HomeMy WebLinkAbout20232345.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant:
Planner
Request:
Legal Description:
Location.
USR23-0002
D -Dart Ranch, Inc c/o SunShare, LLC, dba Lincoln Solar; LLC
Diana Aungst
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.
Lot B of FFD22-0021; being part of the NE1/4 of Section 13, Township 7 North,
Range 66 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to State Highway 14, west of and adjacent to County
Road 37.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. 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 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.
Section 22-2-30.C. states: "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 three (3) residences that are less than five hundred (500) feet
from the facility. A six (6) foot tall, offset -picket composite privacy fence along the northern
boundary of the Solar Energy Facility extending around on either side about twelve (12) feet.
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."
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 2
This code section supports the installation of the subject Solar Energy Facility, which is an
energy development The facility will provide power to be utilized by residences, businesses and
farming operations in Weld County
Section 23-3-40 FF — Uses by special review, of the Weld Courity Code includes, "Solar Energy
Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160)
acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but
less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B "
This code section allows the applicant to apply for the subject Solar Energy Facility, being
located in the Near/Urban Area as shown by map in Appendix 21-B Per Section 23-1-90 of the
Weld County Code, a "Solar Energy Facility means a commercial facility whose primary purpose
is to supply electricity and consists of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and other appurtenant structures
and/or facilities " The SEF will encumber approximately thirty-five (35) acres of the 158 -acre
parent parcel and qualifies as an SEF USR
This USR facility will also include one (1) storage container (conex) for storing spare modules
and other spare parts, being Accessory Uses, permitted by 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
The properties adjacent to the parent parcel are zoned A (Agricultural) to the north, east, and
south and the land uses include pastures, crops and rural residences The majority of the
adjacent properties to the west are annexed into the Town of Ault and are zoned either
residential or industrial There are three (3) rural residences on the north side of HWY 14 that are
less than 500 feet from Solar Energy Facility
There are six (6) USRs within one (1) mile of the site 2MUSR16-87-786 for onion sorting,
storage, and multi -family dwelling for employees is located south of the site, SUP -14 for a feed
lot is northwest of the site, USR-1078 for a farm implement business, USR-1020 for storage of
sugar beets, SUP -148 for an 8,000 head feedlot for sheep, and MUSR15-0011 for a 9,600 head
feedlot and a 2"d single-family residence are all located east of the site
Weld County Department of Planning Services staff sent notice to twenty-three (23) surrounding
property owners within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received
Based on the referral agency responses and the location of the site the SEF the proposed use is
in an area that can support this development The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding and 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 (CPA) for the Town of Ault As
part of the pre -application process the municipality was sent a Notice of Inquiry (NOI) The Town
of Ault submitted a Notice of Inquiry dated August 23, 2022, with a letter that states, "This
property borders the Town of Ault on our east town limit The town has interest in annexation of
this property due to that fact However, the Town of Ault is opposed to a Solar, Energy Facility for
this property regardless of remaining in the county or through annexation to the town, as it does
not fit our Comprehensive Plan "
RESOLUTION USR23-0002
D -Dart Ranch, Inc Go SunShare, LLC, dba Lincoln Solar, LLC
PAGE 3
On November 7, 2022, the applicant's representative, SunShare, met with the Town of Ault to
discuss the Notice of Inquiry comments and possible annexation Per the summary of the
meeting provided included in the application materials SunShare responded to the Town's
questions about the selection of this location for a Solar Energy Facility and any benefit to the
Town and stated that the property owner reached out to us [SunShare] with an interest in leasing
her land for solar The letter also states, "Chen [the property owner] does not have enough water
rights on the property for agriculture alone to be economical and has elected to add solar to her
land as well "
Following the November 7, 2022, meeting the property owner, Ms Chen Dent, submitted a letter
to Weld County, dated November 9, 2022, that stated that she does not wish to annex her
property in whole or in part to the Town of Ault The Town submitted a letter dated November 8,
2022, reiterating the comments from the NOI and also stating that this property is the only
property adjacent to the Town limits that is not owned by the City of Thornton therefore it is
"attractive for annexation and development "
Section 19-13-50 A of the Weld County Code, the Intergovernmental Agreement with the Town
of Ault, states, in part, that "If the municipality submits recommendations, the County shall either
include within its written decision the reasons for any action taken contrary to the same or furnish
such reasons to the municipality by a separate writing " The Department of Planning Services
furnished such reasons to the Town in a letter dated June 26, 2023, Exhibit 1
The Future Land Use Map for the Town depicts this site as Single -Family Residential and
Agricultural The Single -Family Residential portion includes a park and indicates that the park
and the -'21-acre floodplain on the southwestern quarter of the site are open space The
Agricultural portion of the site is swath of land that abuts CR 37 on the east and HWY 14 on the
north and is approximately 40 acres in size The Town's zoning on the adjacent to the site
includes residential closest to HWY 14 and industrial to the south of the residential portion The
Northern Colorado Area Plan (NCAP) transmission line for Xcel Energy has been approved for
under USR21-0018 This transmission line traverses the property from east to west along the
northern boundary and north to south along the western boundary
The property is about 150 acres in size and, assuming that the 21 acres of floodplain, the 35 -
acre Solar Energy Facility, and the NCAP transmission line easement are areas that are not
developable there is still about 100 acres remaining unencumbered The addition of a 35 -acre
Solar Energy Facility does not significantly restrict the Town's ability to develop this site as the
unencumbered 100 acres could be developed within the Town's corporate limits if 1) the
property owner chose to annex to the Town and 2) if the Town updated their Future Land Use
Map to change the Agricultural depiction to a more intense designation
The site is located within the three (3) mile municipal referral radius of the Town of Ault The
Town 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, Historic Townsites Overlay District, orAgricultural
Heritage Overlay District
The southwestern portion of the property is located in the Special Flood Hazard Area, but the
Solar Energy Facility is not located in the flood zone
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 4
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 facility is on approximately 20 acres of soils identified as "Prime Farmland if Irrigated" with
low -slope (1-3%), Kim loam, approximately 12 acres of soils identified as "Prime farmland if
irrigated with soil erodibility" with low -slope (1-3%), Otero fine sandy loam, and 2 acres of"Prime
farmland if irrigated with soil erodibility" with low -slope (1-3%) Otero sandy loam The proposed
use of the property for an SEF will not remove topsoil from the property After the life of the Solar
Energy Facility, the land maybe returned to historic uses The SEF is compatible with traditional
A (Agricultural) Zone District uses as it will not inhibit farming practices outside of the project area
and a grassland vegetative cover will be maintained under the solar panel arrays
