HomeMy WebLinkAbout20233523.tiff CORRECTED RESOLUTION
(Corrected to Update Applicant Name)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT,1 MJUSR23-22-0027,FOR A SOLAR ENERGY FACILITY
(SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A(AGRICULTURAL)ZONE DISTRICT-CBEP LAND 2,LLC,CIO CBEP SOLAR 9,
LLC,AND ECA CO LEAD,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 13th day of
December,2023,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of CBEP Land 2,LLC,4845 Pearl East Circle,Suite 118#53242,Boulder,
Colorado 80301,do CBEP Solar 9,LLC,and ECA CO Lead, LLC,P.O.Box 1255,Sterling,
Colorado 80751,for a Site Specific Development Plan and Major Amended Use by Special
Review Permit,1 MJUSR23-22-0027,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:
Part of the E1/2 NW1/4 and part of the
W1/2 E1/2 SW1/4 of Section 34,Township 6 North,
Range 65 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
(ER/nN/Ko/DeM 1/KR/GG),CAOcft), 2023-3523
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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."The Solar Energy Facility(SEF)will provide
construction jobs and energy to Weld County,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)residence that is less than 500 feet from
the facility.The applicant will either get a waiver from the nearby
residence to the west,or plant Rocky Mountain Junipers along the
outside of the western fence line,to provide natural screening for
the nearby residence.
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
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means:a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other
accessory structures, equipment, including substations,
switchyards,battery storage,electrical infrastructure,generators,
transmission lines, communications infrastructure, and other
appurtenant structures and/or facilities."The SEF will encumber
approximately 66.52 acres of a 152.27-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
pastureland, production agriculture, and rural residences.Weld County
Department of Planning Services sent notice to 13 surrounding property
owners(SPOs),who own the 13 adjacent properties within 500 feet of the
proposed USR boundary.No written correspondence or telephone calls
were received.
There are 66 USRs within one(1)mile of the site with the predominate
uses being energy development, aggregate mining, transmission line
corridors, solar facilities, and animal confinement facilities. The
Greeley/Weld County Airport is located approximately 4,000 feet to the east
and immediately adjacent to the south.
Based on the referral agency responses and the location of the site,the
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 and any other applicable code
provisions or ordinances in effect,or the adopted Master Plans of affected
municipalities.The site is not designated as an Opportunity Zone on the
Weld County Comprehensive Plan.
The site is located within the three(3)mile referral area of the City of
Greeley and within the three(3)mile referral area and the Coordinated
Planning Agreement area for the Town of Kersey.The City of Greeley 2060
Comprehensive Plan Land Use Guidance Map identifies the proposed SEF
within the defined boundary of the Northeast Industrial Area,and the City
of Greeley 2021 Zoning Map identifies the property to be outside of the
current corporate boundary.The 2016 Town of Kersey Comprehensive
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Plan delineates the Kersey Influence Area,extending to County Road 62.
The property is located on County Road 66 and is,therefore,outside of
Kersey's Future Land Use Planning Area.
The City of Greeley, in the referral dated August 22,2023,stated the
subject site is located within Greeley's Long Range Expected Growth Area,
the area in which the community anticipates annexation and urban
development to occur in the future,and included an advisory comment that
the City of Greeley had not established regulations regarding solar
development.
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 within the
Airport Overlay District. The proposed SEF complies with the height
limitations,outlined in Chapter 23,Article V,Section 23-5-30,Airport Zone
height limitations. Further,the proposed SEF will not create electrical
interference,include any lights,result in any glare in the eyes of pilots,
impair visibility in the vicinity of the Airport,create bird strike hazards,or
otherwise interfere in any way with the operations of the Airport,as required
by Chapter 23,Article V,Section 23-5-40,use restrictions.The applicant
will be required to file with the Federal Aviation Administration,who will
ensure that the proposed SEF fully complies with FAA requirements for the
Greeley-Weld County Airport.The property is not within the 1-25 Overlay
District,Special Flood Hazard Area,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 facility will be located on Dacono clay loam soils,which are
classified with an C rating,per the soil report dated June 22,2023,from the
Natural Resource Conservation Service Soil Survey.These have a high
infiltration rate and low runoff potential,and the land is classified as prime
farmland,if irrigated.The land is,and has been,irrigated,up until 2015
when a permanent Dry-Up Covenant and Easement was recorded under
Reception No.4145503.The current property owner,as successor,will
continue to maintain the dry-land native grasses and will reseed, as
required,for re-vegetation purposes, not only the area under the solar
panels but the entire parcel,per the Covenant.The applicant indicated the
land will continue in agricultural production if the site is decommissioned,
and per the application materials,the property owner stated there are no
water rights associated with the land.
