HomeMy WebLinkAbout20231333.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Molly Nelson
Case Number: USR23-0007
Owner: Dorothy Davis and Roberta McGregor
Representative: Pivot Energy 33 c/o Kyle Sundman
1750 15th St. Suite 400
Denver CO, 80202
Hearing Date: May 2, 2023
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 of Recorded Exemption No. RE -446; being part of the SW4 of Section 12, T4N, R66W
Description: of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 35 north of and adjacent to County Road 46
Acreage: Parcel Boundary:+/- 74.8 acres Parcel Nos. 1057-12-0-00-081
Solar array: +/-26.60 acres 1057-12-0-00-082
1057-12-3-00-007
The criteria for review of this Use by Special Review are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
• Town of LaSalle, referral dated February 14, 2023
• Weld County Oil and Gas Energy Department, referral dated January 25, 2023
• State of Colorado, Colorado Division of Water Resources, referral dated February 21, 2023
• Weld County Department of Public Health and Environment, referral dated January 27, 2023
• Weld County Department of Planning Services — Development Review, referral dated January 26, 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 24, 2023
• Central Weld County Water District, referral dated February 2, 2023
• Weld County Office of Emergency Management, referral dated August 19, 2022
• 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:
• City of Evans
• Town of Gilcrest
• Noble Energy, Inc.
• Colorado Parks and Wildlife
• LaSalle Fire Protection District
• Weld County School District RE -1
• West Greeley Conservation District
• Colorado Division of Transportation
USR23-0007 — Pivot Energy 33
Page 1 of 11
CASE SUMMARY:
The applicant, Pivot Solar 33 LLC., is proposing to construct Use by Special Review Permit for a Solar Energy
Facility (SEF) which will be a five (5) -megawatt (5 MW AC) facility on approximately 26 acres of land that is
owned by Roberta McGregor and Dorothy Davis. The SEF will consist of about 11,000-11,500 solar modules.
The maximum height of the solar panels will not exceed twenty-five (25) feet in height as measured from the
highest grade below each solar panel to the highest extent of the solar panel rotation.
The subject property has a an approximately 2.53 acre Zoning Permit for a Solar Energy Facility (ZPSF),
ZPSF22-0002, located on the southern portion of the site. This ZPSF was administratively approved on April
27, 2022 with Conditions of Approval. Since given the conditional approval the conditions were met, and
construction has begun. This USR is not associated with the ZPSF.
During construction there will be a crew of about forty (40) people on site each day. Construction activities will
take place Monday through Friday from 7:00 a.m. to 6:00 p.m. One (1) temporary construction trailer may be
located on -site during construction as well as up to two (2) storage containers. Any debris, junk, or wastes
associated with building the project will be removed and disposed of property prior to completion. No waste
will be produced once the array is "turned -on" and producing energy.
Pivot will have an operations and maintenance team that will visit the site 4-8 times annually to perform routine
maintenance, project monitoring, and vegetation control. The maintenance teams will be on -site for up to four
(4) hours per visit. There will be an eight (8) -foot tall wildlife -friendly game fence around the Project. Holistic
land management practices shall be utilized by seeding with a low -growth, pollinator friendly, native -seed
mixture underneath the panels. The existing pivot on site is being converted to flood irrigation for the property
owner to be able to maintain farming on the remainder of the site. Water is provided through a well and Central
Weld County Water District. No irrigation will occur underneath the panels.
Landscaping and screening waivers are not required as there are no residences that are less than five hundred
(500) feet from the facility.
The facility is unmanned, and no water or sewage disposal service is proposed. Bottled water and portable
toilets will be provided during construction.
A decommissioning plan was submitted with the application materials and is currently under review.
THE 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 of the Weld County Code 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 initially provide construction jobs and future energy production 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.
USR23-0007 — Pivot Energy 33
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22-2-30.C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are no residences that are less than five hundred (500) feet from the
facility. Once operational, the proposed SEF creates no noise, odor, light or flickering, vibration,
vermin, dust, or other nuisances. The operation of the SEF is almost entirely unnoticeable to
neighboring properties and it will not impact surrounding property's right to quiet enjoyment.
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 project is committed to donating 100% of the energy produced to low-income Coloradans to assist
in paying the energy bills.
Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEFs), being more than five (5) acres in size but less than one -hundred sixty (160) acres in
the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than
three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B."
This code section allows the applicant to apply for the subject Solar Energy Facility, being located in
the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County
Code, a "Solar Energy Facility" means: "a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other accessory structures, equipment,
including substations, switchyards, battery storage, electrical infrastructure, generators, transmission
lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will
encumber approximately twenty-six (26) acres and qualifies as a SEF USR.
This SEF may also include two (2) 40 -foot conex (cargo) containers during construction. Cargo
containers are allowed as an Accessory Use, per Section 23-3-30.B of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are four (4) properties that surround this site. One property to the West is zoned 1-3 (Heavy
Industrial). The remainder of the properties adjacent to the site are zoned A (Agricultural). The land
uses include four (4) residences, agricultural uses, vacant land, SPR21-0001 for office space, outdoor
storage, and vehicle service/repair establishment, and USR13-0012 for agricultural services. The
closest residences are approximately 650 feet from the proposed disturbed location of the solar facility.
