HomeMy WebLinkAbout20182694.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0041, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - COLORADO STATE BOARD OF LAND
COMMISSIONERS, CIO PLATTEVILLE 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 Colorado State Board of Land Commissioners, 1127 Sherman Street,
Suite 300, Denver, Colorado 80203, do Platteville 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, USR18-0041, 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:
Subdivision Exemption, SUBX18-0020; being part of
the NE1/4 of Section 16, Township 3 North, Range
66 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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is an alternative energy source, adding variety, stability and
enhancing the existing electrical grid. Traditional energy resources,
being primarily fossil fuel extraction, is 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
U.S. Highway 85 and central Weld County municipalities, such as
Gilcrest and Platteville, which is a rapidly developing area 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
commercial agriculture, oil and gas, and solar facilities. The proposed Use
is in an area that can support this development and existing overhead
electrical lines adjacent to the subject property allowing connection of the
facility to the grid. The Weld County Department of Planning Services sent
notice to ten (10) surrounding property owners. No responses were
received. Of the ten (10) surrounding properties that were notified, two (2)
have residences located on them. The closest residence is approximately
0.25 miles away. All the adjacent lots are zoned A (Agricultural). There are
no subdivisions within a mile of the site and most of the nearby lots are
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large metes and bounds parcels or have been created by the Recorded
Exemption process. There are eleven (11) USRs within one mile of this
site. USR15-0076 is for a Small Scale Solar facility, which is located on the
subject parcel. USR-1236 is for 230/345kV transmission lines which are
located on the subject parcel. USR-1363 is for a commercial egg farm,
compost sales, and wood grinding. USR-1083 is for private radio towers.
USR-1578 is for a community gathering facility. USR-1195 is for a
5,000 -cow dairy. AMUSR-1038 is for an oil and gas production facility.
USR-1756 is for a dog kennel. USR-1748 is for a dog kennel. USR15-0019
is for a dog kennel. SUP -195 is for a dog kennel. The 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 and
Coordinated Planning Agreement (CPA) boundary of the Town of
Platteville. The Town of Platteville referral response, dated May 22, 2018,
indicated no concerns. Additionally, Platteville was noticed as part of the
pre -application process and submitted a response to the CPA Notice of
Inquiry form with no concerns about the solar facility. The site is not located
in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB)
of a municipality.
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 located within
the Geologic Hazard Overlay, Special Flood Hazard Area, A -P (Airport)
Overlay District 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 "Other," 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. The portion of the parent parcel that is not
encumbered by USR18-0041 and USR15-0076 will continue to be used for
hay production. The portion of the property where the proposed solar
facility will be located does not have irrigation water.
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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), 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 Colorado State Board of Land Commissioners, c/o
Platteville Solar CSG, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0041, 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 Subdivision Exemption, SUBX18-0020, plat shall be recorded.
B. There is a Use by Special Review Permit, USR15-0076, reception
#4254189, for a Small Scale Solar Facility (2MW) in the A (Agricultural)
Zone District on the parent parcel. A Partial Vacation of the USR15-0076
map shall be recorded in conjunction with USR18-0041.
C. The applicant shall attempt to address the requirements (concerns) of
Colorado Parks and Wildlife, as stated in the referral response dated
May 29, 2018. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. 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.
E. 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.
F. The applicant shall submit an Erosion Control Plan and a Revegetation
Plan for review and approval by the Department of Public Works.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0041.
2) The attached Development Standards.
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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.
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 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 the 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 locations,
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(s) 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
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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.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The applicant shall contact the Department of Public Works staff to
determine if dust suppression is necessary during 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 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 QOUNTY, COLORADO
ATTEST: d,�ifi„J G...JieL;ok.
Weld County Clerk to the Board
BY: «.
Deputy Clerk t
APPROVED AS
ountyttorney
Date of signature: %d5 g`
Steve Moreno, Chair
rbara Kirkmeye Pro-Tem
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Co_ way
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO STATE BOARD OF LAND COMMISSIONERS,
C/O PLATTEVILLE SOLAR CSG, LLC
USR18-0041
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0041, 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 and
Revegetation Plan.
7. No outdoor storage of any equipment and materials including, but not limited to, solar
panels and support structures not in operation will be allowed. All spare parts and
equipment shall be located within the storage container.
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.
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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.
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 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 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.
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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.
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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