HomeMy WebLinkAbout20251277.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst
Case Number: USR24-0027
Owner: Coors Energy Co c/o Ben Moline
PO BOX 4030, Golden, CO 80402
Hearing Date: May 6, 2025
Representative: Engie Distributed Renewables Development, LLC c/o Navya Gundeti
225 W. Hubbard Street, Suite 200, Chicago, IL 60654
Request: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Being a part of the N2 of Section 36, Township 3 North, Range 64 West of the 6th P.M.,
Description: Weld County, Colorado.
Location:
East of and adjacent to County Road 59 and approximately 0.6 miles north of County
Road 26 (section line)
Acreage: Parcel Boundary: +/- 200 acres
Solar Energy Facility (SEF) +/- 42 acres
Parcel No.: 1215-36-2-00-006
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:
➢ Colorado Parks and Wildlife, referral dated February 12, 2025
➢ Colorado Division of Water Resources, referral dated March 4, 2025
➢ Public Service Company of Colorado (Xcel), referral dated February 18, 2025
➢ Weld County Department of Public Health and Environment, referral dated February 24, 2025
➢ Weld County Department of Planning Services — Development Review, referral dated March 13, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ United Power, referral dated February 19, 2025
➢ Town of Keenesburg, referral dated February 24, 2025
➢ Weld County Sheriffs Office, referral dated February 12, 2025
➢ Southeast Weld Fire Protection District, February 12, 2025
➢ Weld County School District RE -3J, referral dated February 12, 2025
➢ Colorado Division of Reclamation Mining and Safety (DRMS), referral dated February 25, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Chevron
➢ Coors Energy Co
➢ Industrial Gas Services
➢ Southeast Conservation District
➢ Weld County Oil and Gas Energy Department
➢ Weld County Office of Emergency Management
➢ Colorado Department of Public Health and Environment
USR24-0027 —Coors Energy LLC
Page 1 of 12
CASE SUMMARY:
The applicant, ENGIE Development, LLC is proposing to construct and operate a 7.2 MWAC Solar Energy
Facility (SEF) to be known as the Keenesburg Solar Project (aka Banquet Solar). The SEF will encompass
about forty-two (42) acres of a two hundred (200) -acre parcel owned by Coors Energy Co.
The approximate 16,500 solar modules will not exceed twenty-five (25) feet in height as measured from the
highest grade below each solar panel to the highest extent of the solar panel rotation and will have a two
(2) foot ground clearance. There will be approximately fifty-eight (58) inverters mounted on steel beams,
three (3) transformers, and nine (9) additional pad mounted equipment.
During construction there will be a crew of about fifty (50) workers on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 5:00 p.m. During operations, two to four (2 to 4)
will visit the site up to four times per year for regular maintenance and other times as needed. There will be
three (3) 40 -foot conex (cargo) containers on site for the entire operation of the SEF to store spare parts,
tools, and electrical equipment. Per Code Section 23-3-30.B. two (2) cargo containers are allowed on a Lot
less than eighty (80) acres and five (5) cargo containers are allowed on a Lot of eighty (80) -acres or more.
This site is greater than 80 acres.
There are no residences within five hundred (500) of the disturbed area and a seven (7) foot game fence
will be installed around the site with one thirty (30) -foot wide access gate and at least one (1) emergency
personnel gate.
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.
There is a USR-1160 and a Certificate of Designation that encumber the subject site. The USR-1160
encompasses about 550 acres on both Section 25 and Section 36. The applicant is adjusting the property
line between Section 25 and 36 to place USR-1160 for the coal mine and waste disposal site on a separate
parcel from the Solar Energy Facility Other conditions include a partial vacation of USR-1160 and a new
CD for the surface coal mine, the waste ash and rock disposal areas. No CD is required on the subject
property.
The adjacent land uses include multiple landfills and a coal mine. The subject property is located north of
and adjacent to USR-1285 and east of and adjacent to USR14-0080. Both of USR-1285 and USR14-0080
were approved as solid waste disposal sites. USR-1285 was approved by the Board of County
Commissioners (BOCC) on November 1, 2000, and recorded July 30, 2001, under reception #2869949.
