HomeMy WebLinkAbout20250190.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:
1 MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC
Maxwell Nader
A Site Specific Development Plan and Major Amendment to Use by Special
Review Permit No. USR20-0011 for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
W1/2 NW1/4 of Section 10, Township 3 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
South 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 in compliance with the application requirements of Section 23-
2-260 and Section 23-4-1030.B of the Weld County Code.
2. It is the opinion of 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 and any other applicable
code provisions or ordinance in effect.
Section 22-2-10. C. states: "Promoting Economic Growth and Stability. Land use policies have a
significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy 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. states: "Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are no residences that are less than five hundred (500) feet from the
facility, therefore screening is not required. The applicant is proposing an eight (8) foot tall game
fence surrounding the property.
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."
This code section supports the installation of the subject Solar Energy Facility, which is an energy
development. The facility will provide power to be utilized by residences, businesses and farming
operations in Weld County.
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starkly Solar, LLC
Page 2
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160) acres
in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B "
This code section allows the applicant to apply for the subject Solar Energy Facility, being located
in the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-1-90 of the Weld
County Code, a "Solar Energy Facility means a commercial facility whose primary purpose is to
supply electricity and consists of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage, electrical infrastructure, generators,
transmission lines, communications infrastructure, and other appurtenant structures and/or
facilities" The SEF will encumber approximately twenty-nine (29) acres of an approximately
seventy-six (76) acre parent parcel
The proposal meets the intent of A (Agricultural) Zone District as the facility will produce energy and
will not interfere with adjacent agricultural operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The properties adjacent to the parent parcel are zoned A (Agricultural) and the land uses include
production agriculture, oil and gas production site and rural residences Weld County Department
of Planning Services staff sent notice to ten (10) surrounding property owners who own the adjacent
properties within 500 feet of the proposed USR boundary and there are no residences within 500 -
feet of the solar facility No written correspondence or telephone calls were received
There are eleven (11) USRs within one (1) mile of the site USR19-0045 for a vehicle repair
business is located to the east There are no USRs within a mile of the site located to the North
USR-1748 for a kennel, 1 MJUSRI7-15-0019 for a kennel and solar energy facility and USR-1756
for a kennel are located to the west USR-1236 for a 230/345kV Transmission Line, USR18-0094
for a 24 -inch and 16 -inch HP gas line, USR18-0004, USR15-0076, USR20-0012, USR18-0041 all
for Solar Energy Facilities and USR-1363 for a Morning Fresh Farms are located to the south
Based on the referral agency responses and the location of the site the SEF the proposed use is
in an area that can support this development The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding and uses and the region
D Section 23-2-220 A 4 -- The uses which will 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 the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The solar energy facility is proposed to be less than one hundred sixty (160) acres in the near -
urban area, so it does not require a 1041 review
The site is located within the three (3) mile referral area and the Coordinated Planning Agreement
Areas for the Town of Gilcrest and the Town of Platteville The Town of Platteville returned the
Notice of Inquiry form dated May 15, 2023 stating they would not pursue annexation The Town of
Gilcrest did not return the Notice of Inquiry form
The Town of Platteville in a referral response dated March 12, 2024 indicated no conflict with their
interests The Town of Gilcrest did not return a referral response This property is not located
within the future land use map designations for the Town of Gilcrest or the Town of Platteville
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Airport Overlay District, the 1-25 Overlay District, Special Flood Hazard
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starldy Solar, LLC
Page 3
Area, the Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District
Building Permits issued on the property 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 soil in the location of the proposed solar facility is predominantly Olney loamy sand and is
considered "Farmland of Statewide Importance" and Valent sand considered "Not Prime Farmland"
according to the Natural Resources Conservation Services Soil Resource Report dated December
13, 2023, submitted with the application The property is not irrigated No Prime Farmland will be
removed from production The application materials state that the property does not have any water
rights
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, during 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 advisory comments of Colorado Parks and Wildlife, as stated
in the referral response dated March 14, 2024 Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services (Colorado Parks and Wildlife)
C The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated March 13, 2024 Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services (Weld County Oil and Gas Energy
Department)
D The applicant shall acknowledge the advisory comments of Public Service of Colorado as stated
in their referral dated April 8, 2024 Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services (Department of Planning Services)
E The applicant shall submit to the Department of Planning Services any screening waivers from
residents within five hundred (500) feet If waivers are not obtained opaque screening is required
per the accepted Department of Planning Services Landscape and Screening plan (Department
RESOLUTION 1 MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starkly Solar, LLC
Page 4
of Planning Services)
F The map shall be amended to delineate the following
All sheets of the map shall be labeled 1MJUSR24-20-0011 (Department of Planning
Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D 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 Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-
30 B of the Weld County Code), storage areas and miscellaneous improvements, as
applicable Clearly indicate which items are temporary for use during construction and which
items are permanent (Department of Planning Services)
6 Required fencing, gates and any emergency and site identification signage, in accordance
with Section 23-2-240 A 12 and Section 23-4-1030 C6 of the Weld County Code
(Department of Planning Services)
7 '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)
8 Trash collection areas, if applicable Section 23-2-240 A 13 of -the Weld County
Code addresses the issue of trash collection areas (Department of Planning Services)
9 Planned oil and gas surface development areas, corridors, access roadways, etc as part
of any executed Surface Use Agreement, if applicable (Department of Planning Services)
10 Screening plan for residences within five hundred (500) feet, unless a waiver from the
resident(s) has been supplied to the Department of Planning Services (Department of
Planning Services)
11 County Road 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 County Road 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)
13 Show and label all permitted access points onto CR 36 and CR 31 Show and label the
project access location onto CR 31, approved access width and the appropriate turning
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, c/o SunShare Solar, LLC, dba Star ly Solar, LLC
Page 5
radii on the site plan The applicant must obtain an access permit in the approved locations
