HomeMy WebLinkAbout20203561.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2020-20 was introduced on
first reading on December 2, 2020, and a public hearing and second reading was held on
April 26, 2021. A public hearing and final reading was completed on May 24, 2021, with no change
being made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 0 Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO: 2020-20
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
EFFECTIVE DATE: June 4, 2021
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 28, 2021
PUBLISHED: May 30, 2021, in the Greeley Tribune
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter. Ordinance
Number 2020-20 was introduced on first reading on December 2
2020,and a public hearing and second reading was held on April Prairie Mountain Media, LLC
26,2021.A public hearing and final reading was completed on
May 24,2021,with no change being made to the text of said Or-
dinance,and on motion duly made and seconded,was adopted.
Effective date of said Ordinance is listed below.Any backup ma-
terial,exhibits or information previously submitted to the Board PUBLISHER'S AFFIDAVIT
of County Commissioners concerning this matter may be exam-
ined in the office of the Clerk to the Board of County Commis- County of Weld
sioners,located within the Weld County Administration Building,
1150 0 Street,Greeley,Colorado,between the hours of 8:00 a.m. State of Colorado
and 5:00 p.m.,Monday thru Friday,or may be accessed through
the Weld County Web Page(www.weldgov.com). E-mail mes-
sages sent to an individual Commissioner may not be included
in the case file.To ensure indusion of your e-mail correspond-
ence Into the case file,please send a copy to egesickcweldgov.
coo.
ORDINANCE NO: 2020-20 The undersigned, Melissa Naiera ,being first duly
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF sworn under oath,states and affirms as follows:
THE WELD COUNTY CODE
EFFECTIVE DATE June 4,2021
BOARD OF COUNTY COMMISSIONERS 1. He/she is the legal Advertising Reviewer of
WELD COUNTY,COLORADO
DATED: May 28,2021 Prairie Mountain Media LLC,publisher of the
PUBLISHED: May 30,2021,in the Greeley Tribune-1803914 Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites for a legal newspaper
under Cob.Rev.Stat.24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
May 30,2021
/2e9/A _—
f . i
Signature
Subscribed and sworn to e before me this 164
, •
day of JUI 7e ,/L��IJ l/ •
Notary Public
SIC
STATE OF :O"LOCif DO
NOTARY ID 2017403 1965
(SEAL) MY COMMISSION.EXPIRES JULY 31,2021
Account: 1099690
Ad Number: 1803914
Fee: $11.40
1.4
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2020-20 was introduced on
first reading on December 2, 2020, and a public hearing and second reading was held on
April 26, 2021, with changes being made as listed below. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado 80631, on May 24, 2021. All persons in any manner
interested in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 0 Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2020-20
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 24, 2021, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 30, 2021
PUBLISHED: May 2, 2021, in the Greeley Tribune
*******
CHANGES MADE TO CODE ORDINANCE 2020-20 ON SECOND READING:
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions, as follows:
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
ELECTRIC TRANSMISSION LINES: The system, including lines and support
STRUCTURES, used to transmit electric energy in amounts of less than one hundred fifteen (115)
kV.
0200-40 - 3
Delete LARGE SCALE SOLAR FACILITY
Delete MEDIUM SCALE SOLAR FACILITY
SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured
from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air
conditioners, gutters, downspouts, or fences, and the established PUBLIC or private
STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC
STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a
collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future
right-of-way line. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this
Code. No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the
property owner to locate the RIGHT-OF-WAY lines. Setbacks for Solar Energy Facilities are set
forth in Section 23-4-1030 of this Code.
SITE SPECIFIC DEVELOPMENT PLAN:A Use by Special Review(including OPEN MINING
and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT
DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision, rural land division, or minor
SUBDIVISION application which has been submitted to the COUNTY and receives approval or
conditional approval by the Board of County Commissioners, or by the Planning Commission in
the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. SITE-SPECIFIC
DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of
Article V of Chapter 21 of this Code and permits for 1041 Solar Energy Facilities approved
pursuant to the provisions of Article VII of Chapter 21 of this Code. Final or conditional approval
by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24,
C.R.S. No other type of land use application shall be considered a SITE SPECIFIC
DEVELOPMENT PLAN.
Delete SMALL SCALE COMMUNITY SOLAR FACILITY
SOLAR ENERGY FACILITY(SEF]: 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. A SEF of less than five (5) acres in size (5 ACRE SEF) is governed by the
procedures set forth in Division 6 of this Chapter 23. A SEF in the Near/Urban Area as shown on
Appendix 21-B being more than five (5) acres in size but less than one-hundred sixty (160) acres,
or in the Ag/Rural Area as shown on Appendix 21-B being more than five (5) acres but less than
three-hundred twenty (320) acres, is governed by the procedures set forth in Article II, Division 4
of this Code. A 1041 SEF is only allowed by permit, pursuant to Article VI of Chapter 21 of this
Code, and shall have an Improved Area of more than one-hundred sixty (160) acres in the
Near/Urban Area as shown on Appendix 21-B, or more than three-hundred twenty (320) acres in
the Ag/Rural Area as shown on Appendix 21-B. This definition shall not include roof and/or ground
mounted solar systems located on permitted PRINCIPAL and ACCESSORY BUILDINGS and
designed to supply power to the principle USE(S) onsite.
STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any
kind, or any piece of work artificially built up or composed of parts joined together in some definite
manner, but not including poles, lines, cables or distribution facilities of PUBLIC utilities. The term
includes an object, including a mobile object, constructed or installed by man, including but
without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead
ELECTRIC TRANSMISSION LINES, gas or storage tanks that are principally above ground, and
solar collectors, buildings and substations on SOLAR ENERGY FACILITIES (SEF'S).
Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic
townsites, as follows:
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,
Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A. thru Q. — No change.
Delete R and reletter subsequent items.
FF. 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.
Amend Sec. 23-3-61. - Uses by special review in subdivisions, as follows:
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon
approval of a Special Review Permit in accordance with the requirements and procedures set
forth in Article II, Division 4 of this Chapter.
A. thru X. — No change.
Y. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
Remainder of Section —No change.
Amend Sec. 23-3-65. - Uses by special review in historic townsites, as follows:
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in HISTORIC TOWNSITES in the A(Agricultural)Zone District
upon approval of a Special Review Permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter.
A. thru II. — No change.
JJ. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
Remainder of Section —No change.
Amend Sec. 23-3-310. - I-1 (Light Industrial) Zone District, as follows:
A. and B. — No charge.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1
Zone District folbwing approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED torn adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1-3-
1. thru 25. — No change.
26. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. and E. — No charge.
F. Uses by Specia Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occapied, operated and maintained in the I-1 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. — No change.
Delete 7 and renumber subsequent items.
Amend Sec. 23-3-320. - 1-2 (Medium Industrial)Zone District, as follows:
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District folbwing approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED f-om adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 27. — No change.
28. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. and E. — No change.
F. Uses by Specia Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occapied, operated and maintained in the 1-2 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 7. — No change.
Delete 8 and renumber subsequent items.
Amend Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District, as follows:
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. thru 32. — No change.
33. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. thru E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. — No change.
Delete 7 and renumber subsequent items.
ARTICLE IV—Supplementary District Regulations and Zoning Permits
Division 6- Permitting Requirements for Wind Generators and for Solar Energy Facilities
Less than Five(5) Acres (5 ACRE SEF)
Add Sec. 23-4-455. -Submittal requirements and standards for Solar Energy Facilities Less
than Five (5)Acres(5 ACRE SEF).
The following submittals and standards are required for a 5 ACRE SEF:
A. Surface Drainage Analysis. At the time of 5 ACRE SEF application submittal, a preliminary
drainage report shall be provided for review by the Weld County Department of Public Works
pursuant to the requirements of Chapter 8, Article XI of this Code. Prior to applying for a
Grading Permit, a final drainage report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. Soils shall be planted to and maintained in
perennial vegetation to prevent erosion, manage runoff and build soil. 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).
B. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of
5 ACRE SEF application submittal, which includes a description of those methods by which
dust emanating from the proposed 5 ACRE SEF and the weeds growing upon the Impacted
Area will be mitigated.
C. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any
floodplain associated with the proposal. Documentation of the historical flooding activity
should be included. Detail potential, adverse impacts related to the associated floodplain.
(Note: If the 5 ACRE SEF location is located within a Special Flood Hazard Area identified by
maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP) is
required prior to a building permit. The FHDP is issued by the Weld County Department of
Planning Services pursuant to Article XI of this Chapter.)
D. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be
provided at the time of 5 ACRE SEF application submittal which will be signed by the party
responsible for decommissioning and the landowner(if different), addressing the following:
1. Decommissioning/reclamation shall commence within twelve (12) months after power
production has permanently ceased and be completed within twelve (12) months from the
start date of the decommissioning/reclamation work.
2. All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth
of at least three (3) feet below grade shall be removed.
3. All fences, graveled areas and access roads shall be removed unless landowner
agreement to retain is presented, in writing, in which the property owner agrees for this to
remain.
4. Property shall be restored to a condition reasonably similar to its condition prior to
development of the 5 ACRE SEF.
5. The developer or owner of the 5 ACRE SEF is responsible for the decommissioning.
6. Decommissioning/reclamation cost estimates, which shall be updated every five (5) years
from the establishment and submittal of the Security, shall include all costs associated
with the dismantlement, recycling, and safe disposal of facility components and site
reclamation activities, including the following elements:
a. All labor, equipment, transportation, and disposal costs associated with the removal of
all facility components from the facility site;
b. All costs associated with full reclamation of the facility site, including removal of
non-native soils, fences, and constructed access roads;
c. All costs associated with reclamation of any primary agricultural soils at the facility site
to ensure each area of direct impact shall be materially similar to the condition it was
before construction;
d. All decommissioning/reclamation activity management, site supervision, site safety
costs;
e. Any other costs, including administrative costs, associated with the decommissioning
and reclamation of the facility site; and
f. The estimated date of submission of the Security to Weld County.
