HomeMy WebLinkAbout20222933.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0022, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ARTHUR GRIFFITHS, CIO CBEP SOLAR 5, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
October, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Arthur Griffiths, 9216 County Road 48.5, Johnstown, Colorado 80534, c/o CBEP
Solar 5, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0022, for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Part of the N1/2 S1/2 and SW1/4 SW1/4 of
Section 3, Township 4 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Zach Brammer, CBEP
Solar 5, LLC, P.O. Box 1255, Sterling, Colorado 80751, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.8.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on this
plan [Comprehensive Plan] shall be consistent and promote
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SPECIAL REVIEW PERMIT (USR22-0022) -ARTHUR GRIFFITHS, CIO CBEP SOLAR 5, LLC
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financially responsible growth." This Solar Energy Facility will
provide construction jobs and energy to Weld County. These
functions directly support economic prosperity. This Solar Energy
Facility, being a power -generating facility, will add variety, stability
and redundancy to the existing electrical grid. Traditional energy
resources are tied to commodity markets and can vary in demand
and output. This Solar Energy Facility can complement and support
the economy during times of fluctuating oil and gas activity.
2) Section 22-2-30.C — Harmonize development with surrounding land
uses. The adjacent land will experience minimal nuisance from the
SEF, which is an unmanned energy development facility. The
residences in the area are more than five hundred (500) feet from
the facility. Additionally, the applicant is proposing screening and
landscaping options along State Highway 60.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This code
section supports the installation of the subject Solar Energy Facility,
which is an energy development. The facility will provide power to
be utilized by residences, businesses and farming operations in
Weld County.
2) 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 160 acres in the Near/Urban Area
as shown on Appendix 21-B, or being more than five (5) acres but
less than 320 acres in the Ag/Rural Area as shown on
Appendix 21-B." This Code section allows the applicant to apply for
the subject 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
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and/or facilities." The SEF will encumber approximately 28.5 acres
and qualifies as an SEF USR. This USR facility will also include two
(2) storage containers for construction and operation usage, being
Accessory Uses, permitted by Section 23-3-30.B of the Weld
County Code.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses.
The adjacent unincorporated lands to the north and south are zoned
A (Agricultural), and the lands to the west are zoned 1-3 (Heavy Industrial).
Despite the zoning, the surrounding uses are agricultural in nature except
for the property east of, and adjacent to, the subject property, which is the
Town of Johnstown's Wastewater Treatment Plant. Colorado Sweet Gold
Industrial Park with an 1-3 (Heavy Industrial) zoning is located southwest of
the site. There are three (3) rural residences in the area with the closet
one (1) being about 1,100 feet to the north. This residence is owned by the
property owner. The two (2) other residences are no closer than 1,400 feet.
The Great Western Railroad is on the south boundary between the site and
State Highway 60. There are no residential dwellings closer than 500 feet.
There are eight (8) USRs within one (1) mile of the site. USR-823, for 230kV
electric transmission lines, is west of and adjacent to the site. USR-1281,
for a 150 -foot -tall telecommunications tower, USR-1142, for a recreational
facility, MUSR18-0003, for a substation and 115 kV antennas, and
USR-222 (SUP -222), for spray ponds, are located south of the site.
USR-1706, for a 16 -inch natural gas pipeline, USR-52 (CUP -52), for a golf
course (Mad Russian), and USR-1277, for herbal products processing, are
all located north of the site.
The application materials state that there are two (2) options being
considered for access to the site, the first one is access from the southern
side of the parcel from State Highway 60. This access location involves the
crossing of a railroad line owned/operated by Great Western Railroad. The
applicant shall contact the Railroad to determine if a crossing agreement is
required. Additionally, accessing from State Highway 60 requires a
Colorado Department of Transportation (CDOT) Access Permit. An email
received from CDOT, on August 30, 2022, states this USR should not use
the State Highway 60 access for their traffic and that the Access Control
Plan shows this access as a field access, which it needs to remain, for
agricultural purposes.
