HomeMy WebLinkAbout20232344.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USR23-0002, FOR A SOLAR ENERGY FACILITY
(SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - D -DART RANCH, INC., C/O SUNSHARE,
LLC, DBA LINCOLN SOLAR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of
August, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of D -Dart Ranch, Inc., 6708 North County Road 19, Fort Collins, Colorado 80524,
do SunShare, LLC, dba Lincoln Solar, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a
Site Specific Development Plan and Use by Special Review Permit, USR23-0002, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of FFD22-0021; being a part of the NE1/4 of
Section 13, Township 7 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Beau Scott
and Jacob Babrow, SunShare, LLC, 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:
1. It is the opinion of the Board of County Commissioners that the applicant has NOT
shown compliance with Section 23-2-230.6 of the Weld County Code, as follows:
A. Section 23-2-230.B.4 - The USES which would be permitted would NOT
be compatible with the future DEVELOPMENT of the surrounding area as
permitted by the existing zone or with future DEVELOPMENT as projected
by Chapter 22 of this 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 Coordinated Planning
Agreement (CPA) for the Town of Ault. As part of the pre -application
process, the Town of Ault submitted a Notice of Inquiry (NOI), dated
August 23, 2022, with a letter stating the subject property borders the Town
of Ault on the eastern town limit; therefore, they expressed interest in
annexation of this property. They further indicated they are opposed to a
SEF for the site, regardless of the property remaining in the county, or,
CC . PL. (TP/MN/PA/MW), c A(KM), APPL ., APPL. REP.
Io/os/23
2023-2344
PL2879
SPECIAL REVIEW PERMIT (USR23-0002) - D -DART RANCH, INC., CIO SUNSHARE, LLC,
DBA LINCOLN SOLAR, LLC
PAGE 2
through annexation, in the Town, as it does not fit the Town's
Comprehensive Plan.
On November 7, 2022, the applicant's representative, SunShare, met with
the Town of Ault to discuss the NOI comments and possible annexation.
The summary of the meeting is included in the application materials.
SunShare responded to the Town's questions about the selection of this
location for a SEF and any benefit to the Town and stated the property
owner reached out to SunShare with an interest in leasing her land for
solar. The letter also states the property owner does not have enough water
rights on the property for agriculture alone to be economical and has
elected to add solar to her land as well. The property owner,
Ms. Cheri Dent, submitted a letter to Weld County, dated November 9,
2022, that stated she does not wish to annex her property, in whole, or in
part, to the Town of Ault. The Town submitted a letter dated November 8,
2022, reiterating the comments from the NOI and stated the subject
property is the only property adjacent to the Town's limits that is not owned
by the City of Thornton, therefore, it is attractive for annexation and
development.
1) Section 19-13-50.A, the Intergovernmental Agreement with the
Town of Ault, states, in part, "If the municipality submits
recommendations, the County shall either include within its written
decision the reasons for any action taken contrary to the same or
furnish such reasons to the municipality by a separate writing." The
Department of Planning Services, who recommended approval of
the project to the Board of County Commissioners, complied with
this requirement and furnished such reasons to the Town of Ault in
a letter (Exhibit 1), dated June 26, 2023.
However, the Board noted that the Future Land Use Map for the
Town of Ault depicts the site as Single -Family Residential and
Agricultural. The Single -Family Residential portion includes a park
and indicates the park and the 21 -acre floodplain on the
southwestern quarter of the site are open space. The Agricultural
portion of the site is a swath of land that abuts County Road 37 on
the east and State Highway 14 on the north and is approximately
40 acres in size. The Town of Ault's zoning, adjacent to the site,
includes residential closest to State Highway 14, and industrial to
the south of the residential portion. The Northern Colorado Area
Plan (NCAP) transmission line for Xcel Energy has been approved
under USR21-0018. This transmission line traverses the property
from east to west along the northern boundary and north to south
along the western boundary.
The site is located within the three (3) mile municipal referral radius
of the Town of Ault. The property is about 150 acres in size. The
2023-2344
PL2879
SPECIAL REVIEW PERMIT (USR23-0002) - D -DART RANCH, INC., CIO SUNSHARE, LLC,
DBA LINCOLN SOLAR, LLC
PAGE 3
NCAP transmission line easement area is not developable. The
location of the proposed SEF does not comply with the
Comprehensive Plan adopted by the Town of Ault, which was
emphasized by the Town's suggestion regarding moving the SEF
to another location on the property that is closer to industrial zoning,
rather than the area with proposed Single -Family Residential and
Agricultural and a proposed possible open space.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of
Weld County, Colorado, that the application of D -Dart Ranch, Inc., c/o SunShare, LLC, dba
Lincoln Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-002, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the parcel of land described above, be and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of August, A.D., 2023.
ATTEST.
Weld County Clerk to the Board
BYUatt al •WQ/vdra_
Deputy Clerk to the Board
County - rney
Date of signature: Dal Z
4923331 Pages: 3 of 3
09/29/2023 12,04 PM
a'nd Recorder, OWeld County , CO
Carly Koppes,
III II
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(AYE)
Mike Freeman, Chair
424,e,,e2 (AYE)
Perry L. B/ck, P Tem
(AYE)
2023-2344
PL2879
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See Reverse for Instructions
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