There are seven (7) USRs within one (1) mile of the site. South of the site there are Use by Special
Reviews; SUP -31 for a dairy, 1MUSR19-17-0003 for an office, and storage facility for a seed
dealership, USR11-0016 for a twelve (12) inch natural gas pipeline, and USR17-0050 for a greater
than twelve (12) inch high pressure natural gas pipeline. To the North of the subject property there is
a USR-1053 for seed production, a USR11-0010 for an oil and gas support facility, and a USR13-0012
for agricultural services
Weld County Department of Planning Services staff sent notice to fourteen (14) surrounding property
owners within 500 feet of the proposed USR boundary. No written correspondence or telephone calls
were received.
USR23-0007 — Pivot Energy 33
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The proposed use is in an area that can support this development and the Development Standards,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-220.A.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans and
the Town of LaSalle. As part of the pre -application process the municipalities were sent a Notice of
Inquiry (NOI). The City of Evans submitted a Notice of Inquiry dated June 13, 2022, which indicated
that the subject property is located out of the City's future land use map area and to work with LaSalle
moving forward.
The Town of LaSalle submitted a Notice of Inquiry dated January 23, 2023, stating that they do not
wish to annex at this time.
According to the City of Evans' Community Master Plan (-2022) and corresponding future land use
map the site is located outside the City's Urban Growth Boundary. The site is within the Town of
LaSalle's Primary and Secondary Growth Boundaries.
The site is located within the three (3) mile referral area of the City of Evans, the Towns of LaSalle
and Gilcrest. The Town of LaSalle submitted referral agency comments dated February 14, 2023,
requesting consideration regarding the western portion of the property adjacent to County Road 35 to
remain available for future development as shown on the Site Plan. The City of Evans and the Town
of Gilcrest did not submit referral agency comments.
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, Special Flood Hazard Area, Historic Townsites Overlay District,
Agricultural Heritage Overlay District, or part of a Disproportionally Impacted Community.
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 proposed facility is located on primarily on soils designated as " Prime farmland if irrigated" with
low slope (0-3%) Olney fine sandy loam per the USDA Natural Resources Conservation Service
(NRCS) Custom Soil Report. The proposed use of the property for an SEF will not remove topsoil from
the property. After the life of the SEF the land may be returned to historic uses.
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.
USR23-0007 — Pivot Energy 33
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This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. The applicant shall acknowledge the advisory comments of the Town of LaSalle, 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)
B. The applicant shall address the requirements of the Division of Water Resources, as stated in the
referral response dated February 21, 2023. Evidence of such shall be submitted in writing to the
Weld County (Department of Planning Services)
C. 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.
(Development Review)
D. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department as stated in their referral response dated January 25, 2023. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Oil and Gas
Energy Department)
E. The applicant shall submit the Interconnection Agreement. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0007. (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 of the Weld County Code.
(Department of Planning Services)
4) 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)
5) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
6) 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)
7) 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) \
8) Show and label the location of the trash collection areas, if applicable. Include
specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County
Code for design criteria. (Department of Planning Services)
USR23-0007 — Pivot Energy 33
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9) 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)
10) 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)
11) 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)
12) County Road 35 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
13) Show and label the existing permitted access point onto County Road 35 and usage type
(Commercial). Development Review will review the access location as a part of the plan
submittal. (Development Review)
14) Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along
with the documents creating the right-of-way. (Development Review)
15) 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
required one hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each additional three (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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
B. The approved tracking control shall be constructed prior to on -site construction.
(Development Review)
C. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form
of security in an amount sufficient to fund the estimated decommissioning/reclamation
costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and
approval by the Weld County Board of County Commissioners. Once approved, the
USR23-0007 — Pivot Energy 33
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Decommissioning and Reclamation Plan shall be updated to include the approved
security information. (Department of Planning Services)
USR23-0007 — Pivot Energy 33
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roberta McGregor and Dorothy Davis
USR23-0007
1. A Site -Specific Development Plan and Use by Special Review Permit, USR23-0007 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 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)
4. 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)
5. 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)
6. 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)
7. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive
dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County
Code, as amended. (Department of Planning Services)
8. Underground cables. All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, substations,
switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary) per Section 23-4-
1030.C.5 of the Weld County Code, as amended. (Department of Planning Services)
9. 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)
10. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code.
Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the
soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS) per Section 23-4-1030.C.7 of the Weld County Code, as amended.
(Department of Planning Services)
11. 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)
USR23-0007 — Pivot Energy 33
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12. 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)
13. 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)
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
(Department of Planning Services)
15. 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)
16. 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)
17. 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)
18. 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)
19. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
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. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
25. 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)
26. 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)
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27. Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and submitted. Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018 International Building
Codes; 2018 International Energy Code; 2020 National Electrical Code. (Department of Building
Inspection)
28. The property owner or operator shall be responsible for complying with the Use by Special Review
Design Standards and Operation Standards within Chapter 23, Article II of the Weld County Code.
(Department of Planning Services)
29. 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.
30. 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.
31. 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."
32. 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."
33. 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."
34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often 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.
USR23-0007 — Pivot Energy 33
Page 10 of 11
35. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which
attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR23-0007 — Pivot Energy 33
Page 11 of 11
March 21, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weldgov.com
Email: mrnelson@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Sundman Kyle
1750 15th Street #400
Denver, CO 80202
Subject: USR23-0007 - 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:
LOT B REC EXMPT RE -446; BEING PART OF THE SW4 SECTION 12, T4N, R66W of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 2, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 17, 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
Resp
Molly rlson
Planner
Hello