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Home My WebLink About20222295.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONER Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: U S R22-0013 DAVID COGBURN, C/O US SOLAR KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SOLAR ENERGY FACILITY (2.4 MW ON 18 ACRES) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -4581; BEING PART OF THE S2SE4 SECTION 24, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 66; WEST OF AND ADJACENT TO CR 49. be recommended favorably to the Board of County Commissioners 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 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 and any other applicable code provisions or ordinance in effect. Planning staff finds that the proposal is consistent with entirety of the Comprehensive Plan and more specifically the following goals. Section 22-2-10 addresses the Guiding Principles that serve as the foundation for land use policy in the County. Section 22-2-10.B states "One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." Section 22-2-30 addresses Land use goals and objectives, including 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 with limited traffic generation once operational. The applicant has proposed screening and landscaping options for residences within five hundred (500) feet of the facility. Screening is required of adjacent property owners and will include a single row of Rocky Mountain Juniper along the facility fence line where it borders the neighbors. Rocky Mountain Juniper trees have historically performed very well on sites with these soil conditions, location and elevation, and local plant community composition. In addition to providing a visual buffer from neighboring residences, our landscape screening is designed to fit with the neighborhood and benefit the local environment. Should neighbors request to not be screened from the facility, the applicant will submit waivers from these residents. Section 22-2-60. addresses Natural resource goals and objectives, including Section 22-2-60.8 "Support responsible energy and mineral development." According to the application, the Solar Energy Facility will connect into the Xcel Energy power grid. The application states that efforts will be made to protect the soil and minimize the impacts to the area. Further, once operational, the proposed SEF creates no noise. odor, light or flickering, vibration, vermin, dust, or other nuisances — its operation is virtually unnoticeable to neighboring properties and it will not impact surrounding property's right to quiet enjoyment. RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 2 Additionally, Section 22-2-60 B 2 states "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities " This portion of CR 66 is a gravel road that is currently in engineering review as part of the County Road 66 alignment study, and possible right-of-way acquisition that could potentially impact setbacks There is existing overhead electric service located south of County Road 66 and east of County Road 49 rights -of -way B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District The proposed use, Solar Energy Facility, is permittable under Section 23-3-40 FF of the Weld County Code as defined here, Solar Energy Facilities (SEF'S), being more than five (5) acres in size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area This proposed facility is located in the urban/non- urban mix area 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 The proposal meets the intent of A (Agricultural) Zone District, including the Principles, Goals and Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy harvested from the sun and will not interfere with adjacent agricultural operations C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The property is within five hundred (500) feet of thirteen (13) parcels, with six (6) homes, with the solar facility locate within five hundred feet of four (4) homes with one parcel having two (2) residencies on a single parcel As part of the application process, the county provided notice to these property owners, and no responses were received The proposed screening and landscaping, Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and 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 solar energy facility is proposed to be less than one hundred sixty (160) acres in the near- urban area, so it does not require a 1041 review The site is not designated as an Opportunity Zone on the Weld County Comprehensive Plan The site is located within the three (3) mile referral area of the City of Greeley and within the three (3) mile referral area Coordinated Planning Agreement area for the Town of Kersey Both municipalities responded with no concerns or recommendations 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 within the Airport Overlay District The proposed SEF complies with h the height limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations Further, the proposed SEF will not create electrical interference, include any lights, result in any glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise interfere in any way with the RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 3 operations of the Airport as required by Chapter 23, Article V, Section 23-5-40, use restrictions. The applicant will be required to file with the Federal Aviation Administration, who will ensure that the proposed SEF fully complies with FAA requirements for the Greeley -Weld County Airport. The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay District, or a Special Flood Hazard Area. Building Permits issued on the property 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 entire facility will be located on Nunn clay loam soils, which are classified with a C rating per the soil report dated February 28, 2022, from the Natural Resource Conservation Service Soil Survey. This soil type has a low infiltration rate and high runoff potential. The land is classified as prime farmland, if irrigated. The applicant indicates that the land may be returned to agricultural production if the site is decommissioned. 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. The proposed access to the solar energy facility crosses the Union Lateral Irrigation Ditch and the Roth Ditch located north of and parallel to County Road 66. The applicant shall submit evidence of a recorded vehicular crossing agreement and also a separate utility crossing easement agreement between the Union Lateral Irrigation Ditch and the Roth Ditch. The agreement shall be between the Union lateral Irrigation Ditch and the Roth Ditch and David Cogburn, surface property owner on behalf of US Solar as leaseholder. Recorded evidence of each agreement shall be submitted to the Department of planning Services. (Department of Planning Services) B. The applicant shall address the requirements of Xcel Energy, as stated in the updated referral response dated June 7, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall acknowledge the advisory comments of Magellan Pipeline Company, LP, as stated in the updated referral response dated May 26, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall acknowledge the advisory comments of the Galeton Fire Protection District, as stated in the referral response dated May 12, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet. (Department of Planning Services) RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 4 F 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) G 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) H A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR22-0013 (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 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) 5 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 (Department of Planning Services) 6 On -site lighting, if applicable All lighting shall be downcast and shielded so that light rays will notshine 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) 7 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) 8 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) 9 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any executed Surface Use Agreement, if applicable (Department of Planning Services) 10 Screening plan for residences within five hundred (500) feet, unless a waiver from the resident has been supplied to the Department of Planning Services (Department of Planning Services) / 11 County Road 66 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map 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 shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 5 12 Show and label the approved access location, approved access width and the appropriate turning radii on the site plan The applicant must obtain an access permit in