The second access is from the northern side of the neighboring property,
from County Road 48.5. The proposed access from County Road 48.5 is
located at an existing, unpermitted access point and will involve traversing
the parcel due north of the subject property that is currently under the same
ownership. An easement may be required for this crossing, either now or
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in the future, if ownership changes. The applicant will be required to obtain
an Access Permit for the access location on County Road 48.5.
Weld County Department of Planning Services staff sent notice to six (6)
surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards 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 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
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
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,
clear identification of the 30 -foot sanitary sewer easement and coordinating
with the Town and the Town's Utility Department if the applicant intends to
utilize the access point from State Highway 60. The Town of Milliken
submitted a Notice of Inquiry, dated March 16, 2022, stating 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 they are not asking for pre -annexation
agreements.
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The site is located within the three (3) mile referral area of the Towns of
Johnstown and Milliken and the City of Greeley. The City of Greeley
submitted referral agency comments, dated August 3, 2022, stating they
have no concerns and that the site is located outside of Greeley's Long
Range Expected Growth Area. The Towns of Johnstown and Milliken did
not submit referral agency comments.
The site is located within the future land use areas for both the Town of
Johnstown and the Town of Milliken. The 2021 Johnstown Area
Comprehensive Plan identifies this site as Medium Intensity/Density
Development (MDI) and Greenway. Johnstown's Comprehensive Plan
states that the intent and desired character of the MDI will generally be
characterized by a more balanced, and wider -ranging mix of land uses -
incorporating walk-up apartment buildings, townhomes, small
lot (3,500-5,000 SF) attached and detached single-family housing, in close
proximity to neighborhood -scale shopping, personal services, restaurants,
small medical facilities, and facilities such as libraries and recreational
centers. MDI areas may also occur along arterials and other major corridors
and may serve as the next layer away from the High Density/Intensity areas
they may neighbor, as a transition to lower density neighborhoods. MDI's
will offer complete neighborhoods with a diversity of shops and services,
including schools and civic facilities, within walking or biking distance from
residential areas; and offer good walking connections along with
larger -scale multi -modal trails.
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.
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The Greenway area is primarily intended for floodplain areas, as
established by the adopted FIRM/FEMA maps and studies. These areas
are natural areas for flooding - to capture and channel stormwater in large
storm events, offer high habitat and ecosystem value, and should be
avoided when considering areas for new development or redevelopment to
protect life, property, and natural assets. These areas offer opportunities
for conservation of natural areas and landscapes, as well as low impact
recreational trails. Greenways may also be located adjacent to irrigation
ditches, reservoirs, wetlands, and other ecologically -significant areas.
The greenway/floodplain areas include natural open space, trails, and river
access. While sections of this land use may be on private land, efforts
should be made to increase and maintain public access and to enhance
connections for regional recreation and wildlife movement. With a
recommended use as passive recreation.
According to the Framework Plan for the Town of Milliken, included in the
Town's Comprehensive Plan, dated February 2016, the site is designated
in the Future Land Use Category of `Agriculture'. The Town of Milliken's
Comprehensive Plan states that Agriculture is primarily used for farming,
ranching, and other agriculturally related uses and secondarily used for low
density (rural) residential. The Agriculture Land Use Category contains
areas that are not anticipated to be developed within the 20 -year planning
horizon, provide for the continuation of agricultural uses within the context
of both market demand and the desires of individual property owners, and
limits residences to those for owners/operators of the agricultural
enterprise.
The Colorado Department of Transportation requested an email from the
applicant concerning the traffic at the intersection of County Road 48.5 and
State Highway 257. This email has been submitted to CDOT and they have
stated that no access to this site should come off of State Highway 60.
E. Section 23-2-230.B.5 — The property is not located within any overlay
district officially adopted by the County, including A -P (Airport) Overlay
District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area,
Historic Townsites Overlay District, or Agricultural Heritage Overlay
District. Building Permits issued on the lot will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, County Facility Fee,
and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 10 acres of soils
designated as "Farmland of Statewide Importance" with low slope (1-3%)
Vona sandy loam soils and on approximately 28 acres of soils designated
as "Prime Farmland if Irrigated (Soils Erodibility)" with low slope (1-3%)
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Olney fine sandy loam, per the USDA Natural Resources Conservation
Service (NRCS) Custom Soil Report, prepared March 25, 2021. The
proposed use of the property for an SEF will not remove topsoil from the
property. After the life of the SEF the land may be returned to historic uses.
