HomeMy WebLinkAbout20251813.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Molly Wright
Case Number: USR25-0004
Owner: 35321 Estate LLC c/o Jennifer Powell
35321 County Road 31, Greeley, CO 80631
Hearing Date: June 3, 2025
Representative: RDC CO Weld County RS 72 II LLC c/o James Bentley
2045 W Grand Ave, Suite B, PMB 52340, Chicago, IL 60612
Request: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District.
Legal Lot B of Amended Recorded Exemption AMRECX18-12-0095; being a part of the S2SE4
Description: of Section 4, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 72 and approximately 450 feet west of County
Road 31
Acreage: Parcel Boundary: +/- 44 acres Parcel No. 0805-04-4-00-009
Solar Energy Facility (SEF) +/- 26 acres
The criteria for review of this Use by Special Review are listed in Section 23-2-220 and Section 23-4-1030
of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Town of Eaton, referral dated April 23, 2025
❖ Weld County Oil and Gas Energy Department, referral dated March 7, 2025
❖ Weld County Department of Planning Services — Floodplain, referral dated April 29, 2025
❖ Weld County Department of Public Health and Environment, referral dated March 25, 2025
❖ Weld County Department of Planning Services — Development Review, referral dated April 2, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Town of Severance, referral dated March 12, 2025
❖ Weld County Sheriffs Office, referral dated March 6, 2025
❖ Weld County School District RE -2, referral dated March 6, 2025
❖ West Greeley Conservation District, referral dated March 10, 2025
❖ Colorado Division of Water Resources, referral dated March 19, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Colorado Parks and Wildlife
❖ Eaton Fire Protection District
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CASE SUMMARY:
The applicant is proposing to construct a five (5) megawatt Solar Energy Facility (SEF) on approximately
forty-four (44) acres. This SEF will consist of approximately twenty-six (26) acres at full build. The maximum
height of the solar panels will not exceed twenty (25) feet in height as measured from the highest grade
below each solar panel to the highest extent of the solar panel rotation.
During construction there will be a crew of about eighty (85) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 5:00 p.m. Any debris, junk, or wastes associated
with building the project will be removed and disposed of property prior to completion. No waste will be
produced once the array is "turned -on" and producing energy.
The applicant will have preventative maintenance once a year for approximately two (2) to three (3) days,
with two (2) technicians on site at a time. Vegetation maintenance will occur approximately every ten (10)
days based on site conditions; one (1) employee will be on site at a time. An accepted native -seed mixture
will be planted on all disturbed areas and will not require irrigation once established. There are no
residences within five hundred (500) feet of the proposed disturbed area.
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 50 dB(A) during nighttime
hours shall be complied with. A decommissioning plan was submitted with the application materials and is
currently under review.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C of the Weld County Code states: "Promoting Economic Growth and Stability.
Land use policies have a significant impact economic conditions in the County and should be
structured to encourage economic prosperity. To ensure the continued strength of Weld County's
economy, land use processes and decisions based on the [Comprehensive Plan] shall be
consistent and promote financially responsible growth."
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.
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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.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres
in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located
in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld
County Code the SEF will encumber approximately 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 April 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 during 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.
