HomeMy WebLinkAbout20181031.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
SE4 SECTION 9, T3N, R66W OF THE 6TH P.M., WELD COUNTY. COLORADO.
NORTH OF AND ADJACENT TO CR 34 SECTION LINE. APPROXIMATELY 300
FT WEST OF CR 31.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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 Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region
B Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
A small scale solar facility is permitted as a use by special review under Section 23-3-40.NN.
The solar facility will be located on a portion of the property separated from the rest by an
irrigation ditch, which makes it difficult to farm.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Adjacent land is being used for agriculture on all sides of the property. The solar facility will
abut a transmission line carrying 230/345 kV, permitted by USR 1236. No residences are
located within 0.25 miles of the proposed facility location.
D Section 23-2-220.A.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 Town of Platteville. The Town
of Platteville, in their referral comments. dated November 28, 2018 indicated that they have
no concerns.
E Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not in a floodplain.
RESOLUTION USR18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
PAGE 2
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.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 12.1 acres Prime if irrigated per the 1979
Soil Conservation Service Important Farmlands of Weld County Map and is not irrigated.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
B. The applicant shall submit a recorded copy of any agreement signed by all of 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.
(Department of Public Works)
C. The applicant shall submit an Erosion Control Plan and a Vegetation Plan prior to recording the
USR Map. (Department of Public Works)
D. The applicant shall contact the ditch owner to obtain, in writing, permission to utilize their
access road for a residential access. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0004 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
5. The map shall delineate the lighting, if applicable. (Department of Planning Services)
RESOLUTION USR18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
PAGE 3
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. (Department of Planning
Services)
7. 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 on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
8. 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 on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
9. County Road 34 Section Line is shown to have 60 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
10. Show and label the approved access locations, and the appropriate turning radii (60') on
the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
11. Show and label the section line Right -of -Way as "CR 34 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
12. The applicant shall show the drainage flow arrows. (Department of Public Works)
13. The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
parcel. (Department of Planning Services)
14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
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 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. (Department of Planning Services)
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 added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIRS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us.
(Department of Planning Services)
RESOLUTION USR18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
PAGE 4
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Planning Services)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. The Use by Special Review 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.
(Department of Planning Services)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Against Passage Absent
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 3, 2018.
Dated the 3rd of April, 2018
43V,661.1 --
Kristine Ranslem
Secretary
RESOLUTION USR18-0004
CHARLES ANDERSON, CIO OAK LEAF SOLAR XXVIII, LLC
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Oak Leaf Solar
USR18-0004
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0004, for a small scale
solar facility in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. This is an unmanned facility. (Department of Planning Services)
4. 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. (Department of Planning Services)
5. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
6. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
8. 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, 30 20 100.5, C.R.S. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. (Department of Public Health and
Environment)
10. 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. (Department of Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
12. 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. (Department of Planning Services)
13. The property owner shall control noxious weeds on the site. (Department of Public Works)
14. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
PAGE 6
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. (Department of Public Works)
17. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services)
20. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
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. (Department of Building Inspection)
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.
24. The property owner or operator shall be responsible for complying with all of 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, 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. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
RESOLUTION USR18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
PAGE 7
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
(JG Mims+e s
CM103/f '
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 3, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck,
Terry Cross, Tom Cope.
Absent: Gene Stille
Also Present: Kim Ogle, Chris Gathman, Ryder Reddick, Michael Hall, and Angela Snyder, Department of
Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley
Balzano, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0004
CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
SE4 SECTION 9, T3N, R66W OF THE 6TH P.M.. WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 34 SECTION LINE. APPROXIMATELY 300
FT WEST OF CR 31.
Angela Snyder, Planning Services, presented Case USR18-0004, reading the recommendation and
comments into the record. Ms. Snyder noted that a letter was received from Anadarko objecting to this
USR; however they would like to negotiate a Surface Use Agreement with the surface owner. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and the drainage
conditions on the property.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mike McCabe, Oak Leaf Energy Partners, 2645 East 2nd Avenue, Denver, Colorado, stated that Oak Leaf
has been in the solar business for 12 years and added that they have historically done work in Weld County.
The proposed site is approximately 12 acres in size and will serve the Weld County Airport, school districts,
and the Island Grove housing complex in Greeley.
Commissioner Jemiola asked how they suppress noxious weeds. Mr. McCabe said that after installing the
system, they will seed the site with low -growth native grass. He added that if there are noxious weeds they
will work with Weld County to take care of that problem.
Commissioner Jemiola referred to the letter from Anadarko and asked if the applicant has spoken with
Anadarko. Mr. McCabe replied that they have talked with Anadarko and have made some changes to the
site plan to accommodate their concerns. He added that they are currently working on a Surface Use
Agreement with Anadarko.
Commissioner Cope referred to Anadarko's gas line to the southeast of the site and said that it doesn't
appear that there are easements identified on the site plan. He cautioned the applicant to not build on top
of those easements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
1
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Cope wished to clarify if the final map will identify the easements on site. Ms. Synder replied
that all easements will be shown on the map.
Motion: Forward Case USR18-0004 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Meeting adjourned at 7:46 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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