HomeMy WebLinkAbout20223458.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Sam Gluck, 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:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT
BEING PART OF THE N2S2 AND SW4SW4 OF SECTION 3, T4N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 48.5 APPROXIMATELY 0.25 MILES WEST
OF STATE HWY 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 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
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 2
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 "
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 Chapter23, 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 USR21281 for a 150 -foot -tall telecommunications
tower, USR-1142 for a recreational facility, MUSR18-0003 fora 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,
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 3
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
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 cthe 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
1 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
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 4 _
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
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 1
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 'acetone' 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
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 5
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 Standards1(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 PLANNING COMMISSION 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 dated 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)
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 6
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 downcastand 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) i
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)
I
17) Show the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services - Floodplain)
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 7
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)
Motion seconded by Michael Palizzi
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, 0/O CBEP SOLAR 7, LLC
PAGE 8
VOTE
For Passage
Elijah Hatch
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Skip Holland
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 December 6, 2022
Dated the 6t' day of December, 2022
tee. uki—e-
Michelle Wall
Secretary
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 9
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)
r
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)
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, 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 (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)
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)
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 11
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)1FIRM
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, dulling 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
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
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7,ILC
PAGE 12
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 Persona, 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 drawback 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
RESOLUTION USR22-0025
ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC
PAGE 13
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
r
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 taw 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
„
i
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2022
a
-005_
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 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall, Maxwell Nader, and Jim Flesher. Department of
Planning Services; Lauren Light, Department of Environmental Health; Karin McDougal, County Attorney.
and Michelle Wall, Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION.
LOCATION.
USR22-0025
ARTHUR GRIFFITHS, CIO CBEP SOLAR 7. LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLAR ENERY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT.
BEING PART OF THE N2S2 AND SW4SW4 OF SECTION 3, T4N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO
SOUTH OF AND ADJACENT TO CR 48.5; APPROXIMATELY 0.25 MILES
WEST OF STATE HWY 257.
Commissioner Wailes stated that he knows Mr. Griffiths personally but that he is not involved with this
project from any standpoint.
Diana Aungst, Planning Services, presented Case USR22-0025, reading the recommendation and
comments into the record. Staff sent notice to 7 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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Zach Brammer, 408 Melba Road, Sterling, Colorado. Mr. Brammer stated that the Griffith 2 Solar Project
is proposed to be 5MWac on 22 acres of a 90.42 -acre parcel. He said the facility will produce 12,240,000
kWh annually, which is equivalent to the annual electricity consumption of about 1,600 homes Mr. Brammer
said that users of the service do not have to put any money down; they just have to subscribe to the service
to receive approximately a 5 -percent discount on their electricity.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR22-0025 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Sam Gluck, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan.
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 3 06 pm
Respectfully submitted,
1/441(14:CFUlle, MALL
Michelle Wall
Secretary
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PLANNING COMMISSION ATTENDANCE RECORD
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