HomeMy WebLinkAbout20230188.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst Hearing Date: November 1, 2022
Case Number: USR22-0024
Owner: Lytle Farms LLC c/o Kaycee Lytle
Authorized Agent: SunShare, LLC, dba BecLee Solar, LLC c/o Liz Scanlon
1724 Gilpin Street, Denver, CO, 80218
Request:
A Site -Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Legal Lot B Family Farm Division FFD21-0008; Being part of the E2SW4 of Section 22,
Description: T6N, R65W, of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 66 and 0.25 miles east of County Road 43
Acreage:
Parcel boundary: +/- 71 acres
Solar array: +/- 31.7 acres
Parcel No. 0803-22-3-00-023
The criteria for review of this 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 Office of Emergency Management, referrals dated September 19, 2022
➢ Weld County Department of Public Health and Environment, referral dated August 22, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated August 23, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley, referral dated September 1, 2022
➢ Weld County Sheriff's Office, referral dated August 17, 2022
➢ Weld County Oil and Gas Energy Department, referral dated August 30, 2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated August 22, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Chevron Corporation
➢ Bristol Production, Inc.
➢ Occidental Petroleum Corp
➢ Colorado Parks and Wildlife
➢ Eaton Fire Protection District
➢ Petro -Canada Resources, Inc.
➢ North Weld County Water District
➢ Weld County School District RE -6
➢ State of Colorado, Division of Water Resources
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CASE SUMMARY:
The applicant, SunShare, LLC, dba BecLee Solar, LLC, is requesting a Use by Special Review (USR) for
a Solar Energy Facility (SEF), known as the BecLee Solar Garden. The SEF will be 5,000 kW AC facility
that will encompass the northern 31.7 acres of a 71 -acre parcel. The parcel is privately owned by Lytle
Farms, LLC. The SEF will consist of 11,024 modules mounted to single -axis tracking arrays. Along with the
106 rows of single -axis trackers the SEF will also include forty (40) 125kVA inverters, two (2) 48 SF concrete
transformer pads, with AC recombiners, switchgear, and medium voltage (MV) step up transformers that
connect to Xcel's grid. The solar panels will not exceed ten (10) feet in height above grade, at maximum
tilt.
Construction will occur between 7:00 am and 5:00 pm for about three (3) months. There will be a maximum
of sixty (60) workers on site at any one time. There will be a temporary mobile office trailer onsite during
construction.
During construction waste will be stored in dumpsters, which will be emptied on a regular basis or as
needed. Once the facility is operational, there will be no waste or refuge produced from the solar operation.
A 12,500 SF materials and equipment laydown yard will be located on the interior of the facility. When the
construction is completed, there will be one (1) metal conex container for storing spare modules and other
spare parts. The facility is unmanned and no water or sewage disposal service is proposed. Bottled water
and portable toilets will be provided during construction.
Once operational the SEF will have a maintenance crew visit once quarterly or as needed if damage occurs.
There may be an opportunity to allow sheep to maintain the vegetation. If sheep are utilized there will be
approximately 60 sheep onsite. The site will be fully fenced in, containing the sheep, and the rancher will
have access to the site whenever needed. An eight (8) -foot tall game fence installed around the entire
perimeter of the site. The fence and gate will be constructed of 4" X 4" welded rod material and timber.
The property owner owns one share of irrigation water, which is about 10% of the water needed to
completely irrigate the 80 -acre farm to its full potential. The owner is renting water and the crops are far
less productive due to the type of irrigation they use, and far less economical due to the need to rent so
much water at high cost. The money generated from the lease for this SEF will pay for improvements to the
farm and allow for increased productivity on the 30-35 acres that will remain farmed.
A decommissioning plan was submitted with the application materials.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have
a significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy Facility, being a power -
generating facility, will add variety, stability and redundancy to the existing electrical grid.
Traditional energy resources are tied to commodity markets and can vary in demand and
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output. This facility can complement and support the economy during times of fluctuating oil
and gas activity.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned
energy development facility. The closest residence is approximately 750 feet from the SEF and
is owned by the same property owner as the subject property. Since the closest residence is
greater than 500 feet from the SEF no screening or waivers are required.
