HomeMy WebLinkAbout20230954.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement
for: Willard and Linda Owens do USS Picadilly Solar LLC — USR22-0007
DEPARTMENT: Planning Services DATE: March 21, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/Issue:
The Department of Planning Services received a request from the applicant, Willard and Linda Owens c/o USS
Picadilly Solar LLC, requesting that the Board of County Commissioners consider approving the Road
Maintenance During Construction Agreement for (USR22-0007). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above
mentioned signed original document and observed the following:
All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found
to be acceptable.
This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for USR22-0007, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
cc :PL(oa/STM/KR/MN) 2023-0954
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007
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THIS AGREEMENT is made this %9 day of Nita , 2023 , by and between Willard and
Linda Owens, 3525 Diane Place, Greeley, Colorado 80631 c/o USS Picadilly Solar, LLC, 100 North 6th Street,
#410B, Minneapolis, Minnesota 55403, hereinafter referred to as "Property Owner," authorized to do business
in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of Weld,
Colorado:
Lot A of Recorded Exemption, RECX15-0100; being part
of the NE1/4, and Lot B od Recorded Exemption, RE -
3479; being part of the E1/2 NE1/4, all in Section 23,
Township 6 North, Range 67 West of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received the Board of Weld County Commissioners conditional
approval of USR22-0007, and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly
associated with USR22-0007, for an extended period of time; and
WHEREAS, the County, and Property Owner are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additional traffic.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. Haul/Travel Routes: The Property Owner shall be fmancially responsible for its proportional share
of the associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 23 between approved site access and Highway 292.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 23 and travel north -south to
State Highway 392 for further dispersal. Any County roads used by traffic associated with USR22-0007 may
become part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and
axle configurations unless overweight permits have been applied for and granted.
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4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months
or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the
haul/travel routes designated herein and provide notice to the Property Owner.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
C. Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which
in the sole opinion of County has been created by vehicle traffic to and from the Property. Should Property
Owner's site activities or vehicle circulation patterns change in the future so that County approves an alternate
haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the
above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate
with County in maintenance of said roads which are included within the new haul route. The type and method
of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48
hours of notification by the County for any roadway damage that exposes the driving public to adverse or
unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's
written notice.
1.1
Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic
that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
Damage. Property Owner shall identify the repair required and shall consult with County on the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within
twenty-four (24) hours after receipt of such notice and shall commence such repair within
forty-eight (48) hours after receipt of such notice. If Property Owner identifies Significant
Damage prior to receiving notice thereof from County, Property Owner may commence repair of
such Significant Damage and shall concurrently notify County of the extent, type, timing,
materials, and quality of repair (i.e., temporary versus permanent).
1.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property
Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated
as described in this Agreement.
2.0 Proportionate Share of Road Maintenance Responsibilities:
2.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs, or maintenance of any particular Haul Route Road. Property Owner's Proportionate Share
shall be based upon the percentage of traffic on the road that is attributable to Property Owner's
facility. County personnel will determine the percentage based on then current Equivalent Single
Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not sourced
from the Property Owner's facility.
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2.2 The County shall notify Property Owner of County's preliminary determination and assessment
of Property Owner's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Property Owner with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider Property Owner's input prior to making a final determination
and assessment. The County shall have sole responsibility for determination of Property Owner's
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits: Property Owner is required to apply for and receive all permits required by the County or any
other applicable local, State, or federal permit, including but not limited to:
1. Access Permits. Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Planning Services. Planning Services may
condition the issuance of an updated access permit on the amendment of this Agreement if the updated
access permit authorizes the use of an additional access point, or if there is a change in use of the
current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code.
2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No
work shall occur without said ROW permit.
3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport
Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and
movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and
description caused by, arising from, or on account of said design and construction of the site specific Use
associated with USR22-0007, and pay any and all judgments rendered against the County on account of any
such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in
defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage
arising from the intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment.
3.0 Liability for Damage to Road. Property Owner shall be financially responsible for any and all damage
caused to any Weld County Road as a result of the design and construction of the site -specific Use associated
with USR22-0007, without regard to the negligence, or lack thereof, of Property Owner or its agents. This
provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Owner has violated any
of the terms of this Agreement, County shall so notify Property Owner and shall state with specificity the facts
and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days
within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this Agreement or otherwise provided by law.
