HomeMy WebLinkAbout20200157.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION U ' ti - ooLoo
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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 USR19-0065
APPLICANT: MICHAEL AND LINDA MCKEE . C/O OAK LEAF SOLAR 41 , LLC
PLANNER MAXWELL NADER
REQUEST A SITE-SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SUBDIVISION EXEMPTION SUBX19-0023: BEING A PART OF THE E2NE4
SECTION 24, T6N, R66W OF THE 6TH P M. , WELD COUNTY, COLORADO
LOCATION SOUTH OF AND ADJACENT TO STATE HIGHWAY 392 WEST OF
AND ADJACENT TO CR 37
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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 and any other
applicable code provisions or ordinance in effect.
Section 22-5- 130 states. "Due to the volatility of traditional energy resources, the County
supports and encourages development and use of alternative energy resources. Alternative
energy sources do not replace the traditional sources of energy: rather, expanding global
energy demands require a "new energy economy" that supports and enhances traditional
sources of energy. "
Solar energy is an alternative energy source to traditional energy resources. Solar energy can
help support traditional energy resources that can vary in demand, stabilizing the electric grid
or enhancing grid stability.
Section 22-5- 140 -- AE. Goal 1. states. "Support and encourage research, development and
use of alternative energy resources. "
The Comprehensive Plan supports the development and use of solar energy specifically.
Section 22-5- 140.A. 5 - AE. Policy 1. 5. states, -Support the development and use of solar
energy. "
The proposed development is a solar facility that powers the grid . Electricity is distributed
locally and not transferred via transmission lines out of the County.
Section 22-5- 160. - A. UR. Goal 1. states. "Support and encourage the use of natural and
other resources available in the County by the residents of the County. 1. UR. Policy 1. 1.
Support the development of power-generating facilities in the County that benefit the
residents of the County and employ the resources extracted, developed or available in the
County. "
The proposed development adds another power-generation facility in the County that benefits
the residents of the County. The proposed location of the facility positively affects the
residents because they are able to use this energy for their properties. farms. etc_ here in
Weld County. Furthermore, this proposed location of the solar facility is located directly
adjacent to overhead powerlines allowing this facility to easily connect to the existing grid.
B Section 23-2-220 A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE , CIO OAK LEAF SOLAR 41 . LLC
PAGE 2
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 proposal permits an energy development
and supports intent of Chapter 22 of the Weld County Code
Section 23-3-40. GG - Small scale solar facility, subject to the additional requirements of
Section 23-5- 1030 " Based on the Weld County Code, the use may be permitted by a USR in
the A (Agricultural) zone district. The small scale solar is a non-permanent and regulated use
of land and is consistent with Section 23-3- 10 as the use is more intense than a use by right.
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) USRs within one mile of this site. These USRs consist of two (2) oil and
gas production facilities. USR-995 and MUSR14-0011 . one ( 1 ) mineral resource
development facility. MUSR16-0008. one ( 1 ) drop/staging yard for tanks, pumps. etc. ,
USR13-0050 , two (2) AG service establishments. USR-764AM3 and USR- 1355, one (1 )
accessory structure. USR-634 , one ( 1 ) church, USR- 1492 . and one (1 ) personal training
facility. There are several more USRs outside of the one (1 ) mile radius of the site that
include more oil and gas production facilities, oil and gas support service facilities and AG
service establishments.
The Weld County Department of Planning Services sent notice to twenty (20) surrounding
property owners within five-hundred (500) feet. No correspondences were received back
from surrounding property owners regarding the proposed application. There were no emails
or phone calls received regarding the proposed application.
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 site is located within the three (3) mile referral area of the Town of Eaton and the City of
Greeley. The Town of Eaton did not return a referral. The City of Greeley had comments on
their referral dated. October 29. 2019, that included advisory comments related to the project
and location of the project.
The site is not located within any existing Intergovernmental Agreement Area (IGA) of a
municipality. The site is also not located in a Urban Growth Boundary (UGB) or Regional
Urbanization Area (RUA)
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. a Special Flood Hazard Area,
Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE . CIO OAK LEAF SOLAR 41 . LLC
PAGE 3
F . Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The parcel is located on soils designated as - Prime ( Irrigated) - Farmlands of National
Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Additionally. the submitted Custom Soil Resource Report further details the soils
located in the proposed location of the solar facility are considered "Prime farmland (if
irrigated)". However. the proposed use is temporary. and soils will not be disturbed or
removed from the property After the lease period, the land can be returned to 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). Solar Facility Standards (Section 23-4- 1030. 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 Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. The applicant shall attempt to address the requirements of the City of Greeley as stated in the
referral dated. November 19, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
B. A Road Maintenance Agreement is required at this location for construction. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul routes.
