HomeMy WebLinkAbout20233170.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: USR23-0032
Owner: McKee Ranch LLLP
P.O. Box 125, Lucerne, CO 80646
Applicant/Authorized CBEP Solar, LLC 16 C/O Zach Brammer
Agent: P.O. Box 1255, Sterling, CO 80751
Request:
Legal
Description:
Hearing Date: October 3, 2023
A Site -Specific Development Plan and Use by Special Review permit fora 7.5 MW
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Part of the E2NE4 of Section 24, T6N, R66VV, of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to State Highway 392 and west of and adjacent to County
Road 37.
Size of Parcel:
± 79.12 acres (solar facility will Parcel No. 0805-24-0-00-024
encompass ± 54.19 acres)
The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030
of the Weld 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 July 24, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated July 20, 2023
➢ City of Greeley, referral dated August 9, 2023
➢ Eaton Fire Protection District, referral dated July 24, 2023
➢ Weld County Department of Oil & Gas Energy, referral dated July 25, 2023
➢ Weld County Department of Building Inspection, referral dated July 14, 2023
➢ Colorado Department of Transportation, referral dated August 15, 2023
➢ Colorado Parks and Wildlife, referral dated August 31, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Eaton School District, referral received July 19, 2023
➢ Weld County Sheriff's Office, referral dated July 14, 2023
➢ West Greeley Conservation District, referral dated August 14, 2023
➢ Weld County Planning Services — Code Compliance
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Office of Emergency Management
➢ Town of Eaton
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➢ Graham Drainage
➢ Graham Lateral Company
➢ PDC Energy
➢ Greeley No. 2 Canal (New Cache La Poudre Ditch Company)
Case Summary:
CBEP Solar 16, LLC is proposing to construct and operate a 7.5 MVVac solar facility on approximately 54.19
acres on a parcel of approximately 79.12 acres. The application indicates that the project will consist of
approximately 18,252 solar modules mounted approximately 5 -feet above grade on single -axis trackers
which will allow the panels to track the sun from east to west during the day. The proposed facility will also
include seventy-five (75) inverters mounted on steel posts or beams, three (3) concrete -pad mounted
transformers, other electrical equipment, approximately five (5) utility poles that will connect to the existing
Xcel distribution line and an access road. No battery energy storage facilities are associated with this
request. One (1) temporary construction trailer (during construction only) and two (2) 10 x 40 -foot storage
containers are proposed to be on -site during construction as well as during ongoing operations of the
facility. During construction a laydown area will be located within the limits of the project. The solar site will
be enclosed by a minimum seven (7) foottall game fence.. The applicant proposes to plant Rocky Mountain
Juniper trees on the north side of the property to assist in screening the property at 17765 Highway 392.
The applicant is proposing to obtain either a screening waiver from the neighboring property owner to the
south (32501 County Road 37) or screen the south side of the facility with Rocky Mountain Junipers as well
if unable to obtain a screening waiver. The applicant plans to work with Pawnee Buttes/Greencover to
create a seed mixture and will utilize sheep grazing (up to 500 sheep) to maintain the land. During
operations two (2) tofour(4) employees would visit the siteformaintenance (approximately 2 times a year).
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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.
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 VVeld 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 impacts from the SEF. The facility will be screened
by trees from the property to the north and, if a screening waiver cannot be obtained, will be
screened by trees to the south as well.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
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Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
This 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 County 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 54.19 acres
and qualifies as an SEF USR.
This USR facility will also include two (2) storage containers for construction and operation
usage, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County Code. Also,
the applicant is also proposing a temporary construction trailer office during construction. Per
Section 23-4-190 of the Weld County Code: "a zoning permit shall not be required for a
manufactured structure in the A (Agricultural) Zone District if such structure is already shown
on an approved and recorded Use by Special Review map."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The immediately adjacent lands consist of pastures, crops, and rural residences. The closest
residences are approximately 500-550 feet to the north and approximately 600-700 to the
south.
There are three (3) USRs within one mile of the site. USR21-0020 fora Solar Energy Facility
(this permit was approved on the neighboring parcel to the east), MUSR16-0008 (Oil & Gas
Support Service Facility for parking, staging, storage and maintenance for a tank and water
service trucking facility) and USR-995 (Oil & Gas Production Facility) is located south of the
site. Sonny View Estates subdivision is located approximately 3,500 feet to the southwest.
The Weld County Department of Planning Services sent notice to twelve (12) Surrounding
Property Owners. No surrounding property owner responses have been received.
The applicant held a neighborhood meeting on August 10, 2023 at the Greeley Recreation
Center. Two surrounding property owners attended the meeting. A summary of the
conversation/discussion during the meeting was provided. Items discussed included impacts
on property values and screening.
The proposed use is in an area that can support this development and the existing screening, the
Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the region.
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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 not located within the Coordinated Planning Agreement Area (CPA).
The site is located within the three (3) mile referral areas of the City of Greeley and the Town
of Eaton. The City of Greeley provided a referral response dated August 9, 2023. Greeley
stated that the property is located within their Long Range Expected Growth Area (LREGA).
The property is identified as Urban Reserve on the LREGA map. The City of Greeley outlined
development code chapters concerning setbacks and landscaping that would apply if the
project is annexed into the City of Greeley.
No referral response was received from the Town of Eaton.
The property is located outside of the Urban Growth Area for the Town of Eaton as delineated
in the Town of Eaton Comprehensive Plan.
