HomeMy WebLinkAbout20220331.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION ca
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
Moved by Sam Gluck, 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: USR21-0020
APPLICANT: ESTROMINA CO GREELEY LAND, LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX18-0151, BEING PART NW4 SECTION 19, T6N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 392; EAST OF AND
ADJACENT TO CR 37.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld
County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. --
The proposed use
is consistent
with Chapter
22 [Weld County
Comprehensive
Plan]
and
any other
applicable
code
provisions
or ordinance
in
effect.
Section 22-2-10.C. states: "Promoting Economic Growth and Stability. Land use policies have a
significant impact economic conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld County's economy, land use
processes and decisions based on the [Comprehensive Plan] shall be consistent and promote
financially responsible growth.
This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions
directly support economic prosperity. This Solar Energy Facility, being a power -generating facility, will
add variety, stability and redundancy to the existing electrical grid. Traditional energy resources are
tied to commodity markets and can vary in demand and output. This facility can complement and
support the economy during times of fluctuating oil and gas activity.
Section 22-2-60.B.3.
states: "Require that energy and mineral resource development
conserve the
land and minimize
the impact on surrounding land and the existing
surrounding land
uses.
The proposed solar array area will occupy less than 50% of the existing parcel and will be sited in the
center portion of the property that is both distant from State Highway 392, being north of the parcel
and the residences located to the north and south of the parcel. Furthermore, the layout of the SEF is
designed to allowed for continued operation of on -site oil and gas surface infrastructure.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
This code section supports the installation of the subject Solar Energy Facility, which is an energy
development. The facility will provide power to be utilized by residences, businesses and farming
operations in Weld County.
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 2
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "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 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-seven (27) acres of the seventy-eight (78) acre parent parcel and
qualifies as an SEF USR
This USR facility will also include two (2) storage containers for construction and operation usage,
being Accessory Uses, permitted by Section 23-3-30 B of the Weld County Code
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent unincorporated lands are zoned A (Agricultural) The surrounding land uses consist of
irrigated and non -irrigated farmland, rural residences, industrial businesses and on -going oil and gas
activity The closest residence is located approximately 200 feet northeast of the subject parcel
boundary However, the actual distance from the solar array to the closest is residence is
approximately 775 feet southwest The distance from the solar facility to the next closest is residence
is approximately 868 feet northeast Three (3) of the eight (8) adjacent parcels of land have
residences located on them There are several USRs within one (1) mile of the site, including
MUSR1 6-0008 (mineral resource development facility, being located northeast of and adjacent to the
SEF facility), USR-995 and MUSR14-0011 (oil and gas production facilities), USR-1492 (church),
3AMUSR-764 (agricultural service business) and USR1 3-0050 (tank, -pump, hose, pipe, and truck
staging/storage yard and maintenance facility)
Weld County Department of Planning Services staff sent notice to twelve (12) surrounding property
owners within 500 feet of the proposed USR boundary No written correspondence or telephone calls
were received
Due to the rural surrounding land uses and significant distance from the facility to other improved
land uses, this low -impact and low -traffic facility appears to be compatible with the area In particular,
the improved area is at least five hundred (500) feet from existing residential buildings and residential
lots of a platted subdivision or planned unit development Of those existing residences beyond five
hundred (500) feet of the improved area, such residential properties are well screened by
landscaping and varied topography
D Section 23-2-220 A 4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of this Code or master plans of affected municipalities
This site is not located within a Coordinated Planning Agreement (CPA) boundary
The site is located within the three (3) mile municipal referral radius of the City of Greeley and Town
of Eaton The Greeley referral from the Community Development Department, dated November 2,
2021, stated no concerns Eaton did not return a referral response
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
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 3
The proposed facility is not located within a Special Flood Hazard Area, Greeley -Weld County Airport
Overlay District, Geologic Hazard Overlay District Historic Townsite Overlay District or Municipal
Separate Storm Sewer System (MS4) area
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 parcel is primarily designated as "Prime Farmland if Irrigated" with low -slope (1-3%), loam soils
A small portion of the site contains loam soils with slightly higher slopes (3-5%) located in the
northeast corner of the parcel Another insignificant portion of the site contains flooded soils, located
in the extreme west -central portion of the parcel The proposed use of the property for an SEF will not
remove topsoil from the property After the life of the Solar Energy Facility, the land may be returned
to historic uses The SEF is compatible with traditional A (Agricultural) Zone District uses as it will not
inhibit farming practices outside of the project area and a grassland vegetative cover will be
maintained under the solar panel arrays
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
Those agency referral responses, which contained comments, provide additional advisory information
and conditions regarding designing and operating the site to protect with the interests of the County,
public and other governmental agencies
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A An updated Decommissioning and Reclamation Plan shall be submitted which addresses the items
listed in Section 23-4-1030 B 4 of the Weld County Code (Department of Planning Services)
B The applicant shall address the comments of PDC Energy, as stated in the mineral notice response
dated December 16, 2021- Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services (Department of Planning Services)