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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 April 23, 2025.The Town of Eaton submitted a Notice of Inquiry (NOI) dated October 2, 2024,
stating that the town does not have interest in 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.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The property is 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 prior to construction The site is not located in any other overlay district officially
adopted by the County, including the A -P (Airport) Overlay District, I-25 Overlay District, Geologic
Hazard Overlay District, 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
"Prime Farmland if Irrigated" Kim loam (1-3°/0) slopes, and twenty-five (25) acres that are
designated as "Prime Farmland if Irrigated" Ascalone loam (0-1°/0) slopes per the USDA Natural
Resources Conservation Service (NRCS) Custom Soil Report. The project will not remove any
"Prime Farmland" from production. The proposed use is temporary, and soils will not be unduly
removed from the property. After the lease period, the land can be returned to historic uses.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
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This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. 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 writing to the Weld County Department of Planning Services. (Oil and Gas
Energy Department)
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 electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable. Clearly indicate which equipment and structures are
temporary for use during construction and which items are permanent. (Department of
Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7) Show and label the location of the temporary trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County
Code for design criteria. (Department of Planning Services)
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8) Show and label any on -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent properties. Include lighting
specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County
Code for design criteria. (Department of Planning Services)
9) Show and label any planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
11) County Road 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)
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
appropriate 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)
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5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. The 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)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RDC CO Weld County RS 72 II LLC
USR25-0004
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 appropriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of
Planning Services)
7. Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from its solar
collectors will not be directed toward or onto nearby properties or roadways at any time of the day
per Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning
Services)
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least five hundred (500) feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver
or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping
or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be
submitted to and approved by the Department of Planning Services per Section 23-4-1030.C.3 of
the Weld County Code, as amended. (Department of Planning Services)
9. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time. (Department of
Planning Services)
10. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of
fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld
County Code, as amended. (Department of Planning Services)
11. Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
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rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4-
1030.C.5 of the Weld County Code, as amended. (Department of Planning Services)
12. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of
the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere
to the adopted Weld County Sign Code, as amended. (Department of Planning Services)
13. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code.
Ground -mounted solar collector systems shall be exempt from impervious surface calculations if
the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
14. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning Services, pursuant to the provisions
of Article XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as
amended. (Department of Planning Services)
15. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9
of the Weld County Code, as amended. (Department of Planning Services)
16. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1030.B.4.h of the Weld County Code, as amended. Weld County shall have the right to draw upon
the irrevocable standby letter of credit, or other form of financial security, to pay for
decommissioning in the event that the holder has not commenced decommissioning/reclamation
activities within ninety (90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation. (Department of Planning Services)
17. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department
of Planning Services)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
20. The property owner shall maintain compliance with the Decommissioning Plan. (Department of
Planning Services)
21. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
22. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
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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. 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)
30. 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)
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 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)
35. 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)
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36. The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
37. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
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 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."
45. 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.
USR25-0004 — Reactivate
Page 11 of 12
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 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.
USR25-0004 — Reactivate
Page 12 of 12
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
May 9, 2025
James Bentley
2045 W Grand Ave Ste B, PMB
52340
Chicago, IL 60612
Subject: USR25-0004 - A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 3, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 02, 2025 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectful ly,
Molly Wr
Planner
Molly Wright
From:
Sent:
To:
Subject:
James Bentley <bentley@reactivate.com>
Tuesday, June 17, 2025 12:26 PM
Molly Wright
Re: BOCC for USR25-0004
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Update!
have sent out a request for a community meeting for those that stated opposition at the
planning meeting. This is set on June 23rd. If I do not have success in anyone attending I do believe I will
request to extend the BOCC date out. Is that week early enough notice if I were to need the extension?
Regards,
James Bentley (he/him)
Project Developer
bentley@reactivate.com
(708) 667-6614
reactivate.com
Fx1
This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the
named addressee, you should not disseminate, distribute, or copy this e-mail. If you are not the intended recipient, you are notified that
disclosing, distributing, or copying this e-mail is strictly prohibited.
From: James Bentley <bentley@reactivate.com>
Sent: Monday, June 9, 2025 10:53 AM
To: Molly Wright <mrwright@weld.gov>
Subject: Re: BOCC for USR25-0004
Just sent the calendar invite.
Thanks!
James Bentley (he/him)
Project Developer
bentley@reactivate.com
(708) 667-6614
reactivate. com
S n{ry'nN awM..Ow.Mef+/"WNP•Yitnft. nFr.vt
This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the
named addressee, you should not disseminate, distribute, or copy this e-mail. If you are not the intended recipient, you are notified that
disclosing, distributing, or copying this e-mail is strictly prohibited.
From: Molly Wright <mrwright@weld.gov>
Sent: Monday, June 9, 2025 10:51 AM
To: James Bentley <bentley@reactivate.com>
Subject: RE: BOCC for USR25-0004
Good morning,
I am available at 2pm. Would this work for you?
