HomeMy WebLinkAbout20250829.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, 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:
USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Diana Aungst
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.
Lot B of Family Farm Division, FFD24-0011, being part of the N1/2 SE1/4, and Lot
B of Recorded Exemption, RE -3801, being part of the S1/2 SE1/4 all in Section
30, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 64, west of and adjacent to County Road
51.
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. 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 this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy 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. states: "Harmonize development with surrounding land uses."
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned
energy development facility. There is one (1) rural residence that is less than five hundred (500)
feet from the facility. The applicant will either get a waiver from the nearby residences or install
a six (6) foot tall. offset -picket composite privacy fence constructed for a portion of the
southwest side of the proposed SEF site. The proposed fence is a composite fencing rather
than wood due to its increased durability. Additionally, the offset -picket design will provide
opaque screening while also allowing wind to pass through (and therefore mitigating potential
hazardous situations that could arise during high winds). This fence is proposed in addition to
the security fence running the entire perimeter of the project.
The original USR24-0002 was submitted March 7, 2024 with a referral deadline of April 4, 2024.
On March 29, 2024 a Family Farm Division (FFD24-0011) was submitted to split off about six
(6) acres from the northern parcel. FFD24-0011 was recorded on July 17, 2024 and the revised
deed was received on August 6, 2024 and USR24-0002 was sent out to the referral agencies
for another review on the same day (August 6, 2024).
Resolution USR24-0002 -
Janice and Donald Carson, c./o SunShare, LLC, dba Goldfinch Solar, LLC
Page 2
The applicant proposed three (3) different layouts of the Solar Energy Facility between March
2024 to November 2024 The second submittal received on September 28, 2023 moved the
entire solar array north to ensure that the site would be greater than 500 feet from the neighbor
to the south
The third submittal received on November 11, 2024, changed the access so that it would not
be routed behind the neighbor's house and adjusted the location of some of the solar panels
to meet the required offset- Since the SEF encumbers two (2) parcels an offset is required from
the property line where the solar panels cross between the north -parcel to the south parcel
For each of these changes the USR was sent out to the referral agencies for another review,
There has been a total of four (4) reviews of the case from March 7, 2024, August 6, 2024, -
October 1, 2024 and November 22, 2024
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,,industnal and residential land uses The (Agricultural)
Zone District is established to maintain and promote agnculture 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 agnculture and agricultural production, and for
areas` for natural resource extraction and energy development, without the interference of
other, incompatible land uses "
'This code section supports the installation of the subject Solar Energy •Facility, which is an
energy development The.facility will provide power to be utilized by residences, businesses
and farming operations in Weld County
Section 23-340 FF — Uses by special review, of the Weld County Code includes, "Solar
Energy Facilities (SEF'S), 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, a "Solar Energy Facility- means a commercial facility whose primary
purpose is to supply electricity and consists of one or more solar arrays and other accessory
structures, equipment, including substations, switchyards, - battery storage, electrical
infrastructure, generators, transmission lines_ communications infrastructure, and other
appurtenant structures and/or facilities " The SEF will -encumber approximately twenty-nine
(29) acres _
_ The proposal meets the intent of A (Agricultural) Zone District as the facility will produce energy
and will not interfere with adjacent agricultural operations
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with -the existing
surrounding land uses
The properties adjacent to the parent parcel are zoned A (Agncultural) and the land uses
include agnculture and rural residences On January 27, 2025 the Weld County Department of
Planning Services staff sent notice to twelve (12) surrounding property owners No wntten
correspondence or telephone calls were received
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 3
There are twelve (12) USRs within one (1) mile of the site USR18-0040 for a Solar Energy
Facility and SUP -142 for a 400 head feedlot are located to the east USR18-0077 for the
Tallgrass Energy Partners 36 -inch HP gas pipeline is located to the north 1 MUSR18-12-0074
for a gas pump station, USR14-0021 and USR14-0022 for a 16 -inch gas pipeline are located
to the west USR15-0056 for RV and boat storage, 2MUSR19-11-1793 for a natural gas
compressor station, USR11-0004 for Foster Trucking, SUP -163 for the Cervi feedlot, USR-
1594 for the JBS wastewater treatment plant and USR13-0006 for a 16 -inch HP gas pipeline
are all located to the south
Based on the referral agency responses and the location of the site the proposed SEF is in an
area that can support this development The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding and 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 for the City of Greeley and Town of
Kersey The City of Greeley returned a referral response dated April 3, 2024 stating no conflict
with their interests The Town of Kersey did not return a referral response The site is located
outside of the growth management areas for both Greeley and Kersey
Coordinated Planning Agreement Area for the Town of Kersey As part of the pre -application
process the municipalities were sent a Notice of Inquiry (NOI) The Town returned the Notice
of Inquiry form dated September 30, 2023 stating they would not pursue annexation
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 properties are located within the Airport Overlay District and a Special Flood Hazard Areas
The properties are not located within the I-25 Overlay District, the Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay
District, orAgncultural Heritage Overlay District
Building Permits issued on the property 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
agncultural land in the locational decision for the proposed use
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that the sods on
the site consist of 63% low slope (0-1%) Nunn clay loam, 14% low slope (1-3%) Otero sandy
loam, 10% low slope (1-3%) Haverson loam, 10% low slope (0-1%) Altvan loam, and 3%
moderate slope (3-5%) Otero sandy loam Approximately 3% of the site is classified as
"Farmland of Statewide Importance " The remainder of the acreage is classified as "Pnme
Farmland if Irngated" or "Not Pnme Farmland" The property has an operational center pivot
and is currently used for corn production The placement of the solar facility will not remove
"Pnme Farmland" from production
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
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 4 1
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 Planning Commission recommendation for approval is conditional upon the following
1 Pnor to -recording the map
A A Road Maintenance Agreement, dunng 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 acknowledge the referral comments of Colorado Parks and Wildlife, as
stated in the referral response dated March 14, 2024 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Colorado Parks and Wildlife)
C The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated March 12, 2024 Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services
(Weld County Oil and Gas Energy Department)
D The applicant shall address the referral comments of the Galeton File Protection Distnct in
their referral comment dated August 7, 2024 Evidence of such shall be submitted in,writing
to the Weld County Department of Planning Services Department of Planning Services)
E The applicant shall address the referral comments of Blue Grama Land Corporation - NGL
Crude Terminals as stated in their referral comment dated Apnl 1, 2024 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Blue
Grama Land Corporation — NGL Crude Terminals)
F The applicant shall address the referral comments of Public Service Company of Colorado, as
stated in the referral response -dated April 8, 2024, August 27, 2024, October 15, 2024,
December 13, 2024 Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services (PSCO)
G The applicant shall submit a Landscape and Screening Plan or screening waivers from
residents within five hundred (500) feet The Landscape and Screening Plan shall be
submitted to and approved by the Department of Planning Services and shall screen the site
from the surrounding property owners (Department of Planning Services)
H The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR24-0002 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
Resolution USR24-0002
Janice and Donald Carson, do SunShare, LLC, dba Goldfinch Solar, LLC
Page 5
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 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 items, are temporary for use, during construction, and
which items are permanent (Department of Planning Services)
6 Required fencing, gates and any emergency and site identification signage, in accordance
with Section 23-2-240 A 12 and Section 23-4-1030 C6 of the Weld County Code
(Department of Planning Services)
7 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 C_ ode for design cntena
(Department of Planning Services)
8 Trash collection areas, if applicable Section 23-2-240 A 13 of. the Weld County Code
addresses the issue of trash collection areas (Department of Planning Services)
9 Planned oil and gas surface development areas, corridors, access roadways, etc as part
of any executed Surface Use Agreement, if applicable (Department of Planning Services)
10 Screening plan for residences within five hundred (500) feet, unless a waiver from the
resident has been supplied to the Department of Planning Services (Department of
Planning Services)
11 County Road 51 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout
The applicant shall delineate and label on the site map the future and existing nght-of-way
(along with the documents creating the existing right-of-way) 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 County Road 64 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 site map the future and existing nght-of-way
(along with the documents creating the existing nght-of-way) 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 existing, permitted residential access onto CR 51 and the proposed: -
commercial access location onto CR 64 Include access width and turning radii on the site
plan The applicant must obtain a commercial access permit in the approved location pnor
to construction Development Review will review the proposed access locations during the: -
review of the site plan (Development Review)
14 Show and label the drainage flow arrows (Development Review)
15 Show and label all recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number (Department of Planning Services)
16 Show the floodplain and floodway Of applicable) boundaries on the USR map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Development Review-- Floodplain)
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 6
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 paper map along with all other
documentation required as Conditions of Approval The Paper 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 Paper 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 specified timeline from the date the administrative review was signed, a $50 00 recording
continuance fee shall be added for each additional 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 Pnor to Construction
A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information (Department
of Planning Services)
B The applicant shall submit the Interconnection Agreement (Department of Planning Services)
C The approved access shall be permitted and constructed, and tracking control shall be
constructed prior to on -site construction (Development Review)
D If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction (Development Review)
E Any improvements or new construction in the floodplain require a Flood Hazard Development
Permit (Development Review - Floodplain)
Resolution USR24-0002
Janice and Donald Carson, do SunShare, LLC, dba Goldfinch Solar, LLC,
Page 7
Motion seconded by Virginia Gudegahn
VOTE
For Passage
Butch White
Michael Wades
Michael Palam
