HomeMy WebLinkAbout20211210.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0004, FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT-WETCO FARMS, INC., C/O SUNSHARE, 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 12th day of
May, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631,
do SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific Development
Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale Solar Facility outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Being part of the SW1/4 of Section 20, Township 4
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Amanda Mack,
SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, 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) Section 22-22-30.A.3 states: "Limit the density and intensity of
development to maintain agricultural areas."The site is in dryland
agricultural production because there is no irrigation water. The
owner tried to dryland farm the land for about five (5) years and
never got a profitable crop. The solar facility will have a footprint of
about a 35-acre section of a quarter section. The property will
remain in dryland farming.
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0-1 / 0'71/ 0`71 PL2796
SPECIAL REVIEW PERMIT (USR21-0004) — WETCO FARMS, INC., C/O SUNSHARE, LLC
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2) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surround land uses." The
proposed facility will occupy about 14 acres of a 35-acre parcel. The
applicant is proposing wood fencing to buffer the facility from the
closest residences.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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 extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.R states: "Medium scale solar facility, subject to
the additional requirements of Section 23-5-1030." Based on this,
the use may be permitted by a USR in the A (Agricultural) Zone
District. The medium scale solar is a non-permanent and regulated
use of land and is consistent with Section 23-3-10 as the Use is
more intense than a Use by Right.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are three (3) residences to the
south, and across the street (CR 42) from the site. The closest residence
is about 170 feet south of the site. There are four (4) USRs within one (1)
mile of the site. USR-1185 for a Machine Repair Shop is located east of the
site. USR14-0024 for an Oil and Gas support facility, USR-839 for a
commercial greenhouse, and USR13-0039 for automobile repair are all
located south of the site. The Weld County Department of Planning
Services sent notice to seven (7) surrounding property owners. Planning
staff has not received any correspondence concerning this case. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the 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
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municipalities. The site is located within the three (3) mile referral area and
the Coordinated Planning Agreement Area (CPA)for the Towns of Milliken,
Platteville, and Gilcrest, as well as the City of Evans. As part of the
pre-application process the municipalities were sent a Notice of Inquiry
(NOI). The Towns of Platteville, Milliken and the City of Evans each
submitted a signed NOI, dated January 22, 2021, July 29, 2020, and
July 29, 2020, respectively, stating that they have no interest in annexing
this property. The Town of Gilcrest submitted a signed NOI, dated July 23,
2020, which indicated that they do wish to annex this property.
Mr. Larry Lorentzen, Town Administrator for the Town of Gilcrest, indicated
the town would need to provide snow removal or road maintenance if the
subject property was annexed. However, the town did not have the
necessary funds in their budget to provide snow removal and road
maintenance. Mr. Lorentzen requested that SunShare, LLC, provide a
minimum setback of 400 feet along State Highway 60 frontage to
accommodate any future commercial or retail uses. SunShare, LLC, has
provided a 500-foot setback between the road right-of-way and the solar
facility. None of the municipalities responded with referral agency
comments. The Comprehensive Plan maps for the City of Evans, Town of
Platteville and the Town of Milliken do not encompass the subject property.
However, per the 2012 Comprehensive Plan Update Map for the Town of
Gilcrest, the site is shown as Low Density Residential and part of an
Opportunity Area for Future Regional Commercial opportunities. The
intersection at County Road 42 and State Highway 60 is designated as
Regional Commercial.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A-P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite Overlay District. Building Permits issued on the lot 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 23-2-230B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located entirely on soils designated "Prime
Farmland, if irrigated", per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The soils are designated as Julesburg
sandy loam with zero (0) to one (1) percent slopes. The proposed USR will
not take any Prime (Irrigated) Farmland out of production. The Platte Valley
Conservation District did not return a referral agency response.
G. Section 23-2-230B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Solar Facility Standards (Section 23-4-1030, Weld County Code),
Conditions of Approval and Development Standards can ensure that there
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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 WETCO Farms, Inc., c/o SunShare, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale
Solar Facility outside of subdivisions and historic townsites 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. A Decommissioning/Reclamation Plan shall be submitted per
Section 23-4-1030.B, which shall require the applicant to provide financial
assurance to the County in the form of a surety bond in an amount
established by the Director of the Department of Planning Services, to
ensure proper decommissioning of the facility. Said surety bond shall name
the Board of County Commissioners of Weld County as beneficiary and be
current and active at all times during the life of the permit.
B. A Road Maintenance Agreement for construction only is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0004.
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) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
6) The map shall delineate the 30-foot setback from the boundary
of adjacent properties, irrigation ditches, and rights-of-way in
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which no equipment shall be located, in accordance with
Section 23-4-1030.G of the Weld County Code.
7) County Road 42 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 or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The applicant shall show and label the approved access locations,
approved access width, and the appropriate turning radii (60') on
the site plan. The applicant must obtain an access permit in the
approved location prior to construction.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
11) If applicable, the applicant shall show and label a 30-foot minimum
access and utility easement to provide legal access to the parcel on
the site plan.
12) The applicant shall show and label the drainage flow arrows.
13) 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.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review 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
map 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the12'th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
dathis ,�,/ WELD COUNTY, COLORADO
ATTEST: ..�C'�11.A• �
Steve reno, Chair
Weld County Clerk to the Board
Sc es, Pro-Te
eputy Clerk to the Boarde •
�a• Perry L. Buc
APPR ED A er � ►►, , I 1 �
1 361 t1To '-5g ike Freeman
`'1
ounty ttorney /EXCUSED
®� ,-:ey Lori Saine
Date of signature: C)CP(a°1((?1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WETCO FARMS, INC., C/O SUNSHARE, LLC
USR21-0004
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0004, is for
a Medium Scale Solar Facility outside of subdivisions and historic townsites 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. This is an unmanned facility.
4. The site shall be maintained in accordance with the Property Maintenance Plan.
5. The site shall be maintained in accordance with the approved Decommissioning Plan.
6. The site shall be maintained in accordance with the approved Landscape and Screening
Plan.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. No outdoor storage of any materials or equipment including, but not limited to, solar panels
and support structures not in operation will be allowed.
9. No equipment associated with the solar facility shall be located within 30 feet of the
boundary of adjacent properties, irrigation ditches, and/or public or private rights-of-way.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
13. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
14. The property owner or operation shall comply with all requirements provided in the
executed Road Maintenance Agreement.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on-site drainage related features.
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17. 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.
18. 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.
19. 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.
20. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes,
2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the
Weld County Code. A plan review shall be approved, and a permit must be issued prior to
the start of construction.
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
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.
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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. 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.
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 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.
31. 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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