HomeMy WebLinkAbout20233004.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0030 Lone Tree Creek SEF REVISED 9 2023
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 5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is north of SH 14 and is west of CR 41.
Parcel number: 070908100003 Lot B RE -4980.
Access is onto SH 14.
ACCESS
Development Review has reviewed the application materials related to access.
Access is proposed onto SH 14 at an existing driveway just west of the intersection with unmaintained right-
of-way for CR 41.
To reach this access point, the applicant has proposed to use a 30 -foot -wide easement across the parcel
to the south (Parcel No. 070908000043 Lot B RE -2467) that is recorded as Rec. No. 2734380. This
easement was susequently documented and recorded as Rec. No. 3679465. This recorded easement
includes the following language "the lots shall be used for residential purposes only." This easement
agreement appears to preclude solar facilities. It is noted that the owner of this parcel and the author of
the easement is the same as the owner of the parcel specified for this SEF. It appears as if a revised
access and utility easement is required to allow for a use other than residential and agricultural.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Mr.Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 14)
ROADS AND RIGHTS -OF -WAY
The property proposes to access onto State Highway 14. Contact the Colorado Department of
Transportation (CDOT) to determine what right-of-way shall be shown on the submitted map. Reference
the documents creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone
number: 970-350-2163.
TRAFFIC
A traffic letter and a traffic narrative were received with the application materials. Both were forwarded to
CDOT as SH 14 is under their jurisdiction.
DRAINAGE REQUIREMENTS
The applicant has submitted a preliminary drainage report that proposes a variance to the Code.
The applicant shall submit a final drainage report and a variance request, stamped and signed by a
professional engineer licensed in the State of Colorado.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. A Final Drainage Report, stamped and signed by a professional engineer licensed in the State of
Colorado shall be submitted.
B. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) access point onto SH 14 and the right-
of-way on the map along with the documents creating the right-of-way. (Development Review)
2. Show and label the drainage flow arrows. (Development Review)
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 has 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.
Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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 historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
MEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 20, 2023
SUBJECT: USR23-0030 Lone Tree Creek SEF
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 5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
This project is north of SH 14 and is west of CR 41.
Parcel number: 070908100003 Lot B RE -4980.
Access is onto SH 14.
ACCESS
Development Review has reviewed the application materials related to access.
Access is proposed onto SH 14 at an existing driveway just west of the intersection with unmaintained right-
of-way for CR 41.
To reach this access point, the applicant has proposed to use a 30 -foot -wide easement across the parcel
to the south (Parcel No. 070908000043 Lot B RE -2467) that is recorded as Rec. No. 2734380. This
easement was susequently documented and recorded as Rec. No. 3679465. This recorded easement
includes the following language "the lots shall be used for residential purposes only." This easement
agreement appears to preclude solar facilities. It is noted that the owner of this parcel and the author of
the easement is the same as the owner of the parcel specified for this SEF. It appears as if a revised
access and utility easement is required to allow for a use other than residential and agricultural.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Mr.Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 14)
ROADS AND RIGHTS -OF -WAY
The property proposes to access onto State Highway 14. Contact the Colorado Department of
Transportation (CDOT) to determine what right-of-way shall be shown on the submitted map. Reference
the documents creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone
number: 970-350-2163.
TRAFFIC
A traffic letter and a traffic narrative were received with the application materials. Both were forwarded to
CDOT as SH 14 is under their jurisdiction.
DRAINAGE REQUIREMENTS
The applicant has submitted a drainage report identifying all the site soils as NRCS hydrologic soil group
B. Per Sec 23-4-1030.B.1, the site qualifies for a stormwater detention exception.
No additional drainage information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) access point onto SH 14 and the right-
of-way on the map along with the documents creating the right-of-way. (Development Review)
2. Show and label the drainage flow arrows. (Development Review)
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 has 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.
Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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 historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: July 24, 2023
Re: USR23-0030 Applicant: Louis & Gina Fabrizius c/o CBEP Solar 23, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by
Special Review Permit for a 3.6 MW Solar Energy Facility (SEF) 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 abatement plan was submitted which indicates water will be used during
construction and revegetation or chemical methods will be utilized during operation. Sheep
will be used for vegetation control. A noise study was completed by Kimley/Horn, and it was
determined that noise mitigation measures are not needed at this time since the anticipated
operational sound levels will remain below the allowable noise levels at the nearest noise -
sensitive receptors around the site during daytime hours.
Environmental Health Services recommends 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.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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 and operation of the facility.
