HomeMy WebLinkAbout20152812.tiff BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross. that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR15-0032
APPLICANT SILICON RANCH CORPORATION
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR 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 FARM) PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A ( AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3992 PART NE4 SECTION 16, T7N, R67W OF THE 6TH
P M WELD COUNTY COLORADO
LOCATION . SOUTH OF AND ADJACENT TO STATE HIGHWAY 14 AND 0 5 MILES EAST
OF STATE HIGHWAY 257
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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
Section 22-2-20 G 2 A Policy 7 2 of the Weld County Code 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.
Section 22-5- 140 5 AE . Policy 1 5 Support the development and use of solar energy
The proposed solar facility will provide power for Poudre Valley REA
B Section 23-2-220.A.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 lots 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 23-2-220 A 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
EXHIBIT
RESOLUTION USR15-0032
SILICON RANCH CORPORATION
PAGE 2
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 Town of Severance and the
Town of Windsor The Town of Windsor municipal limits are located immediately to the north
of this site The Town of Severance in their 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 their referral dated June 16 . indicated no concerns
E Section 23-2-220 A. 5 -- The application complies with Chapter 23, Article V. of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area .
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program
Building Permits issued on the proposed 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 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 23-2-220 .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 Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
A The applicant shall attempt to address the comments of the Town of Severance as stated in
their referral dated June 17 2015 Written evidence of such shall be provided to the
Department of Planning Services. (Town of Severance)
B The map shall be amended to delineate the following .
1 All sheets of the map shall be labeled USR15-0032 (Department of Planning Services) •
2 The attached Development Standards (Department of Planning Services)
RESOLUTION USR15-0032
SILICON RANCH CORPORATION
PAGE 3
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code. (Department of Planning Services)
4 County Road 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 on the map the existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Planning Services - Engineer)
5 Show and label the approved access(es) , turning radii . and access permit number
(AP15-00331 ) on the map (Department of Public Works)
6 Show and label temporary tracking control to be used during construction on the map.
(Department of Planning Services - Engineer)
7 . All recorded easements shall be delineated on the plat by book and page number or
reception number (Department of Planning Services)
8. The site borders State Highway 14 to the north The map shall delineate the existing
right-of-way or (if applicable) the edge of future right-of-way (Department of Planning
Services. Colorado Department of Transportation)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
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 (Department of Planning Services)
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 (Department of Planning Services)
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 of (Group 4) (Group 6 is not acceptable) This digital file may be sent to
mapsAco.weld.co. us. (Department of Planning Services)
5. Prior to Construction.
A If more than 1 acre is to be disturbed . a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
B The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services - Engineer)
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. (Department of Planning Services)
RESOLUTION USR15-0032
SILICON RANCH CORPORATION
PAGE 4
Motion seconded by Bruce Johnson.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 4, 2015.
Dated the 4`h of August, 2015.
L Digitally signed by Kristine
q° alas . 'T Ranslem
Date: 2015.08.06 08:29:59 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Silicon Ranch
USR15-0032
1 . A Site Specific Development Plan and Use by Special Review Permit. USR15-0032 , for 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 Farm) provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts 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 . (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. 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)
4. 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 (Department of Public Health and Environment)
5. 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 (Department of Public Health and Environment)
6. 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)
7 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)
8 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)
9. 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)
10. 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 (Department of Planning Services - Engineer)
11 . The historical flow patterns and runoff amounts will be maintained on the site (Department of Planning
Services - Engineer)
12 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
13_ The site shall be maintained to mitigate any impacts to the public road including damages or off-site
tracking (Department of Planning Services - Engineer)
14 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
RESOLUTION USR15-0032
SILICON RANCH CORPORATION
PAGE 6
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
15. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
16. 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.
17. 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.
18. 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.
19. WELD COUNTY'S RIGHT TO FARM: 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
RESOLUTION USR15-0032
SILICON RANCH CORPORATION
PAGE 7
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.
tel MJ ,J07CS
CS) L-4 I IC
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. August 4, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice
Chair, Jordan Jemiola, at 1 . 30 pm .
Roll Call.
Present Benjamin Hansford. Bruce Sparrow, Jordan Jemiola, Joyce Smock. Nick Berryman . Terry Cross
and Gene Stille.
Absent. Bruce Johnson , Michael Wailes
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services; Wayne Howard,
Department of Planning-Engineering Division: Lauren Light, Department of Health ; Bruce Barker. County
Attorney. and Kris Ranslem, Secretary
Motion: Approve the July 21 . 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford . Seconded by Joyce Smock. Motion passed unanimously.
Motion : Appoint Jordan Jemiola as Chair for Planning Commission , Moved by Benjamin Hansford,
Seconded by Terry Cross Motion passed unanimously
Motion : Appoint Nick Berryman as Vice-Chair for Planning Commission . Moved by Joyce Smock,
Seconded by Benjamin Hansford . Motion passed unanimously.
Bruce Johnson entered the meeting at 1 : 32 pm
CASE NUMBER USR15-0032
APPLICANT- SILICON RANCH CORPORATION
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR 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 FARM) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3992 PART NE4 SECTION 16, T7N. R67W OF THE
6TH P M . , WELD COUNTY COLORADO
LOCATION. SOUTH OF AND ADJACENT TO STATE HIGHWAY 14 AND 0 5 MILES EAST
OF STATE HIGHWAY 257.
Chris Gathman . Planning Services . presented Case USR15-0032 . reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard, Engineering. reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan .
Pete Candelaria stated that this site will have 47 . 500 modules. The facility will generate a total of 4
Megawatts of electricity Troy Spraker, Lamp, Rynearson and Associates. stated that this site is similar to
the previous case. The overall size of the parcel is 74 acres. The foot print of the facility is 27 of the 74
acres and there will be a 7 foot security fence He added that the construction phase will be 3 to 4
months and the operation of the facility will be 20 plus years
EXHIBIT
��- vo3_
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR15-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Terry Cross. Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford . Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola, Joyce Smock,
Nick Berryman . Terry Cross .
Absent: Michael Wailes.
Commissioner Sparrow asked the applicants to look for dryland property in the future.
Meeting adjourned at 2 . 13 pm
Respectfully submitted.
Digitally signed by Kristine
4.3\-1- Ranslem
6611
Date: 2015.08. 17 08:00:03 -06'00'
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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NAME ADDRESS
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