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Home My WebLink About20251276.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: USR24-0027 Coors Energy Company, c/o ENGIE Distributed Renewables Development. LLC Diana Aungst Use by Special Review for a Solar Energy Facility (SEE) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the N1/2 of Section 36, Township 3 North, Range 64 West of the 6th P.M.. Weld County, Colorado. East of and adjacent to County Road 59; approximately 0.6 miles north of County Road 26 (section line). 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 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." The Keenesburg Solar Project (aka Banquet Solar) is a 7.2 MWAC Solar Energy Facility (SEF) on a two hundred (200) -acre parcel owned by Coors Energy Co. The SEF will encompass about forty-two (42) acres. This Solar Energy Facility will initially provide construction jobs and future energy production to Weld County. These functions directly support economic prosperity. This Solar Energy Facility, being a power -generating facility, will add variety, stability, and redundancy to the existing electrical grid. Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. Section 22-2-30.C. - Harmonize development with surrounding land uses. The adjacent land uses include solid waste disposal facilities, a landfill, a surface coal mine, waste ash and waste rock disposal facilities, an oil and gas facility, and a substation. There are no residences within two (2) miles of the site. A seven (7) foot game fence will be installed around the site. The SEF is an unmanned energy development facility and is consistent with the existing surrounding land uses. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development. without the interference of other, incompatible land uses." Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B " This code section allows the applicant to apply for the subject Solar Energy Facility (SEF), being located in the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-1- 90 of the Weld County Code the SEF will encumber approximately forty-two (42) -acres and qualifies as a SEF USR There will be three (3) 40 -foot conex (cargo) containers on site for the entire operation of the SEF to store spare parts, tools, and electrical equipment Per Code Section 23-3-30 B two (2) cargo containers are allowed on a Lot less than eighty (80) acres and five (5) cargo containers are allowed on a Lot of eighty (80) -acres or more This site is greater than 80 acres C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The adjacent properties are zoned A (Agricultural) and the surrounding land uses include a solid waste disposal facility, a landfill, an open pit coal mine and waste disposal, and an oil and gas facility, and a substation There are no residences within two (2) miles of the site There are ten (10) USRs within one (1) mile of the site USR-1166 for a twenty-two (22) -inch pipeline, SUP -439 for an electrical substation and 115 kV transmission line, 2MUSR19-17- 0034 for a high pressure natural gas pipe line greater than 12 -inches, Amended AMUSR-987 for a mineral resource development facility, USR20-0020 for anining and mineral processing, USR-959 for a natural gas compressor station, USR-1160 for an open pit coal mine and waste disposal site, 2MUSR21-92-966 for a solid waste disposal facility, USR14-0080 for a solid waste disposal site, and USR-1285 for an organic recycling facility (Rattler Ridge Organic Recycling Facility) On June 20, 1979, the BOCC approved USR-386, for the Coors-Keenesburg mine an open cut mining permit for surface coal mining The map for USR-386 was recorded July 2, 1980, reception #1829039 On Apnl 20, 1987, the BOCC approved an amendment to USR-386 to include waste ash disposal in the mined area AmUSR-386 was recorded on June 4, 1987, reception #2102244 A Certificate of Designation (CD) is required for waste ash disposal and on Apnl 15, 1987, a CD was approved by the BOCC USR-386 was amended (unofficially) due to the approval of USR-966, for a sanitary landfill, that overlapped the some of the parcels that were encumbered by USR-386 On October 14, 1992, the BOCC approved USR-966, on the property to the west This USR-966 map was recorded May 12, 1995, reception #2388294 USR-966 was approved for a sanitary landfill (a solid waste disposal site) to be operated by Waste Services Company on the properties to the west of the Coors coal mine, however, the approved area for the landfill overlapped the land approved for the Coors coal mine and waste ash disposal site Pnor to Waste Services Company commencing operation Coors was required to amend AMUSR-386 to exclude the area permitted for the landfill from the mine and waste ash disposal site The properties that were vacated by Coors (parts of Section 25, 26, and 36 in T3N, R64W) are now part of the landfill, and according to the historic documents on these two USRs, the land that is used for the landfill has not been used for coal mining or waste ash disposal On November 4, 1997, the BOCC approved USR-1160 (identified as the 2nd amendment to USR-386) USR-1160 allowed the disposal of mine waste rock in addition to the surface coal mine and waste ash disposal USR-1160 was recorded on February 19, 1998 In conjunction with USR-1160 the BOCC approved a CD that included all the uses outlined in the USR-1160 Board Resolution This CD was approved on January 7, 1998 USR-1160 was partially vacated on December 17, 2023, no changes were made to the CD in 2023 The 1998 CD and USR-1160 both encumber the subject site USR-1160 is, required to be partially vacated, and a new CD is required for