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 facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division, Colorado Department
of Public Health and Environment, as applicable.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
8. 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
From: Thomas Potter
To: Chris Gathman; Maxwell Nader
Cc: Robert Godin
Subject: USR23-0030 REFERRAL
Date: Friday, July 14, 2023 3:03:35 PM
Good afternoon, Chris.
Buildings referral for this site are as follows.
Structure shall be compliant with the current adopted codes and amendments:
2018 (IBC) International Building code.
2018 (IECC) International Energy code.
2020 ( NEC) National Electrical code.
The climatic and geographical design criteria including:
30 lb ground snow load.
110 MPH 3 second gust wind load.
Seismic design B.
Frost depth 30"
The current Fire code adopted by the fire district having jurisdiction. (AULT FIRE PROTECTION
DISTRICT)
"Our Mission is safe building practice"
Any questions or concerns, please contact me.
Thank you.
Thomas Potter
Building Plans Examiner II
Department of Planning Services
1402 N 17th Ave
Greeley Colorado 80631
(970) 400-3518
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strictly prohibited.
PROJECT:
MEMORANDUM
TO: Chris Gathman DATE: July 26, 2023
FROM: Diana Aungst
SUBJECT: USR23-0030, Fabrizius
A Site -Specific Development Plan and Use by Special Review Permit for a 3.6 MW Solar Energy Facility
(SEF) in the A (Agricultural) Zone District.
PARCEL: 070908100003
DELINEATE ON THE MAP:
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 Map #08123C -1250E effective date will be January 20, 2016 (Lone Tree Creek
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
July 14, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Louis & Gina Fabrizius; Case Number: USR23-0030
c/o CBEP Solar 30, LLC
Please Reply By: August 11, 2023 Planner: Chris Gathman
Project: A Site -Specific Development Plan and Use by Special Review Permit for a 3.6 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 070908100003-R6778494 Legal: PART OF LOT B REC EXEMPT RE -4980; PART E2
SECTION 8, T7N, R65W of the 6th P.M., Weld County, Colorado.
Location: Approximately 0.5 miles north of State Highway 14; west of and adjacent to County Road
41 Section Line.
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 i
does not comply with our
Comprehensive Plan because:
ri We have reviewed the request and find no conflicts with our interests.
ri See attaclettt r.
Signature
WEST. GREELEY CONSERVATION A.B1
Agency
Date
)9,Z623
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Map
Symbol
Soil Name Soil Texture
4 Aquolls Flooded
21 Dacono Clay Loam
41 Nunn Clay Loam
Shallow Dwellings Dwellings with Small Septic Tank Prime Farm
Excavations without basements Commercial Absorption Land (if
Slight
No
Additional Comments
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
tIEST G'EELEY
CONSERVATV N
DIST !CT
•'!'t;
JS�
Produced by the West Greeley Conservation District
Submit by Email
Weld County Referral
July 14, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Louis & Gina Fabrizius; Case Number: USR23-0030
c/o CBEP Solar 30, LLC
Please Reply By: August 11, 2023 Planner: Chris Gathman
Project: A Site -Specific Development Plan and Use by Special Review Permit for a 3.6 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District.
Parcel Number: 070908100003-R6778494 Legal: PART OF LOT B REC EXEMPT RE -4980; PART E2
SECTION 8, T7N, R65W of the 6th P.M., Weld County, Colorado.
Location: Approximately 0.5 miles north of State Highway 14; west of and adjacent to County Road
41 Section Line.
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.
[1
[I
CI
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�- L ,lam t- Date 8114/23
Agency Larimer & Weld Irrigation Company
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Irrigation Office
www.eatonditch.com
info@eatonditch.com
106 ELM AVENUE TELEPHONE 970-454-3377
EATON, COLORADO 80615 FAX 970-454-0154
Larimer & Weld Irrigation Co. • Larimer & Weld Reservoir Co. • WRCC, Inc. • Owl Creek Supply & Irrigation Co.
Divide Canal & Reservoir Co. • Lucas Lateral Ditch Co. • Montgomery Lateral • Town Boyd Lateral Co. • For Far Lateral Co.
Gale Lateral Co. • West Irrigation Co. • Decker Lateral Co. • Graham Lateral Co.
