HomeMy WebLinkAbout20233524.tiff EXHIBIT
a
Before the Weld County , Colorado , Planning Commission
11-
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes , 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. 1MJUSR23-22-0027
Applicant : CBEP Land 2 . LLC . c/o CBEP Solar 9 , LLC and ECA CO Lead
Planner Kim Ogle
Request . A Site Specific Development Plan and Use by Amended Special Review Permit for a
Solar Energy Facility (SEF ) outside of subdivisions and historic townsites in the A
(Agricultural ) Zone District .
Legal Description : Part of the E1 /2 NW1 /4 and part of the W1 /2 E1 /2 SW1 /4 of Section 34 . Township 6
North , Range 65 West of the 6`h P . M . Weld County , Colorado .
Location : South of and adjacent to County Road 64 , approximately 1320 feet east of County
Road 43 .
be recommended favorably to the Board of County Commissioners for the following reasons :
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 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 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 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 . There is one residence that is less than five hundred ( 500) feet from the facility .
The applicant will either get a waiver from the nearby residence to the west or plant Rocky Mountain
Junipers along the outside of the western fence line to provide natural screening for the nearby
residence .
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 . "
This code section supports the installation of the subject Solar Energy Facility , which is an energy
development . The facility will provide power to be utilized by residences , businesses and farming
operations in Weld County .
Resolution 1 MJUSR23-22-0027
CBEP Land 2,LLC,c/o CBEP Solar 9,LLC and ECA CO Lead
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Section 23-3-40 FF—Uses by special review,of the Weld County Code includes,"Solar Energy
Facilities(SEF'S),being more than five(5)acres in size but less than one-hundred sixty(160)acres
in the Near/Urban Area as shown on Appendix 21-B,or being more than five(5)acres but less than
three-hundred twenty(320)acres in the Ag/Rural Area as shown on Appendix 21-B"
__
This code section allows the applicant to apply for the subject Solar Energy Facility,being located in
the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-1-90 of the Weld County
Code,a"Solar Energy Facility means a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other accessory structures,equipment,
including substations,switchyards,battery storage,electrical infrastructure,generators,transmission
lines,communications infrastructure,and other appurtenant structures and/or facilities"The SEF will
encumber approximately 66 52 acres of a 152 27 acre parent parcel
The proposal meets the intent ofA(Agricultural)Zone District as the facility will produce energy 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 properties adjacent to the parent parcel are zoned A(Agricultural)and the land uses include
pastureland,production agriculture and rural residences Weld County Department of Planning
Services staff sent notice to thirteen(13)surrounding property owners who own the thirteen(13)
adjacent properties within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received
There are sixty-six(66)USRs within one(1)mile of the site with the predominate uses being energy
development,aggregate mining,transmission line corridors,solar facilities and animal confinement
facilities The Greeley Weld County Airport is located approximately 4000 feet to the east and
immediately adjacent to the south
' Based on the referral agency responses and the location of the site 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--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 2060
Comprehensive Plan Land Use Guidance Map identifies the proposed SEF within the defined
boundary of the Northeast Industrial Area The 2021 Zoning Map identifies this property to be outside
of the current corporate boundary 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 August 22,2023,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"The
City of Greeley has not established regulations regarding solar development"
E Section 23-2-220 A 5--The application complies with Chapter 23,Articles V and XI,of the Weld
County Code
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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 I-25 Overlay District,Special Flood Hazard Area,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
The facility will be located on Dacono clay loam soils which are classified with an C rating per the
soil report dated June 22,2023,from the Natural Resource Conservation Service Soil Survey
These have a high infiltration rate and low runoff potential The land is classified as prime farmland,if
irrigated The land is and has been irrigated up until 2015 when a permanent Dry-Up Covenant and
Easement was recorded under reception no 4145503 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
The applicant indicates that the land will continue in agricultural production if the site is
decommissioned Per the application materials the property owner stated that there are no water
rights associated with the land
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 The applicant shall acknowledge the advisory comments Public Service of Colorado,as stated in the
referral response dated August 25,2023 Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services(Department of Planning Services)
I
Resolution 1MJUSR23-22-0027
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B The applicant shall acknowledge the advisory comments of the Colorado Division of Water Resources,
as stated in the referral response dated October 7,2022 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)
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
I 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 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 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)
6 Any existing and proposed solar facility installations and electrical equipment,power lines,
structures,temporary work traders,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)
7 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)
8 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
Resolution 1 MJUSR23-22-0027
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Refer to Section 23-2-250 D of the Weld County Code for design criteria (Department of
Planning Services)
9 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 PlannitServices)
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 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 traders)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)
Resolution 1 MJUSR23-22-0027
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4 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 tracking control shall be constructed prior to on-site construction
(Development Review)
C 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)
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)
Motion seconded by Barney Hammond
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 7.of November,2023
Kristine Ranslem
Secretary
Resolution 1MJUSR23-22-0027
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP Solar 9,LLC,and ECA CO Lead
1 MJ US R23-22-0027
1 Site Specific Development Plan and Amended Use by Special Review Permit,1 MJUSR23-22-0027 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 Limited maintenance personnel may visit the site
once operational(Department of Planning Services)
6 Height limitation Ground-mounted solar collectors shall not exceed twenty-five(25)feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation(Department of Planning Services)
7 Glare The SEF shall be placed so that concentrated solar glare from its solar collectors will not be
directed toward or onto nearby properties or roadways at any time of the day(Department of Planning
Services)
