HomeMy WebLinkAbout20202409.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0011, FOR A SMALL SCALE SOLAR FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - SCOTT PETERSON, C/O PIVOT
SOLAR 8 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
August, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Scott Peterson, 15002 CR 36, Platteville, Colorado 80651, c/o Pivot
Solar 8 LLC, 1750 15th St., #400, Denver, Colorado 80202, for a Site Specific Development Plan
and Use by Special Review Permit, USR20-0011, for a Small Scale Solar Facility in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
The W1/2 NW1/4 of Section 10, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Luke Rickard, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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 22-4-50.A.3 (AIR.Policy 1.3) states: "The County
encourages the use and development of alternative fuels,
alternatively fueled vehicles and modes of transportation that
reduce pollutants."The proposed use is in an area that can support
this development and 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
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SPECIAL REVIEW PERMIT (USR20-0011) - SCOTT PETERSON, C/O PIVOT SOLAR 8 LLC
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uses and the region. This facility produces alternative fuel from
solar energy, a renewable resource which is encouraged by the
Comprehensive Plan.
2) Section 22-4-50.A.4 (AIR.Policy 1.4) states: "The County
encourages innovative and creative approaches to alternative
energy sources."A solar facility develops alternative fuel through a
process that will not create any air emissions, nor cause dust or
odors and develops alternative fuel, which strengthens the grid
strategically in the places where it is most needed.
3) Section 22-5-130 states: "Due to the volatility of traditional energy
resources, the County supports and encourages development and
use of alternative energy resources. Alternative energy sources do
not replace the traditional sources of energy; rather, expanding
global energy demands require a "new energy economy" that
supports and enhances traditional sources of energy."Solar Solar energy
is an alternative energy source, adding stability to and enhancing
the existing electrical grid.
4) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy."
5) Section 22-5-140.A.5.a (Recommended Strategy AE.1.5.a) states:
"Review County regulations to ensure support of small-scale and
personal solar energy collectors." The Comprehensive Plan
specifically supports the development and use of solar energy.
6) Section 22-5-160.A (UR.Goal 1) states: "Support and encourage
the use of natural and other resources available in the County by
the residents of the County."
7) Section 22-5-160.A.1 (UR.Policy 1.1) states: "Support the
development of power-generating facilities in the County that
benefit the residents of the County and employ the resources
extracted, developed or available in the County."The request is for
a power-generating facility that benefits the residents of Weld
County and powers the vicinity in which it is located on a distribution
system that does not leave the County.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) 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. A Small Scale Solar
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Facility is permitted as a Use by Special Review under
Section 23-3-40.GG. This Small Scale Solar Facility is a
non-permanent and controlled use of land, which develops energy
for the immediate vicinity.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land is being used
for agricultural, oil and gas, and rural residential housing. There is another
Small Scale Solar Facility permitted by USR18-0004 approximately
1,700 feet to the southwest. A Public Service Company of Colorado
230/345 kV transmission line is on the west side of County Road 31,
permitted by USR-1236. There are seven (7) other USRs that exist within
one (1) mile of the site permitting an oil and gas facility, the Morning Fresh
poultry farm, kennels, a pipeline, a vehicle repair establishment, and
two (2) other solar facilities. The proposed use is in an area that can
support this development and 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. The adjacent land is predominantly used for agriculture. There were
17 property owners that were notified of this request and no
correspondence was received. The siting of the facility on the western
property boundary and away from neighboring residences enhances
compatibility.
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 Gilcrest and Platteville and within the Intergovernmental
Agreement Areas of the Town of Platteville. Both towns indicated they have
no concerns. Notice of Inquiry responses indicating no desire to annex from
both towns were submitted with the application.
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, a Special Flood Hazard Area or the
Airport 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 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The soil in the location of the proposed solar facility is predominantly
Olney loamy sand and is considered farmland of statewide importance
according to the Natural Resources Conservation Services Soil Resource
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SPECIAL REVIEW PERMIT (USR20-0011) - SCOTT PETERSON, C/O PIVOT SOLAR 8 LLC
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Report, dated August 5, 2019, submitted with the application. The property
is not irrigated and is currently used for dryland crops.
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
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 Scott Peterson, do Pivot Solar 8 LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0011, for a Small Scale Solar
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 concerns of the Weld County Department
of Public Works referral relating to the existing unpermitted access onto
County Road 36 and the proposed access location onto County Road 31.
B. A Road Maintenance Agreement, during construction, is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes during construction.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0011.
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) 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.
5) County Road 31 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 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.
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6) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 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.
7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved locations prior to construction.
8) 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.
9) The applicant shall show and label the drainage flow arrows.
10) 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 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 onto County Road 31 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.
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 the 12th day of August, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
��,��,, WELD COUNTY, COLORADO
ATTEST: darthA) �aCL;e1
Mike Freeman, Chair
Weld County Clerk to the Board
Steve oreno, Pr• Tem
BY: / A ; / �I
Deputy Clerk to the Board
Sc.. ' . James
•
AP O FOR
•6L 1° �` -rbara Kirkme -
orney a
.\ / Kevin D. Ross
Date of signature: o5'/26/9- __
2020-2409
• PL2759
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT PETERSON, C/O PIVOT SOLAR 8 LLC
USR20-0011
1. The Site Specific Development Plan and Use by Special Review, USR20-0011, is for a
Small Scale Solar 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. This is an unmanned facility.
4. 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.
5. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan.
6. The site shall be decommissioned in accordance with the approved Decommissioning
Plan.
7. No outdoor storage of any materials or equipment including, but not limited to, solar panels
and support structures not in operation will be allowed.
8. No equipment associated with the solar facility shall be located within 30 feet of the
boundary of adjacent properties, irrigation ditches and/or rights-of-way.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
12. 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.
13. The property owner or operator shall comply with all requirements provided in the
executed Road Maintenance Agreement.
14. The historical flow patterns and run-off amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on-site drainage related features.
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16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
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.
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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. 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.
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 persons 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 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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