HomeMy WebLinkAbout20231306.tiffPlanner:
Case Number:
Property Owners:
LAND USE APPLICATION
SUM MARY
C. Gathman Hearing Date: May 2, 2023
US R23-0008
Jerry L. Loeffler, Personal Representative of the Estate of Lydia Loeffler, C/O Kyle
Sundman — Pivot Energy — 1750 15th Street, #400, Denver, CO. 80202
Site Address: 23896 County Road 35, LaSalle, CO 80645
Request: A Site -Specific Development Plan and Use by Special Review Permit outside of
subdivisions and historic townsites for a Solar Energy Facility (SEF) in the A
(Agricultural) Zone District.
Legal Part of the W2NW4 north of the Lower Latham Drainage Ditch in Section 1, T4N,
Description: R66W of the 6th PM, Weld County, Colorado
Location: South of and adjacent to County Road 394 and east of and adjacent to CR 35.
Size of Parcel:
Parcel boundary: ± 77.05
acres
Solar array: ± 35 acres
Parcel No. 1057-01-0-00-041
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the VVeld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Weld County Department of Public Health and Environment, referral dated January 27, 2023
• Weld County Department of Planning Services —Development Review, referral dated January 27, 2023
• Weld County Department of Planning Services — Floodplain, referral dated February 23, 2023
• Town of LaSalle, referral dated February 14, 2023
• Weld County Oil and Gas Energy Department, referral dated January 25, 2023
• Weld County Office of Emergency Management, referral dated April 10, 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
• Weld County Department of Planning Services - Code Compliance, referral dated January 24, 2023
• City of Greeley, referral dated February 2, 2023
• City of Evans, referral dated January 26, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
• LaSalle Fire Protection District
• Colorado Department of Transportation
• Colorado Division Parks and Wildlife
• Town of Milliken
• Weld County RE -1 School District
• Lower Latham Ditch Company
• Weld County Department of Planning Services - Building Inspection
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■ PDC Energy, Inc.
■ KP Kauffman
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Case Summary:
The applicant is proposing a five (5) megawatt DC solar facility on approximately 35 -acres of an existing
77 -acre parcel. The application indicates approximately 11,000 solar panels will be installed. The facility
will include panels and inverters mounted on steel posts/beams, concrete -pad mounted transformers and
other electrical equipment. Panels will be no more than ten (10) feet above grade will be surrounded by a
decorative wildlife friendly game fence (deer fence) with the exact fence height subject to final structural
engineering. There are two existing oil wells and equipment in the proximity to the facility. The preliminary
USR map delineates that the facility will be setback more than 25 -feet (more than 50 -feet in some locations)
than from the two (2) existing oil wells and improvements on the property. A contracted Operations and
Maintenance crew of one (1) to four (4) people will access the site up to eight (8) times annually for routine
inspections, maintenance and vegetation control. The facility will be remotely monitored. The application
indicates that areas within the fence line and any other construction disturbance will be planted with native,
low growth grasses in keeping with vegetation common for the area. Grasses will be hydro -seeded or
Hydro -mulched drought tolerant mix. Vegetated areas will be monitored for weeds and re -treated if
necessary, using typical weed management practices. If dust mitigation required, water will be provided by
truck.
There is an approved Zoning Permit fora Solar Facility (Solar Energy Facilities Less than Five (5) Acres)
has been approved under ZPSF22-0001 on the adjacent parcel to the north. This proposed Solar Energy
Facility is proposed to be 3 acres in size. This facility has not yet been constructed. This property is under
the same ownership as the USR property (Loeffler).
Landscaping and screening waivers are not required as they are proposing to place the solar panels more
than 500 -feet away from the nearest residences.
The facility is un-manned, 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.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Sec. 22-2-30. - Land Use Goals and Objectives.
A. Section 23-2-10. 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 this plan [Comprehensive Plan] shall be consistent
and promote financially responsible growth."
This Solar Energy Facility will initially 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.
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C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned
energy development facility. The proposed solar facility is proposed to be setback
approximately 550 -feet from County Road 35 and will be setback more than five hundred (500)
the nearest residences. 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.
The proposed use is permittable under Section 23-3-40.
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 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 thirty-five (35)
acres of a sixty-six (66) acre parcel 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.
