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Home My WebLink About20242745.tiffEXHIBIT Before the Weld County, Colorado, Planning Commission b 3 D 2 UsQat -OO a Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County Planning Commission. Case Number: Applicant: Planner: Request: Be it resolved by the Weld County Planning Commission that the application for: Legal Description: Location: USR24-0012 Janus Solar, LLC Chris Gathman A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres. a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities. and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) zone District. The Solar Facility encumbers the W2 NW1/4 of Section 30, Township 1 North, Range 62 West; and the SW1/4 of Section 24, the NE1/4, /4, the N1/2 SW1/4 of Section 25; Lot B of Corrected Recorded Exemption RECX11- 0028 located in part of the NW1 /4 of Section 25, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. East of and adjacent to County Road 71; 0.5 miles south of County Road 8; 0.75 miles west of County Road 75 Section Line; 0.25 miles north of County Road 4. 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 Chapter 21 of the Weld County Code. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 21-7-350. A of the Weld County Code, as follows: A. Section 21-7-350.C.1 - The health, welfare and safety of the citizens of the County will be protected and served. Janus Solar, LLC (Janus) is a 1041 Solar Energy Facility (SEF) on 700 -acres. The SEF will generate about 80 -megawatt AC (MWAC). The infrastructure includes racking equipment, underground collection lines, a 20 -megawatt AC (MWAC) Battery Energy Storage System (BESS), a step-up substation, transformer and maintenance facilities. and a 115kV interconnecting transmission line (approximately 0.2 miles in length) to connect to the existing Sand Creek Substation. The 700 -acres is generally located between County Road 71 and County Road 75 and between County Road 4 and County Road 8. This is a remote area of the County. There are five (5) affected properties that contribute to the 700 acres. No buildings are identified on these properties. There are multiple plugged and abandoned oil and gas wells on the site. Apart from the creek beds the topography is generally flat and, according to the application materials, the 700 acres consists of dryland agricultural row crops and rangeland. cultivated cropland, including sorghum and winter wheat. with a few homesteads. A single-family residence is located approximately 400 feet from the facility. The applicant intends to screen the solar panels from this residence along the northern and eastern property lines. Four (4) letters of support were submitted with the application materials. The adjacent properties are zoned A (Agricultural), and the land uses include pastures, crops and rural residences. Per Section 21-2-260 the Department of Planning Services sent notice to the surrounding property owners with 1,320 feet and the owners and lessees of the mineral estate on or under the parcels. In total thirty-six (36) owners were notified. The Department of Planning Services received eleven (11) letters of objection. The letters outline concerns about wildlife and the environment, the efficacy of the junipers used for screening, decrease in property values, aesthetics, "solar farm stigma", water runoff, leaching of hazardous materials, chemical spills, toxic material release, dust. noise and vibration. increase in the traffic noise from State Highway 79 due Resolution USR24-0012 Janus Solar, LLC Page 2 to crop removal, increased truck traffic during construction, glint & glare, heat effects (microclimate), electromagnetic interference, light pollution, conflicts with future land use plans, psychological effects including stress and anxiety, change in quality of life, lack of fencing, and sustainable farming The applicant held a neighborhood meeting at Weld Central High School on July 5, 2023 and met with eight (8) Surrounding Property Owners and met with a ninth (9th) Surrounding Property Owner one-on-one at a later date The Design Standards (Section 23-2-240), Operation Standards (Section 23-2-250), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County B Section 21-7-350 C 2 -- The natural and socio-economic environment of the County will be protected and enhanced The Socioeconomic Impact and Community Benefit Report (Report) provided with the application materials states that the positive socioeconomic impacts include employment opportunities during the short term (construction phase) as well as the long-term (operational phase) These opportunities consist of direct construction and maintenance jobs in addition to indirect effects such as supply chain purchases, construction in the form of grading, structural, and electrical installations, as well as local building materials like gravel and concrete which support industries in logistics and other professional services that are likely sourced locally Solar projects contribute to fortifying the local tax base through induced sales tax revenue and property taxes The solar market has exhibited substantial job growth from 2016 to 2021, outpacing the overall U S economy's job growth by a factor of five, amounting to a 44% increase Over the decade from 2009 to 2019, major technology corporations contracted extensive amounts of solar energy for their operations and creating job opportunities The solar industry features a diverse workforce The Report also states it is estimated that the Janus Solar Project, in combination with the Prospect Solar Project, will support 1,977 full-time equivalent, direct and indirect jobs, and produce nearly $13 million in projected property tax revenue Economic output during the twenty-four to thirty-six (24 to 36) -month construction phase is estimated to be $171,955,000 and $8,229,700 during the operating life of the Janus and Prospect Solar Projects During the construction period, the local economy may see a small influx of dollars and a small increase in sales tax revenue Additionally, the local economy will be stimulated through employment of Weld County's workforce For example, the non -local workers will use local hotels, motels, and other temporary housing, eat at local restaurants, and shop at local businesses C Section 21-7-350 C 3 -- AS reasonable alternatives to the proposed action, including use of existing rights -of -way and joint use of nghts-of-way wherever uses are compatible, have been adequately presented Janus is located on 700 -acres generally located between County Road 17 and County Road 75 and between County Road 2 and County Road 8 According to the application materials a larger land area was initially studied, and the 700 -acre final footprint was selected because it offered advantages to the community and overall environment while providing opportunities and circumstances favorable to Solar and BESS facilities, specifically 1) Ample undeveloped flat land, with the ability to accommodate various layouts of PV solar and the incorporation of appropriate setbacks 2) Existing transmission infrastructure less than 0 2 miles from the property 3) Augmenting, while sustaining for future landowners, current unsustainable primary land use as indicated by the landowners Resolution USR24-0012 Janus Solar, LLC Page 3 D Section 21-7-350 C 4 -- The proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area The applicant submitted an Environmental Conservation Measures report with the application materials incorporating the comments of the Colorado Parks and Wildlife (CPW) and the U -S Fish and Wildlife and it states, in part, that the final layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats Additionally, the application materials include an email, dated February 3, 2023, from U S Fish and Wildlife Service (Service) that states that, " the Service has reviewed your Janus solar project in Weld County and has no concerns with this project resulting in impacts to species listed as proposed, threatened, or endangered We appreciate your efforts to ensure the conservation of threatened and endangered species " A letter dated May 17, 2023, from Colorado Parks and Wildlife (CPW), was also submitted with the application materials and includes information about incorporating one or more north -south movement corridors for game, recommendations for conducting pre -construction nesting surveys, and requirements on fencing types Incorporation of a wildlife corridor and setbacks from sensitive habitat will minimize adverse effects to wildlife The US Department of Energy, the Environmental Protection Agency, the _US Fish and_Wildlife Service and the US Army Corps of Engineers did not submit a referral agency response Weld County Oil & Gas Energy Department (OGED) submitted referral agency comments dated June 18, 2024 indicating that there are no 1041 WOGLA Permits on the subject properties and two (2) plugged and abandoned oil and gas wells The Southeast Weld Conservation District's referral dated August 13, 2024 include recommendations that the applicant conserve natural resources through the