HomeMy WebLinkAbout20202423.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0012, FOR A SMALL SCALE SOLAR FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - COLORADO STATE LAND BOARD, C/O
PIVOT SOLAR 4 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 Colorado State Land Board, 1127 Sherman St., Suite 300, Denver, Colorado
80203, c/o Pivot Solar 4 LLC, 1750 15th St., #400, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0012, for a Small Scale Solar
Facility in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Subdivision Exemption, SUBX20-0006; being part of
the NE1/4 of Section 16, 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 23-2-230.6 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 22-5-130 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 energy
is an alternative energy source, adding stability and enhancing the
existing electrical grid. Traditional energy resources, like fossil
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SPECIAL REVIEW PERMIT (USR20-0012) - COLORADO STATE LAND BOARD, C/O PIVOT
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fuels, are tied to market demand and can vary in output and need.
Solar energy can compliment some of the fluctuating oil and gas
activity.
2) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy."This development is a solar
facility, which allows for the collection and use of solar energy.
3) 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."
4) 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."This USR will add
another power-generating facility to Weld County, which will
support the needs of the Weld County residents. The Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the solar facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
2) Section 23-3-40.GG — Uses by Special Review outside of
subdivisions and historic townsites provides for, "Small Scale Solar
Facilities." This Code section allows solar facilities to be permitted
by a USR in the A(Agricultural) Zone District. The Small Scale Solar
Facility 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, rural residences, and solar facilities. The closet residence
is about 1,000 feet from the southern property line and about one (1) mile
south of the location of the solar facility. There are 12 USRs within one (1)
mile of this site. USR15-0076 and USR18-0041 are for Small Scale Solar
Facilities; USR-1236 is for a 230/345kV transmission lines; USR-1363 is
for a commercial egg farm, compost sales and wood grinding (Morning
Fresh Farms); USR-1083 is for a private radio tower; USR-1578 is for a
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community gathering facility; USR-1195 is for a 5,000-head dairy;
AMUSR-1038 is for an oil and gas production facility; and SUP-195,
USR-1756, USR-1748, and USR15-0019 are all for dog kennels. The Weld
County Department of Planning Services sent notice to ten (10)
surrounding property owners and no responses were received.
D. Section 23-2-230.6.4—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. This site is located within the three (3) mile referral area and
Coordinated Planning Agreement (CPA) area of the Town of Platteville. As
part of the pre-application process the Town of Platteville was sent a Notice
of Inquiry (NOI). The NOI response, dated March 30, 2020, indicated that
the site is outside their Urban Growth Boundary (UGB) and that the Town
does not wish to pursue annexation. The Town did not return any referral
agency comments. The site is not located in a Regional Urbanization Area
(RUA) or UGB of a municipality.
E. Section 23-2-230.6.5 — 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 airport,
geologic, historic, Municipal Separate Storm Sewer System (MS4), or
floodplain. 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 parcel is located on soils designated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
Therefore, no prime soils will be taken out of production.
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), Solar Facility Standards (Section 23-4-1030, 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.
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SPECIAL REVIEW PERMIT (USR20-0012) - COLORADO STATE LAND BOARD, C/O PIVOT
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Colorado State Land Board, c/o Pivot Solar 4 LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR20-0012, 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 Subdivision Exemption, SUBX20-0006, plat shall be recorded.
B. There is a Use by Special Review Permit, USR15-0076,
Reception #4254189, for a Small Scale Solar Facility on the parent parcel.
The applicant shall submit a letter requesting a partial vacation of
USR15-0076 and the partial vacation USR map shall be recorded prior to
recording USR20-0012. Prior to such partial vacation of USR15-0076 being
approved, the applicant shall identify additional buffering for the area
around the proposed property.
C. The applicant shall ensure that the portable toilets are screened from
adjacent properties and public road right-of-way.
D. 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 the construction phase of this project.
E. The applicant shall submit a recorded copy of any agreement, signed by
all the owners of the property crossed by the access. The access shall be
for ingress, egress, and utilities and shall be referenced on the USR map
by the Weld County Clerk and Recorder's Reception number.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0012.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The map shall delineate the landscaping and screening on the site,
in accordance with Section 23-4-1030.C of the Weld County Code.
5) The map shall delineate the 30-foot setback from the boundary of
adjacent properties, irrigation ditches, and rights-of-way in which no
equipment shall be located, in accordance with
Section 23-4-1030.G of the Weld County Code.
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6) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
7) County Road 32 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. If the existing
right-of-way cannot be verified, it shall be dedicated or reserved,
per Weld County Code. The applicant shall also delineate the
physical location of the roadway. Pursuant to the definition of
setback in the Weld County Code Section 23-1-90, the required
setback is measured from the future right-of-way line. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) 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. If the existing
right-of-way cannot be verified, it shall be dedicated or reserved,
per Weld County Code. The applicant shall also delineate the
physical location of the roadway. Pursuant to the definition of
setback in the Weld County Code Section 23-1-90, the required
setback is measured from the future right-of-way line. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
9) County Road 29 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 plat. If the existing right-of-way cannot
be verified, it shall be dedicated or reserved, per Weld County
Code. The applicant shall also delineate the physical location of the
roadway. Pursuant to the definition of setback in the Weld County
Code Section 23-1-90, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
10) County Road 34 is an unmaintained Section Line right-of-way. The
applicant shall verify and delineate the unmaintained right-of-way
and the documents creating the right-of-way on the map. All
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setbacks shall be measured from the edge of the right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way. The
applicant shall show and label the section line right-of-way as
"CR 34 Section Line Right-of-Way, not County Maintained."
11) The applicant shall show and label the approved access location
onto County Road 31, approved access width and the appropriate
turning radii on the site plan.
12) 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.
13) The applicant shall show and label a 30-foot minimum access and
utility easement to provide legal access to this portion of the parcel
on the site plan.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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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: ddriliet) jC,ItD%ok
Mike Freeman, Chair
Weld County Clerk to the Board
St: :: 0Tem
ve s
AP ED AS •
rbara Kirkme er
o my Attorney
Kevin D. Ross
Date of signature: o V26 1A.0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4 LLC
USR20-001 2
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0012, 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. The site shall be maintained in accordance with the Property Maintenance Plan and
Decommissioning Plan.
5. The site shall be maintained in accordance with the approved Landscaping Plan.
6. No outdoor storage of any materials and equipment including, but not limited to, solar
panels and support structures not in operation or in a condition determined to be obsolete
or surplus, will be allowed. All spare parts and equipment shall be located within the
storage container.
7. 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.
8. 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.
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 shall comply with all requirements provided in the executed Road
Maintenance Agreement associated with construction activities.
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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DEVELOPMENT STANDARDS (USR20-0012) - COLORADO STATE LAND BOARD, C/O
PIVOT SOLAR 4 LLC
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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. A Building Permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a registered State of Colorado engineer
shall be required or an Open Hole Inspection.
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
24. The property owner or operator shall be responsible for complying with all 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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26. 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.
27. 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.
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 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.
31. 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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