HomeMy WebLinkAbout20251817.tiffMEMORANDUM
TO: Molly Wright, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: April 2, 2025
SUBJECT: USR25-0004 SEF
The proposal has been reviewed by Development Review on behalf of the Weld County Department of
Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the
application process may not be all-inclusive, as other issues may arise during the remaining application
process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
This project is north of and adjacent to County Road 72 and is east of County Road 29.
Parcel number: 080504400009.
ACCESS
Development Review has reviewed the application materials related to access. The applicant is proposing
to create one (1) new access on County Road 72 located approximately 635 feet west of County Road 31.
We strongly encourage the applicant to discuss the proposed access location with Development Review
prior to laying out the site to ensure the approved access location meets the minimum access spacing
requirements listed in Table 1, of Weld County Code, Section 8-14-30, provided below.
Table 8-2
Minimum Intersection & Access Spacing Criteria (feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signaiized
Unsignalized
2,640
1,320
N/A
1,320
N/A
330
Distance between access points and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in Subdivisions
N/A
N/A
75
The proposed access shall be constructed to comply with the geometric specifications listed in Table 8-3,
below.
Table 8-3 Access Geometry
Type of Land Use
Maximum Access Width at ROW
Access Radii
Single-family residential
24 feet wide
25 feet minimum
Commercial/Industrial/Agricultural
40 feet wide
65 feet minimum
Per Section 8-14-30, of the Weld County Code, an Access Permit is required for access to Weld County
maintained roadways. Refer to Section 8.5, of the Weld County Engineering and Construction Criteria
manual, for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 72 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. Pursuant to the definition of
setback in the Weld County Code, Section 23-1- 90, the required setback is measured from the right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at:
https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest Average Daily Traffic on County Road 72 counted 185 vehicles per day with 58% trucks. The 85th
percentile speed is 44 miles per hour.
Per the applicant's traffic information, the following traffic is expected to occur during construction:
• Material and Equipment Delivery (approximately 4 weeks):
o Maximum: 24 vehicle trips per day
o Average: 16 vehicle trips per day
o Vehicle types: Conex container trucks, delivery trucks, and equipment hauling trucks
o Estimated gross vehicle weight: 20,000 to 50,000 lbs.
• Solar Facility Installation (4-6 months):
o Maximum: 28 vehicle trips per day
o Average: 20 vehicle trips per day
o Vehicle types: Passenger vehicles, fuel trucks, and material delivery trucks
o Estimated gross vehicle weight: 2,000 to 30,000 lbs.
The travel route during construction will likely be State Highway 392 to County Road 29; then north on
County Road 29 to County Road 72; then east on County Road 72 to the project access.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads, tracking control devices must be either double cattle guards with 100 feet of road base, or road base
on all driving surfaces.
ROAD MAINTENANCE AGREEMENT FOR CONSTRUCTION
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/I mprovements-Agreements
DRAINAGE REQUIREMENTS
This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require
detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and
release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the
undeveloped site having a 2% impervious value.
The project site is located on soils comprised of Hydrologic Soil Groups A and B. Per Section 23-4-
1030.B.1., this project qualifies for an exemption to stormwater detention.
No additional drainage measures are required.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and runoff amounts that exist on the
property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit
applications are accepted after the planning process is complete (map recorded). An Early Release
Request Form may be entertained only after the applicant and the Planning Department have reviewed the
referral and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact Development Review
for more information.
COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT
A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land.
Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-
3575.
CONDITIONS OF APPROVAL
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. (Development
Review)
B. The USR map shall be amended to delineate the following:
1. County Road 72 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 document)
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)
2. Show and label the approved tracking control. (Development Review)
3. 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)
4. Show and label the drainage flow arrows. (Development Review)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. The approved access and tracking control shall be constructed. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
C. Overweight and/or oversized special transport permits from the Department of Public Works shall be
acquired for all applicable trucks. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
1. 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)
2. 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)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement for Construction. (Development Review)
6. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst, Planning Services
From: Lauren Light, Environmental Health Services
Date: March 25, 2025
Re: USR25-0004 Applicant: 35321 Estate, LLC, c/o RDC CO Weld County
RS 72 II, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust mitigation plan was submitted which indicates water will be used as
necessary and the site will be revegetated. A noise narrative was submitted which states
"Overall, noise pollution levels should be within the Weld County ordinance limits during
operations". A noise level of 55 dB(A) during daylight hours and 50dB(A) during nighttime
hours shall be complied with.
