HomeMy WebLinkAbout20233000.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: USR23-0030
Owner: Louis & Gina Fabrizius
P.O. Box 428, Eaton, CO 80615
Applicant/Authorized CBEP 30 Solar, LLC 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 for a 3.6 MW Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Lot B of Recorded Exemption RE -4980; Being a part of the E2 of Section 8, T7N,
R65W, of the 6th P.M., Weld County, Colorado
Location: Approximately 0.5 miles north of State Highway 14 and approximately 3,200 -feet
east of County Road 39.
Size of Parcel:
± 69.16 acres (solar facility will encompass Parcel No. 0709-08-1-00-002
+- 44 acres) 0709-08-1-00-003
The criteria for review of this Special Review Permit are listed in Section 23-2-220 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 August 13,
2023
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated July 26,
2023
➢ Weld County Department of Oil & Gas Energy, referral dated July 25, 2023
➢ Larimer & Weld Irrigation Company, referral dated August 14, 2023
➢ Weld County Department of Building Inspection, referral dated July 14, 2023
➢ Colorado Department of Transportation, referral dated July 21, 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 Soil Conservation District, referral dated August 14, 2023
➢ Weld County Department of Planning Services — Code Compliance
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Office of Emergency Management
➢ Colorado Parks and Wildlife
➢ Town of Ault
➢ Ault Fire Protection District
➢ West Greeley Conservation District
Case Summary:
CBEP Solar 30, LLC is proposing to construct and operate a 3.6MW ac solar facility on 44 acres on a parcel
of approximately 75 acres. The application indicates that the project will consist of approximately 9,126
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 thirty-six (36) inverters
mounted on steel posts or beams, two (2) concrete -pad mounted transformers, other electrical equipment, and
access road and a 7 -foot perimeter game fence with gates. No battery energy storage facilities are associated
with this request. One (1) temporary construction trailer 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 are will items associated with the
project during construction. No existing landscaping is located onsite. The applicant submitted a landscape and
screening plan that indicates that Rocky Mountain Junipers will be planted outside of the fenceline of the
facility along portions of the southeastern and eastern property lines. During operations, two (2) to four (4)
employees would visit the site for maintenance (approximately 2 times a year). The application materials
indicate that the proposed solar facility will be located more than five hundred (500) feet from the facility.
The nearest residence is located more than 600 -feet to the southwest of the physical limits of the proposed
solar facility.
A Decommission and Reclamation Plan was submitted with the application materials.
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 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 energy activity.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
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The adjacent land will experience minimal impacts from the SEF. The nearest residence is
located more than 500 -feet from the boundaries of the solar facility. The proposed facility will
be set back approximately 80 -feet from County Road 41 and approximately 128 -feet from the south
property line.
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."
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 (SEES), 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 forty-four (44) 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 adjacent lands consist of pastures, crops, and rural residences. The closest residence is
approximately 660 -feet to the south of the solar facility.
There are four (4) USRs within one mile of the site. USR-1583 for an Ag Service Establishment
(8,000 head dairy), USR-1349 (2,675 head dairy), MUSR15-0011 (9,600 head feedlot) and AMUSR-
199 (feedlot) are located south, southwest and southeast of the site.
The Weld County Department of Planning Services sent notice to five (5) Surrounding Property
Owners. No referral responses have been received.
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A Landscape and Screening Plan was provided with the application and states that Rocky Mountain
Juniper Trees will be planted along the southeastern portion of the property.
The applicant stated that a neighborhood meeting was held on Monday, August 14, 2023 at the
Greeley Recreation Center. Documentation was provided stating that there were no attendees
at the neighborhood meeting and that no neighbor correspondence was provided.
Based on the referral agency responses and the location of the site, the SEF is in an area that
can support this development and the proposed 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.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the Town of
Ault. As part of the pre -application process a Notice of Inquiry (NOI). The Town of Ault did not
submit a Notice of Inquiry response.
The site is located within the three (3) mile referral area of the Town of Ault. No referral
response was received.
The property is located outside of the Town of Ault Future Land Use Map Planning area as
delineated in the Town of Ault Future Land Use Map.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not located within the A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic
Townsites Overlay District, or Agricultural Heritage Overlay District.
