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HomeMy WebLinkAbout20182700.tiffMEMORANDUM TO: Michael Hall, Planning Services DATE: June 4, 2018 FROM: Hayley Balzano, Public Works SUBJECT: USR18-0041 Platteville Solar The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review Permit for a Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District. This project is west of and adjacent to CR 31 and is north of CR 32. Parcel number 121116000001. Access is from CR 31. ACCESS An Access Permit application was submitted with the application materials. Public Works has reviewed the application and provides a recommendation for access locations based on County code and safety criteria in accordance with the Weld County Engineering and Construction Criteria (WCECC). The proposed unshared access point does not comply with the code requirements outlined in code section 24-8-40.C. Any new proposed shared access point will be required to comply with the spacing criteria and geometric design as stated in the WCECC. Questions concerning access requirements can be directed to Public Works access permit division. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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. ROADS AND RIGHTS -OF -WAY County Road 31 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https ://www.weldgov. com/d epartments/publicworks/perm its/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest ADT on CR 31 counted 150 vpd with 32% trucks. The traffic information submitted with the application materials indicated that during construction there will be a maximum of 25 daily roundtrips. After construction, there will be less than 1 trip per day. TRACKING CONTROL POLICY Tracking control will be required for the site during construction. ROAD MAINTENANCE AGREEMENT Public Works is requiring Road Maintenance Agreement including, but is not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. Drainage Requirements: This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -URBANIZING areas. Detention pond waived and a simple drainage narrative: This site meets exception 23-12-30.F.1.a.14 for sites greater than 5 gross acres being allowed a one time exception for the addition of up to a 2000 square foot building or equivalent imperviousness. The applicant is proposing to add up to 188 square feet of equivalent imperviousness. Grading Permit A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Solar Facilities: An Erosion Control Plan and a Vegetation Plan are required prior to recording the final map. CONDITIONS OF APPROVAL A. 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. (Department of Public Works) B. The applicant shall submit an Erosion Control Plan and a Vegetation Plan prior to recording the USR Map. (Department of Public Works) C. The plan shall be amended to delineate the following: 1. 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 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) 2. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 3. 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) 4. The applicant shall show the drainage flow arrows. (Department of Public Works) 5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. 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) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 7. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Michael Hall From: Lauren Light, Environmental Health Services Date: May 21, 2018 Re: USR18-0041 Platteville Solar CSG LLC Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for a small scale solar facility (2MW) in the A (Agricultural) Zone District. As no employees will be located at the site, permanent water and sewer is not required. Portable toilets, hand washing units and bottled water can be utilized during construction. Environmental Health Services recommends that the following requirements are incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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. 4. 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. 5. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-6112 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Services Tele: 970-304-6415. Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health Submit by Email Weld County Referral May 02, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: State of Colorado, c/o Platteville Solar CSG Case Number: USR18-0041 LLC Please Reply By: May 30, 2018 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for a Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District. Location: NORTH OF AND ADJACENT TO CR 32; WEST OF AND ADJACENT TO CR 31 Parcel Number: 121116000001-R4856286 Legal: N2/SE4/E2SW4 SECTION 16, T3N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Mike Grooms Date Agency Colorado Parks and Wildlife 5/30/18 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Parks and Wildlife Department of Natural Resources Fort Collins - Area 4 317 West Prospect Road Fort Collins, CO 80526-2003 P 970.472.4300 I F 970.472.4458 May 29, 2018 Community Energy Solar Attn: Tyson Taylor 1120 Pearl St. Suite 200 Boulder, CO 80302 Subject: Request for Subdivision Exemption Small -Scale Solar Facility Platteville, Colorado. Dear Mr. Taylor, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the Community Energy Solar project near Platteville, Colorado. We are familiar with the site, and have reviewed the proposed project documents submitted by Community Energy Solar, dated May 2, 2018. After reviewing the proposed project documents, we see that the proposed solar site is located in an area which could have a potential impact on the Burrowing Owls (State Species of Special Concern and State Threatened Species respectfully). In addition, CPW has documented two active Red-tailed hawk nests within close proximity of the proposed site. If the project proceeds as described in the proposed project