HomeMy WebLinkAbout20211623.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
MICHAEL HALL
A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
E2W2SE4 SECTION 34. T6N, R65W OF THE 6TH P.M., WELD COUNTY;
COLORADO.
NORTH OF AND ADJACENT TO CR 62. APPROXIMATELY 0.25 MILES WEST OF
CR 45.
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.
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 facility will provide construction jobs and energy to Weld County. These functions
directly support economic prosperity. This solar 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 facility will occupy less than 50% of the existing parcel and was sited in a portion
of the property that is furthest from the Greeley -Weld County Airport. The applicant is proposing
fencing to separate the facility from the nearest single-family residence and the facility is located
approximately 1,300 feet or more from a County Road.
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."
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 2
This code section supports the installation of the solar facility, which is an energy development
The facility will provide power to be utilized by residences, businesses and farming operations in
Weld County
Section 23-3-40 R — Uses by special review, of the Weld County Code includes, "Medium scale
solar facility"
This code section allows the applicant to apply for the subject solar facility Per Section 23-1-90
of the Weld County Code, a "Medium scale solar facility" allows for "A facility for the production
of electrical energy from energy produced by the sun including solar energy collectors, power
generation facilities, facilities for storing and transforming energy, other appurtenant facilities and
any transmission lines under one hundred fifteen kilovolts (115 kV), which is developed for the
purpose of supplying or distributing electrical energy to users, a customer or customers and is
located on twenty (20) acres or more This designation shall not include roof and/or ground
mounted solar systems located on permitted pnncipal and accessory buildings and designed to
supply power to the principle use(s) on site " This facility is located on a forty (40) acre parcel and
qualifies as a Medium Scale Solar Facility
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 City of Greeley has annexed
the land directly to the south of the subject parcel and is occupied by the Greeley -Weld County
Airport The surrounding land uses consist of irrigated farmland, limited rural residences and
airport runways The closest residence is located on the Bird property and is approximately 200
feet southwest of the facility The next closest residence is approximately 1,500 feet southeast of
the facility There are several USRs within one (1) mile of the site, mostly located to the west
including USR-717 and USR-623 (oil and gas production facilities), 2MJUSR19-08-1660 and
USR13-0026, USR16-0016 (mineral resource development facilities), USR-1386 (bed and
breakfast), and SUP -343 (farm equipment sales and repair)
Weld County Department of Planning Services staff sent notice to sixty-one (61) surrounding
property owners within 500 feet of the proposed USR boundary No written correspondence or
telephone calls were received The majority of those who were notified have a minor ownership
interest in the Greeley -Weld County Airport, likely hanger space
Due to the rural surrounding land uses and significant distance from the facility to other improved
land uses, this facility appears to be compatible with the area -
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 located within the Town of Kersey Coordinated Planning Agreement (CPA) boundary
As part of the pre -application process, the Town returned a Notice of Inquiry form dated February
11, 2021 and they expressed no concerns and did not wish to annex the parcel
The site is located within the three (3) mile municipal referral radius of the City of Greeley and
Town of Kersey The Greeley referral from the Community Development Department, dated April
29, 2021, provided advisory comments Specifically, that this property is located within Greeley's
Long Range Expected Growth Area where urban development and annexation may occur and
that the Future Land Use Guidance Map identifies the subject site as an Employment, Industnal,
and Commercial Area As such, the proposed solar facility is in line with the planning
designations of this area Kersey did not return a referral response
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 3
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county
The proposed facility is located within a Special Flood Hazard Area and the Greeley -Weld
County Airport Overlay District The Weld County Department of Planning Services - Floodplain
Administrator, referral dated April 13, 2021, provided information regarding construction in the
floodplain along Sand Creek and items to be included as Development Standards Flood Hazard
Development Permit No FHDP21-0008 has been obtained for this facility The Greeley -Weld
County Airport Authority, referral dated April 13, 2021, requested that the applicant submit a FAA
Form 7460-1 (Notice of Proposed Construction) to determine if the solar facility will have any
effects on airspace and communications Additionally, a glare analysis was requested If it can be
demonstrated that no detrimental effects will occur or can be properly mitigated, the Airport
Authority would be in support of the solar facility The applicant indicated on April 13, 2021 that
both requested items would be produced
The proposed facility is not located within a Municipal Separate Storm Sewer System (MS4)
