HomeMy WebLinkAbout20232346.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst
Case Number: USR23-0002
Owner: D -Dart Ranch Inc c/o Cheri Dent
6708 N LCR 19, Fort Collins CO 80524
Hearing Date: August 1, 2023
Authorized Agent: SunShare, LLC, dba Lincoln Solar, LLC c/o Beau Scott
1724 Gilpin Street, Denver, CO, 80218
Request:
A Site -Specific Development Plan and Use by Special Review Permit for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal Lot B Family Farm Division FFD22-0021; Being part of the NE4 of Section 13, T7N, R66W,
Description: of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to HWY 14 and west of and adjacent to CR 37
Acreage:
Parcel boundary: +/- 153 acres
Solar array: +/- 35 acres
Parcel No. 0707-13-1-00-060
The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of the
Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
➢ Xcel Energy Public Service Company, referral dated July 10, 2023
➢ Colorado Department of Transportation, referral dated July 11, 2023
➢ State of Colorado, Division of Water Resources, referral dated February 14, 2023
➢ Weld County Department of Public Health and Environment, referral dated January 19, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated January 26, 2023
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated February 23, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated January 17, 2023
➢ West Greeley Conservation District, referral dated February 13, 2023
➢ Weld County Office of Emergency Management, referrals dated July 10, 2023
➢ Weld County Oil and Gas Energy Department, referral dated January 19, 2023
➢ Weld County Department of Planning Services - Code Compliance, referral dated January 24, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Ault
➢ Ault Fire Protection District
➢ Colorado Parks and Wildlife
➢ North Weld County Water District
➢ Weld County School District RE -9
USR23-0002 I D -Dart Ranch Inc.
Page 1 of 12
CASE SUMMARY:
The applicant, SunShare, LLC, dba Lincoln Solar, LLC, is requesting a Use by Special Review (USR) for a
Solar Energy Facility (SEF), known as the Lincoln Solar Garden. The SEF will be 5,000 kW AC facility that will
encompass 35.1 acres in the northeastern corner of a 153 -acre parcel. The parcel is privately owned by D -
Dart Ranch, Inc. The SEF will consist of 11,024 modules mounted to single -axis tracking arrays. Along with
the 106 rows of single -axis trackers the SEF will also include DC to AC conversion inverters, two (2) main
equipment pads with AC Recombiners, switchgear and MV step up transformers that connect to Xcel's grid.
The solar panels will not exceed ten (10) feet in height above grade, at maximum tilt.
Construction will occur during daylight hours. There will be a maximum of sixty (60) workers on site at any one
time. Once the SEF is operational a maintenance crew will visit the site quarterly or as needed.
During the construction phase, waste will be stored in refuge dumpsters, which will be emptied on a regular
basis or as needed. Once the facility is operational, there will be no waste or refuge produced from the solar
operation. During the construction phase there will be a materials and equipment laydown yard located on the
interior of the facility. This laydown area will be approximately 12,500 square feet in size. One (1) conex
container will remain on site for storing spare modules and other spare parts.
The facility is unmanned and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
The code requires landscaping and screening or waivers from the affected property owner if the site is within
500 feet of a residence. This site is located within 500 feet of three (3) residences all located to the north of
the site. The applicant is proposing to construct a six (6) foot tall, offset -picket composite privacy fence along
the northern boundary of the Solar Energy Facility. The fence will extend south about twelve (12) feet along
the east and west boundaries of the site.
An eight (8) -foot tall game fence will be installed around the entire perimeter of the site. This eight (8) -foot
fence is in addition to the privacy fence. The fence and gate will be constructed of 4" X 4" welded rod material.
A decommissioning plan was submitted with the application materials.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED
FOR THE FOLLOWING REASONS:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a
significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy Facility, being a power -
generating facility, will add variety, stability and redundancy to the existing electrical grid.
Traditional energy resources are tied to commodity markets and can vary in demand and output.
This facility can complement and support the economy during times of fluctuating oil and gas
activity.
USR23-0002 I D -Dart Ranch Inc.
Page 2 of 12
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 are three (3) residences that are less than five hundred (500) feet from
the facility. A six (6) foot tall, offset -picket composite privacy fence along the northern boundary of
the Solar Energy Facility extending around on either side about twelve (12) feet.
