HomeMy WebLinkAbout20250075.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Cindy Beemer, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0024
Colorado State Land Board. do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Molly Wright
A Site Specific Development Plan and Use by Special Review for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Approximately one (1) mile south of County Road 46; approximately one (1) mile
east of County Road 57.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10. C 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 minimum noise, no odor, light
or flickering, vibration, vermin, dust, or other nuisances. There are no residences within five
hundred (500) feet of the disturbed area.
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 USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55; 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 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 seventy-three (73) 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.
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 no residences within 500 feet of the project.
There are two (2) USRs within one (1) mile of the site. USR24-00C6 for a SEF was approved by
the Board of County Commissioners on date June 19, 2024 and is located about one-half (1/2) mile
to the west of the site and a non -1041 major facility for a greater than 10 -inch crude oil pipeline
(USR12-0052) is located north of the site.
Weld County Department of Planning Services staff sent notice to two (2) surrounding property
owners within 500 feet of the proposed USR boundary. One (1) letter of opposition was received
with concerns regarding relying on this ground for cattle grazing, the land being located in the
middle of the individuals' ranch, this section being under construction for extensive oil and gas
permitting currently, the possibility of severe erosion, and how the applicant will obtain easements
for access to this property.
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
The site is not located within a Coordinated Planning Agreement Area (CPA) or 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, 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 proposed facility is located on approximately seventy-three (73) acres of the approximately
five hundred forty-three (543) acres of soils on the subject prcperty that are designated as "Not
Resolution USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
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Prime Farmland" Valent sand (3-9%) 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
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 (for 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 the Weld County Oil and Gas Energy
Department as stated in their referral response dated October 25, 2024 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Oil and Gas Energy
Department)
C The applicant shall acknowledge the referral comments of the Platte Valley Fire Protection District
as stated in their referral response dated September 26, 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 the Colorado Parks and Wildlife as
stated in their referral response dated September 18, 2024 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Department of Planning Services)
E The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR24-0024 (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)
Resolution USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 4
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) The eastern portion of CR 44 is an unmaintained section line right-of-way. The applicant shall
verify and delineate on the map the unmaintained right-of-way and 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. Show and label the section line Right -of -Way as "CR 44 Section
Line Right-of-way, not County maintained." (Development Review)
12) The western portion of CR 44 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the USR map the existing right-of-way (along with its
creating documents) and the physical location of the road. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Development Review)
13) Show and label the proposed access point on County Road 44, the usage type that applies
(e.g. Commercial). Development Review will review the access location as a part of the USR
map submittal. (Development Review)
14) Show and label 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)
Resolution USR24-0024
Colorado State Land Board, Go Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 5
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 The applicant shall submit an ALTA survey that identifies all subsurface utilities (Department
of Planning Services)
C A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land
(Development Review)
D Overweight and/or oversized special transport permits from the Department of Public Works
shall be acquired for all applicable trucks (Development Review)
E A Right-of-way Use Permit shall be acquired from the Department of Public Works before
installation and/or construction of any aboveground or buried features in or crossing Weld
County rights -of -way (Development Review)
Resolution USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
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Motion seconded by Michael Biwer.
VOTE:
For Passage
Pamela Edens
Michael Wailes
Virginia Guderjahn
Barney Hammond
Michael Biwer
Cindy Beemer
Against Passage
Absent
Butch White
Michael Palizzi
Abstain
Jay Pier
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 December 3, 2024.
Dated the 3rd of December. 2024
411)\-466-11 ia4nartuyL
Kristine Ranslem
Secretary
Resolution USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pivot Solar LLC
USR24-0024
A Site -Specific Development Plan and,Use by Special Review Permit, USR24-0024, is 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)
Resolution USR24-0024
Colorado State Land Board, do Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 8
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)
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 Courty 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)
Resolution USR24-0024
Colorado State Land Board, c/o Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 9
23 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)
24 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
25 The historical flow patterns and runoff amounts on the site will be maintained (Development
Review)
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, 2020 National Electrical Code, and Chapter29 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)
Resolution USR24-0024
Colorado State Land Board, c/o Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Page 10
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.
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoinc 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 Specia Review Permit is vacated.
Summary of the Weld County Planning Commission Meeting
Tuesday, December 3, 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
Michael Wailes, at 1:30 p.m.
Roll Call.
Present: Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy
Beemer, Jay Pier.
Absent: Butch White, Michael Palizzi.
Also Present: Diana Aungst, Maxwell Nader, and Molly Wright, Department of Planning Services, Lauren
Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0024
Colorado State Land Board, c/o Pivot Solar 45 LLC, and Pivot Solar 55, LLC
Molly Wright
A Site Specific Development Plan and Use by Special Review for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Section 24, Township 4 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Approximately one (1) mile south of County Road 46; approximately one (1) mile
east of County Road 57.
Molly Wright, Planning Services, presented Case USR24-0024, reading the recommendation and
comments into the record. Ms. Wright noted that there was a letter of objection that was received outlining
concerns of the individual relying on this ground for cattle grazing, the section being under construction for
extensive oil and gas permitting currently, the possibility of severe erosion, and how the applicant will obtain
an easement for access to this property. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Commissioner Biwer asked where the nearest residence is located. Ms. Wright showed them on a visual
slide that the nearest residence is further north of the site.
