HomeMy WebLinkAbout20230327.tiffRESOLUTION
RE: GRANT ZONING PERMIT, ZPSF22-0004, FOR A SOLAR ENERGY FACILITY
(3.51 ACRES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JANSSEN FARMS,
LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the
8th day of February, 2023, considered the request of Janssen Farms, LLC, 13510 State
Highway 14, Ault, Colorado 80610, do SunShare, LLC, dba Grizzly Solar, LLC, 1724 Gilpin
Street, Denver, Colorado 80218, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility
(3.51 acres) in the A (Agricultural) Zone District, and
WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being
more particularly described as follows:
Part of the NW1/4 of Section 8, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on February 8, 2023, the Board deemed it advisable to continue said hearing
to March 1, 2023, to allow the applicant adequate time to incorporate new information they
recently received, and
WHEREAS, on March 1, 2023, the Board of County Commissioners heard all of the
testimony and statements of those present, studied the request of the applicant and the
recommendation of the Weld County Department of Planning Services and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-4-460 of the Weld County Code for a Solar Energy Facility less than
Five (5) Acres (5 ACRE SEF).
2. It is the opinion of the Board that the applicant has shown compliance with
Section 23-4-455 of the Weld County Code as follows:
A. Section 23-4-455.F.3 states, "Setbacks. The improved area of the
5 ACRE SEF shall conform to the setback requirements of the underlying
zone. Additionally, the improved area must be at least five hundred (500)
feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. The residential setback
requirement may be reduced if appropriate screening through landscape
or an opaque fence is installed, or upon submittal to Weld County of a
waiver or informed consent signed by the residence owner agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback,
a landscaping plan or fencing plan shall first be submitted to and approved
cc: QL(TP/MN/DO CA(KP ), APPL. 2023-0327
o3/2.I /23 P2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 2
by the Department of Planning Services." Three (3) residences appear to
be within 500 feet of the SEF footprint, per the application materials. Such
residents were notified by the applicant via letter, prior to submittal of the
ZPSF application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar,
LLC, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the
A (Agricultural) Zone District, on the above described parcel of land, be, and hereby is, granted
subject to the following conditions:
1. Prior to the release of Building Permits:
A. The applicant shall attempt to address the referral comments in the Xcel
Energy referral, dated July 7, 2022. Evidence of such shall be provided to
the Department of Planning Services.
B. The applicant shall submit an updated Landscaping and Screening Plan
that reflects the updated Vegetation Plan, determined by the applicant and
surrounding property owners.
C. The applicant shall submit a Road Maintenance Agreement for
Construction activities required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes.
D. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of Security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by the Weld County Code.
Weld County, in its sole discretion, may approve alternative forms of
Security such as, but not limited to bonds, letters of credit, corporate
guarantees from electric utilities serving the County, or other securities, if
it finds that such alternative forms will provide an assurance of the
availability of financial resources for decommissioning/reclamation that
equals or exceeds that provided by the form required herein. The method
and object of Security shall be approved by the Weld County Attorney. The
Security shall:
1) Name the Board of County Commissioners of Weld County as the
sole beneficiary of the letter of credit;
2) Be issued by an A -rated financial institution based upon a rating
provided by S&P, Moody's, Fitch, AM Best, or other rating agency
with similar credentials;
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT (ZPSF22-0004) - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC,
DBA GRIZZLY SOLAR, LLC
PAGE 3
3) Include an automatic extension provision or "evergreen clause";
and
4) Be "bankruptcy remote," meaning the Security will be unaffected by
the bankruptcy of the 5 ACRE SEF operator.
2. Prior to construction:
A. Building Permits shall be obtained for the 5 ACRE SEF and must comply
with all installation standards of Chapter 29 of the Weld County Code.
B. Any development in the floodplain requires a Floodplain Permit.
C. The approved access and tracking control shall be constructed prior to
on -site construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: de,t444) ' jC,LtD•e1
Weld County Clerk to the Board
ounty A ey
Date of signature: 03/1,03
1/__1_,Ei-i__________
Mike man, Chair ����
D/V7ti ��.G�
2023-0327
PL2858
ZONING PERMIT FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
ZPSF22-0004
1. The solar energy facility (5 ACRE SEF) is an unmanned facility less than five (5) acres in
size.
2. No water or sewage disposal services are proposed as part of the 5 ACRE SEF.
3. Any future structures or uses onsite must obtain the appropriate zoning and Building
Permits.
4. The applicant accepts responsibility to decommission the site when the facility is deemed
obsolete, in accordance with the accepted Decommissioning and Reclamation Plan.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation.
6. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar
glare from its solar collectors will not be directed toward or onto nearby properties or
roadways at any time of the day.
7 Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback
requirements of the underlying zone. Additionally, the improved area must be at least
500 feet from existing residential buildings and residential lots of a platted Subdivision or
Planned Unit Development. The residential setback requirement may be reduced if
appropriate screening, through landscape or an opaque fence, is installed, or upon
submittal to Weld County of a waiver or informed consent signed by the residence owner
agreeing to the lesser setback.
8. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices
for control of fugitive dust detailed in the accepted Dust and Weed Mitigation Plan.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
10. Fencing. The 5 ACRE SEF shall be enclosed with a security fence, as approved, pursuant
to a Fencing Plan submitted to the Department of Planning Services. Appropriate signage
shall be placed upon such fencing that warns the public of the high voltage therein.
11. Stormwater management. The 5 ACRE SEF shall comply with the accepted Final
Drainage Report.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 2
12. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must
not unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
13. Security. An irrevocable standby letter of credit, bond, or alternate form of Security in an
amount sufficient to fund the estimated decommissioning/reclamation costs required by
the Weld County Code shall be held for the life of the project. The letter shall name the
Board of County Commissioners of Weld County as the sole beneficiary; be issued by an
A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM
Best, or other rating agency with similar credentials; include an automatic extension
provision or "evergreen clause;" and be "bankruptcy remote," meaning the Security will be
unaffected by the bankruptcy of the 5 ACRE SEF operator.
14. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) Preliminary FIRM Community Panel Map #08123C -1239E, effective date
January 20, 2016 (Eaton Draw Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
16. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
20. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement for Construction.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. The historical flow patterns and runoff amounts will be maintained on the site.
2023-0327
PL2858
DEVELOPMENT STANDARDS (ZPSF22-0004) - JANSSEN FARMS, LLC,
C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC
PAGE 3
23. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
24. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
25. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
26. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2023-0327
PL2858
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