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007 - RMCA23-0004
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2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of
the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR. A partial cessation of
activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Property Owner of
cessation of activities, and verified by the County, cessation shall be presumed if the County
determines that the USR has been inactive for three (3) years.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Property Owner or Operator who has
purchased the Property or has assumed the operation of the business permitted by the USR and
intends to make use of the rights and privileges available to it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of Property
Owner's USR, except that the Property Owner shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement.
2.4 Completion of Construction: This Agreement shall terminate following Property Owner's
completion of construction of the facilities authorized by the underlying USR. Property Owner
shall notify the County of completion.
3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the material terms of
this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole reasonable
discretion by proceeding with revocation under the then current provisions of the Weld County Code.
4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall
be accomplished by County's execution of a new Improvements Agreement with the successor owner
of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007 - RMCA23-0004
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4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or
Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and
description caused by, arising from, or on account of the design and construction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the
negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage
arising from the intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability insurance
coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such party's obligations
hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such
party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide
the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007 - RMCA23-0004
Page 5 of 7
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007 - RMCA23-0004
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PROPERTY O y Solar, LLC
2
By: Date 3
Name: ?QIc-P 2 l eer r
Title: k. i Cc ?KGs rOcn.
STATE OF MINNESOTA
SS.
County of Hennepin
Z3
The foregoing instrument was acknowledged before me this IM day of Ma fC,}'1 ,
2023 , by Reed \icherso
_WITNESS mv-hand and ficial seal.
, ,, Luke Daniel Gildemeister
Notary Public
", a= Minnesota
_\; wh Commission Expires January 31, 2028
Notary Public
WELD COUNTY:
� G�
ATTEST: di, v•:� BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
B
Deputy Clerk to the Board
Freeman, Chair
APR 0 J 2023
Willard and Linda Owens c/o USS Picadilly Solar, LLC — USR22-0007 - RMCA23-0004 ��Z ���
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Page 7 of 7
USS PICADILLY SOLAR LLC
Entity ID*
OO0046879
Contract Name*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT
WILLARD & LINDA OWENS C/O USS PICADILLY SOLAR LLC
USR22-0007
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6798
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtruj iliomarti nez@weldgov. c
om
Parent Contract ID
Requires Board Approval
YES
Department Project*
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT WILLARD & LINDA OWENS C/O USS PICADILLY SOLAR LLC
USR22-0007 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewabl
NO
Automatic Renewal
Department
PLANNING
Department Email
CM-Planning@weldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELDG
OV.COM
Requested BOCC Agenda
Date.
04/10/2023
Due Date
04,06/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
d this its crl a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Review Date.
04/10/2024
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date*
04/10/2026
Contact Name
Contact Type
Contact Email
Contact Phone 1
Contact Phone 2
Purchasing Approver
CONSENT
Approval
Pre
Department Head
DAWN ANDERSON
DH Approved Date
04/03/2023
BOCC Approved
MCC Signed Date
BOCC Agenda Date
04/05/2023
Originator
JTRUJ ILLOMARTI NEZ
Finance Approver
CONSENT
Purchasing Approved Date
04/03/2023
Finance Approved Date
04/03/2023
Tyler Ref #
AG 040523
Legal Counsel
CONSENT
Legal Counsel Approved Date
04/03/2023
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0007, FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 15th day of
June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado 80631,
c/o USS Picadilly Solar, LLC, 100 North 6th Street, #4108, Minneapolis, Minnesota 55403, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0007, for a Solar
Energy Facility in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RECX15-0100; being
part of the NE1/4, and Lot B of Recorded Exemption,
RE -3479; being part of the E1/2 NE1/4, all in
Section 23, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #410B, Minneapolis, Minnesota 55403, 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
and any other applicable Code provisions or ordinance in effect.
1) The proposal is consistent with the entirety of the Comprehensive
Plan and more specifically the following goals.
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a. Section 22-2-30.C states: "Harmonize development with
surrounding land uses/ The adjacent land will experience
minimal nuisance from the Solar Energy Facility, which is an
unmanned energy development facility. The applicant, has
proposed screening and landscaping options for residences
within 500 feet of the facility. Some residents do not desire
to be screened from ,the facility, as the screening may
impede mountain views. The applicant will submit waivers
from these residents.
b. Section 22-2-30.D states: "Collaborate on County -wide
transportation and land use plans." The applicant has
proposed access onto County Road 23 at an existing
permitted access point. An Industrial Access Permit will be
necessary prior to construction. County Road 23 is
designated as a collector road. No concerns were indicated
in the Development Review referral, dated March 11, 2022.