USR-1285 is located on a 350 -acre parcel located just south of the subject site and was annexed into the
Town of Keenesburg under Rattler Ridge Annexation recorded on December 16, 2021, reception
#4785737. On August 24, 2016, USR14-0080 was approved by the BOCC for the Buffalo Ridge Landfill
Waste Management of Colorado Inc., another solid waste disposal facility that included a Class II Oilfield
Waste Disposal Facility, recorded April 24, 2024, reception #4956567. USR-1160 (identified as the 2nd
amendment to USR-386) is located on the subject property and on the parcel to the north. USR-1160 was
approved by for a surface coal mine in 1979 and in the 1990s amended to add the disposal of mine waste
rock and waste ash. USR-1160 was approved by the Board of County Commissioners (BOCC) on
November 4, 1997, and recorded on February 19, 1998, at reception #2594953.
History of USRs and CDs on the site:
On June 20, 1979, the BOCC approved USR-386, for the Coors-Keenesburg mine an open cut mining
permit for surface coal mining. The map for USR-386 was recorded July 2, 1980, reception #1829039. On
April 20, 1987, the BOCC approved an amendment to USR-386 to include waste ash disposal in the mined
area. AmUSR-386 was recorded on June 4, 1987, reception #2102244. A CD is required for waste ash
disposal and on April 15, 1987, a CD was approved by the BOCC.
USR-386 was amended (unofficially) due to the approval of USR-966, for a sanitary landfill, that overlapped
the some of the parcels that were encumbered by USR-386. On October 14, 1992, the BOCC approved
USR-966, on the property to the west. This USR-966 map was recorded May 12, 1995, reception #2388294.
USR-966 was approved for a sanitary landfill (a solid waste disposal site) to be operated by Waste Services
Company on the properties to the west of the Coors coal mine, however, the approved area for the landfill
USR24-0027 — Coors Energy LLC
Page 2 of 12
overlapped the land approved for the Coors coal mine and waste ash disposal site. Prior to Waste Services
Company commencing operation Coors was required to amend AMUSR-386 to exclude the area permitted
for the landfill from the mine and waste ash disposal site. The properties that were vacated by Coors (parts
of Section 25, 26, and 36 in T3N, R64W) are now part of the landfill, and according to the historic documents
on these two USRs, the land that is used for the landfill has not been used for coal mining or waste ash
disposal.
On November 4, 1997, the BOCC approved USR-1160 (identified as the 2nd amendment to USR-386).
USR-1160 allowed the disposal of mine waste rock in addition to the surface coal mine and waste ash
disposal. USR-1160 was recorded on February 19, 1998, at reception #2594953. In conjunction with USR-
1160 the BOCC approved a CD that included all the uses outlined in the USR-1160 Board Resolution. This
CD was approved on January 7, 1998. USR-1160 was partially vacated on December 17, 2023, no changes
were made to the CD in 2023.
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."
The Keenesburg Solar Project (aka Banquet Solar) is a 7.2 MWAC Solar Energy Facility (SEF)
on a two hundred (200) -acre parcel owned by Coors Energy Co. The SEF will encompass
about forty-two (42) acres. 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 uses include solid waste disposal facilities, a landfill, a surface coal mine,
waste ash and waste rock disposal facilities, an oil and gas facility, and a substation. There are
no residences within two (2) miles of the site. A seven (7) foot game fence will be installed
around the site. The SEF is an unmanned energy development facility and is consistent with
the existing surrounding land uses.
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
USR24-0027 — Coors Energy LLC
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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 (SEF),
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 forty-two (42) -acres and
qualifies as a SEF USR.
There will be three (3) 40 -foot conex (cargo) containers on site for the entire operation of the
SEF to store spare parts, tools, and electrical equipment. Per Code Section 23-3-30.B. two (2)
cargo containers are allowed on a Lot less than eighty (80) acres and five (5) cargo containers
are allowed on a Lot of eighty (80) -acres or more. This site is greater than 80 acres.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the surrounding land uses include a
solid waste disposal facility, a landfill, an open pit coal mine and waste disposal, and an oil and
gas facility, and a substation. There are no residences within two (2) miles of the site.
There are ten (10) USRs within one (1) mile of the site. USR-1166 for a twenty-two (22) -inch
pipeline, SUP -439 for an electrical substation and 115 kV transmission line, 2MUSR19-17-
0034 for a high pressure natural gas pipe line greater than 12 -inches, Amended AMUSR-987
for a mineral resource development facility, USR20-0020 for a mining and mineral processing,
USR-959 for a natural gas compressor station, USR-1160 for an open pit coal mine and waste
disposal site, 2MUSR21-92-966 for a solid waste disposal facility, USR14-0080 for a solid
waste disposal site, and USR-1285 for an organic recycling facility (Rattler Ridge Organic
Recycling Facility).