7. Prior to construction, 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 this Code. The Security shall:
a. Name the Board of County Commissioners of Weld County as the sole beneficiary of
the letter of credit;
b. Be issued by an A-rated financial institution based upon a rating provided by S&P,
Moody's, Fitch, AM Best, or other rating agency with similar credentials;
c. Include an automatic extension provision or"evergreen clause"; and
d. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of
the 5 ACRE SEF operator.
Weld County, in its sole discretion, may approve alternative forms of Security such as,
but not limited to: bonds, letters of credit, corporate guarantees from electric utilities
serving the County, or other securities, if it finds that such alternative forms will
provide an assurance of the availability of financial resources for
decommissioning/reclamation that equals or exceeds that provided by the form
required herein.
8. Access to decommissioning/reclamation fund. 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.
E. Statement of Transportation Construction Impacts.
1. Describe what impacts construction of the project will have upon transportation patterns
in the area intended to be served or affected by the proposal.
2. Describe the potential construction impact on roads within the County.
3. Identify improvements required to any roads within the County in order to serve the project
adequately.
A haul route map and agreement to mitigate construction traffic impacts to the area
surrounding the proposed 5 ACRE SEF may be required.
F. Development standards for a 5 ACRE SEF.
1. 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.
2. Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar
glare from its solar collectors will not be directed toward or onto nearby properties or
roadways at any time of the day.
3. Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback
requirements of the underlying zone. Additionally, the improved area must be at least five
hundred (500) feet from existing residential buildings and residential lots of a platted
subdivision or planned unit development. The residential setback requirement may be
reduced if appropriate screening through landscape or an opaque fence is installed, or
upon submittal to Weld County of a waiver or informed consent signed by the residence
owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for
setback, a landscaping plan or fencing plan shall first be submitted to and approved by
the Department of Planning Services.
4. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices
for control of fugitive dust detailed in their dust mitigation plan submitted as required by
Subsection B.2., above.
5. 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).
6. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant
to a fencing plan submitted to the Department of Planning Services. Appropriate signage
shall be placed upon such fencing that warns the public of the high voltage therein.
7. Stormwater management. The Operator of the 5 ACRE SEF shall submit a drainage
report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of
this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4)
areas may be applicable pursuant to Chapter 8, Article IX 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).
8. Access permt. Prior to construction of the 5 ACRE SEF, the applicant shall apply for and
obtain an approved Access Permit from the Weld County Department of Public Works,
pursuant to the provisions of Article XIV of Chapter 8 of this Code.
9. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF
must not unreasonably interfere with any irrigation systems on or adjacent to the solar
facility.
G. The 5 ACRE SEF applicant must show that all reasonable alternatives to the proposed
location have been adequately assessed, and the proposed action is consistent with the best
interests of the people of the County and represents a balanced use of resources in the
affected area.
H. Only one 5 ACRE SEF is allowed per 35 acres. No 5 ACRE SEF may be located immediately
adjacent to another SEF.
Amend Sec. 23-4-460. — Zoning Permit for Wind Generator or 5 ACRE SEF and general
application requirements, as follows:
An application for a Zoning Permit for a WIND GENERATOR or 5 ACRE SEF shall include
the following:
A. thru H. — No change.
I. A vicinity map showing ADJACENT properties, general land USES, zoning and
STREETS/ROADS:
1. Within five hundred (500) feet of the proposed WIND GENERATOR or 5 ACRE SEF site.
J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable
scale to show:
1. The proposed location of the WIND GENERATOR or 5 ACRE SEF and other support
STRUCTURES (guy wires), including distances from the property LOT lines, above-
ground power lines and other STRUCTURES on the property.
2. — No change.
3. An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD. All accesses shall be in accordance with the access
requirements set forth in Chapter 8 of this Code.
4. and 5. — No change.
K. No change.
L. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel on which the WIND GENERATOR or 5
ACRE SEF shall be placed. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
Amend Sec. 23-4-470. - Delegation of authority, as follows:
The Board of County Commissioners delegates the authority to issue a zoning permit for a
WIND GENERATOR or 5 ACRE SEF which otherwise requires the approval of the Board of
County Commissioners through a public hearing process to the Department of Planning Services
upon a determination by the Department that:
A. — No change.
B. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500)
feet of the subject property in opposition to the location of the WIND GENERATOR or 5 ACRE
SEF within twenty-eight (28) days.
Amend Sec. 23-4-1030. - Solar energy facility, as follows:
A. The staff, Planning Commission and Board of County Commissioners shall consider the
following criteria in making their determination in approving or denying a permit for a Solar
Energy Facility (SEF) addition to those criteria enumerated in Chapter 23, Article II, Division 4.
Delete B thru H and add New, as follows:
B. Submittal Requirements and Standards. The following submittals and standards are required:
1. Surface Drainage Analysis. At the time of SEF application submittal, a preliminary
drainage report shall be provided for review by the Weld County Department of Public
Works pursuant to the requirements of Chapter 8, Article XI of this Code. Prior to applying
for a Grading Permit, a final drainage report stamped and signed by a Professional
Engineer registered in the State of Colorado is required. Soils shall be planted to and
maintained in perennial vegetation to prevent erosion, manage runoff and build soil.
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).
2. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of
SEF application submittal, which includes a description of those methods by which dust
emanating from the proposed SEF and the weeds growing upon the Impacted Area will
be mitigated.
3. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate
any floodplain associated with the proposal. Documentation of the historical flooding
activity should be included. Detail potential, adverse impacts related to the associated
floodplain. (Note: If the SEF location is located within a Special Flood Hazard Area
identified by maps officially adopted by Weld County, a Flood Hazard Development Permit
(FHDP) is required prior to a building permit. The FHDP is issued by the Weld County
Department of Planning Services pursuant to Article XI of this Chapter.)
4. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be
provided at the time of SEF application submittal which will be signed by the party
responsible for decommissioning and the landowner(if different), addressing the following:
a. Decommissioning/reclamation shall commence within twelve (12) months after power
production has permanently ceased and be completed within twelve (12) months from
the start date of the decommissioning/reclamation work.
b. All non-utility owned equipment, conduits, structures, fencing, and foundations to a
depth of at least three (3) feet below grade shall be removed.
c. All fences, graveled areas and access roads shall be removed unless landowner
agreement to retain is presented, in writing, in which the property owner agrees for
this to remain.
d. Property shall be restored to a condition reasonably similar to its condition prior to
development of the SEF.
e. The developer or owner of the SEF is responsible for the decommissioning.
f. Decommissioning/reclamation cost estimates, which shall be updated every five (5)
years from the establishment and submittal of the Security, shall include all costs
associated with the dismantlement, recycling, and safe disposal of facility components
and site reclamation activities, including the following elements:
i. All tabor, equipment, transportation, and disposal costs associated with the
removal of all facility components from the facility site;
ii. All costs associated with full reclamation of the facility site, including removal of
non-native soils, fences, and constructed access roads;
iii. All costs associated with reclamation of any primary agricultural soils at the facility
site to ensure each area of direct impact shall be materially similar to the condition
it was before construction;
iv. All decommissioning/reclamation activity management, site supervision, site
safety costs;
v. Any other costs, including administrative costs, associated with the
decommissioning and reclamation of the facility site; and
vi. The estimated date of submission of the Security to Weld County.
g. Prior to construction, 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 this Code. The Security shall:
i. Name the Board of County Commissioners of Weld County as the sole beneficiary
of the letter of credit;
ii. Be issued by an A-rated financial institution based upon a rating provided by S&P,
Moody's, Fitch, AM Best, or other rating agency with similar credentials;
iii. Include an automatic extension provision or "evergreen clause"; and
iv. Be'bankruptcy remote," meaning the Security will be unaffected by the bankruptcy
of the SEF operator.
Weld County, in its sole discretion, may approve alternative forms of Security such as,
but not limited to: bonds, letters of credit, or other securities, if it finds that such
alternative forms will provide an assurance of the availability of financial resources for
decommissioning/reclamation that equals or exceeds that provided by the form
required herein.
h. Access to decommissioning/reclamation fund. 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.
5. Statement of Transportation Construction Impacts.
a. Describe what impacts construction of the project will have upon transportation
patterns in the area intended to be served or affected by the proposal.
b. Describe the potential construction impact on roads within the County.
c. Identify mprovements required to any roads within the County in order to serve the
project adequately.
A haul rout✓ map and agreement to mitigate construction traffic impacts to the area
surrounding the proposed SEF may be required.
C. Development standards for a SEF.
1. 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 canel rotation.
2. Glare. A SEF shall be designed, located or placed so that concentrated solar glare from
its solar col ectors will not be directed toward or onto nearby properties or roadways at
any time of-he day.
3. Setbacks. Tie 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 trough 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.
4. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their dust mitigation plan submitted as required by
Subsection 3.2., above.
5. 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).
6. Fencing. The SEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to the Department of Planning Services. Appropriate signage shall
be placed upon such fencing that warns the public of the high voltage therein.
7. Stormwater management. The Operator of the SEF shall submit a drainage report to
comply with required Storm Drainage Criteria pursuant to_Chapter 8, Article XI of this
Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas
may be app icable pursuant to_Chapter 8, Article IX of this Code. Ground-mounted solar
collector systems shall be exempt from impervious surface calculations if the soil under
the collecto-s is designated hydrologic A or B soil groups by the Natural Resources
Conservatio-i Service (NRCS).
8. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an
approved Access Permit from the Weld County Department of Public Works, pursuant to
the provisions of Article XIV of Chapter 8 of this Code.
9. 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.
D. The SEF applicant must show that all reasonable alternatives to the proposed location have
been adequately assessed, and the proposed action is consistent with the best interests of
the people of the County and represents a balanced use of resources in the affected area.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
•
vrwe.w<nge irsot e cE to i,nlrem<mwuwtne am,
surrounding propose.ASEF mills.
required.
OM.]e.mwmbor subsequent Items. F.De.SPoment standards bra 5 ACRE SEE.
u(Me«um mdr.1.ern•CUM es.follower
A.mk S.-Nochange. 1.Height Imauuan.Ground-monied soar.edore mall moat..ee.a..rzs)
d. ectlo.ePlanReie T"eI .USES.11be ere. metmewlarp"INmbnn belg..mom.from�ah�wtm b.b.a.n,N�sorrel. Affidavit of Publication
0.ri°zs o ndlopg cN I dm� Mnl3NNNSb.Inaaw«ancewm
Chap.,AM USE cendr.eev3bke of an ENCLOSED 2.01.8 RE SEFwl be desipwdtaaled a placed sofhal concentrated solar•o
BUILDING shall b SCREENED tram adj.runt PUBLIC RIGHTS.F-WAO and ,rem beds Mgecbre wR rot be Meclea swam or omo neamypmpwNee or
ADJACENT LOTS in any McDistrict ewrp3, roadwaysat any time of the day.
tams ST,-No change. The Improved Area IN me s ACRE SEF,hall cmbrm b Ma velbaA
FAcngrlE313EFs,,,MHdmemaadtmnM mgairem.ndpt fe"71 a n•.A"iti,ntial thelmpm"damm,ntrariZmp STATE OF COLORADO
n„ao)M.I Imm wlMng,e,lamnt ter Mega elk leak.as tpa of
Section 23 tap' paw be Md~Nbn a S,NPSNManned a2(N*NNit pn.L,,.re.M..MI ea opaque bac ent
m w lace.verorM or eaPo mantsb SS.
and E._„ppnaM.. may b.Mc.I„°prepriw"�m"'t;«.wfmrprbmmwamm.nt,gn"b,
FUses specialRe.w.ThefollowngBUILDINGS,STRICTURESandUSES Mears;rots "r�.dNmwMpngaPoeqwrendng County of Weld
appro.may be .tmd.a<rs,pad,°pembdendm°Imatiw°In11.I.2Sor;e 1,„p"pw and pngpn l�dngprenMlllmtn.,w rim
m a...WIM use w meat°«Article n.Drvbion a« ppro..aby m.D.wnnwm«PMpbg SerMM..
rim C^•ptrra permit Mt The operamm of Me s ACRE SEF ante candnuo"sh emplq me
rime-Nochange. Mgt"elCENpm dust dlnw.,d tmregtb ppn,ad and I Melissa Najera
requl• by :epbn B.2..eb°W.
De.Sand a.mbar subsequent.me.
Underground cables.MI eleaaaf Mee on Me improve°area shay be wdnd.
Amami sec.33.d13p,.w(H.a,y Indn...G mm D,empl,a•f«Imy; err direst coma siring wires mat owned bemoan alai<dlwMm.prop
^n°G U m g iset�b grade :ubspans,sir°k„.r;.:ndc1.11 MN ate 9esgr.I.Ma of said County of Weld, being duly sworn, say
C. amwed,wbINwsae Pm Rev..The Ms.USES shall be aMwedb s,.s Nlw.db(.mere necessary).
th.wEoneDbmpf«Io":g•ppmazl pmcorpg«•BlreFlanInacPomanc•wlm that I am an advertising clerk of
Nticb II.Ms.3.IN this Chaplet. 6.Fencing.The 5 ACRE SEF shall be enclosed Mena security fence as approved
P...to a fencing plan submitled to m of tinning Services.
I. 32.-Ns.mange. APPmPriale Mass Wag lair placed upon such Met warns Me p.m of the
Nun NOMge Me..
to M n 33.90IAR ENERGY FACILITIES(SEFB).subject the additio requirements al THE GREELEY TRIBUNE,
Section 234.1030. Storm..man.sem.nLThe Operator of me 5 ACRE SEF shall submit a dr imams
mpert M comply wXn required seam Drayage Criteria pursuant b chapter a,Made
D.Mm E-Nn<Mnge- al Separate storm Sewer System
(MS4)area...epplic.ermammat oCMohoB.A.le Ix of era Code.Grouts •
RUses by 5pedf errs ,...he lrg BUILDINGS,ammedin ma syone and USES eetas.wmplagie ApewePoroups ulwlaere„ that the same is a three days weekly plus Sunday
mirybsbySp.lRev.,Po ended.MmamblGSln MaNZona and upon SES 1"I'°'"' uall.eempt frocrnp.ouor sea goufce Me..
r II In a °an°e win Its requbements rd Arl.IL Dmston 4 al Resources Conservation Se ioa(MRCS).
approval
m aa RE SEE newspaper of general circulation and printed and
8.Access permit.Prior to consimrsion of Ste 5 ACWo..pursfor and uantbn an p NMINmti�ccess Permit from
A'°.a":fIdsMe"'° published in the City of Greeley in said county and
OM. senumborwbeeWnthams.
ARTICLE IV
menbry01.1clRepm•tloneand Zoning P•rmlb mgn°°unreasonably; �N° 'van �e�el state;that the notice or advertisement, of which the
4NW4nn6•Perm4WgR.SUlmmmts0131SG"erab9e and for Erwgylpclg,,,p
eemdat•..'^nFrejRoans(5ACRESEF, annexed is a true copy, has been published in said
See.xg.6-ass.-auanmx...Ws.m,maw•6w sow Energy G.T.5 ACRE SEE epwrem must saw n.t a reasonable an ma e�ome
Add N.• .4 S..t^,FWe15)A<ree(5ACHESEM. c ent MM M m:,d 344 eras °M°„op.,. daily newspaper for consecutive (days): that the
The g ewe b H cites.are required bf.SPORE SEF p p se«M.Damly.aterepr.e.nb'.
A Surface Ora..Anal..Al the 1.or 5 ACRE SEF applies.aubmmY. Mtancetl uas of Noumea b ma eMdad wit.
pMIlmlrery aMnag.realm shah tea pmlded 1p wow by M.w.M G°wry H.Dnry".S ACRE SEF Hanma.a 35 eves frosACRE SEF may he located
notice was published in the regular and entire issue
DeparMent of Pak Warn pursuant m a.fa...merits el CMper B,Article xI of - edblery°djm°nloarmuw SEF per
'Offing gforaGM.Penrsba°w°reM.g•rep.stamped.n° seen of every number of said newspaper during the
,gnedb:Role..Engineerregs.dln e3.ofColor..regrere°Bat • .g,,,g._�Igp„mBlerWndGMmm.erS.GREBEP.�
shall beprole°band.ntfnedin°eren.seg..lop entwdnm.Mg ppgagpnmgNmnl.,azrolMWa:
surface _ il_prop W m•hNANASCmptMm g oe 1DGENERATORor5ACRESEFfW period and time of publication of said notice, and
eMMbadm Gre dmamredwMi<r �bda bd«mm tlgkMmgb „ai.b ln,.aNgP,me
AM Impervious
9owa by e.HuuMl Res Ulna ources Canumpbn SaMM(NRC91 Indus..-NooW an
B.Bust end Weed Mitigation R.I.Dm,wa�6en Pbn,h.F be provided at M.
MfdH.-mma�. in the newspaper proper and not in a supplement
ACRE SEF azM.TT.sabre.. hion nmm •°.p PN MMe t'A Mty rep`ham" •°°hare" UBEB.an 5° thereof; that the first publication of said notice was
methods by whin duel..hating from Me•
prepMed 5 ACRE SEF end Me wad STrEETS...E
mdaguponMeIm"rid"" 'b mllryam roe^"n°rdlwD)I t°rnap�•dWINDGEMER°T°R°r5^DREaEP 2nd day of May A.D. 2021 and the last
c.Moo..Mapping.On Me map of 1.base area,cr another a.ropmte map,
^' °"°° '"°° °a °"°°"°'m°"b bnOFF aaMatdm leaf .lUl.4547..ffif o)...TT. publication thereof: in the issue of said newspaper
assoc.• .Xv associated 5DanteSEFkmadmrse«ed ha men• a.A
m nooyleb.(Notr.nnesgCRE SEF buaan is.laulaO MnbeSpwrp ,arcade wale to anax:
FRO KR.Area identified by maps oMdatN°oPtea W wen county,a RFT. 2nd day of May A.D. 2021 has been published
Hazard Derebprovat Per.WHOP)b numbed prier o a WBtlbg permit The FHOP 1.The proposed bcatbn alms WIND GENERATOR or 5 ACRE SEF and other support
Issued by the Weld County Department of P.N.S..pmauab m Article XI STRUCTURES(guy wires).Inducing distances ham Me property LOT lino,.above-
el this g power finer.Mph.rGRDDTURESpn proper„' continuously and uninterruptedly during the period
• bommrsdanbg..malionPNn.AsecommiseionInffiRedammbnP.N. E.-"[maga
me«5ACREBEFppyNtionwbmdfwmch.besgnedb ofat least six months next prior to the first issue
.pa;„°m;;as.Mrdecammlmbninga,HMelahaprm.Id different adMessIng 3 R b°,can be ma. aiele Mat pro.. res.Ingressandmos
IhabyoMrg: "3G 3TREn;,Ro^D.AN aa,.aeaa anMl lava aa,°rdare.Mm lM a<Ma, thereof contained said notice or advertisement
require..set art n Chap..al this Code.