8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone Additionally,the improved area must be at least five hundred(500)feet from existing residential
buildings and residential lots of a platted subdivision or planned unit development The residential setback
requirement may be reduced if appropriate screening through landscape or an opaque fence is installed,
or upon submittal to Weld County of a waiver or informed consent signed by the residence owner
agreeing to the lesser setback If landscaping or opaque fencing is substituted for setback,a landscaping
plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per
Section 23-4-1030 C 3 of the Weld County Code,as amended(Department of Planning Services)
9 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code,
as amended(Department of Planning Services)
10 Underground cables All electrical cables on the improved area shall be buried,except for direct current
string wires that connect between solar collectors,direct current collection circuits between rows of solar
arrays that are no more than four(4)feet above grade crossings,substations,switchyards,and circuit
voltages greater than 34 5 kilovolts(where necessary)(Department of Planning Services)
11 Fencing The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan as
presented in the application materials Appropriate signage shall be placed upon such fencing that warns
the public of the high voltage therein(Department of Planning Services)
12 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report
and the required Storm Drainage Criteria pursuant to Chapter 8,Article XI of this Code Ground-mounted
solar collector systems shall be exempt from impervious surface calculations if the soil under the
1
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collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service
(NRCS)(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 Public Works,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
and reclamation activities within ninety(90)days of the Board of County Commissioners'order or
resolution directing decommissioning and reclamation(Department of Planning Services)
16 The site shall be maintained in accordance with accepted Property Maintenance Plan(Department of
Planning Services)
17 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)
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 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)
21 During construction,all liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and
Facilities Act,30-20-100 5,C R S)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination(Department of Public Health and Environment)
22 During construction,no permanent disposal of wastes shall be permitted at this site This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act,30-20-100 5,C R S(Department of Public Health and Environment)
23 During construction,waste materials shall be handled,stored,and disposed in a manner that controls
fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions The
facility shall operate in accordance with Chapter 14,Article 1 of the Weld County Code(Department of
Public Health and Environment)
24 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)
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25 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the facility(Department of Public Health and Environment)
26 The facility shall comply with the Air Pollution Emission Notice(A P E N)permit requirements as
stipulated by the Air Pollution Control Division,Colorado Department of Public Health and Environment,
as applicable
27 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S
28 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code(Department of Public Health and Environment)
29 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)
30 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)
31 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)
32 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement(Development Review)
33 Weld County is not responsible for the maintenance of onsite drainage related features(Development
Review)
34 The historical flow patterns and runoff amounts on the site will be maintained(Development Review)
35 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
36 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
37 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
38 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
39 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
40 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
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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
41 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
42 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including,but not limited to,sand and gravel,oil,natural gas,and
coal Under title 34 of the Colorado Revised Statutes,minerals are vital resources because(a)the state's
commercial mineral deposits are essential to the state's economy,(b)the populous counties of the state
face a critical shortage of such deposits,and(c)such deposits should be extracted according to a rational
plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often,mineral resource sites are
fixed to their geographical and geophysical locations Moreover,these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the mineral resource
43 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County maybe 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
Resolution 1MJUSR23-22-0027
CBEP Land 2,LLC,c/o CBEP Solar 9,LLC and ECA CO Lead
Page 11
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
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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 Parka . Department of
Planning Services , Lauren Light . Department of Health . Karin McDougal and Bruce Barker, County
Attorney , and Kris Ranslem . Secretary .
Motion : Approve the October 3 , 2023 Weld County Planning Commission minutes , Moved by Michael
Wailes , Seconded by Barney Hammond . Motion passed unanimously .
Case Number: 1MJUSR23-22-0027
Applicant: CBEP Land 2 . LLC . c/o CBEP Solar 9 . LLC and ECA CO Lead
Planner: Kim Ogle
Request : A Site Specific Development Plan and Use by Amended Special Review Permit
for a Solar Energy Facility ( SEF ) outside of subdivisions and historic townsites in
the A (Agricultural ) Zone District.
Legal Description : Part of the E1 /2 NW1 /4 and part of the W1 /2 E1 /2 SW1 /4 of Section 34 , Township
6 North . Range 65 West of the 6th P . M . Weld County , Colorado .
Location : South of and adjacent to County Road 64 , approximately 1320 feet east of County
Road 43 .
Kim Ogle , Planning Services , presented Case 1MJUSR23-22 -0027 , reading the recommendation and
comments into the record . Mr. Ogle noted that one ( 1 ) telephone call was received from a surrounding
property owner about the proposed facility and no other written correspondence was received . The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards .
Lauren Light , Environmental Health . reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Brysen Daughton , Cloudbreak Energy , 300 East Canyon Street , Lafayette , Colorado , stated that this project
is for an expansion to an existing solar facility . He added that is a 36-acre community solar project which
will start in 2024 with completion into early 2025 . The expected life of the solar facility is 20 to 35 years .
Mr. Daughton stated that sheep are expected to graze on the property a few times per year to maintain the
vegetation .
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 1MJUSR23-22 -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 Wailes , Seconded by Barney Hammond .
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
Meeting adjourned at 6:01 p.m.
Respectfully submitted,
4'5\i46.bnc.
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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