On June 20, 1979, the BOCC approved USR-386, for the Coors-Keenesburg mine an open cut
mining permit for surface coal mining. The map for USR-386 was recorded July 2, 1980,
reception #1829039. On April 20, 1987, the BOCC approved an amendment to USR-386 to
include waste ash disposal in the mined area. AnnUSR-386 was recorded on June 4, 1987,
reception #2102244. A Certificate of Designation (CD) is required for waste ash disposal and
on April 15, 1987, a CD was approved by the BOCC.
USR-386 was amended (unofficially) due to the approval of USR-966, for a sanitary landfill,
that overlapped the some of the parcels that were encumbered by USR-386. On October 14,
1992, the BOCC approved USR-966, on the property to the west. This USR-966 map was
recorded May 12, 1995, reception #2388294. USR-966 was approved for a sanitary landfill (a
solid waste disposal site) to be operated by Waste Services Company on the properties to the
west of the Coors coal mine, however, the approved area for the landfill overlapped the land
approved for the Coors coal mine and waste ash disposal site. Prior to Waste Services
Company commencing operation Coors was required to amend AMUSR-386 to exclude the
area permitted for the landfill from the mine and waste ash disposal site. The properties that
were vacated by Coors (parts of Section 25, 26, and 36 in T3N, R64W) are now part of the
landfill, and according to the historic documents on these two USRs, the land that is used for
the landfill has not been used for coal mining or waste ash disposal.
On November 4, 1997, the BOCC approved USR-1160 (identified as the 2nd amendment to
USR-386). USR-1160 allowed the disposal of mine waste rock in addition to the surface coal
mine and waste ash disposal. USR-1160 was recorded on February 19, 1998. In conjunction
with USR-1160 the BOCC approved a CD that included all the uses outlined in the USR-1160
USR24-0027 — Coors Energy LLC
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Board Resolution. This CD was approved on January 7, 1998. USR-1160 was partially vacated
on December 17, 2023, no changes were made to the CD in 2023.
The 1998 CD and USR-1160 both encumber the subject site. USR-1160 is required to be
partially vacated, and a new CD is required for the property to the north where the surface coal
mine, the waste ash, and the mine waste rock disposal. No CD is required on the subject
property.
USR-1285 was approved by the Board of County Commissioners (BOCC) on November 1,
2000, and recorded July 30, 2001, under reception #2869949. USR-1285 is located on a 350 -
acre parcel located just south of the subject site and was annexed into the Town of Keenesburg
under Rattler Ridge Annexation recorded on December 16, 2021, reception #4785737. On
August 24, 2016, USR14-0080 was approved by the BOCC for the Buffalo Ridge Landfill Waste
Management of Colorado Inc., another solid waste disposal facility that included a Class II
Oilfield Waste Disposal Facility, recorded April 24, 2024, reception #4956567.
USR14-0080 is located between the Waste Services Company landfill (USR-966) and the
Coors Coal mine and waste ash disposal facility (USR-1160).
Weld County Department of Planning Services staff sent notice to five (5) surrounding property
owners within five hundred (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 Solar Energy Facility (SEF) 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 three (3) mile referral area of the Town of Keenesburg and also
within the Town's Coordinated Planning Agreement Area (CPA). As part of the pre -application
process the municipality was sent a Notice of Inquiry (NOI) form. The Town of Keenesburg
submitted a Notice of Inquiry (NOI) form dated December 3, 2024 that stated that the Town
would like to pursue annexation of this property. The Town also sent an email dated December
9, 2024 that states:
"Coors Energy CO reached out to us to get a Notice of Inquiry form signed for their
solar energy project. On this form, which we signed and returned, we expressed
interest in entering into a pre -annexation agreement with the applicant, so that there is
no push back if and when the town would like to annex. Today [12/9/24], we met with
the applicants, and we agreed to work through this pre -annexation agreement following
the issuance of the USR permit that they are requesting through the county. They
asked that I reach out to let you know of our discussion, in case there is any hold up
with the permit due to the indication that The Town of Keenesburg wanted to annex."
On February 25, 2025 the Town of Keenesburg submitted referral agency comments that
stated:
"The Town of Keenesburg received an NOI in November 2024 and met with the
applicants for this project on 12/9/24 to discuss possible interest in a pre -annexation
agreement. After reviewing this request, the Town of Keenesburg is no longer
interested in pursuing a pre -annexation agreement and finds no conflicts with our
interests."