Best Regards,
COUNTY, CO
Molly Wright
Planner I
Department of Planning Services
Desk: 970-400-3525
1402 N. 17th Avenue, Greeley, CO 80632
Join Our Tear
IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person
or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from
disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: James Bentley <bentley@reactivate.com>
Sent: Monday, June 9, 2025 9:49 AM
To: Molly Wright <mrwright@weld.gov>
Subject: BOCC for USR25-0004
2
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hey Molly,
was wondering if you had time for a call tomorrow to discuss this upcoming meeting date. I have some
additional thoughts and want to get your opinion. Let me know a time tomorrow that you may
be available.
Regards,
James Bentley (he/him)
Project Developer
bentley@reactivate.com
(708) 667-6614
reactivate.com
This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the
named addressee, you should not disseminate, distribute, or copy this e-mail. If you are not the intended recipient, you are notified that
disclosing, distributing, or copying this e-mail is strictly prohibited.
From: Vince Harris
To: Maxwell Nader; Wesley LaVanchy; Greg Brinck
Cc: James Bentley; SHANE POWELL; Julie Esterl; Lauren Richardson
Subject: FW: Eaton Pre -App Response letter - to review at Meeting at Town Hall Feb 13 10am
Date: Thursday, February 13, 2025 3:28:15 PM
Attachments: image001.pnq
image002.pnq
image003.pnq
image004.pnq
UGA Map Eaton.pdf
Pre -App Comment Letter for Weld Solar Farm 2-6-25.pdf
Eaton redline of SRU Application Weld County.pdf
Importance: High
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Max — hope you are doing well and warm today. Attached find our (Eaton) response letter related to
the solar farm request on CR72 addressed to the applicant (Reactivate, and Shane Powell/land
owner) outlining comments related to the Pre -App submittal to Eaton. We also met with Shane and
James this morning to discuss the response letter and the Eaton position. Short story and bullet
points below as a summary for you and us:
1. Reminder that the subject property is within the Eaton UGA boundary and subject to the
current CPA between Weld and Eaton.
2. Eaton needed to learn more about the applicant proposal and had asked applicant to share
the proposed project w Eaton as now accomplished with the Eaton Pre -App process.
3. Eaton is NOT INTERESTED to annex this property at this time, nor annex for a solar farm.
4. Response letter suggests the applicant reconnect with Weld County now to start a formal SRU
application in the Weld land development process.
5. Based on our meeting this morning w the applicant — we expect they will connect to Weld
soon to discuss.
6. Eaton pre -app response caveats desire to have the applicant better detail and address
buffer/landscaping towards CR72 and the residential homes/lots to the east and north of the
proposed solar farm.
7. We discussed wonder and concern with the applicants current plan set showing solar panels
in a mapped floodplain (floodplain does show on plan) and over existing gas lines (easements
not shown on plan at all) on the property with poles and panels shown over/in the floodplain
and easements. Applicant needs to follow -upon these items and resolve these questions and
show a solution to both noted potential concerns that WELD and the O&G company need to
weigh in on.
8. Eaton will expect per the existing CPA that Weld will refer a formal SRU application to Eaton
for review at the initial submittal time for Eaton comments/position.
9. Eaton expects that Eaton will not object to the Weld SRU application proposed if "buffering
and landscaping items are better addressed" related to CR72 visual aesthetics (for up to
potentially 35 years) and visual buffering from/to the residential homes to the east and north
of the subject proposed solar farm — AS CONDITIONS THAT EATON FEELS THE APPLICANT
NEEDS TO BETTER ADDRESS ON THE WELD SRU APPLICATION to come into you soon.
10. Eaton will respond to Weld county with comments and a Town position on the revised
layout/plan for the Weld SRU application to provide such to the Weld PC and BOCC public
hearings and attend if needed.
Thanks Max — if you have any questions reach out to me on Eaton's behalf.
