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BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
EXHIBIT
CASE NUMBER:
APPLICANT.
PLANNER
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5. LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
PART OF THE N2S2 AND SW4SW4 OF SECTION 3; T4N, R67W OF THE 6TH
P.M., WELD COUNTY; COLORADO.
NORTH OF AND ADJACENT TO STATE HIGHWAY 60; APPROXIMATELY
0 75 MILES WEST OF STATE HIGHWAY 257.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
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 this plan [Comprehensive Plan] shall be consistent and
promote financially responsible growth."
This Solar Energy Facility will provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy Facility. 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 Solar Energy Facility can complement and support the economy during times of fluctuating
oil and gas activity.
22-2-30. C. Harmonize development with surrounding land uses.
The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy
development facility. The residences in the area are more than five hundred (500) feet from the
facility. Additionally, the applicant is proposing screening and landscaping options along State
Highway 60.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code 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."
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 2
This code section supports the installation of the subject Solar Energy Facility, which is an
energy development The facility will provide power to be utilized by residences, businesses and
farming operations in Weld County
Section 23-3-40 FF — Uses by special review, of the Weld County Code includes, "Solar Energy
Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160)
acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but
less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B "
This code section allows the applicant to apply for the subject Solar Energy Facility, being
PP Y 1 Y.
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 solar arrays and other accessory
structures, equipment, including substations, switchyards, battery storage, electrical
infrastructure, generators, transmission lines, communications infrastructure, and other
appurtenanf structures and/or facilities " The SEF will encumber approximately twenty-eight and
a -half (28 5) acres and qualifies as an SEF USR
This USR facility will also include two (2) storage containers for construction and operation
usage, being Accessory Uses, permitted by Section 23-3-30 B of the Weld County Code
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent unincorporated lands to the north and south are zoned A (Agricultural) the lands to
the west are zoned 1-3 (Heavy Industrial) Despite 'the zoning the surrounding uses are
agricultural in nature except for the property east of and adjacent to the subject property which is
the Town of Johnstown's Wastewater Treatment Plant Colorado Sweet Gold Industrial Park with
an 1-3 (Heavy Industrial) zoning is located southwest of the site There are three (3) rural
residences in the area with the closet one being about 1,100 feet to the north This residence is
owned by the property owner The two (2) other residences are no closer than 1,400 feet The
Great Western Railroad is on the south boundary between the site and State Highway 60 There
are no residential dwellings closer than five hundred (500) feet
There are eight (8) USRs within one (1) mile of the site USR-823 for 230kVelectric transmission
lines is west of and adjacent to the site USR-1281 for a 150 -foot -tall telecommunications tower,
USR-1142 for a recreational facility, MUSR18-0003 for a substation and 115 kV antennas, and
USR-222 (SUP -222) for spray ponds are located south of the site USR-1706 for a 16 -inch
natural gas pipeline, USR-52 (CUP -52) for a golf course (Mad Russian), and USR-1277 for
herbal products processing are all located north of the site
The application materials state that there are two (2) options being considered for access to the
site the first one is access from the southern side of the parcel from State Highway 60 This
access location involves the crossing of a railroad line owned/operated by Great Western
Railroad The applicant shall contact the Railroad to determine if a crossing agreement is
required Additionally, accessing from State Highway 60 requires a Colorado Department of
Transportation (COOT) access permit An email received from COOT on August 30, 2022 states
that this USR should not use the State Highway 60 access for their traffic and that the Access
Control Plan shows this access as a field access and that is what it needs to remain - for
agricultural purposes
The second access is from the northern side of the neighboring property from County Road 48 5
The proposed access from County Road 48 5 is located at an existing unpermitted access point
and will involve traversing the parcel due north of the subject property that is currently under the
same ownership An easement may be required for this crossing either now or in the future if