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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 determined that the attached Conditions of Approval and
Development Standards ensure that 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 CBEP Land 2, LLC, do CBEP Solar 9, LLC,and
ECA CO Lead,LLC,for a Site Specific Development Plan and Major Amended Use by Special
Review Permit,1 MJUSR23-22-0027,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. The applicant shall acknowledge the advisory comments of the Public
Service of Colorado,as stated in the referral response,dated August 25,
2023.Evidence of such shall be submitted,in writing,to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the advisory comments of the Colorado
Division of Water Resources,as stated in the referral response,dated
October 7,2022.Evidence of such shall be submitted,in writing,to the
Weld County Department of Planning Services.
C. The applicant shall submit a dry land seed mix,acceptable,per the Dry-Up
Covenant and Easement requirements,for review and acceptance.
D. The applicant shall submit a Landscape Maintenance Plan aimed at
retaining the desired vegetation while keeping the property free of noxious
weeds.
E. The applicant shall submit a Fencing Plan for review and acceptance if not
utilizing the perimeter game fence with gates as stated in the application
materials.
F. The applicant shall submit any screening waivers, from residents
within 500 feet,to the Department of Planning Services.If waivers are not
obtained,opaque screening is required,per the accepted Landscape and
Screening Plan.
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G. If utilizing a vegetative material for visual mitigation to screen the facility
from adjoining properties to the west and north,the applicant shall submit
an Irrigation Plan to the Department of Planning Services,for review and
acceptance.
H. A Road Maintenance Agreement(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.
I. A Final Drainage Report and Certification of Compliance,stamped and
signed by a Professional Engineer,registered in the State of Colorado,is
required.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0027.
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) The applicant shall show the floodplain and floodway(if applicable)
boundaries on the map.Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
6) 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.
7) 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.
8) 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.
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9) Trash collection areas,if applicable.Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
10) Planned oil and gas surface development areas,corridors,access
roadways,etc.,as part of any executed Surface Use Agreement,if
applicable.
11) Screening Plan for residences within 500 feet unless a waiver from
the resident has been supplied to the Department of Planning
Services.
12) County Road 64 is a paved 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 or plat.All setbacks shall be
measured from the edge of the right-of-way.This road is maintained
by Weld County.
13) This portion of County Road 62 is under the jurisdiction of the City
of Greeley. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way and show the
approved access(es)on the site plan and label with the approved
access Permit Number,if applicable.
14) The applicant shall show and label the proposed access point onto
County Road 64 and the usage type (Agriculture, Residential,
Commercial/Industrial,or Oil and Gas).Development Review will
review the access location as a part of the plan submittal.
15) 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.
16) The applicant shall show and label the drainage flow arrows.
17) If applicable, show and label the accepted drainage features.
Stormwater ponds should be labeled as"Stormwater Detention,
No-Build or Storage Area"and shall include the calculated volume.
18) All recorded easements and rights-of-way shall be delineated on
the plat by book and page number or Reception number.
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2. Upon completion of Condition of Approval#1 above,the applicant shall submit
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld
County Department of Planning Services.Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval.The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services.The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code.The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code,should the map not be
recorded within the specified timeline from the date 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. The approved access and tracking control shall be constructed.
C. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
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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The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 13th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: dadcao �,,��,,// EXCUSED
•aCltD• Mike Freeman,Chair
Weld County Clerk to the Board
O� j Perry L.B ,Pro-Tem
BY:deCrifilt4 •
Deputy Clerk to the Board
Scott K.James
APP'.II D AS T�
in D.Ross
ounty Attor ey
51,1 I L Saine
Date of signature: 11.10'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP LAND 2,LLC,C/O CBEP SOLAR 9,LLC,
AND ECA CO LEAD,LLC
1 MJUSR23-22-0027
1. Site Specific Development Plan and Major Amended Use by Special Review Permit,
1 MJUSR23-22-0027, 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 twenty-five(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 be submitted to,and approved by,the Department of
Planning Services,per Section 23-4-1030.C.3 of the Weld County Code,as amended.