Virginia Gudegahn
Against Passage Absent
Pamela Edens
Barney Hammond
Michael Biwer
Cindy Beemer
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 COPV
I, Knsbne 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 March 4, 2025
Dated the, 4`h of March, 2025
Knstine Ranslem
Secretary
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 8
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
-Donald and Janice Carson
- USR24-0002
1 A Site -Specific Development Plan and Use by Special Review Permit, USR24-0002, 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 nght pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services) -
3 The Use by Special Review Permit shall be valid for three (3) years from the date of approval If
the site is not selected for being a participant in any community solar program the permit shall
expire on the anniversary date of Board of County Commissioners approval (Department of
Planning Services)
4 Any future structures or uses on site must obtain the appropnate zoning ,and building permits
(Department of Planning Services) ' '
5 The facility is unmanned and will operate year-round, according to the application materials Limited
maintenance personnel may visit the site once operational (Department of Planning Services)
6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of
Planning Services)
7 Glare A SEF shall be designed, located or placed so-that,concentrated solar glare from its solar
collectors will not be directed toward or onto nearby properties or roadways at any time of the day
per Section 23-4-1030 C 2 of the Weld County Code, as amended (Department of Planning
Services)
8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone Additionally, the improved area must be at least five hundred (500) feet from
existing residential buildings and residential lots of a platted subdivision or planned unit
development The residential setback requirement may be reduced if appropnate 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 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)
10 Underground cables All electncal cables on the improved area shall be buned,_except for direct
current stnng 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)
11 Fencing The SEF shall be enclosed with a secunty 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)
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 9
12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Cntena 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)
13 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 Public Works, 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)
14 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)
15 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)
16 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
17 The site shall, be maintained in accordance with the accepted Lighting Plan (Department of
Planning Services)
l
18 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)
19 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department
of Planning Services)
20 Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, -removal of trash and weeds, and replacement of any required plantings that
become diseased Infested or otherwise unhealthy shall be replaced within the growing season or
next calendar, year whichever occurs sooner (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 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)
24 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
Resolution USR24-0002
Janice and Donald Carson, do SunShare, LLC, dba Goldfinch Solar, LLC -
Page 10
25 Weld County is not responsible for the maintenance of onsite drainage related features
(Development Review)
26 The historical flow patterns and runoff amounts on the site will be maintained (Development -
Review)
27 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)
28 Dunng construction, no permanent disposal of wastes shall be permitted at this site This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Public Health and
Environment)
29 Dunng construction, waste matenals 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) -
30 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
31 During construction, adequate toilet facilities and handwashmg 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)
32 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)
33 A Flood Hazard Development Permit is required for all construction or development occurnng in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -12575F effective date will be November 30, 2023 (Lone
Tree Creek Floodpla►n) 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 but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, dnllmg operations, or storage of
equipment and materials (Department of Planning Services - Floodplain)
34 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 (Development Review - Floodplain) -
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 11
35 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, 2023 National Electncal Code, and Chapter 29 of the Weld
County Code A Budding 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 prior to
the start of construction (Department of Budding Inspection)
36 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
37 Budding 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) '
38 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)
39 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 _
40 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 CountyBoard 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
41 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
42 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 "
43 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 penod established by the Board of
County Commissioners through the approval process expires The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified wntten notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit "
Resolution USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, L'LC
Page 12
44 In such cases where the Use by Special Review has terminated but the landowner=does'riot agree
to request to vacate the Use by -Special Review Permit, a heanng shall be scheduled wittfthe 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 la idjmner 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
Summary of the Weld County Planning Commission Meeting
Tuesday, March 4, 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 Palizzi, Virginia Guderjahn, Barney Hammond, Cindy Beemer.
