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I-1 I-2 I-3 CO PL AV DIA
P-U-D(P) P-U-D
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A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5
I-1 I-2 I-3 CO PL AV DIA
P-U-D(P) P-U-D
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I-1 I-2 I-3 CO PL AV DIA
P-U-D(P) P-U-D
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± For display purposes only.
Victory Solar Project RCU2016-00006
Planning Commission April 14, 2016 CASE No.: RCU2016-00006 CASE
NAME: Victory Solar Project Owner’s Name: Intermountain Rural
Electric Association (IREA)
Applicant's Name: Victory Solar LLC (Juwi Inc.)
Applicant's Address: 1710 29th Street, Suite 1068, Boulder CO
80301
Location of Request: Southwest corner of E 56th Avenue &
Converse Road Nature of Request: A conditional use permit to allow
a major energy facility (solar
project) in an A-3 zone district. Zone District: Agriculture-3
(A-3) Comprehensive Plan: Agriculture Site Size: 152.255 acres
Proposed Use: Major Energy Facility (solar project) Existing Use:
Vacant
Hearing Date(s): PC: April 14, 2016 / 6:00 p.m.
BOCC: May 10, 2016 /10:00 a.m.
Report Date: March 24, 2016
Case Manager: Christopher C. La Rue Staff Recommendation: APPROVAL
with 8 Findings-of-Fact and 4 Conditions
SUMMARY OF APPLICATION Background Victory Solar LLC, a subsidiary
of Juwi Inc., is requesting a conditional use permit to build a
solar project on land owned by Intermountain Rural Electric
Association (IREA). The development would be adjacent to the
IREA-owned Victory Substation (located on the southwest corner of E
56th Ave & Converse Road). Electricity generated from the
project would be connected directly to the adjacent substation, and
would have the capacity to produce 12.8 megawatts of power. The
property is approximately 152 acres and currently vacant. The
proposed conditional use permit will cover 110 acres of the overall
site. The applicant and IREA have a 35 year agreement of allowing
the property to be used as a solar project for the duration. Access
to the site will be
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
2
from East 56th Avenue, which is located on the north side of the
property. According to the applicant, approximately 48,000 solar
panels will be installed on the property. In addition, he project
is a larger utility-scale solar facility that will provide power
directly to the IREA. Site Characteristics: The property is located
on the southwest corner of East 56th Avenue and Converse Road.
Surrounding land uses mostly consist of agricultural uses. There
are single family homes on the property to the west and northwest
of the subject site. Both of the homes are located approximately
one and a half miles away. Majority of the immediate surrounding
area are zoned A-3. The property to the northeast of the site is
zoned A-1, however, is currently used as an electrical substation.
This substation was approved by the Board of County Commissioners
in 2008 (Case PRJ2008-00016). Approval of the substation allowed
the property to be developed as an Area and Activity of State
Interest permit to allow operation of a major facility of a public
utility. The subject request is located approximately five miles
east of Front Range Airport and approximately ten miles east of
Denver International Airport (DIA). Development Standards and
Regulations Requirements Per Section 3-07-01 of the Adams County
Development Standards and Regulations, a conditional use permit is
required for a “major energy facility” use in the A-3 zone
district. In addition, Section 4-03-03-02-10 of the County’s
Development Standards and Regulations outline performance standards
for development of a major energy facility. The performance
standards include height and setbacks requirements. In accordance
with the performance standards, the maximum allowable height of
solar panels is 15 feet. According to the applicant, the proposed
solar panels will not exceed seven feet in height. In addition, the
proposed panels will be required to conform to all setback
requirements of the A-3 zone district, which include a 50 foot
front setback, a 10 foot side setback, and a 20 foot rear setback.
