HomeMy WebLinkAbout20223459.tiffUSE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Planner: Diana Aungst
Case Number: USR22-0025
Applicant: Arthur Griffiths
9216 County Road 48.5, Johnstown, CO 80534
Representative: CBEP Solar 7, LLC c/o Zach Brammer
PO Box 1225, Sterling, CO 80751
Request:
Hearing Date: December 6, 2022
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
Legal Being part of the N2S2 and SW4SW4 of Section 3, T4N, R67W, of the 6th P.M., Weld
Description: County, Colorado
Location: South of and adjacent to CR 48.5; approximately 0.25 miles west of State Highway 257
Acreage: Parcel size: +/- 90.42 acres Parcel No. 1059-03-3-00-002
Lease area: +/- 50.82 acres
Solar facility footprint: +/- 21.88 acres
The criteria for review of this Special Review Permit are listed in Section 23-2-220 and Section 23-4-1030 of
the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Front Range Fire Rescue, referrals dated August 31, 2022
➢ Colorado Parks and Wildlife, referral dated September 14, 2022
➢ Little Thompson Water District, referral dated September 20, 2022
➢ Weld County Office of Emergency Management, referral dated August 30, 2022
➢ Weld County Oil and Gas Energy Department, referral dated September 15, 2022
➢ Weld County Department of Public Health and Environment, referral dated September 7, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated September 7, 2022
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated November 4, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Greeley, referral dated September 1, 2022
➢ Xcel Energy, Inc., referral dated September 20, 2022
➢ Weld County Sheriff's Office, referral dated September 15, 2022
➢ West Greeley Conservation District, referral dated September 16, 2022
➢ State of Colorado, Division of Water Resources, referral dated September 1, 2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated August 31, 2022
USR22-0025 — Griffiths
Page 1 of 14
The Department of Planning Services' staff has not received responses from the following agencies:
➢ PDC Energy
➢ Town of Milliken
➢ Town of Johnstown
➢ Weld County School District RE -5J
➢ Big Thompson and South Platte Ditch
➢ Colorado Department of Transportation
➢ Northern Colorado Water Conservancy District
CASE SUMMARY:
The applicant, CBEP Solar 7, LLC., is requesting a Use by Special Review Permit for a Solar Energy Facility
(SEF), known as the Griffiths #2 Solar Project. The SEF will be a 5 -megawatt facility on a 90 -acre parcel.
The footprint of the facility will be about twenty-two (22) acres and will consist of 14,500 solar modules
mounted about five (5) feet above the existing grade on single -axis trackers. The single -axis trackers allow
the panels to track the sun from east to west over the course of the day. The project will also include forty
(40) inverters mounted on steel posts or beams, two (2) concrete -pad mounted transformers, other
electrical equipment, an access road, and a perimeter game fence with gates. About five (5) utility poles
will be installed that will connect the project to the existing Xcel Energy distribution line on the north side of
the property. The solar panels will not exceed twenty-five (25) feet in height as measured from the highest
grade below each solar panel to the highest extent of the solar panel rotation. The land is privately owned
by Mr. Arthur Griffiths. There are two single-family dwellings on the site and the parcel is going through a
Lot Line Adjustment with the parcel to the east in order to place the 2nd single-family dwelling on a separate
lot.
The applicant submitted a Small Generator Interconnection Agreement dated January 25, 2022.
Construction activities will take place Monday through Saturday from 7:00 a.m. to 6:00 p.m. Once the
construction phase is completed occasional maintenance will occur between 7:00 a.m. and 7:00 p.m. as
needed. A permanent 0.27 -acre staging area will be located within the limits of the lease area. This staging
area will consist of one (1) temporary construction trailer, two (2) cargo containers (10'x40'), and parking
during construction. The two (2) cargo containers will remain on site permanently for storage of spare parts,
tools, and equipment. Once in operation, there will be no outdoor stockpiling, uncovered storage, or waste
areas. Bottled water and portable toilets will be provided during construction.
When construction is complete the site will be seeded with a sheep -friendly seed mix. A team of shepherds
with about 500 sheep will visit the property daily in the Spring, Summer, and Fall. The sheep will be used
for vegetation management. Disturbed areas not covered with gravel as part of the Project design will be
reseeded with native seed to revegetate disturbed areas and hold soil in place, minimizing fugitive dust
impacts during operations.
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).