LD°wmmi°sbninghadamartenshall ammerya..tw°Ne(t2 .se
rye•••ae.n Ybrpoww
nb•Permanendd.wm°MMd nlwe5re(12)monN 4.n° mg
.from 5.-N°rse, above referred to; that said newspaper has been
Me Mondwof Me a«ommleolcmnareoRAROon wen:N
S. a ten d.dapm„.Pond,.dmmreeNS5SE dwerbesma NNo S admitted to the United States mails as second-class
AI
of Mast three(31�t be.grade map be roma.d. certified list of the names adare.,ea arm the moresp°bomg Parma id•ntiewnan
,.An rem„grave.areasMir°"�made shard be removed nnlea.landowner m d M cowry s a=r of ma •rs prop (I w matter under the provisions of the Act of March
state)MwngAsa Armed)5a)by of Me popery line of Me parcel on whim Me
esmnd,mW a wNmM.pmpedyaPo g"tar WINDGENERATCco.,ARESEFfat be°morel sem of swell 3,1879, or any amendments thereof; and that said
mmm m anhed E.w..1anaks or t apdab t abstract
9.
a.unly
';e°pme ama5 E°Ell: "'g " '""m'b"°"" "d°"°""'° compa or ny
^ ^ y a „ N, � ss newspaper is a daily newspaper duly qualified for
e':p�< m..such fist was arm I3d)dam«tha
S.Thedee«°permswnereline3^°RESEE'•reaponsbleforthedecomm'°ebnng °p " publishing legal notices and advertisements within
g,Decomwesbnmgredamelton seal astimeba.wnkn shell be updated nary Ins "'"• '•'''°T0.'ON•g"'pn«mrMomr...rolrow.:
(5)y«M lMm me asbpadmnt pd subMNM IN Ms Sxamy.mall lncluee al costa The rd«Carry C "7nryt,'delouf o'ors"uMarny orgrse ,:rmis
dwdMnnedi,mseem.m.rendg,abo fedHWIN°Ibdgryc°males"b ,aw„DGEMEotern. rs .0.1.Nicherin.rewessha1 eparirm, the meaning of the laws of the State of Colorado.
and site rubmatbn azmare•,mcludlrg IN toliewig•bmenu' SMrddCwnh CpmmMso"n MmugM1a Wdic hearing pm<euotM DapamreM
IN Manning Services upon a Marna.by the Department Mac
on enapment Importation,ere Mosala°d am«ate°.Me remo.
plan Mary cemesnents.rn Me fad..
b.M MIS 8...4 WM full reetanmaon pI Its hcilly site.Indu«fg removal of .The Departnrent of pM F.3 ServlMs Me wnl halve and iga moat re<Mud ague°
GENERATOR
3M4«wrroundeg omoamr aware wain Eva
anronw bola.Inrm,anaanevusiw sussmaa. hundred(yap)feet nUs.awpp�'rymy in opposition b me mime or rat°wrxo
l.caste re era a MM mdamaaon of orry primary asIiwlnnp sob al me Mckry GENERATOR or s ACRE BEF wlwn MenlypgN 128IkMs.
n ry«m'Naco ate ccndtionn
was Ware arslaru"oMrc o1°'re"bmam envamare mend Saa.23S1g Convnbrnenergy andeardot as.
County pprmusMor aermn mMdar
Ae dazommbsiordndm«wflm azeviry mawgement,site wpervblom We salary soma n shag n°mah'mgbtwir aegremtinatiPo in approving m demdng a Permit
a. For�eclBSoler Energy FpiNty(SEFI°°anion b Nose ailerb emenenb Agent
in Chapter 23. A t gen
e.Any Wet a.Including admiNfmMe sofa.associated wits the d•sommIss.ng •
Iona L
and roMmtirrst of the legibly Wffi ono 001•119 Mno H and add New.
LThe estmeted dale of submission alms Security.weld Counry Requirements ark Standards,.Mlowig°ubml45 and standards era
fa.yWe.credttbak aaeenasbfo� Subscribed and sworn to before me
ol u'..n.mo:n„uf;ham nd.eadmatedd.ammis«pnmgredw. t urfaceDana.Anaryam.AltNtine«tlEFapp. submit.apm..,
Prior gaimdbyM DM..M3.cairyna Pull. report atoll b provided for renew by m.wets Cp"nh D.p,m vat e. this 23 day of May, 2021 in the
S.Name Me Boar f County Comm...of were County es the sole benetidary P ,b,mind wr•emm,pen.A gr.aue of sneswe reo n su°mpaa and mad
e.BMed letter bya�c. beMbeaiaalE�°"rMgham°M'b`3b"°'Diomars °sab'b" County of State of Colorado.
b.Be,,fl by an amen CSN,,4l IMagen wed wan a Meng provided by Shp, • law°soil.Geations Me s scan under
ERNCA SIN eat ampf SSA Weld,
Mady'e,oF,AM Bu4 orpmarmtingagemywM«wlarnetlmafti pcatNations Me salunder Me anecbn is deeipMletl mydMogc
Aa B.groups by Its Nataal Ru°umee Conservation Service(MRCS),
O.
p Include
Ba bnbuptq mm°tw meekng me Sewn sore be"ureeacted by tna bankmptry NH and Weed MXg°Ibn Plan.The Dust Mnigetl°n Plan•NII be pmNded al me
l Be be n/NayRE r mole;operator. Xme OI SEF pPoatbn wbmgp,whim Mutles a description of Nose malhoM
whim dud emanating Imm Me Pars..SEF and Me weeds paving upon Ina
WeldCounty,In Ns sole ace...meyappmu el...tams IN Sxudry sad,as. Impa«NArea son be nag..
but rM bwm M bonds,learn of cfq'L comoreb gu.rfl°"Imm erenfk MOS. Roodplab Mapping.On Me map of Ne bear me,or anobwr°Ppr°pri°u mars
moons the County,or other wmntiee,'e itnds that such wbmaMe orrns..wde „p<ale arty loodpb5,wo<bw with Ne propos.Naumnn.of Me ham).
Mpgty«Mncol Mwurtes 1pdeammla«mingfwHmaaon , „ in...OM potential,wive.M a.relates m Me
Iha,pquallor...SSssMatpro .dbyM Mom.. didea Wald N ry Public
as,ocbW M pbb.(Nob:II Me SEF location Is.boated within a Special Flood
AMese b exomwookn, cbmaacn rend.W«d county ens Hazard Ansa identified by maps officially adopted M weld Comity.a Fb°a Hazard 4.o i
dno,upon lM irrewcede abndby lever el ped4 or p rorm herl ollnMW Development Pen.IFHOP)b requited pact to a bad.peat The FRCP b belled
reqarih.bpay lorae..sioning in dire event real its holder has non commenced WGTWf°..." e"rm,em of MT.4.5 saaices Wrsunt banbb xl«rob
amwes.ing/. ..nWM.wWn ninety(3o1°•ysma,e roam cl coanry CNprer.)
CNmmlssloeert order or Mwm3ona"mmgdewmmIMIawgfe5Mnaaon. seony,gRecla Ian Plan. DeamwssionyWIRedmMu
E.SmbmenlpwanaWMllM Coast..Imp.. in shell
beP.M.• zit....SEE np6caton wbwhal w^M WO be BOW qon PM pony
...No far deammHfonlrg and Me bnaowner In dlBereM).ad..°Me
t Describe what Woe...ruction oI me pmj.win have upon uemWronon IOWMng. _ R�
Pallems In eer4 intend..be semed or emcbd by Me pr°poe°I.
• «p*4SUSmaNpn mM ammo,wit n Iwa4e z)month.alter Acct#. 1099690 NOAALA NAJERA
2,Desedbe potential construction lmpazt on roads Mlnin Me Countµ Non as Wrmanemrry cease.and be ampleree n twee(z) NOTARY
g p dv
mo.friomthe.11 deb of Me won, NV'A AR B PUBLIC
g,Ider...npremmnla require..an foe.Mtd.Me County in order marve Me Ad#: 1796704 STATE OF COLORADO
Poled adequately_ ° washes GreeleyTribune May z,XS.TT..page t of z
NOTARY ID 20174031965
Cost: $223.47 MY COMMISSION EXPIRES JULY 31,2021
NORGE OF
SECOND R.DINO OF ORDINANCE
•
Pureuml m Me Wald Caney Home Rule CNMer,Ordinance Numbs,2020.20 win
Muoaucee m Oral remM2 m December 2,2020,and a mega bmmg and second
reading me nand m µmil M.Mt,MR cheem being rose m Mad babe.A mbec
bearem
Min Mmbe0adllg 0aand2adlaleheldn O2500 Oee)25..4 located is
Cauvery aWanMaMn Man..IS O Street Greek Co..s
eat.aa may 1.2onea Pam.M any ammo lnwaw 03,Me nor made, vet
are Mu..m Mend and may be MM.Mammas/2mcanas/MeW Clark
erk f
02emEmmOnlaan wa1030100.225,0r lax.BmBsd 5 -220a.w Me iw Nday
a 0 b«g gm a redwl of a casaba.you eager.reasonable acmmmotlaowlo
o p m anlapew es mg mMe4
.a Any backup omdne o nomraeon
ousty s.a.e.toJa 0 Board of Canny Cmmdesonr.mmamAg Ms Mae.
maiMvaminaaHMe makes Mo CbM to Me Board of Coma Cam kalonars.
famed MOM Ma Wel,Cam.,Adm.Nwon Biking.2150 O S..,Brea. E
Cabrcda,Maven IMtmbn of e4o am.and MORAL.Monday dm army.