The applicant’s site plan will need to reflect the appropriate
setbacks. No landscaping is proposed for the development of the
site. The site and surrounding area are rural in nature and
sparsely vegetated. A site plan provided with the application shows
a seven- foot high chain link fence to be constructed around the
perimeter of the development. According to the applicant, the
decision to construct a chain link fence is consistent with a
preference of the neighboring property owners who wish to be able
to see into the site. The applicant also asserts that because the
subject development is contiguous to an existing substation and
Front Range Airport communications equipment, both of which are
surrounded by chain link fences, the proposed request to construct
a chain link fence on the perimeter of the subject property will
not be out of character with surrounding properties. The area is
agricultural and rural in nature and will remain that way for the
foreseeable future. Future Land Use Designation/Goals of the
Comp-Plan for the Area The Comprehensive Plan designates the
subject site and surrounding area as Agricultural. Per Chapter 5 of
the Adams County Comprehensive Plan, agricultural areas are those
that are not expected to develop, except for limited areas of very
low density residential at densities of 1
3
dwelling per 35 acres. In addition, the agriculture areas
designations are those that are typically characterized by a lack
of urban services. Installing solar panels on the property will not
be detrimental or impede the goals of the Comprehensive Plan
designation of Agricultural on the property or surrounding areas.
The solar panels would not cause a long term negative impact to
future development or hamper growth of the surrounding area. The
facility would generate clean energy without any noise, odor, or
other negative externalities. Using the site for a major energy
facility will not be detrimental to development of adjacent
properties. Overall, there is diminimus maintainance operation
required for the solar facility. Daily operations of the site are
fully automated and do not require staff on site. Energy production
from the site is monitored by the company daily to ensure the
facility is operating at expected levels, and planned maintenance
may occur only once a week. There is no substantial increase in
traffic attributable to the request. The area surrounding the site
is not expected to be substantially developed during tenure of the
solar project, and there would be no permanent impact as a result
of this development. Surrounding Zoning Designations and Existing
Use Activity:
Northwest A-3
Southeast A-3
Agriculture Compatibility with the Surrounding Land Uses: Most of
the area surrounding to the site is comprised of agricultural and
limited residential uses. The subject request will be compatible
with the surrounding area. There are no substantial negative
off-site impacts associated with the subject development. In
addition, beside initial construction of the site, there will be no
increase in traffic, pollution, noise, or lighting with the subject
development. There is no proposed parking, signage, traffic, or
lighting associated with this request. The proposed solar panels
will be located at least half a mile from the nearest residential
uses. The applicant met with neighboring homeowners on, and none of
the homeowners expressed concerns with development of the site as
solar garden. Staff Recommendations: It is staff’s determination
that the request is consistent with the surrounding area, and will
not be detrimental to the development of surrounding property or
future growth of the area. Based upon
4
the application and the criteria for approving a conditional use
permit, staff recommends Approval of this request with 8
findings-of-fact and 4 conditions. Findings of fact:
1. The conditional use is permitted in the applicable zone
district.
2. The conditional use is consistent with the purposes of these
standards and regulations.
3. The conditional use will comply with the requirements of these
standards and regulations, including but not limited to, all
applicable performance standards.
4. The conditional use is compatible with the surrounding area,
harmonious with the
character of the neighborhood, not detrimental to the immediate
area, not detrimental to the future development of the area, and
not detrimental to the health, safety, or welfare of the
inhabitants of the area and the County.
5. The conditional use permit has addressed all off-site
impacts.
6. The site is suitable for the proposed conditional use including
adequate usable space,
adequate access, and absence of environmental constraints.
7. The site plan for the proposed conditional use will provide the
most convenient and functional use of the lot including the parking
scheme, traffic circulation, open space, fencing, screening,
landscaping, signage, and lighting.
8. Sewer, water, storm water drainage, fire protection, police
protection, and roads are to be
available and adequate to serve the needs of the conditional use as
designed and proposed.
Recommended Conditions of Approval:
1. This conditional use permit shall expire on May 10, 2051. 2. No
landscaping or screen fencing shall be required with development of
the project. 3. The solar panels on-site shall be removed when the
conditional use permit expires, unless
an extension or renewal is granted by the Board of County
Commissioners. 4. All construction trailers utilized as part of
this project shall obtain either a Temporary Use
Permit or Special Use Permit, consistent with requirement of the
County’s Development Standards and Regulations.