(Department of Public Works)
C . The applicant shall obtain and submit a recorded copy of any agreement necessary to access
the project site. The agreement shall be signed by all property owners whose property is
crossed to access the site. The access shall be for ingress. egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR19-0065 (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 . 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 lighting. if applicable. (Department of Planning Services)
6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV. Division 2
and Appendices 23-C , 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE C/O OAK LEAF SOLAR 41 LLC
PAGE 4
7 . The map shall delineate the thirty (30) foot 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)
8. County Road 37 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
9_ Show and label the approved access locations. approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction (Department of Public Works)
10. Show and label a minimum 30-foot wide access and utility easement to provide legal access to
the parcel on the plat. (Department of Public Works)
11 . Show and label the approved tracking control on the site plan . (Department of Public Works)
12 . Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed . In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
13 . Show and label the drainage flow arrows_ ( Department of Public Works)
14. 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 plat
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. Prior to Construction.
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one ( 1 ) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Public Works)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and
the map is recorded . Activity shall not occur. nor shall any building or electrical permits be issued on
the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE , 01O OAK LEAF SOLAR 41 . LLC
PAGE 5
(Department of Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I . Michelle Wall . Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado, adopted on January 7, 2019.
Dated the 7th of January, 2019
� •atia r f WL
Michelle Wall
Secretary
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE . CIO OAK LEAF SOLAR 41 LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Oak Leaf Solar 41 LLC
USR19-0065
1 . A Site Specific Development Plan and Use by Special Review Permit, USR19-0065 for a Small Scale
Solar Facility (2MW) 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. This is an unmanned facility (Department of Planning Services)
4. The site shall be maintained in accordance with the approved Property Maintenance Plan (Department
of Planning Services)
5. The site shall be maintained in accordance with then approved Decommissioning Plan. (Department of
Planning Services)
6. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. 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)
9. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the
boundary of adjacent properties. irrigation ditches and/or rights-of-way. ( Department of Planning
Services)
10. 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)
11 . 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)
12 . 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)
13. 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)
14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
RESOLUTION USR19-0065
MICHAEL AND LINDA MCKEE, C/O OAK LEAF SOLAR 41 . LLC
PAGE 7
the Weld County Code. (Department of Public Health and Environment)
16. 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)
17. 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)
18. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
19. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
20. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
21 . The historical flow patterns and runoff amounts on the site will be maintained, (Department of Public
Works)
22 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
23. Building permits may be required , per Section 29-3- 10 of the Weld County Code. Currently. the following
have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and
2017 National Electrical Code_ A Building Permit Application must be completed and two (2) complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required or an Open Hole Inspection (Department of Building Inspection)
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 with notice to the facility operator
and/or property owner 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.
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. 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 USR19-0065
MICHAEL AND LINDA MCKEE. C/O OAK LEAF SOLAR 41 . LLC
PAGE 8
Mineral resource locations are widespread throughout the County and person 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.
29. 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
s
?C \Y -te SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING S ` , —be ,5
111 2OZC Tuesday, January 7. 2020
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.
Michael Wailes. at 12: 30 pm.
Roll Call.
Present Michael Wailes, Bruce Johnson. Gene Stille. Lonnie Ford , Richard Beck, Elijah Hatch_ Skip
Holland.
Absent: Tom Cope.
Also Present: Angela Snyder and Maxwell Nader. Department of Planning Services: Lauren Light.
Department of Health; Mike McRoberts, Public Works: Bob Choate, County Attorney. and Michelle Wall ,
Secretary.
CASE NUMBER. USR19-0065
APPLICANT MICHAEL AND LINDA MCKEE, CiO OAK LEAF SOLAR 41 , LLC
PLANNER MAXWELL NADER
REQUEST A SITE-SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION SUBDIVISION EXEMPTION SUBX19-0023, BEING A PART OF THE E2NE4
SECTION 24 T6N, R66W OF THE 6TH P.M. . WELD COUNTY, COLORADO.
LOCATION SOUTH OF AND ADJACENT TO STATE HIGHWAY 392: WEST OF
AND ADJACENT TO CR 37.
Maxwell Nader, Planning Services, presented Case USR19-0065, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts. 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.
Mike McCabe. President of Oak Leaf Energy Partners. 2645 East 2"d Avenue, Suite 206. Denver. Colorado.
Mr. McCabe said that this project falls under the Xcel Energy's Community Solar Garden Program. The
electricity will generate to about 400 homes annually with power. The electricity will be utilized locally,
mainly in the Greeley area. Mr. McCabe said this is a 20-year project with the opportunity to extend an
additional 10 years.
Commissioner Johnson asked the applicant how many acres of land are involved in the project. Mr.
McCabe answered approximately 10 acres.
Commissioner Holland asked Mr. McCabe if the current use on the property is irrigated agriculture. Mr.
McCabe said it is zoned agriculture. Commissioner Holland said he understands the property is dry land,
but asked if there is a water right associated with the land. Mr. McCabe said the water rights were sold
about 3 years ago and that is why the property is dry land .
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR19-0065 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 Bruce Johnson. Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson , Elijah Hatch. Gene Stille, Lonnie Ford , Michael Wailes. Richard Beck, Skip Holland.
Commissioner Holland said he agreed the applicant meets the requirements of Section 23-2-220 of the
Weld County Code.
Meeting adjourned at 12: 54 pm.
Respectfully submitted,
41124:Cfritiged cDf
Michelle Wall
Secretary
ATTENDANCE RECORD
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