implementation of a revegetation and soil conservation plan, including, but not limited to, pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil conservation measures Soil Type Farmland Classification Acres Ascalon sandy loam, 5 to 9 percentPrime slopes farmland if irrigated and the product of I (sod erodibility) x C (climate factor) does not38 exceed 60 7 Alcalon sandy loam, 3 to 5 percent slopes Prime farmland If irrigated and the product of I (sod erodibility) X C (climate factor) does not0 exceed 60 0 Haverson loam, 1 to 3 percent slopes Prime farmland if irrigated 38 3 Vona sandy loam, 3 to 5 percent slopes Not prime farmland - 0 1 Weld loam, 1 to 3 percent slopes, Prime farmland if Irrigated 846 7 The application materials state that utilization of local resources within Weld County will be minimal as Janus will not require services such as water, sewage, or emergency services at a level typical _ of other land uses in the area The Socioeconomic Impact and Community Benefit Report submitted with the application materials state that Janus will be a low water -use development and that none of the proposed site will be irrigated However, the applicant is proposing screening is the form of Rocky Mountain Juniper trees which -require, 15,125 -gallons of water per week during the first year of establishment, noting that the trees do not need to be watered during the winter Water for construction purposes, such as concrete foundations and dust control, is generally covered via off -site sources by a construction water provider and is appropriately sourced from municipal or private sources Resolution USR24-0012 Janus Solar, LLC Page 4 Finally, water will be required to clean the solar panels to maintain energy output The exact cleaning schedule is a function of precipitation, dust, and other particulate settling on the panels To minimize cleaning, the neighboring roads will be treated with GMCO CS products, ,a blend of liquid magnesium chloride and a complex sugar The product is for gravel road stabilization and dust control This GMCO CS reduce water consumption related to cleaning during the operation period Water for operational purposes would either be brought onsite or accessed via an appropriately permitted water source at the site The application estimated water needs for this project is 0 007 acre feet per year for the solar facility per the applicant The Division of Water Resources indicated in their referral response dated July 3, 2024 stated that a copy of well permit no 322682 was included in the referral material This permit was approved pursuant to CRS 37-90-105 for a well on a tract of land of 160 acres described as the SW1/4 of Section 24, Township 1 North, Section 63 West of the Sixth P M , Weld County Water from this well may be used for domestic purposes inside two (2) single family dwellings, and the watering of four (4) of the owner's own large non-commercial domestic animals (per single family dwelling), irrigation of 2,000 square -feet of lawn and garden and the watering of livestock on ,range and pasture As permitted, this well cannot be used for the proposed solar facility, unless the well is re - permitted to operate pursuant to a Determination of Water Rights and a Replacement Plan to be approved by the Groundwater Commission Sewage is not required on the site and portable toilets will be provided during construction E Section 21-7-350 C 5 -- A satisfactory program to mitigate and minimize adverse impacts has been presented, including decommissioning and reclamation The 700 -acres that comprise Janus are located in a remote area of the County There are sixteen (16) parcels within one -quarter (1/4) mile of the site and one (1) of these parcels contain at least one residence These residences are located east of County Road 71 and is within 400 feet of the SEF The application materials include a Decommissioning and Reclamation Plan and a Dust and Weed Mitigation Plan A siting analysis was performed in order to identify potential adverse impacts The siting analysis reviewed visual impacts, wildlife resources, sensitive soils, and wetlands and waterways Effects of dust and noise were also considered -in separate reports Visual impacts will -be addressed through the installation of landscaping screens The application materials included the following reports a Photosim Visual Impact Analysis, a Critical Issues Analysis, a Technical Memorandum for the Protected Species Report, a Dust and Weed Mitigation Plan, a Glare Study, a Socioeconomic and Community Benefit Report, a Wetland and Waterbody Delineation Report, an Environmental Conservation Measures Report, an Archaeology Class I File Search, along with a Decommissioning and Reclamation Plan i The visual impacts will be addressed through a Screening Plan The 1041 USR map depicts a triangular pattern of junipers between Janus and some of the surrounding property owners' properties The operator will ensure that any dead or dying trees will be replaced so that the screening will remain in place over the life of the project Additionally, a Development Standard has been added that states that the landscaping will be maintained and any plantings that are diseased or dying shall be replaced within the growing season or next calendar year whichever occurs sooner The operator will also water the trees for one (1) year to ensure they are established Wildlife habitat and endangered wildlife species will not be significantly impacted The subject properties provide low to moderate habitat for various federal and state listed species Setbacks and wildlife corridors have been established to preserve the natural resources and connect Resolution USR24-0012 Janus Solar, LLC Page 5 habitats The applicant corresponded with the U S Fish and Wildlife Service and the Colorado Parks and Wildlife (CPW) departments prior to submitting the application and it was determined that Janus will not interfere or disturb habitat for listed and existing species A 250 to 500 -foot wildlife corridor has been incorporated into the design plan Localized soil stripping will be required for the inverters, substation, and laydown yards This topsoil, along with the soil from the stormwater ponds, -will be stockpiled on site to form a four (4) tall, eight (8) wide, 5,235' long berm that will be placed on the north and west property boundary of the Jeffrey Erker property (Lot C of RE -4104 part of the SE4 of Section 30, T1 N, R62W) No soil stripping is planned under panels or at the screw pile locations, unless required to smooth out localized knolls and depressions, or to facilitate appropriate stormwater runoff Native plant seeding will be incorporated between and around the solar arrays to restore the appearance of the site and to promote the return of native species and pollinators Drainage and vegetation will be preserved and promoted throughout the site, with the location of the solar arrays to be built around the existing Sand Creek and West Sand Creek Southeast Weld Conservation District returned a referral dated August 13, 2024, requesting a revegetation plan after construction, and to manage soil erosion during construction Noise and disruption related to construction include pile driving at 89 - 95db(A) and equipment backup beeping (reverse warning sounds) of 97-112 dBs(A) This noise will be temporary in nature and is not anticipated to exceed maximum levels at the property boundary_ for construction activities Additionally, the transformers, inverters and fans on the BESS create a humming noise that may be noticeable to nearby residents or wildlife It is anticipated that this noise will not exceed the noise regulations as set forth by Weld County Any debris produced during construction will be promptly removed and disposed of properly by the construction contractor The Glint and Glare Analysis was submitted with the application materials The analysis was reviewed the effects of the solar energy facility on nearby residences and on a privately owned landing strip near the site Worst -case scenario parameters were used for a conservative estimate Findings show that with appropriate system settings, it is unlikely that glare from the proposed solar project will be problematic in any manner for the surrounding area and that this 1041 Solar Energy Facility would pass the Federal Aviation Administration's 2021 policy regarding glint and glare effects to commercial airports A security fence will be constructed around the perimeter of the Project to prevent the public from entering the area The Decommissioning Plan states that the site will be returned to pre-existing conditions within twelve (12) months of operation cessation Monitoring and site restoration may extend beyond this period to ensure successful revegetation and rehabilitation - - F Section 21-7-350 C 6 -- The nature and location or expansion of the facility complies with all applicable provisions of the master plan of -this County and service areas, and other apphcable regional, metropolitan, state and national plans Janus is generally located between County Road 71 and County Road 75 and between County Road 2 and County