HomeMy WebLinkAbout20162973RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0022, FOR A MEDIUM SCALE SOLAR FACILITY IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT - WO WCR 28, LLC, AND COLLEGE 43, LLC, CIO
SILICON RANCH CORPORATION
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 28th day of
September. 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of WO WCR 28, LLC. 510 E. 51st Avenue. Suite 205, Denver. CO. 80612
and College 43. LLC. 600 N. 2nd Street. LaSalle. CO 80645, c/o Silicon Ranch Corporation, 150
Third Avenue South, Suite 2000, Nashville. TN 37201, for a Site Specific Development Plan and
Use by Special Review Permit, USR16-0022, for a Medium Solar Facility in the 1-3 (Industrial)
Zone District. on the following described real estate. being more particularly described as follows:
NE1/4 NW1/4: NW1/4 NW1/4. S1/2 SW1/4: SE1/4
NW1/4; N1/2 SW1/4; SW1/4 NW1/4; all located in
Section 32. Township 3 North. Range 65 West of the
6th P.M.. Weld County. Colorado
WHEREAS, at said hearing, the applicant was represented by John Marcarelli, Pete
Candelaria. and Ali Weaver. 150 3rd Avenue South. Suite 2000. Nashville, TN 37201, 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 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change, and Section 22-2-20.G.2 - A.Policy 7.2 states:
"Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when
the subject site is in an area that can support such development,
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SPECIAL REVIEW PERMIT (USR16-0022) - WO WCR 28, LLC, AND COLLEGE 43, LLC, C/O
SILICON RANCH CORPORATION
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and should attempt to be compatible with the region. The applicant
is requesting a USR for a Medium Scale Solar Facility. The
application materials state that a six (6) -foot galvanized chain -link
fence with three (3) strand barb wire on the top will surround the
site. Hardy shrubs are proposed along the north boundary (CR 28),
no trees are proposed and the landscaping will not be irrigated. The
remainder of the site will be seeded in grass which will be
maintained. The application materials include a Decommissioning
Plan that states at the end of the useful life the facility will be
disassembled and/or demolished and the site will be reclaimed,
re -contoured and re -vegetated. The proposed facility will generate
minimal noise and traffic, and in an area that can support this
development and the existing screening, Conditions of Approval
and Development Standards will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
2) Section 22-5-140.A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources."
and Section 22-5-140.A.1 (AE.Policy 1.5) states: "Support the
development and use of solar energy." The Medium Scale Solar
Facility will deliver electrical energy to United Power under a
20 -year power purchase agreement. The Facility will generate
about 20 megawatts (MW). Employees will visit and inspect the site
on a quarterly basis. The Facility will operate 24 hours a day. seven
(7) days a week. The individual solar modules will be mounted on
single -axis tracking structures which will follow the east -west path
of the sun. The modules will be mounted approximately five (5) feet
above grade. The inverter stations are positioned within the
Facility's interior, the inverters are approximately eight (8) feet in
height.
3) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new
industrial development within existing industrial areas.
4) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments."
5) Section 22-2-80.C.1 (I.Policy 3.1) states: "Support transportation
systems within and into industrial developments that address a full
range of mobility needs, and which effectively provide connectivity
in a cost effective. efficient and comprehensive manner. " This site
will have a minimal impact on the transportation systems and
infrastructure in the area.
6) Section 22-2-80.D (I.Goal 4) states: `All new industrial
development should pay its own way." The applicant will be
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SPECIAL REVIEW PERMIT (USR16-0022) - WO WCR 28, LLC. AND COLLEGE 43, LLC. CIO
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required to pay for any improvements with regard to the facility
tracking onto the County road.
7) Section 22-2-80.E (I.Goal 5) states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,
state and local policies and legislation.