the property to the north where the surface coal mine, the waste ash, and the mine waste rock disposal No CD is required on _the subject property USR-1285 was approved by the Board of County Commissioners (BOCC) on November 1, 2000, and recorded July 30, 2001, under reception #2869949 USR-1285 is located on a 350 - acre parcel located just south of the subject site and was annexed into the Town of Keenesburg under Rattler Ridge Annexation recorded on December X16, 2021, reception #4785737 On August 24, 2016, USR14-0080 was approved by the BOCC for the Buffalo Ridge Landfill Waste Management of Colorado Inc , another solid waste disposal facility that included a Class II Oilfield Waste Disposal Facility, recorded Apnl 24, 2024, recepti,on,#4956567 _ USR14-0080 is located between the Waste Services Company landfill (USR-966) and the Coors Coal mine and waste ash disposal facility (ys,R-ii6o), Weld County Department of Planning Services staff sent notice to five (5) surrounding property owners ,within- five hundred (500) feet of the proposed USR boundary No wntten correspondence or telephone calls were received 1 r= The proposed use is in an area that can support this' Solar Energy 'Facility (SEF) and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility_ with surrounding land uses and the region D Section 23-2-220 A 4 -- That the uses which would be permitted will be compatible With future development of the surrounding area as permitted by the existing zonirig:and-with the future development as projected,by Chapter 22 of this Code'or master plans bf affected municipalities The site is located within the three (3),mile referral area of the Town of Keenesburg and also within the Town's Coordinated Planning Agreement Area (CPA) As,part of'the pre -application _ process the municipality was sent a Notice of Inquiry ,(NOI) form The Town of Keenesburg_ submitted a Notice of Inquiry (NOI) form dated December 3, 2024 that stated that the Town would like to pursue annexation of this property The Town also sent an email dated December 9, 2024 that states "Coors Energy CO reached out to us to get a Notice of Inquiry for',m signed for their solar energy project On this form, which we signed and returned;' we expressed interest in entenng into a pre -annexation agreement with,the applicant, so that there is no push back if and when the town would like to annex Today [12%9/24], we met with the applicants, and we agreed to work through this pre -annexation agreement following the issuance of the USR permit that they are requesting through the county They asked that I reach out to let you know of our discussion, in case`there is any hold up with the permit due to the indication that The Town of Keenesburg wanted to annex " On February 25, 2025 the Town of Keenesburg submitted referral, agency comments that stated "The Town of Keenesburg received an NOI in November 2024 and met with the applicants for this project on 12/9/24 to discusapossible interest in a pre -annexation agreement After reviewing this request, the Town of Keenesburg is no longer interested in pursuing a pre -annexation agreement and finds no conflicts with our interests " Per the October 2019 Keenesburg Land Use Plan future land use map the site is located within the Industrial land use designation 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 distract or a special flood hazard area identified by maps officially adopted by the county The property is not located within any overlay district officially adopted by the County, including the A-P'(Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, or Special Flood Hazard Area Building Permits issued on the lot will be required to adhere to the fee structure of the County- wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The site consists of about one hundred forty-seven (147) acres of soils designated as "Farmland of Statewide Importance" Osgood sand low slopes (0-3%), ten (10) acres of soils designated as "Farmland of Local Importance" Valent sand low slopes (0-3%), and thirty-seven (37) acres of sods designated as "Not Prime Farmland" Valent sand moderate slopes (3-9%) per the USDA Natural Resources Conservation Service (NRCS) Custom Soil Report The facility is about forty (40) -acres in size and is pnmanly on Osgood sand which is "Farmland of Statewide Importance " The proposed use is temporary, and soils will not be unduly removed from the property After the lease period, the land will be able to be returned to historic uses G Section 23-2-220 A 7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility This recommendation is based, in, part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall submit and receive approval for a new Certificate of Designation (Department of Planning Services) B The applicant shall submit and receive approval for a partial vacation of USR-1160 (Department of Planning Services) C The applicant shall submit the new deed showing that the boundary between Section 25 and Section 36 has been adjusted to place USR-1160 for the coal mine and waste disposal site on a separate parcel from the Solar Energy Facility (Department of Planning Services) D The applicant shall acknowledge the comments from the Division of Water Resources, as stated in their referral dated March 4, 2025 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) E If water is utilized for dust abatement or dunng the operation of the SEF, the applicant shall provide a legal source of water for these uses Per the referral comments from the Division of Water Resources, dated March 4, 2025 well permit no 75493 may not be used for dust control or other water demands associated