HomeMy WebLinkAbout20233444.tiff EXHIBIT
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Before the Weld County , Colorado , Planning Commission 3 - CXD --)
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
Case Number. USR23-0027
Applicant : Phyllis Burkgren , c/o USS South Platte Solar, LLC
Planner Diana Aungst
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 Description : W1 /2 SE 1 /4/4 of Section 36 , Township 5 North , Range 66 West of the 6' P . M . . Weld
County , Colorado .
Location : South of and adjacent to County Road 394 ; approximately 0 . 5 miles east of County
Road 35 .
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth. "
This Solar Energy Facility will provide construction jobs initially and energy generation 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
output . This facility can complement and support the economy during times of fluctuating oil
and gas activity .
22-2-30. C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF , which is an unmanned
energy development facility . There are no residences less than five hundred ( 500) feet from
the facility .
B . Section 23-2 -220 . A . 2 . -- The proposed use is consistent with the intent of the A (Agricultural )
Zone District .
Section 23-3- 10 . — Intent , of the Weld County Code states , "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business , industrial and residential land uses . The A (Agricultural )
Zone District is established to maintain and promote agriculture as an essential feature of the
County . The A (Agricultural ) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production , and for
areas for natural resource extraction and energy development , without the interference of
other, incompatible land uses . "
Once the proposed SEF is operational , residents , businesses , and public entities within Xcel
Energy ' s service territory will have the ability to subscribe to the proposed SEF and save 5 to
Resolution USR23-0027
Phyllis Burkgren,do USS South Platte Solar,LLC
Page 2
10 percent on their monthly electric utility bills
Section 23-3-40 FF —Uses by special review,of the Weld County Code includes,"Solar
Energy Facilities(SEFs),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 nineteen(19)
acres and qualifies as a SEF USR
This SEF will include three(3)conex(cargo)containers during construction These cargo
containers shall be removed from the site during operations or shall be reduced to two(2)as
two(2)cargo containers are allowed as an Accessory Use,per 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
There are eight(8)A(Agricultural)zoned properties that surround this site Because the Solar
Energy Facility is located on the south side of the property there are no residences less than
500 feet from the proposed facility The surrounding land uses are primarily agricultural
There are eight(8)USRs within one(1)mile of the site USR-1053 for seed production,SUP-
446 fora 20 dog kennel,USR-600 fora natural gas facility,USR-848 fora storage facility,SUP-
131 for a gravel pit,3rd Amended USR-597 for a natural gas processing facility,USR-1163 for
a storage and parking of oilfield equipment,and USR13-0012 for agricultural services
The Godfrey Ditch runs east/west through the subject site and the SEF will be located south of
the ditch US Solar has been in contact the Godfrey Ditch representative,Mr Daniel Gallen,
Water Resources Specialist at Aurora Water Mr Gallen is aware the SEF and of US Solar's
need to cross the ditch US Solar will eventually likely need to execute a Crossing Agreement
with Godfrey Ditch Per the application materials Mr Gallen doesn't anticipate any issues
between the proposed SEF and the ditch owners But stated that US Solar should avoid
significant grading so that sediment would not blow into the ditch US Solar does not plan on
conducting any significant grading on the parcel Mr Gallen stated that any access-path
improvements would need to be brought to the ditch owners However,US Solar does not
anticipate any major access-path improvements,and plan on utilizing the existing eastern
gravel access path The Godfrey Ditch did not return any referral agency comments
An Approved Jurisdictional Determination(AJD)(NWO-2022-01095-DEN)from the U S Army
Corps of Engineers,dated December 20,2022,was provided stating that all features on the
site(except for Godfrey Ditch)are not Waters of the U S and therefore do not require a permit
for the discharge of dredged or fill material The site is also in a floodplain
Weld County Department of Planning Services staff sent notice to seven(7)surrounding
property owners within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received
The proposed use is in an area that can support this development and the Development
Standards,and the Conditions of Approval will assist in mitigating the impacts of the facility on
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
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the adjacent properties and ensure compatibility with surrounding land 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
The site is located within the Coordinated Planning Agreement Area(CPA)for the City of Evans
and the Town of LaSalle As part of the pre-application process the municipalities were sent a
Notice of Inquiry(NOI)The City of Evans submitted a Notice of Inquiry dated May 26,2023
that stated no concerns and that they didn't wish to annex According to the City of Evans'
Community Master Plan(2022)and corresponding future land use map the site is located
outside the City's Urban Growth Boundary
The Town of LaSalle submitted a Notice of Inquiry dated June 6,2023 stating that they do wish
to annex when the property is eligible The comprehensive plan map for the Town of LaSalle
shows the site within the primary and secondary growth boundaries and 100-year floodplain
The site is located within the three(3)mile referral area of the Cities of Greeley and Evans and
the Towns of LaSalle and Garden City The City of Evans and the Town of Garden City did not
submit referral agency comments The City of Greeley submitted referral agency comments
dated July 6,2023 stating that they have no concerns
The Town of LaSalle submitted referral agency comments dated July 21,2023 that included
the following comments
1 A requirement for a flood plain development permit for the project,
2 A condition regarding annexation of the property when eligible and at the request of
the Town,
3 A condition on the permit prohibiting truck traffic for the project traveling on First
Avenue through the Town of LaSalle,
4 A requirement for applicant to provide an integrated weed management plan to assure
weeds are controlled at the site,
5 A requirement for an erosion control plan to make sure storm water runoff is managed
to limit transport of sediment into adjacent properties and the existing irrigation ditch
on the property,
6 A requirement for construction traffic from the south to use CR 35 as the primary haul
