HomeMy WebLinkAbout20250828.tiffResolution
Approve Use by Special Review Permit, USR24-0002, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District — Janice and Donald Carson, c/o SunShare, LLC, dba Goldfinch 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 2nd day of
April, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Janice and Donald Carson, 31423 County Road 51, Greeley,
Colorado 80631, c/o SunShare, LLC, dba Goldfinch Solar, LLC, 1724 Gilpin Street,
Denver, Colorado 80218, for Use by Special Review Permit, USR24-0002, for a 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 FFD24-0001, being part of the N1/2 SE1/4; and Lot B of
Recorded Exemption, RE -3801; being part of the S1/2 SE1/4 all located in
Section 30, Township 6 North, Range 64 West of the 6th P.M., Weld
County, Colorado
Whereas, at said hearing, the applicant was present, 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." The Solar Energy Facility (SEF) will
provide construction jobs and energy to Weld County, functions
which directly support economic prosperity. The 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
is one (1) rural residence that is less than 500 feet from the facility.
The applicant will either get a waiver from the nearby residences or
install a six (6) -foot -tall, offset -picket, composite privacy fence,
constructed for a portion of the southwest side of the proposed SEF
site. The proposed fence is composite, rather than wood, due to its
increased durability and the offset -picket design will provide opaque
screening while also allowing wind to pass through, therefore,
mitigating potential hazardous situations that could arise during high
winds. The composite fence is proposed in addition to the security
fence running the entire perimeter of the project. The original request
for USR24-0002 was submitted March 7, 2024, with a referral
deadline of April 4, 2024. On March 29, 2024, a Family Farm Division
(FFD24-0011) was submitted to split off approximately six (6) acres
from the northern parcel. FFD24-0011 was recorded on July 17,
2024, and the revised deed was received on August 6, 2024,
therefore, USR24-0002 was sent out to the referral agencies for a
secondary review on August 6, 2024.
The applicant proposed three (3) different layouts of the SEF
between March and November 2024. The second submittal,
received on September 28, 2023, moved the entire solar array north
to ensure the site would be greater than 500 feet from the neighbor
to the south. The third submittal, received on November 11, 2024,
changed the access so it would not be routed behind the neighbor's
house and adjusted the location of some of the solar panels to meet
the required offset. Since the SEF encumbers two (2) parcels, an
offset is required from the property line where the solar panels cross
between the north parcel to the south parcel. For each of these
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changes the USR was sent out to the referral agencies for additional
review. There has been a total of four (4) reviews of the case on
March 7, 2024, August 6, 2024, October 1, 2024, and November 22,
2024.
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.
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. 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
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uses include agriculture and rural residences. On January 27, 2025,
the Weld County Department of Planning Services staff sent
notice to 12 surrounding property owners (SPOs). No written
correspondence or telephone calls were received. There are 12
USRs within one (1) mile of the site. USR18-0040, for a Solar Energy
Facility; and SUP -142, for a 400 -head feedlot are located to the east.
USR18-0077, for the Tallgrass Energy Partners 36 -inch HP gas
pipeline is located to the north. 1 MUSR18-12-0074, for a gas pump
station; USR14-0021 and USR14-0022, for a 16 -inch gas pipeline
are located to the west. USR15-0056, for RV and boat storage;
2MUSR19-11-1793, for a natural gas compressor station;
USR11-0004, for Foster Trucking; SUP -163, for the Cervi feedlot;
USR-1594, for the JBS wastewater treatment plant; and
USR13-0006 for a 16 -inch HP gas pipeline are all located to the
south. Based on the referral agency responses and the location of
the site the proposed SEF 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.
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 or master plans of affected
municipalities. The site is located within the three (3) mile referral area for
the City of Greeley and Town of Kersey. The City of Greeley returned a
referral response dated April 3, 2024, which stated no conflict with their
interests. The Town of Kersey did not return a referral response. The site is
located outside of the growth management areas for the City of Greeley and
the Town of Kersey and is located within the Coordinated Planning
Agreement area for the Town of Kersey. As part of the pre -application
process, the Town of Kersey was sent a Notice of Inquiry (NOI), which was
returned, dated September 30, 2023, and stated they would not pursue
annexation.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23 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 properties are located within the Airport Overlay District and a Special
Flood Hazard Areas. The properties are not located within the I-25 Overlay
District, the Geologic Hazard Overlay District, MS4 - Municipal Separate
Storm Sewer System area, Historic Townsites Overlay District, or
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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 Natural Resources Conservation Services (NRCS) Soil Survey
indicated the soils on the site consist of 63°/0 low slope (0-1%) Nunn clay
loam, 14% low slope (1-3%) Otero sandy loam, 10`)/0 low slope (1-3%)
Haverson loam, 10% low slope (0-1%) Altvan loam, and 3% moderate slope
(3-5%) Otero sandy loam. Approximately 3% of the site is classified as
"Farmland of Statewide Importance." The remainder of the acreage is
classified as "Prime Farmland if Irrigated" or "Not Prime Farmland." The
property has an operational center pivot and is currently used for corn
production. The placement of the solar facility will not remove "Prime
Farmland" from production.
G. Section 23-2-230.6.7 — 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 Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC, for Use by Special Review Permit, USR24-0002, for a 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.
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B. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated March 12,
2024. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall address the comments of the Galeton File Protection
District in the referral response dated August 7, 2024. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. The applicant shall address the comments of Public Service Company of
Colorado, as stated in the referral responses dated April 8, 2024, August 27,
2024, October 15, 2024, December 13, 2024. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
E. 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 approved by, the Department of Planning
Services and shall screen the site from the surrounding property owners.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0002.
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.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.
6) 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.
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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 has been supplied to the Department of Planning
Services.
11) County Road 51 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label 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 64 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 existing, permitted, residential
access onto County Road 51 and the proposed, commercial access
location onto County Road 64. Include access width and turning radii
on the site plan. The applicant must obtain a Commercial Access
Permit in the approved location, prior to construction. Development
Review will review the proposed access locations during the review
of the site plan.
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14) The applicant shall show and label the drainage flow arrows.
15) 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.
16) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the USR 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 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 map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The paper 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.
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.
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B. The applicant shall submit the Interconnection Agreement.
C. The approved access shall be permitted and constructed, and tracking
control shall be constructed.
D. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
E. Any improvements or new construction in the floodplain require a Flood
Hazard Development Permit.
Use by Special Review Permit
Development Standards
Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC
USR24-0002
1. Use by Special Review Permit, USR24-0002, 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.
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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 controlling 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, or 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, 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 as 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 Public
Works, pursuant to the provisions of Chapter 8, Article XIV, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
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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. The site shall adhere to the accepted Decommissioning and Reclamation Plan.
Per Section 23-4-1030.B.4.h of the Weld County Code, as amended, 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.
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.
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
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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
Map #08123C -12575F, effective date will be November 30, 2023 (Lone Tree
Creek Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements, as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage
of equipment and materials.
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.
33. 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
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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, 2023 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.
34. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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. 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.
38. 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.
39. 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.
40. 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
2025-0828
PL2951
Use by Special Review Permit, USR24-0002 — Janice and Donald Carson,
c/o SunShare, LLC, dba Goldfinch Solar, LLC
Page 14
Services may grant an extension of time, for good cause shown, upon a written
request by the landowner.
41. 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.
42. 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 2nd day of April, 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
2025-0828
PL2951
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