HomeMy WebLinkAbout20194769.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0059, FOR A SMALL SCALE SOLAR FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - GARY MCCORMICK, C/O OAK LEAF
SOLAR 42 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 20th day of
November, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Gary McCormick, 3380 W. 72nd Ave., Westminster, Colorado 80030,
do Oak Leaf Solar 42 LLC, 2645 E. 2nd Ave., Suite 206, Denver, Colorado 80205, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0059, for a Small Scale
Solar Facility in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RECX16-0124; being
part of the NW1/4 of Section 6, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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. 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. This facility
produces alternative fuel from solar energy, a renewable resource, which
is encouraged by the following sections of the Comprehensive Plan.
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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."
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 — Alternative Energy Resources, 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 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
supports the development and use of solar energy specifically.
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) state: "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. 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
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interference of other, incompatible land uses. A Small Scale Solar 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 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. 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. Adjacent land is predominantly used for agriculture.
There are seven (7) residences located within 0.25 miles of the proposed
facility location. Notification was sent to nine (9) surrounding property
owners and no correspondence was received. The siting of the facility on
the eastern property boundary and far from all but one (1) neighboring
residence enhances compatibility.
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. The site is located within the three (3) mile referral area of
the Towns of Milliken, Gilcrest, and Platteville, and within the
Intergovernmental Agreement Areas of the Towns of Milliken and
Platteville. All three (3) towns indicated they have no concerns. The Town
of Platteville maintains County Road 38. In the referral dated
September 12, 2019, the town included a letter sent to the applicant, dated
July 23, 2019, in which a single access for the solar facility was approved,
and drainage and tracking were addressed. There are eight (8) approved
Use by Special Review permits within one (1) mile of the site, including
three (3) mineral resource development facilities, two (2) Small Scale Solar
Facilities, a telecommunication tower, a wood mulching business and pipe
and equipment storage.
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.B.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,"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map; however, the property is not irrigated and the soils are
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designated as Altvan loam with zero to one percent slopes, which are
classified as "not prime farmland" on the Natural Resources Conservation
Service (NRCS) Custom Soil Resource Report, dated August 15, 2019,
included with the application.
G. Section 23-2-230.6.7 — 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 Gary McCormick, c/o Oak Leaf Solar 42 LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0059, 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 submit a Final Drainage Report and Certification of
Compliance stamped and signed by a Professional Engineer registered in
the State of Colorado, or a drainage narrative with a qualifying exception,
is required.
B. 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.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0059.
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 screening, in accordance with the
approved 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.
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6) County Road 25 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) This portion of County Road 38 is under the jurisdiction of the Town
of Platteville. The applicant shall contact the municipality to verify
the right-of-way and tracking control. The applicant shall show and
label the right-of-way. The applicant shall show the approved
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
8) If applicable, the applicant shall show and label a minimum
30 -foot -wide access and utility easement to provide legal access to
the project site on the site plan.
9) If applicable, show and label the accepted drainage features.
Stormwater ponds shall be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
10) The applicant shall show and label the drainage flow arrows.
11) 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'aboyv, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon. approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (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.
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4. Prior to Construction:
A. 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 20th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLO • .O
ATTEST: dirdia,,O „k,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPRO
y Attorney
Date of signature: I /15/2O
Steve Moreno
ara Kirkmeyer, C : it
Mike Freeman, Pro-Tem
Sean . Conwa
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY MCCORMICK, C/O OAK LEAF SOLAR 42 LLC
USR19-0059
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0059, is
for a Small Scale Solar Facility in the A (Agricultural) Zone District, and 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 approved Property Maintenance Plan.
5. The site shall be maintained in accordance with the approved Screening Plan.
6. The site shall be decommissioned in accordance with the approved Decommissioning
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 thirty (30) feet of the
boundary of adjacent properties, irrigation ditches, and/or 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 historical flow patterns and run-off amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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.
14. 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.
15. 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.
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16. 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.
17. Tracking control shall be provided during construction on County Road 38.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. During construction of the facility, the use of screened portable toilets shall be allowed and
shall be removed following construction.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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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25. 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.
26. 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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