route for the project,
7 A limitation on left turns from HWY 85 onto 394 and from 394 onto HWY 85
8 If construction traffic will travel on 394 through the LaSalle town limits,please require
the applicant to enter into a road maintenance agreement with the Town of LaSalle
The applicant provided an email dated October 4,2023 that stated that a discussion was held
with the Town and that US Solar is agreeable to all eight(8)conditions as stated by the Town
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
A-P(Airport)Overlay District,I-25 Overlay District,Geologic Hazard Overlay District,MS4-
Municipal Separate Storm Sewer System area,Historic Townsites Overlay District,Agricultural
Heritage Overlay District,or part of a Disproportionally Impacted Community
The property is located within a Special Flood Hazard Area
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
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Phyllis Burkgren,do USS South Platte Solar,LLC
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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 proposed facility is located on approximately 20 acres of soils designated as"Prime
Farmland if drained and'either protected from flooding or not frequently flooded during the
growing season"Aquolls and Aquents,gravelly substratum per the USDA Natural Resources
Conservation Service(NRCS)Custom Soil Report The proposed use of the property for an
SEF will not remove topsoil from the property After the life of the SEF the land may be returned
to historic uses
According to the applicant materials,"Historically,this property has been used for farming row
crops like corn,wheat,soybeans,etc Our landowners have informed us that,in 2023,they've
teamed up with Petrocco Farms to plant vegetables on the parcel While US Solar doesn't know
the exact motive for Phyllis Burkgren signing our solar lease,we assume it's financial Put
another way,it's likely more financially-viable for our landowners to lease this land to US Solar
for the operation of an SEF than our landowners leasing this land to a tenant farmer for the
harvesting of row crops and vegetables"
The applicant submitted a follow up email dated October 4,2023 which states that the SEF will
encompass approximately 19 7 acres of the forty-three(43)acres which allows the remaining
23 3 acres to continue to be utilized as cropland Additionally,a majority of the 19 7 acres within
USS South Platte's fenced area will be transformed into a diverse mix of pollinator-friendly,
low-lying,deep-rooted grasses,which will be planted underneath the modules and between
the rows The general intention of this pollinator-friendly habitat is to reduce stormwater runoff
and increase crop yields of any neighboring farmland The pollinator-friendly habitat is intended
to enhance the local wildlife,such as bumblebees,monarch butterflies,and more This site will
also involve agnvoltaics in the form of beekeeping A community beekeeper is invited to use
the site as an apiary While the solar panels generate electricity from the sun,bees make honey
and pollinate the habitat planted underneath and in-between the rows of solar panels
G Section 23-2-220 A 7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250,Weld County Code),Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health,safety,and welfare of the
inhabitants of the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health,safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
This recommendation is based,in part,upon a review of the application materials submitted by the
applicant,other relevant information regarding the request,and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Road Maintenance Agreement(Construction)is required at this location Road maintenance
includes,but is not limited to,dust control and damage repair to specified haul routes during
construction(Development Review)
B The applicant shall comply with the referral comments from Colorado Parks and Wildlife,as
stated in the referral response dated August 4,2023 Evidence of such shall be submitted in
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
Page 5
writing to the Weld County Department of Planning Services (Department of Planning
Services)
C The applicant shall submit an executed crossing agreement from Godfrey Ditch(Department
of Planning Services)
D The applicant shall acknowledge the advisory referral comments from the Weld County Oil and
Gas Energy Department,as stated in the referral response dated June 29,2023 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Services)
E The applicant shall submit the Interconnection Agreement(Department of Planning Services)
F The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR23-0027(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)
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 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)
8) 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)
9) 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)
10)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)
11)CR 394 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant
shall delineate and label on the site map the future and existing right-of-way(along with
the documents creating the existing right-of-way)and the physical location of the road All
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
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setbacks shall be measured from the edge of right-of-way This road is maintained by Weld
County(Development Review)
12)Show and label an approvable access point onto CR 394 and the usage type(s)
(Agriculture,Residential,Commercial/Industrial,or Oil and Gas)Development Review will
review the access location as a part of the plan submittal The applicant must obtain an
access permit in the approved location prior to construction(Development Review)
13)Show and label the drainage flow arrows(Development Review)
14)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(Floodplain Administration)
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 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 tracking control shall be constructed prior to on-site construction(Development
Review)
C An access permit shall be obtained prior to on-site construction(Development Review)
D If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required
(Development Review)
E If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required(Department of Planning Services-Floodplain)
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
Page 7
6 Prior to Operation
A The site shall not contain more than two(2)cargo containers (Department of Planning
Services)
Motion seconded by Shana Morgan
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I,Kristine Ranslem,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 November 7,2023
Dated the r of November,2023
W 5\i finF-,Y k2 IGK ZIK.