Vince
VINCE HARRIS, AICP I PRINCIPAL
O:303.912.1900
From: Vince Harris
Sent: Friday, February 7, 2025 11:08 AM
To: James Bentley <bentley@reactivate.com>; SHANE POWELL <shanepowell2000@yahoo.com>
Cc: Wesley LaVanchy <Wesley@eatonco.org>; Greg Brinck <greg@eatonco.org>; Julie Esterl
<julie.esterl@baselinecorp.com>; Lauren Richardson<lauren.richardson@baselinecorp.com>
Subject: Eaton Pre -App Response letter - to review at Meeting at Town Hall Feb 13 10am
James and Shane. Here is the Eaton response letter we completed and related to your Pre -
Application submittal to Eaton. We will meet to discuss your project in the meeting we got
scheduled with you next Thursday February 13 at 10am. I will send a ZOOM link to James so he can
also participate remotely.
Have a great weekend!
Vince
VINCENT HARRIS, AICP I Principal
303.912.1900 Direct and Mobile
112 IU. Rube Drive, #210, Golden, CO 80403
www.baselinecorp.com
From: Vince Harris
To: James Bentley; "SHANE POWELL"
Cc: Maxwell Nader; "Wesley LaVanchy"; "Greg Brinck"; Julie Esterl
Subject: Solar Farm CR 72 - Weld County
Date: Wednesday, November 27, 2024 9:43:59 AM
Attachments: image001.pnq
image002.pnq
image003.pnq
Eaton Pre -App Process HANDOUT 07-23-2024.pdf
08 Comp Plan Map 5 - Planning Boundaries A.pdf
Importance: High
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hello James and Shane. Hoping you are well today. We appreciate the call on Monday related to
the discussion of the proposed solar farm application you are preparing to submit to Weld County.
As you know — we (Eaton) have an intergovernmental agreement (known as the Coordinated
Planning Agreement - CPA) with Weld County - since 1999. It includes the mapped Urban Growth
Area Boundary (UGA) as shown on the attached map, and your property is highlighted. The
agreement allows Eaton to review applications within the UGA and provide comments and positions
to Weld County regarding the proposed development application(s) within the UGA for
recommendations of approval or denial.
What came to light on Monday is that we (Eaton) have not seen your application materials
(substantial efforts) and submittal items until Max provided them later Monday morning after our
meeting. Also James mentioned there is a Tax Benefit Analysis document I don't see in the items
Max sent Monday. We collected our thoughts after the Monday morning meeting and conclude we
believe then best next step (before you start the Weld process) is to simply have you as the land
owner and potential solar provider submit directly to Eaton the attached Pre -Application submittal
to allow us to fully understand and vette your proposed development plan. It will allow us to see
the plan, evaluate it and learn what is proposed before submitting the Weld County application so
we have a better understanding of your intent, likely impacts, positives and negatives to consider,
duration, decommissioning plans, etc. - and then we can better indicate our position on how this
application concept is best addressed if you follow thru with the Weld process.
Simply put — we need time and eyes to look at the plans you have for development before you/we
get to a hearing process in Weld County when we (Eaton) will to provide a `recommendation' to staff
and the Board of County Commissioners on the proposed plan for development as it's in the UGA
boundary for Eaton.
Let me know what questions you may have about the Eaton Pre -Application process once you have
looked at the application handout. Thanks James and Shane.
am in the office today if you have questions. Back Monday....
Enjoy Thanksgiving!