Absent: Michael Wailes, Pamela Edens, Michael Biwer.
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 4, 2025 Weld County Planning Commission minutes, Moved by Michael
Palizzi, Seconded by Virginia Guderjahn. Motion passed unanimously.
[Commissioner Wailes entered the meeting at 2:08 p.m.]
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-0002
Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch Solar, LLC
Diana Aungst
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.
Lot B of Family Farm Division, FFD24-0011, being part of the N1/2 SE1/4, and Lot
B of Recorded Exemption, RE -3801, being part of the S1/2 SE1/4 /4 all in Section
30, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
North of and adjacent to County Road 64; west of and adjacent to County Road
51
Barney Hammond stated that he will need to recuse himself from this case.
Diana Aungst, Planning Services, presented Case USR24-0002, reading the recommendation and
comments into the record. No written correspondence or phone calls were received from surrounding
property owners.
Ms. Aungst provided a report from Environmental Health including reports on the public water and sanitary
sewer requirements, on -site dust control, and the Waste Handling Plan.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Kristy Wyerman, SunShare, LLC, 1877 Sea Drift Drive, Windsor, Colorado, stated that this project has a
capacity of up to 7 megawatts on 30 acres of land. They adjusted the layout so that they are greater than
500 feet away from residences. They are currently in the process of obtaining an interconnection agreement
from Xcel Energy.
Commissioner White asked if half of the farm will remain in farm operation. Ms. Wyerman said that over
half of it will be in farm production.
Commissioner Palizzi asked how long it takes for the interconnection agreement. Ms. Wyerman said it
depends on Xcel Energy and the capacity that they have at the substation and any upgrades that need to
be done. She added that it could be anywhere from a few months to a few years, depending on how quickly
Xcel Energy can go.
1
Janice Carson, 31423 CR 51, stated that her parents bought this farm in 1963 and it was flood irngated at
that time In 2002, her father purchased the first pivot sprinkler Since then ditch water seems to be less
plentiful and added that they are the second to last farm on this ditch Ms Carson said that they have less
water each year and have to purchase water in July to finish off their crops She added that it adds to their
farm expenses and is currently leased out for cash rental Ms Carson stated that they are looking at this
proposal with SunShare so that they can utilize the farm to the best of their ability while reducing the water
usage on this portion of the farm so they can maximize water usage on the remaining acreage_so the farm
can continue to be in production
Commissioner Beemer noted that there is a pipeline running through the property and asked if it would be
impacted by the solar array Ms Aungst said that the reason for the layout is to avoid that pipeline and the
solar facility will be located to the west of that pipeline
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 USR24-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Pa'um, Seconded by Virgma Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Butch White, Cindy Beemer, Michael Palizzi, Michael Wades, Virginia Gudegahn
Absent Barney Hammond
Meeting adjourned at 3 09 p m
Respectfully submitted,
Knstine Ranslem
Secretary
2
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