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Case Number:
Property Owner:
Applicant:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY
Kim Ogle Hearing Date: July 12, 2022
USR22-0013
R22-0013
David W. Cogburn, 25394 County Road 59, Kersey
US Solar Corporation 100 N. 6th Street, Minneapolis, MN 55403 c/o Michelle Simms
A Site Specific Development Plan and Use by Special Review for a Solar Energy
Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone
District
Lot B of Recorded Exemption RE -4581 being part of the S2SE4 of Section 24, T6N,
R65W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 66, West of and adjacent to County Road 49
Size of Parcel: ± 69.8 acres
Size of SEF Area: ± 15 acres
Parcel No. 0803-24-4-00-002
The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030
of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
■ Weld County Department of Public Health and Environment, referral dated May 5, 2022
■ Weld County Department of Planning Services — Development Review, referral dated May 6, 2022
■ Galeton Fire Protection District, referral dated May 12, 2022
• Public Service of Colorado (Xcel Energy), referral dated June 7, 2022
▪ Colorado Parks and Wildlife, referral dated June 20, 2022
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
• Town of Kersey, referral dated May 4, 2022
■ City of Greeley, referral dated May 5, 2022
■ Weld County Sheriffs Office, referral dated May 2, 2022
■ Weld County Department of Planning Services — Code Compliance, referral dated May 2, 2022
• Weld County Oil and Gas Energy Department, referral dated May 6, 2022
• Magellan Pipeline Company, LP, referral dated May 26, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• North Weld County Water District
• Weld County Office of Emergency
Management
■ Tallgrass Energy, LLC
• Kinder Morgan, Inc.
• PDC Energy Inc.
■ Union Pacific Railroad
■ Greeley -Weld County Airport
Case Summary:
The applicant, US Solar Corporation, has requested to place a 2.4 mega -watt (MW) solar energy facility on
approximately fifteen (15) acres of agricultural land currently under a center pivot. Lands not impacted by the SEF
will continue in agricultural production as well as the adjoining parcel of land, as both parcels are planted
seasonally in a row crop.
The property is within five hundred (500) feet of six (6) homes, with the solar facility footprint located within five
hundred (500) feet of four (4) homes with one parcel having two (2) residences. The applicant has been in contact
with those residences and plans to provide landscaping and screening.
The facility will include an estimated twelve thousand forty-two (12, 042) single -axis solar modules, forty (40)
inverters, and one (1) transformer and will power approximately three hundred fifty (350) homes. The site will be
visited for quarterly for routine maintenance of both equipment and vegetation. The facility is remotely monitored
24/7 by full time staff. The site will be re -vegetated using a native habitat mix, which will decrease erosion, prevent
noxious weed growth and establishment. The native habitat mix will be maintained by vegetation experts to
facilitate establishment. There is no irrigation water provided to establish the vegetative screen for the proposed
Rocky Mountain Junipers. Area lighting is not proposed for the facility.
The decommission and reclamation plan submitted with the application indicates that the site will be
decommissioned and reclaimed at the end of the lease term of twenty (20) years with an option of four (4)
additional five (5) year terms, operational life, or if the site is non -operational for twelve (12) months. Much of the
equipment is recyclable. The estimated cost for reclamation is approximately $100,000 and is the amount
suggested by the applicant for the surety bond. In the event the application is approved, the applicant will work
with staff to ensure the surety meets Weld County minimum standards
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED
BASED ON THE FOLLOWING APPROVAL CRITERIA:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section
23-4-1030.B of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect.
Planning staff finds that the proposal is consistent with entirety of the Comprehensive Plan and more
specifically the following goals.
Section 22-2-10 state 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."
The applicant and property owner has made a business decision on the highest and best use of his
agricultural operation and will continue to use the property for irrigated row crop production under a
center pivot. Of the seventy-three (73) acre parcel fifteen (15) acres will be utilized for the proposed
solar energy facility. The land under the solar panels will be vegetated using a native habitat mix,
which will be maintained by vegetation experts to facilitate establishment of the cover and decrease
erosion, prevent noxious weed growth and the establishment of weeds. The remaining fifty-eight (58)
acres will seamlessly integrate ongoing agricultural activities with the adjoining seventy-three (73) acre
parcel located to the north and also owned by the property owner.
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.B "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. The operation of the SEF is virtually unnoticeable to neighboring properties and it will
not impact surrounding property's right to quiet enjoyment.
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 applicant and property owner has made a business decision on the highest and best us of the
fifteen (15) acre area for the solar energy facility. The remainder of the land will retain the use of the
center pivot for the parcel and the adjoining parcel to the north, also owned by this property owner.
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 footprint locate within five hundred feet of four (4) homes with one parcel having two (2)
residencies. As part of the application process, Weld 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. The 2016 Town of Kersey
Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62. This property
is located on County Road 66 and is therefore outside of Kersey's Future Land Use Planning Area. 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 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 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. Of the seventy-three (73) acre parcel fifteen (15) acres will be utilized for the proposed solar
energy facility. The remaining fifty-eight (58) acres will seamlessly integrate ongoing agricultural
activities with the adjoining seventy-three (73) acre parcel located to the north and also owned by the
property owner. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of 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)
B. 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)
C. 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)
D. The applicant shall acknowledge the advisory comments of Colorado Parks and Wildlife, as stated in the
referral response dated June 20, 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)
F. If utilizing a vegetative material, e.g., Rocky Mountain Junipers as specified in the application materials
to screen the adjoining property to the west and south, the applicant shall submit an irrigation plan to the
Department of Planning Services for review and acceptance. (Department of Planning Services)
G. 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)
H. 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)
I. 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)
J. 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 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)
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)
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. 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. (Development Review)
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)
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David Cogburn
USR22-0013
1. A Site Specific Development Plan and Use by Special Review, USR22-0013 for a Solar Energy Facility
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
Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground -
mounted solar collector systems shall be exempt from impervious surface calculations if the soil under
the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS). (Department of Planning Services)
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)
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
USR22-0000, Applicant
Page 9 of 11
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.
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
USR22-0000, Applicant
Page 10 of 11
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
USR22-0000, Applicant
Page 11 of 11
MEMORANDUM
TO: Planning Commission
DATE: July 12, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Amendment to the PC Resolution
The Department of Planning Services is requesting an amendment to the PC Resolution, specifically
under the heading of Prior to recording the map, add new number 1.A to state:
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 Cogbum, 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)
and reletter accordingly.
June 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Simms Michelle
101 No. 6th Street, #410B
Minneapolis, MN 55403
Subject: USR22-0013 - A Site Specific Development Plan and Use by Special Review for a Solar
Energy Facility (2.4 MW on 18 acres) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District
On parcel(s) of land described as:
LOT B REC EXEMPT RE -4581; PART S2SE4 SECTION 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 12, 2022 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 17, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
R -spec Ily,
Kim
Planner
Hello