Sincerely,
Town of Eaton — Planning Department
Vince
VINCENT HARRIS, AICP I Principal
303.912.1900 Direct and Mobile
112 N. Rubey Drive, ##210, Golden, Co 80403
www.baselinecorp.com
Referral Agencies:
❑x Eaton Building: SAFEbuilt —Jon Gesick & Jose Gonzalez
Eaton Engineering: EPS/Northern Engineering — Brad Curtis
Eaton Planning: Baseline Corporation — Vince Harris & Julie Esterl
Eaton Fire Protection District — Megan Kelly & Joe Jaramillo
❑ Eaton Police — Chief of Police
❑x Eaton Public Works Director —Juan Romero
Eaton School District RE2 — Jay Tapia & Luke Gonzales
❑ Eaton Attorney — Avi Rocklin
Weld County Planning — Referrals@weld.gov
❑ North Weld County Water District — Jared Rauck
❑x Xcel Energy — ReferralsXcelDistribution@xcelenergy.com
❑ Larimer & Weld Irrigation Company —Autumn Penfold
❑ Town Boyd Lateral Company— Kimberly Nelson
❑Great Western Trail Authority
❑ CDOT Region 4 — Timothy Bilobran & Allyson Young
Town of Eaton — Town Administrator's Office
223 1St Street • Eaton • CO 80615
(970) 454-3338
PRE -APPLICATION COMMENT SUMMARY
Date: February 6, 2025
Project Number: TE-25-02
Project Name: RDC CO Weld County RS 72 II Solar Project
Project Address: 35321 COUNTY ROAD 31 Greeley, Colorado 80631
Existing Zoning: Weld AG
Existing Land Use: AG
Project Planner: Vincent Harris, AICP
Applicant: RDC CO Weld County RS 72 II LLC
Property Owner: 35321 Estate LLC
N VBASELINE
Project Summary
The applicant and property owner are proposing a Community Solar Energy Facility (SEF) that is a 4.95
MW (26 acre) solar photovoltaic generation facility located on a segment of Parcel Number 80504400009,
West of Eaton, Weld County, Colorado. The Project is proposed to be developed by Reactivate CO
Development LLC ("Reactivate"), which is a wholly owned subsidiary of Reactivate Devco LLC. The Project
started with a submittal to Weld County seeking a Use by Special Review ("USR") to permit the construction
and operation of the solar farm project. The property is 44 acres in size and approximately 26 acres is
intended to be developed with the solar panels on the land.
This Eaton Pre -Application process was requested so Eaton could learn more about the proposed project
and consider the application and the options Eaton ought to be able to evaluate it before any formal
application is submitted to Eaton or to Weld County.
Pre -Application Documents Reviewed:
1. Application
2. Cover Letter
3. Site Plan — Draft SRU plan set
x
x
x
x
x
Cc:
x
Eaton Town Administrator — Wesley LaVanchy
❑x Eaton Assistant Town Administrator — Greg Brinck
TE-25-02 — Pre -App review of Weld County Solar Farm on CR72 Page 1 of 4
Town of Eaton — Town Administrator's Office
223 1St Street • Eaton • CO 80615
(970) 454-3338
N VBASELINE
Pre -Application Comments by Agency
Eaton Building Department
1. If the property is annexed to the Town of Eaton the following is required.
• Provide One -line electrical plans, stamped by engineer, showing compliance with 2023
NEC. Provide Calculations and equipment specifications. Footings must be
engineered and comply with Building Code in effect at time of permit submittal.
Eaton Engineering Department
1. Regardless of development, if annexed to the Town, or if developed thru Weld County the
Eaton Town Engineer to have the applicant indicate what the proposed traffic impacts attributed
from the development during construction and post construction. As it pertains to Eaton, there
are several potential routes to the location off US85 that could impact the Town. Please clarify
the planned access routes and avoid construction traffic in the Town of Eaton.
XCEL Energy
1. Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has
reviewed the request for the RDC CO Weld County RS 72 II Solar Farm USR Rezone and
has no objection to this proposal, contingent upon PSCo's ability to maintain all existing rights
and this amendment should not hinder our ability for future expansion, including all present and
any future accommodations for natural gas transmission and electric transmission related
facilities, and that our current use/enjoyment of the area would continue to be an accepted use
o n the property and that it be "grandfathered" into these changes.
The property owner/developer/contractor must complete the application process for any new
e lectric service via xcelenergy.com/InstallAndConnect. It is then the responsibility of the
developer to contact the Designer assigned to the project for approval of design details.
If additional easements need to be acquired by separate PSCo document, a Right -of -Way
Agent will need to be contacted by the Designer.
As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for
utility locates prior to construction.