Road 8 The site is not within a Coordinate Planning Agreement area (CPA) or a three (3) mile referral area for any municipality _ _ The first responders and/or emergency services that are affected with this proposal include the Sheriffs Department and the Southeast Weld Fire Protection District The Weld County Sheriffs Office submitted a referral agency response dated July 3, 2024, stating that they have no concerns The Southeast Weld Fire Protection District, stated in their referral e-mail dated June 12, 2024, that the applicant will need to go through Plan review/fees and prior to and during construction Resolution USR24-0012 Janus Solar, LLC Page 6 Construction of the Janus will occur during daylight hours over the twenty-four to thirty-six (24 to 36) -month construction period If construction activities continue past daylight, nighttime lighting would be temporary and shielded The application materials estimate that there will be 300 workers at the project site and a possible additional 150 workers in case there are issues with the supply chain, th need to improve the construction schedule, or multiple activities are happening at the same time that may require an increase in workforce The' additional 150 workers may be needed for a short time Construction will occur between the hours of 6 30 am to 3 30 pm Monday through Saturday The traffic narrative states that there will be three hundred (300) daily trips of passenger vehicles, fifteen (15) daily water trucks, and fifteen (15) daily trips of heavy-duty trucks This volume of daily traffic of 660 trips are expected to be the highest volume generated during construction of the solar facility The application materials also state that it is believed that trips generated by the construction of the Prospect and Janus projects will not have major impacts on the transportation patterns or the roads in the area of the project site The application materials also state that it is believed that trips generated by the construction of the Prospect and Janus projects will not have major impacts on the transportation patterns or the roads in the area of the project site During normal operation, the solar field and substation may be accessed monthly by 1-2 workers to conduct routine inspections or maintenance These inspections may occur over a few days There will be no permanent cargo containers, with the exception of the O&M container, which will be installed in the project substation area G Section 21-7-350 C 7 -- The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services, nor will it create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners The government services significantly affected with this proposal include, but are not limited to, first responders and/or emergency services including the Sheriff's Department and the Southeast Weld Fire Protection District The Weld County Sheriffs Office submitted a referral agency response dated June 11, 2024, stating that they have no concerns The Southeast Weld Fire Protection District, stated in their referral e-mail dated June 12, 2024, that the applicant will need to go through Plan review/fees and prior to and during construction The application materials include an email summary, date July 6, 2023, that outlines a discussion between the Southeast Weld Fire Protection District (District) and the applicant The District stated that a water tank on the projects site which can be used by the Fire District in the area would be very helpful and that the applicant should determine how much water is needed for the projects and then work out as much there is left available for the fire department to use based on the size of the tank The District also stated that the fire department shall be allowed to enter at any time using a Knox -box key to open the gates and that the project layout must respect the fire code spacing regulations to allow enough space for fire trucks to turn The District requested a dust and weed mitigation plan which has been included in the application materials The District submitted referral agency comments dated June 11, 2024, stating that the applicant will be required to go through the District process of plan review, fees, and inspections prior and during construction The Weld County School District RE -3J did not return a referral response H Section 21-7-350 C 8 -- The nature and location of the facility or expansion will not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims or roads The application materials state that Janus is not anticipated to unduly interfere with existing, canals, mineral interests, easements, ROWs, or other utilities Canals and other irrigation channels will be Resolution USR24-0012 Janus Solar, LLC Page 7 considered with construction phase of Janus and that the irrigation pathways and ditches have been marked and planned around within the site plan The structures and channels will be preserved on the property for possible future use of agriculture following the decommissioning of the project Additionally, according to the State of Colorado Energy and Carbon Management Commission (ECMC) maps seven (7) well bore permits have been filed on the site Janus is sited to avoid existing oil and gas facilities and pipelines, surface use agreements, and reasonably accommodates mineral access through appropriate setbacks that have been incorporated into project design The location of the SEF is in a low oil and gas producing area in the County and all the wells on properties have expired and there are no reports of production to the ECMC Mineral estate owners were identified through a list provided by the Weld County Clerk and Recorder The applicant is communicating with these owners to obtain Surface Use Agreements and will incorporate mineral access locations in the USR map as needed The mineral owners were notified of the public hearing for this 1041 The Development Review referral agency comments dated July 9, 2024, state that it is noted that the existing CR 71 right-of-way and the proposed site plan overlap Specifically, the site plan includes development within the right-of-way Review the site plan and revise Janus will maintain minimal impact on usage of utilities during construction A step-up substation and a 115 kV connection to the sand creek substation are a part of the Janus Solar Energy Facility (SEF) Section 21-7-350 C 9 -- Adequate utihties exist or shall be developed to service the site, as necessary Janus' demand for utilities is low and the step-up substation and transformer will be constructed as part of the Janus Solar Energy Facility (SEF) The Project will connect directly to the Sand Creek 115 kilovolt (kV) Switching Station via a short (0 2 mile) 115 kV Generation Tie Line Bottled water will be used during construction and Janus will have no impacts on vested water rights Portable toilets are required the construction phase State of Colorado Division of Water Resources returned a referral dated July 3, 2024 According to the information provided the water needs for this project is 0 007 acre- feet/acre/year for the solar facility In addition, water will be used for dust control during constructions, fire control and Panel Washing and Maintenance Estimates on the water demands for the other uses were not provided Also, it is indicated that the Applicant has secured sufficient water resources from a private water service provider and the water for dust control may be supplied by outside service companies as part of their spray mix system Information on the water source was not provided therefore we have no comments on this project J Section 21-7-350 C 10 -- The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or histonc landmark within the impact area Janus is characterized as a utility -scale Solar Energy Facility (SEF) on 700 -acres The infrastructure required includes racking equipment, underground collection lines, a 20 -megawatt AC (MWAC) Battery Energy Storage System (BESS), a step-up substation, transformer and maintenance facilities, and a 115kV interconnecting transmission line to connect to a Sand Creek Substation Janus' location, generally between County Road 71 and County Road 75 and between County Road 2 and County Road 8, is a remote area There are two (2) USRs within one (1) mile of the exterior boundary of the SEF USR-1186 for 115 kV transmission lines, SUP -483 (USR-483) for a Resolution USR24-0012 Janus Solar, LLC Page 8 gravel mine, and USR12-0039 for agricultural services The adjacent land uses include pastures, crops, vacant land, and some rural residences Linear infrastructure includes a and local, primarily gravel, roads, Sand Creek, and associated unnamed tributaries travel through the subject properties Permanent removal of the topsoil will be required for the inverters, substation, and laydown yards Impacts to native vegetation around the site are expected to be minimal Southeast Weld Conservation District returned a referral dated August 13, 2024, requesting a revegetation plan after construction, and to manage soil erosion during construction The Colorado Parks and Wildlife (CPW) submitted referral agency comments dated