HomeMy WebLinkAbout20233200.tiffRESOLUTION USR23-0034
Barry James Reider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
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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 (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
twenty-eight and a -half (28 5) acres and qualifies as an SEF USR
This USR facility will also include two (2) storage containers for construction and
operation usage, being Accessory Uses, permitted by Section 23-3-30 B of the Weld
County Code
Also, the applicant is also proposing a temporary construction trailer office during
construction Per Section 23-4-190 of the Weld County Code "a zoning permit shall not be
required for a manufactured structure in the A (Agricultural) Zone District if such structure
is already shown on an approved and recorded Use by Special Review map "
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses
The adjacent lands consist of pastures, crops, and rural residences The closest residence is
approximately 400 -feet to the west of the proposed facility
There are three (3) USRs within one mile of the site USR-471 (three (3) 183 -foot radio
towers), USR17-0038 (Brewery) and USR18-0077 (36 -inch crude pipeline)
The Weld County Department of Planning Services sent notice to four (4) Surrounding
Property Owners Planning staff received correspondence from one (1) surrounding
property owner within 500 feet of the parent parcel The letter outline concerns about
potential health issues from heavy metals in solar operations, f ire concerns and the
proximity to the nearest residence (within 500 -feet), electromagnetic pulses, viewshed
concerns (glare from panels, obstructed views and property value reduction were
mentioned) Based on these concerns the property owner is objecting to the location of
the Solar Energy Facility (SEF)
The Weld County Office of Emergency Management and the Nunn Fire Protection
District did not provide any referral comments on this case The facility is required to
adhere to all applicable regulations of State and Federal Agencies and the Weld County
Code
RESOLUTION USR23-0034
Barry James Reider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
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The applicants conducted a community meeting on August 7, 2023 Five (5) neighboring
property owners attended this meeting Notes/minutes of the meeting were provided by the
applicant Items discussed included the nature of screening of the facility (berming , trees,
type and height of fencing), the nature and frequency of the grazing on the site, the potential
for leaching of chemicals and heavy metals
The Conditions of Approval require that the applicant submit a Landscaping/Screening
Plan 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
land 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 located within the Coordinated Planning Agreement Area (CPA) for the
Town of Ault As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI) on May 26, 2023 The Town of Ault did not submit a Notice of
Inquiry response
The site is located within the three (3) mile referral area of the Town of Ault The Town of
Ault stated that they had no conflicts with their interests in their referral response dated
July 17, 2023
The property is located outside of the Planning Area for the Town of Ault
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 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, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the
County - Wide Road Impact Fee Program Building Permits issued on the proposed lot
will be required to adhere to the fee structure of the 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 39 9% of
the site consists of (0-1% slope) Kim loam, 31 5% (1 to 3% slope) Otero sandy loam, 25% 7
(1-3% slope) Nunn loam, 2 8% Nunn clay loam (0 to 1% slope) Nunn clay loam All soil
types are classified as "Farmland of local importance" with the exception that Otero
sandy loam is identified as Prime farmland if irrigated and the product of I (soil erodibility) x
RESOLUTION USR23-0034
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C (Climate Factor) does not exceed 60 No Prime Farmland will be removed from
production
The application indicates that there is no irrigation system on the property The property
has a dry -up covenant with the East Lanmer County Water District who has bought the
water rights
G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure
that there are adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
This recommendation is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A A Road Maintenance Agreement (Construction) is required at this location Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes during construction (Development Review)
B The applicant shall acknowledge the requirements of the Weld County Department of
Building Inspection as stated in the referral comments dated July 14, 2023 Written
evidence of such shall be provided to the Department of Planning Services (Building
Inspection)
C The applicant shall acknowledge the comments of the Weld County Department of Oil and
Gas Energy (OGED) as stated in the referral comments dated July 25, 2023 Written
evidence of such shall be provided to the Department of Planning Services (OGED)
D A Landscape and Screening Plan (if a setback waiver is not provided) shall be
submitted to and approved by the Department of Planning Services that screens the
site from the Surrounding Property Owners and rights -of -way An irrigation plan shall be
submitted with the Landscape and Screening Plan (Department of Planning Services)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0034 (Department of Planning Services)
RESOLUTION USR23-0034
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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 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 dunng
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
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 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)
10 CR 39 is a gravel 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)
11 Show and label the proposed access point onto CR 39 and the usage type(s)
(Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review
will review the access location as a part of the plan submittal (Development
Review)
12 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
RESOLUTION USR23-0034
Barry James Raider Living Trust and Julie Ann Nelson Living Trust do CBEP Solar 17, LLC
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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 tracking control shall be constructed prior to on -site construction
(Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(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)
5 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)
Motion seconded by Pamela Edens
VOTE
For Passage
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Shana Morgan
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
RESOLUTION USR23-0034
Barry James Raider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
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Certification of Copy
I, Michelle Wall, 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 October 3, 2023
Dated the 3'd day of October 2023
die. O° uA2e-
Michelle Wall
Secretary
RESOLUTION USR23-0034
Barry James Raider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Barry James Reider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
USR23-0034
1 A Site Specific Development Plan for a 5 8 MW 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,
RESOLUTION USR23-0034
Barry James Reider Living Trust and Julie Ann Nelson Living Trust c/o CBEP Solar 17, LLC
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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 th
Fencing Plan as presented in the application materials Appropriate signage shall be place
upon such fencing that warns the public of the high voltage therein (Department of Plannin
