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Home My WebLink About20231370.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for: Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 DEPARTMENT: Planning Services DATE: April 25, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Janssen Farms, LLC do SunShare, LLC DBA Grizzly Solar, LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (ZPSF22-0004). No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. • • This Agreement complies with the terms of the Zoning Permit Solar Farm Permit conditional approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for ZPSF22-0004, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine ft-it,41-A-t 4r-1' c, PLosir/y 3KR/DA) 2023-1370 ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 THIS AGREEMENT is made this 21 day of A s: l , 202, by and between Janssen Farms LLC, 13510 State Highway 14, Ault, Colorado 80610, c/o Sun hare, LLC dba Grizzly Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, hereinafter referred to as "Property Lessee," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Lessee is the owner of the following described property in the County of Weld, Colorado: Part of the NW 1/4 of Section 8, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Lessee has received Board of County Commissioners approval of ZPSF22-0004, and WHEREAS, the Property Lessee facility will generate additional vehicles and heavy traffic directly associated with ZPSF22-0004, for an extended period of time; and WHEREAS, the County, and Property Lessee are desirous of agreeing to terms involving regulation of haul routes, traffic control, and road wear arising from such additionaltraffic. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: Part I: SITE SPECIFIC PROVISIONS A. Reserved B. Haul/Travel Routes: The Property Lessee shall be financially responsible for its proportional share S of the associated costs for maintaining and/or improving designated haul/travel routes. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: (• • 1) East and west along CR 72 between approved site access and CR 39. •3i� �` 0w 2) North and south along CR 39 between CR 72 and Highway 392. ov° 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 72 and travel east -west to the • nearest paved road for further dispersal. Any County roads used by traffic associated with ZPSF22-0004 may 5:,,i become part of the established haul/travel routes. d�OIL •c; -w3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and M N axle configurations unless overweight permits have been applied for and granted. , = ENO 07Coz3-137a Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 1 of 7 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Lessee. 5.0 Haul Route Signage. Property Lessee shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Maintenance Requirements: 1.0 Off -Site Dust Control/Abatement: The Property Lessee is required to provide dust abatement along affected haul route roads, as determined by the County. County will determine the proportionate share of dust control to be paid by Property Lessee. The amount and extent of dust control measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the Property Lessee's facility. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 2.0 Obligation to Maintain Current and Future Haul Routes: Property Lessee will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by vehicle traffic to and from the Property. Should Property Lessee's site activities or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Lessee's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Lessee shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Lessee of such Significant Damage. Property Lessee shall identify the repair required and shall consult with County on the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If Property Lessee identifies Significant Damage prior to receiving notice thereof from County, Property Lessee may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property Lessee's payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 3.0 Proportionate Share of Road Maintenance Responsibilities: Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 2 of 7 3.1 Property Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, or maintenance of any particular Haul Route Road. Property Lessee's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Property Lessee's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Property Lessee shall not be responsible for traffic that is not sourced from the Property Lessee's facility. 3.2 The County shall notify Property Lessee of County's preliminary determination and assessment of Property Lessee's proportionate share of costs. Prior to County's final determination and assessment, County shall provide Property Lessee with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Lessee's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Lessee's proportionate share of costs. Part II: GENERAL PROVISIONS A. General Requirements: 1.0 Permits: Property Lessee is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1. Access Permits. Property Lessee shall not use any access onto any County Road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. 2.0 Release of Liability. Property Lessee shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of the site specific Use associated with ZPSF22-0004, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. 3.0 Liability for Damage to Road. Property Lessee shall be financially responsible for any and all damage caused to any Weld County Road as a result of the design and construction of the site -specific Use associated with ZPSF22-0004, without regard to the negligence, or lack thereof, of Property Lessee or its agents. This provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no further force and effect ten years after mutual execution of this Agreement. B. Violations of Agreement and Remedies Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 3 of 7 1.0 Violation of Terms of Agreement. If in County's reasonable opinion, Property Lessee has violated any of the terms of this Agreement, County shall so notify Property Lessee and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Lessee shall have thirty (30) days within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. 2.0 Termination of Agreement. Termination Event: This Agreement shall terminate upon the earliest of the following events: 2.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Property Lessee's complete cessation of all activities permitted by the ZPSF. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Unless informed in writing by the Property Lessee of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the ZPSF has been inactive for three (3) years. 2.2 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new Property Lessee or Operator who has purchased the Property or has assumed the operation of the business permitted by the ZPSF and intends to make use of the rights and privileges available to it through the then existing ZPSF. 2.3 Revocation of ZPSF. This Agreement shall terminate following County's revocation of Property Lessee's ZPSF, except that the Property Lessee shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. 2.4 Completion of Construction. This Agreement shall terminate following Property Lessee's completion of construction of the facilities authorized by the underlying ZPSF. Property Lessee shall notify the County of completion. 3.0 Revocation of ZPSF. Property Lessee acknowledges that failure to comply with the material terms of this Agreement constitutes cause to revoke the ZPSF, and County may exercise this option in its sole reasonable discretion by proceeding with revocation under the then current provisions of the Weld County Code. 4.0 Court action. Upon notice of violation and failure to cure within the time permitted by this Agreement, County may seek relief in law or equity by filing an action in the Weld District Court. C. Miscellaneous Provisions. 1.0 1.0 Successors and Assigns. 