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HomeMy WebLinkAbout20251773.tiffResolution Approve Use by Special Review Permit, USR25-0005, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, 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 Juan Pablo Gomez Mendiola, 38876 County Road 49, Eaton, Colorado 80615, c/o RDC CO Weld County Rd 49, LLC, 2045 West Grand Avenue, Suite B, PMB 52340, Chicago, Illinois 60612, for Use by Special Review Permit, USR25-0005, 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: N1/2 NW1/4 of Section 19, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicant was represented by RDC CO Weld County Rd 49, LLC, 2045 West Grand Avenue, Suite B, PMB 52340, Chicago, Illinois 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 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 approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. 1) Section 22-2-10.C states: "Promoting Economic Growth and Stability. Land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld 4e ; pL(oc/aw/DA/Mv/KR/DA),cR CKM% 2025-1773 IgsVsG), APP-. PL2962 .51/I3 /2S Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 2 County's economy, land use processes and decisions, based on the [Comprehensive Plan], shall be consistent and promote financially responsible growth." This is a proposed three (3) megawatt Solar Energy Facility (SEF) that will encompass approximately 30 acres of a 73 -acre site. This SEF will initially provide construction jobs and future energy production to Weld County, functions which directly support economic prosperity. This SEF, 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. 2) Section 22-2-30.C — Harmonize development with surrounding land uses. The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. There are no residences within 500 feet of the disturbed area, and the closest neighboring residence is located approximately 1,170 feet from the SEF. There are oil and gas facilities on the southwest side of this property and across County Road 49, on the northwest side of this property. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, 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." 2) Section 23-3-40.FF — Uses by Special Review, of the Weld County Code include, "Solar Energy Facilities (SEFs), being more than five (5) acres in size, but less than 160 acres, in the Near/Urban Area, as shown on Appendix 21-B, or being more than five (5) acres, but less than 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 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 3 Agricultural/Rural Area, as shown by map, in Appendix 21-B. Per Section 23-1-90 of the Weld County Code the SEF will encumber approximately 30 acres and qualifies as a SEF USR. This SEF may also include two (2) 40 -foot Conex (cargo) containers, per parcel, during construction. Cargo containers are allowed as an Accessory Use, per Section 23-3-30.B of the Weld County Code. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are zoned A (Agricultural). The land uses include residences, agricultural uses, a Special Use Permit for a Recreational Facility, and vacant land. There are no residences within 500 feet of the project. There are four (4) Use by Special Review (USR) Permits within one (1) mile of the site. To the east is a Recreational Facility (SUP-215AM), a Hog Farm (SUP -297), and an Agricultural Service Establishment (USR-1512). To the west is a Non 1041 Major Facility Pipeline (USR18-0077) for a 36 -inch natural gas pipeline. Weld County Department of Planning Services sent notice to four (4) surrounding property owners (SPOs) within 500 feet of the proposed USR boundary and no written or telephone correspondence was received. The proposed use is in an area that can support this development, and the Conditions of Approval and Development Standards 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 23-2-230.B.4 — The uses which will 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 not located within a three (3) mile referral area or within an Intergovernmental Agreement area of any municipality or county. E. Section 23-2-230.B.5 — The application complies with Articles V and XI of Chapter 23 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 in any overlay district officially adopted by the County, including the A -P (Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay District, Special Flood Hazard Area, or MS4 - Municipal Separate Storm Sewer System area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 4 use. The proposed facility is located on approximately 30 acres of the approximately 73 -acre parcel. The facility will be located on soils designated as "Farmland of Statewide Importance", Olney fine sandy loam low -moderate slopes (0-6%), per the USDA Natural Resources Conservation Service. The proposed use is temporary, and soils will not be unduly removed from the property. After the lease period, the land can be returned to historic uses. Currently, the land is occasionally used for grazing and is not irrigated. G. Section 23-2-230.B.7 — 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 there are adequate provisions for the protection of the 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 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. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC, for Use by Special Review Permit, USR25-0005, 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, granted subject to the following conditions: 1. Prior to recording the map: A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. B. The applicant shall acknowledge the comments of Colorado Parks and Wildlife, as stated in the referral response, received May 6, 2025. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall address the comments of Weld County Oil and Gas Energy Development, as stated in the referral response, dated May 13, 2025. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 5 D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR25-0005. 2) The attached Development Standards. 3) The map shall be prepared, per Section 23-2-260.D and Section 23-4-1030 of the Weld County Code. 4) The applicant shall show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld County Code. 5) The applicant shall 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. 6) The applicant shall 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. 7) The applicant shall 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. 8) The applicant shall show and label any planned oil and gas surface development areas, corridors, or access roadways, for example, part of any executed Surface Use Agreement. 9) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or Reception number and recording date. 10) County Road 49 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 the existing right-of-way (along with its creating document) and the physical location of the road on the USR map. All setbacks 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 6 shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 11) The applicant shall show and label the approved tracking control. 12) The applicant shall 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. 13) The applicant shall show and label drainage flow arrows. 14) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the required 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. 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. 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 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 7 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. B. The applicant shall submit an ALTA survey that identifies all subsurface utilities. C. The approved access and tracking control shall be constructed. D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired. E. Overweight and/or Oversized Special Transport Permits from the Department of Public Works shall be acquired for all applicable trucks. Use by Special Review Permit Development Standards Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC USR25-0005 1. Use by Special Review Permit, USR25-0005, is for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 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. 4. Any future structures or uses onsite must obtain the appropriate Zoning and Building Permits. 5. The facility is unmanned and will operate year-round, according to the application materials. Limited maintenance personnel may visit the site, once operational. 6. Height limitation. Ground -mounted solar collectors shall not exceed 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. 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 8 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. 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 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. 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. 10. Dust mitigation. The operators of the SEF shall continuously employ the practices to control of fugitive dust, as detailed in the accepted Dust Mitigation Plan, per Section 23-4-1030.C.4 of the Weld County Code, as amended. 11. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, and 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. 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. 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 the Weld County Code. Ground -mounted solar collector 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 9 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. 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 Chapter 8, Article XIV, per Section 23-4-1030.C.8 of the Weld County Code, as amended. 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 and reclamation activities within 90 days of the Board of County Commissioners' order or Resolution directing decommissioning and reclamation. 16. The site shall be maintained in accordance with the accepted Property Maintenance Plan. 17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 18. The property owner shall maintain compliance with the Decommissioning Plan. 19. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 20. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 22. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. 23. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 24. 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 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 10 velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. 25. Weld County is not responsible for the maintenance of on -site drainage related features. 26. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, C.R.S. §30-20-100.5. 28. During construction, waste materials shall be handled, stored, and disposed of 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 I of the Weld County Code. 29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 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. 31. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 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 have been adopted by Weld County: 2018 International Codes, 2018 International Energy Conservation 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, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 11 33. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 34. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 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. 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. 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 the Department 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 2025-1773 PL2962 Use by Special Review Permit, USR25-0005 — Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC Page 12 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. 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 2nd day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1773 P L2962 Hello