PUBLIC COMMENTS
10 0
5
Staff did not receive any public comments from people regarding
this request. According to the applicant, he met a with property
owners surrounding the site. However, no one expressed concerns
with the proposed development of the site.
COUNTY AGENCY COMMENTS Adams County Building Safety Division:
Building permits with engineered plans will be required for
construction. Adams County Code Compliance: No comments. Adams
County Environmental Analyst: No environmental concerns were noted
regarding this development, as the applicant conducted a survey of
biological resources and a Phase I Environmental Site Assessment on
the property. There were neither special status species present on
the property nor any Recognized Environmental Conditions found.
Additionally, the applicant has designed their project to avoid the
small wetland in the northeast corner of the parcel. Adams County
Parks & Community Resources Department: No comments. Adams
County Sheriff’s Office: No comments Adams County Development
Services Engineering Development Services Engineering reviewed the
request and stated the site is not impacted by a floodplain. In
addition, the project site is not within the County's MS4
Stormwater Permit area. Erosion and sediment control BMPs are
required on the site. Further, the applicant shall be responsible
to ensure compliance with all Federal, State, and Local water
quality construction requirements. Adams County Development
Services Right-of-Way The Adams County Development Review
right-of-way staff reviewed the request and commented that seventy
feet of right-of-way will be required along East 56th Avenue and 30
feet of right-of-way would be required along Converse Road. The
right-of-way for Converse Road had never previously been deeded to
Adams County, although the roadway had been created in a historic
road petition. Adams County Finance No concerns were noted. Adams
County Treasurer’s Office No concerns were noted.
6
REFERRAL AGENCY COMMENTS
Responding with Concerns: None Responding without Concerns: CDOT
DIA FAA IREA Xcel Energy Notified but not Responding / Considered a
Favorable Response: Bennett Fire District Bennett Park &
Recreation District Bennett School District 29J CDPHE Century Link
Colorado Division of Wildlife Comcast Front Range Airport Metro
Wastewater Reclamation Town of Bennett RTD Urban Drainage and Flood
Control
Exhibits Table of Contents Exhibit 1- Maps
1.1 Zoning Map 1.2 Aerial Map 1.3 Notice area Map 1.4 Future Land
Use Map
Exhibit 2- Applicant Information 2.1 Applicant Written
Explanation
2.2 Applicant Site Plan Exhibit 3- Referral Comments
3.1 Development Review Team Comments (Planning, Engineering,
Right-of-Way, Building Safety, and Parks).
3.2 Adams County Environmental Analyst 3.3 Adams County Treasurer’s
Office 3.4 Adams County Finance
7
3.5 DIA 3.6 CDOT 3.7 IREA 3.8 Xcel Energy Exhibit 4- Citizen
Comments None. Exhibit 5- Associated Case Materials 5.1 Certificate
of Posting 5.2 Public Hearing Notice/ Request for Comments 5.3
Property Owner Labels
5.4 Referral Labels
To: Planning Commission From: Christopher C. LaRue, Senior Planner
Subject: RCU2016-00006, Victory Solar Project Date: April 14,
2016
ALTERNATIVE RECOMMENDED FINDINGS OF FACT
If the Planning Commissioner does not concur with the Staff
recommendation of Approval, the following findings may be adopted
as part of a decision of Denial:
1. The conditional use is not permitted in the applicable zone
district.
2. The conditional use is not consistent with the purposes of these
standards and regulations.
3. The conditional use will not comply with the requirements of
these standards and
regulations including, but not limited to, all applicable
performance standards.
4. The conditional use is not compatible with the surrounding area,
not harmonious with the character of the neighborhood, would be
detrimental to the immediate area, would be detrimental to the
future development of the area, and would be detrimental to the
health, safety, or welfare of the inhabitants of the area and the
County.
5. The conditional use permit has not addressed all off-site
impacts.
6. The site is not suitable for the conditional use including
adequate usable space, adequate access, and absence of
environmental constraints.
