HomeMy WebLinkAbout20241665.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Molly Wright
Case Number: USR24-0001
Owners: Wells Ranch c/o Steve Wells
32010 County Road 63, Gill, CO 80624
Hearing Date:
Representative: SunShare LLC, dba Aquamarine Solar LLC and Beatrix Solar LLC c/o Kristy Weyerman
1724 Gilpin St, Denver, CO 80218
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 The E2 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado
Descriptions:
Location: North of and adjacent to County Road 64; approximately 0.5 miles east of County Road 61
Acreage: Parcel Boundary: +/- 319.3 acres Parcel No. 0799-31-1-00-004
Solar Energy Facility (SEF) +/- 54.31 acres
The criteria for review of this Use by Special Review are listed in Section 23-2-220 and Section 23-4-1030
of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Xcel Energy, referral dated February 1, 2024
• Colorado Parks and Wildlife, referral dated January 19, 2024
• Galeton Fire Protection District, referral dated January 14, 2024
• Weld County Oil and Gas Energy Department, referral dated January 24, 2024
• State of Colorado, Colorado Division of Water Resources, referral dated January 29, 2024
• Weld County Department of Public Health and Environment, referral dated February 1, 2024
• Weld County Department of Planning Services — Development Review, referral dated February 1, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sheriff's Office, referral dated January 11, 2024
• Weld County School District RE -7, referral dated January 10, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
• Noble Energy (Chevron)
• West Greeley Conservation District
• Weld County Office of Emergency Management
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CASE SUMMARY:
The applicant, Sunshare LLC, is proposing to construct a 10,000 kilowatt Solar Energy Facility (SEF)
approximately 54.31 acres on parcel number 079931100004. This SEF will consist of two (2) phases
described as Aquamarine Solar LLC, and Beatrix Solar LLC. Each phase is approximately twenty-seven
(27) acres in size. The SEF will consist of about 21,000 solar modules, 125 inverters, two (2) concrete pads
for mounted transformers and other electrical equipment. The maximum height of the solar panels will not
exceed eight (8) 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 sixty (60) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 6:00 p.m. One (1) temporary construction trailer
will be located on -site as well as up to two (2) storage containers on each property during construction. One
(1) storage container will be located on the property to store modules and other spare parts after
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.
The applicant will have an operations and maintenance team that will visit the site quarterly annually to
perform routine maintenance, project monitoring, and vegetation control. There will be an eight (8) -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 applicant is proposing a six (6) foot privacy fence around the northeast corner of proposed phase two
(2) as there is one residence within 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 minimum noise, no 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-four (54) 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. One cargo container will remain on site following construction for the storage
of spare modules and other spare parts.
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 within 500 feet of phase two of the
project.
There are three (3) USRs within one (1) mile of the site. To the east is USR12-0052 for a non -1041
major facility of a public utility. To the south of the proposed facility, on the subject parcel, is
MUSR14-0024 for a non -1041 pipeline. To the southwest of the property, is USR13-0006 for a non -
1041 major facility of a public utility.
Weld County Department of Planning Services staff sent notice to five (5) 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.
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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 Coordinated Planning Agreement Area (CPA). The site is not located
within a three (3) mile referral area of any municipality.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The property is not located within 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 33.3 acres of soils designated as "Prime
Farmland if irrigated" Haverson loam (1-3%) slopes, approximately 8.1 acres of soils designated
as "Farmland of local importance" Vona loamy sand (0-3%) slopes, approximately 8.0 acres of soils
designated as "Not prime farmland" Vona loamy sand (5-9%) slopes, and approximately 1.9 acres
of soils designated as "Farmland of statewide importance" Vona loamy sand (1-3%) slopes per the
USDA Natural Resources Conservation Service (NRCS) Custom Soil Report.
The proposed use is temporary, and soils will not be unduly removed from the property. After the
lease period, the land can be returned to historic uses. The portion of the parent parcel that is not
encumbered by the USR will continue to be used for oil and gas production. The landowner, Wells
Ranch, does not have any water rights on the property.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
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A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes during
construction. (Development Review)
B. The applicant shall acknowledge the referral comments of Colorado Parks and Wildlife as
stated in their referral response dated January 19, 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 acknowledge the referral comments of Colorado Division of Water
Resources as stated in their referral response dated January 29, 2024. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall acknowledge the referral comments of Galeton Fire Protection District as
stated in their referral response dated January 14, 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 acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department as stated in their referral response dated January 1, 2024. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services. (Oil
and Gas Energy Department)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0001. (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)
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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) County Road 64 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 at full buildout. The applicant shall delineate and label on the plat the
future and existing right-of-way (along with the documents creating the existing right-
of-way) and the physical location of the road. If the existing right-of-way cannot be
verified it shall be dedicated. The applicant shall also delineate the physical location of
the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-
1-90, the required setback is measured from the future right-of-way line. The western
portion of the road is maintained by Weld County. The eastern portion of the road is
not maintained by Weld County. Therefore, include the label "CR 64 Not County
Maintained" on the eastern portion. (Development Review)
12) Show and label the access point onto CR 64. Include the access usage type.
Development Review will review the access location as a part of the plan submittal.
(Development Review)
13) Show and label the drainage flow arrows. (Development Review)
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. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
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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.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare LLC
Aquamarine Solar LLC and Beatrix Solar LLC
USR24-0001
1. A Site -Specific Development Plan and Use by Special Review Permit, USR24-0001 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
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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 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 shall maintain compliance with the Decommissioning Plan. (Department of
Planning Services)
20. 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)
21. 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)
22. 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)
23. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
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25. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
26. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
27. During construction, waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code. (Department of Public Health and Environment)
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
29. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened
from public view, and removed when construction is completed. (Department of Public Health and
Environment)
30. The 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)
31. 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)
32. 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)
33. 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)
34. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
35. 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)
36. 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.
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37. 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.
38. 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.
39. 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."
40. 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.
41. 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.
42. 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.
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43. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
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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
April 24, 2024
Kristy Weyerman
1724 Gilpin St
Denver, CO 80218
Subject: USR24-0001 - 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:
E2 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 4, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 26, 2024 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
Molly right
Planner
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