C The applicant_ shall address the referral comments of the Colorado Parks and Wildlife regarding
construction timing in relation to the disruption of bird nests, wildlife fencing, local hunting practices
and migratory bird patterns, as stated in the referral response dated October 26, 2021 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services (Department
of Planning Services)
D The applicant shall address the referral comments of the New Cache La Poudre Irrigating Company
(Greeley #2 Canal) regarding canal operation, preventative maintenance and site improvement
considerations, as stated in the referral response dated November 2, 2021 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services (Department of Planning
Services)
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 4
E The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas
Energy Department, as stated in the referral response dated November 3, 2021 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Department of
Planning Services)
F 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 (Department of
Planning Services — Development Review)
G A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Department of Planning Services —
Development Review)
H If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the owners
of the property crossed by the access The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number
(Department of Planning Services — Development Review)
I The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR21-0020 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D and Section 23-4-1030 of the Weld County
Code (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld
County Code (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical equipment,
power lines, structures, temporary work trailers, storage containers (limited to two (2) per
Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous improvements,
as applicable Clearly indicate which items are temporary for use during construction and which
items are permanent (Department of Planning Services)
6) Show and label the required fencing, gates and any emergency and site identification signage,
in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County
Code Include fence and sign specification details on the map Refer to the Weld County Sign
Code, as amended (Department of Planning Services)
7) Show and label the location of the trash collection areas, if applicable Include specification
details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design
criteria (Department of Planning Services)
8) Show and label any on -site lighting, if applicable All lighting shall be downcast and shielded so
that light rays will not shine directly onto adjacent properties Include lighting specification
details on the USR map Refer to Section 23-2-250 D of the Weld County Code for design
criteria (Department of Planning Services)
9) Show and label the Greeley #2 Canal (Department of Planning Services)
10) Show and label the setback radiuses for existing oil and gas tank batteries, wellheads, and
- encumbrances, if applicable Setback requirements are located in Section 23-3-70 E of the
Weld County Code (Department of Planning Services)
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 5
11) 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)
12) 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)
13) County Road 37 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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 (Department of Planning Services — Development Review)
14) Show and label the approved access locations, approved access width and the appropriate
turning radii on the site plan The applicant must obtain an access permit in the approved
locations prior to construction (Department of Planning Services — Development Review)
15) Show and label the approved tracking control on the site plan (Department of Planning
Services — Development Review)
16) 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 (Department of Planning Services —
Development Review)
17) If applicable, show and label a 30 -foot minimum access and utility easement to provide legal
access to the parcel on the site plan (Department of Planning Services — Development
Review)
18) Show and label the drainage flow arrows (Department of Planning Services — Development
Review)
19) Show and label the parking and traffic circulation flow arrows showing how�the traffic moves
around the property (Department of Public Works)
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional
three (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)
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 6
5 Prior to Construction
A The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in
an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section
23-4-1030 B 4 of the Weld County Code, for acceptance and approval by the Weld County Board of
County Commissioners Once approved, the Decommissioning and Reclamation Plan shall be
updated to include the approved security information (Department of Planning Services)
B The approved access and tracking control shall be constructed prior to on -site construction
(Department of Planning Services — Development Review)
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Planning Services — Development Review)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
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 January 4, 2022
Dated the 4th of January, 2022
W LL t�
Kristine Ranslem
Secretary
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Estromina CO Greeley Land, LLC
USR21-0020
1 A Site -Specific Development Plan and Use by Special Review Permit, USR21-0020 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 The facility is unmanned and will operate year-round, according to the application materials Limited
maintenance personnel may visit the site once operational (Department of Planning Services)
4 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)
5 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)
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)
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) per Section 23-4-
1030 C 5 of the Weld County Code, as amended (Department of Planning Services)
9 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 USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 8
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) per Section 23-4-1030 C 7 of the Weld County Code, as amended
(Department of Planning Services)
11 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)
12 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably
interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of
the Weld County Code, as amended (Department of Planning Services)
13 The site shall adhere to the accepted Decommissioning and Reclamation Plan Per Section 23-4-
1030 B 4 h of the Weld County Code, as amended, Weld County shall have the right to draw upon
the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning