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 located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-
wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 61.5% of the
site consists of (1-3% slope) Olney fine sandy loam, 16.7% Nelson fine sandy loam, 13.7%
(Aquolls and Aquepts, flooded) and 8.2% of the site consists of (1-3% slope) Kim loam. Both
soil types are classified as "Farmland of local importance". Olney fine sandy loam is identified
as Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not
exceed 60; Nelson fine sandy loam is identified as Farmland of local importance; aquolls and
aquepts is identified as Prime farmland if drained and either protected from flooding or not
frequently flooded during growing season; and Kim loam is identified as Prime farmland if
irrigated.
The application states that there is no irrigation system on the property and no existing water
rights with the property. The application indicates that crop has been increasingly more
challenging due to the lack of water. The applicant proposed to plant a native seed mixture and
graze sheep on the site to maintain vegetation of a height of 18-22 inches.
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.
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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. 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 during
construction. (Development Review)
B. A Final Drainage Report, stamped and signed by a professional engineer licensed in the State
of Colorado, shall be submitted. (Development Review)
C. The applicant shall acknowledge the requirements of the Weld County Building Inspection, as
stated in the referral response dated July 14, 2023. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Building Inspection)
D. The applicant shall acknowledge the comments of the City of Greeley, as stated in the referral
response dated August 9, 2023. VVritten evidence of such shall be submitted to the VVeld
County Department of Planning Services. (City of Greeley)
E. The applicant shall acknowledge the requirements of the Eaton Fire Protection District, as
stated in the referral response dated July 24, 2023. VVritten evidence of such shall be provided
to the Department of Planning Services. (Eaton Fire Protection District)
F. The applicant shall address the recommendations of Colorado Parks and Wildlife, as stated in
the referral response dated August 31, 2023. Written evidence of such shall be provided to the
Department of Planning Services. (Colorado Parks and Wildlife)
G. The applicant shall acknowledge the comments of the VVeld County Oil & Gas Department
(OGED), as stated in the referral response dated July 25, 2023. (Department of Planning
Services)
H. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rig hts-of-
way. (Department of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0032 (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 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
VVeld County Code. (Department of Planning Services)
5. 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
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applicable. Clearly indicate which items are temporary foruseduring construction and which
items are permanent. (Department of Planning Services)
6. 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.
(Department of Planning Services)
7. 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)
8. Trash collection areas, if applicable. Section 23-2-240.A.13 of the VVeld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
9. Planned oil and gas surface development areas, corridors, access roadways, etc. as part
of any executed Surface Use Agreement, if applicable. (Department of Planning Services)
10. Show and label all recorded easements and rights -of -way shall be delineated on the plat
by book and page number or reception number. (Department of Planning Services)
11. Show the Colorado Department of Transportation (CDOT) SH 392 right-of-way on the map
along with the documents creating the right-of-way. (Development Review)
12. CR 37 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 fromthe edge of right-of-way. This road is maintained by Weld
County. (Development Review)
13. Show and label the proposed access point onto CR 37 and the usage type(s) (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the
access location as a part of the plan submittal. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the 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)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
B. The access permit shall be obtained, and an approved tracking control shall be constructed
prior to on -site construction. (Development Review)
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C. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
security in an amount sufficient to fund the estimated decommissioning/reclamation costs
required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by
the Weld County Board of County Commissioners. Once approved, the Decommissioning and
Reclamation Plan shall be updated to include the approved security information. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP Solar 16, LLC
US R23-0032
3. A Site Specific Development Plan and Use by Special Review permit, USR23-0032, fora 7.5 MW
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)
4. 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)
5. The Use by Special Review Permit shall be valid forthree (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)
6. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
7. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the
site once operational. (Department of Planning Services)
8. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar
panel rotation. (Department of Planning Services)
9. Glare. The SEF shall be 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. (Department of
Planning Services)
10. 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 VVeld 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)
11. 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)
12. 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). (Department of
Planning Services)
13. Fencing. The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing
Plan as presented in the application materials. Appropriate signage shall be placed upon such
fencing that warns the public of the high voltage therein. (Department of Planning Services)
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14. 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). (Department of Planning Services)
15. Access permit. Prior to construction of the SEF, the applicant shall apply forand obtain an approved
Access Permit from the VVeld 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)
16. 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)
17. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
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 and reclamation activities within ninety (90) days of the Board of County
Commissioners' order or resolution directing decommissioning and reclamation. (Department of
Planning Services)
18. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department
of Planning Services)
19. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
20. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped
areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating,
mowing, pruning, removal of trash and weeds, and replacement of any required plantings that
become diseased infested or otherwise unhealthy shall be replaced within the growing season
or next calendar year whichever occurs sooner. (Department of Planning Services)
21. 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)
22. 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)
23. 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)
24. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
26. 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)
27. 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)
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28. 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)
29. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction and operation of the facility. (Department of Public Health and Environment)
30. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets shall be serviced by a cleaner licensed in VVeld County, contain hand sanitizers, be screened
from public view, and removed when construction is completed. (Department of Public Health and
Environment)
31. 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. (Department of Public Health and Environment)
32. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
33. 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)
34. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
36. 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)
37. 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.
38. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
39. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
40. 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 Weld County regulations.
(Department of Planning Services)
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41. 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. (Department of Planning Services)
42. 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. (Department of
Planning Services)
43. 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. The Director of Planning Services may grant an extension of time, forgood
cause shown, upon a written request by the landowner.
44. A Use by Special Review shall terminate when the USE is discontinued fora 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.
45. 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.
46. 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; odorfrom
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
USR23-0032 - CBEP Solar 16, LLC — McKee Ranch LLLP
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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.
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September 6, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
BRAMMER ZACH
PO BOX 1255
Lucerne, CO 80646
Subject: USR23-0032 - A Site Specific Development Plan and Use by Special Review Permit for a 7.5 MW
Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
E2NE4 SECTION 24, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 3, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on November 8, 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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