HomeMy WebLinkAbout20194215.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0050, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - TODD MCCORMICK, C/O OAK LEAF
SOLAR 40 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 2nd 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 Todd McCormick, 17461 CR 25, Platteville, Colorado 80651, c/o Oak Leaf
Solar 40 LLC, 2645 E. 2nd Ave., Suite 206, Denver, Colorado 80206, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0050, for a Small Scale Solar
Facility (2MW) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RECX19-0104; being
part of the N1/2 SE1/4 and the E1/2 SW1/4 of
Section 1, Township 3 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Michael McCabe, Oak Leaf
Solar 40 LLC, 2645 E. 2nd Ave., Suite 206, Denver, Colorado 80206, 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 23-2-230.6.1 — 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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SPECIAL REVIEW PERMIT (USR19-0050) - TODD MCCORMICK, C/O OAK LEAF SOLAR
40 LLC
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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."A solar facility develops alternative fuel through
a process that will not create any air emissions, nor cause dust or
odors.
2) Section 22-4-50.4 (AIR.Policy 1.4) states: "The County encourages
innovative and creative approaches to alternative energy sources."
A solar facility develops alternative fuel, which strengthens the grid
strategically in the places where it is most needed.
3) Section 22-5-120.E (NR.Goal 5) states: "Encourage the
development and responsible use of other natural resources as
means of energy, food or materials production."A solar facility uses
the natural resource of the sun to create energy.
4) 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 to and enhancing
the existing electrical grid.
5) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy."
6) Section 22-5-140.A.5.a states: "Recommended Strategy AE.1.5.a
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.
7) 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."
8) Section 22-5-160.A.1 (UR.Policy 1.1) states: "Support the
development of power-generating facilities in the County that
benefit the residents of the County and employ the resources
extracted, developed or available in the County."The request is for
a power-generating facility that benefits the residents of Weld
County and powers the vicinity in which it is located on a distribution
system that does not leave the County.
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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
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. Small
scale solar 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 the
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 three (3) residences located within 0.25 miles of the proposed
facility location and no letters were received from surrounding property
owners. Natural screening exists onsite, which 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 no concerns. There are eight (8)
Use by Special Review Permits within one (1) mile of the site: USR18-0047
Small Scale Solar Facility, USR14-0027 Mineral Resource Development
Facility, USR-798 Wood Mulching, USR-1136 Telecom Tower (120-foot),
SUP-129 Dairy (105 Cows), USR-1095 Gravel Mine, USR-1063 Power
Plant, and USR-1236 Power Lines (230-345 kV).
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain,
geohazard area, or airport overlay 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 23-2-230.6.6 —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 thirteen (13) acres.
Approximately four (4) acres of the site have soils designated "Prime if
Irrigated" and approximately six (6) acres of the site have soils designated
"Prime," per the 1979 Soil Conservation Service Important Farmlands of
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Weld County Map. The soils are clay loam, according to the NRCS Soils
Report included with the application. The proposed use is temporary, and
soils will not be unduly disturbed or removed from the property. The
proposed site improvements will result in no substantial change to peak
runoff rates or volumes and, therefore, stormwater runoff is allowed to
sheet flow consistent with historic flow routes and there will be no impact
to downstream drainage patterns and will not cause additional health or
safety concerns to adjacent properties. 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), 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 Todd McCormick, c/o Oak Leaf Solar 40 LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0050, for a Small Scale
Solar Facility (2MW) 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 plat of Recorded Exemption, RECX19-0104, shall be recorded.
B. The partial vacation of USR18-0047 shall be recorded.
C. The Landscaping and Screening Plan shall be developed in consultation
with the adjacent property owner. The plan shall be approved by the
Department of Planning Services.
D. During construction, 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.
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, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
F. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0050.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
and Section 23-4-1030 of the Weld County Code.
4) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
5) No equipment shall be located within thirty (30)feet of the boundary
of adjacent properties, irrigation ditches, and/or rights-of-way.
6) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
7) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) 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.
10) 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.
11) The map shall show the drainage flow arrows.
12) 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 plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
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Code. The Mylar plat 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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
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 2nd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO RADO
ATTEST: m � % C A
/ 4LJL
rbara Kirkmeyer, hair
Weld County Clerk to the Board
IllAggaw
e" • Mike Freeman, Pro-Tem
BY:
eputy Clerk to the Board / �,
4 Is Lz Sean P./ onway
APPR A •R At" 'l A
0,* -1/42 co t " James
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aunty Attorney i
Steve Moreno
Date of signature: IO/16/Iq
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TODD MCCORMICK, C/O OAK LEAF SOLAR 40 LLC
USR19-0050
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0050, is
for a Small Scale Solar Facility (2MW) 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 landscaping and screening onsite shall be maintained in accordance with the
approved Landscape and Screening Plan.
5. 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.
6. No outdoor storage of any materials or equipment including, but not limited to, solar panels
and support structures not in operation will be allowed.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
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14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or offsite tracking.
15. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
16. 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.
17. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
18. The historical flow patterns and runoff amounts on the site shall be maintained.
19. 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.
20. Building permits may 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. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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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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. 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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