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.
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEES), being more than five (5) acres in size but less than one -hundred sixty (160)
acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but
less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located
in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld
County Code, a "Solar Energy Facility means: a commercial facility whose primary purpose is to
supply electricity and consists of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and other appurtenant structures
and/or facilities." The SEF will encumber approximately thirty-five (35) acres of the 158 -acre parent
parcel and qualifies as an SEF USR.
This USR facility will also include one (1) storage container (conex) for storing spare modules and
other spare parts, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County
Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The properties adjacent to the parent parcel are zoned A (Agricultural) to the north, east, and
south and the land uses include pastures, crops and rural residences. The majority of the adjacent
properties to the west are annexed into the Town of Ault and are zoned either residential or
industrial. There are three (3) rural residences on the north side of HWY 14 that are less than 500
feet from Solar Energy Facility.
There are six (6) USRs within one (1) mile of the site. 2MUSR16-87-786 for onion sorting, storage,
and multi -family dwelling for employees is located south of the site, SUP -14 for a feed lot is
northwest of the site, USR-1078 for a farm implement business, USR-1020 for storage of sugar
beets, SUP -148 for an 8,000 head feedlot for sheep, and MUSR15-0011 for a 9,600 head feedlot
and a 2nd single-family residence are all located east of the site.
Weld County Department of Planning Services staff sent notice to twenty-three (23) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
USR23-0002 I D -Dart Ranch Inc.
Page 3 of 12
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 -- 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 (CPA) for the Town of Ault. As part
of the pre -application process the municipality was sent a Notice of Inquiry (NOI). The Town of
Ault submitted a Notice of Inquiry dated August 23, 2022, with a letter that states, "This property
borders the Town of Ault on our east town limit. The town has interest in annexation of this property
due to that fact. However, the Town of Ault is opposed to a Solar Energy Facility for this property
regardless of remaining in the county or through annexation to the town, as it does not fit our
Comprehensive Plan."
On November 7, 2022, the applicant's representative, SunShare, met with the Town of Ault to
discuss the Notice of Inquiry comments and possible annexation. Per the summary of the meeting
provided included in the application materials. SunShare responded to the Town's questions about
the selection of this location for a Solar Energy Facility and any benefit to the Town and stated
that the property owner reached out to us [SunShare] with an interest in leasing her land for solar.
The letter also states, "Cheri [the property owner] does not have enough water rights on the
property for agriculture alone to be economical and has elected to add solar to her land as well."
Following the November 7, 2022, meeting the property owner, Ms. Cheri Dent, submitted a letter
to Weld County, dated November 9, 2022, that stated that she does not wish to annex her property
in whole or in part to the Town of Ault. The Town submitted a letter dated November 8, 2022,
reiterating the comments from the NOI and also stating that this property is the only property
adjacent property adjacent to the Town limits that is not owned by the City of Thornton therefore
it is "attractive for annexation and development."
Section 19-13-50.A. of the Weld County Code, the Intergovernmental Agreement with the Town
of Ault, states, in part, that: "If the municipality submits recommendations, the County shall either
include within its written decision the reasons for any action taken contrary to the same or furnish
such reasons to the municipality by a separate writing." The Department of Planning Services
furnished such reasons to the Town in a letter dated June 26, 2023, Exhibit 1.
The Future Land Use Map for the Town depicts this site as Single -Family Residential and
Agricultural. The Single -Family Residential portion includes a park and indicates that the park and
the —21-acre floodplain on the southwestern quarter of the site are open space. The Agricultural
portion of the site is swath of land that abuts CR 37 on the east and HWY 14 on the north and is
approximately 40 acres in size. The Town's zoning on the adjacent to the site includes residential
closest to HWY 14 and industrial to the south of the residential portion. The Northern Colorado
Area Plan (NCAP) transmission line for Xcel Energy has been approved for under USR21-0018.
This transmission line traverses the property from east to west along the northern boundary and
north to south along the western boundary.
The property is about 150 acres in size and, assuming that the 21 acres of floodplain, the 35 -acre
Solar Energy Facility, and the NCAP transmission line easement are areas that are not
developable there is still about 100 acres remaining unencumbered. The addition of a 35 -acre
Solar Energy Facility does not significantly restrict the Town's ability to develop this site as the
unencumbered 100 acres could be developed within the Town's corporate limits if: 1) the property
owner chose to annex to the Town and 2) if the Town updated their Future Land Use Map to
change the Agricultural depiction to a more intense designation.