June 18, 2024, that included information about incorporating one or more north -south movement corridors for game, recommendations for conducting pre -construction nesting surveys, and requirements on fencing types The application materials included letters from both CPW and U S Fish and Wildlife (FWS) The applicant submitted an Environmental Conservation Measures report with the application materials incorporating the comments of CPW and the FWS and it states, in part, that the final layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats The US Department of Energy, the Environmental Protection Agency, the US Fish and Wildlife Service, the US Army Corps of Engineers, and History Colorado, the State Historic Preservation Office did not submit referral agency comments K Section 21-7-350 C 11 -- The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion There are no significant geologic hazards or geologic areas of importance The Colorado Geologic Survey did not return a referral agency response The prevalent natural hazard is flooding from Sand Creek and associated unnamed tributaries that travel through the Janus SEF, south towards Adams County These creeks are usually dry however, at times, they have significant flows and high-water during storms evidence by scoured creek beds and a large box culvert installed by the Colorado Department of Transportation (CDOT) under State Highway 79 Two of the subject parcels are traversed by theses creeks The referral agency comments from the Floodplain Administrator; dated July 1, 2024, state that although FEMA has not mapped the floodplains in this area it is evident that portions of the 700 acres are in the floodplain and a Flood Hazard Development Permit is required prior to construction Apart from the creek beds the topography is gently rolling (somewhat flat) and, according to the application materials, there is no irrigated prime land on site There are five (5) total properties that contribute to the 700 acres and there is only one built structure, an equipment building According to the application materials, localized soil stripping will be required for the inverters, substation, and laydown yards This topsoil, along with the soil from the stormwater ponds, will be stockpiled on site to form a berm located on the boundary with (part of the W2 Section 30, Ti N, R62W (PN 147930000001) No soil stripping is planned under panels or at the screw pile locations, unless required to smooth out localized knolls and depressions, or to facilitate appropriate stormwater runoff Drainage and vegetation will be preserved and promoted throughout the site, with site plans built around the existing Sand Creek and West Sand Creek Southeast Weld Conservation District returned a referral dated August 13, 2024, requesting a_ revegetation plan after construction, and to manage soil erosion during construction L Section 21-7-350 C 12 -- The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels The Weld County Floodplain Coordinator on or in unmapped unstudied 100 -year floodplain of Sand Creek, Lost Creek and associated unnamed tributaries travel through the Janus SEF towards the Resolution USR24-0012 Janus Solar, LLC Page 9 south These creeks are usually dry however, during storms events, they have significant flows and high-water evidence by scoured creek beds and a large box culvert installed by the Colorado Department of Transportation (CDOT) under State Highway 79 The southern limit of the study areas does not imply that there is no 100 -year floodplain to the south, but only that no additional studies in this area have been completed Based on the nature of the proposed facility (i e a critical facility by definition in Sec 23-1-90) and based on the potential for 100 -year flooding in this area, a floodplain hazard development permit is required - - The US Army Corps of Engineers did not submit a referral agency response Janus will not impact hydrologic flow of surface water or groundwater, and it will not affect groundwater recharge Prior to construction, a Storm Water Permit for Construction Activities would be acquired from the Colorado Department of Public Health and Environment (CDPHE) Janus will include setbacks per state mandates for all wells, active or abandoned, to ensure no contamination or impacts to surface waterways or ground water No discharge of contaminants or other materials will occur to state waters as a result of this Project M Section 21-7-350 C 13 -- The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area Sand Creek and associated unnamed tributaries travel through the Janus SEF, south towards Adams County Janus's configuration will avoid these stream beds and any Waters of the United States (WOTUS), and the final layout of the solar arrays will avoid wetlands, waterways, and sensitive species habitats N Section 21-7-350 C 14 -- The benefits of the proposed developments over the life of the project outweigh the temporary losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development The 700 -acres is generally located between County Road 71 and County Road 75 and between County Road 4 and County Road 8 This is a remote area of the County There are five (5) affected properties that contribute to the 700 acres and there Apart from the creek beds the topography is generally flat and, according to the application materials, the 700 acres consist of cultivated cropland, including sorghum and winter wheat, with a few homesteads Four (4) letters of support were submitted with the application materials The Southeast Weld Conservation District's referral dated August 13, 2024, include recommendations that the applicant conserve natural resources through the implementation of a revegetation and soil conservation plan, including, but not limited to, pre -planting grass seed, installing hedgerows or windbreaks, and practicing soil conservation measures Grasses and other low -growth species will be seeded beneath the panels to reduce soil erosion, - and the weeds will be managed The loss of natural resources will be negligible, and, at the time of decommissioning, the land will be restored to its previous condition for future uses Janus reduces the negative impacts by avoiding sensitive environmental areas like the creek beds and it does not produce hazardous waste Weeds will be managed by the following methods - 1) Planting native or desirable plant species for site colonization and promoting healthy vegetation communities in reclaimed areas Preventing unnecessary ground disturbance through precise planning of construction projects and other activities Managing the prompt revegetation of disturbed areas 2) Mowing, pulling, disking, and plowing may be used on weedy species for which these treatments are effective Resolution USR24-0012 Janus Solar, LLC Page 10 3) Introduce insects or other biologic agents which are known to inhibitor prevent reproduction of noxious weed species If biological agents are employed, control methods will be coordinated with the Colorado Department of Agricultural Insectary in Palisade, Colorado 4) Application of appropriate herbicides by a licensed applicator All herbicides will be applied in accordance with the manufacturer's label and in accordance with Colorado laws Janus will produce alternative energy that will help the state and local communities achieve Colorado energy goals Additionally, as previously stated, the positive socioeconomic impacts include employment opportunities during the short term (construction phase) as well as the long- term (operational phase) These opportunities consist of direct construction and maintenance jobs in addition to indirect effects such as supply chain purchases, construction in the form of grading, structural, and electrical installations, as well as local building materials like gravel and concrete which support industries in logistics and other professional services that are likely sourced locally Janus requires minimal governmental services, and the installation of the SEF will supplement landowner income O Section 21-7-350 C 15 -- The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral access rights and easements for drainage, utilities, access, etc If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County According to the application materials the necessary lease agreements have been obtained and recorded with the Weld County Clerk and Recorder Janus will obtain building permits after this USR is recorded Janus is in the process of obtaining the necessary ditch agreements and County Road ROW access permits There are a large variety of permits that are required prior to construction and operation Some of these permits are a Weld County grading permit, a Weld County right-of-way permit, Air Pollutant Emissions Notice, dust control permit, Colorado Department of Public Health and Environment (CDPHE) Colorado Discharge Permit System (CDPS) permit, Colorado Department of Transportation (CDOT) permits, overweight vehicle permits and U S Environmental Protection Agency (USEPA) Spill Prevention, Containment, and Countermeasures (SPCC), Plan The Janus Solar Facility will avoid