Per the October 2019 Keenesburg Land Use Plan future land use map the site is located within
the Industrial land use designation.
USR24-0027 — Coors Energy LLC
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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, I-25 Overlay District, Geologic Hazard Overlay District, MS4
- Municipal Separate Storm Sewer System area, or 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 site consists of about one hundred forty-seven (147) acres of soils designated as
"Farmland of Statewide Importance" Osgood sand low slopes (0-3`)/0), ten (10) acres of soils
designated as "Farmland of Local Importance" Valent sand low slopes (0-3`)/0), and thirty-seven
(37) acres of soils designated as "Not Prime Farmland" Valent sand moderate slopes (3-9`)/0)
per the USDA Natural Resources Conservation Service (NRCS) Custom Soil Report. The
facility is about forty (40) -acres in size and is primarily on Osgood sand which is "Farmland of
Statewide Importance." The proposed use is temporary, and soils will not be unduly removed
from the property. After the lease period, the land will be able to be returned to historic uses.
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:
A. The applicant shall submit and receive approval for a new Certificate of Designation.
(Department of Planning Services)
B. The applicant shall submit and receive approval for a partial vacation of USR-1160.
(Department of Planning Services)
C. The applicant shall submit the new deed showing that the boundary between Section 25 and
Section 36 has been adjusted to place USR-1160 for the coal mine and waste disposal site on
a separate parcel from the Solar Energy Facility. (Department of Planning Services)
D. The applicant shall acknowledge the comments from the Division of Water Resources, as
stated in their referral dated March 4, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
USR24-0027 — Coors Energy LLC
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E. If water is utilized for dust abatement or during the operation of the SEF, the applicant shall
provide a legal source of water for these uses. Per the referral comments from the Division of
Water Resources, dated March 4, 2025 well permit no. 75493 may not be used for dust control
or other water demands associated with the Solar Energy Facility. (Department of Planning
Services)
F. The applicant shall acknowledge the comments from the Colorado Parks and Wildlife, dated
February 12, 2025. Written evidence of such shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
G. The applicant shall acknowledge the comments from the Public Service Company of Colorado
(Xcel), dated February 18, 2025. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0027. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable. Clearly indicate which equipment and structures are
temporary for use during construction and which items are permanent. (Department of
Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7) Show and label the location of the temporary trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County
Code for design criteria. (Department of Planning Services)
8) Show and label any on -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code for design criteria. (Department of Planning Services)
9) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
11) County Road 61 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way from the parcel to and including the
connection to CR 59. Reference the documents creating the right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is not maintained by Weld County.
Any unmaintained road needs to be located/identified in relationship to the right-of-way.
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Show and label the section line Right -of -Way as "CR 61 Section Line Right-of-way, not
County maintained" (Development Review)
12) This portion of County Road 59 is under the jurisdiction of the Town of Keenesburg. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show
the approved access on the site plan and label with the approved access permit number if
applicable. (Development Review)
13) Show and label the drainage flow arrows. (Development Review)
14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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 USR map along with all other
documentation required as Conditions of Approval. The USR 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 USR 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
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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required. (Development Review)
C. The applicant shall submit the Interconnection Agreement. (Department of Planning Services)
USR24-0027 — Coors Energy LLC
Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Coors Energy Company
USR24-0027
1. A Use by Special Review Permit, USR24-0027, 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. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time. (Department of
Planning Services)
10. 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)
11. 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)
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12. 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)
13. 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)
14. 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)
15. 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)
16. 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)
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department
of Planning Services)
19. 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)
20. The property owner shall maintain compliance with the Decommissioning Plan. (Department of
Planning Services)
21. 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)
22. 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)
23. Any work that may occupy and or encroach upon any County rights -of -way or easement, to include
traffic use, shall acquire an approved Right -of -Way Use Permit prior to commencement.
(Development Review)
24. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
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26. 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)
27. 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)
28. 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)
29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
30. 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)
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, 2023 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
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.
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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.
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DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
April 7, 2025
Navya Gundeti
225 W Hubbard St, Suite 200
Chicago, IL 60654
Subject: USR24-0027 - A 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:
Part of the N2 of Section 36, T3N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 6, 2025 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 21, 2025 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/
Respectfully,
VA/V-Q9-fttliKfa,
Diana Aungst
Planner
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