HomeMy WebLinkAbout20233149.tiffPlanner:
Case Number:
Owner:
LAND USE APPLICATION
SUMMARY SHEET
Chris Gathman Hearing Date: October 3, 2023
USR23-0033
John Scott Byrnes Trust
46246 County Road 13
Fort Collins, CO 80524
Applicant/Authorized CBEP Solar, LLC 28 C/O Zach Brammer
Agent: P.O. Box 1255, Sterling, CO 80751
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review permit for a 1.5 MW
Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
N2SW4 of Section 7, T8N, R67W, of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 13 and approximately 2,600 feet south of
County Road 96.
Size of Parcel:
± 79.19 acres (solar
facility will encompass +-
19.48 acres)
Parcel No. 0555-07-0-
00-022
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department
➢ Weld County Department
➢ Weld County Department
of Public Health and Environment, referral dated July 24, 2023
of Planning Services — Development Review, referral dated July 20, 2023
of Building Inspection, referral dated July 14, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Department of Transportation, referral received August 15, 2023
➢ Larimer County Planning, referral dated August 1, 2023
➢ Weld County Sheriff's Office, referral dated July 17, 2023
➢ West Greeley Soil Conservation District, referral dated August 14, 2023
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Page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Office of Emergency Management
➢ Weld County Department of Planning Services - Code Compliance
➢ Colorado Parks and Wildlife
➢ Nunn Fire Protection District
➢ RE -9 School District
Case Summary:
CBEP Solar 28, LLC is proposing to construct and operate a 1.5 MWac solar facility on 19.48 acres on a
parcel of approximately 79.19 acres. The application indicates that the project will consist of approximately 3,588
solar modules mounted approximately 5 -feet above grade on single -axis trackers which will allow the panels to
track the sun from east to west during the day. The proposed facility will also include f if teen (15) inverters
mounted on steel posts or beams, one (1) concrete -pad mounted transformer, other electrical equipment,
approximately five (5) utility poles that will connect to the existing XCEL distribution line ,an access road. No
battery energy storage facilities are associated with this request. One (1) temporary construction trailer and two
(2) 10 x 40 -foot storage containers are proposed to be on -site, during construction as well as during ongoing
operations of the facility. During construction, a laydown area will be located within the limits of the project
are will items associated with the project during construction. The solar site will be enclosed by a game fence
that is at least 7 -feet high. The applicant plans to plat a native seed mixture on the property and will utilize
sheep grazing (up to 500 sheep) to maintain the height of the vegetation. During operations, two (2) to four (4)
employees would visit the site for maintenance (approximately 2 times a year).
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. 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 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have
a significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions
directly support economic prosperity. This Solar Energy Facility, being a power- generating facility,
will add variety, stability and redundancy to the existing electrical grid. Traditional energy resources
are tied to commodity markets and can vary in demand and output. This facility can complement
and support the economy during times of fluctuating oil and gas activity.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
The adjacent land will experience minimal impacts from the SEF. The facility is to be placed on
the far eastern end of the property and maximizes the setback to County Road 13.
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B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
This code section supports the installation of the subject Solar Energy Facility, which is an energy
development. The facility will provide power to be utilized by residences, businesses and
farming operations in Weld County.
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar
Energy Facilities (SEES), being more than five (5) acres in size but less than one -hundred
sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five
(5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on
Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being
located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the
Weld County Code, a "Solar Energy Facility" means: "a commercial facility whose primary purpose
is to supply electricity and consists of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and other appurtenant structures
and/or facilities." The SEF will encumber approximately nineteen and one-half (19.48) acres and
qualifies as an SEF USR.
This USR facility will also include two (2) storage containers for construction and operation
usage, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County Code. Also,
the applicant is also proposing a temporary construction trailer office during construction. Per
Section 23-4-190 of the Weld County Code: "a zoning permit shall not be required for a
manufactured structure in the A (Agricultural) Zone District if such structure is already shown
on an approved and recorded Use by Special Review map."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The solar energy facility
(SEF) is located approximately 2,000 -feet to the east. The closest residence is about 700 -feet
to the southwest.
There are ten (10) USRs within one mile of the site. Eight (8) USRs (USR-757, USR-758,
USR-761, USR-780, USR-781, USR-782, USR-783 and USR-784) were to allow a single- family
residence to be constructed under a code section that no longer is a part of the Weld County
Code. One of the USRs (USR-782) is located on the subject parcel. The two remaining USRs
are SUP -1 (400 -foot radio tower) and USR15-0054 (Excavation Business/Shop and Parking).