in the event that the holder has not commenced decommissioning/reclamation activities within ninety
(90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation (Department of Planning Services)
14 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
15 The site shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
16 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets No colored lights may be
used which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
17 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)
18 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)
19 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 I of the Weld County Code
(Department of Public Health and Environment)
20 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)
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 9
21 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
22 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)
23 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 (Department of Planning Services
— Development Review)
24 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Department of Planning Services — Development Review)
25 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Planning Services — Development Review)
26 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Department of Planning Services —
Development Review)
27 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Construction) (Department of Planning Services — Development Review)
28 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Department of Planning Services — Development Review)
29 The historical flow patterns and runoff amounts on the site will be maintained (Department of
Planning Services — Development Review)
30 Building permits shall be required for any new construction or setup of a manufactured structure
(buildings and/or structures) per Section 29-3-10 of the Weld County Code A building permit
application must be completed and submitted Buildings and structures shall conform to the
requirements of Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application Currently, the following have been adopted by Weld County 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code (Department of Building
Inspection)
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 USR21-0020
ESTROMINA CO GREELEY LAND, 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 In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown The landowner shall be notified at least ten
(10) days prior to the hearing If the Board of County Commissioners determines that the Use by
Special Review has terminated and no good cause has been shown for continuing the permit, then
the termination becomes final and the Use by Special Review Permit is vacated "
38 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
39 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
RESOLUTION USR21-0020
ESTROMINA CO GREELEY LAND, LLC
PAGE 11
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
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
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Q�\ —�6
Tuesday, January 4, 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 Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: USR21-0020
APPLICANT: ESTROMINA CO GREELEY LAND, LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX18-0151, BEING PART NW4 SECTION 19, T6N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 392; EAST OF AND
ADJACENT TO CR 37.
Michael Hall, Planning Services, presented Case USR21-0020, reading the recommendation and
comments into the record. Mr. Hall noted that no written correspondence was received from surrounding
property owners; however, a phone call regarding general questions was received yesterday. He noted
that the facility will be located on a 78 -acre site and the closest residence is approximately 775 feet from
the solar arrays. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Commissioner Edens said that a few years ago she attempted to put a solar facility on a property and was
told that the maximum acreage for that facility was 5 acres. Mr. Hall said that the solar code was recently
updated in 2021 and added that this is the first solar energy facility under the new code changes. He added
that the code changes removed the scale -based distinctions and is now based on a near urban or ag-rural
designation depending on the zone district and acreage.
Commissioner Hatch clarified if the height of the modules would be 14 feet. Mr. Hall replied it would be 14
feet at full tilt.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Michel Redding, 20 Trafalger Square, Nashua, New Hampshire, stated that they will situate the project in
the center of the property with the footprint of the facility being approximately 30 acres of the total 80 -acre
site. He added that they are proposing a tracker style solar array and provided pictures as an exhibit. The
tracker style is facing east and will move to the west as the sun sets. He added that they will be tapping
the steel posts in the ground for about two to three weeks so there will be some noise during that time. Mr.
Redding said that the site will be fenced and there will be weed management on site. He added that they
will mow the site approximately two times per year.
Chris Haas, 3473 South Broadway, Englewood, Colorado, highlighted the review criteria and their
application process. They provided the additional standard statements and commended the Planning
Department in making this process efficient. Mr. Haas said that their intent in their application was to stress
the compatibility of this project with the existing land use surrounding this property.
1
Commissioner Edens commented that Colorado just lost 1000 homes to grass fires and added that she
personally doesn't think mowing the grass two times a year is sufficient She believes it should be
maintained much better than that Mr Redding said that it is a balance between the importance of the
habitat versus providing public safety He added that if the Commissioners feel that public safety may
outweigh the need for maintaining a longer -term habitat they are open to that
Commissioner Hatch asked if there is any bare ground areas along the fence lines that would help mitigate
fires Mr Redding said that there is a gravel road that goes up through the center, a canal to the east and
there is another road on the west that creates a natural break
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion. Forward Case USR21-0020 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Sam Gluck, Seconded by Michael Palizzi
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes- Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Skip Holland, Tom Cope
No Pamela Edens
Meeting adjourned at 5 02 pm
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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123 Nowhere Street, City, State, Zip
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