HomeMy WebLinkAbout20231310.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 27, 2023
SUBJECT: USR23-0008 SEF Loeffler
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: 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.
This project is south of CR 394 and is east of and adjacent to CR 35.
Parcel number: 105701000041.
Access is onto CR 35 (AP22-00272 — Commercial.).
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed to use an existing permitted access point onto CR 35 (i.e. AP22-00272).
No other access point is requested.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
CR 35 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. 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. If the right-of-way cannot be verified it shall
be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
CR 394 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. 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. If the right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is
measured from the future right-of-way line. Be aware that physical roadways may not be centered in the
right-of-way. This road is maintained by Weld County.
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/Government/Departments/Public-Works/Permits
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The most recent traffic counts (2022) for this portion of CR 35 found the annual average daily traffic is 442
vehicles per day with 23% trucks.
Traffic information submitted with the application materials indicates that construction traffic will be 10-15
vehicles per day of which 2 may be heavy vehicles and that the operation traffic would be 2-4 vehicles per
year.
No additional traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires approved tracking control during construction.
ROAD MAINTENANCE AGREEMENT (Construction)
Development Review is requesting a Road Maintenance Agreement for Construction including, but not
limited to, dust control and damage repair to specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul routes and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of
runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at
the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report signed and stamped by
a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report
must include a certification of compliance stamped and signed by the PE. A Certification of Compliance
form can be found on the Development Review website. General drainage report checklist is available on
the engineering website. More complete checklists are available upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Development Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. 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)
B. 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)
C. The USR map shall be amended to delineate the following:
1. CR 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)
2. CR 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 right-of-way. This road is maintained by Weld County. (Development Review)
3. 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)
4. 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 flow arrows. (Development Review)
Prior to Construction:
1. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
2. The approved tracking control shall be constructed prior to on -site construction. (Development
Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. 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)
2. 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)
3. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
5. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: January 27, 2023
Re: USR23-0008 Applicant: Jerry Loeffler, c/o Pivot Solar 35, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a Solar Energy Facility outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
As no employees will be located at the site, permanent water and sewer is not required.
Screened portable toilets, hand washing units and bottled water can be utilized during
construction. A dust mitigation plan was submitted and shall be adhered to.
We recommend the following requirements are incorporated into the permit as development
standards:
1. 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.
2. 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.
3. 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.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
5. 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.
6. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
PROJECT:
MEMORANDUM
TO: Chris Gathman
FROM: Diana Aungst
SUBJECT: USR23-0008, Jerry L Loeffler
DATE: February 23, 2023
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
PARCEL: 105701000041
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
PRIOR TO CONSTRUCTION:
1. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. 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 Panel Maps #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 but 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 - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Submit by Email
Weld County Referral
January 24, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerry Loeffler, c/o Pivot Solar 36, LLC Case Number: USR23-0008
Please Reply By: February 21, 2023 Planner: Chris Gathman
Project: 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.
Parcel Number: 105701000041-R4376086 Legal: W2NW4, North of the Lower Latham Drainage Ditch,
being part of Section 1, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 50; east of and adjacent to CR 35.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
I We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
nWe have reviewed the request and find no conflicts with our interests.
I See attached letter.
Signature
0
Agency Weld County Oil and Gas Energy Department
Date 1/25/2023
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0008
Associated Parcel: 105701000041
OGED Reviewer: Kelly Holliday
Review Date: January 25, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes seven (7) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-11673
KP KAUFFMAN COMPANY INC
1-18 Loeffler
PR
05-123-11888
KP KAUFFMAN COMPANY INC
2-24 Loeffler
PR
05-123-35834
PDC ENERGY INC
01-66-1HN Loeffler K
PR
05-123-35835
PDC ENERGY INC
01-67-1HN Loeffler K
PR
05-123-35836
PDC ENERGY INC
01-68-1HN Loeffler K
PR
05-123-37735
PDC ENERGY INC
01-69-1HN Loeffler K
PR
05-123-37739
PDC ENERGY INC
01-65HN Loeffler K
PR
3. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials submitted
by the applicant and other relevant information available on the E -Permit site.
Applicant: Jerry Loeffler, c/o Pivot Solar 36, LLC
Please Reply By: February 21, 2023
Submit by Email
Weld County Referral
January 24, 2023
The Weld County Department of Planning Services has received the following item for review:
Case Number: USR23-0008
Planner: Chris Gathman
Project: 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.
Parcel Number: 105701000041-R4376086 Legal: W2NW4, North of the Lower Latham Drainage Ditch,
being part of Section 1, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 50; east of and adjacent to CR 35.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature I" CIA fLv- k C -kQJU
Agency Town of LaSalle
Date 2/14/2023
Please consider:
1. A requirement for the western portion of the property, adjacent to CR 35 to remain open for
future development as depicted on the Site Plan;
2. A requirement for the Applicant to obtain a flood plain development permit; and
3. A requirement to establish a haul route during construction that prohibits traffic from traveling
on First Avenue through the Town of LaSalle.
Weld County Planning Dept, 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Hello