HomeMy WebLinkAbout20230765.tiffLAND USE APPLICATION
SUMMARY
Planner: Kim Ogle Hearing Date: March 7, 2023
Case Number: USR23-0005
Property Owner: Kenneth Harring, 5820 E. County Road 1000S, Cloverdale, Indiana, 46120
Applicant: CBEP Solar 6, LLC
c/o 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 Parcel 1, being part of the NW4 of Section 32, T7N, R65W of the 6th P.M., Weld
Description: County, Colorado
Location: Approximately 980 -feet south of County Road 76 and approximately 1300 -feet east
of County Road 39
Size of Parcel: ± 35 acres Parcel No. 0709-32-2-00-064
The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4-
1030 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Planning Services — Development Review, referral dated January 23, 2023
Weld County Department of Public Health and Environment, referral dated January 23, 2023
Public Service of Colorado (Xcel Energy), referral dated February 6, 2023
Gale Lateral and For Far Lateral, referral dated February 16, 2033
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Sheriff's Office, referral dated January 19, 2023
Weld County Oil and Gas Energy Department, referral dated January 25, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Eaton
Eaton Fire Department
Colorado Parks and Wildlife
West Greeley Conservation District
Larimer & Weld Irrigation Company
Larimer & Weld Reservoir Company
Colorado Division of Water Resources
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Weld County Office of Emergency Management
Weld County Department of Planning Services — Code Compliance
Weld County Department of Planning Services — Building Inspection
Case Summary:
The applicant, CBEP Solar 6, LLC is proposing to construct and operate the Harring Solar Energy Facility.
The facility will be a 4.625 -megawatt ac community solar garden that is part of the Xcel Energy Solar*Rewards
Community program. The facility footprint is on approximately 28.75 acres of a 35 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 site will be re -vegetated using a native habitat mix, which will
decrease erosion, prevent noxious weed growth and establishment. The native habitat mix will be maintained
by vegetation experts to facilitate establishment. The property is currently vacant land, with no irrigated
agriculture or water rights, and was previously used for production agriculture. Area lighting is not proposed
for the facility.
The Decommission and Reclamation Plan submitted with the application indicates that the site will be
decommissioned and reclaimed at the end of the lease term of twenty (20) years with an option of four (4)
additional five (5) year terms, operational life, or if the site is non -operational for twelve (12) months. Much of
the equipment is recyclable. In the event the application is approved, the applicant will work with staff to ensure
the surety for the Decommission Plan meets Weld County standards
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 and any other applicable code
provisions or ordinance in effect.
Section 22-2-10 state the Guiding Principles that serve as the foundation for land use policy in the
County. Section 22-2-10.8 states "One of the basic principles upon which the United States was
founded is the right of citizens to own and utilize property so long as that use complies with local
regulations and does not interfere with or infringe upon the rights of others."
The proposal meets the intent of A (Agricultural) Zone District, including the Principles, Goals and
Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy
harvested from the sun and will not interfere with adjacent agricultural operations.
The applicant and property owner has made a business decision on the highest and best use of his
property without irrigation water. Of the thirty-five (+/- 35) acre parcel twenty-eight (+/- 28) acres
will be utilized for the proposed solar energy facility. The land under the solar panels will be planted
with a dry -land native grass seed that has been generally accepted for re -vegetation purposes
for the entire parcel and will be maintained with no allowance for noxious weed growth.
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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 SEFs, which is an unmanned energy
development facility with limited traffic generation once operational. The applicant has proposed
screening and landscaping options for residences within five hundred (500) feet of the facility.
Screening is required from the adjacent property owners and will include a double row of triangulated
Rocky Mountain Juniper along the adjacent property owners fence line. Rocky Mountain Juniper trees
have historically performed very well on sites with these soil conditions, location and elevation, and
local plant community composition. In addition to providing a visual buffer from neighboring
residences, the landscape screening is designed to fit with the neighborhood and benefit the local
environment. The applicant will provide waivers from the property owners with residences closer than
five hundred (500) feet who requested to not be screened from the facilities.
Section 22-2-60.8 "Support responsible energy and mineral development."
According to the application materials, the Solar Energy Facility will connect into the Xcel Energy
power grid. The application states that efforts will be made to protect the soil and minimize the impacts
to the area. Further, once operational, the proposed SEF creates no noise, odor, light or flickering,
vibration, vermin, dust, or other nuisances. The operation of the SEF is almost entirely unnoticeable
to neighboring properties and it will not impact surrounding property's right to quiet enjoyment.
Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists
or can be made available prior to development of energy and mineral resource production facilities."
County Roads 76 and 39 are local paved roads. There is an existing overhead electric service located
east of County Road 39 that serves as the interconnection point to the proposed facility.
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."
The proposed use, Solar Energy Facility, is permittable under Section 23-3-40.FF of the Weld County
Code as defined here, 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 or being more than five (5) acres but
less than three hundred twenty (320) acres in the Ag/Rural Area. This proposed facility footprint is
in the near -urban area.
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.
The applicant and property owner has made a business decision on the highest and best us of the
thirty-five (35) acre area for the solar energy facility. The proposed compact solar energy resource
development will conserve lands and minimize the impact on surrounding land and the existing
surrounding land uses.
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C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property is within five hundred (500) feet of fourteen (14) parcels, with fourteen (14) homes, with
the solar facility footprint located within five hundred feet of nine (9) homes, specifically north and east
of the SEF footprint. As part of the application process, Weld County provided notice to these property
owners, and no responses were received. The proposed visual mitigation, Development Standards,
and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties
and ensure compatibility with surrounding land uses and 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 located within the (3) mile referral area and the Coordinated Planning Agreement area for
the Town of Eaton. The 2020 Town of Eaton Comprehensive Plan delineates lands within the Town
boundary, lands within the Urban Core Area (UCA) and lands within the Urban Growth Area. This
property is located south of County Road 76 and is located within the Urban Core Area Boundary and
Urban Growth Boundary. The Future Land Use Plan within the Urban Growth Area map states more
intensive land uses are only appropriate with the Urban Core Area. The Land Use Plan allocates
various general land uses throughout the UCA. The land uses include residential (at various maximum
densities), mixed use areas of retail, office and residential and non-residential uses including
commercial, industrial and public uses. This property holds a designation of Suburban Residential
(2.5 units per acre). The Town of Eaton did not return comments on the Notice of Inquiry form and
did not provide a referral response for this application.
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 within the Airport Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
Per the application materials the irrigation water has been severed from the property. Per the
Natural Resources Conservation Service map, no Prime agricultural land is being taken out of
production.
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
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and county and will address and mitigate impacts on the surrounding area with the installation of this
SEF
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 attempt to address the concerns of the Public Service of Colorado (Xcel Energy)
as stated in their referral dated February 6, 2023. Evidence of such shall be submitted to the
Department of Planning Services (Public Service of Colorado)
B. The applicant shall address the concerns of the Gale Lateral and For Far Lateral ditch companies as
stated in their referral dated February 16, 2023. Evidence of such shall be submitted to the
Department of Planning Services (Department of Planning Services)
C. The applicant shall submit recorded evidence that the eighteen (18) foot wide access easement across
Lot A of RE -1634 recorded under reception no. 2419897 dated December 21, 1994 and Lot A RE -
4163 recorded under reception no. 3335453 dated October 28, 2005 may be utilized for access to
Parcel 1 and Parcel 2, formerly part of Lot B RE -4163 and now part of Vacation Plat recorded under
reception no. 4867393 dated November 16, 2022. Evidence of such shall be submitted to the
Department of Planning Services (Department of Planning Services)
D. The applicant shall submit a fencing plan for review and acceptance if not utilizing the perimeter game
fence with gates as stated in the application materials. (Department of Planning Services)
E. 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)
F. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to
the west and north, the applicant shall submit an irrigation plan to the Department of Planning Services
for review and acceptance. (Department of Planning Services)
G. 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)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0005 (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. 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
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indicate which items are temporary for use during construction and which items are permanent.
(Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E. of the Weld County Code.
(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)
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 39 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)
12. CR 76 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 the existing proposed access point onto CR 39 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access
location as a part of the plan submittal. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
15. 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)
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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 approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. 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)
C. 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.
(Development Review)
D. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in
an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section
23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of
County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be
updated to include the approved security information. (Department of Planning Services)
5. The Use by Special Review 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
Kenneth Harring
USR23-0005
1. 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, 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. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department
of Planning Services)
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site
once operational. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
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13. 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)
14. 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)
15. 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)
16. 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)
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
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27. 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.
28. 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.
29. 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
30. 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.
31. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal
confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
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.
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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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February 1, 2023
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
BRAMMER ZACH
PO Box 1255
STERLING, CO 80751
Subject: USR23-0005 - 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:
Part of the NW1/4 of Section 32, Township 7 North, Range 65 West of the 6th P.M., Weld County,
Colorado of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 7, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 22, 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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