HomeMy WebLinkAbout20251812.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, 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:
USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Molly Wright
Use by Special Review Permit for a Solar Energy Facility (SEF), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot B Amended Recorded Exemption, 1AMRECX18-12-0095, being part of the
S1/2 SE1/4 /4 of Section 4, Township 6 North, Range 66 West of the 6th P M., Weld
County, Colorado.
North of and adjacent to County Road 72; approximately 450 feet west of County
Road 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C of the Weld County Code states: "Promoting Economic Growth and Stability.
Land use policies have a significant impact economic conditions in the County and should be
structured to encourage economic prosperity. To ensure the continued strength of Weld County's
economy, land use processes and decisions based on the [Comprehensive Plan] shall be
consistent and promote financially responsible growth."
This Solar Energy Facility will initially provide construction jobs and future energy production to
Weld County. These functions directly support economic prosperity. This Solar Energy Facility,
being a power -generating facility, will add variety, stability, and redundancy to the existing electrical
grid. Traditional energy resources are tied to commodity markets and can vary in demand and
output. This facility can complement and support the economy during times of fluctuating oil and
gas activity.
Section 22-2-30.C. - Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are no residences within five hundred (500) feet of the disturbed area.
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
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."
Resolution USR25-0004
35321 Estate, LLC, Go RDC CO Weld County RS 72 II, LLC
Page 2
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 twenty-six (26) 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 six (6) Use by Special Reviews (USRs) within one (1) mile of the site To the south of
the subject property there are two (2) USRs for a second single family dwelling (USR-1036 and
USR-681) and a USR for milk pasteurizer fabrication (USR-1790) To the east of the subject
property there is a USR for an Ag Service Establishment (USR14-0016AM2) To the north of the
subject property there is a USR for Forestry processing and sales (USR-709) and a Landscape /
Nursery (USR-675)
Weld County Department of Planning Services staff sent notice to seven (7) surrounding property
owners within 500 feet of the proposed USR boundary One (1) letter of opposition was received
outlining safety concerns, potential interference with a gas line on the subject property, the panels
interfering with the individuals' view to the west, and a negative impact on property value The
surrounding property letter was sent to the applicant on Apnl 21, 2025 This letter is exhibit one (1)
Another letter of opposition was received on May 22, 2025, with eight (8) property owner signatures
included These property owners had the following concerns decrease of property values, solar
panels not being recyclable, lack of effective and efficient power generation, removal of possible
productive farmland, the glare and heat produced from the panels, the environmental impact
(erosion, habitats, toxic chemicals, pollutants dunng construction, etc), the project will have
minimal to no impact on the fossil fuel issue, possible impact to aircraft operations, and possible
need of new transmission lines to transport the energy in the future would cause a number of
environmental impacts as a result of the project
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities
The site is located within the three (3) mile referral area and the Intergovernmental Agreements of
the Towns of Eaton and Severance The Town of Severance submitted a referral agency form with
no comments, dated March 12, 2025 A Notice of Inquiry (NOI) form was submitted with this
application dated September 24, 2024 from the Town of Severance, stating that the town would
not like to pursue annexation at this time The subject site is located in the Town of Severance's
future land use map and is designated as "Rural Residential Conservation /Agricultural"
The Town of Eaton submitted a referral agency response with additional questions regarding traffic,
dated Apnl 23, 2025 The Town of Eaton submitted a Notice of Inquiry (NOI) dated October 2, 2024,
stating that the town does not have interest to annexing the property but "solar facilities are not
supported or endorsed as an acceptable land use proposed in any process in the Eaton Urban
Growth Area " The subject property is also located within the Town of Eaton's Urban Growth Area,
but the use and/or zoning is not specified
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 3
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 distract or a special flood hazard area identified by
maps officially adopted by the county
The property is partially located within the Special Flood Hazard Area and the SEF will be
constructed in the floodplain The applicant will be required to submit for and receive a Floodplain
Development Permit pnor to construction The site is not located in any other overlay district officially
adopted by the County, including the A -P (Airport) Overlay Distract, I-25 Overlay Distract, Geologic
Hazard Overlay Distract, or MS4 - Municipal Separate Storm Sewer System 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 twenty-six (26) acres of the approximately forty-
four (44) acres The subject property's soils consist of sixty-nine (69) acres that are designated as
"Prame Farmland if Irragated" Kim loam (1-3%) slopes, and twenty-five (25) acres that are
designated as "Prame Farmland if Irragated" Ascalone loam (0-1%) slopes per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report The project will not remove any
"Prame Farmland" from production The proposed use is temporary, and sods 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 appropnate 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
Pnor 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 address the referral comments of the Weld County Oil and Gas Energy
Department as stated in their referral response dated March 7, 2025 Evidence of such shall
be submitted in wnting to the Weld County Department of Planning Services (Oil and Gas
Energy Department)
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 4
C The applicant shall address the questions outlined in the Town of Eaton's referral response
dated April 23, 2025 Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services (Department of Planning Services)
D The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR25-0004 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D and Section 23-4-1030 of the Weld
County Code (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the
Weld County Code (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electncal
