HomeMy WebLinkAbout20233169.tiffRESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 2
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
54 19 acres and qualifies as an SEF USR
This USR facility will also include two (2) storage containers for construction and
operation usage, being Accessory Uses, permitted by Section 23-3-30 B of the Weld
County Code Also, the applicant is also proposing a temporary construction trailer office
during construction Per Section 23-4-190 of the Weld County Code "a zoning permit shall
not be required for a manufactured structure in the A (Agricultural) Zone District if such
structure is already shown on an approved and recorded Use by Special Review map "
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses
The immediately adjacent lands consist of pastures, crops, and rural residences The closest
residences are approximately 500-550 feet to the north and approximately 600-700 to
the south
There are three (3) USRs within one mile of the site USR21-0020 for a Solar Energy
Facility (this permit was approved on the neighboring parcel to the east), MUSR16-0008 (Oil
& Gas Support Service Facility for parking, staging, storage and maintenance for a tank and
water service trucking facility) and USR-995 (Oil & Gas Production Facility) is located
south of the site Sonny View Estates subdivision is located approximately 3,500 feet to
the southwest
The Weld County Department of Planning Services sent notice to twelve (12) Surrounding
Property Owners No surrounding property owner responses have been received
The applicant held a neighborhood meeting on August 10, 2023, at the Greeley
Recreation Center Two surrounding property owners attended the meeting A summary of
the conversation/discussion during the meeting was provided Items discussed included
impacts on property values and screening
RESOLUTION USR23-0032
McKee Ranch, LLLP do CBEP Solar 16, LLC
Page 3
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities
The site is not located within the Coordinated Planning Agreement Area (CPA)
The site is located within the three (3) mile referral areas of the City of Greeley and the
Town of Eaton The City of Greeley provided a referral response dated August 9, 2023
Greeley stated that the property is located within their Long Range Expected Growth
Area (LREGA) The property is identified as Urban Reserve on the LREGA map The City of
Greeley outlined development code chapters concerning setbacks and landscaping that
would apply if the project were annexed into the City of Greeley
The property is located just to the south of the Urban Growth Area for the Town of Eaton per
the Town of Eaton Comprehensive Plan The Town of Eaton, in their referral response dated
September 22, 2023, stated that they were in opposition to this development due to the due
to its location and potential impact to the future growth and development of the Town This
development could remove valuable real estate that could otherwise become commercial or
residential, dissuade development of the surrounding properties and negatively impact
surrounding uses and surrounding uses and property values
The Town of Eaton's municipal limits are located approximately two (2) miles to the north
Future land uses are not identified in the Urban Growth Boundary for this location
The property is located outside of the Urban Growth Area for the Town of Eaton as
delineated in the Town of Eaton Comprehensive Plan
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code
The property is not located within any overlay district officially adopted by the County,
including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the
County - Wide Road Impact Fee Program Building Permits issued on the proposed lot
will be required to adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 61 5% of
the site consists of (1-3% slope) Olney fine sandy loam, 16 7% Nelson fine sandy loam,
I
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 4
13 7% (Aquolls and Aquepts, flooded) and 8 2% of the site consists of (1-3% slope) Kim
loam Both sod types are classified as "Farmland of local importance" Olney fine sandy
loam is identified as Prime farmland if irrigated and the product of I (sod erodibility) x C
(climate factor) does not exceed 60, Nelson fine sandy loam is identified as Farmland of
local importance, aquolls and aquepts is identified as Prime farmland if drained and
either protected from flooding or not frequently flooded during growing season, and Kim
loam is identified as Prime farmland if irrigated
The application states that there is no irrigation system on the property and no existing
water rights with the property The application indicates that crop has been increasingly
more challenging due to the lack of water The applicant proposed to plant a native seed
mixture and graze sheep on the site to maintain vegetation of a height of 18-22 inches
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure
that there are adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Road Maintenance Agreement (Construction) is required at this location Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes during construction (Development Review)
B A Final Drainage Report, stamped and signed by a professional engineer licensed in the
State of Colorado, shall be submitted (Development Review)
C The applicant shall acknowledge the requirements of the Weld County Building Inspection,
as stated in the referral response dated July 14, 2023 Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Building Inspection)
D The applicant shall acknowledge the comments of the City of Greeley, as stated in the
referral response dated August 9, 2023 Written evidence of such shall be submitted to
the Weld County Department of Planning Services (City of Greeley)
E The applicant shall acknowledge the requirements of the Eaton Fire Protection District,
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 5
as stated in the referral response dated July 24, 2023 Written evidence of such shall be
provided to the Department of Planning Services (Eaton Fire Protection District)
F The applicant shall address the recommendations of Colorado Parks and Wildlife, as
stated in the referral response dated August 31, 2023 Written evidence of such shall be
provided to the Department of Planning Services (Colorado Parks and Wildlife)