the Waters of the United States (WOTUS) P Section 21-7-350 C 16 -- The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area The application materials stated that Janus will not present an unreasonable risk of exposure to or release of toxic or hazardous substances The solar modules are composed solely of solid materials, contain no cadmium, and a small amount of lead that is well under Federal limits and much leas than is found in a typical cell phone During operation, maintenance will generally include only inert substances such as water for washing the panels No fuel or raw materials will be stored onsite during operations During construction, fuel, raw materials, equipment, and related items will be maintained per a Spill Prevention, Control, and Countermeasures (SPCC) Plan The contractor will prepare and adhere to the SPCC Plan to ensure that petroleum products and hazardous materials are managed appropriately Compliance with US Environmental Protection Agency (USEPA) Resource Conservation and Recovery Act (RCRA) laws governing the proper management of solid and hazardous waste will be closely followed for all waste disposals The SPCC Plan will ensure that liquids and gases used in construction will be contained and managed in accordance with county, state, and federal requirements The Project will also include the construction of a Battery Energy Storage System (BESS) The BESS is lithium ion based and is designed to meet the recommendations and requirements from Resolution USR24-0012 Janus Solar, LLC Page 11 local authorities (i e , Southeast Weld Fire District) in regard to fire, safety, and noise The project and battery supplier will comply with USEPA regional chemical reporting requirements for batteries and hazardous materials The Weld County Office of Emergency Management (OEM) submitted referral agency comments, dated September 9, 2024, stating that the Janus Solar LLC is required to provide adequate training for first responders on the BESS units The applicant will need to work closely with Chief Beach of the Southeast Weld Fire Protection District (SEWFPD) to ensure this training occurs 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 Prior to recording the 1041 USR map A The applicant shall acknowledge the comments of the Southeast Weld Fire Protection District (SEWFPD), as stated in the referral response dated June 11, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) B The applicant shall address the requirements of the State of Colorado Division of Water Resources, as stated in the referral response dated July 3, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) C The applicant shall address the requirements of the Western Area Power Administration (WAPA), as stated in the referral response dated June 13, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) D The applicant shall address the requirements of the Southeast Weld Conservation District, as stated in the referral response dated August 13, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) E The applicant shall address the requirements of Tn-State, as stated in the referral response dated June 24, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall provide written evidence of a permitted and viable water sources for dust suppression and for fire tank waters associated with the fire suppression system (Department of Planning Services) G The applicant shall submit an irrigation and maintenance plan detailing how landscaping will be irrigated during initial planting and how landscaping will be maintained going forward (Department of Planning Services) - - H An Improvements and Road Maintenance Agreement is required for up -front off -site improvements for this site Road maintenance includes, but is not limited to, dust control and damage repair to specified haul -routes The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements (Development Review) I A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) J A Final Traffic Study, stamped and signed by a Professional Engineer registered in the State of Colorado, is required (Development Review) K The 1041 USR map shall be amended to delineate the following Resolution USR24-0012 Janus Solar, LLC Page 12 1 All sheets of the map shall be labeled USR24-0012 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 21-7-330 B of the Weld County Code (Department of Planning Services) 4 Show and label the required setbacks, in accordance with Section 23-4-1030 C 3 of the Weld County Code (Department of Planning Services) 5 Show and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to five (5) per Section 23-3-30 B of the Weld County Code), storage areas and miscellaneous improvements, as applicable Clearly indicate which items are temporary for use during construction and which items are permanent (Department of Planning Services) 6 Show and label the required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240 A 12 and Section 23-4-1030 C 6 of the Weld County Code Include fence and sign specification details on the map Refer to the Weld County Sign Code, as amended (Department of Planning Services) 7 Show and label the location of the trash collection areas, if applicable Include specification details on the USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design criteria (Department of Planning Services) 8 The map shall delineate the landscaping/screening that will be located on the north and west side of parcel #147725200005 (Department of Planning Services) 9 Show and label the accepted Screening Plan (Department of Planning Services) 10 The applicant shall delineate on the map the trash collection areas specific to the temporary construction laydown and staging areas Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 11 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 12 Show and label any onsite 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) 13 County Road 4 (east of County Road 73) is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the USR map the existing right-of-way (along with the creating documents) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 14 South of County Road 8 for approximately 7,200 feet, County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right -of- way at full buildout The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of- way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) Resolution USR24-0012 Janus Solar, LLC Page 13 15 County Road 4 (west of County Road 73) is unmaintained section line right-of-way per the Weld County GIS right-of-way map The applicant shall verify and delineate the existing right- of-way on the USR map Show and label the section line Right -of -Way as "COUNTY ROAD 4 Section Line Right -Of -Way, Not County Maintained " All setbacks shall be measured from the edge of right -of- way (Development Review) 16 South of the maintained 7,200 feet, County Road 71 is unmaintained section line right-of-way per the Weld County GIS right-of-way map The applicant shall verify and delineate the existing right- of -way on the USR map Show and label the section line Right -of -Way as "COUNTY ROAD 71 Section Line Right -Of -Way, Not County Maintained " All setbacks shall be measured from the edge of right-of-way (Development Review) 17 Show and label the proposed access location(s), access width and the appropriate turning radii (65') on the USR map Development Review will review proposed access locations during the USR map review The applicant must obtain an access permit in the approved location(s) prior to construction (Development Review) 18 Show and label the approved tracking control on the USR map (Development Review) 19 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 (Development Review) 20 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 water quality and detention volumes (Development Review) 21 Show and label the drainage flow arrows (Development Review) 22 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 23 Show the floodplain and floodway (if applicable) boundaries on the site map Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study (Development Review - Floodplain) 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 paper map along with all other documentation required as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The paper map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period (Department of Planning Services) 4 Prior to Construction A A Right-of-way Use Permit shall be acquired, if applicable (Development Review) B The approved accesses shall be permitted and constructed, and the tracking control shall be constructed prior to on -site construction (Development Review) Resolution USR24-0012 Janus Solar, LLC Page 14 C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) D The applicant shall obtain a Floodplain Development Permit (Department of Planning Services Floodplain Administrator) E Should construction operations require temporary fuel tanks for vehicles and -equipment, the applicant shall provide written evidence that the fuel tanks are appropriately permitted through the Colorado Department of Labor and Employment, Division