B. Section 23-2-220.A.2. -- The 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."
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar
Energy Facilities (SEES), 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 thirty-one (31)
the seventy-one (71) acre parent parcel and qualifies as an SEF USR.
This USR facility will also include one (1) storage containers (conex) for storing spare modules
and other spare parts, being Accessory Uses, permitted by Section 23-3-30.B of the Weld
County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops
and rural residences. There are three (3) rural residences that are less than 200 feet from the
site, however, these residences are more than 500 feet from the Solar Energy Facility. The
closest residence is owned by the same property owner as the subject property. There are no
residential dwellings closer than five hundred (500) feet.
There are sixteen (16) USRs within one (1) mile of the site. USR-1764 for parking and
maintenance of a tank service company and USR13-0060 for a landscaping company along
truck parking and office for a crude oil transportation company are located northwest of the site.
SUP -191 for a feed lot for 18,400 cattle and USR18-0057 for a 16 -inch high-pressure natural
gas pipeline are both located northeast of the site. USR-1654 for beet storage, USR13-0026
(5th Amendment to USR-552) is for a natural gas processing facility and communications
tower, USR13-0032 and USR16-0005 are both for 115 kV transmission lines. These four (4)
USRs are located southwest of the site. USR-1386 for a bed and breakfast, 1MUSR18-12-
0074 for a natural gas pipeline that is greater than 10 inches in diameter and a pump station,
USR14-0021 and USR14-0022 for 16 -inch natural gas pipelines are all located south of the
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site. USR15-0068 and USR15-0037 are for oil and gas storage facilities with transloading and
a construction laydown yards, USR16-0016 is for a crude oil polishing terminal, transloading,
and outdoor equipment and materials storage yard. These USRs are all located southeast of
the site. Finally, USR18-0015 for an event facility for weddings and similar gatherings is located
west of the site.
Weld County Department of Planning Services staff sent notice to eleven (11) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
Based on the referral agency responses, the location of the site and the closest residence
about 750 feet south of the SEF the proposed use is in an area that can support this
development. The Development Standards and Conditions of Approval will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding
and uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities.
This site is not located within a Coordinated Planning Agreement (CPA) boundary.
The site is located within the three (3) mile municipal referral radius of the City of Greeley. The
Greeley referral from the Community Development Department, dated September 1, 2022,
stated that the site is located within the City of Greeley's Long Range Expected Growth Area
and is depicted as Urban Reserve on the City's Comprehensive Plan. The City also stated that
their review finds this request to be in compliance.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including,
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.
The property is located in the A -P (Airport) Overlay District. The Greeley -Weld Airport Authority
did not respond with any referral agency comments. The SEF solar panels are mounted to
single -axis tracking arrays, which sit parallel to the ground and follow the path of the sun across
the sky. The panels face east in the morning, lay flat at noon, and face west in the evening.
The modules utilize a non -reflective glass which eliminates glare concerns.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The facility is on approximately 15 acres of soils identified as "Prime Farmland if Irrigated" with
low -slope (0-1%), Nunn clay loam, approximately 10 acres of soils identified as "Farmland of
statewide importance" with medium -slope (3-5%), Otero sandy loam, and approximately 5
acres of soils identified as "Prime Farmland if irrigated with soil erodibility" with low -slope (0-
1%) Otero sandy loam. The proposed use of the property for an SEF will not remove topsoil
from the property. After the life of the Solar Energy Facility, the land may be returned to historic
uses. The SEF is compatible with traditional A (Agricultural) Zone District uses as it will not
inhibit farming practices outside of the project area and a grassland vegetative cover will be
maintained under the solar panel arrays.
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The property owner owns one share of irrigation water, which is about 10% of the water needed
to completely irrigate the 80 -acre farm to its full potential. The owner is renting water and the
crops are far less productive due to the type of irrigation they use, and far less economical due
to the need to rent so much water at high cost. The money generated from the lease for this
SEF will pay for improvements to the farm and allow for increased productivity on the 30-35
acres that will remain farmed.