9. Dust mitigation.The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code,as amended.
10. Underground cables.All electrical cables on the improved area shall be buried,except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four(4)feet above
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grade crossings,substations,switchyards,and circuit voltages greater than 34.5 kilovolts,
where necessary.
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 Public Works,pursuant
to the provisions of Chapter 23, Article XIV of Chapter 8 of this Code, per
Section 23-4-1030.C.8 of the Weld County Code,as amended.
14. Existing irrigation systems.The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems,on,or adjacent,to the solar facility,per
Section 23-4-1030.C.9 of the Weld County Code,as amended.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan.Weld County shall have the right to draw upon the irrevocable standby
letter of credit,or other form of financial security,to pay for decommissioning in the event
that the holder has not commenced decommissioning 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 accepted Property Maintenance Plan.
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 the replacement
of any required plantings that become diseased infested,or otherwise unhealthy,which
shall be replaced within the growing season,or next calendar year,whichever occurs
sooner.
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20. The property owner shall maintain compliance with the Dry-Up Covenant and Easement,
recorded September 28,2015,under Reception No.4145503,at all times.
21. 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.
22. 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.
23. 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.
24. 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
26. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment,as applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone,as delineated in C.R.S.§25-12-103.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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.
30. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
31. 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.
32. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
33. Weld County is not responsible for the maintenance of on-site drainage related features.
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34. The historical flow patterns and runoff amounts on the site will be maintained.
35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
39. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three(3)years from the date of approval,unless otherwise specified
by the Board of County Commissioners when issuing the original Permit,or the Permit
shall be vacated.The Director of the Department of Planning Services may grant an
extension of time,for good cause shown,upon a written request by the landowner.
40. 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.
41. 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
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PAGE 5
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.
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some of
the most abundant mineral resources,including,but not limited to,sand and gravel,oil,
natural gas,and coal.Under Title 34 of the Colorado Revised Statutes,minerals are vital
resources because(a)the state's commercial mineral deposits are essential to the state's
economy;(b)the populous counties of the state face a critical shortage of such deposits;
and(c)such deposits should be extracted according to a rational plan,calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development.Often,mineral resource
sites are fixed to their geographical and geophysical locations.Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
43. The Weld County Right to Farm Statement,as it appears in Section 22-2-30.A.4.a of the
Weld County Code,shall be placed on the map and recognized at all times.
2023-3523
PL2852
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT,1 MJUSR23-22-0027,FOR A SOLAR ENERGY FACILITY
(SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A(AGRICULTURAL)ZONE DISTRICT-CBEP LAND 2,LLC,C/O CBEP SOLAR 9,
LLC,AND ECA CO LEAD
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 13th day of
December,2023,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of CBEP Land 2,LLC,4845 Pearl East Circle,Suite 118#53242,Boulder,
Colorado 80301,c/o CBEP Solar 9,LLC,and ECA CO Lead,P.O.Box 1255,Sterling,Colorado
80751,for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR23-22-0027, 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:
Part of the E1/2 NW1/4 and part of the
W1/2 E1/2 SW1/4 of Section 34,Township 6 North,
Range 65 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 23-2-230.6.1—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
economic prosperity. To ensure the continued strength of Weld
ce:PLOR/KiJ/Ko/DA/h1uJ/m),CACKO, 2023-3523
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PAGE 2
County's economy,land use processes and decisions based on the
[Comprehensive Plan]shall be consistent and promote financially
responsible growth."The Solar Energy Facility(SEF)will provide
construction jobs and energy to Weld County,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)residence that is less than 500 feet from
the facility.The applicant will either get a waiver from the nearby
residence to the west,or plant Rocky Mountain Junipers along the
outside of the western fence line,to provide natural screening for
the nearby residence.
B. Section 23-2-230.6.2—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
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electricity and consists of one or more solar arrays and other
accessory structures, equipment, including substations,
switchyards,battery storage, electrical infrastructure,generators,
transmission lines, communications infrastructure, and other
appurtenant structures and/or facilities."The SEF will encumber
approximately 66.52 acres of a 152.27-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
pastureland, production agriculture, and rural residences.Weld County
Department of Planning Services sent notice to 13 surrounding property
owners(SPOs),who own the 13 adjacent properties within 500 feet of the
proposed USR boundary.No written correspondence or telephone calls
were received.
There are 66 USRs within one(1)mile of the site with the predominate
uses being energy development, aggregate mining, transmission line
corridors, solar facilities, and animal confinement facilities. The
Greeley/Weld County Airport is located approximately 4,000 feet to the east
and immediately adjacent to the south.