33
messedthroughugh Me Wep Mu.Web page lewwwetlyw.mml.Era.,,,45nYrMassa 39
t..Conmiseionac may
be
ONNI b lee case WT.mum 5.
eemmwof yoreen4R earn.pen.Maollnlo'Nu ease ale,Pamen11 acopy
CHA
lagsalak0.4.sp0.
Oe OM NCEN02020M
ORDINANCE M1HE MATTER OF REPEALING AND REENACTING.MTH y
AMENDMENTS CHAPTER 25 ZONING,OF THE WELD COUNTY CODE ff OATE Of NEW EADINBt2.2e al.m a a.m.
NERSBOARD OF COUNTY COGNISSIO
WELD COURT,COLORADO
DATED:Apra JO,2021
PUBLISHED:May 2,2051,in tM1n Greeny-freune
CHANGES MADE TD CODE ORDINANCE 200920 ON SECOND READING:
CHAPTER 22
Amend Sem Da4MNena.m foams:
...Meng Am.mans end passes.when 5220' pMlhb CMmnr Mumma..
leases..11 bane•melange slaw n Me Sealant
(ECMIL TRANSMISCION UNE.Dm tryst.,Mead.line euppon
SRNCNRES.used na Mame ebeMe energy M arnou.of lee Man one bundled
3n3(115)kV.
LUNN LARGE SCALE SOLAR FACILITY
DeloN MEDIUM SCALE SOLAR FAWN'
SETBACK Toe badamlm doame Masan my BUILDING or STRUCTURE,as ``
mamma from thewblaet Prvl0rtian of Ma BUILDING or STRUCTURE.swept foe
mntemem.OOI0 dawFe0ouo,o Nees. Ind watched
puBLIC pdvale STHEETA1OAO RMMAMWAYOns ogler Man Mat of.ALL y.If
the als.g PUBLIC STREETMOAD o..aed by the TranepnME'an Plan awmw
Chapter als.Cndnesemlecbrar arterial STREET .Man Oro SETBACK ;.
awed moo 2s Mare dom.,Me.lna Mn9020anum raquIred RIOHT-0F
Md.Is mmtln Seaton Balre Ms Cods.So STRUCTURES..be al..
n Y al Me preps ly m M ar Mae Me
RrGMOF-
M RJ011F W Y Ones.M.O.O.M.O.M Saw Energy Facie..set N1M M Sac..23-
. -... 4.I030d MR Code. :
SPECIFIC 020aoPMENT PLAN:A Use by Spoke Rmemv endue.OPEN
MINING are MAJOR FACHIRES OF A PUBLIC UTILITY OR PUBLIC AGENCY), ff
FUNNED UNIT DEVE':OPMENTFlw Pw,SUBDIVISION MW GIN,mubdeeen ;
mai SUBDIVISION m7Os5m nee be
en en su2Nb0 m
Imd Gd raeN.esr...al or MMNmal appealwgal Bo.a Cwnly
o0N...o02Me PMnrdmCom.sab0MM5 cana1MAJOR FACILITIES OF ;e
IC MOM ON PUBLIC AGENCY.SITE-SPECIFIC DEVELOPMENT PLAN
intladea foal W00LA Dem.L lee purauenlm rim pr...al..V acnaprer
at of Ns COtle and Dem.Eo1C7br 1001 Saw Energy FSO,,g approved pummel..,. k
ma*000 VISO Gnawer 21 of 15,020de.200 ormn0'mal.7.4 by lM e
a carol CmxNesbnere Messes wine fig.pmwm to MI..of M.
aonC. naum epanum na MY be a SITE SPECIRC
DEVELOPMENT PLAN.
aM
Davis SMALL suLF COMMUNITY SOLAR FACILITY
SOLAR ENERGY FACILITY ISM roamn a common..Wes..se Primary y
La M:apply e2.nin are 2ener 0 one or more soar arrays and
na.MMgmml Including el6gadme. Ober
swe..w.balers storage,
• infr.imclun,Aenemlo,barn1sslon Bea.0mammbaMn fnn4udure,
w a0 m m4ndM MM..MM .A SEP a th
an an live Ul acres
a n aael5 ACRE0E SE SEP)a gemmed by la pm.wam eel loan m Dl 550 of ells
Cneplw 2 A BED n Ure NearNNMs Area as nhow2 on Merida 200 1S being mare
•
mm M)
Me 0C2m n sbe bin lass Man onanunend weer(100)gate.m In Ind
ere Appendix» 21-8 bong mom Man Ia.Isl am CO Ma Man
PUNAm nnmet on OEM muse.N gams.by Me mmcedues vet DM in Ankle II.
Dieuio0• OH N NBC.M A Mat SEFhmn plowed by permit.Pursuant loartle VI of r
Geer 21 of MG Code,and Mal nen m Improved Am of mom Man mr.ndred
My(1m1 ames in0 Nea t.en Ms s Mauer on MPendw
lsso)4 220)antes in Ow MARurol Area es Mown2on Append.215.
This deft.seal Mla4ade roof and/of mend mooed saw Symms lade m
L ACCESSORY BUJ GS rockd W gnod a e supply Bow w
Me pMwae USE(S1x W N r.
STRUCTURE:Any nerve MM Is NAL.amoeba.or erected.an edifice or BUILDING of
any 4 ea,any pleo Omsk nladely Mal um or comma.of pas joined Mather
a Pueuc wnam;m�ino arm Includes md:g Ilan floes,taus wrelrmlm la.,S.
a0.4 IMwing a rm4M ably.crosb5ded
or b0*5 4 by man.Modem Sul*ghoul MM.,BUILDINGS,tW.ma.wanes, •
aver...ELECTRIC
TRANSMISSION I MES.gas at
storage Wks Mato fnnelpala awn mama and min aawalam,.dings and
subsbans on SOIRiENERGY (SEES).
Mend Sea .ee by amm wlal revie outalae of aubd.l area and el Mme
as(allow.
.mewing BUILDINGS.STRCCTURES end USES may Mcmabuded.amp..
operated and maNte.stl on LOTS Dee of SNapIVISIO led HISTORIC
TOWNSJTESn Me A µAgweb� mama.mammon.and
fare Ewa M.upon po.all n a Spe.1 Ravi.
Pone.In accord.. IL
MentonD.ori of Cmyun or Are.It DMn 5.in Mcam of MAJOR FACILITIESL
OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A.Mu O.-NO saga.
FE SOLAR ENERGY FACILITIES GED%being mom Mm Ike Di Mane in e.but
on noon awn . i
less
anmlg roam Nan Me is acres GNIo.s lwrAJmre.auror.etawnry 020)meet
In Me AgRuN Area ea shwn on Apnndtr met
enema m.23-560:•Um by mcMI maw In euedabMne,m meow.
2M...BUILDINGS,STRUCTURES in
202 inn USES rota be mmhucw wapie0,
operated maMtMnd an LOTS M SUBDIVISIONS M Me A IApglMral)Zone
approval a Special..w P.m0t In eenrdana.wind Me rwylrementa
and pmneuna set..in...Il,Dninon•oI vale Cnepler..
S..23410.10. FACILITIES(sEF51.oalea m ore mllonal rpwromwue al
•
Roman.of BOaon-Amend Noalenae.
239305.-Gage by..walal no.In Maed0 Memsl05.a beams:
1,e k+mrng Su(DMGs,2mu0TUREs end USES may M cm5wam,acmiea
operated and maiNaow m Lars n HISTORICTowNsrres M in.A I5.10 al
.613 DIN.upon appro. I a Special wg Rere Permit In accordance00 wItM1 Met
m0erremerM and...as see lore MArhae U.melon a a lots Clopler. 4'
A.Mru II.-Na Mango.
O.SOLAR ENERGY.FACILITIES ISEPS1r wbjad Io do add*.neuWmme al •
SmBwr 2J410M
RBmandef eSeaO._No change.
22.T.Y10.-4 u.EM0 DIm
1(LIgnllndZm. .e2 a Mllawa:
0.nd aca-No..
C.Usn atawed rlalat Io Sila Plan RMew.TM NSowIng USES snag M Amnia
onepddaXMMMn9 approval and
recording
a•BM Plan n In accordance '
leeae approval X Division0 of'Mb Mani..Any USE made.aut.e al an ENcl.osED
BUILDING Mal 02 SCREENED from spasm PUBUC RIOHTS.OF.WAY a.
ADJACENT SCTSo any Zone Dist...or Ira.
2 Wu 2S.-No d2r0ge,
26.SOLO ENERGY FACILMEs 1SEFS1,wb)N to lhe eddaanal rogue...of
Section 214-1003.:
D.and E-Rosa .
F. w lye 4Ped0 Hasty.TM fag4M.P BUILDINGS,STRUCTURES and USES
operatedMMn
irUeL=Wed.operated and maed n Ind vet Zone 0INIa upon
appealm a a Derma aewdeme wbn Ma re.ldnmema 01 Artlae Il.Da020,19 of
MN Cbal..
Affidavit of Publication
tyowne dequip enit<anduit.atru.n.fencing,r mter to
and
depth alai lent Gree nbmma grade Nall beremoved.
ci Al fences.Navel. ears to..madb remw.dM.rd. .na
agreement Pis lerenM retain is presented.in "°gnmm"^the mop.owner agrees. STATE OF COLORADO
d.Property m a a...onwrnaaydmdaro.conditionpnn to
P. SS.ol.SE
a.Thedwelapercr owner of the BEFtereaper..for the.commwowg. County of Weld,
pecommbelminqrecinrmgon con emmme,wh.NA be updated wary arw
Of Nam from the wteplmmrt and abanw m the Seatiry.sw nw.as cos.
essocla..1 na eir.memenc recycling.and ea.:lisp's.of lamty common..
end see reclamation acti..Including...wingelements: Melissa Najera
.q, .I,.napnttlr,andwpe,atarwsaardaadwithnaremoval
�w.damp°n.nteaa m.te°thys.:
w.Ind.ng remerl of nett
native .Via, con;reclamation
`,:;a°`° .°lily of said County of Weld, being duly sworn, say
NM an,primary rh.,ltu.soisalthef defy
to wawa chat °°ec"mpe°:hallba materially similar re the co.bn that I am an advertising clerk of
was before oanstr.i.