Eaton Planning Department
1. This property is located within the Eaton Urban Growth Area boundary (UGA) and is north of
CR 72 and west of CR31 on a 44 acre parcel in Unincorporated Weld County.
2. Weld County and the Town of Eaton have a joint Coordinated Planning Agreement (CPA) that
provides that Weld County is to refer all development proposals in the UGA to Eaton for
comments and review and allow the option for consideration of comments and suggestions
related to the application and potential for annexation of the subject property and project to the
Town of Eaton. This review process (Eaton Pre -Application review process is used to fully vet
and understand the development proposal) has enlightened Eaton with a more complete
u nderstanding of the proposed solar farm application proposed for this property. We (Eaton)
did not have the full understanding of this project until we received this Pre -Application
submittal for our review.
3 The applicant/owner began the Weld County review process to work towards initiating a
request for a USE BY SPECIAL REVIEW permit for a 25.5 acre Solar Farm facility on the
subject property. Such initial Plan Documents are attached to this letter for reference and
were used in the Eaton review process to learn about the proposed project and allow the Town
TE-25-02 — Pre -App review of Weld County Solar Farm on CR72 Page 2 of 4
Town of Eaton — Town Administrator's Office
223 1St Street • Eaton • CO 80615
(970) 454-3338
N VBASELINE
of Eaton to evaluate the request and provide an opinion on a potential for annexation to the
Town, or the alternative, to evaluate what stance the Town will take if the Weld County SRU
proceeds forward thru the Weld County review process.
4 At this time, annexation of the subject property to the Town of Eaton is not ready to be
supported by the Town of Eaton staff for a few reasons.
a. The proposed development with a solar farm is essentially not a long-term permanent use
of the land. The length of time anticipated for the solar farm is understood to be a 20 to 30
year lifespan.
b. Wet utility infrastructure (water and sewer lines) is not anticipated with a solar farm.
Annexation without such infrastructure with no revenue for roadway improvements to the
site and maintenance over the 20-30 years creates a significant deficit perceived by the
Town of Eaton.
c. The property is not within the closer proximate lands (1 to 1.5 miles) to the existing town
limits. The closer lands to Town with needed infrastructure related to the anticipated
potential to be developed in the next 5-10 years with a PERMANENT and desired use that
could be supported and approved by the Town is likely a more realistic annexation request
- with the ability to add and extend all utility and transportation infrastructure necessary for
a responsible and favorable land use proposed on a property.
d. Portions of lands farther than 1 to 1.5 miles from the existing town limits are anticipated to
develop in the next 10-20 years which is where the Town can currently visualize when the
subject land could potentially be annexed to the Town with a more suitable long-term use
on the property.
5 Based on comments and perspectives above, and the current process outlined in the CPA with
Weld County, the Eaton Planning staff and Town Administrator's Office are ready to offer that
if the land owner and applicant desire to proceed with the Weld County SRU process then
Eaton will not object to the application and request but we have the following conditions to
include with the perspective to support the proposed use;
a. A landscape buffer along CR 72 should be designed and included with development of the
solar farm; and
b. Landscape buffers in strategic locations should be coordinated with the residential use
neighbors to the east and north of the proposed solar farm; and
c. A commitment for duration of the existence of the solar farm is to be included as a condition.
Eaton Fire Protection District
1. No comments received
Next Steps — Pre -App Meeting
1. Staff will follow up with Applicant to schedule a Pre -App meeting (at Town Hall) to discuss the
following:
a. Review pre -app comments (this letter and in -person meeting on Thursday February 13, 2025
at 10am — Eaton Town Hall)
2. Applicant prepares Weld County SRU application documents based on Weld County process
requirements and includes Eaton pre -application comments and suggested conditions in such
application.
3. Applicant submits a complete Weld County SRU application to Weld County and such is referred
to the Town of Eaton during the referral process for Eaton comments.
