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HomeMy WebLinkAbout20251598.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Virginia Guderjahn, 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: U SR25-0006 N oble Energy, Inc., c/o Syrcuit Energy Solutions Lindsay Oliver Use by Special Review Permit for a Solar Energy Facility (SEF), outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the SW1 /2 of Section 21, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. N orth of and adjacent to County Road 66; east of and adjacent to County Road 53. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-10.C of the Weld County Code states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote financially responsible growth." This 4.3 megawatt Solar Energy Facility (SEF) will encompass approximately twenty-one (21) acres of a ninety-four (94) acre parcel. This SEF 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. The subject parcel contains three (3) active WOGLA sites, and there are several oil and gas well sites in the area surrounding the parcel. A solar facility is consistent with the energy production facilities already existing in this location. 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 Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions Page 2 (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-one (21) 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 One (1) storage container will be located on the property to store spare parts and equipment after construction , C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses I The surrounding properties are zoned A (Agricultural) The land uses include residences, agricultural uses, and oil and gas facilities There are three (3) residences within 500 feet of the project The applicant will either submit an updated screening plan or signed waivers from the neighboring property owners who reside in the residences within 500 feet of the project I There are eight (8) Uses by Special Review (USRs) within one (1) mile of the site To the northwest of the subject site there is a veterinary clinic (USR-1623) To the north is parking & storage for a septic business (USR18-0010) To the northeast is a dairy (USR-820AM) To the ' east of the subject site there is tractor trailer parking and maintenance (USR12-0067), commercial,truck parking (USR17-0025), and a land remediation business (USR19-0001) To the southwest is a feed lot (SUP -142), and a solar facility (USR18-0040) Three (3)iWOGLAS exist on the subject property, and there are several oil and gas well sites in the area surrounding the parcel Weld County Department of Planning Services staff sent notice to eighteen (18) surrounding property owners within 500 feet of the proposed USR boundary No written correspondence or telephone calls were received 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 thel 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 Town of Kersey Coordinated Planning Agreement Area (CPA) but is located outside of the Town of Kersey's Influence Area as indicated on their Future Land Use Map A Notice of Inquiry (NOI) form was submitted with this application dated August 20, 2024, indicating no interest to pursue annexation at this time The site is also located with the three (3) -mile referral area for the Town of Kersey The Town returned referral agency comments dated March 6, 2025 with no concerns or conditions E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county The property is not located within any overlay district officially adopted by the County, including the A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, or Special Flood Hazard Area Resolution USR25-0006 Noble Energy, Inc , c/o Syrcud Energy Solutions Page 3 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 pnme agricultural land in the locational decision for the proposed use The proposed,facility is located primanly,on Otero sandy loam, designated "Prime farmland if irrigated and the product of I (soil erodibdity) x C (climate factor) does not exceed 60" A portion of the proposed facility is also located on Thedalund loam, -designated "Farmland of local importance" per the USDA Natural Resources Conservation Service (NRQS) Custom Sod Report According to the application materials, the land has not been farmed in several years There is currently no water source for irrigation and the parcel is not irrigated The proposed use is temporary, and sods will not be unduly removed from the property After the lease period, the land will be able"to 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 inhabitanta 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 4t 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 of Approval is conditional upon the following 1 Pnor to recording°the map A The applicant shall submit an updated screening plan or signed waivers for the residences within 500 feet of the disturbed solar panel location (Department of Planning Services) B A Road Maintenance Agreement for Construction is required at this location Road , maintenance includes, but is not limited, to, dust control and damage repair to specified haul routes (Development Review) C The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referral response dated Apnl 7, 2025, to include the submittal of an access permit or access sign off from CDOT (Department of Planning Services) D The applicant shall acknowledge the referral comments of Colorado Parks and Wildlife as stated in their referral response dated March 4, 2025 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) E The applicant shall acknowledge the referral comments' of the Platte Valley Fire Protection Distnct as stated in their referral response dated April 14, 2025 _Evidence of such shall be submitted in wnting to the Weld County Department of Planning Services (Department of Planning Services) Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuwt Energy Solutions Page 4 F The applicant shall acknowledge the referral comments of the Cache La Poudre Irngating Company as stated in their referral response dated March 8, 2025 Evidence of such shall be submitted in wnting to the Weld County Department of Planning Services (Department of Planning Services) G The applicant shall acknowledge 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) H The map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR25-0006 (Department of Planning Services) i 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 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 during construction and which items are permanent (Department of Planning Services) , 6) Show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County Code Include fence and sign specification details on the map Refer to the Weld County Sign Code, as amended (Department of Planning Services) 7) Show and label the location of the temporary trash collection areas, if applicable Include specification details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design criteria (Department of Planning Services) 8) Show and label any on -site lighting, if applicable All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties Include lighting specification details on the USR map Refer to Section 23-2-250 D of the Weld County Code for design cntena (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) I 11) County Road 53 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of nght-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) Resolution USR25-0006 Noble