The applicant indicates a temporary officetrailer may be utilized during construction. If an office
trailer is utilized during construction it will be removed from the property prior to operation.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are thirteen (13) properties that surround this site. Eight (8) parcels with residences are
located to the east (on the west side of County Road 35) along with one (1) residence located
to the south and one (1) residence located to the northwest. A special use permit for a kennel
(SUP -446 — kennel for up to 20 dogs) is located to the west and a dairy (USR13-0012 - 7,500
head dairy) is located to the south. The properties to the immediate northwest and within 1/4
mile to the west are in the City of Evans and have a city designated zoning of 1-3, Heavy
Industrial and PUD. The application and draft USR map delineate the boundaries of the solar
facility on the eastern portion of the property (setback from residences to the west and
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northwest). The application also indicated that the solar facility will be setback more than 500 -
feet from the nearest residence. There is a Zoning Permit for a Solar Facility (Solar Energy
Facility less than (5) Acres) that was approved under case # ZPSF22-0001 in 2022 on the
adjacent property to the north. This property is under the same owner as the proposed USR
property. This facility has not been constructed as of April 2023.
VVeld County Department of Planning Services staff sent noticeto twenty-nine (29) surrounding
property owners within 500 feet of the proposed USR boundary. No written correspondence or
telephone calls were received.
The proposed use is in an area that can support this development and the proposed screening,
Development Standards, and Conditions of Approval will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding land uses and region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral areas of the City of Evans, City of Greeley,
Town of LaSalle and Town of Milliken and within the Cooperative Planning Agreement
Boundaries (IGA) for the Towns of LaSalle and Milliken and the City of Evans. Notice of Inquiry
forms were provided to these municipalities in June 2022. The City of Evans indicated that they
were not interested in pursuing annexation in their Notice of Inquiry response dated June 30,
2022, and the Town of LaSalle indicated that they were not interested in pursuing annexation
in their Notice of Inquiry response dated January 2023. No response was received from the
Town of Milliken.
The Town of LaSalle, in their referral comments dated February 14, 2023, requested a
requirement that the western half of the property adjacent to County Road 35 remain open for
future development, obtain a flood hazard permit and establish a haul route during construction
that avoids First Avenue in the Town of LaSalle. Conditions of approval are attached requiring
a flood hazard permit for any development in the floodplain and requiring a haul route to be
established. The site is within the Town of LaSalle's Primary and Secondary Growth
Boundaries. The future land use map is not available online.
The City of Evans and City of Greeley in their referral comments, dated January 26, February
2, 2023, indicated that they have no concerns. No referral response was received from the
Town of Milliken. According to the City of Evans' Community Master Plan and corresponding
future land use map the site is located outside of the City's Urban Growth Boundary.
E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld County Code.
The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District or Airport Overlay District. The property is located within a Special Flood Hazard Area.
Building Permits issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.6 — The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposal is located on approximately 35 acres designated as Prime farmland if drained
and either protected from flooding or not frequently flooded during growing season with low
slope (0 to 3 percent) and poorly drained soils. 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
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uses. The application indicates that well water with limited pumping rights on site. There are
no records of irrigation wells for agricultural production on this property. There is an existing
well permit 92982-A for domestic and livestock irrigation purposes and well permit 133886 for
livestock irrigation on the site. As of April 2023, A portion of the site appears to be planted in
grass/hay with a portion of the site being disturbed ground/potentially cultivated -disked. The
solar array facility is proposed to utilize a native seed mixture that would help to preserve the
land for future agricultural use.
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, VVeld 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 their referral response dated January 25, 2023.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (OGED)
B. The applicant shall address the Town of LaSalle referral dated February 14, 2023, regarding
a defined construction haul route that prohibits traffic on traveling on First Avenue through
the Town of LaSalle. Written evidence of such shall be provided to the Department of
Planning Services. (Town of LaSalle)
C. The applicant shall attempt to address the Town of LaSalle referral comments (items 1 and
2) as stated in their referral dated February 14, 2023. Written evidence of such shall be
provided to the Department of Planning Services. (Town of LaSalle)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Development Review)
E. 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)
F. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to
utilize their access road for an access. (Department of Planning Services)
G. The applicant shall submit the Interconnection Agreement. (Department of Planning
Services)
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H. There are two (2) existing residences on the property 1 (one) residence was constructed in
1910 and one (1) residence was constructed in 1937. These residences were constructed
before zoning was established on the property. The applicant shall either: 1) submit a
nonconforming use application for one (1) of the existing residence or in the alternative 2) a
Zoning Permit for a Second Dwelling application shall be submitted forthe second residence
provided it meets the requirements of Chapter 23, Division 8 of the VVeld County Code.