of Oil and Public Safety Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall address the requirements of the Weld County Office of Emergency Management as stated in their referral response dated September 9, 2024 Written evidence of such shall be provided to the Department of Planning Services (Office of Emergency Management) 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 (Department of Planning Services) Motion seconded by Michael Biwer VOTE For Passage Butch White Michael Wailes Virginia Guderjahn Barney Hammond Michael Boer Cindy Beemer Against Passage Absent Pamela Edens Michael Palizzi The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings Certification of Coon I, Kristine Ranslem I, 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 October 1, 2024 Dated the 1O of October, 2024 45\iehm,Arwtem: Kristine Ranslem Secretary Resolution USR24-0012 Janus Solar, LLC Page 15 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Janus Solar, LLC USR24-0012 1 A Site Specific Development Plan and Use by Special Review Permit, for a 1041 Major Facility of a Public Utility, USR24-0012, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone District (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 property owner or operator shall provide written evidence of an approved Emergency Response Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 4 The property owner or operator shall maintain compliance with the Emergency Response Plan (Department of Planning Services) 5 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 6 The facility is unmanned and will operate year-round, according to the application materials Limited maintenance personnel may visit the site once operational (Department of Planning Services) 7 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation per Section 23-4-1030 C 1 of the Weld County Code, as amended (Department of Planning Services) 8 Glare A SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day per Section 23-4-1030 C 2 of the Weld County Code, as amended (Department of Planning Services) 9 Setbacks The Improved Area of the SEF shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030 C 3 of the Weld County Code, as amended (Department of Planning Services) 10 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 11 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and Resolution USR24-0012 Janus Solar, LLC Page 16 circuit voltages greater than 34 5 kilovolts (where necessary) per Section 23-4-1030 C 5 of the Weld County Code, as amended (Department of Planning Services) 12 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan shown heron Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein per Section 23-4-1030 C 6 of the Weld County Code All signs shall adhere to the - - adopted Weld County Sign Code, as amended (Department of Planning Services) - 13 Stormwater management- The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground - mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) per Section 23-4-1030 C 7 of the Weld County Code, as amended (Department of Planning Services) 14 Access permit Prior to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Planning, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030 C 8 of the Weld County Code, as amended (Department of Planning Services) 15 Existing irrigation systems The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030 C 9 of the Weld County Code, as amended (Department of Planning Services) 16 Decommissioning The site shall adhere to the accepted Decommissioning and Reclamation Plan Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation (Department of Planning Services) 17 The site shall be maintained in accordance with the accepted Property Maintenance Plan (Department of Planning Services) 18 All signs shall adhere to Chapter 23, -Article IV, Division 2 of the Weld County Code (Department of Planning Services) 19 Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent right-of-way Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced_ within the growing season or next calendar year whichever occurs sooner (Department of Planning Services) -20 The property -owner or,operator-shall-be responsible for -controlling noxious weeds on the site,- pursuant - - to Chapter 15, Article I and II, of the Weld County Code (Development Review) - 21 -The accesses to the site shall be maintained -to mitigate any impacts to_the public road, including damages and/or off -site tracking (Development Review) - - - ,22 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized _ (Development Review) _ - -- - - - _ 23 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 (Development Review) 24 The Property Owner shall_comply with all requirements provided in the executed Improvements and Road Maintenance Agreement (Development Review) - Resolution USR24-0012 Janus Solar, LLC Page 17 25 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 26 Access may be along unmaintained County right-of-way Maintenance of such right-of-way will not be the responsibility of Weld County (Development Review) 27 The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff (Development Review) 28 Weld County is not responsible for the maintenance of on -site drainage related features (Development Review) 29 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) 30 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) 31 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) 32 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 33 The facility shall comply with the Air Pollution Emission Notice (A P E N ) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 34 Any On -site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public Health and Environment) 35 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as necessary (Department of Public Health and Environment) 36 For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site, portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and ,Environment Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way (Department of Public Health and Environment) 37 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) 38 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 Maps 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 Resolution USR24-0012 Janus Solar, LLC Page 18 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 (Development Review - Floodplain) 39 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 (Development Review - Floodplain) 40 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map 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) 41 Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County 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 A building permit must be issued prior to the start of construction (Department of Building Inspection) 42 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 43 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 44 Construction office trailers and storage trailers and electrical services to the trailers are subject to building permits per Section 29-3-10 of the Weld County Code (Department of Building Inspection) 45 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) 46 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 (Department of Planning Services) 47 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 (Department of Planning Services) 48 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 Resolution USR24-0012 Janus Solar, LLC Page 19 Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant (Department of Planning Services) 49 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 applicant 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 applicant, or when the Department of Planning Services observes that the Use may have been terminated, the Planner shall send certified written notice to the applicant asking that the applicant request to vacate the Use by Special Review Permit (Department of Planning Services) - 50 In such cases where the Use by Special Review has terminated but the applicant 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 applicant an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown The applicant 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 (Department of Planning Services) 51 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 (Department of Planning Services) Summary of the Weld County Planning Commission Meeting Tuesday, October 1, 2024 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 Butch White, at 1:30 p.m. Roll Call. Present. Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy Beemer. Absent: Pamela Edens, Michael Palizzi. Also Present: Chris Gathman and Diana Aungst, Department of Planning Services. Lauren Light. Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0012 Janus Solar. LLC Chris Gathman A Site Specific Development Plan and Use by Special Review Permit for a 1041 Major Facility of a Public Utility including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities. and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) zone District The Solar Facility encumbers the W2 NW1/4 of Section 30, Township 1 North, Range 62 West; and the SW1/4 of Section 24, the NE1/4, 1 /4, the N1/2 SW1/4 of Section 25; Lot B of Corrected Recorded Exemption RECX11-0028 located in part of the NW1/4 of Section 25, Township 1 North, Range 63 West of the 6th P M., Weld County. Colorado. East of and adjacent to County Road 71; 0.5 miles south of County Road 8; 0.75 miles west of County Road 75 Section Line; 0.25 miles north of County Road 4. Chris Gathman, Planning Services, presented Case USR24-0012, reading the recommendation and comments into the record. Mr. Gathman stated that the nearest residence is approximately 500 feet from the boundary of the facility. He added that the applicants have stated that the nearest panels will be more than 500 feet from the nearest residence and are also proposing screening. Mr. Gathman stated that during the 24 -to -36 -month construction period there will be 300 to 450 workers at the site. A security fence would be installed around the perimeter of the project. Mr. Gathman noted that the Janus solar project is north of and adjacent to the Prospect solar project A Decommissioning and Reclamation Plan along with a cost estimate was submitted with the application materials An Emergency Response Plan was also submitted and the Office of Emergency Management is currently reviewing this plan and requesting revisions. A siting analysis was performed in order to identify potential adverse impacts. The siting analysis reviewed visual impacts, wildlife resources, sensitive soils, and wetlands and waterways. Effects of dust and noise were also considered in separate reports. Visual impacts will be addressed through the installation of landscape screens. Mr. Gathman noted that property owners within 1320 feet were notified of the proposed project. Staff has received four (4) letters of support and 11 letters of objection. The letters outline concerns about wildlife and the environment, property values, aesthetics and solar farm stigma, water runoff, leaching of hazardous materials, chemical spills, toxic material release, dust, noise, vibration, increase truck traffic during construction, glint and glare, heat affects, electromagnetic interference, light pollution, conflicts with future land use plans, change in quality of life and sustainability farming. The applicants did conduct public outreach which included individual neighbor meetings and a neighborhood open house meeting. The Open House meeting was held on July 5, 2023 where eight (8) surrounding property owners attended and 1 expressed their concerns with the application Mr Gathman said that the submittal to -the County includes mitigation actions for aesthetics, wildlife, soils, dust, noise and wetlands and waterways The Department of Planning Services recommends approval of this application along with conditions of approval and development standards Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan She added that an Air Pollutant Emissions Notice (APEN) will be required and weed control would consist of mechanical methods, such as moving Noise modeling was not included in this,application so this facility would comply with Section 14 of the Weld County Code and would be'regulated under the agricultural noise levels of 55 decibels during the day and night Ms Light noted that if Staff would receive a noise complaint, then it would be measured at the boundary of the property from which the complaint is issued i Maggie McKenna, Chief Operating Manager Horus Energy and Vice President of Janus Solar, LLC, 405 Brunswick Avenue, Calgary, Canada Jeremy Call, Logan Simpson Consultants, 123 LindenV Street, Ft Collins, Colorado Ms McKenna stated that they have two (2) projects before the Planning Commission today, one is for Janus Solar and the other project is for Prospect Solar These projects are directly adjacent to ,each other and were developed at the same time including all of the field work, studies and the neighbor outreach To most people it will look like one bigger solar facility but the separate projects were driven largely by limited capacity on the Tn-State system and the opportunity to deliver electricity to two different transmission systems The Janus project is located on 700 acres of privately owned land generating up to 80 megawatts The connection to the grid is planned through the WAPA Sand Creek Switching Station Components of the facility will include solar panel arrays, inverters, project collector substation, access roads and a 20 MW battery energy storage system Ms McKenna said that the project avoids critical wildlife habitat, wetlands, floodplains, and natural resources such as oil and gas She added that across both projects there will be approximately $13 million in county property tax revenue, additional fire protection district and school district investments, clean renewable and local energy that promotes energy independence and resilience It will also generate support for local businesses during construction and additional spending within the county There will also be job creation throughout construction and will provide farming families with opportunities' of income diversification, long-term revenue and generational land planning Jeremy Call stated that the staff report recommends approval because they meet or exceed all of the criteria Mr Call said that the project is located adjacent to two (2) existing transmission lines and planned WAPA substation He added that the facilities will be silent, with no light pollution, odors, or, emissions The project preserves open land for future use and has minimal use of water, sewer and 'emergency services ' It also promotes landowner rights and allows opportunities for farm diversification, soil restoration and predictable revenue Mr Call said that they have provided a number of studies which are a part of the application , He added that as neighbor feedback came to them, they addressed all of their concerns in a single consolidated letter He said that that they have received six (6) letters of support and provided them for the record Mr Call stated that they recognize all energy production creates impacts, therefore, they have designed this project that the low profile, dark appearance offers less impacts than any other forms of energy generation Additionally, they set the panels back at least 500 feet from every residence Mr Call said Jhat if both projects are built at the same time, they could be built in as little as 18 months Commissioner Biwer asked if the projects are similar why are there two separate projects and referred to one of the parcels being located in both projects He further asked if the overall impact was considered versus two separate projects 2 Mr Call said that they presented the projects as one whole so while there are two concurrent cases applied for side by side, all of the studies are presented anticipating both projects being built Mr Gathman added that Staff had discovered that originally there were two (2) parcels where the Janus and Prospect USRs overlapped The applicant has, by deed, divided two of the parcels so that has been rectified Commissioner Hammond asked -if both projects will be built concurrently Mr Call said if they are able to do that then it would shorten the length of construction impacts, however, it will be determined by Tn-State or WAPA's delivery schedule He added that the traffic study assumes both projects will be constructed at the same time Commissioner Hammond asked how many employees there will be while both projects are being constructed Mike McRoberts, Development Review, said according to the traffic letter provided by the applicant it combines both projects and it shows 300 daily round trips for three (3) months Mr Hammond noted that he drove down there and observed 1 vehicle while he waited and said that this will have an impact on the landowners Commissioner Beemer asked how that traffic impact study correlate into the socio-economic report She added that the socio-economic report states that 1,997 full-time equivalent jobs will be created during construction Mr Call said the socio-economic analysis uses a multiplier or a supply chain benefit by purchasing such and such equipment locally that also creates jobs locally and spending at a hotel is then used at other ways so it ripples through the economy He added that the direct employees at the top of the socio-economic report is the number of direct employees on site Commissioner Beemer clarified that all the contractors and supplies will be local Mr Call said it will be a significant boom to Roggen and Keenesburg and other outlying towns Many of the construction trades needed for solar construction exist in Weld County, such as land grading, fence construction, reclamation, etc Commissioner Hammond asked how much power will benefit people in Weld County Mr Call said that they are not sure of WAPA's federal system, but Tn-State is the whole sale provider for United Power and PVREA which provides power to Weld County residents Ms McKenna added that WAPA doesn't make that information readily available, but due to the cost of moving power it is likely that it