The URL can be used to link to this page

Browse Search

Home My WebLink About20233525.tiff ✓ate 1p< 1I! r LAND USE APPLICATION U� L couTY SUMMARY Planner: Kim Ogle Hearing Date: November 7, 2023 Case Number: 1 MJUSR23-22-0027 Property Owner: CBEP Land 2 LLC, 4845 Pearl East Circle, Suite 118, Boulder, CO 80301 Applicant: CBEP Solar 9, LLC, and ECA CO Lead c/o Zach Brammer, P.O. Box 1255, Sterling, CO 80751 Request: Site Specific Development Plan and Amended Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)Zone District. Legal Part E2NW4 and Part W2E2SW4 of Section 34, T6N, R65W of the 6th P.M., Weld Description: County, Colorado Location: South of and adjacent to County Road 64, approximately 1320 feet east of County Road 43 Size of Parcel: ± 112.81 acres Parcel No. 0803-34-2-00-006 Size of SEF Area: ± 50.116 acres The criteria for review of this Use by Special Review Permit 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: • Weld County Department of Planning Services—Development Review, referral dated August 8, 2023 • Weld County Department of Public Health and Environment, referral dated August 14, 2023 • Colorado Division of Water Resources, referral dated August 22, 2023 • City of Greeley, referral dated August 22, 2023 • Public Service of Colorado (Xcel Energy), referral dated August 25, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriff's Office, referral dated August 2, 2023 • Weld County Office of Emergency Management, referral dated August 2, 2023 • West Greeley Conservation District, referral dated August 14, 2023 • Weld County Oil and Gas Energy Department, referral dated August 18, 2023 The Department of Planning Services' staff has not received responses from the following agencies: • Noble Energy, Inc. • DCP Midstream, LP • Greeley Fire Department 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 1 of 13 • Colorado Parks and Wildlife • Sand Creek Short Line Ditch • Greeley-Weld County Airport Authority • Weld County Department of Planning Services—Code Compliance • Weld County Department of Planning Services—Floodplain Administrator Case Summary: The applicant, CBEP Solar 2, LLC was approved by the Board of County Commissioners on January 4, 2023 to construct two (2) Solar Energy Facilities (SEF) adjacent to each other on the same one hundred twelve (112) acre parcel. Bickling 1 is a 2.375-megawatt (MW) Solar Energy Facility and Bickling 2 is a 1.00-megawatt(MW)Solar Energy Facility. The two (2)SEFs have a footprint of approximately 35.6 acres all within a 112-acre parcel. The applicant, CBEP Solar 9, LLC, and ECA CO Lead are proposing to construct and operate the Sand Creek Solar Facility. The new facility will be a 2.5 megawatt ac in addition to the currently permitted 3.375- megawatt ac community solar garden on approximately 35.7 acres of an 112.81 acre parcel. The 112 acre parcel if approved will have three solar energy facilities with a foot print of 71.31 acres. The CBEP Solar 2, LLC facility will consist of 6,370 solar modules mounted about five (5) feet above the existing grade on single-axis trackers, which allow the panels to track the sun from east to west over the course of the day. The project will also include inverters mounted on steel posts or beams, concrete-pad mounted transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates. The site will be visited for bi-annually for routine maintenance of both equipment and vegetation. The facility is remotely monitored 24/7 by full time staff. The property is currently vacant land, with no irrigated agriculture or water rights, and was previously used for oil and gas production. Disturbed areas will be re- vegetated using a native habitat mix, which will be maintained by vegetation experts to facilitate thriving and establishment of cover. Area lighting is not proposed for the facility. The code requires landscaping and screening or waivers from the affected property owner if the site is within 500 feet of a residence. This site is located within 500 feet of one (1) residence adjacent to the north of the site. There was an opaque fence proposed under USR22-0027 for the south and east property lines of the parcel located in the northwest quadrant. The remaining project area will be surrounded by a 7-foot- tall game fence. CBEP Solar 9, LLC, and ECA CO Lead will either get waivers from the nearby residences or plant Rocky Mountain Junipers along the outside of the western fence line to provide natural screening for nearby residences. A Decommission and Reclamation plan was submitted with the application materials. DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-4-1030.B 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. 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." 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 2 of 13 This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions directly support economic prosperity. This Solar Energy Facility, being a power- generating facility,will add variety,stability and redundancy to the existing electrical grid.Traditional energy resources are tied to commodity markets and can vary in demand and output. This facility can complement and support the economy during times of fluctuating oil and gas activity. Section 22-2-30.C. states: "Harmonize development with surrounding land uses." The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. There is one residence that is less than five hundred (500) feet from the facility. The applicant will either get a waiver from the nearby residence to the west or plant Rocky Mountain Junipers along the outside of the western fence line to provide natural screening for the nearby residence. 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 66.52 acres of a 152.27 acre parent parcel. The proposal meets the intent of A(Agricultural)Zone District as the facility will produce energy and will not interfere with adjacent agricultural operations. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The properties adjacent to the parent parcel are zoned A (Agricultural) and the land uses include pastureland, production agriculture and rural residences. Weld County Department of Planning Services staff sent notice to thirteen (13) surrounding property owners who own the thirteen (13) adjacent properties within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 3 of 13 There are sixty-six(66)USRs within one(1)mile of the site with the predominate uses being energy development, aggregate mining,transmission line corridors, solar facilities and animal confinement facilities. The Greeley Weld County Airport is located approximately 4000 feet to the east and immediately adjacent to the south. Based on the referral agency responses and the location of the site the SEF the proposed use is in an area that can support this development. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding and uses and the region. D. Section 23-2-220.A.4--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 designated as an Opportunity Zone on the Weld County Comprehensive Plan. The site is located within the three (3) mile referral area of the City of Greeley and within the three (3) mile referral area and the Coordinated Planning Agreement area for the Town of Kersey. The 2060 Comprehensive Plan Land Use Guidance Map identifies the proposed SEF within the defined boundary of the Northeast Industrial Area. The 2021 Zoning Map identifies this property to be outside of the current corporate boundary. The 2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62. This property is located on County Road 66 and is therefore outside of Kersey's Future Land Use Planning Area. The City of Greeley in their referral of August 22, 2023, stated "The subject site is located within Greeley's Long Range Expected Growth Area the area in which the community anticipates annexation and urban development to occur in the future. And included an advisory comment "The City of Greeley has not established regulations regarding solar development." 