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USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Michael Hall
Case Number: USR21-0007
Owner: Charles and Debra Bird
617 6th Street, Greeley, CO 80631
Applicant: Namaste Solar Electric, Inc. c/o Kyle Sundman
888 Federal Boulevard, Denver, CO 80204
Hearing Date: June 15, 2021
Request: A Site -Specific Development Plan and Use by Special Review Permit for a Medium Scale
Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Legal E2W2SE4 of Section 34, T6N, R65W, of the 6th P.M., Weld County, Colorado
Description:
Location: North of and adjacent to County Road 62, approximately 0.25 miles west of County Road 45
Acreage: Parcel boundary: +/- 39.5 acres Parcel No. 0803-34-0-00-024
Solar facility: +/- 20 acres
The criteria for review of this Special Review Permit is listed in Section 23-2-220 and Section 23-4-1030 of the
Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• City of Greeley - Fire Department, referral dated April 23, 2021
• West Greeley Conservation District referral dated May 10, 2021
• Colorado Division of Water Resources, referral dated May 4, 2021
• Greeley -Weld County Airport Authority, referral dated April 13, 2021
• Weld County Department of Public Works, referral dated April 21, 2021
• Weld County Office of Emergency Management, referral dated April 14, 2021
• City of Greeley - Community Development Department, referral dated May 4, 2021
• Weld County Department of Public Health and Environment, referral dated April 23, 2021
• Weld County Department of Planning Services - Floodplain Administrator, referral dated April 13, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Colorado Parks and Wildlife, referral dated May 10, 2021
• Weld County Sheriff's Office, referral dated April 19, 2021
• Weld County Zoning Compliance, referral dated April 13, 2021
• Weld County Oil and Gas Energy Department, referral dated April 15, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Kersey
• Weld County Assessor's Office
• Federal Aviation Administration
• North Weld County Water District
• Greeley -Evans School District RE -6
• Colorado Department of Transportation
• Weld County Department of Planning Services - Building Inspection
USR21-0007 - Bird
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CASE SUMMARY:
The applicant, Namaste Solar Electric, Inc., is requesting a Site Specific Development Plan and Use by
Special Review (USR) Permit for a Medium Scale Solar Facility outside of subdivisions and historic townsites
in the A (Agricultural) Zone District, known as the Longs Peak Community Solar Garden. The facility will be
owned by UXI County Road 8319 LLC. The capacity of the facility is approximately four (4) megawatts DC.
The facility will be located in the northern portion of an approximately forty (40) acre parcel, owned by
Charles and Debra Bird, within a twenty (20) acre executed leasehold area. The facility will be developed in
two phases, defined as northern and southern areas, and will have an overall fenced footprint of
approximately sixteen (16) acres, with roughly fourteen (14) acres encumbered by panels and equipment.
The facility is unmanned and no water or sewage disposal service is proposed. The life of the solar facility is
approximately thirty (30) years. Bottled water, handwashing units and portable toilets will be provided during
construction. Storage containers will be located on -site during construction and will be removed following
completion of the facility. Once in operation, the facility will produce energy during daylight hours and will be
visited on a limited basis for routine maintenance and inspection.
Proposed improvements include rack -mounted solar panels arrays in addition to pads that support
switchgear, meters, transformer, inverter, disconnects, and monitoring equipment. The maximum height of
the solar panels is ten (10) feet above the ground. Power will be conveyed to a proposed overhead power
line, directly northeast of the site, which will then extend east for approximately 0.25 miles to County Road
45 for connection to an existing powerline on the west side of the roadway. The site may be accessed west
from County Road 45 or north from County Road 62. If the access roadway and proposed overhead power
lines cross any other adjacent parcel of land besides the Bird parcel, an access and utility easement will be
required.
An eight -foot (8') tall decorative perimeter fence with six-inch (6") square galvanized metal mesh and timber
posts are proposed around the facility including a matching gate. No lighting or permanent structures are
proposed. Minimal emergency and site identification signage will be installed. The site is currently utilized for
agricultural production. When the facility is decommissioned, panels, racks and equipment will be removed
and the land will be reclaimed to the pre -development condition. The nature and location of this facility will
not unreasonably interfere with any irrigation systems on or adjacent to the solar facility and the disturbed
area may be irrigated in the future. The detention pond has been designed between the solar facility and the
existing on -site residence, to act as a buffering component. There are existing mature trees and vegetation
around the residence which assist with reducing the visual impact of the solar facility as viewed from the
residence. No additional landscaping or screening is proposed.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 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 [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.
USR21-0007 - Bird
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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."
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 principal 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.
USR21-0007 - Bird
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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, Industrial,
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.
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.
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.
USR21-0007 - Bird
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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 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)
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)
USR21-0007 - Bird
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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)
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)
USR21-0007 - Bird
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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)
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)
USR21-0007 - Bird
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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)
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)
USR21-0007 - Bird
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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)
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.
USR21-0007 - Bird
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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.
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.
USR21-0007 - Bird
Page 10 of 11
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, sand burs, 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.
USR21-0007 - Bird
Page 11 of 11
May 20, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
SUNDMAN KYLE
888 FEDERAL BLVD
DENVER, CO 80204
Subject: USR21-0007 - 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.
On parcel(s) of land described as:
E2W2SE4 SECTION 34, T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 15, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 30, 2021 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
Respedfu I ly,
I lic iael Ha
Planner
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