TE-25-02 — Pre -App review of Weld County Solar Farm on CR72 Page 3 of 4
Town of Eaton — Town Administrator's Office
223 1St Street • Eaton • CO 80615
(970) 454-3338
N VBASELINE
4. Eaton staff reviews the Weld SRU application and will comment back to Weld County and the
applicant with appropriate comments generally outlined in this letter with Eaton staff comments and
the Eaton/Weld CPA.
5. Weld County processes the SRU application in accordance with the CPA and the Weld County
Code requirements.
Attachments:
1. Eaton Urban Growth Area (UGA) boundary map
2. Applicant SRU document with Eaton redlines (PDF attachment)
TE-25-02 — Pre -App review of Weld County Solar Farm on CR72 Page 4 of 4
Weld County, CO Charter and County Code about:blank
APPENDIX 19-G
URBAN GROWTH AREA MAP FOR EATON
• mam It w.,?1
3
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Gar SW
17
- WCR 80 co
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110 ORACIVM
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WCR 78
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Site Location
105
•
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i
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WCR 84
AY4i 51N
LL $
WCR 76 111
MUM
oC
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7
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3 l AY Growth Area Boundary
7
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11,0 31
Eaton Primary Urban
WCR 80
r
invipeod dowmpip (caw
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78
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0717I14,N7 941,
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WCR 74
A / gi
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— Paved road
- - Gravel road
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Eaton Urban Growth Area
Th., Ny
(�
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11
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Appendix 19-G
Eaton Urban Growth Area Map
February 14, 2024
21
WCR 66
.F a t-9
N
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0 0.5 1 2 Miles
l t s i I i<< l
(Weld County Code Ordinance 2003-0; Weld County Code Ordinance 2024-02)
of 2 2/5/2025, 4:53 PM
From:
To:
Subject:
Date:
Attachments:
Vince Harris
Chris Gathman
RE: NOI for Community Solar Facility in Weld County
Wednesday, October 2, 2024 1:15:34 PM
image007.pnq
image008.pnq
image009.pnq
image001.png
image002.pnq
image003.pnq
Caution: This email originated fiom outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Thanks Chris. Let me know if there is any progress or info on this project. We will obviously be
interested and ready to discuss and comment.
Hope you are well
Vince
116ASELNE
air
aliPti
WORK
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VII2Z
and hope all is well without dinosaur Kim being around in the office any more....
Vincent Harris, AICP I Principal
303.912-1900 Mobile & Direct
112 N. Rubey Drive, #210, Golden, CO 80403
www.baselinecorp.com
Vince's 32 hr/wk schedule TUES, WED, & THUR Sam to 5pm
Monday's and Friday's & all evenings I monitor emails and will respond to you as soon as possible
From: Chris Gathman <cgathman@weld.gov>
Sent: Wednesday, October 2, 2024 1:07 PM
To: Vince Harris <vince@baselinecorp.com>
Subject: RE: NOI for Community Solar Facility in Weld County
[EXTER1N AL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Thanks Vince. I will include this in our records.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathman@weldgov.com
970-400-3537
From: Vince Harris <vince@baselinecorp.com>
Sent: Wednesday, October 2, 2024 11:40 AM
To: 'James Bentley' <bentley@reactivate.com>; Maxwell Nader <mnader@weld.gov>; Chris
Gathman <cgathman@weld.gov>
Cc: 'Wesley LaVanchy' <Wesley@eatonco.org>; 'Greg Brinck' <greg@eatonco.org>; Julie Esterl
<Julie.esterl@baselinecorp.com>; Lauren Richardson<lauren.richardson@baselinecorp.com>
Subject: RE: NO1 for Community Solar Facility in Weld County
(,at Lion o This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning James. I see this email from yesterday and then I found your email from September
19 asking about the NO1. I was on sabbatical during September and Julie Esterl (planner here at
Baseline) was listed on any auto -reply as the person to connect to with my responsibilities during my
absence. I talked to Julie and she was not connected according to her email folder.
I am back now and am working on responsibilities. So — I see your email from yesterday and have
included a map attachment from the Eaton Comprehensive Plan (shows the Eaton Urban Growth
Area boundary etc) showing the subject site potentially proposed as a solar facility (35 acres).