ownership changes The applicant will be required to obtain an access permit for the access
location on County Road 48 5
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 3
Weld County Department of Planning Services staff sent notice to six (6) surrounding property
owners within 500 feet of the proposed USR boundary No written correspondence or telephone
calls were received
The proposed use is in an area that can support this development and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- That the uses which would 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 this Code or master plans of affected municipalities
The site is located within the Coordinated Planning Agreement Area (CPA) for the Towns of
Johnstown and Milliken As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI) The Town of Johnstown submitted a Notice of Inquiry dated March 14,
2022, with a letter attached that listed four (4) Conditions of Approval including a request for
dedication of right-of-way, clear identification of the thirty (30) foot sanitary sewer easement and
coordinating with the Town and the Town's Utility Department if the applicant intends to utilize
the access point from State Highway 60
Mr Zach Brammer with Cloud Break Energy (the authorized agent) replied to the Town of
Johnstown's request to annex with an email dated March 29, 2022 The email states, "I [Mr Zach
Brammer] had the chance to meet with the landowner, and he is potentially interested in
annexing the property into Johnstown, but he needs some time to think through the decision -and
consider all of his options (Milliken was also interested in annexing) So the plan he and I came
up with is that we are going ho continue permitting the solar projects with Weld County while he
and his family figure out the pros/cons of annexation (at some point, he will likely be reaching out
to you to set-up another meeting to discuss) and then make the final annexation decision after
our USR process with Weld is complete "
The email goes on the state "So, for the time being, we are going to continue pursuing a USR
permit from Weld I will be sure all of the items we discussed are included in the site plans "
The authorized agent also sent an email to the Town of Milliken with similar content dated March
17, 2022 Planning Staff reached out to both Milliken and Johnstown and the towns stated that
they are not asking for pre -annexation agreements
The site is located within the three (3) mile referral area of the Towns of Johnstown and Milliken
and the City of Greeley The City of Greeley submitted referral agency comments dated, August
3, 2022, stating that they have no concerns and that the site is located outside of Greeley's Long
Range Expected Growth Area The Towns of Johnstown and Milliken did not submit referral
agency comments
The site is located within the future land use areas for both the Town of Johnstown and the Town
of Milliken The 2021 Johnstown Area Comprehensive Plan identifies this site as Medium
Intensity / Density Development (MDI) and Greenway Johnstown's Comprehensive Plan states
that the intent and desired character, of the MDI will generally be characterized by a more
balanced, and wider -ranging mix of land uses - incorporating walk-up apartment buildings,
townhomes, small lot (3,500-5,000 SF) attached and detached single-family housing, in close
proximity to neighborhood -scale shopping, personal services, restaurants, small medical
facilities, and facilities such as libraries and recreational centers MDI areas may also occur along
arterials and other major corridors and may serve as the next layer away from the High
Density/Intensity areas they may,neighbor, as a transition to lower density neighborhoods MDI's
will offer complete neighborhoods with a diversity of shops and services, including schools and
civic facilities, within walking or biking distance from residential areas, and offer good walking
connections along with larger -scale multi -modal trails
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 4
Commercial uses may be developed as stand-alone sites or be grouped in small 10 to 20 -acre
centers or campuses Johnstown's Downtown would be ideal for this level of development
Reuse and redevelopment of existing structures may occur, with historic residences and
structures changing to offices, boutiques, or personal services with alley -served parking
Commercial centers in an MDI will feature more walkability, perhaps offering covered arcades or
awnings, pedestrian -scaled signage, shade trees and nice landscaping that helps slow traffic and
break-up parking areas, and enjoyable outdoor spaces to gather Rooftop and sidewalk patios,
along with courtyard plazas' offer patrons enjoyable places to meet and eat, gather and chat with
friends
Residential neighborhoods will provide a range of housing options and provide street and trail
connections to adjacent neighborhoods Housing will be encouraged to provide porches that
extend closer to the sidewalks, and garages that are alley -loaded or setback to offer a safer,
slower, and more interesting streetscape Future considerations may include accessory dwelling