7. The site plan for the proposed conditional use will not provide
the most convenient
and functional use of the lot including the parking scheme, traffic
circulation, open space, fencing, screening, landscaping, signage,
and lighting.
8. Sewer, water, storm water drainage, fire protection, police
protection, and roads are
not available and adequate to serve the needs of the conditional
use as designed and proposed.
Victory Solar LLC
For Adams County
3. Application Fee (Submittal Item M) (Attached)
4. Conceptual Review Meeting Summary Letter (Attached)
5. Neighborhood Meeting Summary (Mailing Labels Attached). The
closest residence to the site is located approximately .3 mile to
the east. Two other residences are located to the west at a similar
distance (.35 mile). The Company has met with the owners of these
residences and has incorporated their recommendations in the
Project design. No other residences are located within .5 mile of
the Project. In addition, letters were mailed to property owners on
January 15, 2016 notifying them of the project and providing
contact information for any questions about the project. Per the
pre-application meeting, Adams County determined a public meeting
was not necessary.
6. Certificate of Taxes Paid (Attached) A Receipt of Tax Payment by
previous owner Randy J. Taylor from April 27, 2015 is attached as
part of this CUP application. Also attached is the Statement of
Taxes Due as of January 14, 2016. The current property owner and
applicant IREA will pay the taxes due prior to the Planning
Commission Public Meeting. The parcel is currently owned by IREA,
as confirmed in the Title Commitment provided under Item 7. Proof
of Ownership.
7. Proof of Ownership (Attached) The Title Commitment for the
property is included electronically on the flash drive provided to
Adams County with this CUP application. Per discussions with Chris
LaRue, a printed copy of the 128-page Title Commitment is not
included.
8. Proof of Water and Sewer Service. Water, sewer, well and/or
septic service are not required for this facility, as it will be
unoccupied on a day-to-day basis once fully operational. Sewage
disposal during construction will be contractor provided by on-site
portable toilets with routine off-site disposal.
9. Tri-County Health Department review. Review of previous solar
projects in the county indicated that Tri-County Health determined
no permanent septic system is necessary for an unmanned solar
facility. Consequently, Company is assuming that no permanent
municipal or county water or sewer service will be needed at the
site as these items are not required for daily operation of the
Project, which will be unoccupied during daily operation. There is
currently no permanent water or sewer at the site. Company or
Company's general contractor will provide adequate and portable
potable water, construction water and sanitary facilities during
on-site construction activities; proof of which will be furnished
during the construction permit phase. Per correspondence with Chris
LaRue, no check for this will be required.
10. Soil and Geologic Reports. As described in the attached report,
the site is suitable for use as a solar energy facility and no
unusual design challenges occur on the site. (Attached)
11. Preliminary Drainage Studies. Not applicable, as the project
will not result in the installation of more than 3,000 feet of
impervious surface.
The site grading will be designed to preserve the pre-development
drainage pattern as much as possible. The stormwater runoffs under
the post-development condition will not be concentrated at the
outlet points.
3
For solar project developments where there are no significant
changes to the drainage pattern and no paved (impervious) access
roads being proposed, typically any change to stormwater runoff
after the installation of solar panels is considered to be
nominal.
12. Proof of Utility Services. Utility services are not required
for this facility as it will be unoccupied on a day-to- day basis
once fully operational. Electric power generated by the solar
facility will be distributed by IREA. The IREA Board Resolution
authorizing and affirming the agreement between IREA and Victory
Solar LLC is included as an attachment to this CUP
application.
13. Certified boundary survey or Improvement Location Certificate
(ILC) for the subject property. (Attached)
14. Site Plan. (Attached)
The 5-mile context map, vicinity map, and site plan shows the
layout of the Project, including solar panels, setbacks, and access
points, as well as staging and parking areas for
construction.
15. Submittal Item C – Project Description
Project Overview
The Intermountain Rural Electric Association (“IREA”) has
identified a need for a new solar electricity generating facility
to meet its electricity requirements. IREA has selected juwi Inc.,
a local Colorado solar facility development and construction
company to design, build, and operate a solar facility for this
purpose.
