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Home My WebLink About20231369.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for: Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 DEPARTMENT: Planning Services DATE: April 25, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief'description of the problem/issue: The Department of Planning Services received a request from the applicant, Lytle Farms, LLC do SunShare, LLC DBA BecLee Solar, LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (USR22-0024). 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 USR22-0024, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. A rove Recommendation Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine ,5"- O2,3 arl-1--4 Schedule Work Session Other/Comments: An/; PI" <DA/sm / KR/DA) o5f O3 f91'") W/s-Az 2023-1369 ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 THIS AGREEMENT is made this 19 day of N r.. \ , 2023 , by and between Lytle Farms, LLC, 21417 County Road 66, Greeley, Colorado 80631, c/o SunShare, LLC DBA BecLee Solar, LLC, 1724 North Gilpin Street, Denver, Colorado 80218, a limited liability company organized under the laws of the State of Colorado, 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 B of Family Farm Division, FFD21-0008; being part of the E1/2 SW1/4 of Section 22, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Board of County Commissioners conditional approval of USR22-0024, and WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly associated with USR22-0024, 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 . HauUTravel Routes: The Property Owner shall be financially 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) East and west along CR 66 between CR 47 and approved site access. 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 66 and remain on paved roadways for further dispersal. Any County roads used by traffic associated with USR22-0024 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. Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 - RMCA23-0008 f/ Page 1of7 „Q&-% 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 Off -Site Dust Control/Abatement: The Property Owner is required to provide dust abatement along affected haul route roads, as determined by the County. County will determine the proportionate share of dust control to be paid by Property Owner. The amount and extent of dust control measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the Property Owner's facility. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 2.0 Obligation to Maintain Current and Future Haul Routes: Property 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. 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property 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). 2.2 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. 3.0 Proportionate Share of Road Maintenance Responsibilities: Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 - RMCA23-0008 Page 2 of 7 3.1 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. 3.2 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 USR22-0024, 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 USR22-0024, 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 Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 - RMCA23-0008 Page 3 of 7 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. 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 Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 — RMCA23-0008 Page 4 of 7 such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property 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 Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 — RMCA23-0008 Page 5 of 7 hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property 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 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. Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 — RMCA23-0008 Page 6 of 7 PROFWNER: Be e Solar, LLC By: Name: J/4c,,EJ Title: (:ELD S �lJe� ✓�1r/ STATE OF COLORADO County of Weld ale ate V/ SS. MACKENZIE MARIE MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224044820 MY COMMISSION EXPIRES NOVEMBER 26.2026 The foregoing instrument was acknowledged before me this 19 day of As,,r' t , 202_, by avi c Afr,s{er- OlS2e,5Sk� WITNESS my hand and official seal. WELD COUNTY: ATTEST: „ A) �• `� ' BOARD OF COUNTY COMMISSIONERS Weld .0 Clerk to the Boa WELD COUNTY, COLORADO 7:7 BY: Cler o the Boar. I , t ike Freeman, Chair MAY , 5 2323 eputy Lytle Farms, LLC c/o SunShare, LLC DBA BecLee Solar, LLC — USR22-0024 — RMCA23-0008 Page 7 of 7 020.23- /36, Contract Form New Contract Request Entity Information Entity Name. SUNSHARE LLC Entity ID (,00O44030 ❑ New Entity? Contract Name. Contract ID ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6903 LYTLE FARMS, LLC CJO SUNSHARE, LLC DBA BECLEE SOLAR, LLC USR22-624 Contract Lead* Contract Status CTB REVIEW JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez•Oiweldgov.c one Parent Contract ID Requires Board Apprc YES Department Project I Contract Description. ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT LYTLE FARMS, LLC C'© SUNSHARE.. LLC ORA RECLEE SOLAR, LLC. USR22-0024 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* CONTRACT Amount* 90.00 Renewable. NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Pianningrnweldgovr.com Department Head Email CM -Planning- Does Contract require Purchasing Dept. to be included? DeptHeadUweld€gov.r_om NO Requested BOCC Agenda Date. 65.