The Project will be surrounded by a game fence that is at least seven (7) -feet tall. CBEP Solar 7, LLC is
also partnering with the Audubon Society to plant pollinator habitats along the east, west and south fence
lines.
The land was irrigated and used for crops in 2021. In 2022 the landowner 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 still has water rights and will be irrigating the sheep forage on his
land.
USR22-0025 — Griffiths
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The application materials include a Decommissioning/Reclamation Plan that complies with Chapter 23,
Division 15, Sec. 23-4-1030.4.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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 the [Comprehensive Plan] shall be consistent and promote
financially responsible growth.
This Solar Energy Facility will provide short term construction jobs and long term energy
production 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 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 proposed facility is unmanned and the two residences within five hundred (500) -feet are
owned by the applicant which reduces future conflicts. No screening or landscaping is proposed
for this project.
22-2-60.B. Support responsible energy and mineral development.
According to the application, the Solar Energy Facility will connect into the existing Xcel Energy
distribution line per the Xcel Energy Interconnection Agreement executed on January 25, 2022.
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."
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."
USR22-0025 — Griffiths
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This code section allows the applicant to apply for the subject Solar Energy Facility, 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 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 twenty-two (22)
acres and qualifies as an SEF USR.
This USR facility will also include two (2) 10 -feet x 40 -feet storage containers for construction
and operation usage. Per Section 23-3-30.B of the Weld County Code up to two (2) cargo
containers in accordance per legal lot of less than eighty (80) acres and up to five (5) cargo
containers in accordance with may be allowed per legal lot of eighty (80) or more acres as an
Accessory Use as long as the cargo containers remain in compliance with Chapter 23, Division
16, Section 23-4-1100.
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 surrounding the site are zoned A (Agricultural). The
property is also adjacent to the corporate limits of the Town of Milliken partially on the south
and east boundaries. The surrounding uses are either vacant or utilized for agricultural
activities. The residence on the subject property is about 250 -feet from the Solar Energy Facility
and the residence on the site to the east is about 200 -feet from the Facility. The property to the
east is owned by the applicant. There are other residences in the area, but they are not closer
than 500 -feet to the facility.
There are eight (8) USRs within one (1) mile of the site. USR-823 for electric transmission lines
230 kV 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.
Weld County Department of Planning Services staff sent notice to seven (7) 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, stating that they wish to annex this site. Johnstown also included a letter that listed four
(4) Conditions of Approval including a request for dedication of right-of-way and clear
identification of the thirty (30) foot sanitary sewer easement. The Town of Milliken submitted a
Notice of Inquiry dated March 16, 2022, stating that they also wish to annex the site.
USR22-0025 — Griffiths
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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 to 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,
September 1, 2022, stating that they have no comments. 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 Future Land Use Map identifies this site as High
Density/Intensity (HDI) and Medium Density/Intensity Development (MDI). The 2021
Johnstown Area Comprehensive Plan states that the intent and desired character of the HDI
will be generally characterized by a high percentage of nonresidential uses, with some
residential possibly integrated into larger development areas. These HDI corridors and nodes
will accommodate and experience larger volumes of traffic and be located along busy arterial
and highway corridors, and especially at interchanges and intersections.
These areas are intended to provide high -quality, high -visibility locations for retail, office, and
employment activities, with some light industrial uses that can appropriately mitigate impacts
and contribute to the employment base. These areas will have taller, larger -scale structures, a
wider span of business hours, large parking areas, and a mix of uses that create economic
synergies. Gathering spaces, entertainment venues, and walkable and enjoyable retail areas
may be located adjacent to larger "big box" retailers. Town Gateways will also benefit from
these HDI locations where most travelers may first be made aware that they are in Johnstown.
While HDI areas are largely served by vehicular transportation with speeds of 35 mph or more,
these areas may also serve as ideal locations for transit facilities, and multi -modal trails that
allow cyclists and pedestrians to safely connect to the services offered from neighboring
residential areas. Residential may be integrated into mixed -use structures, or be provided as
stand-alone complexes, whereby residents can easily access employment, entertainment, and
shopping opportunities, as well as the nearby transportation network and any transit facilities.
The MDI will areas are generally 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.
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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 carriage 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.
According to the Framework Plan Map 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.
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 the County, including A -P (Airport) Overlay District, 1-25
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District.
There is a small portion of the property located within the Special Flood Hazard Area along the
south edge of the ditch.
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.
