HomeMy WebLinkAbout20132998.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN
AND USE BY SPECIAL REVIEW PERMIT, USR13-0045, FOR A USE PERMITTED AS
A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (577 KW COMMUNITY SOLAR
GARDEN) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND PHYLIS BROWN, C/O
CLEAN ENERGY COLLECTIVE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 30th day
of October, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert and Phylis Brown, 7360 County Road 54, Johnstown, CO
80534, c/o Clean Energy Collective, 3005 Center Green Drive #205, Boulder, CO 80301, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0045, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (577 kW Community Solar Garden) provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -2496; being part
of the west 1/2 of Section 29, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Richard Miller, Land
Manager for the Clean Energy Collective, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be denied for the following
reasons:
It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
1. Section 23-2-230.6.1 -- The proposed use is inconsistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
3980254 Pages: 1 of 3
11/25/2013 01:23 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-2998
PL2243
SPECIAL REVIEW PERMIT (USR13-0045) - ROBERT AND PHYLIS BROWN, C/O CLEAN
ENERGY COLLECTIVE
PAGE 2
A. Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural land to other uses." The project under consideration is
an industrial use that is incompatible with the A (Agricultural) zone
district and the current residential uses of the surrounding area.
B. 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." This policy was not satisfied
because the majority of surrounding property owners were in
opposition due to visual impact and cited property devaluation.
2. Section 23-2-230.B.2 -- The proposed use is inconsistent with the intent
of the A (Agricultural) Zone District.
3. Section 23-2-230.6.3 -- The proposed use is incompatible 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 proposed 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 (2) railroad corridors are adjacent to the property;
the Union Pacific Railroad is located north of the property and the Great
Western Railroad is adjacent to the south. The Conditions of Approval
and Development Standards will not ensure compatibility with
surrounding land uses.
4. Section 23-2-230.B.4 -- The proposed use will not 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, or any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected
municipalities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Robert and Phylis Brown, c/o Clean Energy
Collective, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0045, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (577 kW Community Solar Garden) provided that
the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
on the parcel of land described above be, and hereby is, denied.
3980254 Pages: 2 of 3
11/25/2013 01:23 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
IA 11O Ncti
2013-2998
PL2243
Weld County Clerk to the Bo
BY:
Deputy Clerk to the Boar
ounty Attorney
arbara Kirkmey
Date of signature: 11120/0
3980254 Pages: 3 of 3
11/25/2013 01:23 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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SPECIAL REVIEW PERMIT (USR13-0045) - ROBERT AND PHYLIS BROWN, C/O CLEAN
ENERGY COLLECTIVE
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD QOQ.NTjY, COLORADO
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ATTEST: ow_aor. ,.v,
William$. Garcia, Chair
<22 1Anca—aj
er, Pro-Tem
2013-2998
PL2243
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