HomeMy WebLinkAbout20241555.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0006, FOR SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC, AND
PIVOT SOLAR 47, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day of
June, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cynthia Kennedy, 28339 County Road 44, Kersey, Colorado 80644,
c/o Pivot Solar 46, LLC, and Pivot Solar 47, LLC, 1601 Wewatta Street, Suite #700, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0006, for Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX14-0002;
being part of the S1/2 SW1/4 of Section 14,
Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Kyle Sundman,
Pivot Energy, 1601 Wewatta Street, Suite #700, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
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economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on this
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth."This Solar Energy Facility (SEF) will
provide construction jobs initially and energy generation to Weld
County, functions which directly support economic prosperity. This
SEF, being a power -generating facility, will add variety, stability and
redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. There are two (2) residences less than 50 feet from the
SEFs, one (1) of which is owned by the property owner. The
applicant has stated if they are unable to acquire a waiver from the
other surrounding property owner (SPO) that they will provide an
option to decrease visual impacts, such as opaque fencing,
landscaping features, or an agreed upon mitigation measure. It is a
Condition of Approval that the applicant provide a waiver from the
SPO or opaque landscaping and screening.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, 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." Once the
proposed SEF is operational, residents, businesses, and public
entities within Xcel Energy's service territory will have the ability to
subscribe to the proposed SEF and save five (5) to ten (10) percent
on their monthly electric utility bills.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEFs), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than five (5)
acres, but less than 320 acres, in the Agricultural/Rural Area, as
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shown on Appendix 21-B." This Code section allows the applicant
to apply for the subject SEF, being located in the Near/Urban Area,
as shown by map in Appendix 21-B. Per Section 23-1-90 of the
Weld County Code, a "Solar Energy Facility" means: "a commercial
facility whose primary purpose is to supply electricity and consists
of one or more solar arrays and other accessory structures,
equipment, including substations, switchyards, battery storage,
electrical infrastructure, generators, transmission lines,
communications infrastructure, and other appurtenant structures
and/or facilities." The SEF will encumber approximately 65 acres
and qualifies as a SEF USR.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are six (6) properties zoned
A (Agricultural) that surround the subject site. The adjacent land uses
include agriculture, residential and the Box Elder Substation. The
application materials state the solar panels will be placed in such a manner
to allow for expansion of the Box Elder Substation. There are two (2)
residences within 500 feet of the SEF. One (1) of these residences is
owned by the applicant and the other residence is owned by a property
owner who submitted the letter of objection. In the Landscaping and
Screening narrative the applicant acknowledges there is a residence within
500 feet of the SEF, just south of County Road 44, and stated that Pivot's
intention is to screen the SEF from this residence with opaque screening,
in the form of fencing, landscaping features, or an agreed upon mitigation
measure. The Weld County Code requires a waiver or opaque landscaping.
There are two (2) USRs within one (1) mile of the site: SUP -182 (USR-182),
for a feedlot; and USR12-0052, for a non -1041 major facility of a public
utility for one (1) greater than 10 -inch crude oil pipeline.
The Weld County Department of Planning Services sent notice to five (5)
SPOs within 500 feet of the proposed USR boundary. One (1) letter of
objection was received that outlined concerns about removing irrigated
farmland from agricultural production and stated that the location of the
solar facility may interfere with the ability to see on -coming traffic when
pulling out. The Weld County Department of Public Works did a site visit
and did not identify any problem with the intersection.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities.
The site is not located within a three (3) mile referral area of any
municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) area of a municipality.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within the A -P (Airport) Overlay District,
the 1-25 Overlay District, a Geologic Hazard Overlay District, the MS4 —
Municipal Separate Storm Sewer System area, Historic Townsite Overlay
District, Agricultural Heritage Overlay District, or part of a Disproportionally
Impacted Community. The property is located within a Special Flood
Hazard 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.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 66 acres of soils
designated as "Prime Farmland if irrigated," with 58 acres consisting of low
slope Dacono Clay Loam and 8 acres consisting of low slope Nunn Clay
Loam soils, per the USDA Natural Resources Conservation Service
(NRCS) Custom Soil Report. The proposed use of the property for a SEF
will not remove topsoil from the property. After the life of the SEF the land
may be returned to historic uses.
