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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: July 17, 2018
USR18-0047
Oak Leaf Solar XXIX LLC
Todd McCormick
Michael McCabe & Kyle Sundman, Oak Leaf Energy Partners
A Site -Specific Development Plan and Use by Special Review Permit for Small
Scale Solar Facility (2MW) in the A (Agricultural) Zone District.
Being a part of the N2SE4 and the E2SW4 of Section 1, Township 3, Range 67
West of the 6th P.M., Weld County, Colorado
North of and adjacent to CR 36, West of and adjacent to CR 25
±13.3 acres of a Parcel No. 1209-01-0-00-040
±145.45 -acre parcel
The criteria for review of this Special Review Permit are listed in Weld County Code Section 23-2-220.
The Department of Planning Services staff has received referral responses with comments from the
following agencies:
Town of Platteville, referral dated May 29, 2018
Weld County Department of Public Health and Environment, referral dated June 6, 2018
Weld County Department of Public Works, referral dated June 27, 2018
The Department of Planning Services staff has received referral responses without comments from the
following agencies:
V V V V V V V V
Town of Milliken, referral dated May 2, 2018
Weld County Zoning Compliance, referral dated May 29, 2018
Weld County School District RE -1, referral dated May 29, 2018
Colorado Division of Parks and Wildlife, referral dated May 30, 2018
Platteville-Gilcrest Fire Protection District, referral dated May 31, 2018
Central Weld County Water District, referral dated June 13, 2018
Weld County Sheriff's Office, referral dated June 13, 2018
Town of Gilcrest, referral dated June 20, 2018
The Department of Planning Services staff received no referral response from the following agencies:
Western Mutual Ditch Company
Platte Valley Conservation District
U5R18-0047 Oak Leaf Solar
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder Hearing Date:
USR18-0047
Oak Leaf Solar XXIX LLC
Todd McCormick
Michael McCabe & Kyle Sundman, Oak Leaf Energy Partners
A Site -Specific Development Plan and Use by Special Review Permit for Small Scale
Solar Facility (2MW) in the A (Agricultural) Zone District.
Being a part of the N2SE4 and the E2SW4 of Section 1, Township 3, Range 67 West
of the 6th P.M., Weld County, Colorado
North of and adjacent to CR 36, West of and adjacent to CR 25
July 17, 2018
±13.3 acres of a Parcel No. 1209-01-0-00-040
±145.45 -acre parcel
The applicant is proposing a 2 MW DC solar facility on a proposed 13.3 acres subdivision exemption lot,
SUBX18-0025. The facility will generate 3.358 million kWh annually, the equivalent of about 400 homes.
The site is accessed off County Road 36.
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services staff 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. 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, "AIR.Palicy t3. 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.
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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.
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.
USR18-0047 Oak Leaf Solar
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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 23-2-220.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 Department of Planning Services' staff 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)
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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)
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)
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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. 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)
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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)
USR18-0047 Oak Leaf Solar
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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)
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
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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,
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.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
May 29, 2018
MCCABE MICHAEL
2645 E 2ND AVENUE STE 206
DENVER, CO 80205
Subject: USR18-0047 - A Site Specific Development Plan and Use by Special Review Permit for Small
Scale Solar Facility (2MW) in the A (Agricultural) Zone District
On parcel(s) of land described as:
N2SE4/E2SW4 SECTION 1, T3N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Gilcrest at Phone Number 970-737-2426
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 03/22/2018
Case Number: USR18-0047
Applicant: Oak Leaf Solar XXIX, LLC
Request: A Site -Specific Development Plan and Use by Special Review Permit for
Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District.
Legal
Description:
Being a part of the N2SE4 and the E2SW4 of Section 1, Township 3,
Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 36, West of and adjacent to CR 25
Total Size
of Parcels:
+/- 145.45 acres
Parcel Number: 1209-01-0-00-040
Zoning
Land Use
N
A (Agricultural)
N
Agriculture / Rural Residential
E
A (Agricultural)
E
Agriculture / Rural Residential
S
A (Agricultural)
S
Agriculture / Rural Residential /
USR-798 Wood Mulching Business
W
A (Agricultural)
W
Agriculture / Rural Residential
COMMENTS:
The site (SUBX18-0025), located in the southwest portion of the property, is accessed off County
Road 36. The farmhouse and accessory structures are located on the eastern edge of the
property, off County Road 25. There are two homes adjacent to the site, 11247 and 11419 County
Road 36 and one home across the street, 11360 County Road 36. The first is buffered from the
site by a small hill. The second has large trees screening the home and the home across the
street from the site. There are no other homes within 0.25 miles of the site. The subdivision
exemption lot is separated from the rest of the property by a ditch without crossings. There are
signs of oil and gas activity in the area.
Angela Snyder, Planner
Hello