A small portion of the property is located within the Lone Tree Creek floodplain. The proposed
Solar Energy Facility location is outside of the floodplain boundaries in the event any development
occurs within the floodplain a flood hazard permit will be required.
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 61.4% of the
property consists of (0-1% slope) Dacono clay loam and 16.1% of the site consists of (0-1% slope)
Nunn clay loam. The proposed solar facility would be located on these soils. Both soil types are
classified as "Prime if Irrigated".
The property owner provided an affidavit stating that the property has had to rent water to have
enough for agricultural purposes rights and that the solar array will allow the property owner owner
to redistribute water to support their remaining agricultural land. The applicant proposes to plant a
native seed mixture on the property and utilize grazing sheep to maintain the height of the
vegetation from 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.
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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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT), as stated in the referral response dated July 21, 2023. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (CDOT)
B. The applicant shall acknowledge the requirements of the Weld County Department of 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)
C. The applicant shall attempt to address the requirements of the Larimer & Weld Irrigation Company
as stated in their referral response dated August 14, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Larimer & Weld Irrigation
Company)
D. The applicant shall acknowledge the comments of the Weld County Oil & Gas Energy
Department (OGED) as stated in their referral dated July 25, 2023. Written evidence of such
shall be provided to the Department of Planning Services. (OGED)
E. The landscape and screening plan states that Rocky Mountain Junipers will be planted along
the outside corner of the southeastern fence line and a portion of the eastern fence line to
provide natural screening for nearby residences. The height and location of the Rocky Mountain
Junipers shall be identified. (Department of Planning Services)
F. A Final Drainage Report, stamped and signed by a professional engineer licensed in the State
of Colorado shall be submitted.
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0030 (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 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)
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5. Show and label the drainage flow arrows. (Development Review)
6. Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the
Weld County Code. (Department of Planning Services)
7. 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)
8. 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. (Department
of Planning Services)
9. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays
will not shine directly onto adjacent properties. Include lighting specification details on the USR
map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department
of Planning Services)
10. Proposed landscape and screening (as identified on the Landscape and Screening Plan
dated April 24, 2023 shall be delineated on the map. (Department of Planning Services)
11. Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code
addresses the issue of trash collection areas. (Department of Planning Services)
12. 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)
13. 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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date
of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of Planning
Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
B. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required. (Department of Planning Services - Floodplain)
C. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of
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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)
5. 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 30, LLC
USR23-0030
1. A Site Specific Development Plan for a 3.6 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)
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. 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 natural grade below each solar panel to the highest extent of the solar
panel rotation. (Department of Planning Services)
7. 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)
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 f rom
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). (Department of Planning Services)
11. 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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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). (Department of Planning Services)
13. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23 -4-1030.C.9
of the Weld County Code, as amended. (Department of Planning Services)
14. 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)
15. The site shall be maintained in accordance with accepted Property Maintenance Plan (Department
of Planning Services)
16. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department
of Planning Services)
17. 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)
18. 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)
19. 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)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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
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from public view, and removed when construction is completed. (Department of Public Health and
Environment)
26. 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)
27. 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)
28. 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)
29. 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)
30. 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)
31. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
32. 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 f rom 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)
33. 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)
34. 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.
35. 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)
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36. All buildings shall comply with the setback from oil and gas wells per Section 23 -4-700, as
amended.
37. 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. (Department
of Planning Services)
38. 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 f rom 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 f rom 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)
39. 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)
40. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years f rom 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.
41. 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.
42. 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) t he
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 t he opportunity to extract the
mineral resource.
43. 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.
USR23-0030 - CBEP Solar 30, LLC - Fabrizius
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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 f rom animal pens, field work, harvest and gravel roads; odor f rom animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers
in the fields, including the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A 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 f rom
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 f ire. 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 f rom a paved road. Snow removal
priorities mean that roads f rom 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, sandburs, 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 5, 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
STERLING, CO 80751
Subject: USR23-0030 - 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.
On parcel(s) of land described as:
PART OF LOT B REC EXEMPT RE -4980; PART E2 SECTION 8, T7N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 03, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on October 18, 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,
Chris Gathman
Planner
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