Services)
12 Stormwater management The Operator of the SEF shall comply with the app roved Final
Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI o
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)
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 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
18 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
19 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)
20 There shall be no parking or staging of vehicles on public roads (Development Review)
21 The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement (Development Review)
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22 The historical flow patterns and runoff amounts on the site will be maintained
(Development Review)
23 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)
24 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)
25 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)
26 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction and operation of the facility (Department of Public Health and Environment)
27 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)
28 The facility shall comply with the Air Pollution Emission Notice (A P E N ) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
29 The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment)
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 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
32 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties
in accordance with the map 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)
33 Building permits may be required, for any new construction, setup 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
RESOLUTION USR23-0034
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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)
34 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
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 (Department of Planning
Services)
36 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended
37 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 (Department of Planning Services)
38 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 (Department of Planning
Services)
39 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
(Department of Planning Services)
40 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 The Director of Planning Services may grant an
extension of time, for good cause shown, upon a written request of the landowner
41 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
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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 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
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 may
be open and spacious, but they are intensively used for agriculture Persons moving into a rural
area must recognize and accept there are drawbacks, including conflicts with long -standing
agricultural practices and a lower level of services than in town Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of
life Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long -established
agricultural practices to accommodate the intrusions of urban users into a rural area Well -run
agricultural activities will generate off -site impacts, including noise from tractors and
equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest
and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning,
flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance
wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial
spraying It is common practice for agricultural producers to utilize an accumulation of
agricultural machinery and supplies to assist in their agricultural operations A concentration
of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with
agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and county roads outside of municipalities The sheer magnitude of the
area to be served stretches available resources Law enforcement is based on responses to
complaints more than on patrols of the County, and the distances which must be traveled may
RESOLUTION USR23-0034
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delay all emergency responses, including law enforcement, ambulance, and f ire 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
Mr Daughton spoke on a study done by the panel manufacturer on the topic of leaching of chemicals and
heavy metals Panels are made with 76 percent glass, 10 percent plastic, 8 percent aluminum, 5 percent
silicon and 1 percent of heavy metals The Toxic Characteristic Leaching Procedure (TCLP) was performed
to check if lead, cadmium, arsenic, barium or mercury were found The test findings were below Colorado
and Federal regulations for any leachate
Mr Daughton addressed the concern about fire There was a battery fire at a solar farm that made the
news recently He said that none of the solar farms will have any batteries If a ground fault is detected by
the software, inverters will automatically shut down and disconnect the DC module strings from the AC
electric system Cloudbreak's team will have remote capabilities to disconnect the system and shut down
each electrical component in case of emergency
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Michael Woodruff, 41640 County Road 34, Ault, Colorado Mr Woodruff said he is the property owner and
resident who lives next to this property He lives extremely close to the project and is very concerned of
health threats from heavy metals, chemicals and other elements that were not listed in Cloudbreak's
_ presentation Mr Woodruff said they have well water, and he does not want their water contaminated
Contaminated water could then affect his livestock, grasslands, gardens, etc He is also worried about the
possibility of an electrical fire starting
Commissioner Hammond asked Mr Woodruff if the applicant agreed to more screening such as a berming
or other screening would it change your mind at all Mr Woodruff answered that if it had to go through, he
would much rather not have to see it He also feels if the company is doing a berm for one person, they
should do it for everyone
Mr Woodruff reiterated that his biggest concern is leachate Commissioner Holland asked Mr Woodruff if
he had any proof of leaching happening from solar panels Mr Woodruff said he provided that information
with his letter that is submitted into record Commissioner Palizzi asked Mr Woodruff if his house was
uphill or downhill from the site Mr Woodruff replied downhill and directly across from it
Barry Reider, 325 Cedar Avenue, Eaton, Colorado Mr Reider said he is one of the property owners He
said they have been working with Cloudbreak for 4 years on this project and he is very impressed with
them Because the land is under a dry -up covenant, he feels this is the best use for their property
Julie Nelson, 325 Cedar Avenue, Eaton, Colorado Ms Nelson said she is the other property owner and
wife of Mr Reider She said they purchased the property to build a home on and eventually plan to live
there
Mr Daughton said they would be open to more screening He referenced the TCLP findings that were
below Colorado and Federal regulations for any leachate
Commissioner Hammond asked Mr Daughton if they would be willing to test Mr Woodruff's soil and well
water prior to the solar panel project and then again after a year of the panels being on the property so that
Mr Woodruff can have peace of mind The Chair stated that would be an agreement between Cloudbreak
and Mr Woodruff and not enforced by Weld County
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0034 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 Skip Holland, Seconded by Pamela Edens
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip
Holland, Virginia Guderjahn
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 6 02 pm
Respectfully submitted,
Michelle Wall
Secretary
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