HomeMy WebLinkAbout20230187.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, 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:
2;3-ooa..
USR22-0024
R22-0024
LYTLE FARMS, LLC, CIO SUNSHARE, LLC, DBA BECLEE SOLAR. LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT.
LOT B FAMILY FARM DIVISION, FFD21-0008; BEING PART E2SW4 SECTION 22.
T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 66: APPROXIMATELY 0.25 MILES EAST OF
CR 43.
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. The closest residence is approximately 750 feet from the SEF and is owned by
the same property owner as the subject property. Since the closest residence is greater than 500 feet
from the SEF no screening or waivers are required.
B. Section 23-2-220.A.2. -- The 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:
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."
RESOLUTION USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 2
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, s-witchyards, battery storage, electrical infrastructure, generators, transmission
lines, communications infrastructure, and other appurtenant structures and/or facilities "The SEF will
encumber approximately thirty-one (31) the seventy-one (71) acre parent parcel and qualifies as an
SEF USR
This USR facility will also include one (1) storage containers (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 adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops and
rural residences There are three (3) rural residences that are less than 200 feet from the site,
however, these residences are more than 500 feet from the Solar Energy Facility The closest
residence is owned by the same property owner as the subject property There are no residential
dwellings closenthan five hundred (500) feet
There are sixteen (16) USRs within one (1) mile of the site USR-1764 for parking and maintenance
of a tank service company and USR13-0060 for a landscaping company along truck parking and
office fora crude oil transportation company are located northwest of the site SUP -191 for a feed lot
for 18,400 cattle and USR18-0057 for a 16 -inch high-pressure natural gas pipeline are both located
northeast of the site USR-1654 for beet storage, USR13-0026 (5th Amendment to USR-552) is for a
natural gas processing facility and communications tower, USR13-0032 and USR16-0005 are both
for 115 kV transmission lines These four (4) USRs are located southwest of the site USR-1386 for a
bed and breakfast, 1MUSR18-12-0074 for a natural gas pipeline that is greater_than 10 inches in
diameter and a pump station, USR14-0021 and USR14-0022 for 16 -inch natural gas pipelines are all
located south of the site USR15-0068 and USR15-0037 are for oil and gas storage facilities with
transloading and a construction laydown yards, USR16-0016 is for a crude oil polishing terminal,
transloading, and outdoor equipment and materials storage yard These USRs are all located
southeast of the site Finally, USR18-0015 for an event facility for weddings and similar gatherings is
located west of the site
Weld County Department of Planning Services staff sent notice to eleven (11) 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, the location of the site and the closest residence about 750
feet south of 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
This site is not located within a Coordinated Planning Agreement (CPA) boundary
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The site is located within the three (3) mile municipal referral radius of the City_ of Greeley The
Greeley referral from the Community Development Department, dated September 1, 2022, stated
that the site is located within the City of Greeley's Long Range Expected Growth Area and is depicted
as Urban Reserve on the City's Comprehensive Plan The City also stated that their review finds this
request to be in compliance
RESOLUTION USR22-0024
LYTLE FARMS, LLC, 0/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 3
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, 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
The property is located in the A -P (Airport) Overlay District The Greeley -Weld Airport Authority did
not respond with any referral agency comments The SEF solar panels are mounted to single -axis
tracking arrays, which sit parallel to the ground and follow the path of the sun across the sky The
panels face east in the morning, lay flat at noon, and face west in the evening The modules utilize a
non -reflective glass which eliminates glare concerns ,
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 15 acres of soils identified asiPrime Farmland if Irrigated" with low -
slope (0-1%),'Nunn clay loam, approximately 10 acres of soils identified as "Farmland of statewide
importance" with medium -slope (3-5%), Otero sandy loam, and approximately 5 acres of soils
identified as "Prime Farmland if irrigated with soil erodibility" with low -slope (0-1%) 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 may be 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
The property owner owns one share of irrigation water, which is about 10% of the water needed to
completely irrigate the 80 -acre farm to its full potential The_owner is renting water and the crops are
far less productive due to the type of irrigation they use, and far less economical due to the need to
rent so -much water at high cost The money generated from the lease for this SEF will pay for
improvements to the farm and allow for increased productivity on the 30-35 acres that will remain
farmed
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 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 An updated Decommissioning and Reclamation Plan sliall be submitted which addresses the items
listed in Section 23-4-1030 B 4 of the Weld County Code (Department of Planning Services)
B The applicant shall submit an executed Interconnection Agreement to the Weld County Department
of Planning Services (Department of Planning Services)
(
RESOLUTION USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 4
C The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated August 30, 2022 Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
D 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)
E The map shall be amended to delineate the following
All sheets of the map shall be labeled USR22-0024 (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 the setback radiuses for existing oil and gas tank batteries, wellheads, and
encumbrances, if applicable Setback requirements are located in Section 23-3-70 E of the
Weld County Code (Department of Planning Services)
10 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)
11 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)
12 CR 66 is a paved road and is designated on the Weld County Functional Classification Map as
an arterial road which requires 140 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or plat 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
RESOLUTION USR22-0024
LYTLE FARMS, LLC, O/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 5
J
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Development Review)
13 Show and label the approved access location, approved access width and the appropriate
turning radii on the USR map The applicant must obtain an updated access permit in the
approved location prior to construction (Development Review)
14 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than thirty-five (35) feet (Development Review)
15 Show and label the drainage flow arrows (Development Review)
1