Energy, Inc , do Syrcuit Energy Solutions Page 5 12) County Road 66 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of nght-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 nght-of-way This road is maintained by Weld County (Development Review) 13) Show and label the approved tracking control (Development Review) 14) Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet (Development Review) 15) Show and label the drainage flow arrows (Development Review) 16) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 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 USR 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 USR 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 penod (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 electncal permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) 5 Prior to Construction A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved secunty information (Department of Planning Services) B The approved access and tracking control shall be constructed (Development Review) C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (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) Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions Page 6 E The applicant shall submit the Interconnection Agreement (Department of Planning Services) Motion seconded by Barney Hammond VOTE For Passage Butch White Michael Wailes Virginia Gudegahn Barney Hammond Michael Biwer Calven Goza Hunter Rivera Against Passage 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, Knstine 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 3rd of June, 2025 ¢5\i�m.. Kristine Ranslem Secretary Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions Page 7 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS' Noble Energy Inc USR25-0006 1 A Use by Special Review Permit, USR25-0006 for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone Distnct, 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 anniversaryrdate of Board of County Commissioners approval (Department of Planning Services) 4 Any future structures or uses on site must obtain the appropriate zoning and budding permits (Department of Planning Services) 5 The facility is unmanned and will operate year-round, 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,. 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 ofAssuance 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 rows of solar arrays that are no more than four (4) feet above grade crossings, substations, Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions 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 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 irngation 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 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) i 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) i 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 USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions Page 9 24 Any work that may occupy and or encroach upon any County nghts-of-way or easement `shall acquire an approved Right -of -Way Use Permit pnor to commencement (Development Review) 25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction (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 on -site 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 debns, 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 Dunng 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 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 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 budding permit must be issued pnor to the start of construction (Department of Budding Inspection) 35 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) 36 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) Resolution USR25-0006 Noble Energy, Inc , c/o Syrcuit Energy Solutions Page 10 37 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) 38 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'Iof Approval and Development Standards stated herein and all applicable Weld County regulations; 39 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 I 40 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 41 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 " 42 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 43 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 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 EXHIBIT a§ Q 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 USR25-0006 Noble Energy, Inc., c/o Syrcuit Energy Solutions Lindsay Oliver Use by Special Review Permit for a Solar Energy Facility (SEF), outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the SW1 /2 of Section 21, Township 6 North, Range 64 West of the 6th P.M., Weld County. Colorado. North of and adjacent to County Road 66; east of and adjacent to County Road 53. Lindsay Oliver, Planning Services, presented Case USR25-0006, reading the recommendation and comments into the record Ms. Oliver noted that no written correspondence or telephone calls were received from surrounding property owner regarding this project. 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. Craig Rasmussen, Syrcuit Energy, 4627 West 20th Street, Greeley, Colorado, stated that site is an old Chevron site. He added that they will attempt to sell power directly to them for their operation as they electrify their locations around the area and the rest would be sold to Xcel Energy. Melissa Truit, Syrcuit Energy, 9333 Rangeview Lane Littleton, Colorado, stated that they did a full Alta Survey and the plan incorporates all pipelines and well locations. She added that they will be utilizing the same access point. Ms. Truit stated that they invited surrounding property owners within 2640 feet of the property to a community meeting, with three landowners in attendance. She added that none of the landowners had any concerns. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR25-0006 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 Virginia Guderjahn, Seconded by Barney Hammond. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). 1 Yes Barney Hammond, Butch White, Calven Goza, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Gudegahn Meeting adjourned at 4 19 p m Respectfully submitted, Knstme Ranslem Secretary 2 ATTENDANCE RECORD a 4 i I ADDRESS EMAIL NAME - PLEASE PRINT LEGIBLY John Doe 123 Nowhere Street, City, State, Zip 'Th L-3 E- C-4-7‘ gi dereiSt Co bu4.3 17ty;Lyriictlicy ) c7 346ncm CA)�1 n 4 r' � i v � '� � C.r 5 r� @ 1 P�►�c�.. - Olt b Q (nh (Q. r cm - 02-k l , H\eUssa � n.S.l,. \-\e 9.113 VtanwocLe� Ler\ , Li H ist_e6N-% Bot JS ��? {� : �% S S C e SS•ee CAA� I • C ft� �� �►n , (IV)o v.).�o,t�✓ Sk (ze) Cn.t1cz.�tGe ,s. 43Uc�3I Cl� M"4C4 c,�fts��‘�•c��d,f f . �sr : � - c °y�• a 4l S3 �/ iiitt- to act 3V 0.. �,r ,d� igari5O1-- L- ��Lra+'i`� `TG.�1.fa�aii f � n Gra.R to goQj 14-774 e_.-it.7 a. 1 �Car" ,Jr. --3Ro _\,\;41/4:\\SeL\►5“ � �,1 ►4 c, R 6 3 G, It Ct PEARY Sarean, L.)%\t.% c r�ct 1 g�6 c�rY Ac -c_ 6�e�e CC� B063( �.i�4(�i _�C'�°e���('ktiC�,iQ wyvel\12 O$ c� ',1.4 .sQn�Ate_ iSt-i(ov CILIA/ ‘/A Ave. (stave en '260(931 , . skft,e4L4-ici.e,40)..W,t;ec_.cJ 31 -IC LA) Cr P.m, 'api.a."21 Cr) .;e -:)‘;2(G sAlskte, u3 h i 2 ic,,A-d i;tdcRE 9--40‘i 5- t„) ‘rfr..,A nvc IL Ck.r., r e.,ci--,‘.,1,31-c t In+ . oc, r 1 3 J � 7f� \./0 017'i-- G � ` t. !ice r -P � �' , - chk).4 4 itiot c_Rif . � 1 4fP r14,4,) An/ Geta& 3 j , (1< / wriMitt 4 /IF447 R ) 7 Sr ‘r'' -. 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