8) Section 22-2-80.E.2 (I. Policy 5.2) states: "Development
improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at
historic levels..? The proposed facility will be subject to an Erosion
Control Plan. Revegetation/Weed Control Plan, as well as the
Conditions of Approval and Development Standards, which will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
9) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the 1-3 (Industrial) Zone District. Section 23-3-330.D.20 allows for a Site
Specific Development Plan and Use by Special Review Permit for a
Medium Scale Solar Facility in the 1-3 (Industrial) Zone District.
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
pastures, crops, rural residences, and other industrial uses. There is a
residence about 0.25 miles north of the site and another residence about
0.25 miles south of the site. There are five (5) USRs within one (1) mile of
the site. A solid waste disposal site (MUSR15-0015) and a salvage yard
and repair (USR-1311) are located east of the site. A 6,000 -head dairy
(Amended USR-1201) and two mineral resource development facilities
(USR13-0001 and USR14-0081) are all located north of the site. The Weld
County Department of Planning Services has not received any phone calls,
letters. or other correspondence from the surrounding property owners that
object to this USR. The site was changed from A (Agricultural) Zoning to
1-3 (Industrial) Zoning with Change of Zone, COZ12-0001, which was
recorded on January 17, 2003.
Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding, area as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect. or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
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SPECIAL REVIEW PERMIT (USR16-0022) - WO WCR 28, LLC. AND COLLEGE 43, LLC, C/O
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any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V. of the Weld County Code. 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.
Section 23-2-230.B.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 23-3-350, Weld County Code),
Operation Standards (Section 23-3-360, 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 WO WCR 28, LLC. and College 43, LLC. c/o Silicon
Ranch Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0022. for a Medium Scale Solar Facility in the 1-3 (Industrial) 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:
The applicant shall submit documentation to vacate SUP -128 (for 100.000
turkeys).
B. The applicant shall submit an Erosion Control Plan to the Department of
Planning Services.
C. The applicant shall submit a Revegetation/Weed Control Plan to the
Department of Planning Services.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0022.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) All signs shall be shown on the map and shall adhere to Chapter L;
23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
5) The map shall delineate lighting. if applicable.
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6) Show all oil and gas production facilities and related County
setbacks.
7) County Road 28 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road
is maintained by Weld County.
8) The County Road 39 Section Line has 60 feet of unmaintained
County line right-of-way. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way and this
information shall be noted on the map. All setbacks shall be
measured from the edge of right-of-way.
9) Show and label the approved accesses all permitted under Access
Permit, AP16-00289, and the appropriate turning radii on the site
plan.
10) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
11) The applicant shall show the drainage flow arrows.
12) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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 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 added for each additional three (3)
month period.
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4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 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 28th day of September. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: S �o� ` , ‘,a
Weld County Clerk to the Board
BY:1) ( ' ; , C . —�-E,•
Deputy Clerk to the Board
APPROVED AS TO
County Attorney
Date of signature: 10(81/(co
m
Mike Freeman. Chair
Sean P. Con ay, Pro-Te
Cc.Lfr ,c
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WO WCR 28, LLC, AND COLLEGE 43, LLC
0/0 SILICON RANCH CORPORATION
USR16-0022
1 A Site Specific Development Plan and Use by Special Review Permit, USR16-0022. is for
a Medium Scale Solar Facility in the 1-3 (Industrial) 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 landscaping/screening on the site shall be maintained.
5. 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.
6. The output of this solar facility shall not exceed 30 megawatts (MW).
7. The property owners shall control noxious weeds on the site.
8. The property owners shall be in compliance with the Erosion Control Plan on file in the
Department of Planning Services.
9. The property owners shall be in compliance with the Revegetation/Weed Control Plan.
10. The accesses on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
14. 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, Section 30-20-100.5. C.R.S.
15. 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.
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DEVELOPMENT STANDARDS (USR16-0022) - WO WCR 28, LLC, AND COLLEGE 43. LLC,
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16. The property owners shall not permit any public nuisances on the property. as defined in
Colorado Revised Statutes.
17. 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. The property owners or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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 owners 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.
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25. 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 protected property rights and mineral owners
should be afforded the opportunity to extract the mineral resource.
23 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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