with the Solar Energy Facility (Department of Planning Services) F The applicant shall acknowledge the comments from the Colorado Parks and Wildlife, dated February 12, 2025 Wntten evidence of such shall be submitted to the Weld County'Department of Planning Services (Department of Planning Services) < , , G The applicant shall acknowledge the comments from the Public Service Company of Colorado (Xcel), dated February 18, 2025 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) H The map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR24-0027 , (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) , n, , 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 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 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, it applicable Include specification details on the USR map Refer to Section 23-2-240,A 13 of the Weld County Code for design cntena (Department of Planning,Services) , , 8) Show and label any on -site lighting, if applicable All, lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties Include lighting specification details on the USR map Refer to Section 23-2-250 D of the Weld County Code for design criteria (Department of Planning Services) 9) Show and label any planned oil and gas surface development' areas, corridors, access roadways, for example, part of any executed Surface Use Agreement (Departrrkent of Planning Services) 10) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number and recording date (Department of Planning Services) 11) County Road 61 is an unmaintained section line, right-of-way The applicant shall verify and delineate on the map the unmaintained right -of -way -from ,the parcel to and including the connection to CR 59 Reference the documents creating the right-of-way All setbacks shall be measured from the edge of right-of-way This road' is not maintained by Weld County Any unmaintained road needs to be located/identified in relationship to the right-of-way Show and label the section line Right -of -Way as "CR 61 Section Line Right-of-way, not County maintained" (Development Review) 12) This portion of County Road 59 is under the jurisdiction of the Town of Keenesburg Please contact the municipality to verify the right-of-way Show and label the nght-of-way Show the approved access on the site plan and label with the approved access permit number if applicable (Development Review) 13) Show and label the drainage flow arrows (Development Review) 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 USR map along with all other documentation required as Conditions of Approval The USR shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The USR map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional three (3) month period (Department of Planning Services) 4 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any budding 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 secunty 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 If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) C The applicant shall submit the Interconnection Agreement (Department of Planning Services) Motion seconded by Barney Hammond VOTE For Passage Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Against Passage Absent Michael Biwer 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, Knstine 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 May 6, 2025 Dated the 6. of May, 2025 45tiiean,A.,a[e4, Knstine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Coors Energy Company USR24-0027 A Use by Special Review Permit, USR24-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone Distnct, 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 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 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 budding permit or commencement of, use, whichever occurs sooner Dead or diseased plant matenals 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 electncal cables on the improved area shall be buned, except for direct current stung 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) 12 Fencing The SEF shall be enclosed with a,security fence as approved pursuant to the Fencing Plan shown heron Appropnate signage shall be placedupon 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 Cntena pursuant to,Chapter 8, Article XI, of 'this Code Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the sod under the collectors is designated hydrologic A or B sod 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) c 14 Access permit Pnorto constructionrof 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 irngation systems The nature and location or expansidn 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 Any work that may occupy and or encroach upon any County rights -of -way or easement, to include traffic use, shall acquire, an approved Right -of -Way Use Permit pnor to, commencement (Development Review) , 24 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 25 The historical flow patterns' and runoff amounts on the site will be maintained (Development Review) 26 Dunng construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against, surface and groundwater contamination (Department of Public Health and Environment) 27 During construction, no permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically,excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment) 28 Dunng construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 29 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 30 Dunng construction, adequate toilet facilities and handwashing units shall be provided Portable toilets