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 15 acres of Vona Sandy Loam with 1-3%
slopes and 13 acres of Otero Sandy Loam with 3-5% slopes. The entire facility will be located
on soils designated as "Prime Farmland of Statewide Importance". 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 land was irrigated and used for crops in
2021. 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 still has water rights and will be irrigating the sheep forage on his land.
USR22-0025 — Griffiths
Page 6 of 14
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 proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. Lot Line Adjustment LLA22-0035 shall be recorded prior to the Board of County Commissioners
hearing for USR22-0025. (Department of Planning Services)
B. The applicant shall attempt to address the comments of Front Range Fire Rescue, as stated in
the referral response dated August 31, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to 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)
D. The applicant shall address the comments of Little Thompson Water District, as stated in the
referral response dated September 20, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
E. 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)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0025. (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)
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5) Show and label any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage containers (limited
to five (5) 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.C.6 of the
Weld County Code. Include fence and sign specification details on the map.
(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) 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)
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) CR 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 and label the existing proposed access point onto CR 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)
15) 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.
(Development Review)
16) Show and label the drainage flow arrows. (Development Review)
17) Show the floodplain and floodway (if applicable) boundaries on the map. Label the
USR22-0025 — Griffiths
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floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
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)
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)
D. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required. (Department of Planning Services — Floodplain)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office
of Emergency Management. 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)
USR22-0025 — Griffiths
Page 9 of 14
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arthur Griffiths
USR22-0025
1. A Site Specific Development Plan and Use by Special Review Permit, USR22-0025, for a Solar
Energy Facility (SEF) 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 will 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 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. (Department of Planning Services)
USR22-0025 — Griffiths
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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.
(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-
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 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. 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. (Department of Planning
Services)
16. 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)
17. 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)
18. 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)
19. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
21. 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)
22. 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)
USR22-0025 — Griffiths
Page 11 of 14
23. 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)
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the facility. (Department of Public Health and Environment)
25. 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. (Department of Public Health and
Environment)
26. 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)
27. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Maps #08123C -1684F and 1703F issue date March 23, 2022 (Big
Thompson River Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Planning Services - Floodplain)
28. 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. (Department of Planning Services - Floodplain)
29. 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; 2020 National Electrical Code. (Department of
Building Inspection)
30. 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)
31. 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.
32. 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.
USR22-0025 — Griffiths
Page 12 of 14
33. 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.
34. 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."
35. 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."
36. 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.
37. 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
USR22-0025 — Griffiths
Page 13 of 14
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 not 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.
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.
USR22-0025 — Griffiths
Page 14 of 14
October 17, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Zach Brammer
PO BOX 1255
Sterling, CO 80751
Subject: USR22-0025 - 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.
On parcel(s) of land described as:
PT N2S2 AND SW4SW4 SECTION 3, T4N. T67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 06, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
21, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Diana Aungst
Planner
Diana Aungst
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, November 8, 2022 1:16 PM
To: Diana Aungst
Subject: Re: Details on USR22-0025
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
During construction, the laydown yard will store our equipment and vehicles, the permanent and temporary trailers, and
portable toilets for the construction crews.
During project operations, the laydown yard will just store the two storage containers, but it will not be used for any
other businesses.
On Tue, Nov 8, 2022 at 12:20 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Zach;
What will be stored on the laydown yard? Will you be leasing a portion of the laydown yard for storage to
other businesses?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Zach Brammer <zach@cloudbreakenergy.com>
Sent: Tuesday, November 8, 2022 8:53 AM
To: Diana Aungst <daungst@weldgov.com>
Subject: Re: Details on USR22-0025
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
Sorry for the delayed response, I was on vacation last week. My responses are below:
The USR map states that the total modules is 11,112 and the questionnaire states 14,500. Which is it? 14,500 is
correct. Also, are the two 10x40 storage containers going to remain on the site permanently? Yes, they will be there
permanently to store equipment and materials for our maintenance team. Are these cargo containers? Yes, they are
cargo containers. Is the laydown yard permanent? Yes, the laydown yard will be permanent. What's the size of the
laydown yard? It will be approximately 0.27 acres.
Let me know if you have any additional questions!
Thanks,
Zach
2
On Tue, Nov 1, 2022 at 1:59 PM Diana Aungst <daungst@weldgov.com>wrote:
Hi Zach:
The USR map states that the total modules is 11,112 and the questionnaire states 14,500. Which is it? Also,
are the two 10x40 storage containers going to remain on the site permanently? Are these cargo containers?
Is the laydown yard permanent? What's the size of the laydown yard?
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it
is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
Hello