G The applicant shall acknowledge the comments of the Weld County Oil & Gas Department
(OGED), as stated in the referral response dated July 25, 2023 (Department of Planning
Services)
H A Landscape and Screening Plan shall be submitted to and approved by the
Department of Planning Services that screens the site from the Surrounding Property
Owners and rights -of- way (Department of Planning Services)
I The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0032 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld
County Code (Department of Planning Services)
4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3
of the Weld County Code (Department of Planning Services)
5 Any existing and proposed solar facility installations and electrical equipment, power
lines, structures, temporary work trailers, storage containers (limited to two (2) per
Section 23 -3-30 B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable Clearly indicate which items are temporary for use dunng
construction and which items are permanent (Department of Planning Services)
6 Required fencing, gates and any emergency and site identification signage, in
accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County
Code (Department of Planning Services)
7 On -site lighting, if applicable All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties Include lighting specification details
on the USR map Refer to Section 23-2-250 D of the Weld County Code for design
criteria (Department of Planning Services)
8 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code
addresses the issue of trash collection areas (Department of Planning Services)
9 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)
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 6
10 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)
11 Show the Colorado Department of Transportation (COOT) SH 392 right-of-way on the
map along with the documents creating the right-of-way (Development Review)
12 CR 37 is a paved road and is designated on _ the Weld County Functional
Classification Map as a collector road which requires 80 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 the proposed access point onto CR 37 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 (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1)
electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of
Planning Services Upon approval of the map the applicant shall submit a 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)
Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required (Development Review)
B The access permit shall be obtained, and an approved tracking control shall be
constructed prior to on -site construction (Development Review)
C The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030 B 4 of the Weld County Code, for acceptance and
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 7
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)
4 The Use by Special Review is not perfected until the Conditions of Approval are completed and
the map is recorded Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been ap proved for an early release
agreement (Department of Planning Services)
Motion seconded by Barney Hammond
VOTE
For Passage
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 3, 2023
Dated the 3,0 day of October 2023
--hurfidie, „Xf u.c2e-
Michelle Wall
Secretary
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
USR23-0032
A Site Specific Development Plan and Use by Special Review permit, USR23-0032, for a 7 5
MW Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon (Department of
Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code (Department of Planning Services)
3 The Use by Special Review Permit shall be valid for three (3) years from the date of
approval If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners approval
(Department of Planning Services)
4 Any future structures or uses on site must obtain the 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 beat 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,
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 9
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)Stormwater management The Operator of the SEF shall comply with the approved
Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article
XI of this Code Ground- mounted solar collector systems shall be exempt from impervious
surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by
the Natural Resources Conservation Service (NRCS) (Department of Planning Services)
12 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)
13 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)
14 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)
15 The site shall be maintained in accordance with accepted Property Maintenance Plan
(Department of Planning Services)
16 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code
(Department of Planning Services)
17 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)
18 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
19 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
20 Any work that may occupy and or encroach upon any County rights -of-way or easement
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 10
shall acquire an approved Right -of -Way Use Permit prior to commencement (Development
Review)
21 The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Development Review)
22 The historical f low patterns and runoff amounts on the site will be maintained
(Development Review)
23 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)
24 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)
25 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)
26 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction and operation of the facility (Department of Public Health and Environment)
27 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)
28 The facility shall comply with the Air Pollution Emission Notice (A P E N ) permit requirements
as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
29 The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment)
30 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)
31 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
32 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties
in accordance with the map Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets No colored
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 11
lights may be used which may be confused with, or construed as, traffic control devices
(Department of Planning Services)
33 Building permits may be required, for any new construction, setup of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application Currently the following has been adopted by Weld County 2018 International
Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29
of the Weld County Code A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review A Geotechnical Engineering Report, performed by a
Colorado registered engineer, shall be required or an Open Hole Inspection A building permit
must be issued p prior to the start of construction (Department of Building Inspection)
34 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs
35 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code (Department of Planning
Services)
36 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended (Department of Planning Services)
37 Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations (Department of Planning Services)
38 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from
the plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted Any other changes shall
be filed in the office of the- Department of Planning Services (Department of Planning
Services)
39 The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards Noncdmpliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners
(Department of Planning Services)
40 Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners signed
Resolution, unless otherwise specified by the Board of County Commissioners when issuing the
original Permit, or the Permit shall be vacated The Director of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner
41 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
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 12
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
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 e of the citizens
of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development Often times,
mineral resource sites are f 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,
f lies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance
wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between
rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural
operation shall not be found to be a public or private nuisance if the agricultural operation alleged
to be a nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
RESOLUTION USR23-0032
McKee Ranch, LLLP c/o CBEP Solar 16, LLC
Page 13
adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and county roads outside of municipalities The sheer magnitude of the
area to be served stretches available resources Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled may
delay all emergency responses, including law enforcement, ambulance, and f ire Fire protection
is usually provided by volunteers who must leave their jobs and families to respond to
emergencies County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self -sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting
Farm equipment and oilfield equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm
dogs and livestock, and open burning present real threats Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's livelihood
The Town of Eaton is opposed to this proposed development due to its location and potential impact on
future growth and development of the Town State Highway 392 is Eaton's southern growth boundary and
because it is a major corridor, the Town does not wish to have solar farms as their boundary
The Town of Eaton asks the Planning Commission to follow your good conscious and not vote in favor of
the applications for solar that are within or adjacent to the Town of Eaton's future growth boundary Mr
Harris mentioned that in this particular case the neighbor is requesting a berm, he asked if these solar farms
are approved, could the berm be extended all the way along Highway 392
Linda McKee, 32363 County Road 37, Greeley, Colorado Ms McKee is a fourth -generation farmer and
inherited the farm next to this property from her father She shared the history of this property including
how the water rights were sold and tons of soil and clay were removed from the land and sold The McKee
family decided to purchase the property in order to prevent commercial or real estate from coming in
Ms McKee shared how difficult it has been renting water and the constant struggle to try and grow any
crop They pay thousands of dollars in taxes and spraying to keep the weeds controlled with no profit She
said that when the solar people came to talk to them, it seemed a Godsend Ms McKee voiced her
disappointment with the Town of Eaton and wondered how far out the Town was extending their control
Her father used to brag that Eaton was blessed with the best farmland anywhere in the United States, but
the Town of Eaton has approved hundreds of farm acreage to sites that produce not one grain of food Ms
McKee feels that a solar farm produces something useful to many people
Clara McKee, 3785 North 47. Avenue, Greeley, Colorado Ms McKee said that she is the General Partner
of McKee Ranch, LLLP She said that on her drive out to her parents' farm today, she saw 3 dead animals
on the side of the road that have been forced out of their natural habitats due to new estate houses that are
being built Ms McKee feels that using their acreage for any other reason besides solar would be a mistake
because it could lead to an influx in traffic, traffic accidents, fatalities and noise disturbances She feels
that their decision to keep the ground preserved for solar use is best for wildlife and humans Ms McKee
said she is so proud of the agricultural contributions that Weld County makes that is indicated in Weld
County's seal She asked, "When was the last time you thanked a farmer or a rancher?" Approving this
application would be one of the best ways to thank them
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip
Holland, Virginia Guderjahn
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 6 02 pm
Respectfully submitted,
1/4-tneendfe, We -L.
Michelle Wall
Secretary
Hello