HomeMy WebLinkAbout20231304.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, CIO PIVOT SOLAR 36, 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 17th day of
May, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jerry Loeffler, Personal Representative for Lydia Loeffler,
23896 County Road 35, LaSalle, Colorado 80645, c/o Pivot Solar 36, LLC, 1601 Wewatta Street,
Suite #400, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0008, 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:
North of the Lower Latham Drainage Ditch;
being part of the W1/2 NW1/4 of Section 1,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Sundman,
Pivot Solar 36, LLC, 1601 Wewatta Street, Suite #400, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
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2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 2
County's economy, land use processes and decisions based on this
plan [Comprehensive Plan] shall be consistent and promote
financially responsible growth."This Solar Energy Facility (SEF) will
initially provide construction jobs and energy to Weld County,
functions, which directly support economic prosperity. This SEF,
being a power -generating facility, will add variety, stability, and
redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This facility can complement and support the economy
during times of fluctuating oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
nuisance from the SEF, which is an unmanned energy development
facility. The proposed solar facility is proposed to be setback
approximately 550 feet from County Road (CR) 35 and will be
setback more than 500 feet from the nearest residences. Once
operational, the proposed SEF creates no noise, odor, light or
flickering, vibration, vermin, dust, or other nuisances. The operation
of the SEF is almost entirely unnoticeable to neighboring properties
and it will not impact surrounding property owners' right to quiet
enjoyment.
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." The
project is committed to donating 100% of the energy produced to
low-income Coloradans to assist in paying energy bills.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEFs), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than five (5)
acres, but less than 320 acres, in the Ag/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
2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, CIO PIVOT SOLAR 36, LLC
PAGE 3
Code, a "Solar Energy Facility" means: "a commercial facility whose
primary purpose is to supply electricity and consists of one or more
solar arrays and other accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 35 acres of a 66 -acre parcel and qualifies
as a SEF USR. This SEF may also include two (2) 40 -foot Conex
(cargo) containers during construction. Cargo containers are
allowed as an Accessory Use, per Section 23-3-30.B of the Weld
County Code. The applicant indicated a temporary office trailer may
be utilized during construction. If an office trailer is utilized during
construction, it will be removed from the property prior to operation.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are 13 properties that
surround this site. Eight (8) parcels with residences are located to the east
(on the west side of County Road 35), along with one (1) residence located
to the south, and one (1) residence located to the northwest. A Special Use
Permit for a kennel (SUP -446 — kennel for up to 20 dogs) is located to the
west, and a dairy (USR13-0012 - 7,500 head dairy) is located to the south.
The properties to the immediate northwest, and within one -quarter (1/4)
mile to the west, are in the City of Evans and have a City designated zoning
of 1-3, Heavy Industrial, and PUD. The application and draft USR map
delineate the boundaries of the solar facility on the eastern portion of the
property (setback from residences to the west and northwest). The
application also indicated that the solar facility will be setback more than
500 feet from the nearest residence. There is a Zoning Permit for a SEF,
less than (5) acres, that was approved in 2022, under case #ZPSF22-0001,
on the adjacent property to the north, which is under the same owner as
the proposed USR property and has not been constructed as of April 2023.
Weld County Department of Planning Services staff sent notice to
29 surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
proposed screening, Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and region.
D. Section 23-2-220.A.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 located within the three (3) mile referral area of
the Cities of Evans and Greeley, the Towns of LaSalle and Milliken, and
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 4
within the Cooperative Planning Agreement (CPA) boundaries for the
Towns of LaSalle and Milliken and the City of Evans. Notice of Inquiry forms
were provided to these municipalities in June 2022. The City of Evans and
Town of LaSalle, in their Notice of Inquiry responses, dated June 30, 2022,
and January 2023, respectively, indicated they were not interested in
pursuing annexation. No response was received from the Town of Milliken.
The Town of LaSalle, in their referral comments, dated February 14, 2023,
requested the western half of the property, adjacent to CR 35, remain open
for future development, and that the applicant obtain a Flood Hazard Permit
for any development in the floodplain and establish a haul route during
construction that avoids First Avenue in the Town of LaSalle. Conditions of
Approval requiring such are attached. The site is within the Town of
LaSalle's Primary and Secondary Growth Boundaries. The future land use
map is not available online. The Cities of Evans and Greeley in their referral
comments, dated January 26, 2023, and February 2, 2023, respectively,
indicated they have no concerns, and no referral response was received
from the Town of Milliken. According to the City of Evans' Community
Master Plan and corresponding future land use map the site is located
outside of the City's Urban Growth Boundary.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District or
Airport Overlay District. The property is located within a Special Flood
Hazard Area. 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 proposal is located on approximately 35 acres designated as
"Prime farmland if drained" and either protected from flooding or not
frequently flooded during growing season, with low slope (0 to 3 percent)
and poorly drained soils, per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report. The proposed use of the property for
an SEF will not remove topsoil from the property. After the life of the SEF
the land may be returned to historic uses. The application indicated well
water with limited pumping rights onsite. There are no records of irrigation
wells for agricultural production on this property. There is an existing Well
Permit, #92982-A, for domestic and livestock irrigation purposes and Well
Permit #133886, for livestock irrigation on the site. As of April 2023, a
portion of the site appears to be planted in grass/hay with a portion of the
site being disturbed ground/potentially cultivated -disked. The solar array
facility is proposed to utilize a native seed mixture that would help to
preserve the land for future agricultural use.
