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Home My WebLink About20152811.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0032, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SOLAR ARRAY FARM), 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 IN THE A (AGRICULTURAL) ZONE DISTRICT - 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 26th day of August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Silicon Ranch Corporation, 150 Third Avenue South, Suite 2000, Nashville, TN 37201, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0032, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (solar array farm), 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: Lot B of Recorded Exemption, RE-3992; being part of the NE1/4 of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Troy Spraker, Lamp, Ryneason and Associates, 4715 Innovation Dr., Suite 100, Fort Collins, CO 80525, 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. 2015-2811 PL2364 &! C0.. -Pi_ > Appkc - '% SPECIAL REVIEW PERMIT (USR15-0032) - SILICON RANCH CORPORATION PAGE 2 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 Poudre Valley REA. 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, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (solar array 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 adjacent to agricultural land to the east, west and south. The nearest single-family residences border the site to the southwest and northeast. A platted but undeveloped subdivision (within the Town of Severance) is located to the north across State Highway 14. No phone calls, letters or e-mails have been received from surrounding property owners in regards to this case. The proposed solar facility will generate minimal traffic and noise. The facility will have little to no impact on the surrounding 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. The site is located within the three (3) mile referral area of the Towns of Severance and Windsor. The Town of Windsor municipal limits are located immediately to the north of this site. The Town of Severance, in the referral comments dated June 17, 2015, indicated that the proposed facility is located within a "development node," on their Comprehensive Plan Land Use Map, and can be made compatible with allowed uses in these areas. The Town of Severance would encourage/welcome annexation and development in the Town of Severance. The Town of Windsor, in the referral response dated June 16, 2015, indicated no concerns. 2015-2811 PL2364 SPECIAL REVIEW PERMIT (USR15-0032) - SILICON RANCH CORPORATION PAGE 3 E. 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. 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 73-acres on land designated as "Prime," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site will cover a portion of the property (24 acres) and upon the termination of the project, the facility will be dismantled and can be returned to agricultural production. 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), 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 Silicon Ranch Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0032, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (solar array farm), 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 attempt to address the comments of the Town of Severance, as stated in the referral response, dated June 17, 2015. Written evidence of such shall be provided to the Department of Planning Services. B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR15-0032. 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) County Road (CR) 80.5 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 2015-2811 PL2364 SPECIAL REVIEW PERMIT (USR15-0032) - SILICON RANCH CORPORATION PAGE 4 from the edge of future right-of-way. This road is maintained by Weld County. 5) Show and label the approved access(es), turning radii, and Access Permit Number (AP#15-00331). 6) Show and label temporary tracking control to be used during construction. 7) All recorded easements shall be delineated by book and page number or reception number. 8) The site borders State Highway 14 to the north. Delineate the existing right-of-way or (if applicable) the edge of future right-of-way. 9) Delineate the approved landscaping/screening. Landscaping/ screening shall include, at a minimum, decorative fencing, berming, and/or vegitation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights-of-way. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County Department of Planning Services for preliminary approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. 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. 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. 2015-2811 PL2364 SPECIAL REVIEW PERMIT (USR15-0032) - SILICON RANCH CORPORATION PAGE 5 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on-site construction. 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. 7. 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 time frames or milestones after termination of operations for restoring the property to its condition which existed prior to commencement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: darAik) Cam( ��/`d,,- �r '""""'•� Barbara Kirkmey r, Chair Weld County Clerk to the Board EXCUSED Mike Freeman, Pro-Tem BY: —.- D ty Clerk to the :,oard ;�-� f E L ��`n P. Conway AP ZGf. PROV AS T'� f7F j �r;;`� �_—� 361 f ►�, _ A. ' ozad o my Attorney ® Date of signature: 9/ � U 'S ve Moreno 2015-2811 PL2364 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SILICON RANCH CORPORATION USR15-0032 1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0032, is for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (solar array farm) 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. The property owner or operator shall provide written evidence of an 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. 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. 5. 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. 6. 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. 7. 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 1 of the Weld County Code. 8. 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. 9. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 10. 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. 2015-2811 PL2364 DEVELOPMENT STANDARDS (USR15-0032) - SILICON RANCH CORPORATION PAGE 2 11. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. i 12. The historical flow patterns and runoff amounts will be maintained on the site. 13. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. 14. The site shall be maintained to mitigate any impacts to the public road including damages or off-site tracking. 15. 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 2011 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. 16. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 17. 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. 18. 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. 19. 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. 20. 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. 2015-2811 PL2364 Hello