HomeMy WebLinkAbout20221552.tiffLAND USE APPLICATION
SUMMARY
Planner: Angela Snyder Hearing Date: May 3, 2022
Case Number: USR22-0007
Property Owner: Willard and Linda Owens, 3525 Diane Place, Greeley
Applicant: US Solar Corporation 100 N. 6'" Street, Minneapolis, MN 55403
c/o Michelle Simms
Request: A Site -Specific Development Plan and Use by Special Review for a Solar Energy
Facility in the A (Agricultural) Zone District (Picadilly)
Legal The Lot A of RECX15-0100 and Lot B of RE -3479 both located in the N E4 of Section
Description: 23, T6N, R67W of the 6'" P.M., Weld County, Colorado
Location: West of and adjacent to County Road 23 Section Line, east of and adjacent to
County Road 23, approximately 330 feet south of State Highway 392
Size of SEF:
Size of Parcels:
± 26.4 acres
± 35 acres
Parcel Nos. 0807-23-1-00-002
0807-23-1-00-057
The criteria for review of this Special Review Permit are 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:
v Public Service Company of Colorado (Xcel Energy), referral dated April 7, 2022
Y Windsor -Severance Fire Rescue, referral dated March 21, 2022
Y Weld County Department of Public Health and Environment, referral dated March 16, 2022
Y Weld County Department of Planning Services — Development Review, referral dated March 11, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V VV V V V
PDC Energy, Inc. referral dated March 10, 2022
Suncor Energy, U.S.A. referral dated March 7, 2022
Town of Windsor, referral dated March 8, 2022
Town of Severance, referral dated March 15, 2022
Weld County Sheriff's Office, referral dated March 8, 2022
Weld County Zoning Compliance, referral dated March 7, 2022
Farmers Reservoir & Irrigation Company, referral dated April 5, 2022
Weld County Oil and Gas Energy Department, referral dated March 10, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
Extraction Oil & Gas, Inc.
Noble Energy, Inc. ➢ Weld County Assessor's Office
Saddle Butte Pipeline LLC
USR22-0007, Owens
Page 1 of 10
v Weld County School District RE -4 Y Greeley Irrigation Company
Y Cache la Poudre Irrigating, Company Y West Greeley Conservation District
Case Summary:
The applicant, US Solar Corporation, has requested to place a five (5) mega -watt (MW) solar energy facility
on just over twenty-six (26) acres currently used for hay production. The land was last irrigated in 2005. Lot
B of RECX15-0100 was the site of a planned unit development (PZ-1120) project that has been abandoned
and vacated on November 29, 2021, by the BOCC, Resolution No. 2021-3282.
The facility will include an estimated twelve thousand forty-two (12,0042) single -axis solar modules, twenty
(20) inverters, and two (2) transformers and will power approximately three hundred seventy-five (375)
homes. The site will be visited for quarterly far maintenance of both equipment and vegetation. The site will
be reseeded with a dry meadow habitat mix to decrease erosion and prevent noxious weed growth. No
lighting is proposed. No irrigation is present or proposed?
The site is within five hundred (500) feet of ten (10) homes. The applicant has been in contact with those
residences and plans to provide landscaping and screening where desired and to provide the County with
waivers for the residents who did not desire screening.
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 xx years, or if the site is non -operational for
twelve (12) months. Much of the equipment is recyclable. The estimated cost for reclamation is $191,320
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
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.
Staff finds that the proposal is consistent with entirety of the Comprehensive Plan and more
specifically the following goals.
22-2-30.C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned
energy development facility. The applicant has proposed screening and landscaping options
for residences within five hundred (500) feet of the facility. Some residents do not desire to be
screened from the facility, as the screening may impede mountain views. The applicant will
submit waivers from these residents.
22-2-30.D. Collaborate on County -wide transportation and land use plans.
The applicant has proposed access onto County Road 23 at an existing permitted access point.
An industrial access permit will be necessary prior to construction. County Road 23 is
designated as a collector road. No concerns were indicated in the Development Review referral
dated March 11, 2022. The property also has access to Stagecoach Road, but this access will
not be used by the solar facility.
USR22-0007, Owens
Page 2 of 10
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.
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.
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 as the facility will produce energy
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.
There are nine (9) parcels within five hundred (500) feet containing ten (10) residences.
Surrounding property owners were contacted by the applicant. Some have requested
screening and others desire no screening. The County also notified 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 designated as an Opportunity Zone on the Weld County Comprehensive Plan.
The site is located within the three (3) mile referral area and Coordinated Planning Agreement
areas for the Towns of Windsor and Severance. Both towns responded with no concerns or
recommendations.
The applicant was encouraged to contact the nearest municipality, the Town of Severance, to
discuss annexation. The town did not express interest in annexation of the project and replied
with "no concerns" to the project being developed in unincorporated Weld County in the referral
response dated March 15, 2022.
The site is within the Growth Management Area for the Town of Windsor, even though it is not
eligible for annexation. The Town of Windsor indicated that the light industrial use of the
property as a solar facility complies with the Windsor Land Use Map in the March 8, 2022,
referral response.
USR22-0007, Owens
Page 3 of 10
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 not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay
District, Airport 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 majority of the facility will be located on Kim loam and Otero sandy loam soils, which are
classified with an A rating per the soil report dated February 9, 2022, from the Natural Resource
Conservation Service Soil Survey. These have a high infiltration rate and low runoff potential.
Only 2.5 acres of the site are on soils rated B or C. The land is partially classified a farmland
of statewide importance and prime farmland, if irrigated. The land has not been irrigated since
2005. 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 and Section 23-4-1030, 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 April 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 Windsor -Severance Fire Rescue,
as stated in the referral response dated March 21, 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 submit to the Department of Planning Services any screening waivers
from residents within five hundred (500) feet. (Department of Planning Services)
D. 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)
E. A Road Maintenance Agreement 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)
USR22-0007, Owens
Page 4 of 10
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0007 (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.
11. All recorded easements and rights -of -way on the map by book and page number or
reception number and recording date, including the 30 -foot minimum access and utility
easement along the eastern border of Lot B of Recorded Exemption RE -3479.
(Department of Planning Services & Development Review)
12. County Road 23 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 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)
13. Show and label the approved access location onto County Road 23, 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)
14. Show and label the drainage flow arrows. (Development Review)
USR22-0007, Owens
Page 5 of 10
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the USR 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. 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)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
C. Obtain an access permit, specific to the type of activity, for the access location onto CR 23.
(Development Review)
USR22-0007, Owens
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
U.S. Solar Corporation / Owens
USR22-0007
1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0007, for a solar energy
facility (SEF) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services) see comment page 1 on request language
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 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. (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 (N RCS). (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)
USR22-0007, Owens
Page 7 of 10
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. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
USR22-0007, Owens
Page 8 of 10
27. 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.
28. 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.
29. 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
30. 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.
31. 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.
USR22-0007, Owens
Page 9 of 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.
USR22-0007, Owens
Page 10 of 10
April 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
Simms Michelle
100 N 6th St #410B
Minneapolis, MN 55403
Subject: USR22-0007 - A Site Specific Development Plan and Use by Special Review for a Solar
Energy Facility in the A (Agricultural) Zone District (Picadilly)
On parcel(s) of land described as:
LOT A REC EXMEPT RECX15-0100 AND LOT B REC EXEMPT RE -3479; BEING PART NE4 SECTION 23,
T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 15, 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
Respectfully,
r
Angela Snyder
Planner
Hello