We recommend the following requirements are incorporated into the permit as development
standards:
1. 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.
2. 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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
3. 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.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
5. 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.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
PROJECT:
MEMORANDUM
TO: Molly Nelson DATE: April 29, 2025
FROM: Diana Aungst, CFM
SUBJECT: USR25-0004, 35321 Estate LLC
A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
PARCEL: 080504400009
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
PRIOR TO CONSTRUCTION:
1. The applicant shall submit and receive approval for a Floodplain Development Permit. (Department of
Planning Services - Floodplain)
PLAT NOTES:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 08123C -1225E dated January 20, 2016 (Coalbank Creek Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado,
and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate, including
by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
3. The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
Submit by Email
Weld County Referral
March 5, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: 35321 Estate, LLC, c/o RDC CO Case Number: USR25-0004
Weld County RS 72 II, LLC
Please Reply By: April 2, 2025 Planner: Diana Aungst
Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Parcel Number: 080504400009-R8966330 Legal: LOT B REC EXEMPT 1AMRECX18-12-0095; PART
OF THE S2SE4 OF SECTION 4, T6N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 72; approximately 450 feet west of CR 31.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
T
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature �Q�LS Date 3/7/2025
Agency Oil & Gas Energy Dept.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Planning Dept.
Reference Number: USR25-0006
Associated Parcel: 080504400009
OGED Reviewer: Tyler Seno
Review Date: 3/7/2025
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active 1041 WOGLA Permit on the associated parcels. There are several oil and
gas well sites in the area surrounding the parcel.
2. The parcel includes 0 active oil and gas wells.
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 1 below.
Additional information regarding the plugged and abandoned well is available from the
Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant
review this information and contact the responsible operator regarding well infrastructure
that may have been abandoned in place prior to conducting operations in proximity to the
well.
API
Operator
Well Title
Well Status
05-123-12472
PDC Energy Inc
Beitman #4-1
PA
4. The subject lands may include additional oil and gas related infrastructure, such as off -
location flowlines or pipelines which are a use by right and not regulated by Weld County.
OGED requests that the applicant reviews flowline data available from the ECMC map viewer
and utilize Colorado 811 prior to any excavation activities.
5. Condition to Locate Subsurface Utilities. Mr. Cavanagh, the Director of the Oil and Gas Energy
Department indicates that, for safety concerns, all the subsurface utilities, including but not
limited to, all oil and gas pipelines, flowlines etc. should be located. The Condition asks for an
ALTA survey map to be provided to Weld County prior to construction, for review and
approval before construction proceeds.
These comments and recommendations are based upon the review of the application materials submitted
by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
March 5, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: 35321 Estate, LLC, c/o RDC CO Case Number: USR25-OOO4
Weld County RS 72 II, LLC
Please Reply By: April 2, 2025 Planner: Diana Aungst
Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Parcel Number: 080504400009-R8966330 Legal: LOT B REC EXEMPT 1AMRECXI8-12-0095; PART
OF THE S25E4 OF SECTION 4, T6N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 72; approximately 450 feet west of CR 31.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
P�
Agency West cireeiey Conservation District
Date March 10, 2025
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
Map
S mbol
8 Ascalon
19 Colombo
Below is a list of the soils and their limitations according to the USDA Weld County Soil Survey.
Dwe wigs Dwellings with Small Septic Tank Prime Farm
Soil Name
24 Ft. Collins
32 Kim
33 Kim
34 Kim
Soil Texture
Loam
Clay Loam
Loam
Loam
Shallow
Excavations
Slight
without
Severe
Slight
Slight
basements Commercial Absor►tion Land ( if
Severe
Slight
Severe
Loam
Loam
Slight
Slight
L
f
Slight
Slight
Slight
Yes
Yes
Yes
Yes
No
No
Additional Comments
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete sails description consult the Weld County Soil Survey or
contact our office at (970} 356-8097. If you or the applicant have any questions plea_ se feel free to call our office.
i fJ dig• •� . iJ//y_
WEST GREELEY
CONSERVATION
DISTRICT
1
t�„ Y
r
r _
tit's:, 1 4
•
it a
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
March 5, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: 35321 Estate, LLC, c/o RDC CO Case Number: USR25-0004
Weld County RS 72 II, LLC
Please Reply By: April 2, 2025 Planner: Diana Aungst
Project: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Parcel Number: 080504400009-R8966330 Legal: LOT B REC EXEMPT 1AMRECX18-12-0095; PART
OF THE S2SE4 OF SECTION 4, T6N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 72; approximately 450 feet west of CR 31.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
T
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached comments added to the Trafic Narrative.