area, Geologic Hazard Overlay District or Historic Townsite Overlay District
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
I
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 facility is located on approximately twenty (20) acres designated as "Prime Farmland if
Irrigated" with well drained clay loam soils underlaid by gravelly sand and is comprised of
primarily 0-1% slopes The proposed use is temporary and soils will not be unduly removed from
the property After the lease period, the land can be returned to agricultural production The
portion of the parent parcel that is not encumbered by the USR will continue to be used for
agricultural production
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 The applicant shall address the referral comments of the Greeley -Weld County Airport Authority
regarding the completion of the requested documentation and the adequate review of potential
impacts to airspace, communications and glare, as stated in the referral response dated April 13,
2021 Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services (Department of Planning Services)
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 4
B The applicant shall acknowledge the advisory referral comments of the City of Greeley - Fire
Department regarding access road and gating design, as stated in the referral response dated
April 23, 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 acknowledge the advisory referral comments of the Colorado Division of
Water Resources regarding stormwater management, as stated in the referral response dated
May 4, 2021 Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services (Department of Planning Services)
D A Decommissioning and Reclamation Plan shall be submitted, per Section 23-4-1030 B , which
shall require the applicant to provide financial assurance to the County in the form of a surety
bond in an amount established by the Director of the Department of Planning Services, to ensure
proper decommissioning -of the facility Said surety bond shall name the Board of County
Commissioners of Weld County as beneficiary and be current and active at all times during the
life of the permit (Department of Planning Services)
E 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 Public Works)
F The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR21-0007 (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) The map shall delineate the landscaping and screening on the site, in accordance with
Section 23-4-1030 C of the Weld County Code (Department of Planning Services)
5) The map shall delineate the thirty -feet (30') setback from the boundary of adjacent
properties, irrigation ditches, and rights -of -way in which no equipment shall be located, in
accordance with Section 23-4-1030 G of the Weld County Code (Department of Planning
Services)
6) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, work trailers, conex 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)
7) Show and label the location of any fencing and gates Include specification details on the
USR map Refer to Section 23-2-240 A 10 of the Weld County Code (Department of
Planning Services)
8) Show and label the location of any emergency and site identification signage, if applicable
Include sign specification details on the USR map Refer to Section 23-2-240 A 12,
Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld
County Code Signs shall adhere to the Weld County unless otherwise permitted by this
USR (Department of Planning Services)
9) 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)
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 5
10) 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)
11) Show and label any Access and Utility easements including temporary construction
easements across adjacent parcels of land which are encumbered by access roads or
utility corridors Twenty (20) feet shall be the minimum easement width, thirty (30) is
preferred for easement corridors that have multiple uses The reception numbers and
recording dates shall be included (Department of Planning Services)
12) 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)
13) 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)
14) Show the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services - Floodplain)
15) This portion of County Road 62 is under the jurisdiction of the City of Greeley Please
contact the municipality to verify the right-of-way Show and label the right-of-way Show
the approved access(es) on the site plan and label with the approved access permit
number if applicable (Department of Public Works)
16) Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume
(Department of Public Works)
17) Show and label the drainage flow arrows (Department of Public Works)
18) 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 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 USR21-0007
CHARLES AND DEBRA BIRD, 0/O NAMASTE SOLAR ELECTRIC, INC
PAGE 6
5 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
B Any construction not included on FHDP21-0008 in the floodplain requires a floodplain permit
(Department of Planning Services - Floodplain)
6 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the City of Greeley Fire Department The plan shall be reviewed
on an annual basis by the, Facility operator, the Fire Department and the Weld County Office of
Emergency Management Submit evidence of acceptance to the Weld County Department of
Planning Services (Office of Emergency Management)
Motion seconded by Tom Cope
VOTE
For Passage
Tom Cope
Gene Stile
Lonnie Ford
Elijah Hatch
Skip Holland
Butch White
Against Passage Absent
Sam Gluck
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 June 15, 2021