The site is located within the three (3) mile municipal referral radius of the Town of Ault. The Town
did not submit referral agency comments.
USR23-0002 I D -Dart Ranch Inc.
Page 4 of 12
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, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural
Heritage Overlay District.
The southwestern portion of the property is located in the Special Flood Hazard Area, but the
Solar Energy Facility is not located in the floodzone.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The facility is on approximately 20 acres of soils identified as "Prime Farmland if Irrigated" with
low -slope (1-3%), Kim loam, approximately 12 acres of soils identified as "Prime farmland if
irrigated with soil erodibility" with low -slope (1-3%), Otero fine sandy loam, and 2 acres of "Prime
farmland if irrigated with soil erodibility" with low -slope (1-3%) Otero sandy loam. The proposed
use of the property for an SEF will not remove topsoil from the property. After the life of the Solar
Energy Facility, the land may be returned to historic uses. The SEF is compatible with traditional
A (Agricultural) Zone District uses as it will not inhibit farming practices outside of the project area
and a grassland vegetative cover will be maintained under the solar panel arrays.
Per the application materials the property owner does not own any rights and only has a coffin
well. There is not enough water to properly irrigate the full parcel and as a result the northern
portion of the property is very low -yielding due to poor soil and lack of water.
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 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 referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated January 19, 2023. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
USR23-0002 I D -Dart Ranch Inc.
Page 5 of 12
B. The applicant shall address the comments of the Division of Water Resources, as stated in the
referral response dated February 14, 2023. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the comments of the Colorado Department of Transportation (CDOT),
as stated in the referral response dated July 11, 2023. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated July 10, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0002. (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 the location of the trash collection areas, if applicable. Include specification
details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design
criteria. (Department of Planning Services)
8. Show and label any on -site lighting, if applicable. All lighting shall be downcast and shielded
so that light rays will not shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design
criteria. (Department of Planning Services)
9. Show and label 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 37 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 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)
USR23-0002 I D -Dart Ranch Inc.
Page 6 of 12
12. Show and label the proposed access point onto CR 37 and the usage type (Commercial).
Development Review will review the access location as a part of the plan submittal.
(Development Review)
13. Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along with
the documents creating the right-of-way. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date the administrative review was signed, a $50.00 recording continuance
fee shall be added for each additional 3 -month period. (Department of Planning Services)
4. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security
in an amount sufficient to fund the estimated decommissioning/reclamation costs required by
Section 23-4-1030. B.4 of the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan
shall be updated to include the approved security information. (Department of Planning Services)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
USR23-0002 I D -Dart Ranch Inc.
Page 7 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
D -Dart Ranch Inc
USR23-0002
1. A Site Specific Development Plan and Use by Special Review Permit, USR23-0002, 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)
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)
USR23-0002 I D -Dart Ranch Inc.
Page 8 of 12
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 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. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1030.B.4.h of the Weld County Code, as amended, Weld County shall have the right to draw upon the
irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in
the event that the holder has not commenced decommissioning/reclamation activities within ninety
(90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation. (Department of Planning Services)
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. 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)
19. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (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)
24. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
25. 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)
26. 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)
USR23-0002 I D -Dart Ranch Inc.
Page 9 of 12
27. 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)
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
29. 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)
30. 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)
31. 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 Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
32. 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.
33. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
34. 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)
35. 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.
36. 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.
37. 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.
38. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
USR23-0002 I D -Dart Ranch Inc.
Page 10 of 12
39. 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.
40. 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.
41. 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.
42. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
USR23-0002 I D -Dart Ranch Inc.
Page 11 of 12
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
USR23-0002 I D -Dart Ranch Inc.
Page 12 of 12
June 15, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@co.weld.co.us
Phone: (970) 400-3524
Fax: (970) 304-6498
Beau Scott, SunShare LLC dba Lincoln Solar LLC
1724 Gilpin Street
Denver, CO 80218
Subject: USR23-0002 - A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
NE4 SECTION 13, T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 01, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 16, 2023
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Diana Aungst
)(5k/k/S2k,CtifIlikea,
Planner
Hello