Julie Esterl 4/23/2025
Signature Date202s.o423,,2s, oboo e� e a m,== Date
Agency Town of Eaton
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
�: Reactivate
An ]nwnergy Company
Traffic Narrative
RDC CO Weld County RS 7211
1. Describe how many roundtrips/day are expected for each vehicle type: Passenger
Cars/Pickups, Tandem
The construction phase of the Reactivate Dev Co Solar Project is expected to generate the
following vehicle trips:
• Material and Equipment Delivery (approximately 4 weeks):
- Maximum: 24 vehicle trips per day
- Average: 16 vehicle trips per day
- Vehicle types: Cone;, container trucks, delivery trucks, and equipment hauling
trucks
- Estimated gross vehicle weight: 20,000 to 50,000 lbs
• Solar Facility Installation (4-6 months):
- Maximum: 28 vehicle trips per day
- Average: 20 vehicle trips per day
- Vehicle types: Passenger vehicles, fuel trucks, and material delivery trucks
- Estimated gross vehicle weight: 2,000 to 30,000 lbs
•
Heavy vehicles or
heavy Volume?
uck traffic will occur between 8:00 AM and 4:30 PM.
- Heavy vehicles will primarily be present during the material and equipment
delivery phases.
• Peak Hour Impacts:
-Project-related traffic is not expected to significantly impact AM and PM peak
traffic periods.
2. Describe the expected travel routes or haul routes for site traffic.
All construction traffic will travel along Weld County Rd 72 and will be entering the site at
the provided construction entrance proposed on the southeast corner of the site.
+• Reactivate What are they
4 { ,•{ }
AnlnvcnergyCompany
defining as Peak
Hour. Says heavy
traffic between
8a -430p. I believe
3. Describe the travel distribution along the routes peak is typically
• Traffic Volume: The construction phase will temporarily increase local traffic, I-6pn wined as 7-9a and
maximum of 28 vehicle trips per day during the solar facility installation period.
• Road Conditions: Based on the anticipated vehicle types and weights, the project is not
expected to cause significant degradation or damage to local roads.
• Traffic Flow: The construction of the project should not negatively impact the overall
transportation pattern in the area.
• Road Improvements: No improvements to local or state roads are anticipated to be
required to accommodate the construction traffic.
Peak Hour Traffic: Construction -related traffic is not expected to significantly impact AM
and PM peak traffic periods.
• Mitigation Measures:
Reactivate commits to implementing the following measures to minimize transportation
impacts during construction:
heavy truck or heavy
volume?
- -.
• Using desi routes to minimize impact on local traffic.
• Implementing a traffic management plan if required by local authorities.
• Conducting regular inspections of affected roadways and repairing any damage attributed
to project construction vehicles.
• Providing advance notice to local residents about periods of increased construction traffic.
•- •
4. Describe the time of day that you expect the highest traffic volum
• 8:00 am thru 4:30 pm
Reference - Ordinance Requirements:
s
Pretty vague on how they will implement
and it will be enforced -
What is designated routes?
How will you determine damage by
construction?
Will this be available for review/comment
when the plan is in place?
�: Reactivate
An ]nwnergy Company
Traffic Narrative:
1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Gars/Pickups, Tandem
Trucks, Semi-Truck/Trailer/RV (Roundtrip = One (1) trip in and One (1 ) trip out of site).
2. Describe the expected travel routes or haul routes for site traffic.
3. Describe the travel distribution along the routes (e.g, 50% of traffic will come from the north, 20% from the
south, 30% from the east, etc.).
4. Describe the time of day that you expect the highest traffic volumes.
Public Works will review the Traffic Narrative and advise the applicant if more information or an engineered traffic
impact study is required.
Hello