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Home My WebLink About20241570.tiffEXHIBIT Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Butch White, 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 Location Rai -o USR24-0004 Workman's Livestock, LLC, c/o Pivot Solar 50, LLC and Pivot Solar 51. LLC Diana Aungst 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. Description: Lot B Recorded Exemption RE -3136 being part of the SW1/4 of Section 26. Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. North of and adjacent to County Road 52 approximately 0.5 miles west of 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. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-10. C. states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility 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 nine (9) rural residences that is less than five hundred (500) feet from the facility. The applicant is required to provide waivers from nine (9) property owners or install an opaque landscaping and/or screening plan. 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." 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. Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 2 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 55 acres of a 73 -acre parcel The proposal meets the intent of A (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, an oil and gas production site and rural residences Weld County Department of Planning Services staff sent notice to twenty-two (22) surrounding property owners who own the adjacent properties within 500 feet of the proposed USR boundary No written correspondence or telephone calls were received There are seven (7) USRs within one (1) mile of the site USR19-0008 is for a greater than 12 -inch HP natural gas pipeline and USR15-0063 for mineral resource and development facility are located to the east USR-1478 for a concrete business are located to the north USR19-0012 for a mineral resource development facility and 2MUSR18-84-602 or oil and gas support and service are located to the west USR-1274 is for vehicle storage and USR23-0028 for US Solar Company SEF are located to the south 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 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans and the Town of Kersey As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI) The City of Evans returned their Notice of Inquiry form with comment dated December 21, 2023 stating "While this property is located within the three mile Evans -Weld CPA, it is over 2 25 miles east of the existing Evans municipal boundaries and is east of the South Platte River Annexation is not possible or practical at this time " The Town of Kersey Notice of Inquiry in the response dated December 14, 2023 stated annexation will not be pursued The site is located within the three (3) mile referral area of the Cities of Greeley and Evans and the Towns of Kersey and Garden City The City of Evans and Greeley submitted referral agency comments dated January 30, 2024 and February 27, 2024, respectively, stating no concerns The Towns of Kersey and Garden City also stated no concerns in their referral agency comments both dated January 30, 2024 The site is located in the City of Evans' Urban Growth Area and designated on their Future Land Use Map as Rural Residential and Industrial Rail Access as the site is just south of the rail corridor The subject property is located outside of the City of Greeley's, the Town of Kersey's and the Town of Garden City's future land use maps Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 3 E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is within the Airport Overlay Distract and is not within the 1-25 Overlay District, Special Flood Hazard Area, 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 Program 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 predominately located on Dacono clay loam 0-1 percent slopes, which are classified with an C rating, and are classified as Prime Farmland if irrigated The remainder of the site consist of Aquolls and Aquents With a D rating and are classified as "Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season" per the soil report dated December 12, 2023, from the Natural Resource Conservation Service Soil Survey The applicant indicates that the land will continue in agricultural production when the site is decommissioned Per the application materials the property owner stated that there are water rights associated with the land which will be utilized for the Agnvoltaic component of the facility G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall address the requirements of Xcel Energy a Public Service of Colorado Company, as stated in the updated referral response dated February 5, 2024 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) B The applicant shall acknowledge the advisory comments of Colorado Parks and Wildlife as stated in their referral dated February 6, 2024 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Weld County Oil and Gas Energy Department C The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy Department as stated in their referral dated January 31, 2024 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Weld County Oil and Gas Energy Department) Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 4 D 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) 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 Drainage Narrative with a, qualifying exception (accepted by Development Review) or a Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) G 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 (Development Review) H The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR24-0004 (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) 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 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 