HomeMy WebLinkAbout20232840.tiffLAND USE APPLICATION
SUMMARY
Planner: Kim Ogle Hearing Date: September 5, 2023
Case Number: USR23-0021
Property Owner: David I. Weinmeister, 23041 County Road 54, Greeley, CO 80631
Applicant: CBEP Solar 30, LLC
do Zach Brammer, P.O. Box 1255, Sterling, CO 80751
Request: Site Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal Lot B, RE -4137 being part of the S2SW4 of Section 24, T5N, R65W of the 6th P.M.,
Description: Weld County, Colorado
Location: North of and adjacent to County Road 54, east of and adjacent to County Road 47
Size of Parcel: ± 74.29 acres Parcel No. 0961-24-3-00-036
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:
• City of Greeley, referral dated May 25, 2023
• Town of Kersey, referral dated June 13, 2023
• Colorado Parks and Wildlife, referral dated June 21, 2023
• Weld County Department of Planning Services — Development Review, referral dated June 22, 2023
• Weld County Department of Public Health and Environment, referral dated June 22, 2023
• Public Service of Colorado (Xcel Energy), referral dated July 6, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sheriff's Office, referral dated June 13, 2023
• Weld County Department of Planning Services — Code Compliance, referral dated June 13, 2023
• Colorado Division of Water Resources, referral dated June 15, 2023
• City of Evans, referral dated June 15, 2023
• Weld County Oil and Gas Energy Department, referral dated June 22, 2023
• LaSalle Fire Department, referral dated June 25, 2023
• Central Weld County Water District, referral dated July 7, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
• Noble Energy/Chevron
• Weld County RE -6 Schools
• Greeley Weld County Airport
• West Greeley Conservation District
• Weld County Office of Emergency Management
• USDA - Natural Resources Conservation Service
Case Summary:
The applicant, CBEP Solar 30, LLC is proposing to construct and operate the Island Grove Solar Facility.
The facility will be a 3.7 -megawatt ac community solar garden that is part of the Xcel Energy Solar'Rewards
Community program. The facility footprint is on approximately 23.21 acres of a 74.29 acre parcel The
facility will consist of 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 land is currently and has been historically used for crop
production. The landowner will continue using the water rights associated with the project parcel on their other
land. IN allocating a portion of this land to the solar development, the property wil be better able to allocate water to
the remaining agricultural lends under ownership. 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 four (4) residences. Of the four (4)
residences, two (2) residences are owned by the applicant with all located to the west of the site. The
Project will be surrounded by a 7 -foot -tall game fence. CBEP Solar 30, LLC 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 residence.
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] shell 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
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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 are four (4) residences that are less than five hundred (500) feet from
the facility. Of the four (4) residences, two (2) residences are owned by the applicant. 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 (SEF'S), 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 23.21 acres of a 74.29 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
oil and gas infrastructure, pasture, production agriculture and rural residences. Weld County
Department of Planning Services staff sent notice to eight (8) surrounding property owners who
own the fourteen (14) adjacent properties within 500 feet of the proposed USR boundary. No written
correspondence or telephone calls were received.
There are thirteen (13) USRs within one (1) mile of the site. USR-1413 for a Paintball Facility,
MUSR13-0004 for a Guest Farm and School and SUP -457 for a 300 head dairy are located to the
north, 1MUSR18-12-0074 for a Natural Gas Liquids Pump Station, USR18-0056 for a 20 -inch HP
Gas Line, USR11-0024 for a 12-nch HP Gas Line, USR-517 Agricultural Chemical Supply company
and USR15-0052 for a Contractor's Shop are located to the east. USR15-0063 for Oil and Gas
Support and Service, MUSR13-0002 for a Natural Gas Processing plant, USR18-0129 for a
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Compressor Station, USR19-0008 for a 24 -inch HP Gas Line and USR-1478 for a contractors shop
are located to the south of the site.
Surrounding property owners were contacted by the applicant. Some have requested screening
and others desire no screening. The County also notified these property owners, and no additional
comments were received.
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 solar energy facility is proposed to be less than one hundred sixty (180) acres in the near- urban
area, so it does not require a 1041 review.
