HomeMy WebLinkAbout20240350.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Molly Wright
Case Number: USR23-0024
Owners: Ruby and Lee Lindblad, and M. A. Lindblad, LLC
Representative: CBEP Solar 22, LLC and CBEP Solar 23, LLC
c/o Zach Brammer
PO Box 1255 Sterling, CO 80751
Hearing Date: January 16, 2024
Request: A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption No. RE -391 and part of the S2 all in Section 17, T6N, R66W of
Descriptions: the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Highway 392; West of and adjacent to County Road 27
Acreage: Parcel Boundary: +/- 97 acres Parcel Nos. 0805-17-0-00-023
Solar array: +/- 56.5 acres 0805-17-0-00-039
The criteria for review of this Use by Special Review are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
• Greeley No. 2 Canal, referral dated January 7, 2024
• Weld County Oil and Gas Energy Department, referral dated November 30, 2023
• State of Colorado, Colorado Division of Water Resources, referral dated October 11, 2023
• Weld County Department of Public Health and Environment, referral dated October 5, 2023
• Weld County Department of Planning Services — Development Review, referral dated October 10, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• City of Greeley, referral dated October 16, 2023
• Town of Windsor, referral dated October 2, 2023
• Weld County Sheriff's Office, referral dated September 19, 2023
• North Weld County Water District, referral dated September 28, 2023
• Weld County Office of Emergency Management, referral dated September 18, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Severance
• Colorado Parks and Wildlife
• West Greeley Conservation District
• Colorado Department of Transportation
• Windsor Severance Fire Protection District
USR23-0024 - CBEP Solar 22, LLC and CBEP Solar 23, LLC
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CASE SUMMARY:
The applicant, Cloudbreak Solar, is proposing to construct a Solar Energy Facility (SEF) on two adjacent
parcels. CBEP Solar 22, LLC is a five (5)- megawatt (5 MW AC) located on parcel number 080517000023.
CBEP Solar 23, LLC, is a one (1) -megawatt (1 MW AC) located on parcel number 080517000039. The SEF
will consist of about 13,500 solar modules, 60 inverters, 3 concrete pads for mounted transformers and other
electrical equipment. The maximum height of the solar panels will not exceed twenty-five (25) feet in height as
measured from the highest grade below each solar panel to the highest extent of the solar panel rotation.
During construction there will be a crew of about fifty (50) 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 may be
located on -site as well as up to two (2) storage containers on each property during construction. Any debris,
junk, or wastes associated with building the project will be removed and disposed of property prior to
completion. No waste will be produced once the array is "turned -on" and producing energy.
CBEP Solar will have an operations and maintenance team that will visit the site approximately two (2) times
annually to perform routine maintenance, project monitoring, and vegetation control. There will be a seven (7) -
foot tall wildlife -friendly game fence around the facility. An accepted native -seed mixture will be planted on all
disturbed areas and will not require irrigation once established or utilization of sheep for keeping the native
grasses below 22 -inches. The property owner of CBEP Solar 23 LLC will use the existing ditch rights to support
their remaining agricultural land. The applicant is proposing to plant a native seed mixture underneath the SEF
that will be maintained by sheep grazing. The landowner of CBEP Solar 22 LLC does not have any water rights
on the property.
Landscaping and screening waivers are not required as there are no residences, excluding the property
owner's residence, that are less than five hundred (500) feet from the facility. The facility is unmanned, and no
water or sewage disposal service is required. Bottled water and portable toilets will be provided during
construction. A decommissioning plan was submitted with the application materials and is currently under
review.
THE 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 of the Weld County Code states: "Promoting Economic Growth and Stability. Land
use policies have a significant impact economic conditions in the County and should be structured to
encourage economic prosperity. To ensure the continued strength of Weld County's economy, land
use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will initially provide construction jobs and future energy production to Weld
County. These functions directly support economic prosperity. This Solar Energy Facility, being a
power -generating facility, will add variety, stability, and redundancy to the existing electrical grid.
Traditional energy resources are tied to commodity markets and can vary in demand and output. This
facility can complement and support the economy during times of fluctuating oil and gas activity.
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Section 22-2-30.C. - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are no residences that are less than five hundred (500) feet from the
facility. Once operational, the proposed SEF creates no noise, odor, light or flickering, vibration,
vermin, dust, or other nuisances. The operation of the SEF is it will not impact surrounding property's
right to quiet enjoyment. The current and future oil and gas activity on the property will not be impacted.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
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."
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres in
the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located in
the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County
Code the SEF will encumber approximately fifty-six (56) acres and qualifies as a SEF USR.
This SEF may also include two (2) 40 -foot conex (cargo) containers per parcel during
construction. Cargo containers are allowed as an Accessory Use, per Section 23-3-30.B of the Weld
County Code. The Cargo containers will be removed after construction is completed.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties are zoned A (Agricultural). The land uses include residences, agricultural
uses, and vacant land. The closest residence is approximately 530 feet from the solar facility.
There are eleven (11) USRs within one (1) mile of the site. To the east are USR-1417 for an excavation
equipment shop, USR-842 for feed sales and farm equipment repair, 3MUSR19-85-685 for a kennel
up to 140 dogs and 20 cats, USR-1698 for a child daycare center. To the north there is SUP -22 for a
feed lot. To the west are USR-591 for a crude oil facility, USR-1182 for a gas line, USR-1212 for an
airstrip, USR-1144AM for a dairy for up to 3000 cows, and USR-1428 for repair of trucks and farm
equipment.
