HomeMy WebLinkAbout20251811.tiffResolution
Action of the Board Concerning Use by Special Review Permit, USR25-0004, for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District — 35321 Estate, LLC, c/o RDC CO Weld County RS 72
II, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 2nd day of
July, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of 35321 Estate, LLC, 35321 County Road 31, Greeley, Colorado
80631, c/o RDC CO Weld County RS 72 II, LLC, 2045 West Grand Avenue, Suite B,
PMB 52340, Chicago, Illinois 60612, for Use by Special Review Permit, USR25-0004, for
a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of 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
Whereas, on July 2, 2025, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant for a continuance and, having been
fully informed, deemed it advisable to continue the matter to August 6, 2025, at
10:00 a.m., to allow the applicant additional time to address the concerns of surrounding
property owners, and
Whereas, on August 6, 2025, the applicant was represented by Reactive, 2045 West
Grand Avenue, Suite B, PMB 52340, Chicago, IL 60612, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the unfavorable
recommendation of the Weld County Planning Commission, and all of the exhibits and
evidence presented in this matter, and having been fully informed, finds that this request
shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.3 — The proposed use will not be compatible with the
existing surrounding land uses. The surrounding properties are zoned
A (Agricultural), and land uses include residences, agricultural uses, and
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09/26/25
2025-1811
PL2960
Deny Use by Special Review Permit (USR25-0004) — 35321 Estate, LLC, c/o RDC CO
Weld County RS 72 II, LLC
Page 2
vacant land. The Weld County Department of Planning Services sent notice
to seven (7) surrounding property owners (SPOs) 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 SPO letter was sent to the applicant
on April 21, 2025, and is Exhibit 1 on the Planning Commission (PC) Exhibit
list. Another letter of opposition was received (Exhibit 2) 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.), possible impact to aircraft operations,
and the possible need of new transmission lines to transport the energy in
the future would cause a number of environmental impacts. The Board finds
that the applicant did not articulate, and the proposed Conditions of
Approval and Development Standards will not assist in, sufficiently
mitigating the impacts of the facility on the adjacent properties nor ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.4 — The proposed use is not 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 the application, from the Town of
Severance, dated September 24, 2024, 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 NOI, dated October 2, 2024, stating 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. The Board finds that the proposed use is not
compatible with future development because of concern for traffic impacts
and safety, and because of surrounding towns' likely use of the area and
lack of support for this type of development in their future land use areas.
2025-1811
PL2960
Deny Use by Special Review Permit (USR25-0004) — 35321 Estate, LLC, c/o RDC CO
Weld County RS 72 II, LLC
Page 3
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of 35321 Estate, LLC, c/o RDC CO Weld County RS72 II,
LLC, for Use by Special Review Permit, USR25-0004, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above, be, and hereby is, denied.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 6th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Nay
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1811
PL2960
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