(Department of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0008 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D and Section 23-4-
1030 of the VVeld County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-
240.A.13 of the Weld County Code addresses the issue of trash collection areas.
(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
VVeld 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 VVeld
County Code for design criteria. (Department of Planning Services)
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. The map shall delineate the landscaping and screening in accordance with the
approved Landscape and Screening Plan, if applicable. (Department of Planning
Services)
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 VVeld County. (Development Review)
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11. County Road 394 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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 rig ht -of -
way. This road is maintained by VVeld County. (Development Review)
12. Show and label the existing permitted access point onto CR 35 and the usage type
(Commercial). Development Review will review the access location as a part of the
plan submittal. (Development Review)
13. If applicable, show and label the accepted drainage features. Stormwater ponds should
be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the
calculated volume. Otherwise, show and label the drainage flowarrows. (Development
Review)
14. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services - Floodplain)
15. Show the inverter pad and extent of solar panels on the map. The map shall identify
the setback distance from the nearest single-family residence. The solar panels shall
be setback a minimum of 500 -feet from the nearest residence as stated in the
application materials. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required. (Department of Planning Services - Floodplain)
B. If more than 1 acre is to be disturbed, a VVeld County grading permit will be required prior to
the start of construction. (Development Review)
C. The approved tracking control shall be constructed priorto on -site construction. (Development
Review)
D. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (Department
of Planning Services)
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5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Loeffler CIO Pivot Energy
USR23-0008
1. A Site -Specific Development Plan and Use by Special Review Permit, USR23-0008, fora fora 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 VVeld County
Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The facility is unmanned and will operate year-round, according to the application materials. Limited
maintenance personnel may visit the site once operational. (Department of Planning Services)
5. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured fromthe 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)
6. 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 VVeld County Code, as amended. (Department of Planning Services).
(Department of Planning Services)
7. 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 besubmitted 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)
8. 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 VVeld County
Code, as amended. (Department of Planning Services)
9. Underground cables. All electrical cables on the improved area shall be buried, except fordirect 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)
10. 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 VVeld County Sign Code, as amended. (Department of Planning Services)
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11. Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage
Report and the required Storm Drainage Criteria pursuant to, Article Xl 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)
12. 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 VVeld County Code, as amended.
(Department of Planning Services)
13. 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)
14. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per Section 23-4-
1030.B.4.h of the VVeld County Code, as amended, VVeld 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)
15. The site shall be maintained in accordance with the accepted Property Maintenance Plan. (Department
of Planning Services)
16. 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)
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
18. The property owner shall maintain compliance with the Decommission Plan and the Communication
Plan. (Department of Planning Services)
19. 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)
20. 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)
21. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
24. 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)
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25. 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)
26. 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 VVeld County Code.
(Department of Public Health and Environment)
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
28. 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)
29. 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)
30. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Map Panel #08123C -1726F and 1730F issue date September 17, 2020, (South Platte River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made change to improved or unimproved
real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Flood plain)
31. FEMA floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact VVeld County to determine if the flood plain boundaries
have been modified. (Department of Planning Services - Floodplain)
32. Building permits shall be required for any new construction or set up manufactured structure, 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 the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2020 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the VVeld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
33. 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. (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 VVeld County Code.
35. Necessary personnel from the VVeld 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 VVeld County regulations.
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36. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable VVeld 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 VVeld 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 operatorshall be responsibleforcomplying with all of theforegoing 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 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.
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. 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.
41. 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 VVeld 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, thosefeatures 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 accommodatethe 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
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Page 13 of 14
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 hund red (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.
USR23-0008, LOEFFLER
Page 14 of 14
March 20, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weldgov.com
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
Sundman Kyle
1750 15th Street #400
Denver, CO 80202
Subject: USR23-0008 - 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:
NORTH OF LOWER LATHAM DRAINAGE DITCH, BEING PART OF THE W2NW4 SECTION 1, 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
Respectfully,
/C) '
Chris Gathman
Planner
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