Dated the 15th of June, 2021
Kristine Ranslem
Secretary
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Charles & Debra Bird
Namaste Solar Electric, Inc
USR21-0007
1 A Site Specific Development Plan and Use by Special Review, USR21-0007, for a Medium Scale
Solar 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 The facility is unmanned and will operate 24 hours per day, year round, according to the application
materials (Department of Planning Services)
4 The site shall be maintained in accordance with the accepted Property Maintenance Plan and
accepted Decommissioning and Reclamation Plan (Department of Planning Services)
5 No outdoor storage of any materials and equipment including, but not limited to, solar panels and
support structures not in operation will be allowed (Department of Planning Services)
6 No equipment associated with the solar facility shall be located within thirty (30) feet of the boundary
of adjacent properties, irrigation ditches and/or rights -of -way (Department of Planning Services)
7 The existing and proposed fencing shall be maintained (Department of Planning Services)
8 All signs shall adhere to Section 23-2-240 A 12, Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services)
9 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)
10 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives of the Fire
Department and the Weld County Office of Emergency Management to the Department of Planning
Services (Office of Emergency Management)
11 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1535E effective date January 20, 2016 (Sand Creek Floodplain)
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65
The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials (Department of
Planning Services - Floodplain)
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, CIO NAMASTE SOLAR ELECTRIC, INC
PAGE 8
12 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified (Department of Planning Services - Floodplain)
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 (Department of Public Works)
20 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 Public Works)
21 Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way (Department of Public Works)
22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
23 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
24 Weld County is not responsible for the maintenance of on -site drainage related features (Department
of Public Works)
25 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)
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 9
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 (Department of Planning Services)
27 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations
28 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
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 Chapter 23, Article II, Section 23-2-290 A states "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 Chapter 23, Article II, Section 23-2-290 B states "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 Chapter 23, Article II, Section 23-2-290 D states "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 "
33 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
RESOLUTION USR21-0007
CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC
PAGE 10
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
34 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
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
Tuesday, June 15, 2021
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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: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White.
Also Present: Michael Hall, Department of Planning Services; Lauren Light, Department of Health; Melissa
King, Department of Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR21-0007
APPLICANT: CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
PLANNER: MICHAEL HALL
REQUEST: A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2W2SE4 SECTION 34, T6N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62, APPROXIMATELY 0.25 MILES WEST
OF CR 45.
Michael Hall, Planning Services, presented Case USR21-0007, reading the recommendation and
comments into the record. Mr. Hall noted that that one email was received from an individual regarding the
potential impact to aircraft, however, after explaining the proposed project the individual had no further
comments. One phone call was received who had general questions about the process but did not express
any comments about the proposed USR itself.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards included in the draft resolution.
In response to Commissioner Holland's inquiry, Mr. Hall stated that the land is irrigated. Mr. Holland asked
how staff judges the comparison between what appears to have a conflict with putting in a solar facility or
taking this irrigated land out of production. Mr. Hall replied that one of the things staff looks at is irrigated
land and added that they want to encourage and promote that in Weld County to be retained as much as
possible. However, with or without a USR the property owner still has the ability to sever those water rights
from the property. In this case, the property owner indicated through the application materials that in the
future the water would remain on the property so that it could be restored to agriculture in the future. He
added that it comes down to the highest and best use of the property and the property owner's ability to
request a USR for a specific use on the property. If the proposed project meets the requirements of the
Weld County Code, the Planning Department will support the project.