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 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. An updated Decommissioning and Reclamation Plan shall be submitted which addresses the
items listed in Section 23-4-1030.B.4 of the Weld County Code. (Department of Planning
Services)
B. The applicant shall submit an executed Interconnection Agreement to the Weld County
Department of Planning Services. (Department of Planning Services)
C. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated August 30, 2022. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. 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)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0024. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 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. Show and label 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)
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6. Show and label the 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. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7. Show and label the location of the trash collection areas, if applicable. Include specification
details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for
design criteria. (Department of Planning Services)
8. Show and label any 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)
9. Show and label the 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)
10. Show and label any planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement. (Department of Planning
Services)
11. Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
12. CR 66 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate and label on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the road.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Development Review)
13. Show and label the approved access location, approved access width and the appropriate
turning radii on the USR map. The applicant must obtain an updated access permit in the
approved location prior to construction (Development Review)
14. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than thirty-five (35) feet. (Development
Review)
15. Show and label the drainage flow arrows. (Development Review)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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)
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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 the administrative review was signed, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (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 approved for an early release agreement.
(Department of Planning Services)
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
B. The approved access and construction tracking control shall be constructed prior to on -site
construction. (Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office
of Emergency Management and the Eaton Fire Protection District. The plan shall be reviewed
on an annual basis by the Facility operator, the Fire District, and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld County Department of
Planning Services. (Office of Emergency Management)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lytle Farms LLC
USR22-0024
1. A Site Specific Development Plan and Use by Special Review Permit, USR22-0024, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
4. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar panel
rotation per Section 23-4-1030.C.1 of the Weld County Code, as amended. (Department of
Planning Services)
6. Glare. A SEF shall be designed, located or 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
per Section 23-4-1030.C.2 of the Weld County Code, as amended. (Department of Planning
Services)
7. 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)
8. 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)
9. 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) per Section 23-4-
1030.C.5 of the Weld County Code, as amended. (Department of Planning Services)
10. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the Fencing
Plan shown heron. Appropriate signage shall be placed upon such fencing that warns the public of
the high voltage therein per Section 23-4-1030.C.6 of the Weld County Code. All signs shall adhere
to the adopted Weld County Sign Code, as amended. (Department of Planning Services)
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11. 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) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
12. 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)
13. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1030.B.4.h of the Weld County Code, as amended, 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/reclamation
activities within ninety (90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation. (Department of Planning Services)
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
15. The site shall be maintained in accordance with the accepted Lighting Plan. (Department of
Planning Services)
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
17. 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)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
20. 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)
21. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
22. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
24. 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)
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25. 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)
26. 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)
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
28. 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)
29. 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)
30. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International
Building Codes; 2018 International Energy Code; 2020 National Electrical Code. (Department of
Planning Services)
31. 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)
32. 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.
33. 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.
34. 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.
35. 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."
USR22-0024 — Lytle Farms LLC
Page 10 of 12
36. 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."
37. 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.
38. 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. 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
USR22-0024 — Lytle Farms LLC
Page 11 of 12
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.
USR22-0024 — Lytle Farms LLC
Page 12 of 12
December 8, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Liz Scanlon
1724 Gilpin Street
Denver, CO 80218
Subject: USR22-0024 - A Site Specific Development Plan and Use by Special Review Permit for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
LOT B FAMILY FARM DIV FFD21-0008, PARTT E2SW4 SECTION 22, T6N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 3, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 18,
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
espectfully,
.s2s�
Aungst
Diana
Planner
September 29, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Liz Scanlon
1724 Gilpin Street
Denver, CO 80218
Subject: USR22-0024 - A Site Specific Development Plan and Use by Special Review Permit for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
On parcel(s) of land described as:
LOT B FAMILY FARM DIV FFD21-0008; PART E2SW4 SECTION 22, T6N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
December 7, 2022 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,
)(5k/V-C2k,CtIVI/Lea,
Diana Aungst
Planner
Diana Aungst
From:
Sent:
To:
Subject:
Mat Ricci <mricci@mysunshare.com>
Tuesday, October 11, 2022 11:47 AM
Diana Aungst; Liz Scanlon
RE: Lytle SEF - some questions
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Diana,
Yes, we will have a temporary mobile office trailer. It would be a 20 foot long mobile mini unit like the one shown below.
