HomeMy WebLinkAbout20251775.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Matthew VanEyll
Case Number: USR25-0005
Owner: Juan Pablo Gomez Mendiola
38876 County Road 49, Eaton, CO 80615
Hearing Date: June 3, 2025
Representative: RDC CO Weld County Rd 49 LLC c/o James Bentley
2045 W Grand Ave, Suite B, PMB 52340, Chicago, IL 60612
Request: A Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District.
Legal Being a part of the N2NW4 of Section 19, Township 7 North, Range 64 West of the 6th
Description: P.M., Weld County, Colorado.
Location: East of and adjacent to County Road 49; south of and adjacent to County Road 80
section line.
Acreage: Parcel Boundary: +/- 72.89 acres Parcel No. 0711-19-0-00-023
Solar Energy Facility (SEF) +/- 30 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 Parks and Wildlife, Referral dated May 6, 2025
❖ Weld County Oil and Gas Energy Development, referral dated May 13, 2025
❖ Weld County Department of Public Health and Environment, referral dated April 7, 2025
❖ Weld County Department of Planning Services — Development Review, referral dated April 18, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Weld County Sheriff's Office, referral dated May 6, 2025
❖ Greeley Conservation District, referral dated May 12, 2025
❖ Weld County School District RE -2, referral dated May 12, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Chevron
❖ Occidental Petroleum Corp
❖ Galeton Fire Protection District
❖ North Weld County Water District
❖ Colorado Division of Water Resources
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CASE SUMMARY:
The applicant, Reactivate, is proposing to construct a three (3) megawatt Solar Energy Facility (SEF) on
approximately thirty (30) acres of a seventy-three (73) acre site. The maximum height of the solar panels
will not exceed twenty (25) 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 eighty (85) people on site each day. Construction activities
will take place Monday through Friday from 7:00 a.m. to 5:00 p.m. Any debris, junk, or wastes associated
with building the project will be removed and disposed of properly prior to completion. No waste will be
produced once the array is "turned -on" and producing energy. There will be a maximum of two (2) Conex
containers during construction. There will not be any night construction or night lighting.
The applicant will have preventative maintenance and inspections conducted periodically when determined
needed by its twenty-four (24) hour, seven (7) days a week monitoring and operation. Vegetation
maintenance will occur approximately every ten (10) days based on site conditions. There will be one (1)
employee who will be on site occasionally during the operation of the SEF. An accepted native -seed mixture
will be planted on all disturbed areas and will not require irrigation once established. There are no
residences within five hundred (500) feet of the proposed disturbed area.
As no employees will be permanently located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during construction. A dust
mitigation plan was submitted which indicates water will be used as necessary and the site will be
revegetated. A noise narrative was submitted which indicates that the noise level of 55 dB(A) during daylight
hours and 50 dB(A) during nighttime hours shall be complied with. 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 is a proposed three (3) megawatt Solar Energy Facility (SEF) that will encompass
approximately thirty (30) acres of a seventy-three (73) acre site. This SEF will initially provide
construction jobs and future energy production to Weld County. These functions directly support
economic prosperity. This Solar Energy Facility, being a power -generating facility, will add variety,
stability, and redundancy to the existing electrical grid. Traditional energy resources are tied to
commodity markets and can vary in demand and output. This facility can complement and support
the economy during times of fluctuating oil and gas activity.
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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 five hundred (500) feet of the disturbed area.
The closest neighboring residence is located approximately one thousand one hundred seventy
(1,170) feet from the solar energy facility. On the southwestern side of this property and across
County Road 49 on the northwestern side of this property are oil and gas facilities.
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, being located
in the Ag/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 thirty (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 23-2-220.A.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 Recreational Facility, and vacant land. There are no
residences within 500 feet of the project.
There are four (4) Use by Special Reviews (USRs) within one (1) mile of the site. To the east of the
subject property there are three (3) USRs: one (1) for as Recreational Facility (SUP-215AM), a Hog
Farm (SUP -297), and an Ag Service Establishment (USR-1512). To the west of the subject property
is a Non 1041 Major Facility Pipeline (USR18-0077) for a thirty-six (36) inch natural gas pipeline.
Weld County Department of Planning Services staff sent notice to four (4) surrounding property
owners within 500 feet of the proposed USR boundary. No written or telephone correspondence in
opposition or support of the project were received.
The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of 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.
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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 23-2-220.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 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 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 thirty (30) acres of the approximately seventy-
three (73) acres. The facility will be located on soils designated as "Farmland of Statewide
Importance", Olney fine sandy loam low -moderate slopes (0-6°/0), 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 23-2-220.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. 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. (Development Review)
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. (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
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writing to the Weld County Department of Planning Services. (Oil and Gas Energy
Development)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0005. (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 planned oil and gas surface development areas, corridors, access
roadways, for example, part of any executed Surface Use Agreement. (Department of
Planning Services)
9) 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)
10) County Road 49 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires sixty (60) feet of right-of-way at full
buildout. The applicant shall delineate and label on the USR map the existing right-of-way
(along with its creating document) and the physical location of the road. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
11) Show and label the approved tracking control. (Development Review)
12) 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 thirty-five (35) feet. (Development
Review)
13) Show and label drainage flow arrows. (Development Review)
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14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The 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 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. (Department
of Planning Services)
C. The approved access and tracking control shall be constructed. (Development Review)
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be acquired.
(Development Review)
E. Overweight and/or oversized special transport permits from the Department of Public Works
shall be acquired for all applicable trucks. (Development Review)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RDC CO Weld County RD 49 LLC
USR25-0005
1. A 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. (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
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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)
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)
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24. 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)
25. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
26. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to runoff rate and velocity increases, diversions, concentration and/or
unplanned ponding of stormwater runoff. (Development Review)
27. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
28. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
29. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
30. During construction, waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing 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)
31. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
32. 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)
33. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
34. 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, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
(Department of Planning Services)
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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. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
39. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
41. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request
by the landowner."
42. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit.
43. In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days 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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DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mvaneyll@weld.gov
Phone: (970) 400-3556
Fax: (970) 304-6498
May 9, 2025
James Bentley
2045 W Grand Ave Ste B, PMB
52340
Chicago, IL 60612
Subject: USR25-0005 - A Use by Special Review Permit 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:
N1/2 NW1/4 of Section 19, Township 7 North, Range 64 West of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 3, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 02, 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/
Resentful ly,
/ i/�U !'
Matthew anEyll
Planner
Hello