equipment, power lines, structures, temporary work traders, 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 dunng 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 cntena (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 nghts-of-way on the map by book and page
number or reception number and recording date (Department of Planning Services)
11) 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)
12) Show and label the approved tracking control (Development Review)
13) 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)
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 5
14) Show and label drainage flow arrows (Development Review)
15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
16) 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
appropnate study (Department of Planning Services - Floodplain)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning
Services Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be
prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution The applicant shall be
responsible for paying the recording fee (Department of Planning Services)
3 In accordance With Appendix 5-J of the Weld County Code, should the map not be recorded within
the required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50 00 recording continuance charge shall be added for each additional three (3)
month period (Department of Planning Services)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
5 Pnor 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 approved access and tracking control shall be constructed (Development Review)
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 The applicant shall submit and receive approval for a Floodplain Development Permit
(Department of Planning Services - Floodplain)
Resolution USR25-0004
35321 Estate, LLC, do RDC CO Weld County RS 72 II, LLC
Page 6
Motion seconded by Michael Biwer
VOTE
For Passage
Michael Wailes
Virginia Gudegahn
Barney Hammond
Calven Goza
Hunter Rivera
Against Passage
Butch White
Michael Biwer
Absent
Michael Palizzi
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 June 3, 2025
Dated the 3r' of June, 2025
4Xi.-tF�'1 bE fJ1QI7AYL,
Knstine Ranslem
Secretary
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 7
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RDC CO Weld County RS 72 II LLC
USR25-00O
1 A Use by Special Review Permit, USR25-0004, 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 appropnate 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 budding permit or
commencement of use, whichever occurs sooner Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time (Department of
Planning Services)
10 Dust mitigation The operators of the SEF shall continuously employ the practices for control of
fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld
County Code, as amended (Department of Planning Services)
11 Underground cables All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
Resolution USR25-0004
35321 Estate, LLC, clo RDC CO Weld County RS 72 II, LLC
Page 8
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 secunty fence as approved pursuant to the Fencing
Plan shown heron App opnate signage shall be placed upon such fencing that warns the public of
the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere
to the adopted Weld County Sign Code, as amended (Department of Planning Services)
13 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code
Ground -mounted solar collector systems shall be exempt from impervious surface calculations if
the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended
(Department of Planning Services)
14 Access permit Pnor to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning Services, pursuant to the provisions
of Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as
amended (Department of Planning Services)
15 Existing irngation systems The nature and location or expansion of the SEF must not unreasonably
interfere with any irngation 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 nght 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 pnvate streets No colored lights may be
used which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
20 The property owner shall maintain compliance with the Decommissioning Plan (Department of
\ Planning Services)
21 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
22 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
23 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
Resolution USR25-0004
35321 Estate, LLC, Go RDC CO Weld County RS 72 II, LLC
Page 9
24 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)
25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
26 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)
27 Weld County is not responsible for the maintenance of onsite drainage related features
(Development Review)
28 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)
29 Dunng 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)
30 Dunng 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)
31 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
32 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)
33 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)
34 A Flood Hazard Development Permit is required for all construction or development occurnng 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, dulling operations, or storage of equipment and materials
(Department of Planning Services - Floodplain)
35 FEMA's floodplain boundanes may be updated at any time by FEMA Pnor 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)
36 The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit (Development Review — Floodplain)
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 10
37 Budding 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 Budding
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code A Budding Permit Application must be completed and two (2) complete sets of
engineered plans beanng 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 budding permit must be issued prior to
the start of construction (Department of Building Inspection)
38 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)
39 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
40 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)
41 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
42 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
43 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
44 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 onginal 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 "
45 A Use by Special Review shall terminate when the use is discontinued for a penod of three (3)
consecutive years, the use of the land changes or the time penod 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 wntten notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit
Resolution USR25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Page 11
46 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 pnor to the heanng 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, June 3, 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. Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer. Calven Goza,
Hunter Rivera.
