HomeMy WebLinkAbout20231291.tiffBefore the Weld County, Colorado, Planning Commission
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
USR23-0006
R23-0006
Timothy and Laura Cook. c/o Pivot Solar 35, LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Lot B of Recorded Exemption. RECX15-0103: Part of the SW1/4 NW1/4 of Section
11, Township 4 North, Range 66 West of the 6th P.M . Weld County, Colorado.
East of and adjacent to County Road 33. approximately 0 5 miles north of County
Road 46.
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 this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth."
This Solar Energy Facility will provide construction jobs initially and energy generation 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.
22-2-30. C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. There are four (4) residences that are less than five hundred (500) feet from
the facility. The applicant has been in contact with these property owners and will be requesting
waivers from these property owners as an alternative to installing screening and landscaping.
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 project is committed to donating 100% of the energy produced to low-income Coloradans to
assist in paying the energy bills.
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 2
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEFs), 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 twenty-three (23)
acres and qualifies as a SEF USR
This SEF may also include two (2) 40 -foot conex (cargo) containers during construction Cargo
containers are allowed as an Accessory Use, per 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
There are nine (9) properties that surround this site The properties to the northeast and east are
located in the City of Evans and have a City designated zoning of 1-3, Heavy Industrial Four (4)
residences are less than 500 feet from the proposed facility one (1) of which is located in the City
of Evans The remainder of the properties adjacent to the site are zoned A (Agricultural) The
land uses include the four (4) aforementioned residences, agricultural uses, vacant land, and
USR11-0005 for a compressor station ,
There are eight (8) USRs within one (1) mile of the site USR17-0050 for a greater than twelve
(12) inch high pressure natural gas and USR11-0016 for a twelve (12) inch natural gas pipeline
are southwest of the site, USR11-0010 for an oil and gas support facility and USR13-0012 for
agricultural services are east of the site, USR11-0005 for oil and gas support and service and
MUSR14-0031 fora mineral resource development facility are west of the site and USR20-0003
for farm equipment sales, repair and installation is one-half (0 5) mile northwest of the site There
is also USR19-0054 for an eighty (80) acre medium solar facility one (1) mile southwest of the
site and a two and one-half (2 5) acre Zoning Permit for a solar energy facility (ZPSF22-0002)
three-quarters (0 75) of a mile east of the site
Weld County Department of Planning Services staff sent notice to nine (9) surrounding property
owners within 500 feet of the proposed USR boundary No written correspondence or telephone
calls were received
The proposed use is in an area that can support this development and 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 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans
and the Town of Milliken As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI) The City of Evans submitted a Notice of Inquiry dated July 7, 2022 which
indicated that the City wished to annex the site or have the property owner enter into a pre -
annexation agreement The applicant discussed the potential of annexing into the city over
emails in July and August of 2022 (included in the application materials) until it was discovered
that the lease that Pivot Solar had with the property owner contained a unique clause that states,
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 3
in part, "Company (aka Pivot) agrees to not pursue annexation into any other municipality in
Weld County " This lease also states that the property owner has the right to terminate if
annexation cannot be avoided Once this information about the clause in the lease was provided
to the City of Evans the City requested that the applicant coordinate with the City of Evans'
engineering department regarding the access permit and any road damage control permits as
County Road 33 has been annexed into the city limits
According to the City of Evans' Community Master Plan (2022) and corresponding future land
use map the site is located within the City's Urban Growth Boundary with a future land use of
industrial This 'industrial' designation would allow for light and heavy industrial, office,
manufacturing, distribution and warehousing, research and development and some commercial
uses
The Town of Milliken submitted a Notice of Inquiry dated June 10, 2022 stating that they do not
wish to annex
According to the Framework Plan for the Town of Milliken included, in the Town's
Comprehensive Plan dated February 2016, the site is not located in the Town of Milliken's
Influence Area or Urban Growth Boundary
The site is located within the three (3) mile referral area of the City of Evans and the Towns of
LaSalle and Milliken The City of Evans submitted referral agency comments dated February 13,
2023 stating that they have no concerns but, since County Road 33 is annexed into the City, that
the applicant address any future access or tracking control items that may arise The Town of
LaSalle submitted referral agency comments dated February 14, 2023 indicating no concerns
The Town of Milliken did not submit referral agency comments
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, Agricultural Heritage Overlay District, or part of a Disproportionally Impacted
Community
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 proposed facility is located on approximately 28 acres of soils designated as "Farmland of
Local Importance" with low slope (0-3%) Vona loamy sand per the USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report The proposed use of the property for an SEF
will not remove topsoil from the property After the life of the SEF the land may be returned to
historic uses
According to the applicant materials, "The farm is used for dry land grass and forage production
Limited well water rights are leased by landowner presently, unrelated to SEF, and that will not
change with this project Pivot [Solar] is working to make sure that agricultural uses can be kept
onsite and work in conjunction with the,solar facility Pivot [Solar] may use the site for dry land
grazing by using sheep to mitigate weeds and overgrowth A native seed mix will be used, and
no irrigation will occur underneath the panels "
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 4
G. Section 23 -2 -220.A.7 --There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code). Operation Standards (Section 23-
2-250. Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants
of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 Prior to recording the map:
Energy Department, as stated in the referral response dated January 25, 2023. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (OGED)
B. The applicant shall submit a Landscape and Screening Plan or screening waivers from residents
within five hundred (500) feet. The Landscape and Screening Plan shall be submitted to and
approved by the Department of Planning Services and shall screen the site from the surrounding
property owners. (Department of Planning Services)
C. The applicant shall submit the Interconnection Agreement. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0006. (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)
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 5
7) Show and label the location of the trash collection areas, if applicable Include specification
