HomeMy WebLinkAbout20221551.tiffRESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 2
agncultural activities and activities related to agriculture and agncultural production, and for areas for
natural resource extraction and energy development, without the interference of other, incompatible
land uses
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 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
There are nine (9) parcels within five hundred (500) feet containing ten (10) residences Surrounding
property owners were 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, Development Standards, and Conditions of Approval will assist
in mitigating the impacts of the facility on adjacent properties and ensure compatibility with
surrounding land uses and region
D Section 23-2-220 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 solar energy facility is proposed to be less than one hundred sixty (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
The site 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 23-2-220 A 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 Hentage Overlay Distnct,
Airport Overlay District, or a Special Flood Hazard Area Budding Permits issued on the property will
be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County
Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve pnme
agncultural land in the locational decision for the proposed use
The majority of the facility will be located on Kim loam and Otero sandy loam sods, which are
classified with an A rating per the sod report dated February 9, 2022, from the Natural Resouice
Conservation Service Sod 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 a farmland of statewide
importance and pnme farmland, if irrigated The land has not been irrigated since 2005 The applicant
indicates that the land may be returned to agricultural production if the site is decommissioned
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 3
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
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 health, safety, and
welfare of the inhabitants of the neighborhood and County
This recommendation is based, in part, upon a review of the application matenals 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
J �
1 Pnorto recording the map
J
A The applicant shall address the requirements of Xcel Energy, as stated in the updated referral
response dated Apnl 7; 2022 Evidence of such shall be submitted in wntmg to the Weld County -
Department of Planning Services (Department of Planning Services)
B 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 wnting
to the Weld County Department of Planning Services (Department of Planning Services)
I
C The applicant shall submit to the Department of Planning Services any screening waivers from
residents within five hundred (500) feet (Department of Planning Services)
D 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 secunty information (Department of Planning Services)
4
E 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 (Development
Review)
F The ,map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR22-0007 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 Any existing and proposed solar facility installations and electrical equipment, power lines,
structures, temporary work traders, 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 dunng construction and which items are permanent
(Department of Planning Services)
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 (Department of
r Planning Services)
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 4
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 cntena (Department of
Planning Services)
7 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code addresses
the issue of trash collection areas (Department of Planning Services)
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
(Department of Planning Services)
9 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any
executed Surface Use Agreement, if applicable (Department of Planning Services)
10 Screening plan for residences within five hundred (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 (Department of Planning Services &
Development Review) --
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 on the site map the future and existing right-of-way (along with the
documents creating the existing right' of -way) and the physical location of the road All setbacks
shall be measured from the edge of nght-of-way This road is maintained by Weld County
(Development Review)
13 Show and label the approved access location onto County Road 23, approved access width and
the appropnate turning radii on the site plan The applicant must obtain an access permit in the
approved location prior to construction (Development Review)
14 Show and label the drainage flow arrows (Development Review)
15 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review) -
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 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 Appendix 5-J of the Weld County Code, should the USR 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 3 -month penod (Department of Planning
Services)
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
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 5
Clerk and Recorder or the applicant has been approved for an early release agreement (Department of
Planning Services)
5 Pnor to Construction
A The approved access and tracking control shall be constructed pnor to on -site construction
(Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
C Obtain an access permit, specific to the type of activity, for the access location onto CR 23
(Development Review)
Motion seconded by Tom Cope
VOTE
For Passage
Tom Cope
Elijah Hatch
Skip Holland
Butch White
Michael Wades
Against Passage
Absent
Lonnie Ford
Sam Gluck
Pamela Edens
Michael Palau
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 Commissioners for further proceedings
CERTIFICATION OF COPY
I, Knstine 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 May 3, 2022
Dated the 3rd of May, 2022
4�i66nlj AnaLein,
Knstlne Ranslem
Secretary
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
U S Solar Corporation / Owens
USR22-0007
1 A Site -Specific Development Plan and Use by Special Review Permit, USR22-0007, for a solar energy
facility (SEF) in the A (Agncultural) Zone Distnct, subject to the Development Standards stated hereon
(Department of Planning Services) see comment page 1 on request language
2 Approval of this plan may create a vested property nght pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 Any future structures or uses on site must obtain the appropnate zoning and building permits
(Department of Planning Services)
4 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site
once operational (Department of Planning Services)
5 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height,
measured from the highest natural grade below each solar panel to the highest extent of the solar panel
rotation (Department of Planning Services)
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 (Department of Planning
Services)
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 (Department of Planning Services)
8 Underground cables All electrical cables on the improved area shall be buned, 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) (Department of Planning Services)
9 Fencing The SEF shall be enclosed with a secunty 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 (Department of Planning Services)
10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report
and the required Storm Drainage Cntena pursuant to Chapter 8, Article XI of this 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) (Department of Planning Services)
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
secunty, to pay for decommissioning in the event that the holder has not commenced decommissioning
and reclamation activities within ninety (90) days of the Board of County Commissioners' order or
resolution directing decommissioning and reclamation (Department of Planning Services)
12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 8
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 wntten request by the landowner
29 A Use by Special Review shall terminate when the use is discontinued for a penod 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
30 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 cntical 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 Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property nghts and mineral owners should be afforded the opportunity to extract the mineral resource
31 WELD COUNTY'S RIGHT TO FARM STATEMENT 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 agncultural 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 agncultural
practices to accommodate the intrusions of urban users into a rural area Well -run agncultural 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 aenal spraying It is common practice for agncultural producers to utilize an
accumulation of agncultural machinery and supplies to assist in their agncultural operations A
concentration of miscellaneous agncultural 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 agncultural operation shall not
be found to be a public or pnvate nuisance if the agncultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agncultural production
Water has been, and continues to be, the lifeline for the agncultural 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
RESOLUTION USR22-0007
WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
PAGE 9
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 pnonties mean that
roads from subdivisions to artenals 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, electncal 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
asked if they are able to choose the trees and further asked who is responsible for maintaining the
screening
Ms Simms stated that the inverters will be located in a centralized location on the property At night when
they are not producing there is no noise, but during the day there is a slight hum With regarding to the
traffic, Ms Simms said that they are working with the Weld County Access Permit department and added
that they will make sure that they have a safe permitted access for the construction traffic to ensure that
there are no accidents
Ms Simms stated that US Solar will install Rocky Mountain Juniper Trees 10 feet on center and added that
they will be responsible for maintaining them for the first three (3) years to make sure that they are fully
established She said that if the trees are located on landowner properties the landowners would be
responsible for managing them after the three (3) years If the trees are installed on US Solar property,
they will maintain those threes
The Chair asked Staff if they have any changes to the Resolution Ms Snyder recommended deleting
Development Standard 22
Motion Delete Development Standard 22 as recommended by Staff and renumber accordingly, Moved
by Tom Cope, Seconded by Butch White Motion carried unanimously
The Chair asked the applicant if they have read through the amended 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 USR22-0007 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Skip Holland, Seconded by Tom Cope
Vote Motion carned by unanimous roll call vote (summary Yes = 5)
Yes Butch White, Elijah Hatch, Michael Wades, Skip Holland, Tom Cope
Meeting adjourned at 3 32 pm
Respectfully submitted, 7 X�t,
lith fY ,
Kristine Ranslem
Secretary
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