Absent: Michael Palizzi.
Also Present: Molly Wright, Lindsay Oliver, Matthew VanEyll, Angela Snyder, Department of Planning
Services; Mike McRoberts and Aaron Maurice, Development Review; Karin McDougal, County Attorney,
and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner
Request:
Legal Description:
Location:
U S R25-0004
35321 Estate, LLC, c/o RDC CO Weld County RS 72 II, LLC
Molly Wright
Use by Special Review Permit for a Solar Energy Facility (SEF). outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot B Amended Recorded Exemption, 1AMRECX18-12-0095, being part of the
S1/2 SE1/4 of Section 4, Township 6 North; Range 66 West of the 6th P.M., Weld
County. Colorado.
North of and adjacent to County Road 72; approximately 450 feet west of County
Road 31.
Molly Wright, Planning Services, presented Case USR25-0004, reading the recommendation and
comments into the record. Ms. Wright noted that one letter of opposition was received outlining safety
concerns, potential interference with a gas line, views to the west and a negative impact on property value.
Another letter of opposition was received with eight (8) property owners signatures included. This letter
expressed concerns of a decrease in property values, lack of effective and efficient power generation, the
removal of productive farmland, glare and heat produced from panels, environmental impacts, toxic
chemicals, and the possible affect to aircraft operations. Additionally, one of the eight individuals also sent
a separate letter with concerns of decreased property values and increased traffic counts.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Commissioner Hammond asked if there are any existing USRs for solar energy facilities surrounding the
site. Ms. Wright replied that there are no solar energy facilities surrounding this site.
James Bentley. Reactivate, 2045 West Grand Ave, Chicago, Illinois, stated that they are proposing a 5
megawatt solar energy facility on 26 acres. This project will generate power for up to 880 homes per year.
They have included a buffer of 500 feet from all residential structures in their plan. Additionally, a fence will
surround the perimeter of the project.
Mr. Bentley stated that this land has been designated as grazing land and has not been irrigated since the
early 2000's. He added that agricultural is not being removed from production at this site.
Mr. Bentley said that they have had several meetings with the Town of Eaton regarding the
Intergovernmental Agreement and added that they have agreed to do a landscape/screening buffer on the
south side of the site. The life span of this project is 35 to 40 years. He added that Eaton's growth area is
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expected to expand to that two and one-half mile radius within 30 years Mr Bentley said that it is difficult
to decrease that life span and agree to decommissioning in 30 years due to the feasibility of the project
over time so they have not come,mto an agreement regarding the decommissioning plan
Mr Bentley said that they are working under designated haul routes and will enter into an Improvements
and Road Maintenance Agreement
Commissioner Hammond asked what kind of correspondence was held with the neighbors Mr Bentley
said that he reached out to neighbors within 500 feet of the project He added that there was an effort to
make a community meeting but unfortunately, they were a little late in getting a meeting set and added that
he wanted to talk with the community himself
Commissioner Hammond asked if Xcel Energy has awarded this project yet Mr Bentley replied that they
are currently in the application process with Xcel Energy
Commissioner Hammond asked how far the panels are away from the closest home Mr Bentley said that
the panels are 506 feet to the closest residence
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Eunice Baer, 14915 CR 72, stated that she is the nearest house to this proposed solar energy facility Ms
Baer said that there are three (3) large gas pipelines on site and expressed concern regarding the safety
of putting these panels over the pipeline She suggested moving the panels further to the west where the
land naturally slopes so that it can protect her views to the west
Patrick McNear, 34499 CR 31, stated that he lives approximately one-half mile south of this project
Additionally, he said that he had owned a 30 acre parcel south of and adjacent to this site Mr McNear
stated that he sold that property to a friend to accommodate the allocation of certain water rights that he
owned Once that use is no longer necessary, he has the right to purchase the land back
Mr McNear stated that he agrees with all the statements made in opposition to this project He added that
this project is a commercial/industrial use and is not consistent or compatible with the surrounding area and
will benefit one party and negatively affect surrounding properties He asked that this not be recommended
for approval to the County Commissioners
Lawrence Merritt, 14672 CR 72, stated that he lives directly across County Road 72 to the south He added
that he submitted the letter with the eight signatures Mr Merntt said that there are several big picture
objections listed in the letter on the problems with solar panels and their efficiency He expressed concern