Let me know if you need anything else?
f
COMM
i
MATHEW RICCI
VICE PRESIDENT OF PROJECT OPERATIONS
MRICCI@MYSUNSHARE.COM
650-808-5797
U
1
From: Diana Aungst <daungst@weldgov.com>
Sent: Tuesday, October 11, 2022 6:10 AM
To: Mat Ricci <mricci@mvsunshare.com>; Liz Scanlon -Rai <Iscanlon@mysunshare.com>
Subject: RE: Lytle SEF - some questions
Hi Mat.
Nice to meet you as well. I appreciate the responses. Will you have a construction trailer (office) on site during
construction?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax: 970-304-6498
daungst@ weldgov. com
www. weldgov. corn
f
V
C
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Mat Ricci <mricci@mysunshare.com>
Sent: Monday, October 10, 2022 5:43 PM
To: Liz Scanlon -Rai <Iscanlon@mysunshare.com>; Diana Aungst <daungst@weldgov.com>
Subject: RE: Lytle SEF - some questions
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Diana,
Nice to meet you via e-mail and apologies for any confusion from our statements in the application.
Our working hours during construction will be in the range of 7AM to 4PM or 5PM, for the most part during daylight in
the event that there are a few days we have to work a bit late to keep on schedule. The hours range in the application
stating "7-14" may have meant 0700 to 1400, but that would mean 7AM to 2PM which is not indicating 4PM or 5PM.
This was likely an error. No work be performed at night.
The laydown yard will be native crushed gravel delivered from a local source.
There will be two equipment pads, and yes you are correct that those are the ones with the AC recombiners. The AC
recombiners are similar to a typical commercial outdoor rated 600 Volt switchgear that you might see on buildings,
except these are free standing at about 7 feet high. Next to those at each pad will be a Medium Voltage (MV) step up
transformer. The 40 - 125kVA inverters will be placed within the solar arrays in the field along the center single axis
2
tracker drivelines so you will not see a large equipment pad with 20 inverters on racks at each pad. This gives the site a
cleaner look with minimal visual equipment in the center.
If you have any additional questions, please feel free to reach out to me anytime.
Sincerely,
MATHEW RICCI
VICE PRESIDENT OF PROJECT OPERATIONS
MRICCIWMYSUNSHARE.COM
650-808-5797
From: Liz Scanlon -Rai <Iscanlon@mysunshare.com>
Sent: Monday, October 10, 2022 10:16 AM
To: Diana Aungst <daungst@weldgov.com>; Mat Ricci <mricci@mysunshare.com>
Subject: Re: Lytle SEF - some questions
Hi Diana,
So sorry for the delay. The acreage for the project will be 31.7 acres. I'm looping in Mat Ricci, our VP of Ops, to answer
the remaining questions. Mat -- Could you please provide answers to Diana's questions? And please let me know if I
should be reaching out to anyone else for some of these.
Thank you!
On Wed, Oct 5, 2022 at 6:17 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Liz:
The application materials state that the SEF will encompass 30.5 acres in one section and 31.7 acres in
another section. It's kind of minor but I thought I'd find out. Additionally, there are no hours of operation for
construction but it does state: "Construction will run during normal business hours..." and "Construction
during daytime hours will range from 7 to 14 during the early mobilization..." What are normal business
hours? is it daylight hours? Will there be nighttime construction? What does "...hours will range from 7-14..."
mean?
Will the laydown yard be paved? Are the two 48 SF concrete pads the same as the "two main equipment
pads with AC Recombiners"? What does MV stand for? "MV step up transformers". Will you have forty
125kVA inverters?
Thanks,
Diana
daungst@weldgov.com
970-400-3524
LIZ SCANLON-RAI
3
PROJECT DEVELOPER
SHE/HER/HERS
LSCANLON@MYSUNSHARE.COM
M. (240) 447-3708
MYSUNSHARE.COM
ism. Share
COMMurviex S0t41
4
Diana Aungst
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Mat Ricci <mricci@mysunshare.com>
Monday, October 10, 2022 5:43 PM
Liz Scanlon -Rai; Diana Aungst
RE: Lytle SEF - some questions
Follow up
Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Diana,
Nice to meet you via e-mail and apologies for any confusion from our statements in the application.