doesn't go that far Commissioner Beemer referred to the fire department letter that referenced training for first responders for the battery energy storage system units and asked the applicant to elaborate on what kind of training is necessary and what would be provided and then also to elaborate on what kind of batteries those are and the stability of those from a safety stand point Mr Call said that one of the participating landowners is the president of the Southeast Weld Fire District and added that he will ensure that his team is trained and that the facilities are safe The battery system will be dispersed across the property so they are not all consolidated in one location Mr Call identified seven (7) sites on a visual slide where the battery energy storage systems and inverters will be He added that by spacing them out it will reduce the risk of a fire and they will continue to work with the Southeast Fire District on site access and onsite trainings Mr Call further added that there is a well and water tank on the northern end of the project for fire protection Commissioner Beemer asked what kind of training will be held with the emergency responders Ms McKenna said that the training would look like manufacturer's training as well as online components and a site tour to show where everything is She added that updated training will be conducted as the batteries are upgraded Commissioner Hammond asked how close the battery site is to a residence Mr Call said that they are located over 1000 feet away Commissioner Wailes referred to the use of 5 acre feet per year and asked what the water is being used for Mr Call said that it is being used for dust control, fire protection, panel washing and landscaping Mr Wailes asked if that well can be used for that purpose Mr Gathman said that according to the Division of Water Resources it will have to be re -permitted Mr Call said that they did call and talk to the Division of 3 Water Resources regarding the process of re -permitting the well for the fire cistern and that's what led to the condition of approval Mr Gathman clarified that technically the well is located within the Janus project Roger Freeman, Horus Energy, 1225 Cody Street, Lakewood, Colorado, said it is a process with the Division of Water Resources and added that they have contacted them about going through the re - permitting of the well He added that they want to preserve the well's use for current uses for as long as possible so they haven't updated the facts and figures of the well usage because it is not time yet He added that the landowner will continue to use the well for agricultural irrigation and stockwater purposes Mr Wailes argued that the time is now as they have to look at compliance Mr Freeman said that the numbers will be more than sufficient Commissioner Beemer clarified if the applicant will be providing bonds to the county in case of default to execute that decommissioning plan Mr Gathman replied yes Commissioner Beemer said that the power from this project will be going to WAPA but didn't find a referral that clarified that WAPA is on board with this project as it appears there is with the Prospect solar project Ms McKenna said that they have been working closely with WAPA regarding the interconnection process over the last couple of years and added that they will make the application to WAPA and they will do interconnection studies to determine what the impact of the requested capacity will be on their system She added that the bulk of those studies have been completed and we are waiting on a facilities study and then the interconnection part of that will be complete She said that they anticipate that interconnection agreement in the first part of 2025 Ms Beemer asked if this would be finalized before any construction began Ms McKenna replied that it would be The Chair called a recess at 2 59 p m and reconvened the hearing at 3 10 p m The Chair asked if there was anyone in the audience who wished to speak for or against this application Harold Erker, 6001 CR 73, Roggen, Colorado, stated that he is a third -generation dryland farmer and added that they were approached by Horus Energy to see whether a portion of their farm ground might be suitable for a solar farm As it turns out, it is suitable because of its close proximity to the Tn-State and WAPA transmission lines Mr Erker expressed that they were excited about the idea of utilizing their land as a means for clean energy production and said that it will provide a different kind of commodity He added that Horus Energy has worked hard to address not only their needs and concerns but also the concerns of neighbors surrounding the solar farm as well Rich Werner, Upstate Colorado Economic Development, 822 7. Street, Greeley, Colorado, stated that he is here to advocate for both of the applications today Mr Werner said that when they work through projects they want to make sure that landowners in Weld County have control over their destiny and have the ability to use the best and highest use of their property and exercise their personal property rights When looking at the case before you it is important to look at the evolution of the criteria and code that Weld County has worked on throughout the past decade He added that they consulted with the solar industry in 2016 to adjust the code and then the code was further adjusted in 2019 and 2020 to make sure that the criteria before you are being met by the applicants Mr Werner said that when we talk about energy creation in Weld County, it is an all-inclusive energy economy that supports oil and gas and alternate forms of energy He added that Weld County is a commodity -based economy and consistently creating, through'agricultural or energy, product that is being exported outside of our community Mr Werner urged the Planning Commission that if the criteria is being met, that a favorable recommendation be forwarded to the Board of County Commissioners Amy Hernandez, 1634 CR 71, stated that this will strip the land of its integrity, prosperity, property value, view on three sides of her land, and tranquility Ms Hernandez said that the glare does affect you and does create heat She added that she finds it hard believe that they have developed a solar panel that will withstand wind, tornado, hail and that they cannot get broken and leak into the ground She said that they have been told by WAPA that the Janus solar project will not be able to hook into their switching station, but if it is a substation then WAPA lied to them 4 Paul Swank, 3895 CR 51, Keenesburg, Colorado, stated that he is a third -generation farmer Mr Swank said that by establishing a solar farm on a tract of their land they can generate a consistent income that will help conserve their families land and business He added that it will provide significant tax revenue to Weld County and school and fire districts Mr Swank said that Horus Energy has taken great steps to address neighbor's concerns He added that they have sought out local contractors early Mr Call appreciates the farming families comments He added that with regard to the Hernandez's concerns, they are empathetic to the impacts that the project creates on adjacent landowners and will ensure that they will stay 500 feet away from their residence He said that there will also be a landscape buffer and added that this will not strip any topsoil away except under the small substation Ms McKenna referred to the comments of weather events and panels and said that technology gets better and better every year She added that currently the panels are made to withstand up to 150 mph winds and technology allows them to stow the panels during hail events to help prevent damage Commissioner Wailes asked how often panels are changed out and what is the driving factor to change them out Ms McKenna said that they plan to keep the panels for as long as they are useful and then they would bring in newer technology Commissioner White asked if there are assurances that WAPA will accept the power Ms McKenna said that they will enter into an Interconnection Agreement with WAPA in the first part of 2025 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 Commissioner Wailes said that he is a little frustrated with this application just because there is a cross over between this and the following application He added that while he was making notes on his findings sheet, it would essentially be a denial of this application because he thinks this application was missing information that is actually contained in the other application materials and it is a problem for him He added that he believes we could have done better on how this application was pulled together Motion Forward Case USR24-0012 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 Michael Wailes, Seconded by Michael Biwer Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Wailes, Virginia Guderjahn Commissioner Hammond has concerns that this facility is on three sides of the Hernandez residence Meeting adjourned at 4 26 p m Respectfully submitted, 4`.y,iabru&,atoin. 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