1.1 Property Lessee may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Lessee's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 4 of 7 such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Lessee, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Lessee shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 5 of 7 hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Lessee shall provide the County with proof of Property Lessee's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Lessee acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC — ZPSF22-0004 — RMCA23-0010 Page 6 of 7 STATE OF COLORADO County of Weld PROPERTY LESSEE: SunShare, LLC DBA Grizzly Solar, LLC Date 21 2-O23 SS. \. MACKENZIE MARIE MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224044820 MY COMMISSION EXPIRES NOVEMBER 28, 2026 The foregoing instrument was acknowledged before me this 1( day of /4 �; I 202, by Co Cr; fliA vv% WITNESS my hand and official seal. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WELD COUNTY: ((�� ATTEST: dadf../O G;ti Weld C . Clerk to the : Deputy Cle " to th, Boi".14s! ��, BY: Mike Freeman, Chair MAY 1 5 2023 Janssen Farms, LLC c/o SunShare, LLC DBA Grizzly Solar, LLC - ZPSF22-0004 - RMCA23-0010 Page 7 of 7 02.0a Contract Form New Contract Request Entity Information Entity Name* SUNSHARE LLC Entity ID* X00044039 New Entity? Contract Name* Contract ID ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6904 JANSSEN FARMS, LLC C. O SUNSHARE, LLC DBA GRIZZLY SOLAR, LLC ZPSF22-0004 Contract Lead* Contract Status CTB REVIEW JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinezAweldgov.c Om Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT JANSSEN FARMS, LLC C'O SUNSHARE, LLC DBA GRIZZLY SOLAR, LLC ZPSF22-0004 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount. 50.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM -Planning Pweldgov,com Department Head Email CM-Planning- DeptHead2weldgov,com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY YWELDG OV.COM Requested BOCC Agenda Date* 05 10 2023 Due Date 05 06, 2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date 05'10 2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date 05;'1©/2025 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARK° JR. DH Approved Date 0412 7; 202 3 Final Approval ROCC Approved MCC Signed Date 11OCC Agenda Date 05115,2023 Finance Approver CHERYL PATTELL! Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04 27/2023 04.28 2023 Tyler Ref # AG 051523 RESOLUTION RE: GRANT ZONING PERMIT, ZPSF22-0004, FOR A SOLAR ENERGY FACILITY (3.51 ACRES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY 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 of Weld County, Colorado, on the 8th day of February, 2023, considered the request of Janssen Farms, LLC, 13510 State Highway 14, Ault, Colorado 80610, c/o SunShare, LLC, dba Grizzly Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone District, and WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being more particularly described as follows: Part of the NW1/4 of Section 8, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on February 8, 2023, the Board deemed it advisable to continue said hearing to March 1, 2023, to allow the applicant adequate time to incorporate new information they recently received, and WHEREAS, on March 1, 2023, 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 Department of Planning Services 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 23-4-460 of the Weld County Code for a Solar Energy Facility less than Five (5) Acres (5 ACRE SEF). 2. It is the opinion of the Board that the applicant has shown compliance with Section 23-4-455 of the Weld County Code as follows: A. Section 23-4-455.F.3 states, "Setbacks. The improved area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the 2023-0327 P2858 ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC PAGE 2 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." Three (3) residences appear to be within 500 feet of the SEF footprint, per the application materials. Such residents were notified by the applicant via letter, prior to submittal of the ZPSF application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar, LLC, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone District, on the above described parcel of land, be, and hereby is, granted subject to the following conditions: 1. Prior to the release of Building Permits: A. The applicant shall attempt to address the referral comments in the Xcel Energy referral, dated July 7, 2022. Evidence of such shall be provided to the Department of Planning Services. B. The applicant shall submit an updated Landscaping and Screening Plan that reflects the updated Vegetation Plan, determined by the applicant and surrounding property owners. C. The applicant shall submit a Road Maintenance Agreement for Construction activities required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. D. 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 the Weld County Code. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, corporate guarantees from electric utilities serving the County, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. The method and object of Security shall be approved by the Weld County Attorney. The Security shall: 1) Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit; 2) Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency 2023-0327 PL2858 ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC PAGE 3 with similar credentials; 3) Include an automatic extension provision or "evergreen clause"; and 4) Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 2. Prior to construction: A. Building Permits shall be obtained for the 5 ACRE SEF and must comply with all installation standards of Chapter 29 of the Weld County Code. B. Any development in the floodplain requires a Floodplain Permit. C. The approved access and tracking control shall be constructed prior to on -site construction. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Kevin D. Ross County Attorney Date of signature: Lori Saine 2023-0327 PL2858 ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT DEVELOPMENT STANDARDS JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC ZPSF22-0004 1. The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in size. 2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF. 3. Any future structures or uses onsite must obtain the appropriate zoning and Building Permits. 4. The appicant accepts responsibility to decommission the site when the facility is deemed obsolete, in accordance with the accepted Decommissioning and Reclamation Plan. 5. 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. 6. Glare. A 5 ACRE 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. 7 Setbacks. The Improved Area of the 5 ACRE 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 agreerig to the lesser setback. 8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed in the accepted Dust and Weed Mitigation Plan. 9. 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). 10. Fencing_ The 5 ACRE SEF shall be enclosed with a security fence, as approved, pursuant to a Fencing Plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. 11. Stormwater management. The 5 ACRE SEF shall comply with the accepted Final Drainage Report. 2023-0327 PL2858 DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC PAGE 2 12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. 13. Security. 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 the Weld County Code shall be held for the life of the project. The letter shall name the Board of County Commissioners of Weld County as the sole beneficiary; be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; include an automatic extension provision or "evergreen clause;" and be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator. 14. 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) Preliminary FIRM Community Panel Map #08123C -1239E, effective date January 20, 2016 (Eaton Draw 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. 15. 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. 16. 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. 17. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 19. 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. 20. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 21. Weld County is not responsible for the maintenance of on -site drainage related features. 22. The historical flow patterns and runoff amounts will be maintained on the site. 2023-0327 PL2858 DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC PAGE 3 23. 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. 24. 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. 25. 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. 26. 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. 27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 28. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 2023-0327 PL2858 Hello