HomeMy WebLinkAbout20182682.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0040, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JANICE CARSON AND DAVID UHRICH, C/O
ALDEN SOLAR CSG, 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 5th day of
September, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Janice Carson, 4040 West 30th Street, Greeley, Colorado 80634, and
David Uhrich, 31386 CR 51, Greeley, Colorado 80631, c/o Alden Solar CSG, LLC, attn:
Community Energy Solar, 1120 Pearl Street, Suite 200, Boulder, Colorado 80302, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0040, 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:
North 30 Acres of the SW1/4 of Section 29,
Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jonathan Moore, 5740
Prospect Road, Longmont, Colorado 80465, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-5-130 states: "Due to the volatility of traditional energy
resources, the County supports and encourages development and
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
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SPECIAL REVIEW PERMIT (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
ALDEN SOLAR CSG, LLC
PAGE 2
is an alternative energy source, adding variety, stability and
enhancing the existing electrical grid. Traditional energy resources,
being primarily fossil fuel extraction, are often tied to market
demand and can vary in output and need. Solar energy can offset,
buffer and complement some of the fluctuating oil and gas activity.
2) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy."This development is a solar
facility which allows for the collection and use of solar energy.
3) 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. And 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 project adds another
power -generating facility to Weld County, which supports the
growing energy needs of Weld County residents and is located near
northeast Greeley and the Greeley -Weld County Airport in an area
that is rapidly developing with commercial, industrial, and
residential uses.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-10 states: "The
A (Agricultural) Zone District is also intended to provide areas for the
conduct of uses by Special Review which have been determined to be
more intense or to have a potentially greater impact than Uses Allowed by
Right."
1) Section 23-3-40.NN allows for small scale solar facilities as a Use
by Special Review per the Weld County Code. Based on this, the
Use may be permitted as a USR in the A (Agricultural) Zone District.
The small scale solar facility is a non -permanent and regulated use
of land and is consistent with Section 23-3-10, as the Use is more
intense than a Use by Right.
C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland and rural residences. The proposed Use is in an area that can
support this development and existing overhead electrical lines west of and
adjacent to the subject property allow connection of the facility to the grid.
The Weld County Department of Planning Services sent notice to seven (7)
surrounding property owners. No responses were received. Of the seven
(7) surrounding properties that were notified, six (6) have residences
located on them. The closest residences are approximately 100 feet to the
south and 250 feet to the west and are owned by the same property owner
as the subject solar facility. All of the adjacent lots are zoned
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SPECIAL REVIEW PERMIT (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
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A (Agricultural). DCP Midstream owns a pipeline corridor (abandoned
UPRR) directly north of the site. Grandview Acres Minor Subdivision, zoned
E (Estate), is located 0.5 miles to the north of the facility. There are no other
subdivisions within a mile of the site and most of the nearby lots have been
created by the Recorded Exemption process. The property owners and
family members own five (5) other parcels that are contiguous to the
subject parcel. There are three (3) USRs within one mile of this site.
SUP -142 is for a 400 -head cattle feedlot and is located directly east of the
site; however, it is not active. USR13-0006 is for a non -1041 natural gas
pipeline and is located 0.65 miles to the south of the site. USR-1594 is for
a Wastewater Treatment Facility and is located 0.9 miles to the southwest
of the site. There are several USRs beyond the mile radius including:
feedlots, mineral resource development facilities, and a portable restroom
business. The Improvements Agreement, Conditions of Approval and
Development Standards will assist in mitigating the impacts of the solar
facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region. The proposed screening includes an
eight (8) -foot tall decorative perimeter fence with six (6) -inch square
galvanized metal mesh and timber posts around the solar facility which
reduces the visual impact to the area.
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. This site is located within the three (3) mile referral area of
the City of Greeley. The City of Greeley referral response dated April 27,
2018, indicated no concerns. The site is not located in a Regional
Urbanization Area (RUA) or Intergovernmental Agreement (IGA) boundary.
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 located in the
A -P (Airport) Overlay District and the Greeley -Weld County Airport referral
response, dated April 26, 2018, indicated no concerns. The property is not
within the Geologic Hazard Overlay, Special Flood Hazard Area, or MS4
area. Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is located on soils designated as Prime
(Irrigated) - Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. However,
the proposed use is temporary, and soils will not be unduly disturbed or
removed from the property. After the lease period, the land can be returned
to agricultural production. The property is currently irrigated and planted in
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SPECIAL REVIEW PERMIT (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
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corn. The irrigation water that is currently on the subject parcel will be
diverted during the solar facility lease of the site to the adjacent cropland
located directly south of the site, also owned by the applicants.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Solar Facility Standards (Section 23-4-1030, Weld County Code),
Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of the health, safety, and welfare
of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Janice Carson and David Uhrich, c/o Alden Solar CSG,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0040, 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 applicant shall submit a Landscape and Screening Plan per
Section 23-4-1030.C of the Weld County Code for review and approval by
the Department of Planning Services.
B. The applicant shall submit a Property Maintenance Plan which shall
address dust, noxious weeds and erosion per Section 23-4-1030.H of the
Weld County Code for review and approval by the Department of Planning
Services.
C. The applicant shall submit an Erosion Control Plan and Revegetation Plan
for review and approval by the Department of Public Works.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0040.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
4) The map shall delineate the landscaping and screening on the site,
in accordance with Section 23-4-1030.C of the Weld County Code.
5) The map shall delineate the thirty (30) -foot setback from the
boundary of adjacent properties, irrigation ditches, and
rights -of -way in which no equipment shall be located, in accordance
with Section 23-4-1030.G of the Weld County Code.
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SPECIAL REVIEW PERMIT (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
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6) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
7) 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.
8) County Road 51 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate the future and existing right-of-way on the site plan. This
road is maintained by Weld County.
9) The applicant shall show and label the approved access location as
requested in the application materials and shown on the USR map,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
10) 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.
11) The applicant shall show the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map, the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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.
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SPECIAL REVIEW PERMIT (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 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 5th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.vitet&V G uldo%ok.
Weld County Clerk to the Board
BY:
Deputy Cler
APP
County Attorney
Date of signature:
Steve Moreno, Chair
/
L4.-
arbara Kirkmeye , Pro-Tem/
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JANICE CARSON AND DAVID UHRICH,
C/O ALDEN SOLAR CSG, LLC
USR18-0040
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0040, 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 site shall be maintained in accordance with the Property Maintenance Plan and
Decommissioning Plan.
5. The site shall be maintained in accordance with the approved Landscape and Screening
Plan.
6. The site shall be maintained in accordance with the approved Erosion Control Plan and
Revegetation Plan.
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.
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.
9. 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.
10. 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.
11. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. 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.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. Weld County is not responsible for the maintenance of on -site drainage related features.
15. 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.
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DEVELOPMENT STANDARDS (USR18-0040) - JANICE CARSON AND DAVID UHRICH, C/O
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16. 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.
17. 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.
18. 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2012 International Codes; 2006
International Energy Code; 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 registered State of Colorado engineer
shall be required or an open hole inspection.
21. 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.
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 the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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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 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.
27. 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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