16 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (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 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 construction 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)
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RESOLUTION USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 6
6 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the Eaton Fire Protection District The plan shall be reviewed on an
annual basis by the Facility operator, the Fire District, and the Weld County Office of Emergency
Management Submit evidence of acceptance to the Weld County Department of Planning Services
(Office of Emergency Management)
Motion seconded by Michael Palizzi
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
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
Pamela Edens
Against Passage Absent
Michael Palizzi
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 January 3, 2023
Dated the 3rd of January, 2023
Kristine Ranslem
Secretary
---
RESOLUTION USR22-0024
LYTLE FARMS, LLC, 01O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 7 -'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lytle Farms LLC
USR22-0024
1 A Site Specific Development Plan and Use by Special Review Permit, USR22-0024, fora 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) I
3 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)
4 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
5 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)
6 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)
7 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 maybe 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)
8 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, l
as amended (Department of Planning Services)
9 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)
10 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 USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 8
11 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)
12 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)
13 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)
14 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of
Planning Services)
15 The site shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
16 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)
17 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)
18 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)
19 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
20 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)
21 The Property ,Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
22 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
23 The historical flow patterns and runoff amounts op the site will be maintained (Development Review)
24 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)
25 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)
RESOLUTION USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 9
26 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)
27 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the facility (Department of Public Health and Environment) '
28 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)
29 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)
30 Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code A building permit application
must be completed and submitted Buildings and structures shall conform to the requirements of Chapter
29 of the Weld County Code, and the adopted codes at the time of permit application Currently, the
following have been adopted by Weld County 2018 International Building Codes, 2018 International
Energy Code, 2020 National Electrical Code (Department of Planning Services)
31 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)
32 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
33 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
34 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
35 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, 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, for good cause shown, upon a written request by the
landowner "
36 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 "
RESOLUTION USR22-0024
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
PAGE 10 r
37 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
38 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 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 nuisanceremploys
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, 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
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 1:30 pm.
Roll Call
Present Elijah Hatch. Skip Holland, Sam Gluck. Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Butch White and Michael Wailes.
Also Present: Kim Ogle, Diana Aungst, and Max Nader, Department of Planning Services; Lauren Light.
Department of Health: Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR22-0024 (CONTINUED FOM NOVEMBER 1, 2022)
APPLICANT. LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR. LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT
LEGAL DESCRIPTION LOT B FAMILY FARM DIVISION. FFD21-0008: BEING PART E2SW4 SECTION
22, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.25 MILES EAST
OF CR 43.
Commissioner Morgan stated that she was the listing broker on this property when Mr. Lytle purchased it
in 2019 and wishes to recuse herself from this case.
Diana Aungst. Planning Services, presented Case USR22-0024, reading the recommendation and
comments into the record. Ms. Aungst noted that a petition signed by five (5) surrounding property owners
were received with concerns about noise. EMF radiation, light pollution, negative impacts on wildlife and
ecosystems and loss of property values. Additionally. a letter was received on October 31, 2022. Ms.
Aungst stated that the closest residence is approximately 750 feet south of the solar energy facility. The
Department of Planning Services recommends approval of this application along with conditions of approval
and development standards.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise standards and the Waste Handling Plan.
Elizabeth Scanlon, 1724 Gilpin Street, Denver, Colorado, stated that the parcel will remain in agricultural
use. The proposed solar project will be a 31.7 acre project on an 80 acre parcel. The site was selected
due to the close proximity to Xcel Energy's substation.
Ms Scanlon stated that the landowner, Kaycee Lytle, purchased the property from a developer who
purchased the farm and immediately sold the water and mineral rights off of it. She added that they have
since renovated the original 1904 farmhouse and barn and cleaned up the property and farm ground and
brought livestock back on the farm for the first time in decades.
Ms. Scanlon stated that this will provide the opportunity to use the solar area for sheep grazing. Additionally.
Mr. Lytle is looking to transition from a flood irrigation to drip irrigation system as well as going to a no -till
agricultural operation. SunShare has come to an agreement with Mr. Lytle that they help finance some of
the drip irrigation system along with a grant from NRCS. This will continue to keep this land irrigated while
being more efficient and will decrease water demands by 70 percent. Ms. Scanlon added that Mr. Lytle
currently only has 1 of the 16 shares that he requires to fully irrigate this land.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sean Jaehn, 20767 CR 66. stated that he lives approximately 0.25 miles away from the proposed site. Mr.