regarding the decrease in property values, traffic safety and maintenance on County Road 72, toxic
chemicals from the solar panels, and removing farmland from production He added that none of the eight
landowners were contacted by the company regarding this project
Jeromie Ritzman, 14774 CR 72, stated that he has farmed and ranched his property since 1988 Mr
Ritzman expressed concern on his views of this facility, decrease in property values, and that the access
is very near the access to his property
Shane Powell, 35321 CR 31,stated that he owns the land that the proposed solar facility is proposed Mr
Powell said that he supports farmers and oil and gas He added that he wants to be a good neighbor He
said that there are no water rights on that land and there is no way to get water there Mr Powell said that
they have looked at several solutions on what to do with this land including farmland, however, it is dry and
cannot find a way to get water there They also have several realtors working with him and have not been
told it will decrease the property values Mr Powell said that they are trying to find what is feasible with this
land and looking at all possibilities He added that if it's a problem with the community then the solar energy
facility won't be probable
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Commissioner Hammond clarified if he is still looking into options for the land Mr Powell said that there
are a lot of hurdles before this is approved so he is still researching if the solar energy facility is, the best
option
Commissioner White asked for clarification on the water and asked if the farmland has been dried up Mr
Powell said that there is a coffin well adjacent to this site and a ditch where their water rights come in He
added that the coffin well has to push water all the way up the hill to this site and they can't do it
Mr Bentley said that that they will have an Alta Survey performed on the property so it will identify exactly
where those pipelines and easements are located He added that they will not build upon those areas and
will have crossing agreements with the pipeline owners
Mr Bentley said that there are vanations to the plan that may change depending on the Alta Survey,
however, he added that by moving it further west they will start moving into the floodplain and setbacks so
they don't have a lot of wiggle room He added that they have agreed to increased screening on the east
side to protect the site lines
Mr Bentley offered to provide studies on how the property values are upheld and in some cases increased
He added that there have been no negative impacts on market values with solar facilities
Commissioner Wades referred to the decommissioning plan and asked Mr Bentley to speak to the
decommissioning cost summary and financial assurance Mr Bentley said that they have the obligation of
bringing the site to its onginal state after decommissioning of the solar facility The bond is in place if
Reactivate is no longer part of this facility
Commissioner White asked what the USDA classifies this property as Ms Wright said it is mostly prime
farmland if irrigated He doesn't know that he got an answer if the water is legally dned up He understands
that there is a well that they can't get the water to the site but asked if that parcel has been legally dried up
Mr Bentley said that he is not sure he can answer if it is legally dned up He added that getting water to
the site is at a high cost to the landowner Mr Bentley further added that they don't intend to take agnculture
out of production
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 USR25-0004 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 Wades, Seconded by Michael Biwer
Vote Motion passed (summary Yes = 5, No = 2, Abstain = 0)
Yes Barney Hammond, Calven Goza, Hunter Rivera, Michael Wades, Virginia Gudegahn
No Butch White, Michael Biwer
Commissioner Hammond said that he is frustrated that he didn't have a final plan to look at as he gets
nervous voting on something that is not finalized He added that he is also frustrated that there wasn't
better communication with the surrounding landowners
Commissioner Biwer cited Section 23-2-220 A 3 and doesn't find that it is compatible with the surrounding
land use He believes there are too many neighbors directly affected He also cited Section 23-2-220 A 2
regarding the proposed use is consistent with the intent of the ag zone district and said that he is a little
uncertain as to the situation with the water Mr Biwer cited Section 23-2-220 A 7 and said that he isn't sure
that this use meets the welfare standard and the potential finance impact and the view He wishes that
something was to be done on the east side of the road where all the neighbors are versus Eaton which is
miles away
Commissioner White cited Section 23-2-220 A 2 and doesn't think it is consistent with the intent of the
agricultural zone district He added that there are too many questions if that farm is going to be taken out
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of production He also cited Section 23-2-220 A 6 and doesn't think the applicant has demonstrated a
diligent effort to conserve prime agricultural land
Meeting adjourned at 4 19 p m
Respectfully submitted,
42 bbn `r Xmi�td1�P-fk .,
Kristine Ranslem
Secretary
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