Based on the referral agency responses and the location of the site,the
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 and any other applicable code
provisions or ordinances in effect,or the adopted Master Plans of affected
municipalities.The site is not designated as an Opportunity Zone on the
Weld County Comprehensive Plan.
The site is located within the three(3)mile referral area of the City of
Greeley and within the three(3)mile referral area and the Coordinated
Planning Agreement area for the Town of Kersey.The City of Greeley 2060
Comprehensive Plan Land Use Guidance Map identifies the proposed SEF
within the defined boundary of the Northeast Industrial Area,and the City
of Greeley 2021 Zoning Map identifies the property to be outside of the
current corporate boundary.The 2016 Town of Kersey Comprehensive
Plan delineates the Kersey Influence Area,extending to County Road 62.
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The property is located on County Road 66 and is,therefore,outside of
Kersey's Future Land Use Planning Area.
The City of Greeley,in the referral dated August 22,2023,stated the
subject site is located within Greeley's Long Range Expected Growth Area,
the area in which the community anticipates annexation and urban
development to occur in the future,and included an advisory comment that
the City of Greeley had not established regulations regarding solar
development.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI,of the Weld County Code.The property is within the
Airport Overlay District. The proposed SEF complies with the height
limitations,outlined in Chapter 23,Article V,Section 23-5-30,Airport Zone
height limitations. Further, the proposed SEF will not create electrical
interference,include any lights,result in any glare in the eyes of pilots,
impair visibility in the vicinity of the Airport,create bird strike hazards,or
otherwise interfere in any way with the operations of the Airport,as required
by Chapter 23,Article V,Section 23-5-40,use restrictions.The applicant
will be required to file with the Federal Aviation Administration,who will
ensure that the proposed SEF fully complies with FAA requirements for the
Greeley-Weld County Airport.The property is not within the 1-25 Overlay
District, Special Flood Hazard Area, 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 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.The facility will be located on Dacono clay loam soils,which are
classified with an C rating,per the soil report dated June 22,2023,from the
Natural Resource Conservation Service Soil Survey.These have a high
infiltration rate and low runoff potential,and the land is classified as prime
farmland,if irrigated.The land is,and has been,irrigated,up until 2015
when a permanent Dry-Up Covenant and Easement was recorded under
Reception No.4145503.The current property owner,as successor,will
continue to maintain the dry-land native grasses and will reseed, as
required,for re-vegetation purposes, not only the area under the solar
panels but the entire parcel,per the Covenant.The applicant indicated the
land will continue in agricultural production if the site is decommissioned,
and per the application materials,the property owner stated there are no
water rights associated with the land.
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
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PAGE 5
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 determined that the attached Conditions of Approval and
Development Standards ensure that 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 CBEP Land 2,LLC,c/o CBEP Solar 9,LLC,and ECA
CO Lead,for a Site Specific Development Plan and Major Amended Use by Special Review
Permit,1MJUSR23-22-0027,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. The applicant shall acknowledge the advisory comments of the Public
Service of Colorado,as stated in the referral response,dated August 25,
2023.Evidence of such shall be submitted,in writing,to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the advisory comments of the Colorado
Division of Water Resources,as stated in the referral response,dated
October 7,2022.Evidence of such shall be submitted,in writing,to the
Weld County Department of Planning Services.
C. The applicant shall submit a dry land seed mix,acceptable,per the Dry-Up
Covenant and Easement requirements,for review and acceptance.
D. The applicant shall submit a Landscape Maintenance Plan aimed at
retaining the desired vegetation while keeping the property free of noxious
weeds.
E. The applicant shall submit a Fencing Plan for review and acceptance if not
utilizing the perimeter game fence with gates as stated in the application
materials.
F. The applicant shall submit any screening waivers, from residents
within 500 feet,to the Department of Planning Services.If waivers are not
obtained,opaque screening is required,per the accepted Landscape and
Screening Plan.
G. If utilizing a vegetative material for visual mitigation to screen the facility
from adjoining properties to the west and north,the applicant shall submit
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PAGE 6
an Irrigation Plan to the Department of Planning Services,for review and
acceptance.
H. A Road Maintenance Agreement(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.
I. A Final Drainage Report and Certification of Compliance,stamped and
signed by a Professional Engineer,registered in the State of Colorado,is
required.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0027.
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) The applicant shall show the floodplain and floodway(if applicable)
boundaries on the map.Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
6) 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.