shall,be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from public view, and removed when construction is completed (Department of Public Health and Environment) 31 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 32, Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and , structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International 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 Engineenng 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 Building Inspection) 33 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 34 All, buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 35 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 36 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and ` Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carved 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 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 penod of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 41 In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten (10) days prior to the hearing If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated Summary of the Weld County Planning Commission Meeting Tuesday, May 6, 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: Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Virginia Guderjahn Absent: Michael Biwer Also Present: Diana Aungst, Molly Wright, and Angela Snyder, Department of Planning Services; Mike McRoberts and Aaron Maurice. Development Review; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location U S R24-002 7 Coors Energy Company, c/o ENGIE Distributed Renewables Development, LLC Diana Aungst Use by Special Review for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Part of the N1/2 of Section 36, Township 3 North, Range 64 West of the 6th P M., Weld County, Colorado. East of and adjacent to County Road 59; approximately 0.6 miles north of County Road 26 (section line). Diana Aungst, Planning Services, presented Case USR24-0027, reading the recommendation and comments into the record. Ms. Aungst noted that no written correspondence or telephone calls were received from the surrounding property owners regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Aaron Maurice. Development Review, reported on the existing traffic, access to the site and drainage conditions for the site. John Heule, SWCA Environmental Consultants, 295 Interlocken Blvd, Broomfield, Colorado, introduced the team of applicants. Navya Gundeti, ENGIE Distributed Renewables Development, LLC, 233 Sunny Slope Ave, San Jose, California, stated that ENGIE is the Number 1 distributed energy storage company in the United States. She provided a portfolio of the Company and their locations. She added that the headquarters are located in Houston, Texas. Benjamin Moline, Coors Energy Company, 523 High Point Drive, Golden, Colorado, stated that this project is an offshoot of Senate Bill 21-261 which allows for virtual net metering. They looked at the possibility of implementing that bill to support the Golden Brewery, which is the largest brewery in the United States. Mr. Moline said that this was opened in the 1970s in response to the energy crisis to start mining coal and take it to Golden to support Golden operations. They ended coal production in the 1980s but maintained the two pits that were developed for fly ash disposal until March of 2016. In 2016 worked with DRMS to return the site to its original topography and vegetation. He added that this site is still in reclamation. Mr. Moline added that DRMS has stated that this site would pull the solar field out of reclamation because it is an approved alternative use. Because of the historic two pits that don't allow ground penetration there are limited opportunities for future agricultural or ranching uses; therefore, this is a great opportunity to continue the legacy of energy development. 1 Mr Heule said that this project will generate approximately 7 2 MW and will encompass about 42 acres of the 194 acre parcel It will interconnect into an existing 12 47 kV overhead electric line that intersects the project Construction is expected to occur over 6 months later this year and the haul route will follow I-76 to County Road 59 The project's anticipated life span is 28 5 years Commissioner Hammond asked if they will have a buffer from the plugged and abandoned wells within the site Ms Aungst said that according to the Weld County Code, there are buffers to active wells and also a 50 foot buffer for plugged and abandoned wells for structures that are occupied She added that since solar does receive a budding permit but it is not technically considered a structure that is occupied, we don't have anything in the code that requires a setback, but it is extremely wise to leave at least a 50 foot radius around those wells in case they need to get into that well Mr Moline appreciated the information and added that they will review the drawings to ensure the correct setbacks Commissioner White asked if there will be battery storage on site Mr Moline replied no 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 USR24-0027 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 Palizzi, Seconded by Barney Hammond Vote Motion carved by unanimous roll call vote (summary Yes = 5) Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wades, Virginia Gudegahn Meeting adjourned at 4 00 p m Respectfully submitted, 42X14ant-, Aetthiru Kristine Ranslem Secretary 2 ATTENDANCE RECORD .ADDRESS NAME - PLEASE PRINT LEGIBLY EMAIL John Doe 123 Nowhere Street, City, State, Zip C . r ic--. ;O. ite ear first.,_ Fel, / O FCgh 2-Icy3�/ &Ft C, p /• . 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