The Weld County Department of Planning Services sent notice to six (6) Surrounding Property
Owners (SPOs). No written response or phone calls have been received from SPOs regarding
this case.
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The applicant submitted documentation that they held a held a neighborhood meeting on
August 10, 2023, at the Greeley Recreation Center. There were no surrounding property
owners that attended this meeting.
The Development Standards and Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
D. Section 23-2-220.A.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 the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area nor within a Coordinated Planning
Agreement boundary of a municipality.
Larimer County Planning stated, in their referral received August 1, 2023, that Larimer County
Planning does not have any comments on this request.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 18.7% of the
site consists of (3-9% slope) Renohill-Shingle complex soils. The facility will be located in this
location on the property. This soil type is identified as "Not prime farmland". The applicant
proposed to plant a native seed mixture and graze sheep on the site to maintain
vegetation of a height of 18-22 inches.
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.
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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 (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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
C. The applicant shall acknowledge the comments of the Weld County Building Inspection Department
as stated in their referral received July 14, 2023. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
D. A Landscape and Screening Plan shall be submitted to and approved by the Department of Planning
Services that screens the site from the Surrounding Property Owners and rights -of- way.
(Department of Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0033 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
5. Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work 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 items are temporary for use during construction and which items are
permanent. (Department of Planning Services)
6. Required fencing, gates and any emergency and site identification signage, in accordance
with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. (Department
of Planning Services)
7. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays
will not shine directly onto adjacent properties. Include lighting specification details on the USR
map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department
of Planning Services)
8. Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
9. CR 13 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant
shall delineate and label on the site map the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical location of the road. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Development Review)
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10. Show and label the existing and proposed access point(s) onto CR 13 and the usage type(s)
(Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will
review the access location as a part of the plan submittal. (Development Review)
11. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
12. Show and label all recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number. (Department of Planning Services)
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 specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. The access permit shall be obtained, and an approved tracking control shall be constructed
prior to on -site construction. (Development Review)
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 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)
5. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP Solar 28, LLC
USR23-0033
1. A Site Specific Development Plan for a 1.5 MW 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 ap propriate zoning and building permits.
(Department of Planning Services)
5. The facility is unmanned and will operate year-round. 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 natural grade below each solar panel to the highest extent of the solar
panel rotation. (Department of Planning Services)
7. Glare. The SEF shall be 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. (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 f rom
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. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County
Code, as amended. (Department of Planning Services)
10. Underground cables. All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of
solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and
circuit voltages greater than 34.5 kilovolts (where necessary). (Department of Planning Services)
11. Fencing. The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing
Plan as presented in the application materials. Appropriate signage shall be placed upon such fencing
that warns the public of the high voltage therein. (Department of Planning Services)
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12. 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). (Department of Planning Services)
13. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article
XIV of Chapter 8 of this Code per Section 23-4-1030.C.8 of the Weld County Code, as amended.
(Department of Planning Services)
14. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.9
of the Weld County Code, as amended. (Department of Planning Services)
15. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. 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 ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning and reclamation. (Department of
Planning Services)
16. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department
of Planning Services)
17. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department
of Planning Services)
18. 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)
19. 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)
20. 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)
21. There shall be no parking or staging of vehicles on public roads. (Development Review)
22. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
25. 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)
26. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded f rom 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)
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27. 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)
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction and operation of the facility. (Department of Public Health and Environment)
29. 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)
30. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
31. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
33. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
35. 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)
36. 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.
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. All buildings shall comply with the setback from oil and gas wells per Section 23 -4-700, as
amended.
39. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations. (Department
of Planning Services)
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40. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld 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. (Department of Planning Services)
41. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
42. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated. The Director of Planning Services may grant an extension of time, for good cause shown,
upon a written request by the landowner.
43. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3)
consecutive years, the USE of the land changes or the time 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.
44. 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.
45. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
46. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize
and accept there are drawbacks, including conflicts with long -standing agricultural practices and a
lower level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
USR23-0033 - CBEP Solar 28, LLC — John Scott Byrnes Trust
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Agricultural users of the land should not be expected to change their long -established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor f rom animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers
in the fields, including the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water f rom
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols
of the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and f ire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they
are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self -sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR23-0033 - CBEP Solar 28, LLC — John Scott Byrnes Trust
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September 6, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
BRAMMER ZACH
PO BOX 1255
STERLING, CO
Subject: USR23-0033 - A Site Specific Development Review and Use by Special Review Permit for a
1.5MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
N2SW4 SECTION 7, T8N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 3, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on November 8, 2023 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
/C) '
Chris Gathman
Planner
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