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Home My WebLink About20240886.tiffBefore the Weld County, Colorado. Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Palizzi, 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: USR23-0045 PDC Energy. Inc., c/o Thistle Solar, LLC Molly Wright 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 D Recorded Exemption, RECX12-0003; being part of the S1/2 of Section 3, Township 3 North, Range 66 West of the 6th P.M.. Weld County. Colorado. North of and adjacent to County Road 36; east of and adjacent to County Road 31 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. 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 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. 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. Once operational, the proposed SEF creates no noise, odor, light or flickering. vibration, vermin, dust, or other nuisances. The operation of the SEF is it will not impact surrounding property's right to quiet enjoyment. The current and future oil and gas activity on the property will not be impacted. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Section 23 3 40.FF. — Uses by special review. of the Weld County Code includes, "Solar Energy Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 2 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 a Solar Energy Facility as the subject property is 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 thirteen (13) acres and qualifies as a SEF USR This SEF will also include two (2) 40 -foot conex (cargo) containers 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 be removed after construction, while one remains on site for 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 There are fourteen (14) USRs within one (1) mile of the site To the east are USR-888 for a second single family dwelling, USR18-0019 for oil and gas support and service, USR15-0065 for a mineral resource's development facility, USR18-0094 for a greater than 12 -inch high-pressure pipeline To the north there is USR18-0091 for an electric business and USR17-0049 fora high-pressure natural gas line To the west are USR-1756, USR-1748, and 1MJUSR17-15-0019 for kennels, USR18- 0004 for a Solar Energy Facility, and USR-1236 for 230/345 powerlines To the south there is USR20-0011 fora Solar Energy Facility, USR19-0045 for a vehicle repair establishment, and USR- 1363 for a livestock confinement operation Weld County Department of Planning Services staff sent notice to sixteen (16) surrounding property owners within 500 feet of the proposed USR boundary No written correspondence or telephone calls were received The applicant held a neighborhood meeting on March 18, 2024, in which one neighbor attended with questions The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region D Section 23-2-220 A 4 -- That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities The site is located within the Coordinated Planning Agreement Areas for the Town of Gilcrest and the Town of Platteville As part of the pre -application process the municipalities were sent a Notice of Inquiry The Town of Platteville submitted a Notice of Inquiry dated November 14, 2023, which indicated that they have no concerns with the SEF proposal The Town of Gilcrest did not submit a Notice of Inquiry response The site is located within the three (3) mile referral area of the Town of Gilcrest and the Town of Platteville According to the Town of Gilcrest's Comprehensive Plan (2017) the site is outside the Town's Urban Growth Boundary According to the Town of Platteville's Comprehensive Master Plan (2023) and corresponding future land use map the site is located outside the Town's Urban Growth Boundary Both, the Town of Gilcrest and the Town of Platteville, did not submit referral agency comments E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 3 The property is not located within any overlay district officially adopted by the County, including the A -P (Airport) Overlay District, I-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 A6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The parcel is located on 169 acres of soils designated as "Farmland of Statewide Importance" with slopes of 1-5%, Olney loam sand, Valent, and Vona The proposed facility is located on approximately soils designated as "Farmland of Statewide Importance" with slopes of 1-5%, Olney loam sand 44 1 acres of soils designated as "farmland of statewide importance" Olney loamy sand 3 to 5 percent slopes, approximately 35 8 acres of soils designated as "farmland of statewide importance" Olney loamy sand, 1 to 3 percent slopes, approximately 41 9 acres of soils designated as "Not Prime Farmland" Vona loamy sand 3 to 5 percent slopes, approximately 5 4 acres of soils designated as "Farmland of local importance" Vona loamy sand 0 to 3 percent slopes, approximately 2 2 acres of soils designated as "Not Prime Farmland" Valent sand 3 to 9 percent slopes, and 0 2 acres of soils designated as "Not Prime Farmland" Loup-Boel loamy sands 0 to 3 percent slopes 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, as 1041 WOGtA22- 0038 is on site The landowner, PDC Energy, 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 Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map 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 A Final Traffic Report, stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) Resolution USR23-0045 PDC Energy, Inc , do Thistle Solar, LLC Page 4 C The applicant shall submit an easement agreement for the access across Lot A of RECX12- 0003 (Department of Planning Services) D The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas Energy Department as stated in their referral response dated December 29, 2023 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Oil and Gas Energy Department) E The applicant shall acknowledge the advisory referral comments of Colorado Parks and Wildlife as stated in their referral response dated January 2, 2024 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) F The map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR23-0045 (Department of Planning Services) 2) The attached Development Standards (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260 D and Section 23-4-1030 of the Weld County Code (Department of Planning Services) 4) Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld County Code (Department of Planning Services) 5) Show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous Improvements, as applicable Clearly indicate which equipment and structures are temporary for use during construction and which items are permanent (Department of Planning Services) 6) Show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County Code Include fence and sign specification details on the map Refer to the Weld County Sign Code, as amended (Department of Planning Services) 7) Show and label the location of the temporary trash collection areas, if applicable Include specification details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design criteria (Department of Planning Services) 8) Show and label any on -site lighting, if applicable All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties Include lighting specification details on the USR map Refer to Section 23-2-250 D of the Weld County Code for design criteria (Department of Planning Services) 9) Show and label any planned oil and gas surface development areas, corridors, access roadways, for example, part of any executed Surface Use Agreement (Department of Planning Services) 10) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number and recording date (Department of Planning