I have also filled out the NOI as needed in the Weld process. The Town does not have an interest
to annex the property with the proposed solar farm project. Eaton has numerous times
commented that such solar facilities are not supported or endorsed as an acceptable land use
proposed in any process in the Eaton Urban Growth Area. Simply put, Eaton will oppose the
proposed application if submitted to Weld County in the near future.
If you desire to talk and meet with myself and Eaton staff we can arrange for you to personally visit
Town Hall and try to explain your project with us involved in Eaton.
I will copy Chris Gathman and Max Nader with Weld County on this response and information.
I believe this response would have been sent much sooner from Julie had she been emailed back
when the original request was sent to my email address in mid -September.
Thanks for following up on the request. Thanks James.
Vince
Vincent Harris, AICP I Principal
VASELINE
303.912-1900 Mobile & Direct
112 N. Rubey Drive, #210, Golden, CO 80403
www.baselinecorp.com
Vince's 32 hr/wk schedule TOES, WED, & THUR 8am to 5pm
Monday's and Friday's & all evenings I monitor emails and will respond to you as soon as possible
From: James Bentley <bentley@reactivate.com>
Sent: Tuesday, October 1, 2024 4:40 PM
To: Vince Harris <vince@baselinecorp.com>
Subject: Re: NOI for Community Solar Facility in Weld County
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Good afternoon Vince,
wanted to make sure you were the correct contact for this request. Can you please
confirm? I found your contact information on the Eaton website.
Thank you,
James Bentley (he/him)
Renewables Project Developer
1 806.584.5846
bentleyreactivate. com
www.reactivate.com
image
Reactivate was founded by Invenergy and Lafayette Square
'** Disclaimer **'
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message. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail.
If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e-mail is
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From: James Bentley <bentley@reactivate.com>
Sent: Thursday, September 19, 2024 2:07 PM
To: vince@baselinecorp.com <vince@baselinecorp.com>
Subject: Re: NOI for Community Solar Facility in Weld County
Apologies for not including, but could you please review, sign, and return the attached
NOI? Again, I am available to discuss further either by e-mail or by phone.
Regards,
James Bentley (he/him)
Renewables Project Developer
1 806.584.5846
bentley@reactivate.com
www.reactivate.com
image
Reactivate was founded by Invenergy and Lafayette Square
***' Disclaimer *****
This message contains confidential information and is intended only for the individual(s) addressed in the
message. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail.
If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e-mail is
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From: James Bentley
Sent: Thursday, September 19, 2024 1:58 PM
To: vince@baselinecorp.com <vince@baselinecorp.com>
Subject: NOI for Community Solar Facility in Weld County
Good afternoon Vince,
have been working with Weld County planner, Chris Gathman, in order to understand
the process for constructing a community solar facility in Weld County. It is my
understanding that the county of Weld and Eaton have entered into an
Intergovernmental Agreement. In order to ensure that we comply with all the
requirements to develop a community solar facility, I wanted to reach out and make
myself available for any information you may be seeking on the proposal. Below is a
short description of the proposal along with project name:
The RDC CO Weld County RS 72 II Community Solar Energy Facility (SEF) is a 5 MW (26
acre) solar photovoltaic generation facility located on a segment of Parcel Number
080504400009, West of Eaton, Weld County, Colorado. The Project is being developed
by Reactivate CO Development LLC ("Reactivate"), which is a wholly owned subsidiary
of Reactivate Devco LLC. The Project is seeking a Use by Special Review ("USR") to
permit construction and operation of the project.
The executed notice of intent is attached to this e-mail as we have completed the initial
review by Weld County. Please feel free to contact me at any time to discuss further and
have a great day!
Regards,
James Bentley (he/him)
Renewables Project Developer
1 806.584.5846
bentley(&eactivate. com
www.reactivate.com
image
Reactivate was founded by Invenergy and Lafayette Square
***** Disclaimer *****
This message contains confidential information and is intended only for the individual(s) addressed in the
message. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail.
If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e-mail is
strictly prohibited.
Hello