Victory Solar LLC (the “Company”), a subsidiary of juwi Inc., is
seeking a conditional use permit to build the Victory Solar Project
(the “Project”) on land owned by the Intermountain Rural Electric
Association. The Project would be adjacent to the IREA owned
Victory Substation, and would be located on Parcel Number
0181516100002, which is located at the Southwest corner of East
56th Ave and North Converse Road, in Adams County, CO. Electricity
from the project would be interconnected directly to the adjacent
Victory Substation.
The local economic impact is anticipated to be approximately $1
million in local development and construction phase spending on
wages, services, and supplies. Annual operation and maintenance
spending will be approximately $100,000, and will include local
services contracts.
The Project would utilize approximately 110 acres of land, and
would have the capacity to produce approximately 12.8 Megawatts AC
of power. The land would be used solely for the purposes of the
solar project. An agreement between IREA and the Project has been
signed, which provides for a maximum expected facility life of 35
years. A copy of the IREA Board Resolution evidencing this
agreement has been included as an attachment to this application. A
site location map is included with this CUP application as an
attachment. The following material outlines pertinent criteria to
be considered regarding the Project.
A. The conditional use is permitted in the applicable zone
district. The parcel is currently owned by IREA, and is zoned for
agricultural use, A-3. A solar energy facility is defined as a
conditional use in the Adams County Zone District Regulations. The
site is compatible with adjacent land uses and its location next to
the IREA Substation at the Southwest corner of East 56th Ave and
North Converse Road makes it an ideal location for a solar energy
facility. The Project will be designed and constructed to be
compatible with the surrounding area. The Project site is currently
vacant.
4
B. The conditional use is consistent with the purposes of these
standards and regulations. The Project will be designed and
constructed in accordance with all applicable zoning requirements
and building codes, and in compliance with the requirements and
conditions of the CUP issued by Adams County. The Project meets the
minimum lot size, setback, and height requirements.
C. The conditional use will comply with the requirements of these
standards and regulations including, but
not limited to, all applicable performance standards. The Company
will ensure that any and all applicable performance standards are
met. High voltage power lines currently run along the west side of
North Converse Road, directly adjacent to the Project, and connect
to the IREA substation. These structures have a height of
approximately 60’. The solar farm would be located adjacent to the
current electrical substation, and adjacent to the existing high
voltage power lines. The maximum height of the solar arrays would
be approximately 7’ above the ground surface, presenting a lower
height profile than the existing structures associated with the
substation and high voltage power lines. A 7’ high fence will be
installed around the boundary of the Project site for safety
purposes. Adjacent landowners have expressed a strong preference
for a fence that is “see-through,” rather than an opaque fence that
obstructs their views. Therefore, a chain link fence is proposed to
meet the neighbor’s preferences, the need for site security, and
for public safety around the electrical equipment. FIRM Panel #
08001C0715H and #08001C0720H indicate that the parcel is not in a
special flood hazard area. Therefore, a floodplain use permit is
not required. In addition, the project site is not in a MS4 Permit
area. Erosion and sediment control will be accomplished through the
application of Best Management Practices (BMPs).
The Project does not involve more than 3,000 square feet of
impervious surface. Therefore, a drainage analysis and report has
not been completed, in accordance with guidance from Adams
County.
D. The conditional use is compatible with the surrounding area,
harmonious with the character of the neighborhood, not detrimental
to the immediate area, not detrimental to the future development of
the area, and not detrimental to the health, safety, or welfare of
the inhabitants of the area and the County. The conditional use
will not result in excessive traffic generation, noise, vibration,
dust, glare, heat, smoke, fumes, gas, odors, or inappropriate hours
of operation. An average of 75 workers is expected to be on-site
during the 5 month construction period. Once operating, the
facility will be unmanned. After construction is completed and the
solar facility is operating, its performance will be tracked
through sophisticated data acquisition equipment that tracks
production and allows remote system monitoring. The Project will
require only periodic maintenance visits with a normal passenger
vehicle. The long term operation and maintenance of the facility
will be conducted in a clean and safe manner. Water, sewer, septic
and other utility services are not required for this facility, as
it will be unoccupied on a day-to-day basis once fully operational.
