HomeMy WebLinkAbout20250189.tiffResolution
Approve Major Amended Use by Special Review Permit, 1MJUSR24-20-0011, for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District — Scott Peterson, c/o SunShare Solar, LLC, dba
Starlily Solar, 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 23rd day of
September, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the
purpose of hearing the application of Scott Peterson,15002 County Road 36, Platteville,
Colorado 80651, c/o SunShare Solar, LLC, dba Starlily Solar, LLC, 1724 Gilpin Street,
Denver, Colorado 80218, for Major Amended Use by Special Review Permit,
1 MJUSR24-20-0011, fora 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:
W1/2 NW1/4 of Section 10, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
Whereas, at said hearing on September 23, 2024, the Board deemed it advisable to refer
the matter back to staff to allow them time to review changes to the application, requested
by the applicant, and to provide proper notification to the surrounding property owners
who are potentially impacted by the requested changes, and
Whereas, on January 22, 2025, the applicant was represented by Kristy Weyerman,
1724 Gilpin St., Denver, Colorado 80218, to present the revised application, 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:
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 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
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." This Solar Energy Facility (SEF) will provide
construction jobs and energy 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 no residences that are less than 500 feet from the facility,
therefore, screening is not required. The applicant is proposing an
eight (8) -foot tall game fence surrounding the property.
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."This Code
Section supports the installation of the subject SEF, which is for
energy development. The facility will provide power to be utilized by
residences, businesses and farming operations in Weld County.
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2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEF'S), 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 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 (1) 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 29 acres of an approximately
76 -acre parent parcel. The proposal meets the intent of
A (Agricultural) Zone District, as the facility will produce energy and
will not interfere with adjacent agricultural operations.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The properties adjacent to the
parent parcel are zoned A (Agricultural) and the land uses include
production agriculture, an oil and gas production site and rural residences.
Weld County Department of Planning Services staff sent notice to ten (10)
surrounding property owners (SPOs) who own the adjacent properties
within 500 feet of the proposed USR boundary and no written
correspondence or telephone calls were received. There are 11 USRs
within one (1) mile of the site. USR19-0045, for a vehicle repair business is
located to the east. There are no USRs within one (1) mile of the site to the
north. USR-1748, for a kennel; 1 MJUSRI7-15-0019, for a kennel and SEF;
and USR-1756, for a kennel are located to the west. USR-1236, for a
230/345kV Transmission Line; USR18-0094, for a 24 -inch and 16 -inch
high-powered gas line; USR18-0004, USR15-0076, USR20-0012, and
USR18-0041, all for SEFs; and USR-1363, for Morning Fresh Farms are
located to the south of the site. Based on the referral agency responses and
the location of the site, the SEF and the proposed use is in an area that can
support this development. 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 and uses and the
region.
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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
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The SEF is proposed to be less than 160 acres in the
Near/Urban area, so it does not require a 1041 review. The site is located
within the three (3) mile referral area and the Coordinated Planning
Agreement (CPA) area for the Towns of Gilcrest and Platteville. The Town
of Platteville returned a Notice of Inquiry (NOI) form dated May 15, 2023,
stating they would not pursue annexation. The Town of Gilcrest did not
return a NOI form. The Town of Platteville, in a referral response dated
March 12, 2024, indicated no conflict with their interests. The Town of
Gilcrest did not return a referral response. This property is not located within
the Future Land Use Map designations for the Town of Gilcrest or the Town
of Platteville.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Airport Overlay District, the 1-25 Overlay District, Special Flood Hazard
Area, the Geologic Hazard Overlay District, MS4 - Municipal Separate
Storm Sewer System area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the
property 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 soil in the location of the proposed solar facility is predominantly
Olney loamy sand and is considered "Farmland of Statewide Importance"
and Valent sand considered "Not Prime Farmland," according to the Natural
Resources Conservation Services Soil Resource Report, dated
December 13, 2023, submitted with the application. The property is not
irrigated and no Prime Farmland will be removed from production. The
application materials state the property does not have any water rights.
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 that
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
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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 Scott Peterson, c/o SunShare Solar, LLC,
dba Starlily Solar, LLC, for Major Amended Use by Special Review Permit,
1 MJUSR24-20-0011, fora 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, during construction, is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes during construction.
B. The applicant shall acknowledge the advisory comments of Colorado Parks
and Wildlife, as stated in the referral response dated March 14, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments of Weld County
Oil and Gas Energy Department, as stated in the referral dated March 13,
2024. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall acknowledge the advisory comments of Public Service
of Colorado, as stated in the referral dated April 8, 2024. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
E. The applicant shall submit screening waivers from residents within 500 feet
of the subject property to the Department of Planning Services. If waivers
are not obtained, opaque screening is required, per the accepted
Landscape and Screening Plan.
F. The map shall be amended to delineate the following:
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1) All sheets of the map shall be labeled 1 MJUSR24-20-0011.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
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) 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) Any 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.
7) 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) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident(s) has been supplied to the Department of Planning
Services.
11) County Road 31 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
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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 36 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 all permitted access points onto
County Road 36 and County Road 31. Also show and label the
project access location onto County Road 31, and the approved
access width and appropriate turning radii on the site plan. The
applicant must obtain an Access Permit in the approved locations,
prior to construction.
14) The applicant shall 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.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
17) The applicant shall show and label all recorded easements and
rights -of -way shall be delineated on the plat by book and page
number or Reception number.
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
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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 of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
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.
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Use by Special Review Permit
Development Standards
Scott Peterson, c/o SunShare Solar, LLC,
dba Starlily Solar, LLC
1 MJUSR24-20-0011
1. Major Amended Use by Special Review Permit, 1 MJUSR24-20-0011, 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. 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 natural grade below each solar panel, to the
highest extent of the solar panel rotation.
7. Glare. The SEF shall be 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.
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
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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 the 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, direct
current collection circuits between rows of solar arrays that are no more than
four (4) feet above grade crossings, substations, switchyards, and circuit voltages
greater than 34.5 kilovolts, where necessary.
11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant
to the Fencing Plan, as presented in the application materials. Appropriate signage
shall be placed upon such fencing that warns the public of the high voltage therein.
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).
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 Services, pursuant to the provisions of Chapter 8, Article XIV,
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 and reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning and reclamation.
16. The site shall be maintained in accordance with the accepted Property
Maintenance Plan.
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17. 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.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
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 any required plantings that become diseased, infested, or otherwise
unhealthy shall be replaced within the growing season, or next calendar year,
whichever occurs sooner.
20. 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.
21. 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.
22. 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.
23. 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.
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
25. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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26. 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.
27. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
28. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
29. the property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
30. Weld County is not responsible for the maintenance of on -site drainage related
features.
31. The historical flow patterns and runoff amounts on the site will be maintained.
32. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. 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,
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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.
37. 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.
38. 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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 22nd day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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