or carnage house units to increase affordability and diversity These are great neighborhoods to
encourage and accommodate a diversity of lifestyles and income ranges and allow active-agers
to remain in Johnstown once -larger family homes and yards may be less desirable
The Greenway area is primarily intended for floodplam, areas, as established by the adopted
FIRM/FEMA maps and studies These areas are natural areas for flooding - to capture and
channel stormwater in large storm events, offer high habitat and ecosystem value, and should be
avoided when considering areas for new development or redevelopment to protect life, property,
and natural assets These areas offer opportunities for conservation of natural areas and
landscapes, as well as low impact recreational trails Greenways may also be located adjacent to
irrigation ditches, reservoirs, wetlands, and other ecologically -significant areas
The greenway/floodplain areas include natural open space, trails, and river access While
sections of this land use may be on private land, efforts should be made to increase and maintain
public access and to enhance connections for regional recreation and wildlife movement With a
recommended use as passive recreation
According to the Framework Plan for the Town of Milliken included, in the Town's
Comprehensive Plan dated February 2016, the site is designated in the Future Land Use
Category of 'Agriculture' The Town of Milliken's Comprehensive Plan states that Agriculture is
primarily used for farming, ranching, and other agriculturally related uses and secondarily used
for low density (rural) residential The Agriculture Land Use Category contain areas that are not
anticipated to be developed within the 20 -year planning horizon, provide for the continuation of
agricultural uses within the context of both market demand and the desires of individual property
owners, and limits residences to those for owners/operators of the agricultural enterprise
The Colorado Department of Transportation requested an email from the applicant concerning
the traffic at the intersection of CR 48 5 and HWY 257 This email has been submitted to CDOT
CDOT has stated that no access to this site should come off of State Highway 60
E Section 23-2-220 A 5 -- That 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
A -P (Airport) Overlay District, 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
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
of -Planning Services)
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, 0/O CBEP SOLAR 5, LLC
PAGE 5
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 10 acres of soils designated as "Farmland of
Statewide Importance" with low slope (1-3%) Vona sandy loam soils and on approximately 28
acres of soils designated as `Prime Farmland if Irrigated (Soils Erodibility)' with low slope (1-3%)
Olney fine sandy loam per the USDA Natural Resources Conservation Service (NRCS) Custom
Soil Report prepared March 25, 2021. The proposed use of the property for an SEF will not
remove topsoil from the property. After the life of the SEF the land may be returned to historic
uses. The land was irrigated and used for crops until 2022. In 2022, the property owner leased
their water to a neighbor and planted a sheep -friendly seed mix in order to establish the pasture
ahead of the sheep grazing that is set to begin next year. The landowner is designing and
installing a new irrigation system and the irrigation of the land is expected to resume next year.
G. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants
of the neighborhood and County.
This recommendation is based. in part. upon a review of the application materials submitted by the applicant.
other relevant information regarding the request, and responses from referral entities.
THE PLANNING COMMISSION RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE
FOLLOWING:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Town of Johnstown, as stated in the Notice
of Inquiry response letter date March 14, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of Front Range Fire Rescue. as stated in the
referral response dated August 13, 2022, and August 30, 2022. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
oraco Par<s anc Wi clife, as statec in the
referral response dated September 14, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in the email dated September 19. 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
1) Submit an approved access permit from CDOT for the access off of State Highway 60.
road (GWRR) that states that GWRR has no
RESOLUTION USR22-0022
ARTHUR GRIFFITHS. O/O CBEP SOLAR 5. LLC
PAGE 6
F. The applicant shall attempt to address the concerns of PDC Energy Inc., 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. (Department of Planning Services)
Energy Department, as -stated in the referral response -dated August 8, 2022. Evidence of such
H. The applicant
I
of such shall be
The applicant shall submit to the Department of Planning Services an updated Landscaping and
Screening plan. (Department of Planning Services)
J.
