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USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Diana Aungst
USR24-0006
Cynthia J. Kennedy
28339 County Road 44, Kersey, CO 80644
Pivot Energy Inc c/o Kyle Sundman
1601 Wewatta Street. Suite #700, Denver, CO 80202
Hearing Date: June 4, 2024
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.
Lot B of Recorded Exemption RECX14-0002; Being part of the S2SW4 of Section 14,
Township 4 North, Range 64 West of the 6th P.M., Weld County, CO
East of and adjacent to County Road 57 and north of and adjacent to County Road 44
Parcel boundary: +/- 76.2 acres
Solar arrays: +/- 69.68 acres
Parcel No. 1053-14-3-00-016
The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of
the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Colorado Parks and Wildlife, referral dated February 16, 2024
➢ Weld County Oil and Gas Energy Department, referral dated February 7, 2024
➢ State of Colorado, Division of Water Resources, referral dated February 28, 2024
➢ Weld County Department of Public Health and Environment, referral dated February 26, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated March 6, 2024
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated February 20,
2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated February 6, 2024
➢ Central Weld County Water District, referral dated March 1, 2024
➢ Weld County School District RE -7, referral dated February 6, 2024
➢ Platte -Valley Fire Protection District, referral dated February 7, 2024
➢ West Greeley Conservation District, referral dated February 12, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Northern Colorado Water Conservancy District
➢ Weld County Office of Emergency Management
USR24-0006 I Kennedy
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CASE SUMMARY:
The applicant, Pivot Energy Inc., (Pivot), is requesting a Use by Special Review Permit for two (2) Solar
Energy Facilities (SEFs) on the same parcel: Pivot Solar 46 LLC (PS46) also referred to as Phase 1 and
Pivot Solar 47 LLC (PS47) referred to as Phase 2. PS46 is on the west side of the subject property and will
encompass approximately 32.68 acres. PS47 is on the east side of the subject property and will encompass
approximately 32.30 acres. The total area of disturbance is approximately 65 acres. The subject property
is a 76 -acres in size and is privately owned by Cynthia Kennedy. Each SEF will generate about 5 MW
alternating current (ac) for a total of 10 MW ac. These two (2) SEFs will consist of about 25,000 solar
modules. The solar panels will be about ten (10) feet in height. There is one residence within 500 feet of
SEF-PS46. The applicant is required to provide a waiver from this property owner or opaque landscaping
and screening.
The projects will deliver electricity to a local energy consumer via Xcel Energy's "Solar*Rewards Offsite"
program. This program is similar to Xcel's "Solar Rewards Community" program but allows for larger power
consumers to subscribe to a larger amount of solar.
During construction there will be a crew of about forty (40) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 6:00 p.m. One (1) temporary construction trailer
will be used as an office during construction.
Post construction, operations and maintenance crews will be on -site up to eight (8) times annually for up to
four (4) hours per visit. The application materials state that a wildlife -friendly game fence, about seven to
eight (7-8) feet in height, will surround the facilities. The fence will comply the National Electric Code
requirements and is similar to what the Colorado Department of Transportation (CDOT) and Colorado Parks
and Wildlife (CPW) use. According to the application there will be no on -site outdoor storage areas.
The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application
materials.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have
a significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth."
This Solar Energy Facility will provide construction jobs initially and energy generation to Weld
County. These functions directly support economic prosperity. This Solar Energy Facility, being
a power -generating facility, will add variety, stability and redundancy to the existing electrical
grid. Traditional energy resources are tied to commodity markets and can vary in demand and
output. This facility can complement and support the economy during times of fluctuating oil
and gas activity.
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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 two residences less than five hundred (500) feet from
the Solar Energy Facilities. One (1) of these residences is owned by the property owner. The
applicant has stated that if they are unable to acquire a waiver from the other surrounding
property owner that they "... will provide an option to decrease visual impacts, such as opaque
fencing, landscaping features, or an agreed upon mitigation measure." A Condition of Approval
is included by staff to provide a waiver from this property owner or opaque landscaping and
screening.
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."
Once the proposed SEF is operational, residents, businesses, and public entities within Xcel
Energy's service territory will have the ability to subscribe to the proposed SEF and save 5 to
10 percent on their monthly electric utility bills.
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar
Energy Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty
(160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5)
acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on
Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being
located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the
Weld County Code, a "Solar Energy Facility" means: "a commercial facility whose primary
purpose is to supply electricity and consists of one or more solar arrays and other accessory
structures, equipment, including substations, switchyards, battery storage, electrical
infrastructure, generators, transmission lines, communications infrastructure, and other
appurtenant structures and/or facilities." The SEF will encumber approximately sixty-five (65)
acres and qualifies as a SEF USR.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are six (6) A (Agricultural) zoned properties that surround this site. The adjacent land
uses include agriculture, residential and the Box Elder Substation. The application material
state that the solar panels will be placed in such a manner to allow for expansion of the Box
Elder Substation. There are two (2) residences within 500 feet of the SEF. One (1) of these
residences is owned by the applicant and the other residence is owned by the same property
owner that submitted the letter of objection. In the Landscaping and Screening narrative the
applicant acknowledges that there is a residence within 500 feet of the SEF, just south of
County Road 44, and states that Pivot's intention is to screen the SEF from this residence with
opaque screening in the form of fencing, landscaping features, or an agreed upon mitigation
measure. The Weld County Code requires a waiver or opaque landscaping.
