any response yet, however, they intend to work with ditch company to obtain a crossing
agreement Mr Brammer said that they did discuss moving the project to an area further west on this
property, but unfortunately it didn't work for the landowners given the operations they have in place with
PDC and their farming operation Additionally, they have a pre-existing contract in place with Xcel Energy
for this particular project and they do have specific requirements for how much solar that each project has
to provide so reducing this system by a few more panels gets uncomfortably close to that number He
added that is why they are hesitant to increase the setback any further
Commissioner Palizza noted that Weld County did send a referral to the Union Ditch Company and they
did respond Mr Ogle agreed and added that Staff did receive a referral from the Union Ditch Company
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 USR23-0023 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Pamela Edens
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland, Virginia
Guderjahn
Absent Barney Hammond
Commissioner Hatch said that he understands the Alles' position as they are being surrounding by solar
facilities but unfortunately due to the nature of the code we are obligated to follow that
Meeting adjourned at 4 47 pm
2
Respectfully submitted,
Kristine Ranslem
Secretary
O
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3
ATTENDANCE RECORD
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