HomeMy WebLinkAbout20152797.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0030, 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 -
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, USR15-0030,
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 D of Recorded Exemption, RECX13-0049; being
part of the NW1/4 of Section 17, Township 3 North,
Range 68 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.
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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 The proposed solar facility
will provide power for United Power.
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 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 proposed solar facility is
adjacent to cropland. An existing dairy facility (approved under
AMUSR-686) is located approximately 1/4 mile east of the site. An
electrical substation facility is located to the north. The nearest residences
are located approximately 1/8 mile to the north and immediately to the
northeast of the subject property. The Department of Planning Services
was contacted by a nearby property owner expressing concerns with
weeds growing on the property. The applicants have provided an e-mail
indicating that they are working with a farmer growing barley on the site to
address the weeds. 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 City of Longmont and the Town of Mead. The City of Longmont
indicated no conflict of interests in the referral response dated,
June 15, 2015. The site is located within the three (3) mile referral area of
the City of Longmont and the Town of Mead. The City of Longmont
indicated no conflict with their interests in their referral dated June 15, 2015.
The Town of Mead recommended approval of the application, encouraged
the applicant to annex to the Town of Mead and requested the applicant to
coordinate a traffic control plan with the Town prior to construction in their
referral dated July 25, 2015.
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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 215 acres delineated
as "Prime" and "Prime If Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Approximately 45 acres of the
site will be covered by the proposed solar facility and upon the termination
of the project the facility will be dismantled and can be returned to
agricultural production.
G. 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, USR15-0030, 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 Highland Ditch
Company, that relate to the prescriptive easement, as stated in the referral
response dated, July 15, 2015. Written evidence of such shall be provided
to the Department of Planning Services.
B. The applicant shall attempt to address the comments of the Town of Mead,
as stated in the referral response dated, July 25, 2015. Written evidence of
such shall be provided to the Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0030.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
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of the Weld County Code.
4) County Road (CR) 34 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 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.
5) Show and label the approved access(es), turning radii, and Access
Permit Number(s).
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) Show a note stating the temporary accesses shall be closed upon
the completion of construction.
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 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.
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).
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(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.
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, CO ORADO
ATTEST: dar44) Cam( �,,,/ , /k-��.c�c►• .. dd40;� Barbara Kirkmeye , Chair
Weld County Clerk to the Board
EXCUSED
,, Mike Freeman, Pro-Tem
BY: A . I__ 6...) - �� _------ m -
De. Clerk to the Boa d , � � a f
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, an P. Conway / 1—
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APP, -O'17�fD AS TB FORM: �; � -j�� c 1 ,
ri -�J ( !+k� ie A. ozad
oar ty Att•rney `'�1� r+
Steve Moreno
Date of signature: g/�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SILICON RANCH CORPORATION
USR15-0030
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0030, 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. 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.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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.
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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.
12. The site shall be maintained to mitigate any impacts to the public road damages and/or
off-site tracking.
13. The historical flow patterns and runoff amounts will be maintained on the site.
14. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
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 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.
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.
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