documents, the CPW recommends that: • Ground -breaking construction not occur between March 15 and October 31 when Burrowing owls may be present. • Noxious weed and re -vegetation management plans are developed and implemented in areas where there will be ground disturbance due to construction activities. • No surface occupancy within a 1/3 mile radius of active Red-tailed hawk nests. Establish a seasonal restriction to human encroachment within a 1/3 mile radius of active nests from February 15 through July 15. Burrowing owl: Burrowing owl surveys are recommended if destruction or poisoning of prairie dog burrows will occur between March 15th and October 31st of any year. Recommended "Survey Protocol and Actions to Protect Nesting Burrowing Owls" is available through CPW. Burrowing Owls, a species listed on the Colorado Threatened Species List, rely on prairie dog burrows as critical nesting habitat. As a migratory species and a raptor, both the USFWS and the CPW protect Burrowing Owls. The species is considered primarily a summer resident of Colorado and a casual winter resident on the eastern plains of Colorado. The critical nesting period for Burrowing Owls occurs between March 15 and October 31. During this time breeding females occupy burrows, generally in active prairie dog towns, to nest and fledge their young. Females tend to raise one brood per year. Nesting owls will return to the same prairie dog town to nest year after year unless the town is destroyed. If possible, construction in and around prairie dog colonies should be sequenced to avoid critical nesting periods for Burrowing Owls. If it should be necessary to break ground during the critical nesting periods for Burrowing owls, impacted prairie dog towns should be surveyed for Burrowing Owls by a biologist certified for such work prior to onset of construction. If owls are found to occupy prairie dog towns, the active burrows should be protected as specified by accepted guidelines. The CPW recommends that burrowing owl clearance surveys are conducted beginning in March, and prior to prairie dog control measures (see attachment: CDOWs "Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls"). Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Chair • Jeanne Home, Vice -Chair John Howard • Bill Kane • Dale Pizel • James Pribyl, Secretary • James Vigil • Dean Wingfield • Michelle Zimmerman • Alex Zipp Weed Management. Noxious weeds reduce property value and wildlife habitat. With new construction taking place and machinery being transported from one site to another, it is important to help prevent the spread of noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are recognized. It is recommended that noxious weeds are actively eradicated. A working weed management and disturbed area reclamation plan should be developed and implemented throughout construction and until all disturbed areas are properly re -vegetated to prevent erosion and invasions by weeds. The applicant may want to contact the Weld County Weed Inspector to facilitate development of reclamation and weed management plans for the development. We appreciate being given the opportunity to comment. Please feel free to contact District Wildlife Manager Mike Grooms at 970.692.4028 or via email at michael.grooms®state.co.us should you have any questions or require additional information. Sincerely, Ty Petersburg Area Wildlife Manager- Area 4 cc: M. Grooms, M. Sherman, A. Curtis, J. George, file Michael Hall From: Sent: To: Subject: Importance: Follow Up Flag: Flag Status: Kristine Ranslem Friday, July 20, 2018 11:54 AM Michael Hall FW: SUBX18-0020 Referral High Follow up Completed Please see referral comments below. Thanks! From: David Rodenberg - DNR <david.rodenberg@state.co.us> Sent: Friday, July 20, 2018 11:45 AM To: Kristine Ranslem <kranslem@weldgov.com> Subject: Re: SUBX18-0020 Referral Kristine, Sorry for the late response on this. As the land owner, we issued the planning lease to Platteville Solar, so therefore we do not have any concerns with this use and support it via the planning lease that we have with them. However, in order for Platteville Solar to go into a production lease and after they have all of the appropriate approvals and have supplied the required documentation to the State Land Board, it will be presented to our Board for final approval. Let me know if there is anything else you need. On Mon, May 7, 2018 at 12:39 PM Leingang - DNR, Jeri <jeri.leingang@state.co.us>wrote: Kristine, I've forwarded this email to David as well. You may contact David at (303) 866-3454 x 3328 if you have any questions. Thanks, Jeri Jeri Leingang Assistant District Manager -North Central District P 970.454.5279 I F 970.454.5426 1 360 Oak Avenue, Suite 110, Eaton, CO 80615 j eri . I ei nganOst at e. co. us i www.colorado.gov/ trustlands l ands On Thu, May 3, 2018 at 11:24 AM, Kristine Ranslem <kranslem@weldgov.com>wrote: We have received a case (SUBX18-0020) in which we ask that you review the material and send a referral to us. Please click on the link below and select "Search Applications" under the Planning tab. Input the record number. Please click the blue arrow next to the "Record Info" button at the top. Select Attachments and you will find all the information including the referral form to submit back to us. The following is a quick link to the case search: https://accela-aca.co.weld.co.us/citizenaccess/. If you have any questions, please don't hesitate to contact me at the number below. Thank you! Planning Technician Weld County Planning Department 1555 N. 17t°' Avenue Greeley, CO 80631 (970)400-3519 kranslem@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 David S Rodenberg Right -of -Way Manager/ Towersite Manager/ Real Estate Portfolio Agent P 303.866.3454 ext. 3328 1127 Sherman Street Suite 300, Denver, CO 80203 david.rodenberg@state.co.us I www.colorado.gov/statelandboard 3 Hello