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 within the Airport Overlay District. The proposed SEF complies with the height limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations. Further, the proposed SEF will not create electrical interference, include any lights, result in any glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise interfere in any way with the operations of the Airport as required by Chapter 23, Article V, Section 23-5-40, use restrictions. The applicant will be required to file with the Federal Aviation Administration, who will ensure that the proposed SEF fully complies with FAA requirements for the Greeley-Weld County Airport. The property is not within the 1-25 Overlay District, Special Flood Hazard Area, Geologic Hazard Overlay District, MS4- Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility will be located on Dacono clay loam soils which are classified with an C rating per the soil report dated June 22, 2023, from the Natural Resource Conservation Service Soil Survey. 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 4 of 13 These have a high infiltration rate and low runoff potential. The land is classified as prime farmland, if irrigated. The land is and has been irrigated up until 2015 when a permanent Dry-Up Covenant and Easement was recorded under reception no. 4145503. The current property owner as successor will continue to maintain the dry-land native grasses and will reseed as required for re-vegetation purposes not only the area under the solar panels but the entire parcel per the covenant. The applicant indicates that the land will continue in agricultural production if the site is decommissioned. Per the application materials the property owner stated that there are no water rights associated with the land. 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. The applicant shall acknowledge the advisory comments Public Service of Colorado,as stated in the referral response dated August 25, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall acknowledge the advisory comments of the Colorado Division of Water Resources, as stated in the referral response dated October 7, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a dry land seed mix, acceptable per the dry-up covenant and easement requirements for review and acceptance. (Department of Planning Services) D. The applicant shall submit a landscape maintenance plan aimed at retaining the desired vegetation while keeping the property free of noxious weeds. (Department of Planning Services) E. The applicant shall submit a fencing plan for review and acceptance if not utilizing the perimeter game fence with gates as stated in the application materials. (Department of Planning Services) F. The applicant shall submit to the Department of Planning Services any screening waivers from residents within five hundred (500)feet. If waivers are not obtained opaque screening is required 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 5 of 13 per the accepted Department of Planning Services Landscape and Screening plan (Department of Planning Services) G. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to the west and north, the applicant shall submit an irrigation plan to the Department of Planning Services for review and acceptance. (Department of Planning Services) H. 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) I. 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) J. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0027(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. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services- Floodplain) 6. 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) 7. 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) 8. 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. 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) 10. Planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement, if applicable. (Department of Planning Services) 11. Screening plan for residences within five hundred (500)feet, unless a waiver from the resident has been supplied to the Department of Planning Services. (Department of Planning Services) 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 6 of 13 12. CR 64 is a paved 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 or plat 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) 13. This portion of County Road 62 is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Development Review) 14. Show and label the proposed access point onto CR 64 and the usage type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. (Development Review) 15. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Development Review) 16. Show and label the drainage flow arrows. (Development Review) 17. If applicable, 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) 18. 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 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 approved access and tracking control shall be constructed prior to on-site construction. (Development Review) 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 7 of 13 C. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Development Review) 5. The Use by Special Review Permit 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 plat 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) 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 8 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CBEP Solar 9, LLC, and ECA CO Lead 1 MJUSR23-22-0027 1. Site Specific Development Plan and Amended Use by Special Review Permit, 1 MJUSR23-22-0027 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. 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 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. 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) 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 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 9 of 13 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. 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) 18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 19. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year whichever occurs sooner. (Department of Planning Services) 20. The property owner shall maintain compliance with the Dry-Up Covenant and Easement recorded September 28, 2015, under reception no. 4145503, at all times. (Department of Planning Services) 21. 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) 22. 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) 23. 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) 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 10 of 13 24. 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) 25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. (Department of Public Health and Environment) 26. 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. 27. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 28. 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) 29. 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) 30. 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) 31. 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) 32. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement(Development Review) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 34. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 35. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 36. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 39. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 11 of 13 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 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. 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. 42. 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, 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. 43. 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. 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 from 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. 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 12 of 13 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 from 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 fire. 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, sand burs, 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. 1MJUSR23-22-0027 I CBEP Land 2, LLC Page 13 of 13 DEPARTMENT OF PLANNING SERVICES ti B 1402 North 17th Ave Greeley, CO 80631 Website:www.weld.gov . j N -Y Email: kogle@weld.gov Phone: (970)400-3549 Fax: (970) 304-6498 September 26, 2023 Brammer Zachary PO Box 1255 STERLING, CO 80751 Subject: 1 MJUSR23-22-0027 - A Site Specific Development Plan and Use by Amended 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: Part of the E1/2 NW1/4 and Part of the W1/2 E1/2 SW1/4 OF Section 34, Township 6 North, Range 65 West of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 7, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 13, 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, Kim Ogle Planner Hello