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Home My WebLink About20182312.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, 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: USR' 8-0047 APPLICANT: TODD MCCORMICK, O/O OAK LEAF SOLAR XXIX, LLC PLANNER ANGELA SNYDER REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: N2SE4/E2SW4 SECTION 1, T3N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 36, WEST OF AND ADJACENT TO CR 25. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are it 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 Coce 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. This facility produces alternative fuel from solar energy, a renewable resource which is encouraged by the following sections of the Comprehensive Plan. Section 22-4-50.3 of the Weld County Code states, "AI R. Policy 1.3. 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 fuels. Section 22-5-120.E of the Weld County Code 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. Section 22-5-130 of the Weld County Code 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. B Section 23-2-220.A.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 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.NN. Small scale solar is a non -permanent and controlled use of land. RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 2 C. Section 23-2-220.A.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 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. Adjacent land is predominantly used for agriculture. There are three residences located within 0.25 miles of the proposed facility location, though no letters were received from surrounding property owners. Natural screening exists onsite with aides compatibility. 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 Towns of Milliken, Gilcrest and Platteville and within the Intergovernmental Agreement Areas of the Towns of Milliken and Platteville. All three towns indicated they have no concerns. There are seven (7) Use by Special Review Permits within one (1) mile of the site: 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 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a floodplain. 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 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 13.3 acres. Approximately four acres of the site have soils designated Prime if Irrigated and approximately six acres of the site have soils designated Prime per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed use is temporary and soils will not be unduly disturbed or removed from the property. After the lease period, the land can be returned to agricultural production. G. Section 23-2-220A7 - 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. RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 3 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The plat of Subdivision Exemption SUBX18-0025 shall be recorded. B. 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 during construction. (Department of Public Works) C. The applicant shall submit an Erosion Control Plan and a Vegetation Plan. (Department of Public Works) D. The applicant shall submit a Property Maintenance Plan. (Department of Planning Services) E. The applicant shall submit a Landscape and Screening Plan. (Department of Planning Services) F The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0047 (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 and Section 23-4- 1030 of the Weld County Code. (Department of Planning Services) 4. The map shall delineate the landscaping and screening in accordance with Section 23-4- 1030 of the Weld County Code. (Department of Planning Services) 5. The map shall delineate the lighting, if applicable. (Department of Planning Services) 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. No equipment shall be located nearer than thirty (30) feet to the boundary of adjacent properties, irrigation ditches, and rights -of -way. 8. 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) 9. 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 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) 10. 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) 11. Show and label the approved tracking control on the site plan. (Department of Public Works) RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 4 12. 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. (Department of Public Works) 13. The map shall show the drainage flow arrows. (Department of Public Works) 14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 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. 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) 5. 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 Michael Wailes Terry Cross Tom Cope Lonnie Ford Richard Beck Against Passage Absent Jordan Jemiola 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. RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 5 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 July 17, 2018. Dated the 17th of July, 2018 `190,01.fzikt Kristine Ranslem Secretary RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Oak Leaf Solar USR18-0047 1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0047, 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. 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) 7. No outdoor storage of any materials and equipment including, but not limited to, solar panels and support structures not in operation will be allowed. (Department of Planning Services) 8. 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. (Department of Planning Services) 9. 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) 10. 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) 11. 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) 12. 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) 13. 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) 14. The property owner shall control noxious weeds on the site. (Department of Public Works) 15. 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) RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 7 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 17. 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) 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 19. The historical flow patterns and runoff amounts on the site shall be maintained. (Department of Public Works) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 21. 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) 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. 25. 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. 26. 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. 27. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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, RESOLUTION USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC PAGE 8 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 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. Pc Avw,Aes O1 In I ar)t4r6 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 17, 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: Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard Beck. Abse-it: Jordan Jemiola, Gene Stille. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and Tom 2arko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0047 TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC ANGELA SNYDER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW; IN THE A (AGRICULTURAL) ZONE DISTRICT N2SE4/E2SW4 SECTION 1, T3N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTI OF AND ADJACENT TO CR 36, WEST OF AND ADJACENT TO CR 25. Angela Snyder, Planning Services, p-esented Case USR18-0047, reading the recommendation and comments into the record. Ms. Snyder noted that no letters were received from surrounding property owners; however, Anadarko Petroleum Corporation submitted a letter today stating no concerns. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the existing traffic, access to the site, and the drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling P an. Kyle Sundman, Oak Leaf Energy Partners, 2020 Lawrence Street, Denver, Colorado, stated their gratitude for staff and to the Planning Commission for considering this project. He added that he was available for any questions. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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. Motion: Forward Case USR18-0047 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 Sparrow, Seconded by Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Commissioner Johnson stated that he is glad to see these types of projects happen. Meeting adjourned at 4:32 pm. Respectfully submitted, 43/Vbarlt_eadevtin... Kristine Ranslem Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, Cit , State, Zip I 31C'esi\ um, en v‘ave @,, i ALLeivi,icivia. eCCIW , Co fors1)24 beNde44- Ai a, Vie e\kY2-07x> (grit, - '3oso cpriArt Ltf," CA ti ctt , , L*9 I Hasp 7-0 0 S ill let tit ret i A e '-"Alle 07 A iii 4 6 te) 0 1/4ninr2,n1 Thriivel SeAuter ist' \ Ho tekr—faiss'it-7.--CI4% rs. 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