=10,2623 Due Date U5='66'2623 Will a work session with BDCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Effective Date Review Date. 05,; 10,2©24 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date 05 10,2025 Contact Information Contact Info Contact Name Purchasing Approval Process Department Head TOM PARK° jR, DH Approved Date 04=27?2023 Final Approval B0CC Approved B0CC Signed Date B0CC Agenda Date 05, 1 5, 2023 Originator Contact Type Finance Approver CHERYL P,ATTELLf Contact Phone I Contact Phone 2 Purchasing proved Date Legal Counsel BRUCE PARKER Finance Approved Date Legal Counsel Approved Date 04 27;2023 04 28'2023 Tyler Ref # AG 051523 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE 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 7th day of December, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Lytle Farms, LLC, 21417 County Road 66, Greeley, Colorado 80631, c/o SunShare, LLC, dba BecLee Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0024, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Family Farm Division, FFD21-0008; being part of the E1/2 SW1/4 of Section 22, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on December 7, 2023, the matter was continued to January 18, 2023, to allow for the case to be heard by the Planning Commission; however, due to inclement weather conditions on January 18, 2023, the case was rescheduled to the following Wednesday, January 25, 2023, per the updated and published Agenda, and WHEREAS, at said hearing, the applicant was represented by Elizabeth Scanlon, Sunshare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, 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. Ce:PL (TP/MN/DR/DR), CA(K+-t), APPL., APPL. REP. 03/03/23 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 2 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 County's economy, land use processes and decisions based on the [Comprehensive Plan] shall be consistent and promote financially responsible growth." This Solar Energy Facility (SEF) will provide construction jobs and energy to Weld County. These functions 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 closest residence is approximately 750 feet from the SEF and is owned by the same property owner as the subject property. Since the closest residence is greater than 500 feet from the SEF no screening or waivers are required. 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." 2) Section 23-3-40.FF — Uses by Special Review, of the Weld County Code includes, "Solar Energy Facilities, 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 Code, a "Solar Energy Facility" means: "a commercial facility whose primary purpose is to supply electricity and consists of one or more 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 3 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 31 acres of the 71 -acre parent parcel and qualifies as an SEF USR. This USR facility will also include one (1) storage container (conex) for storing spare modules and other spare parts, being Accessory Uses, permitted by Section 23-3-30.8 of the Weld County Code. C. Section 23-2-230.8.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops and rural residences. There are three (3) rural residences that are less than 200 feet from the site; however, these residences are more than 500 feet from the SEF. The closest residence is owned by the same property owner as the subject property. There are no residential dwellings closer than 500 feet. There are 16 USRs within one (1) mile of the site. USR-1764 for parking and maintenance of a tank service company, and USR13-0060 for a landscaping company along with truck parking and an office for a crude oil transportation company are located northwest of the site. SUP -191 for a feedlot for 18,400 cattle, and USR18-0057 for a 16 -inch high-pressure natural gas pipeline are both located northeast of the site. USR-1654 for beet storage, USR13-0026 (5th Amendment to USR-552) is for a natural gas processing facility and communications tower, and USR13-0032 and USR16-0005 are both for 115 kV transmission lines. These four (4) USRs are located southwest of the site. USR-1386 for a bed and breakfast, 1 MUSR18-12-0074 fora natural gas pipeline that is greater than 10 inches in diameter and a pump station, USR14-0021 and USR14-0022 for 16 -inch natural gas pipelines are all located south of the site. USR15-0068 and USR15-0037 are for oil and gas storage facilities with transloading and a construction laydown yard, USR16-0016 is for a crude oil polishing terminal, transloading, and outdoor equipment and materials storage yard. These USRs are all located southeast of the site. Finally, USR18-0015 for an event facility for weddings and similar gatherings is located west of the site. Weld County Department of Planning Services staff sent notice to 11 surrounding property owners (SPOs) within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. Based on the referral agency responses, the location of the site and the closest residence about 750 feet south of the SEF, the proposed use 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 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 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 4 Chapter 22 of this Code or master plans of affected municipalities. This site is not located within a Coordinated Planning Agreement (CPA) boundary. The site is located within the three (3) mile municipal referral radius of the City of Greeley. The City of Greeley, Community Development Department, in their referral dated September 1, 2022, stated the site is located within the City of Greeley's Long Range Expected Growth Area and is depicted as Urban Reserve on the City's Comprehensive Plan. The City of Greeley also stated their review finds this request to be in compliance. E. Section 23-2-230.B.5 — The application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area, identified by maps officially adopted by the county. The property is not located within any overlay district officially adopted by the County, including, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. The property is located in the A -P (Airport) Overlay District. The Greeley -Weld Airport Authority did not respond with any referral agency comments. The SEF solar panels are mounted to single -axis tracking arrays, which sit parallel to the ground and follow the path of the sun across the sky. The panels face east in the morning, lay flat at noon, and face west in the evening. The modules utilize a non -reflective glass, which eliminates glare concerns. Building Permits issued on the lot 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 is on approximately 15 acres of soils identified as "Prime Farmland if Irrigated" with low -slope (0-1%), Nunn clay loam, approximately 10 acres of soils identified as "Farmland of statewide importance" with medium -slope (3-5%), Otero sandy loam, and approximately 5 acres of soils identified as "Prime Farmland if irrigated with soil erodibility" with low -slope (0-1%) Otero sandy loam. The proposed use of the property for an SEF will not remove topsoil from the property. After the life of the Solar Energy Facility, the land may be returned to historic uses. The SEF is compatible with traditional A (Agricultural) Zone District uses as it will not inhibit farming practices outside of the project area and a grassland vegetative cover will be maintained under the solar panel arrays. The property owner owns one (1) share of irrigation water, which is about ten percent (10%) of the water needed to completely irrigate the 80 -acre farm to its full potential. The owner is currently renting water and the crops are far less productive, due to the type of irrigation they use, and far less economical, due to the need to rent so much water at high cost. The money generated from the lease for this SEF will pay for improvements to the farm and allow for increased productivity on the 30-35 acres that will remain farmed. 