7) 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.
8) 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.
9) Trash collection areas,if applicable.Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
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10) Planned oil and gas surface development areas,corridors,access
roadways,etc.,as part of any executed Surface Use Agreement,if
applicable.
11) Screening Plan for residences within 500 feet unless a waiver from
the resident has been supplied to the Department of Planning
Services.
12) County Road 64 is a paved 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 or plat.All setbacks shall be
measured from the edge of the right-of-way.This road is maintained
by Weld County.
13) This portion of County Road 62 is under the jurisdiction of the City
of Greeley. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way and show the
approved access(es)on the site plan and label with the approved
access Permit Number,if applicable.
14) The applicant shall show and label the proposed access point onto
County Road 64 and the usage type (Agriculture, Residential,
Commercial/Industrial,or Oil and Gas).Development Review will
review the access location as a part of the plan submittal.
15) 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.
16) The applicant shall show and label the drainage flow arrows.
17) If applicable, show and label the accepted drainage features.
Stormwater ponds should be labeled as"Stormwater Detention,
No-Build or Storage Area"and shall include the calculated volume.
18) 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
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County Department of Planning Services.Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval.The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services.The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code.The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code,should the map not be
recorded within the specified timeline from the date 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. The approved access and tracking control shall be constructed.
C. If more than one(1)acre is to be disturbed,a Weld County Grading Permit
will be required.
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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PAGE 9
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 13th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: C&--11.44.4) ;ok EXCUSED
Mik eman,Chair
Weld County Clerk to the Board
BL 1
,, 1W IL Perry L. ck,Pro-Tern
/� U
Deputy Clerk to the Board
•+t K.James
APP VED O ''M: ,+s+►' `
'.1161 `wr_ '.Ross
County orney
Sain
Date of signature: 7)-t
2023-3523
PL2852
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP LAND 2,LLC,C/O CBEP SOLAR 9,LLC,
AND ECA CO LEAD
1 MJUSR23-22-0027
1. Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR23-22-0027, 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 twenty-five(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 be submitted to,and approved by,the Department of
Planning Services,per Section 23-4-1030.C.3 of the Weld County Code,as amended.
9. Dust mitigation.The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code,as amended.
10. Underground cables.All electrical cables on the improved area shall be buried,except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four(4)feet above
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PAGE 2
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 Public Works,pursuant
to the provisions of Chapter 23, Article XIV of Chapter 8 of this Code, per
Section 23-4-1030.C.8 of the Weld County Code,as amended.
14. Existing irrigation systems.The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems,on,or adjacent,to the solar facility,per
Section 23-4-1030.C.9 of the Weld County Code,as amended.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan.Weld County shall have the right to draw upon the irrevocable standby
letter of credit,or other form of financial security,to pay for decommissioning in the event
that the holder has not commenced decommissioning 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 accepted Property Maintenance Plan.
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 the replacement
of any required plantings that become diseased infested,or otherwise unhealthy,which
shall be replaced within the growing season,or next calendar year,whichever occurs
sooner.
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20. The property owner shall maintain compliance with the Dry-Up Covenant and Easement,
recorded September 28,2015,under Reception No.4145503,at all times.
21. 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.
22. 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.
23. 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.
24. 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.
25. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
26. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment,as applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone,as delineated in C.R.S.§25-12-103.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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.
30. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
31. 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.
32. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
33. Weld County is not responsible for the maintenance of on-site drainage related features.
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34. The historical flow patterns and runoff amounts on the site will be maintained.
35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
39. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three(3)years from the date of approval,unless otherwise specified
by the Board of County Commissioners when issuing the original Permit,or the Permit
shall be vacated.The Director of the Department of Planning Services may grant an
extension of time,for good cause shown,upon a written request by the landowner.
40. 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.
41. 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
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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.
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some of
the most abundant mineral resources,including,but not limited to,sand and gravel,oil,
natural gas,and coal.Under Title 34 of the Colorado Revised Statutes,minerals are vital
resources because(a)the state's commercial mineral deposits are essential to the state's
economy;(b)the populous counties of the state face a critical shortage of such deposits;
and(c)such deposits should be extracted according to a rational plan,calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development.Often,mineral resource
sites are fixed to their geographical and geophysical locations.Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
43. The Weld County Right to Farm Statement,as it appears in Section 22-2-30.A.4.a of the
Weld County Code,shall be placed on the map and recognized at all times.
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