HomeMy WebLinkAbout20230192.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: August 23, 2022
SUBJECT: USR22-0024 Lytle Farms SEF
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: 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.
This project is north of and adjacent to CR 66 and is east of CR 43.
Parcel number: 080322300023 Lot B FFD21-0008.
Access is onto CR 66 (AP21-00049 Oil and Gas).
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed that the existing permitted access onto CR 66 be used for this project. (AP21-
00049 Oil and Gas) No other access point is requested. The applicant shall obtain an access permit for
the proposed type of use.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
CR 66 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. 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. If the right-of-way cannot be verified
it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the
required setback is measured from the future right-of-way line. Be aware that physical roadways may not
be centered in the right-of-way. This road is maintained by Weld County.
It is noted that portions of CR 66 are proposed for realignment. This may involve right-of-way acquisition
and could impact the access.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The most recent traffic counts (2022) for this portion of CR 66 found the annual average daily traffic is 558
vehicles per day with 48% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 10-15
vehicles per day of which 2 may be heavy vehicles and that the operation traffic would be 12 vehicles per
year.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Public Works for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (Construction)
Public Works is requesting a Road Maintenance Agreement for Construction including, but not limited to,
dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for Non -
urbanizing areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
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 USR map shall be amended to delineate the following:
1. CR 66 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 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)
2. Show and label the approved access location, approved access width and the appropriate turning
radii on the USR map. The applicant must obtain an updated access permit in the approved location
prior to construction (Development Review)
3. 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)
4. 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)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
Prior to Construction:
A. The approved access and 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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. 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)
2. 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)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
6. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County Drainage Code
Certificate of Compliance
Weld County Case Number:
Parcel Number: 080322300023
Legal Description, Section/Township/Range: NE 1/4 of SW 1/4 of S22 T6N R65W
Date: September 12, 2022
I Kenneth J. Clifford , Consultant Engineer for Lytle Farms Community Solar LLC A licant � pp , }
understand and acknowledge that the applicant is seeking land use approval of the case and parcel in the description above.
I have designed or reviewed the design for the proposed land use set for in the application. I hereby certify, on behalf of the
applicant, that the design will meet all applicable drainage requirements of th d County Code with the exception of the
variance(s) described on the attached exhibits. This certification is notRolet9- ant either ex ressed or im lied.
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Engineer's Stamp:
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Variance Request {If Applica
1. Describe the hardship for which the variance is being requested.
2. List the design criteria of the Weld County Code of which a variance is being requested.
3. Describe the proposed alternative with engineering rationale which supports the intent of the Weld County Code.
Demonstrate that granting of the variance will still adequately protect public health, safety, and general welfare and
that there are no adverse impacts from stormwater runoff to the public rights -of -way and/or offsite properties as a
result of the project.
Engineer of Record Signature
After discussions with Melissa Kin at Weld Count , due to the low increase in
imperviousness and flow rates and all runoff will be directed within the same parcel, detention
and water will not_be required. Therefore, we will be applying for a variance for section
8-11-40 of Weld County's code. A small diversion berm will be provided along the west
property line to keep runoff on the owners developed parcel. The proposed development will
not alter historic drainage patterns and adjacent and downstream pro el o ers a , t of
says should not be affected.
•
/vie/issq c% kin
Public Works Director/Designee Names
/0/571te e Z. --
Date of Signature
Comments:
Public Works Director/Designee Review If A licabie
Signature
h
Approved O Denied
Department of Public Works I Development Review
1111 H Street, Greeley, CO 80631 I Ph: 970-304-6496 I www.weldgov.com/departments/public_works/development_review
08/02/2019
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: August 22, 2022
Re: USR22-0024 Applicant: Lytle Farms LLC, c/o BecLee Solar LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction.
We recommend the following requirements are incorporated into the permit as development
standards:
1. 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.
2. 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.
3. 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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
5. 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.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR22-0024
Associated Parcel: 080322300023-R8973454
OGED Reviewer: Jennifer Teeters
Review Date: 8/30/2022
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes two (2) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-13430
Noble Energy Inc
Johnson #E22-11
TA
05-123-13856
Noble Energy Inc
Johnson #E22-14
TA
3. The parcel includes one three (3) plugged and abandoned (PA) wells listed in Table 2 below
as well as one (1) abandoned location (AL). Additional information regarding these plugged
and abandoned wells is available from the Colorado Oil and Gas Conservation Commission
(COGCC). OGED recommends that the Applicant review this information and contact the
responsible operator regarding well infrastructure that may have been abandoned in place
prior to conducting operations in proximity to the wells.
API
Operator
Well Title
Well Status
05-123-12794
Petro -Canada Resources (USA) Inc
Johnson #1-22
PA
05-123-14195
Petro -Canada Resources (USA) Inc
Johnson #2-22
PA
05-123-26604
Noble Energy Inc
Johnson #22-341
PA
05-123-13440
Bristol Production Inc
Johnson #22-22
AL
4. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Diana Aungst
From: Roy Rudisill
Sent: Monday, September 19, 2022 10:51 AM
To: Diana Aungst
Cc: hkane@eatonfire.org
Subject: RE: USR22-0024 Solar Facility
Hi Diana, yes OEM would require an emergency plan and would like to make sure they coordinate with Eaton Fire
District on the planning as well.
Let me know if you need any additional information.
Roy Radish', Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Diana Aungst <daungst@weldgov.com>
Sent: Thursday, September 15, 2022 11:44 AM
To: Roy Rudisill <rrudisill@weldgov.com>
Subject: USR22-0024 Solar Facility
Hi Roy:
Please let me know if you have any comments on this USR.
To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to
weldgov.com > departments > planning and zoning > online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case #USR22-0024, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
Thanks,
Diana Aungst
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Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Submit by Email
Weld County Referral
Y
August 16, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lytle Farms LLC, c/o BecLee Solar LLC Case Number: USR22-0024
Please Reply By: September 13, 2022 Planner: Diana Aungst
Project: 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.
Parcel Number: 080322300023-R8973454 Legal: LOT B OF FAMILY FARM DIVISION FFD21-0008
BEING PART OF THE SW4 SECTION 22, T6N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 66 and approximately 0.25 miles east of CR 43
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
r✓
We have reviewed the request and find that it does /does not comply with our
Comprehensive Plan because: *Please see note below.
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Meghan Simonds 09/01/2022
Signature Date
Agency City of Greeley
The subject site is located within the City of Greeley's Long Range Expected
Growth Area (LREGA), the area in which the community anticipates annexation
and future development. The subject site is currently zoned as Urban Reserve in
our Comprehensive Plan.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Diana Aungst
From: Meg Simonds <Meg.Simonds@Greeleygov.com>
Sent: Thursday, September 1, 2022 5:54 PM
To: Diana Aungst
Cc: Logan Glewen
Subject: Case # USR22-0024 (REF2022-0033)
Attachments: REFERRAL FORM_220901.pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Diana,
Please find attached the referral form for Case #USR22-0024. The subject site is located within the City of Greeley's Long
Range Expected Growth Area (LREGA), the area in which the community anticipates annexation and future
developments. The subject site is currently zoned as Urban Reserve in our Comprehensive Plan and therefore our review
finds this request to be in compliance.
Please let me know if you have any questions.
Thank you for the opportunity to review the project.
Best,
Meg
"Greeley
e
Meg Simonds
Planner II
Community Development I Long Range Planning Division
1100 10th Street
Greeley, CO 80631
P: 970.350.9824 I Meg.Simonds@greeleygov.com
www.greeleygov.com
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Hello