Kristine Ranslem
Secretary
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Phyllis Burkgren
USR23-0027
1 A Site-Specific Development Plan and Use by Special Review Permit,USR23-0027,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 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,according to the application materials 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 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)
7 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)
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 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)
Resolution USR23-0027
Phyllis Burkgren,do USS South Platte Solar,LLC
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11 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)
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)per Section 23-4-1030 C 7 of the Weld County Code,as amended
(Department of Planning Services)
13 Access permit Prior to construction of the SEF,the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Planning,pursuant to the provisions of Article
XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code,as amended
(Department of Planning Services)
14 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)
15 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/reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation (Department of
Planning Services)
16 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
17 The site shall be maintained in accordance with the accepted Lighting Plan (Department of
Planning Services)
18 All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code(Department
of Planning Services)
19 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)
20 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)
21 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)
22 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)
23 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement(Development Review)
Resolution USR23-0027
Phyllis Burkgren,do USS South Platte Solar,LLC
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24 Pnor to the release of building permits,the applicant shall be required to submit a complete access
application for a"preliminarily approved"access location as shown on this plan (Development
Review)
25 The historical flow patterns and runoff amounts on the site will be maintained (Development
Review)
26 Weld County is not responsible for the maintenance of onsite drainage related features
(Development Review)
27 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)
28 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)
29 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)
30 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)
31 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)
32 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)
33 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)
34 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)
35 A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency(FEMA)
FIRM Community Panel Maps#08123C-1726F dated September 17,2020(South Platte River)
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 by not limited to buildings or other structures,mining,dredging,
filling,grading,paving,excavation,drilling operations,or storage of equipment and materials
36 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
Resolution USR23-0027
Phyllis Burkgren,do USS South Platte Solar,LLC
Page 11
37 Lighting shall be maintained in accordance with the approved Lighting Plan(Department of
Planning Services)
38 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)
39 Building permits may be required,for any new construction,set up 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 Chapter29 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)
40 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
(Department of Planning Services)
41 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)
42 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700,as
amended(Department of Planning Services)
43 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
44 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
45 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
46 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
Resolution USR23-0027
Phyllis Burkgren,do USS South Platte Solar,LLC
Page 12
47 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
48 In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit,a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated,for good cause shown The landowner shall be notified at
least ten(10)days prior to the hearing If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit,then the termination becomes final,and the Use by Special Review Permit is vacated
49 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
50 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
Resolution USR23-0027
Phyllis Burkgren,c/o USS South Platte Solar,LLC
Page 13
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 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,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
EXHIBIT
Summary of the Weld County Planning Commission Meeting
Tuesday , November 7 , 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair
Elijah Hatch , at 1 : 30 p . m .
Roll Call .
Present : Elijah Hatch . Michael Wailes , Pamela Edens , Michael Palizzi , Shana Morgan , Barney
Hammond .
Absent : Skip Holland , Butch White , Virginia Guderjahn .
Also Present : Kim Ogle , Chris Gathman , Diana Aungst, Maxwell Nader, and Tom Parko , Department of
Planning Services , Lauren Light . Department of Health . Karin McDougal and Bruce Barker, County
Attorney , and Kris Ranslem , Secretary .
Case Number: USR23-0027
Applicant : Phyllis Burkgren , c/o USS South Platte Solar. LLC
Planner: Diana Aungst
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 Description : W1 /2 SE1 /4 of Section 36 , Township 5 North , Range 66 West of the 6th P . M . , Weld
County , Colorado .
Location : South of and adjacent to County Road 394 ; approximately 0 . 5 miles east of County
Road 35
Diana Aungst , Planning Services , presented Case USR23-0027 , reading the recommendation and
comments into the record . Ms . Aungst noted that there were no letters received in opposition from
surrounding property owners . The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards .
Commissioner Hammond asked which entrance will be the access to the site . Ms . Aungst said that they
will be using the east side access and added that the entrance with the cattle guards is for an oil and gas
facility access .
Lauren Light . Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Luke Gildemeister , US Solar, LLC , 2604 Highland View Lane , Burnsville , Minnesota , stated that they are
proposing a 3 . 625 megawatt solar facility on approximately 19 . 7 acres . Mr. Gildemeister noted that the
proposed solar facility is not located within 500 feet of any residences . The expected life of this solar facility
is 20 to 30 years .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
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 USR23-0027 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 Palizzi , Seconded by Shana Morgan .
Vote : Motion carried by unanimous roll call vote ( summary : Yes = 6 ) .
Yes : Barney Hammond , Elijah Hatch , Michael Palizzi , Michael Wailes , Pamela Edens , Shana Morgan .
1
Commissioner Hammond expressed concern about approving these pnorto an access agreement in place
He added that he has concerns that because it is crossing a ditch and it hasn't been approved
Meeting adjourned at 6 01 p m
Respectfully submitted,
' Y\.lbbne 'Al14Ce4-c
Kristine Ranslem
Secretary
2
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