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. (Development Review)
K. The map shall be amended to delineate the following.
1) All sheets of the map shall be labeled USR22-0022. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld
County Code. (Department of Planning Services)
4) Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld
County Code. (Department of Planning Services)
5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers. storage containers (limited to
two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous
improvements, as applicable. Clearly indicate which items are temporary for use during
construction and which items are permanent. (Department of Planning Services)
6) 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 23-4-1030.0.6 of the Weld
County Code. Include fence and sign specification details on the map. Refer to the Weld
County Sign Code, as amended. (Department of Planning Services)
7) 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. (Department of Planning Services)
8) 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. (Department of Planning Services)
9) Show and label the Big Thompson and South Platte Ditch. (Department of Planning
Services)
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, CIO CBEP SOLAR 5, LLC
PAGE 7
10) 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 (Department of Planning Services)
11) Show and label any planned oil and gas surface development areas, corridors, access
roadways, etc as part of any executed Surface Use Agreement (Department of Planning
Services)
12) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date (Department of Planning Services)
13) County Road 48 5 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is maintained
by Weld County (Development Review)
14) Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way (Development Review)
15) Show and label the existing proposed access point onto County Road 48 5 and the usage
type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review
will review the access location as a part of the plat submittal (Development Review)
16) Show and label the drainage flow arrows (Development Review)
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 one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution The applicant shall be responsible for paying the
recording fee (Department of Planning Services)
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 the administrative review was signed, a $50 00 recording
continuance fee shall be added for each additional 3 -month period (Department of Planning
Services)
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
(Department of Planning Services)
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 (Department of
Planning Services)
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 8
B The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
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 Windsor -Severance Fire 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 (Office of Emergency Management)
Motion seconded by Shana Morgan
VOTE
For Passage
Elijah Hatch
Skip Holland
_Sam Gluck
Michael Wailes ,
Michael Palizzi
Shana Morgan
Against Passage Absent
Butch White
Pamela Edens
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 4, 2022
Dated the 4th day of October, 2022
Michelle Wall
Secretary
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arthur Griffiths
USR22-0022
1 A Site -Specific Development Plan and Use by Special Review Permit, USR22-0022, 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 (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 The facility is unmanned and will operate year-round, according to the application materials Limited
maintenance personnel may visit the site once operational (Department of Planning Services)
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
(Department of Planning Services)
5 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (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 (Department of Planning ,
Services)
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 (Department of Planning Services)
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 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 by
the Department of Planning Services per Section 23-4-1030 C 3 of the Weld County Code, as
amended (Department of Planning Services)
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 (Department of Planning Services)
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 (Department of Planning Services)
10 Fencing The SEF shall be enclosed with a security fence as approved pursuant to the Fencing Plan
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 (Department of Planning Services)
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/0 CBEP SOLAR 5, LLC
PAGE 10
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 per Section 23-4-1030 C 7 of the Weld Co County Code, as amended
(Department of Planning Services)
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 (Department of Planning Services)
13 The site shall adhere to the accepted Decommissioning and Reclamation Plan Per Section 23-4-
1,030 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 ninety
(90) days of the Board of County Commissioners' order or resolution directing
decommissioning/reclamation (Department of Planning Services)
14 The site shall be maintained in accordance with the accepted Property Maintenance Plan
(Department of Planning Services)
15 The site shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
16 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or1 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 (Department of Planning
Services)
17 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review)
18 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Development Review)
19 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement (Development Review)
20 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
21 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
22 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination (Department of Public Health and
Environment)
i
23 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, 30-20-100 5, C R S (Department of Public Health and
Environment)
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 11
24 During construction, waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code
(Department of Public Health and Environment)
25 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility (Department of Public Health and Environment)
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 The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health and Environment)
28 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 theadopted codes at the time of permit
application Currently, the following have been adopted by Weld County 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code (Department of Planning
Services) ,
29 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
30 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
31 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
32 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
33 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
Planning Services may grant an extension of time, for good cause/shown, upon a written request by
the landowner "
34 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 "
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
PAGE 12
35 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy, (b) the populous counties
of the state face a critical shortage of such deposits, and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of the
state
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development Often times, 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
36 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there, are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
-
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies County gravel roads, no matter how
often they are bladed, will nbt provide the same kind of surface expected from a paved road Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal
services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
i1
RESOLUTION USR22-0022
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
- PAGE 13
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood
1
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. October 4, 2022
eaa - o oaa
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair:
Elijah Hatch, at 12:34 pm.