Operation of the facility would generate approximately 1 vehicle
visit per week for maintenance purposes. Once operating, the solar
energy production will be virtually silent, and it will produce no
emissions, smoke, fumes, or odors. The photovoltaic panels are
specifically designed to absorb light (thus generating
electricity), rather than reflecting light. Thus, this facility is
not expected to pose issues related to glare. The Project will be
built on the existing ground surface, and grading on the site will
be kept to a minimum, thus avoiding dust issues. A native low
growth seed mix will also be utilized to revegetate any areas
disturbed during
5
construction, including areas under the solar arrays. This will
further mitigate potential dust generation concerns during the
operational phase of the project. There will be no lighting that is
left on to run during nighttime hours, and there will be no
lighting on the perimeter of the facility or to illuminate the
arrays. Certain areas, such as the O&M storage shed, and the
driveway access points will have lighting capabilities in the event
that emergency nighttime maintenance is required. Thus, under
normal conditions, there will be no lighting at the facility during
nighttime hours. The closest residence to the site is located
approximately .3 mile to the east. Two other residences are located
to the west at a similar distance (.35 mile). The Company has met
with the owners of these residences and has incorporated their
recommendations in the Project design. No other residences are
located within .5 mile of the Project. A site context map is
included with this CUP application as an attachment.
E. The conditional use permit has addressed all off-site impacts.
The Project is not expected to produce significant off-site
impacts. During normal operations, the Project will not produce any
pollution, noise, emissions, or heavy traffic. Off-site impacts
during the construction phase of the project will be primarily due
to construction traffic, which would last approximately 5 months.
The Project is approximately four miles east of the Front Range
Airport. A Determination of No Hazard to air navigation has been
issued by the Federal Aviation Administration (FAA) for the
Project. This analysis performed by the FAA considered all relevant
local airport facilities, and deemed the Project to pose no hazard.
The Project is not located in Important Farmlands and there are no
other resources mapped in the vicinity of the site.
F. The site is suitable for the conditional use including adequate
usable space, adequate access, and
absence of environmental constraints. Environmental studies and
surveys have been completed for the Project site. A survey of
biological resources was performed, which resulted in a
determination that no sensitive or special status species or
wildlife habitat was present on the site. Available mapping does
not indicate any occurrence of sensitive or special status species
on the site and none were observed during site survey.
Additionally, no raptor nests or active prairie dog colonies were
observed on or nearby the site. The closest trees to the proposed
project area are located on private property 0.41 miles west and
0.28 miles east of the Project. No raptor nests were observed in
trees on either of these properties or on the electric utility
lines adjacent to the site. A driving survey of roads in the
vicinity of the site also did not identify any raptor nests. Due to
the lack of any significant wildlife habitat on the site or in the
vicinity of the site, development and use of the site for solar
energy production would not be expected to result in any conflicts
with sensitive or significant wildlife species or their habitats. A
file search was conducted to determine if any recorded cultural
resources were located on or adjacent to the site. No sites or
cultural resources were identified. A review of the Federal
Emergency Management Agency (FEMA) maps for the Project area
confirms that the Project is not located within the floodplain.
FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel
is not in a special flood hazard area. Therefore, a floodplain use
permit is not required. This is supported by the engineering review
conducted by the County prior to submittal of this
application.
6
A Phase I Environmental Site Assessment was conducted for the
project site. The Phase I assessment revealed no evidence of
Recognized Environmental Conditions (RECs), Controlled RECs, or
Historical RECs in connection with the property. A site
investigation was conducted to identify the occurrence of wetlands
on the site. A very small wetland of 0.018 acres was identified in
the northeast corner of the site, near the existing substation. The
Project has been designed to avoid this small feature. This wetland
will not be disturbed by project construction or operation and no
other wetlands were identified on the site. Portions of two low
lying areas located on the site may be considered a potential Water
of the U.S. (WOTUS). As such, the project has been designed to
avoid these features, and any impact to potential WOTUS will be
less than 1/10 of one acre. Thus, the project will not require a
Section 404 permit.