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 5
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. The
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 Jerry Loeffler, Personal Representative for Lydia
Loeffler, do Pivot Solar 36, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0008, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the parcel of land described above, be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement - Construction is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes.
B. The applicant shall contact the oil and gas or ditch owner to obtain, in
writing, permission to utilize their access road for an access.
C. The applicant shall submit the Interconnection Agreement.
D. There are two (2) existing residences on the property. One (1) residence
was constructed in 1910, and one (1) residence was constructed in 1937.
These residences were constructed before zoning was established on the
property. The applicant shall either: 1) submit a nonconforming use
application for one (1) of the existing residences, or 2) submit an application
for a Zoning Permit for a Second Dwelling for the second residence,
provided it meets the requirements of Chapter 23, Division 8 of the Weld
County Code.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0008.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
and Section 23-4-1030 of the Weld County Code.
2023-1304
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SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 6
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
6) The applicant shall show and label any existing and proposed solar
facility installations and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two (2), per Section 23-3-30.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) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan, if
applicable.
10) County Road 35 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
11) County Road 394 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 7
from the edge of the right -of- way. This road is maintained by Weld
County.
12) The applicant shall show and label the existing permitted access
point onto CR 35 and the usage type (Commercial). Development
Review will review the access location as a part of the plan
submittal.
13) 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.
Otherwise, show and label the drainage flow arrows.
14) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number.
15) The applicant shall show the inverter pad and extent of solar panels
on the map. The map shall identify the setback distance from the
nearest single-family residence. The solar panels shall be setback
a minimum of 500 feet from the nearest residence, as stated in the
application materials.
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. If there is any disturbance/construction in the floodplain, a Floodplain
Development Permit is required.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2023-1304
PL2870
SPECIAL REVIEW PERMIT (USR23-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 8
C. The approved tracking control shall be constructed.
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 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dator.s.) jdo4k,
Weld County Clerk to the Board
BY:
APP
County At • ''ey
Date of signature: D6107 23
11AR{� lt1
Milman, Chair
ate,e,4
Perry . Bucl Pro-Tem
S tt K. James
Lori Sain
7
2023-1304
PL2870
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR LYDIA LOEFFLER,
C/O PIVOT SOLAR 36, LLC
USR23-0008
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0008, 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site, once operational.
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, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
6. Glare. A SEF shall be designed, located, or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
7 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 landscaping 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.
8. 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.
9. 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
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts
(where necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended.
10. Fencing. The SEF shall be enclosed with a security fence, as approved, pursuant to the
Fencing Plan shown heron. Appropriate signage shall be placed upon such fencing that
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PL2870
DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 2
warns the public of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County
Code. All signs shall adhere to the adopted Weld County Sign Code, as amended.
11. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Article XI of the
Weld County Code. Ground -mounted solar collector systems shall be exempt from
impervious surface calculations if the soil under the collectors is designated hydrologic
A or B soil groups by the Natural Resources Conservation Service (NRCS), per
Section 23-4-1030.C.7 of the Weld County Code, as amended.
12. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an
approved Access Permit from the Weld County Department of Public Works, pursuant to
the provisions of Chapter 8, Article XIV of this Code, per Section 23-4-1030.C.8 of the
Weld County Code, as amended.
13. 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.
14. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per
Section 23-4-1030.B.4.h of the Weld County Code, as amended, Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning, in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or Resolution directing decommissioning/reclamation.
15. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
16. 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.
17. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
18. The property owner shall maintain compliance with the Decommissioning Plan and the
Communication Plan.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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PL2870
DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, 0/O PIVOT SOLAR 36, LLC
PAGE 3
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. Weld County is not responsible for the maintenance of on -site drainage related features
24. 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.
25. 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.
26. 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.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. 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.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Map Panel #08123C -1726F and 1730F, issue date
September 17, 2020 (South Platte River 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.
31. FEMA floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
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DEVELOPMENT STANDARDS (USR-0008) - JERRY LOEFFLER, PERSONAL
REPRESENTATIVE FOR LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC
PAGE 4
32. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2018
International Energy Conservation Code, 2020 National Electrical Code, and Chapter 29
of the Weld County Code. A plan review shall be approved, and a permit must be issued
prior to the start of construction.
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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
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written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
40. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
42. 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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