MAI Nrlemng,recWnattenadabymalmgem»f,see supervision,m samy
v.Anyowma o; 4;a atlrco..wrcaled g deer m wad» THE GREELEY TRIBUNE,
and.gallT^a.°mare°date°f sub...of.Security ro Wald County.
aan" a�rian„:w°N::a"me: swarm..g,�.', that the same is a three days weekly plus Sunday
costs mera hdaMPGe..,,.Searay.1:
1.Name fM Board of CountyCommisson.reof Weld Comely as the s.benalkiary newspaper of general circulation and printed and
of the Naar m amid;
gE Issued byanP.M insk.n based upon aWingpm„dedbyEAp. published in the City of Greeley in said county and
Moody,.Fria,.AMP.orW f...agency..eimgarcr entate.
N.lenndeanautema.1. 'Md.*m.e, reenclaus;:and state; that the notice or advertisement,of which the
aanar°plcyremote,me.n0 the Srarlryw he unattached by the baumpa annexed is a true copy, has been published in said
of Gs SEF operator.
Co..as.but mb;wre.nmay»mwe.rwaw"rm It ndsthatsam daily newspaper for consecutive (days): that the
.0Co mdredit.oreNUNN.nles.aIt..,rah
Milted
p' w predide.arprnae al mailability m Mate.rernw,
^rein told°ma"n'°"" °'exceeds ° ""`m notice was published in the regular and entire issue
Access decommleNon remmaaan nag,wma County mall have the
x"urM/.mpaykra ommle.Wngl ilyyav:nrt� NN:fro of every number of said newspaper during the
t commenced
C ma ob.rof..tio"aw�Oa to: °"°"Some°"""" period and time of publication of said notice, and
'.8alemwtNT...MeanCmat,udnImpacts. in the newspaper proper and not in a supplement
of th mg...aeaal P.P... thereof; that the first publication of said notice was
poems
.lMo...intended be p,drmadswthaMe ty. 2nd day of May A.D. 2021 and the last
denro„Improvements rgulmdkanym.dewrolnkoCoaty.lnaderfdeevotho
p"» °°'°a"" publication thereof: in the issue of said newspaper
map and te Palk mitigate construe.Pa Mews la the area
»""° °°"'p"°w°°SE,
""°°"ty"` 2nd day of May A.D. 2021 has been published
C.Gwaepmant Wanda.rora SEF.
,.Haight gmfrallon..nd.n,umedsolarco .Wien not e.dr.M,ae,,,, continuously and uninterruptedly during the period
feet0WNWmeasuredhemMa Nov,grad°arm eve"murp.n�f°n nlMmaf
w1CMp1 the polar
panel
"'°'ton of at least six months next prior to the first issue
2. F ON.desgn.,bated or paced so oat concentrated ed.
re'ays.;ny°r`mee" .'be`mm.dlow.ora"n°a~prop°hem thereof contained said notice or advertisement
road of Ihe day
;M"led:The
Improved
.°;N:n:�mprovedveamustell le.lTw:m,�: above referred to; that said newspaper has been
ale
w.,Irmmmwe.opm a and er...ir rii.mad be a�reduced admitted to the United States mails as second-class
roamed as.um g Wagh landscape or`ane1°`°p due ranee Istaatailed, upon
saarpdo Weld
County
millal ap°to..."a"'"`"Iffloond..°consent
matter under the provisions of the Act of March
awner agreeing ro the Nuer...If 1anmrpag or M1mdrgaa.stlaaa
Iapan aandng pen°naarave.wbmlaeaaace approved
by the
m""a P.°"°S 3,1879, or any amendments thereof; and that said
byNegation.The opera. the SEF m�c,ntinuoue,employ the maces
Su, t ell buw°rite"°"""'°vent'°"lip°`°rim'»°rwq°'re° newspaper is a daily newspaper duly qualified for
5. """d cab1°` le except MI adba r robes on IN Improved area al.Wiled, publishing legal notices and advertisements within
for Arad ourrem song Mhos cal conned tent..solar altembra direct
n roar(Af
aboveg"°cmagaeubrol..`mya,..andcimtlt°more the meaning of the laws of the State of Colorado.
ik.*(where n.»rar„.
6..rang.The SEF°^all be enclosed..a sea.tares as app..purulent a
.clog pen submi ed bare Gees...of Phin.ng SeMrs Appeopriale sig age
Nall be placed upon such Wang that warns a.public of the Ngh voltage amen
Po mmater management The operear of one SEF s.1 mid.a Mawage report
b comply won req..SWm Dminago Criteria pumuent to_chepter S.Artble XI d
na Coro..a.itio M reguirarn.tar Munapal Soper.Norm Sewer
S m
r la om)
aw may be apace.pursuant ro C..a.PM..IX al t.Cara reu G
sump M1mn mgervaur au.ce omaa.w
lot soil under the collector.as naxdrydmbgic A care so39rupsbyr^a Namal
Nweurcoe Conrmgoneerv4re INlon of 16.<7 ;
' 1-74A-
B.Pa.r qm+t.nlor m rnndrrmir cur Ina SE5"a applicant snag apply cur
p ale p.ie Ark; 'of.aourof a°sCode.lef >ha. Agent
r o ann r,
teatto idn earns. tara Nadere pan mats SEF m
not unreasonably Interfere win lea,Imgat W aye. m ma on ad,awm te the spa lama„
O.Nee SE, been a must elew oat m and oarnanac d n proposed Subscribed and sworn to before me
have ern adequately N..rd the proposed action Is consistent
prte toll a ty rep,rte.teaW.dcaw
rces
eraeaSEITFea.eted.M NEDby the Bathatthe Clad.tetheBoadbe..and this day of May, 2021 in the
hereby Needed roll°range'kr..code ...Pent the Weld County Cade
Nhke amendment,contained
mwM1te..e . a..grams n,Na`ea::g;pac Coun of Weld, State of Colorado.
GAINED by the Board,If wy r a»a
P.S.N.'WFURTHER
�HE or phrer of the odn.nce I.ler any me.h�
or decb"d k be weans..W,sudn dec ten shall era affect cue retlNry of tha
remaining portions harem.The B..of county...one.hereby.wry that q
3
I.aGnance In each are every.Edon,subsection,pamgmpn,
sentence.clause,and Phrage thereof mupa.e coy.bq that any one or more
sentences.elm.,or pods.NNW be declare°
to. r uncoiludorl w paragraphs,
Pubes.Greeley Tr..- g.gogt•mew.page q of g
N y Public
SHAYLA NAJERA
Acct#: 1099690 NOTARY PUBLIC
STATE OF COLORADO
Ad#: 1796705 NOTARY ID 20174031965
Cost: $63.03 MY COMMISSION EXPIRES JULY 31,2021
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2020-20 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
December 2, 2020. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley,
Colorado 80631, on December 16, 2020. All persons in any manner interested in the reading of
said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 0 Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2020-20
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 16, 2020, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 2, 2020
PUBLISHED: December 4, 2020, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2020-20
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of 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, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
j—C62 L `Y/ l
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain Sections or portions thereof of existing Chapters of the
Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the
various Chapters are revised to read as follows.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. - Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
LARGE SCALE SOLAR FACILITY: A facility for the production of electrical energy from
energy produced by the sun including solar energy collectors, power generation facilities, facilities
for storing and transforming energy, other appurtenant facilities and any transmission lines, which
is developed for the purpose of supplying or distributing electrical energy to users, a customer or
customers and will have a rated capacity greater than thirty (30) megawatts. This designation
shall not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and
ACCESSORY BUILDINGS and designed to supply power to the principle USE(S) on site. Large
Scale Solar Facilities are permitted in the A (Agricultural) Zone District, which 1) are located
outside three (3) miles of existing city limits, 2) meet the definition of"Rangeland" as defined by
the NRCS, and 3) meet all the requirements pursuant to the procedures found in Chapter 21 of
this Code. Large Scale Solar Facilities are also permitted in the 1-2 and 1-3 Industrial Zone Districts
pursuant to the procedures found in Chapter 23, Article II, Division 3 of this Code.
MEDIUM SCALE SOLAR FACILITY: A facility for the production of electrical energy from
energy produced by the sun including solar energy collectors, power generation facilities,
facilities for storing and transforming energy, with a rated capacity over five (5) MW, but less
than thirty (30) MW, other appurtenant facilities and any transmission lines under one hundred
fifteen kilovolts (115 kV), which is developed for the purpose of supplying or distributing
electrical energy to users, a customer or customers and is located on twenty (20) acres or more.
This designation shall not include roof and/or ground mounted solar systems located on
permitted PRINCIPAL and ACCESSORY BUILDINGS and designed to supply power to the
principle USE(S) on site. Medium Scale Solar Facilities are permitted in the A (Agricultural)
Zone District, which 1) are located outside three (3) miles of existing city limits, 2) meet the
definition of "Rangeland" as defined by the NRCS, and 3) meet all the requirements pursuant
to the procedures found in Chapter 21 of this Code. Medium Scale Solar Facilities are also
permitted in the I-1, 1-2 and 1-3 Zone Districts pursuant to the procedures found in Chapter 23,
Article II, Division 3 of this Code.