prior to construction (Development Review)
14 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed In no event, shall the distance from the gate
to the edge of the traveled surface be less than 35 feet (Development Review)
15 Show and label the drainage flow arrows (Development Review)
16 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
17 Show and label all recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number (Department of Planning Services)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning Services)
4 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 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction (Development Review)
C The applicant shall submit an ALTA survey that identifies all subsurface utilities (Department of
Planning Services)
5 The Use by Special Review Permit 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 plat 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)
Motion seconded by Michael Biwer
RESOLUTION 1 MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC
Page 6
VOTE
For Passage Against Passage
Pamela Edens
Michael Wailes
Michael Pal¢zi
Virginia Guderjahn
Michael Biwer
Cindy Beemer
Absent
Butch White
Barney Hammond
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, Michelle Wall, 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 January 7, 2025
Dated the 7'h day of January 2025
Michelle Wall
Secretary
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, Go SunShare Solar, LLC, dba Starkly Solar, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SunShare LLC c/o Starldy Solar LLC
1 MJUSR24-20-0011
Site Specific Development Plan and Amended Use by Special Review Permit fora second Solar Energy
Facility (SEF) on the same parcel of land 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 budding permits
(Department of Planning Services)
5 The facility is unmanned and will operate year-round 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 natural grade below each solar panel to the highest extent of the solar panel
rotation (Department of Planning Services)
7 Glare The SEF shall be 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 (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) (Department of Planning Services)
11 Fencing The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan
as presented in the application materials Appropriate signage shall be placed upon such fencing that
warns the public of the high voltage therein (Department of Planning Services)
12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground-
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC
Page 8
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) (Department of Planning Services)
13 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning Services, pursuant to the provisions of
Article XIV, Chapter 8, Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of
Planning Services)
14 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of the
Weld County Code, as amended (Department of Planning Services)
15 Decommissioning The site shall adhere to the accepted Decommissioning and Reclamation Plan
Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of
financial security, to pay for decommissioning in the event that the holder has not commenced
decommissioning and reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning and reclamation (Department of
Planning Services)
16 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
17 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)
18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
19 Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that
become diseased infested or otherwise unhealthy shall be replaced within the growing season or
next calendar year whichever occurs sooner (Department of Planning Services)
20 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)
21 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)
22 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)
23 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)
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC
Page 9
24 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
25 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)
26 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)
27 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)
28 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
29 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
30 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
31 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
32 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
33 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
34 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
35 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
36 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
37 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
RESOLUTION 1MJUSR24-20-0011
Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC
Page 10
38 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
Summary of the Weld County Planning Commission Meeting
Tuesday, January 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Michael Biwer, Cindy
Beemer.
Absent/Excused: Butch White, Barney Hammond, Jay Pier.
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Lauren Light,
Department of Health, Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the December 3, 2024, Weld County Planning Commission minutes, Moved by Cindy
Beemer, Seconded by Virginia Guderjahn. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
1 MJUSR24-20-0011
Scott Peterson, c/o SunShare Solar, LLC, dba Starlily Solar, LLC
Maxwell Nader
A Site Specific Development Plan and Major Amendment to Use by
Special Review Permit No. USR20-0011 for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
W1/2 NW1/4 of Section 10, Township 3 North, Range 66 West of the 6th
P.M., Weld County, Colorado.
South of and adjacent to County Road 36; east of and adjacent to County
Road 31.
Maxwell Nader, Planning Services, presented Case 1 MJUSR24-20-0011, reading the recommendation and
comments into the record.
The proposed Solar Energy Facility (SEF) will encumber approximately 29 acres.
There is a previously permitted SEF approximately 10 acres in size that is operational under USR20-0011.
The proposed SEF will be built separately from USR20-0011.
The Planning Commission previously heard this proposal on September 3, 2024, and recommended
approval to the Board of County Commissioners (BOCC). The applicant requested changes that were
considered significant so the BOCC recommended the applicant go back to Staff and begin the referral and
hearing process again.
Planning Staff sent notice to 10 surrounding property owners who own the adjacent properties within 500
feet of the proposed USR boundary and there are no residences within 500 feet of the solar facility. No
written notice or telephone calls were received.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards. 10 surrounding property owners none returned.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Knsty Weyerman, 1877 Seadrift Drive, Windsor, Colorado Ms Weyerman stated that she presented this
proposal in September but due to shifting the site and switching the access she is back to present the case
again Instead of the access coming off of County Road 36, it has been changed to County Road 31
through existing access that they will share
Commissioner Palizzi asked what the main reason was for changing the access Ms Weyerman said it
Kerr-McGee/Oxy reclaimed the access road on County Road 36 so the landowner said he would rather
them use the access to the south The owner also requested to fill in the southeast portion
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 1 MJUSR24-20-0011 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 Michael Biwer
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Cindy Beemer, Michael Biwer, Virginia Guderjahn, Pamela Edens, Michael Palizzi, Michael Wailes
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 52 p m
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John
Doe
123
Nowhere
Street,
City, State, Zip
,
Er:Ucr
e
73 s
tir,, is &g.
3-11 i, u
u
55tanA 4i 0 -- Letl
PU(ker
tiL_'tc'
�� Lite,S11(0 �'D���
� t
1FChPr msdie,co
et;
el-
_ k .2
__i cy ht. Uj Q
rti tt a1 iA c
a.ae
taA k li
(Sev•uten CO
ItotS. tei. dig.;
KAI* C4
4 16
b CeVeSji;tg
6,4 CO
MARK CJ/NScii
wok'
&a alr
C
AnAirt4Lsopiocylo 62..4
rW7
i
Hello