The property also has. access to Stagecoach Road,. but this
access will not be used by the solar facility.
c. 22-2-60.6 states: "Support responsible energy and mineral
development." Accordingto the application, the . Solar
Energy Facility will connect into the Xcel Energy power grid:
The application statesthat efforts will be made to protect the
soil and minimize the impacts to the area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District and a Solar Energy Facility is permittable
under Section 23-3-40.FF.
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
proposal meets the intent of the 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. There are nine (9) parcels within
500 feet containing ten (10) residences. Surrounding property owners were
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contacted by the applicant. Some have requested screening and others
desire no screening. The County also notified these property owners, and
no responses were received. The proposed screening and landscaping,
Conditions of Approval and Development Standards will assist inmitigating
the impacts of the facility on adjacent properties and ensure compatibility
with surrounding land uses and 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 Solar Energy Facility is proposed to be less than 160
acres in the near -urban area, so it does not require a 1041 review. The site
is designated as an Opportunity Zone on the Weld County Comprehensive
Plan and is located within the three (3) mile referral area and Coordinated
Planning Agreement areas for the Towns of Windsor and Severance. Both
towns responded with no concerns or recommendations. The applicant
was encouraged to contact the nearest municipality, the Town of
Severance, to discuss annexation. The town did not express interest in
annexation of the project and replied with "no concerns" to the project being
developed in unincorporated Weld County in the referral response, dated
March 15, 2022. The site is within the Growth Management Area for the
Town of Windsor, even though it is not eligible for annexation. The Town
of Windsor indicated that the light industrial use of the property as a solar
facility complies with the Windsor Land Use Map in the March 8, 2022,
referral response.
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 not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or 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 23-2-230.8.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the facility will be located on Kim loam and Otero sandy
loam soils, which are classified with an A rating, per the soil report dated
February 9, 2022, from the Natural Resource Conservation Service Soil
Survey. These have a high infiltration rate and low runoff potential. Only
2.5 acres of the site are on soils rated B or C. The land is partially classified
as farmland of statewide importance and prime farmland, if irrigated. The
land has not been irrigated since 2005. The applicant indicated that the
land may be returned to agricultural production if the site is
decommissioned.
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G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 and
Section 23-4-1030, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Willard and Linda Owens, c/o USS Picadilly Solar, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0007, for a Solar
Energy Facility 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 address the requirements of Xcel Energy, as stated in
the updated referral response, dated April 7, 2022. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the concerns of HCW Investments, LLC,
regarding historic water diversion, as stated in the response dated June 14,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments of
Windsor -Severance Fire Rescue, as stated in the referral response, dated
March 21, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet.
E. 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.
F. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes during construction.
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SPECIAL REVIEW PERMIT (USR22-0007) - WILLARD AND LINDA OWENS,
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G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0007.
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) 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.
5) 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.
6) 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.
7) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
8) Setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located
in Section 23-3-70.E of the Weld County Code.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) All recorded easements and rights -of -way on the map by book and
page number or Reception number and recording date, including
the 30 -foot minimum access and utility easement along the eastern
border of Lot B of Recorded Exemption, RE -3479.
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12) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the approved access location
onto County Road 23, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain an Access
Permit in the approved location prior to construction.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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. 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.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. Obtain an Access Permit, specific to the type of activity, for the access
location onto County Road 23.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL[yCOUNTY, COLORADO
ATTEST: dialfm) bido:t•i
Weld County Clerk to the Board
County Attorney
Date of signature: 7/7/2-2
t K. James, Chair
Mi
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
USR22-0007
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0007, is for a
Solar Energy Facility 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. 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 natural grade below each solar panel to the highest extent of
the solar panel rotation.
6. Glare. The Solar Energy Facility 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.
7 Dust mitigation. The operators of the SEF shall continuously employ the practices for
controlling fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
8. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
9. Fencing. The Solar Energy Facility shall be enclosed with a security fence, as approved,
pursuant to the Fencing Plan shown heron. Appropriate signage shall be placed upon
such fencing that warns the public of the high voltage therein.
10. Stormwater management. The Operator of the Solar Energy Facility 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).
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11. 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.
12. The site shall be maintained in accordance with accepted Property Maintenance Plan.
13. 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.
14. 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.
15. 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.
16. 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.
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. 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. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
30. 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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