Roll Call
Present: Elijah Hatch, Skip Holland, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Butch White. Pamela Edens.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, and Maxwell Nader, Department of
Planning Services; Lauren Light. Department of Health; Karin McDougal, County Attorney, and Michelle
Wall. Secretary.
Motion: Approve the September 6, 2022, Weld County Planning Commission minutes, Moved by Skip
Holland, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR22-0022
ARTHUR GRIFFITHS, CIO CBEP SOLAR 5 LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
PART OF THE N2S2 AND SW4SW4 OF SECTION 3, T4N. R67W OF THE 6TH
P M . WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO STATE HIGHWAY 60; APPROXIMATELY 0 75
MILES WEST OF STATE HIGHWAY 257.
Commissioner Wailes informed the Chair and Planning Commission that he knows the applicant personally,
but he has no financial or business relationship with him.
Diana Aungst, Planning Services, presented Case USR22-0022, reading the recommendation and
comments into the record. Staff sent notice to 6 surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls were received. The Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards.
Commissioner Wailes asked staff if the Town of Milliken gave any indication if they plan to change the use
of the land in their revised Comprehensive Plan. Staff said that when she spoke to them they did not make
mention of that.
Commissioner Holland asked staff if the property was irrigated. Staff replied that she believes the property
use to be irrigated but the water rights were sold or leased to an adjacent property owner. Ms. Aungst said
they will try and get their water rights back in order to irrigate the property to establish the vegetation for the
sheep. The sheep will be on the property to keep the vegetation under control.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Zack Brammer. 408 Melba Road, Sterling. Colorado. Mr. Brammer said he is the Cofounder Chief
Operating Office of Cloudbreak Energy Partners based out of Sterling, Colorado. He said they are excited
to work of the Griffiths 1 Solar Project. Mr. Brammer gave a slide presentation summarizing their project
plans
The project will be a 5MWac community solar project. They plan to have 14,430 panels mounted to single -
axis tracking racks, associated electrical equipment including inverters, transformers, combiners, an access
road. 2 storage containers and a perimeter game fence.
The project will cover approximately 28 51 acres of the 37 46 -acre parcel Construction is estimated to
take 4 months
The solar project will produce about 12,240,000 kWh annually and is part of Xcel Energy's Solar Rewards
Community Program
The Chair asked Mr Brammer with the uprights that they plan to install will be drilled into concrete or if they
will be utilizing a pile driver Mr Brammer responded that they would be using a pile driver Mr Hatch
asked how long the installation process will take Mr Brammer replied that the pile driving will take
approximately 6 weeks and the entire project will take about 4 months
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Staff recommended removing Conditions of Approval, 1 C, 1 E, 1 G , and 1 H , under "Prior to Recording
the Map " The applicant addressed the requirements of the Colorado Parks and Wildlife by email (1 C ),
the applicant will not be using an access point off of State Highway 60 (1 E ), and the applicant sent an
email that they addressed the referral comments to Weld County Oil and Gas (1 G ) and the Little Thompson
Water District (1 'H )
Motion Remove Conditions of Approval 1 C, 1 E, 1 G , and 1 H as recommended by staff Moved by
Michael Wailes, Seconded by Sam Gluck Motion passed unanimously
The Chair asked the applicant if they have read through the Development Standards and Amended
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR22-0022 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Shana Morgan
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland i
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
' Meeting adjourned at 4 02 pm
Respectfully submitted,
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD
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