details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for
design criteria (Department of Planning Services)
8) Show and label any on -site lighting, if applicable All lighting shall be downcast and shielded
so that light rays will not shine directly onto adjacent properties Include lighting specification
details on the USR map Refer to Section 23-2-250 D of the Weld County Code for design
criteria (Department of Planning Services)
9) Show and label any planned oil and gas surface development areas, corridors, access
roadways, etc as part of any executed Surface Use Agreement (Department of Planning
Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date (Department of Planning Services)
11) This portion of County Road 33 is under the jurisdiction of the Town of Evans Please contact
the municipality to verify the right-of-way Show and label the right-of-way Show the
approved access on the site plan and label with the approved access permit number, if
applicable (Development Review)
12) 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 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 If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 6
Motion seconded by Sam Gluck
VOTE
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Against Passage Absent
Pamela Edens
Michael Wades
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
Michael Palau
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 May 2, 2023
Dated the 2"d of May, 2023
Kristine Ranslem
Secretary
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Timothy and Laura Cook
USR23-0006
1 A Site -Specific Development Plan and Use by Special Review Permit, USR23-0006, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 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)
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 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)
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, 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 USR23-0006
Timothy and Laura Cook, do Pivot Solar 35, 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 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved
Access Permit from the Weld County Department of Public Works, pursuant to the provisions of
Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as
amended (Department of Planning Services)
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 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)
15 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services) -
16 The site shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
17 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)
18 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
19 The property owner shall maintain compliance with the Decommission Plan (Department of Planning
Services)
20 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
21 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
22 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
23 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)
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
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24 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)
25 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)
26 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
27 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)
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 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)
30 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
(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
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 10
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 "
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 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
Resolution USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35, LLC
Page 11
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, May 2, 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 1:32 p.m.
Roll Call.
Present Elijah Hatch, Skip Holland. Sam Gluck, Butch White. Michael Wailes, Shana Morgan.
Absent: Pamela Edens, Michael Palizzi.
Also Present: Kim Ogle, Chris Gathman. Diana Aungst. Maxwell Nader, and Jim Flesher, Department of
Planning Services: Rob Adriaens, Department of Building Inspection: Lauren Light. Department of Health:
Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
USR23-0006
Timothy and Laura Cook, c/o Pivot Solar 35. LLC
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
Lot B of Recorded Exemption, RECX15-0103; Part of the SW1/4 NW1/4 of Section
11. Township 4 North, Range 66 West of the 6th P.M , Weld County. Colorado.
East of and adjacent to County Road 33: approximately 0.5 miles north of County
Road 46.
Diana Aungst, Planning Services, presented Case USR23-0006, reading the recommendation and
comments into the record. Ms. Aungst stated that the applicant has addressed Condition of Approval 1.A,
therefore, Staff is requesting that this condition be removed. 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, and the Waste Handling Plan.
Kyle Sundman. Pivot Energy. 1601 Wewatta Denver, Colorado.. said that there are three applications before
the Planning Commission today so they will go through the site generalities and then go into specifics for
each hearing.
Mr. Sundman said that these sites have good topography, solar resources and proximity to distribution level
electrical infrastructure. They will have low growth native seed mix that will be used for sheep to graze and
the sites will be surrounded by wildlife friendly game fence. The majority of construction will be concentrated
over two to three months and then after construction there will be four to eight maintenance visits per year.
The life span of these facilities is expected to be 20-40 years. These sites were the highest and best use
of the property. as determined by the property owners.
Samantha Frick. Community Engagement and Impact Manager for Pivot Energy. 1601 Wewatta, Denver,
Colorado. stated that they take community engagement very seriously. Ms. Frick said that they reached
out to the local neighbors and sent letters with information about the project and also held a community
meeting last fall. In addition. they sent follow up letters updating them about the project and invited them
to call or email them for their concerns. She added that they did have direct communication with a few
neighbors and no concerns were received.
Mr. Sundman said that this site is dryland and not irrigated. They have a land lease with the Cook family
and have not received any concerns from the surrounding community.
Tim Cook, 6421 Highway 63, said that they have owned this property since 1995 and in 2002 the State of
Colorado shut down the irrigation wells and they were regulated and forced into a well augmentation plan.
In order to comply they have had to spend a lot of money with these rules and restrictions only to have a
1
small pumping quota each year which makes their farm a dryland farm The farm ground has not been
sustainable with the loss of the irrigation well Mr Cook said that they were approached by several solar
companies about leasing their place because it meets their criteria They feel this is a good, viable way for
them to draw some income from the farm
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Motion Delete Condition of Approval 1 A and renumber accordingly, Moved by Skip Holland, Seconded
by Sam Gluck Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR23-0006 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Skip Holland, Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote (summary Yes = 6) -
Yes Butch White, Elijah Hatch, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland
Meeting adjourned at 7 13 pm
Respectfully submitted,
d L if PI
Kristine Ranslem
Secretary
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