The applicant submitted an email dated April 12, 2024, which stated Pivot
plans to invest in robust agrivoltaics on this site. They will incorporate
agrivoltaics by using sheep, bees, and possibly other grazing animals to
graze the sites in a regeneratively prescribed manner. This method
enriches the soil beneath the panels, provides farmers and ranchers with
new sources of income, creates pollinator habitat, increases biodiversity,
and provides the hosting communities with long-term environmental,
economic, and educational benefits, such as:
1) Educational opportunities and site tours for local schools,
universities, colleges, and community organizations.
2) Symbiotic partnerships between solar and animal farms.
3) Soil health restoration through sustainable seeding and land
practices.
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The emails also indicated Pivot understands the importance of agriculture
in this area and is excited to develop a solar project while maintaining
agricultural integrity on this parcel. Additionally, per an email on April 17,
2024, the applicant stated they are currently working on figuring out the
current irrigation system on the property to aid in their agrivoltaics goal.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cynthia Kennedy, c/o Pivot Solar 46, LLC, and
Pivot Solar 47, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0006, for Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location during
construction. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes during construction.
B. The applicant shall address the comments from the Colorado Parks and
Wildlife, as stated in the referral response dated February 16, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit a Landscape and Screening Plan or screening
waivers from residents within 500 feet. The Landscape and Screening Plan
shall be submitted to, and accepted by, the Department of Planning
Services and shall screen the site from the surrounding property owners.
D. The applicant shall acknowledge the comments from the Weld County Oil
and Gas Energy Department, as stated in the referral response dated
February 7, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall submit an Interconnection Agreement.
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F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0006.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two [2], per Section 23-3-30.6 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.
6) The applicant shall 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.
7) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
8) The applicant shall 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.
9) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc., as part of any
executed Surface Use Agreement.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
11) County Road 57 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
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requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) County Road 44 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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the proposed commercial
access locations to include access width and turning radii on the
site plan. The applicant must obtain an Access Permit(s) in the
approved location(s) prior to construction. Development Review will
review the proposed access locations during the review of the site
plan.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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 the administrative review was
signed, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
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4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access shall be permitted and constructed, and tracking
control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
D. The applicant shall submit, and receive approval of, a Floodplain
Development Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT O
ATTEST:
Weld County Clerk to the Board
BY:°*ed-117)• lid Audi de_
Deputy Clerk to the Board
AP! iaVED A
County '' orney
rI
Date of signature:
Z
Ke D Ross, Chair
Perry L. B
ike Freeman
Pro-Tem
tt K. James
ri Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC,
AND PIVOT SOLAR 47, LLC
USR24-0006
1 Site Specific Development Plan and Use by Special Review Permit, USR24-0006, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
6. Height limitation. Ground -mounted solar collectors shall not exceed 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.
7 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.
8. 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 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.
9. 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.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
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grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary, per Section 23-4-1030.C.5 of the Weld County Code, as amended.
11. 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.
12. 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 the Weld County 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.
13. 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 Chapter 8, Article XIV, per Section 23-4-1030.C.8 of the Weld County
Code, as amended.
14. 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.
15. 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 90 days
of the Board of County Commissioners' order or Resolution directing
decommissioning/reclamation.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
18. 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 the replacement
of any required plantings that become diseased, infested, or otherwise unhealthy, within
the growing season or next calendar year, whichever occurs sooner.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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21. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
26. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
27. During construction, waste materials shall be handled, stored, and disposed of 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 I of the Weld County Code.
28. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
29. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
31. 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 #08123C -1775E, dated January 20, 2016
(Box Elder Creek). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements, as described in Rules
and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
32. 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.
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33. 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.
34. 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 have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation Code,
and 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
38. 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.
39. 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.
40. 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.
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DEVELOPMENT STANDARDS (USR24-0006) - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46,
LLC, AND PIVOT SOLAR 47, LLC
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41. 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 the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
42. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
43. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, 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.
45. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2024-1555
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