HomeMy WebLinkAbout20132999.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0045
APPLICANT: ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, (577KW COMMUNITY SOLAR GARDEN) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2496; PART W2 SECTION 29, T5N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54; WEST OF AND ADJACENT TO CR 15.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-20.IA.Goal 9 states "Reduce
potential conflicts between varying land uses in the conversion of traditional agricultural land
to other uses." The parcel in review is a Lot of a Recorded Exemption that was created
without water rights and has historically been utilized as pastureland and separation from the
residence to other properties in the area. Section 22-2-20.1 A.Goal 9.5 (A.Policy 9.5) states
"Applications for a change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and referral agencies."
Further, Section 22-5-140.A AE.Goal 1. states "Support and encourage research,
development and use of alternative energy resources." Section 22-5-140. AE.Goal 1.
(AE.Policy 1.5) states "Support the development and use of solar energy." The
Comprehensive Plan states that: "Alternative energy sources do not replace the
traditional sources of energy, rather, expanding global energy demands require a "new
energy economy" that supports and enhances traditional sources of energy. This proposal
has been reviewed by the appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the
neighborhood and county.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.S of the Weld County Code provides for any use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, (577kW Community Solar Garden) provided that the property is not
a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, To the north is a farm and
center pivot, to the east and south are residences on large tracts of land and to the west is
the Lakota Lakes Ranch PUD. From the approximate center of the solar garden, residences
to the north, east and south are located approximately 700 feet from the facility, with the
nearest residence to the west approximately nine hundred feet. Two railroad corridors are
adjacent to the property, the Union Pacific RR is located north of the property and the Great
doe 01911
RESOLUTION USR13-0045
ROBERT & PHYLIS BROWN, CIO CLEAN ENERGY COLLECTIVE
PAGE 2
Western RR is adjacent to the south. Staff has received no letters, telephone calls, electronic
mail from adjacent or surrounding property owners or interested persons. Development
Standards and Conditions of Approval will ensure that this use will be compatible with
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley, Town of
Johnstown, Town of Milliken, Town of Windsor and Larimer County. Staff received a referral
dated September 9, 2013 from the City of Greeley on August 21, 2013 from the Town of
Milliken who indicated no conflict with their interests, The Town of Johnstown, Town of
Windsor and Larimer County did not return a referral from any agency indicating a conflict
with their interests.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee and County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The applicant has
demonstrated a diligent effort to conserve prime agricultural land in the locational decision for
the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979
designated the soils as "Other Lands."
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Sheriffs Office, as stated in
the referral response dated August 19, 2013. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0045 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
RESOLUTION USR13-0045
ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
PAGE 3
5. County Road 54 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County. (Department of Public
Works)
6. County Road 15.5 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. The
applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge
of future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
7. Show the approved access(es) on the plat and label with the approved access permit
number (will be provided). (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsnco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Bruce Sparrow.
RESOLUTION USR13-0045
ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
PAGE 4
VOTE:
For Passage
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 15, 2013.
Dated the 15th of October, 2013.
Digitally signed by Kristine
43,\ ✓, Antheivt, Ranslem
Date: 2013.10.17 15:17:03 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Clean Energy Collective
USR-13-0045
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0045, for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, (577kW Community Solar Garden) provided that the property is not a Lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The operation shall comply with all applicable rules and regulations of local, state and federal
agencies and the Weld County Code. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be
provided during construction of the facility. (Department of Public Health and Environment)
9. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
10. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
11. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
12. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
13. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR13-0045
ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
PAGE 6
14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
15. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
16. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
Pc n2rficcez /ch 5/13
Commissioner Berryman said that future use of intensifying this site is naturally limited by the floodplain
and also the ability of water service.
Commissioner Elliot said that agriculture surrounds the property and with the precedent of the property to
the west that was rezoned in 2005 he doesn't believe it is an issue.
Commissioner Maxey said that he feels it is compatible with the area.
CASE NUMBER: USR13-0045
APPLICANT: ROBERT & PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (577KW COMMUNITY SOLAR GARDEN)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2496; PART W2 SECTION 29, T5N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 54; WEST OF AND ADJACENT TO CR
15.5.
Commissioner Maxey and Commissioner Wailes stated that they had visited this site and have submitted
their field checks to staff.
Kim Ogle, Planning Services, presented Case USR13-0045, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioners Wailes referred to Section 22-5-140 and asked how the size of the solar facility is
determined between a large and a small facility. Mr. Ogle said that it is determined according to wattage.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Richard Miller, land manager for Clean Energy Collective, 3005 Center Green Drive, Boulder Colorado,
stated that this community solar garden would serve the citizens and businesses within the Poudre Valley
service area. He added that they have a Power Purchase Agreement with Poudre Valley Rural Electric
Association that allows anyone with an electric bill within their service area to participate in renewable
energy program.
Mr. Miller stated that the panels are purchased by citizens and businesses and the power that is
produced is then credited against their electric bill. This proposed facility would be available to anyone
within the service area of Poudre Valley to purchase a solar panel. This facility would have between
2,450 and 2,500 solar panels and would provide power that is equivalent to 167 homes for 1 year. The
site will be entirely fenced and they have talked with the landowners about providing screening.
Commissioner Jemiola asked if there is any possible ground contamination if the panels are damaged.
Mr. Miller replied no and added that there are no hazardous materials associated with or in the panels.
Mr. Jemiola inquired if there is any glare with these panels. Mr. Miller said that the surface of the panels
is made to help reduce the amount of glare and added that they have not received any complaints and
have had no issues with glare.
Commissioner Wailes asked if water rights are available to this site.
Robert Brown, landowner, 7360 CR 54, stated that there are no water rights on the property. The potable
water is from Little Thompson Water District. Mr. Wailes asked what the property has been used for
previously. Mr. Brown said that they allowed the neighbor to have horses on the property but now that
they have sold their horses they wish to put the land into some kind of use.
Commissioner Sparrow asked if this facility will comply with Senate Bill 252. Mr. Miller replied yes and
said that they are receiving many calls from municipalities and counties.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Severo Meza, 25809 CR 15.5, stated that he lives to the east of the project. He was told that someone
from the company would be contacting him about the project but hasn't had any contact with them yet.
Mr. Meza said that this project will put a damper on their views. He is not against the project but said it
might be better to move it closer to County Road 54.
Commissioner Berryman asked Mr. Meza about the proposed screening of the project. Mr. Mesa said
that he doesn't know if he would prefer screening or not. Commissioner Sparrow asked Mr. Meza if his
property is higher than the project. Mr. Meza replied yes.
Mr. Miller said that they were approached by the landowners to consider placement of the community
solar farm on their property and added that they worked with the landowners on where they would like to
see the facility. Mr. Miller said that the panels face south at a 30 degree angle and they try screen the
facility as best they can. He added that he will talk with the Meza's about their concerns.
Commissioner Wailes asked if they could plant some trees that would be more visually pleasing. Mr.
Miller stated that they have looked at landscaping and although they don't want tree types that will grow
50 feet high they will look at other types of vegetation and trees that might help soften it somewhat.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0045 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman.
Commissioner Jemiola encouraged the applicants to work with their neighbors to mitigate their concerns.
Commissioner Elliott left the meeting at 3:47 pm.
The Chair called a recess at 3:47 pm and reconvened at 3:56 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0046
ELECTRICAL SYSTEMS PROFESSIONALS INC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (ELECTRICAL CONTRACTORS SHOP)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
PART E2SE4 SECTION 31, T7N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 74; APPROXIMATELY ONE HALF MILE
WEST OF CR 51.
5
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