SMALL SCALE COMMUNITY SOLAR FACILITY: A facility for the production of electrical
energy from energy produced by the sun including solar energy collectors, power generation
facilities, facilities for storing and transforming energy, with a rated capacity of up to five (5) MW,
other appurtenant facilities and any transmission lines under one hundred fifteen kilovolts
(115 kV), which is developed for the purpose of supplying or distributing electrical energy to users
and/or, a customer or customers. The facility shall not exceed twenty (20) acres or twenty percent
(20%) of the total parcel size, whichever is less. No SMALL SCALE COMMUNITY SOLAR
FACILITY shall be located closer than two hundred (200) feet from any other solar facility. Small
Scale Solar Facilities are permitted in the A(Agricultural) Zone District pursuant to the procedures
found in Chapter 23, Article II, Division 4 and also permitted in the I-1, 1-2 and 1-3 Industrial Zone
Districts pursuant to Chapter 23, Article II, Division 3 of this Code. This designation shall not
include roof and/or ground mounted solar systems associated with PRINCIPAL and
ACCESSORY BUILDINGS and designed to supply power to the principle and/or accessory
USE(S) onsite.
Amend Sec. 23-3-40. - Uses by special review outside of subdivisions and historic
townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,
Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A. thru Q. — No change.
Delete R and reletter subsequent items.
FF.SMALL SCALE COMMUNITY SOLAR FACILITIES, subject to the additional requirements of
Section 23-4-1030.
Amend Sec. 23-3-310. - 1-1 (Light Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1
Zone District following approval and recording of a Site Plan in accordance with Article 11,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 16. — No change.
Add 17 and renumber subsequent items.
17. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
27. SMALL SCALE COMMUNITY SOLAR FACILITY, subject to the additional requirements
of Section 23-4-1030.
D. and E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. — No change.
Delete 7 and renumber subsequent items.
Amend Sec. 23-3-320. - 1-2 (Medium Industrial)Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 15. — No change.
Add 16 and renumber subsequent items.
16. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
29. SMALL SCALE COMMUNITY SOLAR FACILITY.
D. and E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 5. — No change.
Add 6 and renumber subsequent items.
6. LARGE SCALE SOLAR FACILTIES pursuant to the procedures found in Chapter 21 of
this Code.
Delete 8.
Remainder of Section — No change.
Amend Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. thru 19. — No change.
Add 20 and renumber subsequent items.
20. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section
23-4-1030.
34. SMALL SCALE COMMUNITY SOLAR FACILITY, subject to the additional requirements
of Section 23-4-1030.
D. thru E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 5. — No change.
Add 6 and renumber subsequent items.
6. LARGE SCALE SOLAR FACILITIES pursuant to the procedures found in Chapter 21 of
this Code.
Delete 7.
Remainder of Section — No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
NOTICE OF
FIRST READING OF ORDINANCE .
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2020-20 published below, was introduced and, on mo-
tion duly made and seconded, approved upon first reading on
December 2,2020.A public hearing and second reading is sched-
uled to be held in the Chambers of the Board,located within the Prairie Mountain Media, LLC
Weld County Administration Building, 1150 0 Street, Greeley,
Colorado 80631,on December 16,2020.All persons in any man-
ner interested in the reading of said Ordinance are requested to
attend and may be heard. Please contact the Clerk to the PUBLISHER'S AFFIDAVIT
Board's office at phone(970)400-4225,or fax(970)336-7233,pri-
or to the day of the hearing if,as the result of a disability,you County of Weld
require reasonable accommodations in order to participate in State of Colorado
this hearing.Any backup material,exhibits or information previ-
ously submitted to the Board of County Commissioners concern-
ing this matter may be examined in the office of the Clerk to the
Board of County Commissioners,located within the Weld County
Administration Building, 1150 0 Street, Greeley, Colorado, be-
tween the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday, The undersigned, Melissa Nalera ,being first duly
or may be accessed through the Weld County Web Page(www. sworn under oath,states and affirms as follows:
weldgov.com). E-mail .messages-sent-.to an_individual_Commis-
sioner may not be included in the case file.To ensure inclusion
of your e-mail correspondence into the case file,please send a 1. He/she is the legal Advertising Reviewer of
copy to egesick@weldgov.com. Prairie Mountain Media LLC,publisher of the
ORDINANCE NO. 2020-20 Greeley Tribune.
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND 2. The Greeley Tribune is a newspaper
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF of general circulation that has been published
THE WELD COUNTY CODE continuously and without interruption for at least
DATE OF NEXT READING: December 16,2020,at 9:00 a.m.BOARD OF COUNTY COMMISSIONERS fifty-two weeks In Weld County and
WELD COUNTY,COLORADO meets the legal requisites for a legal newspaper
DATED: December 2,2020 under Colo.Rev.Stat.24-70-103.
PUBLISHED: December 4,2020,in the Greeley Tribune 3. The notice that is attached hereto is a true copy,
******* published in the Greeley Tribune
WELD COUNTY in Weld County on the following date(s):
CODE ORDINANCE 2020-20
IN THE MATTER OF REPEALING AND REENACTING,WITH AMEND- Dec 4.2020
MENTS,CHAPTER 23 ZONING,OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD,STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of
Weld,State of 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 9‘...16WHEREAS,the Board of County Commissioners,on December 28, C D�/,' /
2000, adopted Weld County Code Ordinance 2000-1, enacting a Signature
comprehensive Code for the County of Weld,including the codi-
fication of all previously adopted ordinances of a general and
permanent nature enacted on or before said date of adoption,
S bscribed and rn to me before me this///���
WHEREAS,the Weld County Code is in need of revision and clari-
fication with regard to procedures, terms, and requirements —,`' dayof �1( lJ�[/1
therein.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Com-
missioners of the County of Weld,State of Colorado,that certain3(' •
Sections or portions thereof of existing Chapters of the Weld
----Inc\jyAeri
County Code be,and hereby are,repealed and re-enacted,with
amendments, and the various Chapters are revised to read as Notary Public
follows. CHAPTER 23
ZONING
Amend Sec.23-1-90.-Definitions.
The following specific words and phrases, when appearing in
this Chapter in uppercase letters,shall have the meanings stat- SHAYLA NAJERA
ed in this Section: NOTARY PUBLIC .
STATE OF COLORADO
LARGE SCALE SOLAR FACILITY: A facility for the production of NOTARY ID 20174031965
electrical energy from energy produced by the sun including so-
lar energy collectors, power generation facilities, facilities for (SEAL)
storing and transforming energy, other appurtenant facilities
and any transmission lines,which is developed for the purpose
of supplying or distributing electrical energy to users,a custom-
er or customers and will have a rated capacity greater than thir-
ty (30) megawatts. This designation shall not include roof
and/or ground mounted solar systems located on permitted Ad Number: 1760047
PRINCIPAL and ACCESSORY BUILDINGS and designed to supply Fee: $107.16
power to the principle USE(S)on site.Large Scale Solar Facilities
are permitted in the A(Agricultural)Zone District,which 1)are
located outside three(3)miles of existing city limits,2)meet the
definition of"Rangeland" as defined by the NRCS, and 3) meet
all the requirements pursuant to the procedures found in Chap-
ter 21 of this Code. Large Scale Solar Facilities are also permit-
ted in the 1-2 and 1-3 Industrial Zone Districts pursuant to the 1.4
procedures found in Chapter 23, Article II, Division 3 of this
Code.
MEDIUM SCALE SOLAR FACILITY:A facility for the production of
electrical energy from energy produced by the sun including so-
lar energy collectors, power generation facilities, facilities for
storing and transforming energy,with a rated capacity over five
(5) MW, but less than thirty(30) MW, other appurtenant facili-
ties and any transmission lines under one hundred fifteen
kilovolts(115 kV),which is developed for the purpose of supply-
ing or distributing electrical energy to users,a customer or cus-
tomers and is located on twenty(20)acres or more.This desig-
nation shall not include roof and/or ground mounted solar sys-
tems located on permitted PRINCIPAL and ACCESSORY BUILD-
INGS and designed to supply power to the principle USE(S) on
site.Medium Scale Solar Facilities are permitted in the A(Agri-
cultural) Zone District, which 1) are located outside three (3)
miles of avietinri ni+s,fimitc 71 meet the riefinitinn nf"Aannelan-
d"as defined by the NRCS,and 3)meet all the requirements pur- _ _
suant to the procedures found in Chapter 21 of this Code.Medi-
um Scale Solar Facilities are also permitted in the I-1,1-2 and 1-3
Zone Districts pursuant to the procedures found in Chapter 23,
Article II,Division 3 of this Code.
SMALL SCALE COMMUNITY SOLAR FACILITY:A facility for the
production of electrical energy from energy produced by the sun
including solar energy collectors,power generation facilities,fa-
cilities for storing and transforming energy,with a rated capaci-
ty of up to five (5) MW, other appurtenant facilities and any
transmission lines under one hundred fifteen kilovolts(115 kV),
which is developed for the purpose of supplying or distributing
electrical energy to users and/or,a customer or customers.The
facility shall not exceed twenty (20) acres or twenty percent
(20%) of the total parcel size, whichever is less. No SMALL
SCALE COMMUNITY SOLAR FACILITY shall be located closer than
two hundred(200)feet from any other solar facility.Small Scale
Solar Facilities are permitted in the A(Agricultural)Zone District
pursuant to the procedures found in Chapter 23,Article II, Divi-
sion 4 and also permitted in the I-1, 1-2 and 1-3 Industrial Zone
Districts pursuant to Chapter 23, Article II, Division 3 of this
Code. This designation shall not include roof and/or ground
mounted solar systems associated with PRINCIPAL and ACCES-
SORY BUILDINGS and designed to supply power to the principle
and/or accessory USE(S)onsite.
Amend Sec.23-3-40.-Uses by special review outside of subdivi-
sions and historic townsites.
