HomeMy WebLinkAbout20221550.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0007, FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - WILLARD AND LINDA OWENS,
C/O USS PICADILLY 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 15th day of
June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Willard and Linda Owens, 3525 Diane Place, Greeley, Colorado 80631,
c/o USS Picadilly Solar, LLC, 100 North 6th Street, #410B, Minneapolis, Minnesota 55403, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0007, for a Solar
Energy Facility in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RECX15-0100; being
part of the NE1/4, and Lot B of Recorded Exemption,
RE -3479; being part of the E1/2 NE1/4, all in
Section 23, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michelle Simms, US Solar,
100 North 6th Street, #410B, Minneapolis, Minnesota 55403, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) The proposal is consistent with the entirety of the Comprehensive
Plan and more specifically the following goals.
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a. Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience
minimal nuisance from the Solar Energy Facility, which is an
unmanned energy development facility. The applicant, has
proposed screening and landscaping options for residences
within 500 feet of the facility. Some residents do not desire
to be screened from ,the facility, as the screening may
impede mountain views. The applicant will submit waivers
from these residents.
b. Section 22-2-30.D states: "Collaborate on County -wide
transportation and land use plans." The applicant has
proposed access onto County Road 23 at an existing
permitted access point. An Industrial Access Permit will be
necessary prior to construction. County Road 23 is
designated as a collector road. No concerns were indicated
in the Development Review referral, dated March 11, 2022.
The property also has. access to Stagecoach Road, but this
access will not be used by the solar facility.
c. 22-2-60.6 states: "Support responsible energy and mineral
development." According to the application, .the . Solar
Energy Facility will connect into the Xcel Energy power grid.
The application states that efforts will be made to protect the
soil and minimize the impacts to the area.
B. Section 23-2-230,B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District and a Solar Energy Facility is permittable
under Section 23-3-40.FF.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource ex -traction and energy development,
without the interference of other, incompatible land uses." The
proposal meets the intent of the A (Agricultural) Zone District as the
facility will produce energy and will not interfere with adjacent
agricultural operations.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are nine (9) parcels within
500 feet containing ten (10) residences. Surrounding property owners were
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contacted by the applicant. Some have requested screening and others
desire no screening. The County also notified these property owners, and
no responses were received. The proposed screening and landscaping,
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on adjacent properties and ensure compatibility
with surrounding land uses and region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The Solar Energy Facility is proposed to be less than 160
acres in the near -urban area, so it does not require a 1041 review. The site
is designated as an Opportunity Zone on the Weld County Comprehensive
Plan and is located within the three (3) mile referral area and Coordinated
Planning Agreement areas for the Towns of Windsor and Severance. Both
towns responded with no concerns or recommendations. The applicant
was encouraged to contact the nearest municipality, the Town of
Severance, to discuss annexation. The town did not express interest in
annexation of the project and replied with "no concerns" to the project being
developed in unincorporated Weld County in the referral response, dated
March 15, 2022. The site is within the Growth Management Area for the
Town of Windsor, even though it is not eligible for annexation. The Town
of Windsor indicated that the light industrial use of the property as a solar
facility complies with the Windsor Land Use Map in the March 8, 2022,
referral response.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area. Building Permits
issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the facility will be located on Kim loam and Otero sandy
loam soils, which are classified with an A rating, per the soil report dated
February 9, 2022, from the Natural Resource Conservation Service Soil
Survey. These have a high infiltration rate and low runoff potential. Only
2.5 acres of the site are on soils rated B or C. The land is partially classified
as farmland of statewide importance and prime farmland, if irrigated. The
land has not been irrigated since 2005. The applicant indicated that the
land may be returned to agricultural production if the site is
decommissioned.
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G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240 and
Section 23-4-1030, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards can ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Willard and Linda Owens, c/o USS Picadilly Solar, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0007, for a Solar
Energy Facility in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements of Xcel Energy, as stated in
the updated referral response, dated April 7, 2022. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the concerns of HCW Investments, LLC,
regarding historic water diversion, as stated in the response dated June 14,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments of
Windsor -Severance Fire Rescue, as stated in the referral response, dated
March 21, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet.
E. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
F. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes during construction.
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G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0007.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two (2), per Section 23-3-30.B of the Weld
County Code), storage areas and miscellaneous improvements, as
applicable. Clearly indicate which items are temporary for use
during construction and which items are permanent.
5) Required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and
Section 23-4-1030.C.6 of the Weld County Code. Include fence and
sign specification details on the map. Refer to the Weld County Sign
Code.
6) On -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
7) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
8) Setback radiuses for existing oil and gas tank batteries, wellheads,
and encumbrances, if applicable. Setback requirements are located
in Section 23-3-70.E of the Weld County Code.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc. as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) All recorded easements and rights -of -way on the map by book and
page number or Reception number and recording date, including
the 30 -foot minimum access and utility easement along the eastern
border of Lot B of Recorded Exemption, RE -3479.
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12) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the approved access location
onto County Road 23, approved access width and the appropriate
turning radii on the site plan. The applicant must obtain an Access
Permit in the approved location prior to construction.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. Obtain an Access Permit, specific to the type of activity, for the access
location onto County Road 23.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELOUNTY, COLORADO
ATTEST: dit4,A)
Weld County Clerk to the Board
County Attorney
Date of signature: 7/7/22
c6tt K. James, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLARD AND LINDA OWENS,
C/O USS PICADILLY SOLAR, LLC
USR22-0007
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0007, is for a
Solar Energy Facility in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site once operational.
5. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest natural grade below each solar panel to the highest extent of
the solar panel rotation.
6. Glare. The Solar Energy Facility shall be 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.
7. Dust mitigation. The operators of the SEF shall continuously employ the practices for
controlling fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
8. 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).
9. Fencing. The Solar Energy Facility shall be enclosed with a security fence, as approved,
pursuant to the Fencing Plan shown heron. Appropriate signage shall be placed upon
such fencing that warns the public of the high voltage therein.
10. Stormwater management. The Operator of the Solar Energy Facility shall comply with the
approved Final Drainage Report and the required Storm Drainage Criteria pursuant to
Chapter 8, Article XI of the Weld County Code. Ground -mounted solar collector systems
shall be exempt from impervious surface calculations if the soil under the collectors is
designated hydrologic A or B soil groups by the Natural Resources Conservation Service
(NRCS).
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11. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. 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 and reclamation activities within
90 days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
12. The site shall be maintained in accordance with accepted Property Maintenance Plan.
13. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
14. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
15. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
16. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
17. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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24. 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.
25. 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.
26. 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.
27. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
28. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
30. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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