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 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 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 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) 11 County Road 52 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way The applicant shall delineate and label on the plat the existing right-of-way (along with the Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 5 documents creating the existing right-of-way) and the physical location of County Road 52 If the existing right-of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the right-of-way line This road is maintained by Weld County (Development Review) 12 Show and label the existing and proposed access points onto CR 52 and the usage types that apply for each (Residential, Agricultural, Commercial and/or Oil and Gas) Development Review will review the access location as a part of the plan submittal (Development Review) 13 Show and label the approved tracking control (Development Review) 14 If applicable, show and label the accepted drainage features Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume Otherwise, show and label the drainage flow arrows (Development Review) 15 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) 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 paper map along with all other documentation required as Conditions of Approval The paper 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 paper map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period (Department of Planning Services) 4 The Use by Special Review 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) 5 Prior to Construction A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners Once approved, the Decommissioning and Reclamation Plan, shall be updated to include the approved security information (Department of Planning Services) B The approved access and tracking control shall be constructed prior to on -site construction (Development Review) C If more than 1 acre is to be disturbed, a Weld County grading permit and a Colorado Stormwater Discharge Permit will be required (Development Review) Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 6 Motion seconded by Michael Wailes VOTE For Passage Against Passage Elijah Hatch Butch White Pamela Edens Michael Wailes Virginia Guderjahn Barney Hammond Michael Biwer Absent Skip Holland Michael Palizzi 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 June 4, 2024 Dated the 4th of June, 2024 Kristine Ranslem Secretary Resolution USR24-0004 ' Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Workman's Livestock LLC Pivot Solar 50 LLC and Pivot Solar 51 LLC USR24-0004 1 Site Specific Development Plan and Use by Special Review Permit, USR24-0004 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 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) Resolution USR24-0004 Workman's Livestock, LLC, do Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 8 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) (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, Chapter 8, 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 pounty 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 This site is located within the Airport Overlay District (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 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 20 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) 21 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) 22 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) 23 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) Resolution USR24-0004 Workman's Livestock. LLC. c/o Pivot Solar 50. LLC and Pivot Solar 51. LLC Page 9 24. 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) 25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. (Department of Public Health and Environment) 26. 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) delineated in 25 1-2 103 C.R.S. (Department of Public Health and Environment) 28. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 29. 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) 30. 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) 31. 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) 32. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) 34. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 35. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 35. 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) 36. 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) 37. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700. as amended. (Department of Planning Services) Resolution USR24-0004 Workman's Livestock, LLC, c/o Pivot Solar 50, LLC and Pivot Solar 51, LLC Page 10 38 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) 39 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 40 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 41 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 42 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 43 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 44 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 Summary of the Weld County Planning Commission Meeting Tuesday, June 4, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Elijah Hatch, at 1:30 p.m. Roll Call. Present Elijah Hatch. Butch White, Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond, Michael Biwer. Absent: Skip Holland, Michael Palizzi. Also Present: Chris Gathman, Diana Aungst. and Molly Wright, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number Applicant Planner Request Legal Location USR24-0004 R24-0004 Workman's Livestock, LLC. c/o Pivot Solar 50. LLC and Pivot Solar 51; LLC Diana Aungst 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. Description: Lot B Recorded Exemption RE -3136; being part of the SW1 /4 of Section 26, Township 5 North. Range 65 West of the 6th P.M., Weld County. Colorado. North of and adjacent to County Road 52; approximately 0.5 miles west of County Road 47. Diana Aungst, Planning Services, presented Case USR24-0004, reading the recommendation and comments into the record. Ms. Aungst stated that letters were sent to 22 surrounding landowners and no written correspondence was received; however, Staff received a phone call from Mr. Cruz with questions and concerns and later Staff received Exhibit 1 which outlines correspondence between the applicant and Mr. Cruz. Ms. Aungst recommended deleting Development Standard #33 as it is not required. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Commissioner Guderjahn asked if the applicant has a post -community meeting version of the site plan. She referred to Exhibit 1 there is a pre -community engagement and a post -community engagement and they have altered the layout of the site. Ms. Aungst replied that they have not submitted the revised layout to Staff yet. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on - site dust control. Commissioner Wailes asked if Staff has had a chance to review the revised site plan from the applicant. Ms. Aungst replied that she has not, however, it appears that the applicant is moving the solar panels to address the Mr. Cruz's concerns by moving them away from his property. She said that she believes the change of placement of the solar panels is minor enough that the maps they have are conceptual. Karin McDougal, County Attorney, agreed with Ms. Aungst and said it depends on how substantial the change is whether or not we would be able to move forward. She added that it doesn't sound like it is a substantial change and suggested that we hear from the applicant. Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado. stated that the change that was made is not substantial in terms of the footprint but substantial to the phasing. He said originally the project was arranged vertically, where the left half was the first project and the right half was the second project. 1 Through community engagement with the Cruz's, they shifted the way the project would be built so that the array would be built on the southern half of the property first, away from them He added that the footprint isn't different but the phasing is different Mr Sundman said that this site currently has a year-to-year water lease with the City of Aurora Should Pivot Energy be able to engage with a neighbor farmer or the City of Aurora for a multi -year lease, they will commit to doing the same surface level drip and crop or grass brush He added that if they cannot get a lease that is more than one year, they feel that they cannot commit to the exact specific type of crop Alisha Acosta, Workman's Livestock, 22257 CR 52, Greeley, Colorado, stated that their family farm impacts three (3) generations Ms Acosta said that they as a dryland farm they are faced with challenges of unpredictable weather, fluctuating market prices and inconsistent availability of leased water She added that since they have embraced the idea of solar farming, it has become a beacon of financial security for their family Commissioner Wailes asked if the access point off of County Road 52 will remain with the reconfiguration of the layout Mr Sundman replied yes The Chair asked if there was anyone in the audience who wished to speak for or against this application Kandace Cruz, 25252 CR, 45, Greeley, Colorado, stated that their property runs parallel to the proposed site Ms Cruz said that they are also located in the floodplain and is concerned that no one has pointed that out She expressed concern regarding environmental and health issues from the solar panels Michael Cruz, 25252 CR 45, Greeley, Colorado, stated that he is the neighbor directly to the north of the subject site He said that there are some eagles, owls and hawks in the area and would like to hear comments from the State Wildlife Department Mr Cruz said that the site is under a full circle pivot system so he doesn't understand how they are not getting good crops He appreciated that they moved the solar over but he stated that he is opposed to this project He added that none of the landowners live there Mr Cruz asked the Planning Commission to consider the wildlife and the environmental concerns Mr Sundman said that based on their studies, they have not found any health or environmental effects from solar panels He added that they are happy to continue working with the Cruz's Commissioner Edens commented that it is great what you do for the community but she has to look at the requirements in order to move it forward to the County Commissioners The Chair asked Staff if there were any further changes to the Resolution Ms Aungst requested to delete Development Standard 33 as it is not required Ms Light requested deleting Development Standard 27 as they don't typically put restrictions on noise for these facilities Motion Delete Development Standards 27 and 33, Moved by Michael Wailes, Seconded by Butch White Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0004 to the Board of County Commissioners along with the Conditions of Approval and amended Development Standards with the Planning Commission's recommendation of approval, Moved by Butch White, Seconded by Michael Wailes Vote Motion passed (summary Yes = 6, No = 1, Abstain = 0) Yes Barney Hammond, Butch White, Elijah Hatch, Michael Biwer, Michael Wailes, Pamela Edens No Virginia Guderjahn 2 Commissioner Guderjahn cited Section 23-2-220 A 6 regarding the preservation of prime agricultural land Meeting adjourned at 4 12 p m Respectfully submitted, Kristine Ranslem Secretary 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip At ts kA 4 o‘v&A,1O A uzigt, workIrvcr\S- �.l�sb M�i�@--C1 aaaSi ea.s Go OtO3I C-reekj4 Gook -brat 151 i uc�t�� k.��c+ii�t lei/,►��Y��sa (r.ti i 222---i L -R 52 (lrrele� , Co �GYc3 t 2?257 Cg S2.. 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