The site is designated as an Opportunity Zone with thirteen (13) percent of the site holding this
designation on the Weld County Comprehensive Plan.
The site is located within the three (3) mile referral area for the Town of Kersey, City of Evans and
City of Greeley and Coordinated Planning Agreement area for the City of Evans and Town of
Kersey. The Town of Kersey returned their referral response dated June 13, 2023 stating the
properly is within Kersey's planning area and the Town would requests annexation. The property
owner met with Town representatives and the applicant on June 22, 2023. Planning staff received
an email from the representative for the applicant stating that annexation at this time would not be
pursued. The City of Evans and the City of Greeley returned their referral dated June 15, 2023 and
May 25, 2023 respectively stating they had reviewed the request and find no conflicts with their
interests The applicant was encouraged to contact the Town of Kersey, to discuss annexation.
The site is within the Kersey Influence Area and defined as Undetermined Use as delineated in
the 2018 Kersey Comprehensive plan. Undetermined Use areas are located outside the Urban
Growth Areas. At this time, agriculture and agriculture -related businesses are the primary land
use. It will be sometime before infrastructure can support urban -level development in these areas.
Future land use will be determined in cooperation with the landowners at the time of
development.
The City of Evans stated the property is outside their Future Land Use Plan as delineated in the
2014 Comprehensive plan. The City of Greeley stated the subject site is located outside of
Greeley's Long Range Expected Growth Area (LREGA), the area in which the community
anticipates annexation and urban development to occur in the future. We do not have any
cornmeets to contribute currently.
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 and outside of the Special Flood Hazard Area, l-
25 Overlay District, the Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District, Building
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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 Aquolls and Aquents, gravelly substratum, poorly drained and
classified with a D rating, Dacono clay loam, Nunn clay loam and which are classified with an C
rating per the soil report dated October 8, 2021, from the Natural Resource Conservation Service
Soil Survey. These loam soils 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 since the mid 1980s.
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 water rights associated with
the land. The property owner requests consideration to lease part of the land for solar because it
will decrease the water demand and will generate money from the solar lease and lower the water
costs.
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 address the requirements of Xcel Energy a Public Service of Colorado Company,
as stated in the updated referral response dated July 6, 2023. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Xcel Energy — Public Service of
Colorado)
B. The applicant shall acknowledge the advisory comments of Colorado Parks and Wildlife, as stated
in the referral response dated June 21, 2023. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Colorado Parks and Wildlife)
C. The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy
Department as stated in their referral dated June 22, 2023. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Weld County Oil and Gas Energy
Department)
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D. 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
per the accepted Department of Planning Services Landscape and Screening plan. (Department
of Planning Services)
E. 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)
F. 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)
G. 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)
H. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties
to the east and south, the applicant shall submit an irrigation plan to the Department of Planning
Services for review and acceptance. (Department of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0021 (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 23-3-30.6
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)
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9. 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)
10. 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)
11. CR 54 is a paved road and is designated on the Weld County Functional Classification Map as an
arterial road which requires 140 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)
12. CR 47 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 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. Show and label an approvable access point onto a County maintained road 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)
14. Show and label the drainage flow arrows. 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)
15. 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 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)
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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)
D. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan. (Department of
Planning Services)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP Solar 30, LLC
USR23-0021
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0021 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.
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
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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 (MRCS).
(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 S 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 colcrod 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. 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)
21 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)
22. 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)
23. 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
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public view, and removed when construction is completed. (Department of Public Health and
Environment)
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
25. 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.
26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S.
27. 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)
28. 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)
29. 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)
30. 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)
31. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
32. Prior to the release of building permits, the applicant shall be required to submit a complete access
application for a "preliminarily approved" access location as shown on this plan. (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.
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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 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 vecated.
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 eouipmcnt; 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. shouting 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
USR23-0O05
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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 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.
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DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
August 7, 2023
Brammer Zachary
PO Box 1255
Sterling, CO
Subject: USR23-0021 - A Site Specific Development Plan and Use by Special Review Permit for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
On parcel(s) of land described as:
LOT B REC EXEMPT RE -4137; BEING PART S2SW4 SECTION 24, T5N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 5, 2023 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
October 4, 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 O
Planner
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