the approved location prior to construction (Development Review) 13 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 35 feet (Development Review) 14 Show and label the approved tracking control on the site plan (Development Review) 15 Show and label the accepted drainage features Permanent Control Measures should be labeled as "No-Build/No Storage Area" and shall include the calculated design volume (Development Review) 16 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 17 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70 E of the Weld County Code (Department of Planning Services) 18 All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number (Department of Planning Services) 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 Prior to the release of building permits, the applicant shall be required to submit a complete access application for the "preliminarily approved" access location as shown on this plan (Development Review) B The approved access and tracking control shall be constructed prior to on -site construction (Development Review) C If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction (Department of Public Works) 5 The Use by Special Review Permit 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 plat 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) RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 6 Motion seconded by Michael Palizzi VOTE For Passage Skip Holland Sam Gluck Butch White Michael Wailes Michael Pahzzi Against Passage Lonnie Ford Pamela Edens Absent Tom Cope Elijah Hatch 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 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 July 12, 2022 Dated the 12th of July, 2022 Kristine Ranslem Secretary RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS US Solar Corporation — David Cogburn USR22-0013 1 A Site Specific Development Plan and Use by Special Review fora Solar Energy Facility (2 4 MW on 18 acres) 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 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 natural grade below each solar panel to the highest extent of the solar panel rotation (Department of Planning Services) 6 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) 7 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) 8 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) 9 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) 10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Reportand 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) 11 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) 12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of Planning Services) RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 8 13 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) 14 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) 15 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) 16 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) 17 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 18 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) 19 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) 20 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) 21 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) 22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 23 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 24 Prior to the release of building permits, the applicant shall be required to submit a complete access application for the "preliminarily approved" access location as shown on this plan (Development Review) 25 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 26 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 27 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 28 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 RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 9 Development Standards are permitted Any other changes shall be filed in the office of the Department of Planning Services 29 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 30 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 31 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 32 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 33 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 RESOLUTION USR22-0013 DAVID COGBURN, C/O US SOLAR PAGE 10 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, July 12, 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 Butch White at 12:33 p.m. Roll Call. Present: Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi. Absent: Tom Cope, Elijah Hatch. Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION: USR22-001 3 DAVID COGBURN, C/O US SOLAR KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SOLAR ENERGY FACILITY (2.4 MW ON 18 ACRES) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -4581; BEING PART OF THE S2SE4 SECTION 24, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 66; WEST OF AND ADJACENT TO CR 49. Kim Ogle, Planning Services, presented Case USR22-0013, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Mr. Ogle recommended adding a new Condition of Approval 1.A to read "The proposed access to the solar energy facility crosses the Union Lateral Irrigation Ditch and the Roth Ditch located north of and parallel to County Road 66. The applicant shall submit evidence of a recorded vehicular crossing agreement and also a separate utility crossing easement agreement between the Union Lateral Irrigation Ditch and the Roth Ditch. The agreement shall be between the Union lateral Irrigation Ditch and the Roth Ditch and David Cogburn, surface property owner on behalf of US Solar as leaseholder. Recorded evidence of each agreement shall be submitted to the Department of planning Services". Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Michelle Simms, US Solar, 100 North 6th Street, Minneapolis, Minnesota, stated that the are requesting to construct, own and operate a 2.4 megawatt solar energy facility on 14.8 acres. The solar facility is located on the west side of the parcel and meets all county setbacks and will be accessed via a new proposed access point. The solar facility will interconnect directly into Xcel Energy's existing distribution system along the south side of County Road 66 and will generate enough clean energy to power approximately 600 homes annually. Ms. Simms stated that the solar facility is sited on approximately 15 acres of land and the footprint was designed to maximize the productivity and irrigation of the remaining 58 acres of this parcel. The footprint allows the center pivot to continue irrigating the maximum amount of land possible. She added that the 15 acres of the solar facility will be vegetated with a native habitat mix. Ms. Simms said that construction is expected to last approximately 10 weeks. The height of the panels are about six to eight feet tall. A farm field type fence will be installed and landowners within 500 feet will be provided with Rocky Mountain Juniper trees for screening unless they choose to waive the screening requirement. Commissioner Gluck asked if this site is currently irrigated crop land. Ms. Simms said that this site is currently irrigated crop land. Commission Ford asked why this farm land was chosen instead of land that isn't prime farm land Ms Simms said that there is a lot of consideration that goes into siting the solar projects Some of the criteria that are required to have a successful project is to develop on land within Xcel Energy's service territory, which includes this area, and this is very close to the distribution line on County Road 66 so having projects closer to those distribution lines ensures that less electricity is lost and is overall a better fit for Xcel Energy Additional things to consider is the topography of the land and also because this land is owned by a private landowner it is a business opportunity for them to support their farm The Chair asked if them was anyone in the audience who wished to speak for or against this application No one wished to speak Motion Add new Condition of Approval 1 A and renumber accordingly, as recommended by Staff, Moved by Michael Wailes, Seconded by Skip Holland 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 USR22-0013 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 Michael Wades, Seconded by Michael Palizzi Vote Motion passed (summary Yes = 5, No = 2, Abstain = 0) Yes Butch White, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland No Lonnie Ford, Pamela Edens Commissioner Gluck stated that it would be better to look for ground that is not existing farm ground so that we can maintain Weld County's agricultural heritage Commissioner Ford said that he believes farm land should not have a solar facility Meeting adjourned at 2 34 pm Respectfully submitted, 4'xiebnc. 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