August 14, 2023
Chris Gathman
Weld County Planning Services
u v-vcici.u%
RE: Louis & Gina Fabrizius (CBEP Solar 30, LLC): Case # USR23-0030
Dear Mr. Gathman:
This office represents Larimer & Weld Irrigation Company ("LWIC") which owns the Larimer &
Weld Canal (aka Eaton Ditch) ("Ditch") which borders the parcel where the above -referenced
solar project is to be located. We are in receipt of the planning referral and respectfully submit the
following comments:
The Ditch is used to deliver water for the irrigation of lands owned by LWIC shareholders. CBEP's
application for its proposed solar facility could potentially impact the operation, use, maintenance,
repair, rehabilitation and replacement of the Ditch. In addition, the CBEP project may
detrimentally impact the water quality in the Ditch and the farming operations of the shareholders
who take delivery from it and increase the costs to operate and maintain the Ditch. Therefore, we
request that this application is not approved unless and until the Applicant has addressed the
following issues:
• CBEP may not cross the Ditch with any bridges, power lines (overhead or underground)
or any other facility necessary to construct, operate and access its proposed solar facility.
CBEP must obtain an agreement with LWIC if it desires to cross the Ditch.
• CBEP may not enter and may not use LWIC's easement and ditch access road. Increased
traffic on the ditch road will adversely impact the condition of the road, LWIC's ability
to use the same, and will increase the costs associated with maintenance of the road and
may increase the risk of damage to the Ditch. CBEP must demonstrate that it can access
the property identified in its application without use of LWIC's ditch road; alternatively,
CBEP should be required to enter into a crossing agreement with LWIC.
• All facilities to be installed by CBEP must be set back to allow LWIC sufficient area
(as exigencies may require) to operate, maintain, repair, replace, and rehabilitate its
ditches, access roads and appurtenant facilities. Any facilities, trees, plants or other
items proposed to be installed must be appropriately set back from the Ditch and made
Chris Gathnian
August 14, 2023
Page 2
of a material that will not burn. Furthermore, any overhead facilities which cross the
Ditch must be of a sufficient height and set away from the ditches and ditch roads so as
not to impact the ditches and appurtenant facilities. Any setbacks or overhead height
requirements should be included in any approved plans.
• Based on its application, CBEP intends to plant the native grass on the site. The subject
area is currently farmed by an LW1C shareholder who has historically used LWIC water
shares for irrigation. If CBEP intends to use an LWIC shareholder's water for its project.
LWIC requests that LWIC be notified and included in any related plans and agreements
with such shareholder(s). There can be no negative impact on the Ditch or to the delivery
of water to farms irrigated by the Ditch.
• A property recovery, remediation and rehabilitation plan must be in place to address
how the property will be restored. We specifically request that Weld County requires a
performance bond or some other surety to guarantee the property will be remediated at
the end of this facilities' useful life
• Larimer & Weld Canal prohibits stormwater, or drainage water of any kind, from the
proposed development to drain into the Ditch.
Thank you in advance for your consideration of these comments. Please feel free to contact me
with any questions.
Sincerely,
i ;
�-� i i /i7.,,--„---- -
Kimberly Nelson
Manager, Larimer & Weld Irrigation Company
KN/ap
From: Young - CDOT, Allyson
To: Melissa King' Robert (Ml ke) Shepherd - CDOT
Cc: timothy.bllobran@state.ce.us' Chris Gathman
Subject: Re: USR23-0030 SEF Lone Tree Creek Access onto SH 19
Date: Friday, July 21, 2023 9:19:00 AM
Attachments: Image001.onq
Image002.pnq
Caution: This email originated from outside of Weld County Government. Do not click links or open attachment unless you recognize the sender and know the content is safe.
Hi Melissa,
Since traffic will be increasing at the CR by 20% or more as stated in the traffic memo, a new CDOT Access Permit will be required for the CR at CO 14. The applicant should reach out
to Tim, Mike and myself to ensure that they are able to get a hold of one of us during intermittent vacations coming up.
Thanks for sending this over,
Ally
On Thu, Jul 20, 2023 at 10:39 AM Melissa King <mking(a weld.gov> wrote:
Morning,
This is a solar facility that is proposing access onto SH 14 at an existing easement/driveway that is adjacent to/west of CR 41. Specifically, north of SH14, CR 41 is unmaintained 30 -
foot -wide right-of-way; and south of SH 14 it's a local gravel road.
The traffic would be using the easement that parallels the unmaintained ROW with an irrigation lateral between the two.
This is from google maps and they have misidentified where the CR 41 ROW is. It is actually on the eastern side.
Attached are the traffic reports that they submitted with this application.
Thanks for any comments
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17t1' Ave
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
Thank you,
Allyson Young
Region 4
Access Manager, Outdoor Advertising Inspector - Traffic
P 970 381 8995
10601 West 10th Street, Greeley, CO 80634
allyson.young@state.co.us I http://codot.gov/ I www.cotrip.org
Hello