HomeMy WebLinkAbout20233012.tiffRESOLUTION USR23-0031
Louis and Gina Fabrizius and Stanley and Carolyn Heinze do CBEP Solar 32, LLC
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agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses "
This code section supports the installation of the subject Solar Energy Facility, which is
an energy development The facility will provide power to be utilized by residences,
businesses and farming operations in Weld County
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes,
"Solar Energy Facilities (SEF'S), being more than five (5) acres in size but less than
one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or
being more than five
(5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on
Appendix 21-B "
This code section allows the applicant to apply for the subject Solar Energy Facility,
being located in the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-
1-90 of the Weld County Code, a "Solar Energy Facility" means "a commercial facility
whose primary purpose is to supply electricity and consists of one or more solar arrays and
other accessory structures, equipment, including substations, switchyards, battery
storage, electrical infrastructure, generators, transmission lines, communications
infrastructure, and other appurtenant structures and/or facilities " The SEF will encumber
approximately forty-four (44) 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 adjacent lands consist of pastures, crops, and rural residences The closest residence
is approximately 1,200 -feet to the southwest of the proposed solar facility The proposed
solar facility is located on the northern half of the property approximately
There are two (2) USRs within one mile of the site MUSR13-0060 (Landscaping
Business and Oil and Gas Support Business (Crude Oil Hauling) and SUP -120 (Feed
Lot for up to 1,800 cattle)
The Weld County Department of Planning Services sent notice to seven (7)
Surrounding Property Owners One response letter was received The letter expressed
concerns in removing productive farm ground and that other more non-productive farmland
would be more appropriate
The applicant stated that a neighborhood meeting was held on Monday, August 8, 2023, at
the Greeley Recreation Center Two (2) neighboring property owners attended the meeting,
RESOLUTION USR23-0031
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and a summary of the meeting discussions was provided Concerns were raised
regarding removing prime farm ground for a solar facility Other discussion items included
the fencing of the facility, the nature of the Xcel Community Solar Program, glare and
heat associated with the panels, how weather damage (such as hail) is addressed,
ongoing maintenance of the facility
The proposed solarfacility is located on approximately 50% of the property and is setback
from Highway 392 The applicant has stated in writing that they have had to rent water
to have enough for agricultural purposes on this property and that allocating a portion of
this land to solar development will allow them to better allocate water to remaining
agricultural holdings that the applicant owns
Based on the referral agency responses and the location of the site, the SEF is in an area
that can support this development and the proposed 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
The site is located within the three (3) mile referral areas of the Town of Eaton and the City
of Greeley The City of Greeley stated no conflicts with their interests in their referral
response received August 8, 2023
The property is located in the (at the southern end) 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 Greeley Long Range Expected Growth Boundary
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 the 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay
District, or Agricultural Heritage Overlay District
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A small portion of the property is located within the Sand Creek floodplain The proposed
Solar Energy Facility location is outside of the floodplain boundaries In the event any
development occurs within the floodplain a flood hazard permit will be required A portion
of the property is located within the Airport Overlay District No referral response has been
received from the Greeley -Weld Airport Facility regarding this case
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 92 5% of
the property consists of (0-1% slope) Ascalon loam and 2% of the site consists of (0-1%
slope) Haverson loam The proposed solar facility would be located on these sods Both soil
types are classified as "Prime if Irrigated"
The property owner provided a written response stating that they have had to rent
water to have an adequate amount for agricultural purposes It goes on to stated that
by allocating a portion of the property to solar, the property owner will be able to better
allocate water to the remaining agricultural land that the landowner owns
The property owner provided an affidavit stating that the property has had to rent water to
have enough for agricultural purposes and that the solar array will allow the property owner
to redistribute water to support their remaining agricultural land The applicant proposes
to plant a native seed mixture on the property and to utilize grazing sheep to maintain the
height of vegetation at 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
RESOLUTION USR23-0031
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A The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT), as stated in the referral response dated July 21, 2023 Written evidence of such
shall be submitted to the Weld County Department of Planning Services (CDOT)
B The applicant shall acknowledge the requirements of the Weld County Department of
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)
C The applicant shall acknowledge the requirements of the Eaton Fire Protection District,
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)
D The applicant shall acknowledge the comments of the Weld County Oil & Gas Energy
Department (OGED) as stated in their referral dated July 25, 2023 Written evidence of
such shall be provided to the Department of Planning Services (OGED)
E The applicant shall address the recommendations of Colorado Parks and Wildlife as
stated in their referral dated August 31, 2023 (Development Review)
F The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0031 (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 the Colorado Department of Transportation (CDOT) access point onto SH 392
and the right-of-way on the map along with the documents creating the right-of-way
(Development Review)
5 Show and label the drainage flow arrows (Development Review)
6 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of
the Weld County Code (Department of Planning Services)
7 Any existing and proposed solar facility installations and electrical equipment, power
lines, structures, temporary work trailers, storage containers (limited to two (2) per
Section 23 -3-30 B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable Clearly indicate which items are temporary for use during
construction and which items are permanent (Department of Planning Services)
8 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)
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9 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)
10 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)
11 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)
12 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)
13 Show the floodplain and floodway (if applicable) boundaries on the map Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services - Floodplain)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1)
electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of
Planning Services Upon approval of the map the applicant shall submit a Mylar map along with
all other documentation required as Conditions of Approval The Mylar map shall be
recorded in the office of the Weld County Clerk and Recorder by the Department of
Planning Services The map shall be prepared in accordance with the requirements of
Section 23-2-260 D of the Weld County Code The Mylar map and additional requirements
shall be submitted within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded
within the specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month period
(Department of Planning Services)
4 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required (Development Review)
B If there is any disturbance/construction in the floodplain a Floodplain Development
Permit is required (Department of Planning Services - Floodplain)
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
approval by the Weld County Board of County Commissioners Once approved, the
