HomeMy WebLinkAbout20230072.tiffLAND USE APPLICATION
SUMMARY
Planner: Kim Ogle Hearing Date: December 6, 2022
Case Number: USR22-0027
Property Owner: CBEP Land 2. LLC, 4845 Pearl East Circle, Suite 118, Boulder, CO 80301
Applicant: CBEP Solar 2, LLC, and CBEP Solar 8, LLC
c/o Zach Brammer, P.O. Box 1255, Sterling, CO 80751
Request:
Legal
Description:
Location:
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.
Part of the W2 of Section 34, T6N, R65W of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 64, approximately 1320 feet east of County
Road 43
Size of Parcel: ± 112.81 acres
Size of SEF Areas: ± 35.7 acres
Parcel No. 0803-34-2-00-002
The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4-
1030 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
■ Weld County Department of Planning Services — Development Review, referral dated September 23, 2022
■ Weld County Department of Public Health and Environment, referral dated September 28, 2022
■ Weld County Department of Planning Services— Floodplain Administrator, referral dated September 28, 2022
■ City of Greeley, referral dated October 12, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Weld County Sheriff's Office, referral dated September 22, 2022
■ Greeley Fire Department, referral dated October 4, 2022
■ Weld County Office of Emergency Management, referral dated September 22, 2022, October 5, 2022
■ Weld County Department of Planning Services — Code Compliance, referral dated October 5, 2022
■ Colorado Division of Water Resources, referral dated October 7, 2020
■ West Greeley Conservation District, referral dated October 11, 2022
■ Weld County Oil and Gas Energy Department, referral dated October 12, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ Sand Creek Short Line Ditch • DCP Midstream, LP
■ Greeley -Weld County Airport Authority • Noble Energy, Inc.
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■ Public Service of Colorado (Xcel Energy) • Colorado Parks and Wildlife
Case Summary:
The applicant, CBEP Solar 2, LLC is proposing to construct two (2) Solar Energy Facilities (SEF) adjacent
to each other on the same one hundred twelve (112) acre parcel. The Solar Energy Facilities are a part of
the Xcel Energy Solar*Rewards Community program. Bickling 1 is a 2.375 -megawatt (MW) Solar Energy
Facility and Bickling 2 is a 1.00 -megawatt (MW) Solar Energy Facility. The two (2) SEFs total 3.375 mega-
watts (MW) for a total of 3.375 mega -watts (MW) and have a footprint of approximately 35.7 acres all within
a 112 -acre parcel. Each facility will consist of solar modules mounted about five (5) feet above the existing
grade on single -axis trackers, which allow the panels to track the sun from east to west over the course of
the day. The project will also include inverters mounted on steel posts or beams, concrete -pad mounted
transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates.
The Solar Energy Facilities are within five hundred (500) feet of six (6) residences, with the solar facility
footprint located within five hundred (500) feet of four (4) homes located to the west and north of the solar
energy facility footprint. The applicant sent out a letter the week of October 17, 2020, notifying the
residences of the pending land use application and proposed visual mitigation, including vegetative
screening through landscaping and/ or an opaque fence.
Bickling 1 will consist of approximately 4,400 solar modules, nineteen (19) inverters one (1) transformer,
which will power approximately eight hundred (800) homes coupled with Bickling 2 which will consist
of approximately 2,400 solar modules, eight (8) inverters and one (1) transformer, with both facilities utilizing
other electrical equipment, which will power approximately three hundred forty (340) homes. The site
will be visited for bi-annually for routine maintenance of both equipment and vegetation. The facility is
remotely monitored 24/7 by full time staff. The site will be re -vegetated using a native habitat mix, which will
decrease erosion, prevent noxious weed growth and establishment. The native habitat mix will be
maintained by vegetation experts to facilitate establishment. The property is currently vacant land, with no
irrigated agriculture or water rights, and was previously used for oil and gas production. Area lighting is not
proposed for the facility.
The Decommission and Reclamation plan submitted with the application indicates that the site will be
decommissioned and reclaimed at the end of the lease term of twenty (20) years with an option of four (4)
additional five (5) year terms, operational life, or if the site is non -operational for twelve (12) months. Much
of the equipment is recyclable. The estimated cost for reclamation is approximately $75,000 for Bickling 2
and $170,000 for Bickling 1 and this is the amount suggested by the applicant for the surety bond. In the
event the application is approved, the applicant will work with staff to ensure the surety meets Weld County
standards
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and
Section 23-4-1030.B of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-10 state the Guiding Principles that serve as the foundation for land use policy in the
County. Section 22-2-10.B states "One of the basic principles upon which the United States was
founded is the right of citizens to own and utilize property so long as that use complies with local
regulations and does not interfere with or infringe upon the rights of others."