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There are two (2) USRs within one (1) mile of the site: SUP -182 (USR-182) for a feed lot and
USR12-0052 for a non -1041 for a major facility of a public utility for one (1) greater than 10 -
inch crude oil pipeline.
Weld County Department of Planning Services staff sent notice to five (5) surrounding property
owners within 500 feet of the proposed USR boundary. One (1) letter of objection was received
that outlined concerns about removing irrigated farmland from agricultural production and
stated that the location of the solar facility may interfere with the ability to see on -coming traffic
when pulling out. Weld County Public Works Department did a site visit and did not identify any
problem with the intersection.
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 three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a 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 the A -P (Airport) Overlay District, the 1-25 Overlay District, a
Geologic Hazard Overlay District, the MS4 — Municipal Separate Storm Sewer System area,
Historic Townsite Overlay District, Agricultural Heritage Overlay District, or part of a
Disproportionally Impacted Community.
The property is located within a Special Flood Hazard Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 66 acres of soils designated as "Prime
Farmland if irrigated" with 58 acres consisting of low slope Dacono Clay Loam and 8 acres
consisting of low slope Nunn Clay Loam soils per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report. The proposed use of the property for a SEF will not
remove topsoil from the property. After the life of the SEF the land may be returned to historic
uses.
The applicant submitted an email dated April 12, 2024 which states, "Pivot plans to invest in
robust agrivoltaics on this site. We [Pivot] incorporate agrivoltaics by using sheep, bees, and
possibly other grazing animals to graze our sites in a regeneratively prescribed manner. This
method enriches the soil beneath our panels, provides farmers and ranchers with new sources
of income, creates pollinator habitat, increases biodiversity, and provides the hosting
communities with long-term environmental, economic, and educational benefits. This provides:
1. Educational opportunities and site tours for local schools, universities, colleges, and
community organizations
2. Symbiotic partnerships between solar and animal farms
3. Soil health restoration through sustainable seeding and land practices"
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The emails also indicates that, "Pivot understands the importance of agriculture in this area,
and we are excited to develop a solar project while maintaining agricultural integrity on this
parcel."
Additionally, per an email on April 17, 2024, the applicant stated that, "We are currently working
on figuring out the current irrigation system on the property to aid in our agrivoltaics goal."
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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location during construction. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes during construction. (Development Review)
B. The applicant shall address the referral comments from Colorado Parks and Wildlife, as stated
in the referral response dated February 16, 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 submit a Landscape and Screening Plan or screening waivers from
residents within five hundred (500) feet. The Landscape and Screening Plan shall be submitted
to and accepted by the Department of Planning Services and shall screen the site from the
surrounding property owners. (Department of Planning Services)
D. The applicant shall acknowledge the advisory referral comments from the Weld County Oil and
Gas Energy Department, as stated in the referral response dated February 7, 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 submit the Interconnection Agreement. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0006. (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)
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4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable. Clearly indicate which items are temporary for use during
construction and which items are permanent. (Department of Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7) Show and label 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)
8) Show and label the location of the trash collection areas, if applicable. Include specification
details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for
design criteria. (Department of Planning Services)
9) Show and label any planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement. (Department of Planning
Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
11) County Road 57 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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)
12) County Road 44 is a gravel 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)
13) Show and label the proposed commercial access locations to include access width and
turning radii on the site plan. The applicant must obtain an access permit(s) in the approved
location(s) prior to construction. Development Review will review the proposed access
locations during the review of the site plan. (Development Review)
14) Show and label the drainage flow arrows. (Development Review)
15) Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Floodplain Administration)
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date the administrative review was signed, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (Department of Planning
Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. The approved access shall be permitted and constructed; and tracking control shall be
constructed prior to on -site construction. (Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
D. The applicant shall submit and receive approval of a Floodplain Development Permit.
(Department of Planning Services - Floodplain)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cynthia J. Kennedy
USR24-0006
1. A Site -Specific Development Plan and Use by Special Review Permit, USR24-0006, 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)
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11. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of
the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere
to the adopted Weld County Sign Code, as amended. (Department of Planning Services)
12. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code.
Ground -mounted solar collector systems shall be exempt from impervious surface calculations if
the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
13. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning, 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, Division 2 of the Weld County Code. (Department
of Planning Services)
18. 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)
19. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
20. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
21. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
22. The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement. (Development Review)
23. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
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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)
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 operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
31. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Maps # 08123C -1775E dated January 20, 2016 (Box Elder Creek). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts
59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services — Floodplain)
32. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services — Floodplain)
33. 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)
34. 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
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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)
35. 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)
36. 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)
37. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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
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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.
45. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and 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, sand burs, puncture vines, territorial farm dogs and
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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.
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Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
April 22, 2024
Kyle Sundman
1601 Wewatta St, Ste 700
Denver, CO 80202
Subject: USR24-0006 - 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.
On parcel(s) of land described as:
LOT B REC EXEMPT RECX14-0002; BEING PART S2SW4 SECTION 14, T4N, R64W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 19, 2024 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
espectfully,
Ok/VS29.,CtUfkla,
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