Services) Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 5 11) CR 31 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) 12) CR 33 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) CR 36 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) 14) Show and label the existing, permitted access points onto CR 31, CR 33, and CR 36, and the usage type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review will review the access design as a part of the plan submittal (Development Review) 15) 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 approved tracking control shall be constructed prior to on -site construction (Development Review) B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 6 C 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) Motion seconded by Virginia Guderjahn VOTE For Passage Skip Holland Butch White Pamela Edens Michael Wailes Michael Palizzi Shana Morgan Virginia Guderjahn Against Passage Absent Elgah Hatch Barney Hammond 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 April 2, 2024 Dated the 2nd of April, 2024 Kristine Ranslem Secretary Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PDC Energy Inc USR23-0045 A Site -Specific Development Plan and Use by Special Review Permit, USR23-0045 for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The Use by Special Review Permit shall be valid for three (3) years from the date of approval If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval (Department of Planning Services) 4 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 5 The facility is unmanned and will operate year-round, according to the application materials Limited maintenance personnel may visit the site once operational (Department of Planning Services) 6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of Planning Services) 7 Glare A SEF shall be designed, located, or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030 C 2 of the Weld County Code, as amended (Department of Planning Services) 8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030 C 3 of the Weld County Code, as amended (Department of Planning Services) 9 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 10 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) per Section 23-4- 1030 C 5 of the Weld County Code, as amended (Department of Planning Services) 11 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere to the adopted Weld County Sign Code, as amended (Department of Planning Services) Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, 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) per Section 23-4-1030 C 7 of the Weld County Code, as amended (Department of Planning Services) 13 Access permit Pnor to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning Services, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of Planning Services) 14 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of the Weld County Code, as amended (Department of Planning Services) 15 The site shall adhere to the accepted Decommissioning and Reclamation Plan Per Section 23-4- 1030 B 4 h of the Weld County Code, as amended Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation (Department of Planning Services) 16 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of Planning Services) 17 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 18 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 19 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 20 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 21 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 Pnor to the release of building permits, the applicant shall be required to submit a complete access application for a commercial access as shown on this plan (Development Review) 24 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 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 Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 9 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 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 Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 10 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 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 Resolution USR23-0045 PDC Energy, Inc , c/o Thistle Solar, LLC Page 11 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, 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, April 2, 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 Vice -Chair Butch White, at 1:30 p.m. Roll Call. Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens. Michael Palizzi. Shana Morgan. Virginia Guderjahn, Barney Hammond. Absent- Elijah Hatch. Also Present: Chris Gathman. Diana Aungst, Molly Wright, and Maxwell Nader, 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: USR23-0045 PDC Energy. Inc., c/o Thistle Solar; LLC Molly Wright 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 D Recorded Exemption, RECX12-0003: being part of the S1/2 of Section 3. Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. North of and adjacent to County Road 36 east of and adjacent to County Road 31. Molly Wright, Planning Services, presented Case USR23-0045, reading the recommendation and comments into the record. Ms. Wright noted that no phone calls or correspondence was received from surrounding property owners regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and the on -site dust control plan. Kristy Weyerman, SunShare Community Solar, 1877 Seadrift Drive, Windsor Colorado, stated that this proposed project is for up to 3.5 megawatts on 13 acres They system will be connecting to distribution lines that are already on the property. Ms. Weyerman stated that they will be installing some screening on the northeast and south sides of the property. Ms. Weyerman said these landowners do not have any water rights; therefore, they work with local sheep farmers to have sheep graze these sites to keep the site clean and clear of overgrowth vegetation and weeds. SunShare is planning to partner with researchers to conduct agrivoltaic studies on this site. Plots of land within the facility could be used as control groups to study various scenarios. The studies conducted at these sites could help in understanding solar on arid farmlands. Ms. Weyerman noted that she was in contact with surrounding property owners and held a community meeting for this site. She added that there were no concerns from surrounding property owners. Additionally, she noted that there was one gentleman that came to the community meeting with inquiries regarding dust from the traffic. Ms. Weyerman said that if dust is an issue, they will use water tankers to help dust mitigation during the dry weather. 1 Karin McDougal, County Attorney, stated that Commissioner Hammond is recused from this case as he previously worked for Sunshare, LLC The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak 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 USR23-0045 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 Palizzi, Seconded by Virginia Guderjahn Vote Motion carried by unanimous roll call vote (summary Yes = 7) Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland, Virginia Guderjahn Absent Barney Hammond Meeting adjourned at 4 28 p m Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS X123 EMAIL John Doe Nowhere Street, City, State, Zip a IY/1b,itcA A- ✓ e . 6reale-j410 ro‘ii re h r+a-- emArt 2_ . jae,.iOA-0,5o4 Seltzer 33ta`i k UKtz__ 83 er.otzsaakc, geacat 1 Nicd4s*.“„i Ls.4_61, icii e -a g u. 6 r•et_Ltai If04 1 ./a I �A a `it' 1 CHeSTAHA--r. 840431 ! 416. _Jai+ter i eon A /d iVe,ipr /,340 /V Ott 5ok3/ .3_r'ea79<3 eles-4. 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