G. The site plan for the proposed conditional use will provide the
most convenient and functional use of the lot including the parking
scheme, traffic circulation, open space, fencing, screening,
landscaping, signage, and lighting. A preliminary site plan for the
Victory Solar Project is attached to this submittal package. The
solar facility and photovoltaic (PV) equipment will be designed for
an operational life of 35 years, and will utilize the highest
quality materials and components to ensure robust performance. The
technology employed will feature crystalline silicon solar modules,
mounted on single-axis tracking arrays, which will be connected to
central inverters, converting power from Direct Current to
Alternating Current. The company has deployed the same technology
in numerous projects across 10 states, and is well suited to
construct this facility. The PV technology proposed for
installation will be of industry standard and is designed to
achieve a high level of performance. The tracking arrays will
follow the sun; facing east in the morning, laying flat at noon,
and facing west in the afternoon. The solar modules utilized to
generate power are supported by steel racking and steel posts,
which are embedded into the ground. Additional equipment involved
in the Project will be constructed on gravel areas or foundations.
The solar modules will be electrically linked in units to
inverter/transformer power stations, each on a concrete foundation.
Both the Project and IREA will construct interconnection
infrastructure near the northeast corner of the project area on a
gravel surface, in accordance with prudent utility practices. juwi
specifically designs solar facilities to maximize the available
flat land located on a project site. There is a slight topographic
depression in the western portion of the site, which the facility
has thus been designed to avoid. By avoiding this area, the Project
can further minimize the earthwork and grading needed for arranging
the solar arrays in parallel. A single-story permanent Operations
and Maintenance (O&M) storage shed will be constructed to store
materials and equipment. It will be approximately 600 square feet
in size and will have a concrete foundation. The building will be
utilized to store PV facility replacement parts and spare
materials. The building will be unoccupied; as a result it will not
be sprinkled and will not be insulated. No parking lots will be
required for this unmanned facility. As described under D. above,
there will be no lighting left on at the facility during nighttime
hours. In order to minimize dust generation and weeds, the site
will be revegetated following construction using a native seed mix.
No additional landscape treatment is proposed. This would be in
keeping with the current high voltage power lines which run
adjacent to the site and North Converse Road, and with the Victory
Substation, which do not have landscaping currently installed.
However, if surrounding land uses
7
change and water utilities are extended to the property, a
landscaping plan will be provided and landscaping will be installed
at that time along 56th Avenue and Converse Road. A strip of land
70' in width along the north property line will be dedicated for
Right-of-way for E. 56th Avenue. A strip of land 40' in width along
the east property line will be dedicated for Right-of-way for
Converse Road. This reflects comments received from Adams County
regarding necessary right-of-way dedications. Guidance from Adams
County stipulates that setbacks of 120’ are required along E 56th
Avenue, and North Converse Road. The Project will adhere to all
applicable setback requirements, and will meet or exceed all
setback footages. Two access points are proposed off of 56th Ave,
1,700 feet apart. Two access points are necessary in order to avoid
constructing in the low-lying drainage that runs south to north on
the property. Access off of North Converse Road is not proposed in
order to avoid potential conflicts with the high voltage power
lines and construction equipment. High voltage power lines
currently run the length of the eastern border of the site,
parallel to North Converse Road, providing no suitable and safe
construction access for the solar project off of North Converse
Road. Access points would be in compliance with street standards
and driveway separation.
H. Sewer, water, storm water drainage, fire protection, police
protection, and roads are to be available and adequate to serve the
needs of the conditional use as designated and proposed. The
unmanned solar facility will not require an onsite water supply.
Potable water will be brought to the site for all individuals
onsite during the construction phase of the project. Should any
additional water be needed during the construction phase of the
Project, it will be supplied from an offsite source. It is expected
that natural rain and snow will provide for solar panel washing
during the operation of the Project. In addition, no permanent
sanitary facilities or septic system will be required for the
project. Portable sanitary facilities will be provided for the
construction of the project.
