HomeMy WebLinkAbout20194910.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0054, FOR A MEDIUM SCALE SOLAR FACILITY (12MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - WESTERN EQUIPMENT AND TRUCK, INC.,
C/O SUNSHARE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 30th day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Western equipment and Truck, Inc., 2055 1st Ave, Greeley, Colorado 80631,
do SunShare, LLC, 1151 Bannock St., Denver, Colorado 80204, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0054, for a Medium Scale Solar Facility (12MW)
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lots A and B of Recorded Exemption
RECX19-0140; being part of the W1/2 NW1/4 of
Section 15, Township 4 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the Board deeming it admissible to continue the matter to
December 11, 2019, to allow the applicant adequate time to make adjustments due to change in
the Public Utility policy, and
WHEREAS, at said hearing on December 11, 2019, the applicant was represented by
Robert Hayner of Sunshare, LLC, 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 22-5-130 states: "Due to the volatility of traditional energy
resources, the County supports and encourages development and
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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 to traditional energy resources.
Solar energy can help support and enhance these traditional energy
resources that can vary in demand, creating a friendly energy
balance.
2) Section 22-5-140.A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources."
The Comprehensive Plan supports the development and use of
solar energy specifically.
3) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy." The proposed development
is a solar facility that distributes solar power throughout the grid.
4) Section 22-5-150.A states: "Given the abundance and variety of
resources in the County, it is desirable to support the use of these
resources in the County." Solar energy is an abundant and desired
resource that can only benefit the County and help strengthen the
grid.
5) 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."
6) 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 proposed
development adds another power -generation facility in the County
that benefits the residents of the County. The proposed location of
the facility positively affects the residents because they are able to
use this energy for their properties, farms, etc. here in Weld County.
Furthermore, this proposed location of the solar facility is located
directly adjacent to the substation it will be connecting to, limiting
the development of other substations.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the county is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
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Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.R states: "Medium Scale Solar Facility, subject to
the additional requirements of Section 23-5-1030." Based on this,
the use may be permitted by a USR in the A (Agricultural) Zone
District. The Medium Scale Solar 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. There are seven (7) USRs within
one (1) mile of this site. These USRs consist of one (1) waste cycling plant,
SUP -252, one (1) feed lot, SUP -21, one (1) fairground facility, Corrected
MUSR15-00016, one (1) 12 -inch natural gas pipeline, USR11-0016, one
(1) mineral resource development facility and one (1) oil and gas support
and service facility. There are several more USRs outside of the one (1)
mile radius of the site that include gravel mining pits, oil and gas production
facilities, oil and gas support and service facilities, a machine shop, a
substation, produce processing facilities, and migrant housing. The Weld
County Department of Planning Services sent notice to ten (10)
surrounding property owners within five hundred (500) feet. No
correspondence was received from surrounding property owners regarding
the proposed application. There were no emails or phone calls received
regarding the proposed application.
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 Milliken and Gilcrest, and the City of Evans. The towns of
Milliken and Gilcrest had no concerns. The City of Evans had comments
on the referral dated September 10, 2019, that reflected their NOI Form,
which requests the property owner to consider a pre -annexation
agreement. The site is located within the City of Evans Coordinated
Planning Agreement Area (CPA). As part of the pre -application process,
Evans submitted a signed Notice of Inquiry form which requested the
property owner to consider a pre -annexation agreement. During the
duration of the twenty-one (21) day period the applicant and City of Evans
attempted to create an annexation agreement but ultimately no agreement
was pursued.
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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, Airport
Overlay District or the Municipal Separate Storm Sewer System (MS4)
area. 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 "Irrigated Land (Not
Prime)" - Farmlands of National Importance," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. However,
the proposed use is temporary and soils will not be disturbed or removed
from the property. After the lease period, the land can be returned to
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), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Western Equipment and Truck, Inc., do SunShare, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0054, for a
Medium Scale Solar Facility (12MW) 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 Landscape and Screening Plan, per
Section 23-4-1030.C of the Weld County Code, for review and approval by
the Department of Planning Services.
B. The applicant shall submit a Decommissioning Plan, per
Section 23-4-1030.B of the Weld County Code, for review and approval by
the Department of Planning Services.
C. The applicant shall submit a Property Maintenance Plan which shall
address dust, noxious weeds and erosion, per Section 23-4-1030.H of the
Weld County Code, for review and approval by the Department of Planning
Services.
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D. A Road Maintenance Agreement is required at this location for
construction. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0054.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the landscaping and screening on the site,
in accordance with Section 23-4-1030.C of the Weld County Code.
5) The map shall delineate the lighting, if applicable.
6) 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.
7) The map shall delineate the thirty (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.
8) County Road 46 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) County Road 31 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
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on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
11) The applicant shall show and label the approved tracking control 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 the drainage flow arrows.
14) 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 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 plat 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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
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 plat 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
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAiA) je•e1
Weld County Clerk to the Board
BY:
APP
County ttorney
Date of signature: of /2.S/2o
(NAY)
arbara Kirkmeykr, Chair
EXCUSED
Mike Freeman, Pro-Tem
�„_ • `�» (AYE)
James
Steve Moreno
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN EQUIPMENT AND TRUCK, INC., C/O SUNSHARE, LLC
USR19-0054
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0054, is
for a Medium Scale Solar Facility (12MW) in the A (Agricultural) Zone District, and is
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. No parcel included within the USR permit boundary shall be conveyed or leased
separately from any other parcel within the USR permit boundary.
4. This is an unmanned facility.
5. The site shall be maintained in accordance with the approved Property Maintenance Plan.
6. The site shall be maintained in accordance with then approved Decommissioning Plan.
7. The site shall be maintained in accordance with the approved Landscape and Screening
Plan.
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. No outdoor storage of any materials and equipment including, but not limited to, solar
panels and support structures not in operation will be allowed.
10. No equipment associated with the solar facility shall be located nearer than thirty (30) feet
to the boundary of adjacent properties, irrigation ditches and/or rights -of -way.
11. 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.
12. 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.
13. 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.
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14. 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.
15. 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.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. 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.
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The historical flow patterns and run-off amounts on the site will be maintained.
23. Building permits 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 Colorado registered engineer shall be
required or an Open Hole Inspection.
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 with
notice to the facility operator and/or property owner at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
26. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
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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. 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.
28. 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.
29. 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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