HomeMy WebLinkAbout20160847.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0076, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TWO (2) MEGA-WATT COMMUNITY OWNED
SOLAR POWER GENERATION FACILITY), PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
STATE OF COLORADO, BOARD OF LAND COMMISSIONERS, CIO CLEAN ENERGY
COLLECTIVE
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 16th day of
March, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of State of Colorado, Board of Land Commissioner, 1127 Sherman Street, Suite
300, Denver, CO 80203, c/o Clean Energy Collective, 361 Centennial Parkway, Third Floor,
Louisville, CO 80027, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0076, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (two (2) mega-watt Community Owned Solar Power
Generation Facility), provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
N1/2, SE 1/4, E1/2 SW1/4 of Section 16, Township
3 North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present, 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:
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SPECIAL REVIEW PERMIT (USR15-0076) -STATE OF COLORADO, BOARD OF LAND
COMMISSIONERS, C/O CLEAN ENERGY COLLECTIVE
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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.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, and should attempt to be
compatible with the region." The proposed facility will generate
minimal noise and traffic.
2) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy."The proposed solar facility
will provide power for Xcel Energy.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code allows any use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (solar
power generation facility), provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located on agricultural
land. The nearest single family residence is located approximately 1/4 mile
to the north of the site and approximately 750 feet from an existing oil and
gas production facility (approved under AMUSR-1038). The proposed
facility will be located on approximately 12.5 acres of a 551-acre parcel.
The facility will generate minimal impacts in regards to traffic and noise. A
screening plan is required as a Condition of Approval for this facility.
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. The site is located within the three (3) mile referral areas of
the Towns of Gilcrest and Platteville. The Towns of Gilcrest and Platteville,
in the referral responses dated January 13, 2016, indicated no concerns.
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 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, County Facility Fee and
Drainage Impact Fee Programs.
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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 proposed facility is located on approximately 551 acres indicated
as "Prime if Irrigated" and "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The amount of land
encumbered by the solar facility will be a small portion of the parcel. The
solar generation facility will be located on approximately 12.5 acres
identified as "Prime if Irrigated."
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), 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 State of Colorado, Board of Land Commissioners, c/o
Clean Energy Collective, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0076, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (two (2) mega-watt Community Owned Solar Power
Generation Facility), provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 Decommissioning Plan to the Department of
Planning Services, for review and approval. The Decommissioning Plan
shall include a detailed plan with timeframes or milestones after termination
of operations for restoring the property to its condition which existed prior
to commencement of operations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0076
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Delineate the approved landscaping/screening.
Landscaping/screening shall include, at a minimum, decorative
fencing, berming, and/or vegetation such that the facility is
aesthetically pleasing as viewed from adjacent properties and
rights-of-way.
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5) County Road (CR) 29 is a gravel road and is designated on the
Weld County Road Classification Plan as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
6) CR 34 Section Line is shown to have 60 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map.
The applicant shall delineate the existing right-of-way on the site
plan. All setbacks shall be measured from the edge of right-of-way.
7) Show and label the approved Access Permit Number(AP16-00004)
and the appropriate turning radii on the site plan.
8) Show and label the section line right-of-way as "CR 34 Section Line
Right-of-Way, not County maintained".
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.
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.
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 maps@co.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.
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6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daft/Lao%) ;� I� 1 '�-1(�"t-g
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
Sean P. Conway, Pro-Tem
D ' Clerk to th Board �% 111,6 GC.LU O
etel
`ie A. Cozad
O D AS T i161 tp,oezo
:ara Kirkmeyer
C•u ' •ttorney
�- Steve Moreno
Date of signature: /a`�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STATE OF COLORADO, BOARD OF LAND COMMISSIONERS
C/O CLEAN ENERGY COLLECTIVE
USR15-0076
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0076, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (two (2) mega-watt Community Owned Solar
Power Generation Facility), provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions 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. 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.
4. The landscaping/screening on the site shall be maintained.
5. Upon termination of the use of the solar power generation facility, associated structures
and equipment associated with the solar power generation facility shall be removed and
the premises restored to its original condition in accordance with the approved
decommissioning plan.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
7. 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.
8. 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.
9. 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.
10. 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.
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11. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies and the Weld County Code.
12. 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.
13. The property owner or operator shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking.
15. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. The County Road 34 section line in this location is an unmaintained County right-of-way.
Access will be along this unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
18. A portion of the USR15-0076 property is crossed by a 230/345 Kv transmission line
approved by the Weld County Planning Commission as a Major Facility of a Public Utility
under case number USR-1236. The transmission line is located approximately 3/4 miles
to the east of the solar power generation facility site under this USR. The approved
USR-1236 Plat was recorded September 8, 1999 under Reception No. 2719192.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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
WeldCounty regulations.
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COMMISSIONERS, C/O CLEAN ENERGY COLLECTIVE
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22. 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.
23. 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.
24. 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.
25. 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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