HomeMy WebLinkAbout20220926.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0023, FOR A SOLAR ENERGY FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - ENDERS LAND COMPANY, LLC,
C/O OVERLAND 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 30th day of
March, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Enders Land Company, LLC, 16435 County Road 18, Fort Lupton, Colorado
80601, do Overland Solar, LLC, 2003 Western Avenue, Suite 225, Seattle, Washington 98121,
fora Site Specific Development Plan and Use by Special Review Permit, USR21-0023, fora Solar
Energy Facility in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Part of the SE1/4 of Section 15, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Nathan Stottler, 3487
Florence Way, Denver, Colorado 80230, 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 23-2-230.6.1 — 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 (SEF),
which is an unmanned energy development facility. Some
adjacent land is already being used for oil and gas energy
development.
b. Section 22-2-30.D states: "Collaborate on County -wide
transportation and land use plans." The access to the
property is via unmaintained right-of-way from County
Road 22, which is paved. Once the facility is constructed,
the site will be unmanned except for routine maintenance
and, therefore, have a minimal impact to the properties
sharing the unmaintained right-of-way or to the County
Road system. A Road Maintenance Agreement has been
requested by staff in the December 13, 2021, referral
response to address potential construction impacts.
c. Section 22-2-60.B states: "Support responsible energy and
mineral development." According to the application, the
Solar Energy Facility will provide ten (10) megawatts of
electricity, enough to meet the needs of 3,300 average
American households, connecting into the United Power
grid.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-10 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 extraction
and energy development, without the interference of other, incompatible
land uses."
1) The proposed use, Solar Energy Facility, is permittable under
Section 23-3-40.FF. The proposal meets the intent of
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. Adjacent land is sparsely
populated and is used for oil and gas activity, rangeland, and agricultural
production. The access to the property is via an unmaintained right-of-way
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used by five (5) residences and multiple properties prior to reaching a
publicly -maintained road. Surrounding property owners were notified and
no responses were received. Staff finds that the proposed use is in an area
that can support this development and the proposed screening, 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 the 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 site is located within the three (3) mile referral area of
the Towns of Keenesburg and Hudson. The Town Keenesburg did not reply
to the Notice of Inquiry request or the referral request. The Town of Hudson
did not return a referral response. The site is designated on the Weld
County Comprehensive Plan in the Urban-NonUrban mixed area,
indicating that the site is between one (1) and three (3) miles from the Town
of Hudson municipal limit; however, there are no residential neighborhoods
in the vicinity. As the SEF is proposed to be less than 160 acres, it did not
require a 1041 review.
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. A small portion of the proposed facility will be located on Valent Sand,
which is considered farmland of local importance, and a small portion will
be located on Nunn loamy sand, which is considered farmland of statewide
importance, per the 2020 Natural Resource Conservation Service Soil
Survey and per the April 6, 2021, report of the same source. However, the
applicant stated in the application that the site has been fallowed from
agricultural use due to low yields and lack of profit from farming the land.
The applicant also stated in the application that they plan to employ
minimally disturbing construction practices and native planting in disturbed
areas to keep land covered with native vegetation, which may improve soil,
water quality and site drainage.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
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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 Enders Land Company, LLC, do Overland Solar, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR21-0023, 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 acknowledge the advisory comments of United Power,
as stated in the updated referral response, dated February 16, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the advisory comments of the Weld
County Oil and Gas Energy Department, as stated in the referral response,
dated December 28, 2021. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
C. 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.
D. If applicable, the applicant shall submit a recorded copy of any agreement
signed by all of the owners of the property crossed by the access. The
agreement shall be for ingress, egress, utilities and shall be referenced on
the USR map by the Weld County Clerk and Recorder's Reception number.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0023.
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 23-3-30.6 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.
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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, as amended.
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.
10) All recorded easements and rights -of -way on the map by book and
page number or Reception number and recording date.
11) County Road 22 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
12) County Road 45 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan, and show and label the section line
right-of-way as "CR 45 Section Line Right -of -Way, not County
maintained." All setbacks shall be measured from the edge of the
right-of-way.
13) If applicable, a 30 -foot minimum access and utility easement to
provide legal access to the parcel on the site plan.
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14) The approved access location, 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.
15) Drainage flow arrows.
16) 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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge 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 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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddthov w izII.D:&k.
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED A
ounty ICt orney
Date of signature: LI /I '/. .
Scoot K. James,
Chair CraL--
Mike Ferran, Pro -Tern
Perry L. Buc
P2c.,,,,---
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENDERS LAND COMPANY, LLC,
C/O OVERLAND SOLAR, LLC
USR21-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0023, is for
a Solar Energy Facility (SEF) 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 SEF 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
control of 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 SEF 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 SEF 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).
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
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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. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. Necessary personnel from the Weld County Departments of Planning Services, Public
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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.
26. 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.
27. 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.
28. 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 Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
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
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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