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HomeMy WebLinkAbout20203716.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0029, FOR A MEDIUM SCALE SOLAR FACILITY (4.0 MEGAWATTS [ALTERNATING CURRENT] AND 4.826 MEGAWATTS [DIRECT CURRENT]) IN THE A (AGRICULTURAL) ZONE DISTRICT - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST,AND CYNTHIA L.WALTERS REVOCABLE TRUST, 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 23rd day of December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of: • Bryan Kugel Living Trust, Rural Route 2, Box 2, Lamont, Oklahoma 74643, • Gary P. Kugel Trust, 2432 10th Street, Boulder, Colorado 80304, • Kay Kugel Sachs Trust, 2640 Elmhurst Circle, Longmont, Colorado 80503, • Troy Skogmo, 310 Hawthorne, Burlington, Washington 98233, • Paula R. Carr Revocable Living Trust, 922 Collyer Street, Longmont, Colorado 80501, and Cynthia L. Walters Revocable Trust, 14669 Sky Island Lane, Anacortes, Washington 98221, • c/o SunShare, LLC, 1724 Gilpin Street, Denver, Colorado 80218, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0029, for a Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct Current]) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: The NE1/4 of Section 17, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by 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. ('t: Pl. (ec+ITP) , Pv) (mk l ph),tN-(gf) eit( st) I WI_` t?PL REP 2020-3716 1!211202-' PL2777 SPECIAL REVIEW PERMIT (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 2 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-30.A.3 states: "Limit the density and intensity of development to maintain agricultural areas." The property is currently in dryland agricultural production. There is no irrigation water associated with the property. The proposed solar facility will occupy only approximately 20% of the site. The remainder of the site according to the application will remain in dryland agricultural production. 2) Section 22-2-30.C.1 states: "Transition between land use types and intensities with buffers."The applicant is proposing a wildlife fence around the entire facility and screening along the west side of the proposed facility to screen the site from the nearest residence to the west. Additionally, the facility will be setback approximately 125 feet from the nearest residence. The proposed facility is located approximately 2,250 feet from the physical boundary of the next nearest solar facility (USR15-0076 —2 MW) on a separate property to the east of County Road 29. The property slopes from east to west. The solar facility is proposed to be located at the northwest end of the property and will not be visible from these existing solar facilities. Other adjacent uses are cropland to the south and an oil and gas processing facility (AMUSR-1038) to the north. 3) Section 22-2-30.C states: "Encourage development that preserves land for agriculture, rangeland, wetlands and critical habitats."The facility will occupy only approximately 20% of the site. The boundary of the USR will be established by Subdivision Exemption, SUBX20-0013. The reminder of the site will presently remain in dryland agricultural production. 4) Section 22-2-60.B B.3 states: "Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses." The proposed facility will occupy only approximately 20% of the existing agricultural parcel. The applicant is proposing fencing and landscaping to buffer the facility from the nearest Single-Family residence. The proposed use is in an area that can support this development and the existing screening, 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. 2020-3716 PL2777 SPECIAL REVIEW PERMIT (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 3 B. Section 23-2-230.6.2 — 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 of the Weld County Code states the proposed solar facility is considered energy development and Medium Scale Solar Facilities are allowed as a Use by Special Review in the A (Agricultural) Zone District. Medium Scale Solar Facilities are defined as solar facilities that are located on 20 acres or more and generate no more than a maximum of 30 Megawatts of electricity. C. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The Medium Scale Solar Facility is proposed to be located approximately 125 feet east of a Single-Family residence, to the south of an existing oil and gas support facility (AMUSR-1038 — oil and gas processing), an existing solar facility (USR15-0076 — 2 Megawatt Small Scale Solar Facility) is located approximately 2,250 feet to the east, and Agricultural land (cropland) is located to the south. The Weld County Department of Planning Services sent notice to eight (8) surrounding property owners within 500 feet of the parent parcel. Planning staff has not received any correspondence or phone calls from surrounding property owners regarding this case. The applicant has submitted a Landscape and Screening Plan with this application. The Conditions of Approval require that the applicant specifically addresses maintenance of the landscaping in their proposed Landscape and Screening Plan. 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 municipalities. The site is located within the three (3) mile referral areas of 2020-3716 PL2777 SPECIAL REVIEW PERMIT (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 4 the Towns of Gilcrest, Milliken, and Platteville. The site is also located within the Cooperative Planning Agreement (CPA) boundaries of the Towns of Milliken and Platteville. Prior to submittal of this application, both the Towns of Milliken and Platteville returned a response stating they were not interested in pursuing annexation. No referral responses have been received from Gilcrest, Milliken, or Platteville regarding this case. E. Section 23-2-230.6.5 — 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, MS4 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 23-2-230.6.6 —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 on approximately 32 acres of land delineated as "Prime if Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed facility will occupy only 32 acres of the 160-acre property. There is no irrigation water associated with this parcel. The application indicates the remainder of the property will remain in dryland agricultural 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), 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 Bryan Kugel Living Trust, Gary P. Kugel Trust, Kay Kugel Sachs Trust, Troy Skogmo, Paula R. Carr Revocable Living Trust, and Cynthia L. Walters Revocable Trust, do SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0029, for a Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct Current]) 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 Road Maintenance Agreement for Construction is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. B. A Landscape and Screening Plan shall be submitted, per Section 23-4-1030.C of the Weld County Code. The applicant shall submit 2020-3716 PL2777 SPECIAL REVIEW PERMIT (USR20-0029) -BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 5 a detailed maintenance plan for the proposed landscaping and screening onsite. C. 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. D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR20-0029. 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) County Road 34 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. 5) 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 site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 6) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii on the site plan. The applicant must obtain an Access Permit in the approved location prior to construction. 7) 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 2020-3716 PL2777 SPECIAL REVIEW PERMIT (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 6 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. 8) The applicant shall show and label the drainage flow arrows. 9) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 10) The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 11) The map shall delineate the landscaping and screening, in accordance with the approved Landscape and Screening Plan. 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. B. The approved access shall be constructed. 5. 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 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. 2020-3716 PL2777 SPECIAL REVIEW PERMIT (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ds,tow Mike Freeman, Chair Weld County Clerk to the Board • Steve M reno, P - em BY: Deputy Clerk to the Board Sc• . James R ED A� 186, _. / arbara Kirk eyer ounty Attorney ` Kevin D. Ross Date of signature: • I ®`��j� 2020-3716 PL2777 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC USR20-0029 1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0029, is for a Medium Scale Solar Facility (4.0 Megawatts [Alternating Current] and 4.826 Megawatts [Direct Current]) 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. No outdoor storage of any materials or equipment will be allowed including, but not limited to, solar panels and support structures not in operation. 6. 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. 7. The proposed landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. Required landscaping and screening shall be installed within one (1) calendar year of issuance of a Building Permit or commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. 8. The property owner shall maintain compliance with the Decommission Plan. 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 during construction 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. 2020-3716 PL2777 DEVELOPMENT STANDARDS (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 2 14. The historical flow patterns and runoff amounts on the site will be maintained. 15. Weld County is not responsible for the maintenance of on-site drainage related features. 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. Lighting shall be maintained in accordance with the approved Lighting Plan. 23. 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. 24. 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. 2020-3716 PL2777 DEVELOPMENT STANDARDS (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 3 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. 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. 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. 29. 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. 30. 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. 31. 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 2020-3716 PL2777 DEVELOPMENT STANDARDS (USR20-0029) - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC PAGE 4 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. 32. 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. 2020-3716 PL2777 Hello