Weld County Department of Planning Services staff sent notice to seventeen (17) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Areas (CPA) for the Town of Windsor
and the Town of Severance. As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI). The Town of Windsor submitted a Notice of Inquiry dated June 12, 2023, which
USR23-0024 - CBEP Solar 22, LLC and CBEP Solar 23, LLC
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indicated that they have no concerns with the SEF proposal. The Town of Severance did not submit
a Notice of Inquiry (NOI) response.
The site is located within the three (3) mile referral area of the City of Greeley, and the towns of
Windsor and Severance. The Town of Windsor and the City of Greeley submitted referral agency
responses with no concerns dated October 16, 2023. According to the City of Greeley's
Comprehensive Master Plan (February 2018) and corresponding future land use map the site is
located outside the City's Urban Growth Boundary. According to the Town of Windsor's
Comprehensive Master Plan (March 2016) and corresponding future land use map the site is located
outside the Town's Urban Growth Boundary. According to the Town of Severance's Comprehensive
Master Plan (January 2020) and corresponding future land use map the site is located within the rural
residential conservation or agricultural area. The Town of Severance did not submit referral agency
comments.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by maps
officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including the A-
P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District,
Agricultural Heritage Overlay District, or part of a Disproportionally Impacted Community.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on approximately 7.8 acres of soils designated as "Prime farmland if
drained and either protected from flooding or not frequently flooded during the growing season"
Aquolls and Aquepts, flooded, approximately 26.5 acres of soils designated as "Prime farmland if
irrigated" low slope (1-3%) Kim loam, and approximately 22.8 acres of soils designated as "Prime
farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60" with
low slope (1-3%) Olney fine sandy loam, per the USDA Natural Resources Conservation Service
(NRCS) Custom Soil Report.
The proposed use of the property for an SEF will not remove topsoil from the property. After the life of
the SEF the land may be returned to historic uses. The landowner of CBEP Solar 22 LLC will use the
existing ditch rights to support their remaining agricultural land, the sheep grazing underneath the
SEP, and to maintain the native seed mixture. The landowner of CBEP Solar 23 LLC does not have
any water rights on the property and the property is currently used for oil and gas facilities.
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.
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall submit documentation of an access permit or written approval, from the
Colorado Department of Transportation, for access onto Highway 392. (Development Review)
B. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department as stated in their referral response dated November 30, 2023. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services. (Oil and
Gas Energy Department)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0024. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and
miscellaneous improvements, as applicable. Clearly indicate which equipment and
structures are temporary for use during construction and which items are permanent.
(Department of Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the
Weld County Code. Include fence and sign specification details on the map. Refer to the
Weld County Sign Code, as amended. (Department of Planning Services)
7) Show and label the location of the temporary trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County
Code for design criteria. (Department of Planning Services)
8) Show and label any on -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code for design criteria. (Department of Planning Services)
9) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
11) Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along
with the documents creating the right-of-way. (Development Review)
12) Show the approved Colorado Department of Transportation (CDOT) access point on the
plan and label with the approved access permit number, if applicable. (Development
Review)
13) Show and label the drainage flow arrows. (Development Review)
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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
required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month
period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
B. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ruby and Lee Lindblad and M. A. Lindblad LLC
USR23-0024
1. A Site -Specific Development Plan and Use by Special Review Permit, USR23-0024 for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the
site is not selected for being a participant in any community solar program the permit shall expire on
the anniversary date of Board of County Commissioners approval. (Department of Planning Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of Planning
Services)
7. Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from its solar
collectors will not be directed toward or onto nearby properties or roadways at any time of the day per
Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning Services)
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential
buildings and residential lots of a platted subdivision or planned unit development. The residential
setback requirement may be reduced if appropriate screening through landscape or an opaque fence
is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence
owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a
landscaping plan or fencing plan shall first be submitted to and approved by the Department of
Planning Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of
Planning Services)
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County
Code, as amended. (Department of Planning Services)
10. Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4-
1030.C.5 of the Weld County Code, as amended. (Department of Planning Services)
11. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan
shown heron. Appropriate signage shall be placed upon such fencing that warns the public of the high
voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere to the
adopted Weld County Sign Code, as amended. (Department of Planning Services)
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
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Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
13. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning Services, pursuant to the provisions of
Article XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as
amended. (Department of Planning Services)
14. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9 of
the Weld County Code, as amended. (Department of Planning Services)
15. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1030.B.4.h of the Weld County Code, as amended. Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in
the event that the holder has not commenced decommissioning/reclamation activities within ninety
(90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation. (Department of Planning Services)
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
19. The property owner 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. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
23. 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)
24. 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)
25. 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)
26. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
27. 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
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public view, and removed when construction is completed. (Department of Public Health and
Environment)
28. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (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. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
32. 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)
33. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
34. 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)
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."
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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. 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.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
42. 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.
USR23-0024 - CBEP Solar 22, LLC and CBEP Solar 23, LLC
Page 10 of 11
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 livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR23-0024 - CBEP Solar 22, LLC and CBEP Solar 23, LLC
Page 11 of 11
December 4, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Zach Brammer
Cloud Break Energy
PO Box 1255
Sterling, CO 80751
Subject: USR23-0024 - 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 Recorded Exemption, RE -391, and another parcel, both being part of the SE1/4 SW1/4 of
Section 17, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 16, 2024 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 31, 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Molly Wright
Planner
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