HomeMy WebLinkAbout20182311.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0047, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - TODD G. MCCORMICK, C/O OAK LEAF
SOLAR XXIX, 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 15th day of
August, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Todd G. McCormick, 17461 CR 25, Platteville, Colorado 80651, c/o Oak Leaf
Solar XXIX, LLC, 2645 E. 2nd Avenue, Suite 206, Denver, Colorado 80205, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0047, 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:
N1/2 SE1/4 and 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 present and,
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect. The
proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region. This facility
produces alternative fuel from solar energy, a renewable resource, which
is encouraged by the following sections of the Comprehensive Plan.
1) Section 22-4-50.3 (AIR.Policy 1.3) states: "The County encourages
the use and development of alternative fuels, alternatively fueled
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SPECIAL REVIEW PERMIT (USR18-0047) - TODD G. MCCORMICK, C/O OAK LEAF SOLAR
XXIX, LLC
PAGE 2
vehicles and modes of transportation that reduce pollutants." A
solar facility develops alternative fuels.
2) 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.
3) 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.
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 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.
C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Use is in an area
that can support this development and the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region. Adjacent land is predominantly used for agriculture.
There are three (3) residences located within 0.25 miles of the proposed
facility location, though no letters were received from surrounding property
owners. Natural screening exists onsite, which will aid with compatibility.
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, 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 seven (7)
Use by Special Review Permits within one (1) mile of the site: USR14-0027
is for a Mineral Resource Development Facility, USR-798 is for Wood
Mulching, USR-1136 is for a Telecom Tower (120 -foot), SUP -129 is for a
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SPECIAL REVIEW PERMIT (USR18-0047) - TODD G. MCCORMICK, C/O OAK LEAF SOLAR
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Dairy (105 Cows), USR-1095 is for a Gravel Mine, USR-1063 is for a Power
Plant, and USR-1236 is for 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.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
Use. The proposed facility is located on approximately 13.3 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
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 23-2-230.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 G. McCormick, c/o Oak Leaf Solar XXIX, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0047, 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 Subdivision Exemption, SUBX18-0025, shall be recorded.
B. A Road Maintenance Agreement is required during construction at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. The applicant shall submit an Erosion Control Plan and a Revegetation
Plan for review and approval by the Department of Planning Services.
D. The applicant shall submit a Property Maintenance Plan for review and
approval by the Department of Planning Services.
E. The applicant shall submit a Landscape and Screening Plan for review and
approval by the Department of Planning Services.
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F. The applicant shall submit a Decommissioning Plan for review and
approval by the Department of Planning Services.
G. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0047.
2) The attached Development Standards.
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) The map shall delineate the landscaping and screening 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) No equipment shall be located nearer than thirty (30) feet to the
boundary of adjacent properties, irrigation ditches, and
rights -of -way.
8) 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.
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 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.
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 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.
11) 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
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SPECIAL REVIEW PERMIT (USR18-0047) - TODD G. MCCORMICK, C/O OAK LEAF SOLAR
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distance from the gate to the edge of the traveled surface be less
than 35 feet.
12) The map shall show the drainage flow arrows.
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.
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. 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 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 15th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD CPUNTY, COLORADO
ATTEST: dada.%) 4-ef44
Weld County Clerk to the Board
BY:
Deputy Cler
VED A
County Attorney
Date of signature: 9 16
Steve Moreno, Chair,
arbara Kirkmeyejro-Tem
an P. ,�nway
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TODD G. MCCORMICK, C/O OAK LEAF SOLAR, LLC
USR18-0047
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0047, 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. 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.
5. The site shall be maintained in accordance with the approved Landscaping/Screening
Plan.
6. The site shall be maintained in accordance with the approved Erosion and Vegetation
Plan.
7. The site shall be maintained in accordance with the approved Decommissioning Plan
8. 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.
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. 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.
12. 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.
13. 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
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DEVELOPMENT STANDARDS (USR18-0047) - TODD G. MCCORMICK, C/O OAK LEAF
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conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
14. 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.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. 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.
20. The historical flow patterns and runoff amounts on the site shall be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. 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 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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 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.
25. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. 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.
27. 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.
28. 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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