The following BUILDINGS, STRUCTURES and USES may be con-
structed,occupied,operated and maintained on LOTS outside of
SUBDIVISIONS and HISTORIC TOWNSITES in the A(Agricultural)
Zone District upon approval of a Special Review Permit in ac-
cordance with the requirements and procedures set forth in Ar-
ticle II, Division 4 of this Chapter,or Article II, Division 5,in the
case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC
AGENCIES.
A.thru Q.-No change.
Delete R and reletter subsequent items.
FF.SMALL SCALE COMMUNITY SOLAR FACILITIES,subject to the
additional requirements of Section 23-4-1030.
Amend Sec.23-3-310.-1-1(Light Industrial)Zone District.
A.and B.-No change.
C. Uses allowed subject to Site Plan Review. The following
USES shall be allowed in the I-1 Zone District following approval
and recording of a Site Plan in accordance with Article II, Divi-
sion 3, of this Chapter. Any USE conducted outside of an EN-
CLOSED BUILDING shall be SCREENED from adjacent PUBLIC
RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other
1-3.
1.thru 16.-No change.
Add 17 and renumber subsequent items.
17.MEDIUM SCALE SOLAR FACILITIES,subject to the additional
requirements of Section 23-4-1030.
27. SMALL SCALE COMMUNITY SOLAR FACILITY, subject to the
additional requirements of Section 23-4-1030.
D.and E.-No change.
F. Uses by Special Review. The following BUILDINGS, STRUC-
TURES and USES may be constructed, occupied, operated and
maintained in the I-1 Zone District upon approval of a permit in
accordance with the requirements of Article II,Division 4 of this
Chapter.
1.thru 6.-No change.
Delete 7 and renumber subsequent items.
Amend Sec.23-3-320.-1-2(Medium Industrial)Zone District.
A.and B.-No change.
C.Uses allowed subject to Site Plan Review.The following USES
shall be allowed in the 1-2 Zone District following approval and
recording of a Site Plan in accordance with Article II,Division 3,
of this Chapter. Any USE conducted outside of an ENCLOSED
BUlLOING shall'be SCREENED from-adjacent PUBLIC RIGHTS-OF-
WAY and ADJACENT LOTS in any Zone District other 1-3.
1.thru 15.-No change.
Add 16 and renumber subsequent items.
16. MEDIUM SCALE SOLAR FACILITIES,subject to the additional
requirements of Section 23-4-1030.
29.SMALL SCALE COMMUNITY SOLAR FACILITY.
D.and E.-No change.
F. Uses by Special Review. The following BUILDINGS, STRUC-
TURES and USES may be constructed, occupied, operated and
maintained in the 1-2 Zone District upon approval of a permit in
accordance with the requirements of Article 11,Division 4 of this
Chapter.
1.thru 5.-No change.
Add 6 and renumber subsequent items.
6.found LARGE CSC At E 2OL R F C ILTIES pursuant to the proceaures
in
ode.
Delete 8.
Remainder of Section-No change.
Amend Sec.23-3-330.-1-3(Heavy Industrial)Zone District.
A.and B.-No change.
shall be allowed in the 1-3 Zone District following approval and
C.Uses allowed subject to Site Plan Review.The following USES
recording
of arSite Plan in accordance with Article II,Division 3,
of this
1.thru 19.-No change.
Add 20 and renumber subsequent items.
20.MEDIUM SCALE SOLAR FACILITIES,subject to the additional
requirements of Section 23-4-1030.
requirements COMMUNITY SectioOL3 4 FACILITY, subject to the
additional
D.thru E.-No change.
F. Uses by Special Review. The following BUILDINpGS, STRUC-
TURES maint maintained in the 1-3 Zone be constructed,
District upon approval of a permit andn
accordance with the requirements of Article II,Division 4 of this
Chapter.
1.thru 5.-No change.
Add 6 and renumber subsequent items.
6. LARGE
Ch
apter S SOLAR FACILITIES pursuant to the procedures
found
1
e.
Delete 7.
Remainder of Section-No change.
t
Board be, and FURTHER
is, directedED Board arrrange for Muhe nicode to
supplement the Weld County Code with the amendments con-
sto toschapters,articles, is
sec-
tions,and subsections they currently estwithinsaidCode;
and to resolve any inconsistencies regarding capitalization,
grammar,and subsectionsrplace
in entd fCode.apters,articles,di-
and
BE IT FURTHER ORDAINED by the Board,if any section,subsec-
tion,paragraph,sentence,clause,or phrase of this Ordinance is
any portions deci-
sion shall not affect the decided
iidity,of the remainng unconstitutional,such heci-
res that it
would have renact d this Ordinance in each aherebnd every section,
subsection, paragraph,sentence,clause,and phrase thereof re mig be ir-
respectivede-
clared of the fact that any one or more sections, subsec-
tions,clare paragraphs,
orbe unconstitutional or invalid.or phrases
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission and the Board of County Commissioners in the
Hearing Room, Weld County Administration Building, 1150 0 Street, Greeley, Colorado, at the times
specified below. A Second and Third reading of said Ordinance will be considered on December 16, 2020
and December 30, 2020.
The complete case file may be examined by calling the Department of Planning Services at (970)
400-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631. E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call
the Department of Planning Services to obtain the appropriate contact information. For inclusion of
any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com.
If a court reporter is desired for either hearing, please advise the Department of Planning Services
or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities
Act, if special accommodations are required in order for you to participate in this hearing, please contact
the Department of Planning Services at (970) 400-6100, or the Clerk to the Board's Office at (970) 400-
4255, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of
County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the
Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing
continuance information. The application may be updated at any time at the request of the applicant, or in
response to public input, referral responses, or staff recommendations. During the public hearing process,
the Planning Commission and Board of County Commissioners reserve the right to amend the findings,
conditions of approval, and/or development standards in the proposed resolution.
DOCKET#: 2020-87
PLANNING COMMISSION DATE: December 1, 2020
TIME: 12:30 p.m.
BOARD OF COMMISSIONERS DATE: December 2, 2020
TIME: 9:00 a.m.
CASE NUMBER: ORDINANCE 2020-20
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY
CODE.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: November 19, 2020
PUBLISHED: November 21, 2020, in the Greeley Tribune
Notice
Pursuant to the zoning laws of the State of Colorado and
the Weld County Code,a public hearing will be held before the
Weld County Planning Commission and the Board of County
Commissioners in the Hearing Room,Weld County Administra- Prairie Mountain Media, LLC
tion Building, 1150 0 Street,Greeley,Colorado, at the times
specified below. A Second and Third reading of said Ordinance
will be considered on December 16,2020 and December 30,2020.
The complete case file may be examined by calling the De-
partment of Planning Services at(970)400-6100 to make ar- PUBLISHER'S AFFIDAVIT
rangements with the case planner,or at the office of the Clerk to
the Board of County Commissioners,Weld County Administra- County of Weld
tion Building, 1150 0,Street, Greeley,,Colorado 80601. E-Mail
messages sent to an individual Commissioner may not be in- State of Colorado
cluded in the case file.To ensure inclusion of your E-Mail corre-
spondence into the case file prior to the Planning Commission
hearing,please callthe Department of Planning Semites toa ob-
tain ny
correspondenxpprior to contac
t
of�Canu o For onnarsla incf lusion
E-
mail emesicketveldgov.com.
If a court reporter is desired for either hearing,please ad- The undersigned, Melissa Nalera ,being first duly
vise the Department of Planning Services or the Clerk to the
Board's Office,in writing,at feast five days prior to the hearing. sworn under oath,states and affirms as follows:
The cost of engaging a court reporter shall be borne by the re-
questing arty.,In accordance with the Americans with Disabili-
ties Act if special accommodations are required in order for you 1. He/she is the legal Advertising Reviewer of
to participate in this hearing,please contact the Department of
Planning Services at(970)400.6100,or the Clerk to the Board's Prairie Mountain Media LLC,publisher of the
Office at(970)400-4255,prior to the day of the hearing.All cases
scheduled before the Planning Commission or Board of County Greeley Tribune.
Commissioners are subject to continuance,due to lack of quo- 2. The Greeley Tribune Is a newspaper
rum or otherwise.Contact the Department of Planning Services
or the Clerk to the Board's Office at the numbers above,for of general circulation that has been published
hearing continuance information.The application may be updat-
ed at any time at the request of the applicant or in response to continuously and without interruption for at least
public input,referral responses,or staff recommendations.Dur-
ing fifty-two weeks In Weld Countyand
the public hearing process,the Planning.Commission and
Board of County Commissioners reserve the right to amend the meets the legal requisites for a legal newspaper
findings.conditions of approval,and/or development standards
in the proposed resolution. under Cob.Rev.Stat 24-70-103.
DOCKET2020-87
PLANNING COMMISSION DATE December 1,2020 3. The notice that is attached hereto is a true copy,
TIME 12:30 p.m. published in the Greeley Tribune
BOARD OF COMMISSIONERS DATE:December 2,2020
TIME 9:00a.m. in Weld County on the following date(s):
CASE NUMBER: ORDINANCE 2020-20
PRESENTED BY:TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, Nov 21,2020
WITH AMENDMENTS. CHAPTER 21 AREAS AND ACTIVITIES OF
STATE INTEREST AND CHAPTER 23 ZONING,OF THE WELD COUN-
TY CODE
PLANNING COMMISSION
WELD COUNTY.COLORADO
DATED:November 19,2020
PUBLISHED:November 21,2020,in the Greeley Tribune-1756317
/////pe‘t...;
Signature
Subscribed and sworn� tomelbefore me this /{ day of(ee 1ef r
•
Notary Public r
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES JULY 31,2021
ISEAL)
Account: 1099981
Ad Number: 1756317
Fee: $21.28
1.4
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