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The applicant and property owner has made a business decision on the highest and best use of
his property currently in a dry -up covenant. Of the one hundred thirteen (113) acre parcel thirty-
five (35) acres will be utilized for the proposed solar energy facility. The land under the solar
panels will be planted with a dry -land native grass seed that has been generally accepted for
re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious
weed growth.
Section 22-2-30 C. states Harmonize development with surrounding land uses."
The adjacent land will experience minimal nuisance from the SEFs, which is an unmanned energy
development facility with limited traffic generation once operational. The applicant has proposed
screening and landscaping options for residences within five hundred (500) feet of the facility.
Screening is required from the adjacent property owners and will include a double row of triangulated
Rocky Mountain Juniper along the adjacent property owners fence line. Rocky Mountain Juniper
trees have historically performed very well on sites with these soil conditions, location and
elevation, and local plant community composition. In addition to providing a visual buffer from
neighboring residences, the landscape screening is designed to fit with the neighborhood and
benefit the local environment. The applicant will provide waivers from the property owners with
residences closer than five hundred (500) feet who -request to not be screened from the facilities.
Section 22-2-60.8 "Support responsible energy and mineral development."
According to the application, the Solar Energy Facility will connect into the Xcel Energy power grid.
The application states that efforts will be made to protect the soil and minimize the impacts to the
area. Further, once operational, the proposed SEF creates no noise, odor, light or flickering,
vibration, vermin, dust, or other nuisances. The operation of the SEF is virtually unnoticeable to
neighboring properties and it will not impact surrounding property's right to quiet enjoyment.
Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists
or can be made available prior to development of energy and mineral resource production
facilities." This portion of CR 64 is a gravel road that is currently in engineering review as part of
the County Road 66 alignment study, and possible right-of-way acquisition that could potentially
impact setbacks. There is existing overhead electric service located south of County Road 64.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The proposed use, Solar Energy Facility, is permittable under Section 23-3-40.FF of the Weld
County Code as defined here, Solar Energy Facilities (SEF's), being more than five (5) acres in
size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five
(5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area. This proposed
facility footprint is in the urban area.
The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural production, and for areas for natural
resource extraction and energy development, without the interference of other, incompatible land
uses.
The applicant and property owner has made a business decision on the highest and best us of
the thirty-five (35) acre area for the solar energy facility. The proposed compact solar energy
resource development will conserve lands and minimize the impact on surrounding land and the
existing surrounding land uses.
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The proposal meets the intent of A (Agricultural) Zone District, including the Principles, Goals and
Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce
energy harvested from the sun and will not interfere with adjacent agricultural operations.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property is within five hundred (500) feet of fourteen (14) parcels, with six (6) homes, with the
solar facility footprint located within five hundred feet of four (4) homes, specifically west of and
north of the SEF footprint. As part of the application process, Weld County provided notice to these
property owners, and no responses were received. The proposed visual mitigation, Development
Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent
properties and ensure compatibility with surrounding land uses and region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not designated as an Opportunity Zone on the Weld County Comprehensive Plan.
The site is located within the three (3) mile referral area of the City of Greeley and within the three
(3) mile referral area and the Coordinated Planning Agreement area for the Town of Kersey. The
2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to
County Road 62. This property is located on County Road 66 and is therefore outside of Kersey's
Future Land Use Planning Area. The City of Greeley in their referral of October 12, 2002, stated
"The subject site is located within Greeley's Long Range Expected Growth Area the area in which
the community anticipates annexation and urban development to occur in the future. And included
an advisory comment "... we understand there is not currently water/irrigation available on the
subject site, we would appreciate consideration for future landscape perimeter buffering and
screening...." The Town of Kersey returned the NOI dated July 29, 2022, with no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is within the Airport Overlay District. The proposed SEF complies with the height
limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations.
Further, the proposed SEF will not create electrical interference, include any lights, result in any
glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or
otherwise interfere in any way with the operations of the Airport as required by Chapter 23, Article
V, Section 23-5-40, use restrictions. The applicant will be required to file with the Federal Aviation
Administration, who will ensure that the proposed SEF fully complies with FAA requirements for
the Greeley -Weld County Airport.
The property is not within the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural
Heritage Overlay District. Building Permits issued on the property will be required to adhere to the
fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage
Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
Sorin Natural Resource Partners LLC (Sorin) in 2015 the owner of the property (Lot B RECX13-
0060) now described via a metes and bounds via a partial vacation, executed, and recorded a
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permanent Dry -Up Covenant and Easement. Per the Dry -Up Covenant and Easement recorded
September 28, 2015, under reception no. 4145503, states the conditions restrict the use of
water and water shares on this property. Para phrasing here, Sorin or their successors shall
not allow the planting of any crops which can extend roots into the underlying groundwater,
including, but not limited to, alfalfa.