Commissioner Holland said that this site is located in a designated flood area and asked what would happen
to the solar panels if this site would happen to flood. Mr. Hall said that the applicant can reply on the
technical aspect if the equipment had failures due to flooding. However, the applicant has already gone
through the Flood Hazard Development Permit Process and obtained approval to build in this area.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kyle Sundman, Namaste Solar Electric, Inc., 888 Federal Boulevard, Denver, Colorado, stated that they
are proposing a medium scale solar facility on approximately 15 acres that will produce energy for 20 to 30
years. He said that they go above and beyond with seed mix to decrease any effects from runoff from the
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solar panels He added that there will also be sheep grazing on site Mr Sundman stated that all these
panels are elevated off the ground about three (3) feet at full tilt He added that in the floodplain
consideration those panels have been lifted to the base flood elevation
Commissioner Ford asked if the landowners come to you or do you go to the landowners to select a site
Mr Sundman said that it vanes but in this instance, he believes Namaste Solar pursued this property owner
Mr Ford said that he also doesn't like to see good irrigated farmland being covered up with solar panels
and with so much sandy soil in Weld County it is not productive for farm use However, he understands
that all landowners have the nght to do what they want with their property Mr Sundman said that it is hard
to find a property that meets a laundry list of criteria needed He added that they go out and solicit but it
comes down to all those different criteria and the landowner having interest in utilizing their right to turn that
property into a host for a solar facility
Commissioner White asked what assurances the property owner has that the equipment will be removed
at the end of the life span Mr Sundman said that the lease agreement includes a decommissioning plan
and added that there is an economic benefit for someone to recycle the panels
Commissioner Hatch asked if there is a financial holding, that if Namaste doesn't exist in 20 years, that is
set aside to guarantee that decommission Mr Sundman said that whether or not Namaste is around in 20
years is irrelevant because the project company itself that is earning the cash flow from this project is around
for the duration and they are the ones who is obligated to the terms and conditions over the permit and of
the lease Mr Hatch asked if there is a monetary amount set aside to guarantee the decommission Mr
Sundman said that presently there is not a decommissioning bond, but it is a part of a conversation with
Weld County over the last 8 months Through conversations there has been an agreed upon calculation
which is the amount of financial assurance that they would post as the developer and it would be the salvage
value of the equipment less the cost to decommission He added that they are happy to do that calculation
Commissioner Holland asked why a detention basin is required if they are installing solar panels Ms King
said that the soil on this site is such that it would be naturally impervious and so it will not infiltrate the same
way Therefore, the solar farm guidance directs staff to have detention basins for the runoff so that they
don't cause a problem onto the neighbor's property Commissioner Holland said that he would like to have
a discussion with Staff about whether they should be considering, as Weld County continues to grow and
develop, the impacts of these kinds of activities on the impact of the water quality of the natural waterways
of Weld County He added that they should at least have an interface with the people from the Northern
Colorado Water Quality Advisory committee about this issue Ms King said that is a very astute point and
added that in County Code they do have water quality requirements that all detention ponds are subject to
Mr Holland said that major development over time will mean something to water quality and that impacts
all of the downstream
Commissioner Stifle asked how many panels are proposed on site and will there be any battery storage for
this site Mr Sundman said that there will never be batteries for this project, however, batteries are
becoming a more important piece of development of renewables in the future He added that there are
10,000 panels proposed on this site
Commissioner Gluck said that he hates to see irrigated farmland turned into solar as well
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Commissioner Cope said he is not crazy about irrigated farmland being used this way, however, he
understands that all it takes is for the farmer to say that the water rights are worth more and he will sell
them off so that can change in a heartbeat He likes the idea of using a second purpose for feed for sheep
and trying to keep the idea of agricultural
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
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Motion: Forward Case USR21-0007 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 Skip Holland, Seconded by Tom Cope
Vote: Motion passed (summary- Yes = 6, No = 1, Abstain = 0)
Yes Butch White, Elijah Hatch, Gene Stile, Lonnie Ford, Skip Holland, Tom Cope
No Sam Gluck
Meeting adjourned at 1 17 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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