Per the application materials the property owner does not own any rights and only has a coffin
well There is not enough water to properly irrigate the full parcel and as a result the northern
portion of the property is very low -yielding due to poor soil and lack of water
G Section 23-2-220 A 7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants
of the neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
THE PLANNING COMMISSION RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE
FOLLOWING
1 Prior to recording the map
A The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated January 19, 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 comments of the Division of Water Resources, 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)
C The applicant shall address the comments of the Colorado Department of Transportation
(COOT), as stated in the referral response dated July 11, 2023 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
D The applicant shall address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated July 10, 2023 Evidence of such shall be
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 5
submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
E The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0002 (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 and Section 23-4-1030 of the Weld
County Code (Department of Planning Services)
4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld
County Code (Department of Planning Services)
5 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)
6 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)
7 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)
8 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)
9 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)
10 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)
11 CR 37 is a paved road and is designated on the Weld County Functional Classification Map
as a local road which requires 60 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road All
setbacks shall be measured from the edge of right-of-way This road is maintained by Weld
County (Development Review)
12 Show and label the proposed access point onto CR 37 and the usage type (Commercial)
Development Review will review the access location as a part of the plan submittal
(Development Review)
13 Show the Colorado Department of Transportation (CDOT) right-of-way on the plan along with
the documents creating the right-of-way (Development Review)
14 Show and label the drainage flow arrows (Development Review)
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 6
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 the administrative review was signed, a $50 00 recording
continuance fee shall be added for each additional 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 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)
B The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
Motion seconded by Shana Morgan
VOTE
For Passage
Elijah Hatch
Skip Holland
Michael Wailes
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Against Passage
Pamela Edens
Absent
Butch White
Michael Palizzi
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 7
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 1, 2023
Dated the 1O day of August 2023
-Ineautie, Wei-
Michelle Wall
Secretary
Type text here
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
D -Dart Ranch Inc
USR23-0002
1 A Site Specific Development Plan and Use by Special Review Permit, USR23-0002, 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 Use by Special Review Permit shall be valid for three (3) years from the date of approval If the
site is not selected for being a participant in any community solar program the permit shall expire on
the anniversary date of Board of County Commissioners approval (Department of Planning Services)
4 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
5 The facility is unmanned and will operate year-round, according to the application materials Limited
maintenance personnel may visit the site once operational (Department of Planning Services)
6 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest 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)
7 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)
8 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying
zone Additionally, the improved area must be at least five hundred (500) feet from existing
residential buildings and residential lots of a platted subdivision or planned unit development The
residential setback requirement may be reduced if appropriate screening through landscape or an
opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed
by the residence owner agreeing to the lesser setback If landscaping or opaque fencing is
substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by
the Department of Planning Services per Section 23-4-1030 C 3 of the Weld County Code, as
amended (Department of Planning Services)
9 Dust mitigation The operators of the SEF shall continuously employ the practices for control of
fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld
County Code, as amended (Department of Planning Services)
10 Underground cables All electrical cables on the improved area shall be buried, except for direct
current string wires that connect between solar collectors, direct current collection circuits between
rows of solar arrays that are no more than four (4) feet above grade crossings, 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)
11 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)
RESOLUTION USR23-0002
D -Dart Ranch, Inc Go SunShare, LLC, dba Lincoln Solar, LLC
PAGE 9
12 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)
13 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Public Works, pursuant to the provisions of
Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as
amended (Department of Planning Services)
14 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of
the Weld County Code, as amended (Department of Planning Services)
15 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)
16 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
17 The site shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
18 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)
19 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
20 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)
21 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)
22 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)
23 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
24 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 10
25 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)
26 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)
27 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)
28 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
29 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)
30 The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health and Environment)
31 Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application Currently the following has been adopted by Weld County 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report, -performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the
start of construction (Department of Building Inspection)
32 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
33 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(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 Weld County Code (Department of Planning Services)
35 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations
36 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
RESOLUTION USR23-0002
D -Dart Ranch, Inc do SunShare, LLC, dba Lincoln Solar, LLC
PAGE 11
37 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
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 Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated
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 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
41 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 the1citizens 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
42 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
RESOLUTION USR23-0002
D -Dart Ranch, Inc c/o SunShare, LLC, dba Lincoln Solar, LLC
PAGE 12
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
Summary of the Weld County Planning Commission Meeting
Tuesday. August 1, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 1:30 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Butch White, Michael Wailes, Shana Morgan.
