HomeMy WebLinkAbout20250293.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst
Case Number: USR24-0023
Owner: Parkview Apartments LLC c/o David Janssen
P.O. Box 458, Ault, CO 80610
Hearing Date: January 7, 2025
Representative: Periwinkle Solar LLC, Longspur Solar LLC, and 1876 Solar LLC c/o Kristy Weyerman
1724 Gilpin St, Denver, CO 80218
Request:
A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal Lot B of Amended Recorded Exemption AMRE-4331; Being a part of the SE4 of Section
Description: 9, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to Highway 14; approximately 0.11 miles west of County Road
31
Acreage: Parcel Boundary: +/- 60.86 acres Parcel No. :0707-09-4-00-013
Solar Energy Facility (SEF) +/- 45 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:
➢ Colorado Department of Transportation, referral date November 26, 2024
➢ Weld County Oil and Gas Energy Department, referral dated October 15, 2024
➢ Weld County Department of Public Health and Environment, referral dated October 28, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated November 7, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Ault, referral dated October 21, 2024
➢ Town of Pierce, referral dated October 16, 2024
➢ Town of Severance, referral dated October 9, 2024
➢ Weld County Sheriff's Office, referral dated October 9, 2024
➢ Weld County School District RE -9, referral dated October 9, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Ault Fire Protection District
➢ Colorado Parks and Wildlife
➢ North Weld County Water District
➢ West Greeley Conservation District
➢ Colorado Division of Water Resources
USR24-0023 — Parkview Apartments LLC
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CASE SUMMARY:
The applicant, Sunshare Solar LLC, is proposing to construct a Solar Energy Facility (SEF) approximately
forty-five (45) acres. This SEF will consist of three (3) phases, phase one (1) will be approximately two and
a half (2.5) acres known as Longspur Solar LLC, phase two (2) will be approximately twenty (20) acres
known as Periwinkle Solar LLC, and phase three (3) will be approximately twenty (20) acres known as 1876
Solar LLC. The maximum height of the solar panels will not exceed ten (10) 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 sixty (60) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 6:00 p.m. One (1) temporary construction trailer
will be located on -site as well as up to two (2) storage containers during construction. One (1) storage
container will be located on the property to store modules and other spare parts after construction. 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 an operations and maintenance team that will visit the site quarterly to perform
routine maintenance, project monitoring, and vegetation control. There will be an eight (8) -foot tall wildlife -
friendly game fence around the facility. An accepted native -seed mixture will be planted on all disturbed
areas and will not require irrigation once established. The applicant is proposing the utilization of sheep to
manage vegetation on site. Although there are six (6) residences that are less than five hundred (500) feet
from the boundary of the parcel the SEF is configured in such a manner to ensure that there are no
residences within five hundred (500) of the disturbed area.
The facility is unmanned, and no water or sewage disposal service is required. Bottled water and portable
toilets will be provided during construction. 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.
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. Although there are six (6) residences that are less than five
hundred (500) feet from the boundary of the parcel the SEF is configured in such a manner to
ensure that there are no residences within five hundred (500) of the disturbed area.
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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 (SEF),
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 forty-five (45) 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 modules
and other spare parts after construction.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops
and rural residences
There are nine (9) USRs within one (1) mile of the site. To the north of the subject site there is
a 1041 Major Facility (USR21-0018). To the east of the subject site there is a mineral resource
development (USR-1453). To the south of the site there are two hog farms (SUP -304 and USR-
617), and an office, shop, and storage (USR19-0037). To the west of the subject site there is
a feed lot (SUP -57), a livestock confinement operation (AMSUP-205), an oil and gas support
and service facility (USR12-0018), and a construction maintenance and storage facility (USR-
1328).
Weld County Department of Planning Services staff sent notice to five (5) surrounding property
owners within five hundred (500) feet of the proposed USR boundary. No written
correspondence or telephone calls were received. One letter of support was submitted with
the application materials.
The proposed use is in an area that can support this Solar Energy Facility (SEF) 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 Town of Ault's and the Town of Severance's Coordinated Planning
Agreement Area (CPA) and within the three (3) mile referral area of the Town of Ault, the Town
of Severance, and the Town of Pierce. The Towns of Ault and Severance did not submit a
Notice of Inquiry (NOI), however, both Towns submitted referral agency comments, dated
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October 21, 2024 and October 9, 2024 respectively, with no concerns. The Town of Pierce also
submitted referral agency comments dated October 16, 2024 with no concerns.
The site is located outside of the Town of Severance's Future Land Use Map and within the
"Planning Area" boundary for the Town of Ault. According to Ault's Comprehensive Plan the
site has a land use classification of Agriculture which, "typically includes large parcels of land
that are used to cultivate crops and nursery stock, to raise animals and to provide farm -related
products. Residential developments should be clustered and have an adequate buffer from
agricultural operations." The Comprehensive Plan also states that the Agricultural Land Use
Designation should be, "Located on the outskirts of the community, typically between the
Primary Growth Area and the Planning Area. It is important to buffer agricultural uses from
other uses because agricultural production may include a variety of hazards including heavy
farm equipment, irrigation ditches, herbicides, pesticides, livestock and open burning."
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.
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 forty-five (45) acres of soils designated as
"Prime Farmland if irrigated," Kim loam (1-3%) slopes per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report. The proposed use is temporary, and soils
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 inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This proposal has been reviewed by the 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. The applicant shall submit an access permit or access sign off from the Colorado Department
of Transportation. (Development Review)
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B. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in their referral response dated November 26, 2024. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
C. The applicant shall acknowledge the referral comments of the Weld County Oil and Gas Energy
Department as stated in their referral response dated October 15, 2024. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Oil and Gas
Energy Department)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0023. (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)
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) Delineate and label the State Highway 14 right-of-way along with the documents creating
the right-of-way. (Development Review)
12) Delineate and label the CDOT approved access with the access permit number if
applicable. (Development Review)
13) Show and label the entrance gate. The gate shall be designed such that the longest vehicle
(including trailers) using the access can completely clear the traveled way when the gate
is closed (35 foot minimum distance from the northern edge of State Highway 14) or as
specified by CDOT. (Development Review)
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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)
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 USR 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 period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
5. 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 applicant shall submit an ALTA survey that identifies all subsurface utilities. (Oil and Gas
Energy Department)
C. A Weld County Grading Permit shall be acquired if disturbing more than one (1) acre of land.
(Development Review)
D. The applicant shall submit the Interconnection Agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Parkview Apartments LLC
USR24-0023
1. A Site -Specific Development Plan and Use by Special Review Permit, USR24-0023 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
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)
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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)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
25. Weld County is not responsible for the maintenance of on -site drainage related features.
(Development Review)
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26. 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)
27. 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)
28. 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)
29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
30. 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)
31. 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)
32. 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, 2023 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)
33. 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)
34. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
35. 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)
36. 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.
37. 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.
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38. 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.
39. 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."
40. 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.
41. 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.
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December 3, 2024
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
Kristy Weyerman
1724 Gilpin St
Denver, CO 80218
Subject: USR24-0023 - A Site Specific Development Plan and Use by Special Review 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 AMRE-4331; PART SE4 SECTION 9, T7N, R66W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 7, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 5, 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/
Respectfully,
Mo y i ig t
r*
Planner
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