Our working hours during construction will be in the range of 7AM to 4PM or 5PM, for the most part during daylight in
the event that there are a few days we have to work a bit late to keep on schedule. The hours range in the application
stating "7-14" may have meant 0700 to 1400, but that would mean 7AM to 2PM which is not indicating 4PM or 5PM.
This was likely an error. No work be performed at night.
The laydown yard will be native crushed gravel delivered from a local source.
There will be two equipment pads, and yes you are correct that those are the ones with the AC recombiners. The AC
recombiners are similar to a typical commercial outdoor rated 600 Volt switchgear that you might see on buildings,
except these are free standing at about 7 feet high. Next to those at each pad will be a Medium Voltage (MV) step up
transformer. The 40 - 125kVA inverters will be placed within the solar arrays in the field along the center single axis
tracker drivelines so you will not see a large equipment pad with 20 inverters on racks at each pad. This gives the site a
cleaner look with minimal visual equipment in the center.
If you have any additional questions, please feel free to reach out to me anytime.
Sincerely,
VICE PRESIDENT OF PROJECT OPERATIONS
MRICCICWAYSUNSHARE.COM
650-808-5797
From: Liz Scanlon -Rai <Iscanlon@mysunshare.com>
Sent: Monday, October 10, 2022 10:16 AM
To: Diana Aungst <daungst@weldgov.com>; Mat Ricci <mricci@mysunshare.com>
Subject: Re: Lytle SEF - some questions
Hi Diana,
So sorry for the delay. The acreage for the project will be 31.7 acres. I'm looping in Mat Ricci, our VP of Ops, to answer
the remaining questions. Mat -- Could you please provide answers to Diana's questions? And please let me know if I
should be reaching out to anyone else for some of these.
1
Thank you!
On Wed, Oct 5, 2022 at 6:17 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Liz:
The application materials state that the SEF will encompass 30.5 acres in one section and 31.7 acres in
another section. It's kind of minor but I thought I'd find out. Additionally, there are no hours of operation for
construction but it does state: "Construction will run during normal business hours..." and "Construction
during daytime hours will range from 7 to 14 during the early mobilization..." What are normal business
hours? is it daylight hours? Will there be nighttime construction? What does "...hours will range from 7-14..."
mean?
Will the laydown yard be paved? Are the two 48 SF concrete pads the same as the "two main equipment
pads with AC Recombiners"? What does MV stand for? "MV step up transformers". Will you have forty
125kVA inverters?
Thanks,
Diana
daungst@weldgov.com
970-400-3524
PROJECT DEVELOPER
SHE/HER/HERS
LSCANLON@MYSUNSHARE.COM
M. (240) 447-3708
MYSUNSHARE.COM
--1.O1inShare
C o N Y U k I e r 5 0 L A R
2
Diana Aungst
From: Liz Scanlon -Rai <Iscanlon@mysunshare.com>
Sent: Monday, October 10, 2022 11:16 AM
To: Diana Aungst; Mat Ricci
Subject: Re: Lytle SEF - some questions
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
So sorry for the delay. The acreage for the project will be 31.7 acres. I'm looping in Mat Ricci, our VP of Ops, to answer
the remaining questions. Mat -- Could you please provide answers to Diana's questions? And please let me know if I
should be reaching out to anyone else for some of these.
Thank you!
On Wed, Oct 5, 2022 at 6:17 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Liz:
The application materials state that the SEF will encompass 30.5 acres in one section and 31.7 acres in
another section. It's kind of minor but I thought I'd find out. Additionally, there are no hours of operation for
construction but it does state: "Construction will run during normal business hours..." and "Construction
during daytime hours will range from 7 to 14 during the early mobilization..." What are normal business
hours? is it daylight hours? Will there be nighttime construction? What does "...hours will range from 7-14..."
mean?
Will the laydown yard be paved? Are the two 48 SF concrete pads the same as the "two main equipment
pads with AC Recombiners"? What does MV stand for? "MV step up transformers". Will you have forty
125kVA inverters?
Thanks,
Diana
daungst@weldgov.com
970-400-3524
PROJECT DEVELOPER$
SHE/HER/HERS
1
LSCANLON@MYSUNSHARE.COMS
M. (240) 447-3708
MYSUNSHARE.COM
C o N Y U k I e r 5 0 L A R
2
Hello