Absent: Michael Palizzi, Pamela Edens
Also Present: Maxwell Nader, Chris Gathman, and Diana Aungst, Department of Planning Services; Jason
Maxey. Department of Oil and Gas Energy. Lauren Light. Department of Health; Karin McDougal, County
Attorney, and Michelle Wall, Secretary.
Motion: Approve the July 11, 2023, Weld County Planning Commission minutes, Moved by Skip Holland.
Seconded by Butch White. Motion passed unanimously.
Michael Wailes nominated Elijah Hatch to serve as the Planning Commission Chair for 2023 - 2024. No
other nominations were made.
Motion: Close Nominations for Chair of the Planning Commission. Moved by Butch White, Seconded by
Shana Morgan. The nomination passed unanimously.
Commissioner Pamela Edens entered the meeting at 1:33 pm.
Michael Wailes nominated Butch White to serve as the Planning Commission Vice Chair for 2023 - 2024.
No other nominations were made.
Motion: Close Nominations for Vice Chair of the Planning Commission. Moved by Shana Morgan,
Seconded by Skip Holland. The nomination passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR23-0002
D -Dart Ranch. Inc c/o SunShare, LLC, dba Lincoln Solar. LLC
Diana Aungst
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.
Lot B of FFD22-0021; being part of the NE1/4 of Section 13. Township 7 North,
Range 66 West of the 6th P.M.. Weld County, Colorado.
South of and adjacent to State Highway 14. west of and adjacent to County Road
37.
Vice Chair Butch White recused himself because he is the Mayor of the Town of Ault. He said that the
Town of Ault has taken a position on this case.
Diana Aungst, Planning Services, presented Case USR23-0002, reading the recommendation and
comments into the record. Staff sent notice to 23 surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls were received. The Department
of Planning Services recommends approval of this application along with conditions of approval and
development standards.
The Chair asked staff with the Town of Thornton owning all the eastern properties on the east side of Ault's
City limits, are they not able to annex these properties. Staff replied that the Town of Ault could annex the
properties if the City of Thornton wanted to annex.
Commissioner Edens asked staff if the property is irrigated. Staff said it is irrigated, but it has a coffin well
and there is not enough water to properly irrigate the north end of the property. The property owner wishes
to utilize the water supply for crops on the south end of her property and have the solar on the north end.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan
Beau Scott, Development Associate with SunShare, LLC, 1724 Gilpin Street, Denver, Colorado The site
will be a 5 megawatt solar facility taking up 29 acres of the 150 -acre parcel He said the energy produced
from this facility could power approximately 1400 homes
Mr Scott explained that the Dent Family wishes to keep their entire property agricultural by leasing the
northern portion of the property to Lincoln Solar, LLC and farming the remaining portion of their property
The property owner would like her neighbor, who lives adjacent to her property, to have his sheep graze
on the property that is permitted for the solar facility SunShare also plans to partner with researchers at
CSU to conduct agrivoltaic studies Mr Scott feels this partnership contributes to a growing brain trust the
will benefit Weld County landowners
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Shana Morgan
Vote Motion passed (summary Yes = 4, No = 1)
Yes Elijah Hatch, Michael Wailes, Shana Morgan, Skip Holland
No Pamela Edens
Absent Butch White
Commissioner Holland stated that he feels this application is consistent with agricultural land uses
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 59 pm
Respectfully submitted,
-'hY1.zGee.,° Ltd
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME
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