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 5 G. Section 23-2-230.B.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Lytle Farms, LLC, c/o SunShare, LLC, dba BecLee Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0024, 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. An updated Decommissioning and Reclamation Plan shall be submitted, which addresses the items listed in Section 23-4-1030.B.4 of the Weld County Code. B. The applicant shall submit an executed Interconnection Agreement to the Weld County Department of Planning Services. C. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and Gas Energy Department, as stated in the referral response, dated August 30, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. 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. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR22-0024. 2) The attached Development Standards. 3) The map shall be prepared, per Section 23-2-260.D and Section 23-4-1030 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 and label any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 6 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. 6) 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. 7) The applicant shall show and label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design criteria. 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 applicant shall show and label the 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. 10) The applicant shall show and label any planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement. 11) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or Reception number and recording date. 12) County Road 66 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 or plat. 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, approved access width, and the appropriate turning radii on the USR map. The applicant must obtain an updated Access Permit in the approved location, prior to construction. 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 7 14) 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. 15) The applicant shall show and label the drainage flow arrows. 16) 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 is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any Building or Electrical Permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 5. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. B. The approved access and construction tracking control shall be constructed prior to on -site construction. 2023-0186 PL2846 SPECIAL REVIEW PERMIT (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 8 C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 6. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency Management and the Eaton Fire Protection District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District, and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Weld County Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did:de& ;,1 Weld County Clerk to the Board BY: APP ounty orney Date of signature: O Mks-€neman, Ch ck, Pro-Tem Scott K. James Lori sine 2023-0186 PL2846 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC USR22-0024 1. Site Specific Development Plan and Use by Special Review Permit, USR22-0024, 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 facility is unmanned and will operate year-round, according to the application materials. Limited maintenance personnel may visit the site once operational. 4. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of , any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 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 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. 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, 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. 2023-0186 PL2846 DEVELOPMENT STANDARDS (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 2 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 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 Chapter 8, Article XI of this 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. 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. 13. 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. 14. The site shall be maintained in accordance with the accepted Property Maintenance Plan. 15. The site shall be maintained in accordance with the accepted Lighting 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. 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. 18. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 19. Them shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 20. 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. 2023-0186 PL2846 DEVELOPMENT STANDARDS (USR22-0024) - LYTLE FARMS, LLC, CIO SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 3 21. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 22. Weld County is not responsible for the maintenance of on -site drainage related features. 23. The historical flow patterns and runoff amounts on the site will be maintained. 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. Building Permits shall be required for any new construction or setup of a manufactured structure (buildings and/or structures), 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 Chapter 29 of the Weld County Code, and the adopted codes at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, and the 2020 National Electrical Code. 31. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 32. 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. 2023-0186 PL2846 DEVELOPMENT STANDARDS (USR22-0024) - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC PAGE 4 33. 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 permitd. Any other changes shall be filed in the office of the Department of Planning Services. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 2023-0186 PL2846 Hello