Jaehn said that he is pro -energy. oil and gas. wind, hydroelectric, and solar. He added that all of these
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sources require substantial infrastructure, all of which is an eye sore Mr Jaehn said that from his property
he can see the DCP gas plant to the south which is a very large sprawling plant that has loud off -gassing
at all hours Additionally, directly across the street from his residence is the beat dump of which two months
of hundreds of trucks in and out, no turn land and tearing up his grass He added that there re hundreds
of beets in his driveway and front yard and an additional five months of loading which consists of the initial
thunder of putting beets into an empty truck and the backup beeping of the truck all hours of the night To
the southeast of his property is the natural gas collection station where countless trucks bring in natural gas
to store in very large holding tanks and the lights that illuminate this operation make mile -high stadium look
like a candle Mr Jaehn stated that they created, at a very large expense, an outdoor living space that had
to be reinvented to the northeast which is facing this property to avoid of these other eye sores He
expressed concern that it will be a gateway for another solar farm He believes he has sacrificed enough
of the beautiful and quiet country living in his area He asked the Planning Commission to deny installing
this solar farm
Robert Taylor, 21193 CR 66, lives next to the landowner Mr Taylor lives out here to get the country feel
and located his house 750 feet back from the road He expressed concern regarding the noise and the
wind blowing through them He supports solar but he doesn't want them in his backyard
Kaycee Lytle, landowner, thanked the neighbors for voicing their concerns His family considered this solar
project for quite a while and they all like this site because of this proximity to the Xcel Energy substation
He said that they feel this is the best option for him and his family He added that the economics have
changes and wondered what the best use of their land is It is becoming harder and harder to keep this
farm in a productive agricultural setting This will allow them to continue to maintain the agricultural aspect I
of the land They will still grow crops and do the best they can with keeping it in agricultural
Commissioner Gluck asked to clarify if the north half of the site is where the panels will be The applicant
replied yes Mr Gluck asked if the south half will be for future development Mr Lytle said that they do not
intend to develop it but use it for their cow herd and agricultural
Commissioner Holland asked what will be planted under the solar panels Mr Lytle said that it will be
perennial cover crop so it will be a mix of warm and cool season grasses that come back every year He
added that the sheep will move throughout the different sections of the solar site so they will be managed
to have rotational grazing
Commissioner Gluck asked if drip irrigation can be handled through 1 share of water Mr Lytle replied no
and added that he will be leasing some shares as well To fully irrigate the farm he needs 16 shares of
water Mr Lytle said that by converting to the drip irrigation he will reduce the amount of irrigation water he
needs to buy at least 45% which is approximately 7 shares Therefore, he would need to obtain 8 shares
of water
Ms Scanlon understands the concerns raised by the neighbors She stated that this is an unmanned facility
so there will be no light pollution While solar arrays produce electromagnetic fields it will be equivalent to
what you might find in a household appliance Additionally, the noise that comes from a solar array is
approximately 58 decibels She added that 150 feet away from a solar array you can't hear it over any
background noise With regard to any visual disruptions this may cause, they are happy to further
collaborate with neighbors on any potential screening to mitigate the visual issue
Commissioner Holland asked what generates the noise from the solar facility Ms Scanlon said that the
loudest noise is the trackers The arrays are on single access trackers and tilt to follow the angle of the
sun throughout the day
Commissioner Holland asked how many people signed this petition Ms Scanlon said that there are five
(5) signers are on the petition She noted that one (1) one of the signers has since spoken with their
landman and added that a lot of his concerns have been addressed Ms Scanlon said that they did have
a neighborhood meeting, however, no one was in attendance
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
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Motion Forward Case USR22-0024 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 Skip Holland, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Elijah Hatch, Michael Palizzi, Pamela Edens, Sam Gluck, Skip -Holland
Absent Shana Morgan
Meeting adjourned at 3 00 p m
Respectfully submitted,
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice -
Chair, Butch White, at 12:30 pm.
Roll Call.
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Elijah Hatch, Sam Gluck.
Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the October 4, 2022 Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Shana Morgan. Motion passed unanimously.
CASE NUMBER: USR22-0024
APPLICANT: LYTLE FARMS, LLC, C/O BECLEE SOLAR, LLC
PLANNER: DIANA AUNGST
REQUEST: 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.
LEGAL DESCRIPTION: LOT B FAMILY FARM DIVISION, FFD21-0008; BEING PART E2SW4 SECTION
22, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66; APPROXIMATELY 0.25 MILES EAST
OF CR 43.
Maxwell Nader, Planning Services, stated that the applicant is requesting a continuance to allow for more
time to work out interconnection delays with Xcel Energy as well as contemplating some system
modifications. The applicant has requested a continuance to the January 3, 2023 Planning Commission.
The Department of Planning Services is in support of this continuation.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue USR22-0024 to the January 3, 2023 Planning Commission Hearing, Moved by Michael
Wailes, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland.
Meeting adjourned at 2:36 p.m.
Respectfully submitted,
-6,46611_,
Kristine Ranslem
Secretary
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