Decommissioning and Reclamation Plan shall be updated to include the approved
RESOLUTION USR23-0031
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security information (Department of Planning Services)
5 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 approved for an early
release agreement (Department of Planning Services)
Motion seconded by Virginia Guderjahn
VOTE
For Passage
Elijah Hatch
Skip Holland
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Butch White
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 Coon
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 3rd day of October 2023
-huchucee. ,,, u..tzf9-e-
Michelle Wall
Secretary
RESOLUTION USR23-0031
Louis and Gina Fabrizius and Stanley and Carolyn Heinze c/o CBEP Solar 32, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Louis and Gina Fabr¢ius and Stanley and Carolyn Heinze c/o CBEP Solar 32, LLC
USR23-0031
1 A Site -Specific Development Plan and Use by Special Review Permit, USR23-0031, for a
5 7 MWac Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon
(Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code (Department of Planning Services)
3 The Use by Special Review Permit shall be valid for three (3) years from the date of
approval If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners approval
(Department of Planning Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 The facility is unmanned and will operate year-round Limited maintenance personnel may
visit the site once operational (Department of Planning Services)
6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in
height, measured from the highest natural grade below each solar panel to the highest extent
of the solar panel rotation (Department of Planning Services)
7 Glare The SEF shall be placed so that concentrated solar glare from its solar collectors will not
be directed toward or onto nearby properties or roadways at any time of the day (Department
of Planning Services)
8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone Additionally, the improved area must be at least five hundred (500) feet
from existing residential buildings and residential lots of a platted subdivision or planned
unit development The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent signed by the residence owner agreeing to the
lesser setback If landscaping or opaque fencing is substituted for setback, a landscaping plan
or fencing plan shall first be submitted to and approved by the Department of Planning
Services per Section 23-4-1030 C 3 of the Weld County Code, as amended (Department of
Planning Services)
9 Dust mitigation The operators of the SEF shall continuously employ the practices for control
of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the
Weld County Code, as amended (Department of Planning Services)
10 Underground cables All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
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circuits between rows of solar arrays that are no more than four (4) feet above grade crossings,
substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary)
(Department of Planning Services)
11 Fencing The SEF shall be enclosed with a security fence as accepted pursuant to the
Fencing Plan as presented in the application materials Appropriate signage shall be placed
upon such fencing that warns the public of the high voltage therein (Department of
Planning Services)
12 Stormwater management The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of
this Code Ground- mounted solar collector systems shall be exempt from impervious surface
calculations if the soil under the collectors is designated hydrologic A or B soil groups by the
Natural Resources Conservation Service (NRCS) (Department of Planning Services)
13 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 The historical f low patterns and runoff amounts on the site will be maintained
(Development Review)
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21 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination (Department of Public
Health and Environment)
22 During construction, no permanent disposal of wastes shall be permitted at this site This is
not meant to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S (Department of Public
Health and Environment)
23 During construction, waste materials shall be handled, stored, and disposed in a manner
that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the
Weld County Code (Department of Public Health and Environment)
24 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)
25 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)
26 The facility shall comply with the Air Pollution Emission Notice (A P E N ) permit requirements
as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
27 The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment)
28 The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code (Department of Public Health and Environment)
29 Floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1535E effective date will be January 20, 2016 (Sand
Creek Floodplain) Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described
in 44 CFR parts 59, 60, and 65 The FEMA definition of development is any man-made change
to improved or unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage
of equipment and materials (Department of Planning Services - Floodplain)
30 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified (Department of Planning Services - Floodplain)
31 Lighting shall be maintained in accordance with the approved Lighting Plan (Department
of Planning Services)
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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 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 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
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 _ Noncompliance 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
RESOLUTION USR23-0031
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original Permit, or the Permit shall be vacated
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
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 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 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
RESOLUTION USR23-0031
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agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and county roads outside of municipalities The sheer magnitude of the
area to be served stretches available resources Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled may
delay all emergency responses, including law enforcement, ambulance, and 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 respectfully opposes 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 finds that this development could remove valuable real estate
that could otherwise become commercial or residential Eaton feels the solar facility could dissuade
development and negatively impact surrounding property values The Town of Eaton also feels this takes
away from their strong vision of development, excellent infrastructure and image of high -quality design
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
Commissioner White asked how far this site was from the southern growth boundary Mr Harris answered
2 miles
Julie Nelson, 325 Cedar Avenue, Eaton, Colorado Ms Nelson said as a resident of Eaton, she does not
agree with what was just said by Mr Harris She stated that the overall opinion of the residents of Eaton
may not align with the town's plans
Mr Daughton said this site is currently not near any zoning that does not allow this use He reiterated that
the solar farms are temporary facilities that eventually will return back to prime agricultural land In the
meantime the facility will be helping out with local energy and help out the Fabnzius and Heinze families
Mr Daughton said that glare was mentioned The panels are treated with anti -reflective material, and they
are stored at a 5 degree angle in the mornings and evenings to prevent any glare to neighbors Mr
Daughton said he has reports from several studies that have been done on the impacts of property values
The reports show property values are not negatively impacted
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 USR23-0031 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 Virgina Guderjahn
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes Barney Hammond, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip Holland,
Virginia Guderjahn
No Butch White
Commissioner White said that he respected the Inter -Governmental Agreement between Weld County and
the Town of Eaton, so he voted against the application
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,
-Intvweee, „.° WEAL
Michelle Wall
Secretary
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