Commissioner Hammond asked if there is a home and buildings close to the access. Ms. Wright replied
that there is not.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Caitlin O'mara, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that this property is a dryland,
non -prime, vacant site. She added that there is no water or irrigation on site and no nearby neighbors. Ms.
O'mara said that the project will be for 10 megawatts and construction should last approximately four (4) to
six (6) months. Once vegetation is established it will be managed by a local Colorado grazing partner. Ms.
O'mara said that they did follow up with the neighbor who submitted the letter of opposition and discussed
their concerns.
Commissioner Hammond asked if cattle are being grazed on this property currently. Ms. O'mara stated
that she isn't aware and added that this parcel is primarily oil and gas. Mr. Hammond clarified that there
are cattle grazing on the site currently.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
Jarred Sater, 27556 CR 46, Kersey, Colorado, stated that he is the currently the leaseholder on that ground
and added that it will have an impact on their grazing and what they do with their cattle. He added it is a
very fragile landscape and said that it is extremely uneven, hilly and blows sand. Mr. Sater said it takes
years and years to establish vegetation with that kind of ground.
Mr. Sater expressed concern regarding the cross fencing and the access to the site and how that would be
mitigated and manage their cattle. He added that he has not been contacted by anyone about the
easement. He added that there is no water for the sheep so doesn't know how they will graze.
Commissioner Edens asked what type of lease he has and how long the lease is for. Mr. Sater said that
they have an agricultural lease until 2031.
Commissioner Hammond asked how long he has leased this ground. Mr. Sater said that they have leased
this land since 2005.
Commissioner Guderjahn asked how many cattle they have. Mr. Sater said that there are about 180 mother
cows and they rotate them on pastures over three (3) separate properties adjacent to this site.
Commissioner Wailes clarified if the lease is for the entire section. Mr. Sater replied yes. Mr. Wailes asked
if there is a tiered process the State Land Board has with having Mr. Sater's lease until 2031. Karin
McDougal, County Attorney, couldn't speak to how the State's leases work. Mr. Sater said that they have
not been contact by the State Land Board as to what is going on and how that would overlap his lease. He
added that they also pay taxes on that ground along with the cash rent.
Commissioner Hammond referred to the access and asked once those easements are improved does the
county take those over. Melissa King, Development Review said that there is right-of-way easement and
it is 30 feet. She added that there is 60 feet of petitioned right-of-way and it is maintained by the County.
She further added that to the east is 30 feet of Resolution right-of-way that traverses the entire northern
boundary of this parcel and the applicant has proposed to use that right-of-way. In that case it is a County
unmaintained road and added that the applicant will maintain that.
Ms. King said that they are requiring a Road Maintenance Agreement during construction. Commissioner
Hammond said you can use the right-of-ways and asked if the landowners on both sides still have to be
notified. Ms. King replied no as it is the County's right-of-way so someone can improve it and maintain it.
She added that the County doesn't get involved except to make sure that they stay within the 30 feet.
Ms. O'mara agreed that the site is hilly and added that there is no grading or clearing that will be required.
She added that they are focused on soil and land restoration. Although it is easier for solar projects to be
on flat ground but it can be built on hilly sites.
Ms. O'mara said that they have reached out to all community members specifically the Saters'. She added
that she has reached out to him several times and never had a reply from Ms. Sater.
Ms. O'mara said that they bring water into the site for the sheep. They have a bunch of sites in Colorado
and out of state where they have to bring water in. Ms. O'mara said that the project is on 73 acres but there
is a lot of area for the cattle to graze in and it is the State Land Board's right to choose to diversify this small
section of their parcel.
Ms. McDougal said that she found that the State Land Board does have a process for acreage adjustment
which basically layers a lease on top of an agricultural lease. She added that Mr. Sater should have been
contacted regarding that process so if he has not been he should reach out to the State Land Board.
Commissioner Hammond said that when you come in on County Road 44 there are homes and buildings
even though there is an easement. He added that it will be going through their yard and it will be a big
impact to them.
2
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, said that if the Sater family would
prefer that they access on County Road 61 they are happy to do that He added that they will be happy to
continue to talk with Mr Sater to mitigate these concerns
Mr Sundman said that their goal is not to remove agricultural integrity but use the surface use for ag
production He added that this will remain grazed with sheep
The Chair reminded the Planning Commissioners that the terms of the lease should be excluded from the
decision making process as they should review the code criteria Ms McDougal agreed and added that
they should follow the criteria in the code
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR24-0024 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 Cindy Beemer, Seconded by Michael Biwer
Vote Motion passed (summary Yes = 6, No = 0, Abstain = 1)
Yes• Barney Hammond, Cindy Beemer, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn
Abstain Jay Pier
Commissioner Pier said that he wished to recuse himself as he has a long term relationship with the
neighboring landowner
Meeting adjourned at 3 00 p m
Respectfully submitted,
41Yie6nvAi,atem.
Kristine Ranslem
Secretary
3
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