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Home My WebLink About20241556.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0006 Cynthia Kennedy. c/o Pivot Solar 46, LLC and Pivot Solar 47, 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. Lot B Recorded Exemption RECX14-0002; being part of the S1/2SW1/4 of Section 14, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. East of and adjacent to County Road 57; north of and adjacent to County Road 44. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 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 [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. 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." Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 2 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 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 Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 3 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 agnvoltaics on this site We [Pivot] incorporate, agnvoltaics 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" 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 agnvoltaics 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 Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 4 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A A Road Maintenance Agreement 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) 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) Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 5 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) 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) Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 6 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) Motion seconded by Butch White VOTE For Passage Against Passage Butch White Pamela Edens Michael Wailes Virginia Guderjahn Michael Biwer Elijah Hatch Barney Hammond 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 f t. Kristine Ranslem Secretary Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 7 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) Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 8 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) Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 9 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 Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 10 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 of the state face a critical shortage of such deposits, and (c) such deposits should be extracted Resolution USR24-0006 Cynthia Kennedy, c/o Pivot Solar 46, LLC and Pivot Solar 47, LLC Page 11 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 J Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood Summary of the Weld County Planning Commission Meeting Tuesday, June 4, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Elijah Hatch, at 1:30 p.m. Roll Call Present: Elijah Hatch, Butch White, Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond, Michael Biwer. Absent: Skip Holland, Michael Palizzi. Also Present: Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal. County Attorney, and Kris Ranslem, Secretary. Case Number. Applicant Planner: Request Legal Description: Location: USR24-0006 Cynthia Kennedy. do Pivot Solar 46, LLC and Pivot Solar 47. 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. Lot B Recorded Exemption R ECX 14-0002; being part of the S 1 /2SW1 /4 of Section 14, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. East of and adjacent to County Road 5T north of and adjacent to County Road 44. Diana Aungst, Planning Services, presented Case USR24-0006, reading the recommendation and comments into the record. Ms. Aungst noted that there will be two (2) phases to this proposed project located on approximately 65 acres. She noted that a letter of objection was received outlining concerns of removing irrigated farmland from agricultural production and that the location of the solar facility may interfere with the ability to see oncoming traffic when pulling out. She added that the Weld County Public Works performed a site visit and did not identify any problems with the intersection. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. In response to Commissioner White's inquiry, Ms. Aungst replied that the site is currently in agricultural production. Commissioner Hammond asked if there are any concerns with the damming around the racking if there was a flood. Ms Aungst said that there will be requirements when they submit their floodplain permit to Weld County and those types of items will be reviewed. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements and on - site dust control. Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that this site will include some form of agrivoltaics and are pursuing and prioritizing subsurface or surface drip. They have been working with the Kennedy's if they wish to provide the vegetation management for the site. He added that they held a community meeting with no one in attendance. Mr. Sundman said that they reached out to the landowner who submitted the objection letter multiple occasions and haven't heard back, however, they have addressed the concerns that they do intend to keep it in agricultural production whether it be crops or grass. Mr. Sundman added that they have committed to setting back off of the substation to ensure that there is no visual hinderance so it does cover the general safety of the site. Mr. Sundman referred to Commissioner Hammond's concern regarding the floodplain and said that they worked with a consultant to analyze the floodplain and the impacts it would have on the site. He added 1 that all equipment will be outside of floodplain and if there is a flood there will be a sensor that the panels will revert to a flat level Cynthia Kennedy, 28339 CR 44, Kersey, Colorado, said that they owned the property for 10 years, however, with rising costs of materials, water and taxes they felt they needed to look at additional income in order to be able to stay on their land By partnering with Pivot Energy they can achieve these goals and continue to keep their land in agricultural production for 20 years or longer The Chair asked if there was anyone in the audience who wished to speak for or against this application Tammy Miller, 27556 CR 46, Kersey, Colorado, said that she and her husband own and operate all the land surrounding this property and added that it is heartbreaking to have land taken out of agricultural production Ms Miller expressed concern regarding the safety aspect of the site She added that the substation has been downplayed and added that when it was updated a small mesh chain link was installed but you cannot see unless you go past the stop sign She added that with adding another fence for shielding the site will cause additional safety issues Ms Miller said that she is also concerned about the wildlife interference and said that the seven -to -eight -foot fence will be installed and wildlife will not be able to go through the fence and will interfere with their wildlife patterns She opposes the facility and said that there are much better locations Mr Sundman said that they sent multiple letters and left voicemails and would be happy to meet with the Millers regarding this application He said that they are setting back off of the substation to retain the view of the intersection He added that these projects are surrounded by hundreds of acres of open farmlands and these projects are not large enough to affect wildlife migration patterns The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0006 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Butch White Vote Motion passed (summary Yes = 5, No = 2, Abstain = 0) Yes Butch White, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn No Barney Hammond, Elgah Hatch Commissioner Hammond stated that he is concerned about this project without further study from Weld County and from FEMA on the floodplain issue He is not comfortable with taking a farm with an active pivot out of production without more detail of how they are going to farm it Commissioner Hatch cited Section 21-3-340 A 2 and Section 21-3-340 A 1 regarding the health and welfare and the safety of the floodplain as he doesn't feel the impacts are not studied, as well as specifics on how the agricultural production will be replaced He doesn't believe this site is ready to come through this process yet without this information Meeting adjourned at 4 12 p m Respectfully submitted, 4,(66YuJ T tt4t UrL, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Aska4cxv&Uo Aost* aaasral C25a C -reek Co ffOLi4QL W OrkN1Ctr\s-.1\VC' TN ley (Sannrtieha LCrvtrrai / j2z5-1 az_ fli (7zrreteu4Co kcxC? / cam,-kyni is .11 Lee+rrk4y:fp/l Cg 2 eg) ?a& 1 . a kbvbmn Cneel .L2251 suniszcirri re Fpwerc Sa14t '.)c,1nswei ei' 113ct3 p\ trvunkrzA_ e -a jor) I 5 s„icv-rttaeiltiCCtir►chai Du nr\-1,4 2wA-cn 7Lkr3ce A- Bv6 3`I do,. 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