Sorin or their successors shall re -vegetate the property during or before the first growing period
after the effective date of this Covenant with a dry -land native grass seed that has been
generally accepted for re -vegetation purposes on this land subject to dry -up and shall maintain
the desired vegetation growth and take reasonable measures to keep the property free of
noxious weeds.
The current property owner as successor will continue to maintain the dry -land native grasses
and will reseed as required for re -vegetation purposes not only the area under the solar panels
but the entire parcel per the covenant.
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. The applicant shall acknowledge the advisory comments of the Weld County Department of Planning
Services — Floodplain Administrator, as stated in the updated referral response dated September
28,2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments of the City of Greeley, as stated in the
referral response dated October 12, 2022. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
C. The applicant shall submit a dry land seed mix, acceptable per the dry -up covenant and easement
requirements for review and acceptance. (Department of Planning Services)
D. The applicant shall submit a landscape maintenance plan aimed at retaining the desired
vegetation while keeping the property free of noxious weeds. (Department of Planning Services)
E. The applicant shall submit a fencing plan for review and acceptance if not utilizing the perimeter
game fence with gates as stated in the application materials. (Department of Planning Services)
F. The applicant shall submit to the Department of Planning Services any screening waivers from
residents within five hundred (500) feet. If waivers are not obtained opaque screening is required
per the accepted Department of Planning Services Landscape and Screening plan (Department
of Planning Services)
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G. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties
to the west and north, the applicant shall submit an irrigation plan to the Department of Planning
Services for review and acceptance. (Department of Planning Services)
H. 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)
I. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0027 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
5. Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30.B
of the Weld County Code), storage areas and miscellaneous improvements, as applicable.
Clearly indicate which items are temporary for use during construction and which items are
permanent. (Department of Planning Services)
6. Required fencing, gates and any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. (Department of
Planning Services)
7. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will
not shine directly onto adjacent properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of
Planning Services)
8. Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code addresses
the issue of trash collection areas. (Department of Planning Services)
9. 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. Planned oil and gas surface development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement, if applicable. (Department of Planning Services)
11. Screening plan for residences within five hundred (500) feet, unless a waiver from the resident has
been supplied to the Department of Planning Services. (Department of Planning Services)
12. CR 64 is a paved road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and
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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. This portion of County Road 62 is under the jurisdiction of the City of Greeley. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access permit number if applicable.
(Development Review)
14. Show and label the proposed access point onto CR 64 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access
location as a part of the plan submittal. (Development Review)
15. 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 35 feet. (Development Review)
16. Show and label the drainage flow arrows. (Development Review)
17. If applicable, show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
18. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department
of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance fee shall be added for each additional 3 -month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start
of construction. (Development Review)
C. 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)
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5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cloud Break Energy Partners
USR22-0027
1. Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department
of Planning Services)
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site
once operational. (Department of Planning Services)
5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation. (Department of Planning Services)
6. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors will not be directed
toward or onto nearby properties or roadways at any time of the day. (Department of Planning Services)
7. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust
detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County Code, as
amended. (Department of Planning Services)
8. Underground cables. All electrical cables on the improved area shall be buried, except for direct current
string wires that connect between solar collectors, direct current collection circuits between rows of solar
arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit
voltages greater than 34.5 kilovolts (where necessary). (Department of Planning Services)
9. Fencing. The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan as
presented in the application materials. Appropriate signage shall be placed upon such fencing that warns
the public of the high voltage therein. (Department of Planning Services)
10. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage Report
and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground- mounted
solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors
is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).
(Department of Planning Services)
11. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld
County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not commenced decommissioning
and reclamation activities within ninety (90) days of the Board of County Commissioners' order or
resolution directing decommissioning and reclamation. (Department of Planning Services)
12. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
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13. The property owner shall maintain compliance with the Dry -Up Covenant and Easement recorded
September 28, 2015, under reception no. 4145503, at all times. (Department of Planning Services)
14. 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 -1535E issue date January 16, 2016 (Sand Creek Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition
of development is any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment and materials. (Department of Planning Services - Floodplain)
15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development
activities, the owner should contact Weld County to determine if the floodplain boundaries have been
modified. (Department of Planning Services - Floodplain)
16. 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)
17. 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)
18. 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)
19. 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)
20. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. 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)
25. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
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26. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
27. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
35. 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,
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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 responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
October 28, 2022
Brammer Zachary
PO Box 1255
STERLING, CO 80751
Subject: USR22-0027 - A Site Specific Development Plan and Use by Special Review Permit for a
Solar Energy Facility, including a temporary laydown yard and two (2) office trailers during
construction only, outside of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT B RECX13-0060; BEING P $ 5T 2 ) W26 ( & 7 , 2 1 otihe 6th P.M, Weld City.,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December
at
January
04, 2023 at
Building,
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Kim Ogle
Planner
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