The land was irrigated and used for crops until 2022. In 2022, the property
owner leased their water to a neighbor and planted a sheep -friendly seed
mix in order to establish the pasture ahead of the sheep grazing that is set
to begin next year. The landowner is designing and installing a new
irrigation system and the irrigation of the land is expected to resume next
year.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Arthur Griffiths, c/o CBEP Solar 5, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0022, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. 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.
B. The applicant shall attempt to address the requirements of Front Range
Fire Rescue, as stated in the referral responses, dated August 13, 2022,
and August 30, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Colorado
Department of Transportation, as stated in the email, dated September 19,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall attempt to address the concerns of PDC Energy Inc.,
as stated in the referral response, dated August 30, 2022. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
E. The applicant shall submit to the Department of Planning Services an
updated Landscaping and Screening Plan.
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F 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.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0022.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) The applicant shall show and label any existing and proposed solar
facility installations' and electrical equipment, power lines,
structures, temporary work trailers, storage containers (limited to
two [2] per Section 23-3-30.B of the Weld County Code), storage
areas and miscellaneous improvements, as applicable. Clearly
indicate which items are temporary for use during construction and
which items are permanent.
6) The applicant shall show and label the required fencing, gates and
any emergency and site identification signage, in accordance with
Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld
County Code. Include fence and sign specification details on the
map. Refer to the Weld County Sign Code, as amended.
7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
8) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
9) The applicant shall show and label the Big Thompson and South
Platte Ditch.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
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11) The applicant shall show and label any planned oil and gas surface
development areas, corridors, access roadways, etc. as part of any
executed Surface Use Agreement.
12) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
13) County Road 48.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
14) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
15) The applicant shall show and label the existing proposed access
point onto County Road 48.5 and the usage type (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Development
Review will review the access location as a part of the plat
submittal.
16) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date the administrative review was
signed, a $50.00 recording continuance fee shall be added for each additional
three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
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map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.6.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District, and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Weld County Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEJ5D COUNTY, COLORADO
ATTEST: ddthA) X to:el
Weld County Clerk to the Board
County ttorney
Date of signature: 11 /4</22
Sccbtt K. James, Chair
'rr\-44
Miman, Pro-Te
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
USR22-0022
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0022, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility is unmanned and will operate year-round, according to the application
materials. Limited maintenance personnel may visit the site once operational.
4. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest grade below each solar panel to the highest extent of the solar
panel rotation, per Section 23-4-1030.C.1 of the Weld County Code, as amended.
6. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from
its solar collectors will not be directed toward or onto nearby properties or roadways at
any time of the day, per Section 23-4-1030.C.2 of the Weld County Code, as amended.
7 Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to and approved by the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
8. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
9. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary), per Section 23-4-1030.C.5 of the Weld County Code, as amended.
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10. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to the
Fencing Plan. Appropriate signage shall be placed upon such fencing that warns the public
of the high voltage therein, per Section 23-4-1030.C.6 of the Weld County Code. All signs
shall adhere to the adopted Weld County Sign Code, as amended.
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 the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service, per Section
23-4-1030.C.7 of the Weld County Code, as amended.
12. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
13. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Per
Section 23-4-1030.B.4.h of the Weld County Code, as amended, Weld County shall have
the right to draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not commenced
decommissioning/reclamation activities within 90 days of the Board of County
Commissioners' order or resolution directing decommissioning/reclamation.
14. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
15. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
18. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
21. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
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22. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
23. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
24. 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.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code.
A Building Permit application must be completed and submitted. Buildings and structures
shall conform to the requirements of Chapter 29 of the Weld County Code, and the
adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and 2020 National Electrical Code.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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
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by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner."
32. 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.
33. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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