I. Submittal Items J and K, Regarding Minerals Pursuant to C.R.S.
24-65.5-103(1)(A) and (B), Victory Solar LLC has searched the Adams
County tax assessor’s records for mineral estate owners as well as
the clerk and recorder’s office for any mineral owner’s request for
notification for any impacts to the property to be developed.
Although no mineral estate owner was identified pursuant to the
search requirements set forth by the State of Colorado,
notification certification required under Adams County CUP
Submittal item J identifies searches to include the records of the
clerk and recorder’s office and is not specifically limited to
identifying mineral estate owners requests for notification.
Victory Solar LLC has conducted a search of records of the Adams
County Clerk and Recorder and has identified the State of Colorado
as the sole mineral estate owner. Submittal Item J requires
notification “which is not less than thirty days before the initial
public hearing.” As a public hearing has not yet been scheduled,
Company is unable to complete Item J. Victory Solar LLC will make
reasonable efforts to notify the State of Colorado through the
State Land Board within thirty (30) days of the initial application
hearing date, and will provide Item J at that time.
16. Rezoning. A complete application for rezoning is not
applicable, as the proposed uses in the Conditional Use Permit
application are consistent with the underlying Zone District. The
parcel is agriculturally zoned as A-3. Based
8
upon a review of previous solar farm projects in Adams County,
which were considered Major Energy Facilities, A-3 has been a
suitable zoning district for this use. The Project will be designed
and constructed in accordance with all applicable zoning
requirements and building codes, and in compliance with the
requirements and conditions of the CUP issued by Adams
County.
17. This application is not for a solid waste transfer station,
thus materials outlined on Submittal Item E are not
applicable.
18. This application is not for a solid waste composting facility,
thus materials outlined on Submittal Item F are not
applicable.
19. This application is not for a scrap tire recycling facility,
thus materials outlined on Submittal Item G are not
applicable.
20. This application is not for inert fill, thus materials outlined
on Submittal Item H are not applicable.
21. Applicant Feedback Survey Form (Submittal Item D)
22. Traffic Impact Study. A traffic impact study is not required
for this project, as the facility will not generate more than 20
vehicles per day throughout operations. This was affirmed at the
pre-application meeting.
23. Legal Description PARCEL: Intermountain Rural Electric
Association (IREA) The Northeast 1/4 of Section 16, Township 3
South, Range 63 West of the 6th P.M. SECT,TWN,RNG:16-3-63 DESC:
PARC OF LAND IN SEC 16 DESC AS FOLS BEG AT SD N4 COR OF SEC 16 TH N
88D 46M 45S E 2135/54 FT TH S 00D 27M 40S E 497 FT TH N 88D 46M 45S
E 497 FT TO A PT ON THE E LN OF SD NE4 OF SEC 16 TH S 00D 27M 40S E
985/26 FT TH S 89D 32M 12S W 465/84 FT TH S 00D 42M 54S E 199/99 FT
TH N 89D 32M 17S E 464/95 FT TO A PT ON THE E LN OF SD NE4 OF SEC
16 TH S 00D 27M 40S E 963/65 FT TO THE S LN OF SD NE4 OF SEC 16 TH
S 88D 37M 14S W 2631/01 FT TO THE W LN OF SD NE4 OF SEC 16 TH N 00D
29M 47S W 2653/17 FT TO THE POB EXC RD (REC NO 2008000075263)
151/4085A 24. Recorded Copy of the Certification of Notice to
Mineral Estate Owners (Submittal Item J) – per item 15.I above,
Submittal Item J will be completed once the initial public hearing
is scheduled, and within 30 days of that public hearing).
25. Recorded copy of the Certification concerning Qualifying
Surface Development (Submittal Item K) – per item 15.I above,
Submittal Item K will be completed once the initial public hearing
is scheduled, and within 30 days of that public hearing).
26. Recorded copy of the Certification concerning Qualifying
Surface Development (Submittal Item L) – per item 15.I above,
Submittal Item L will be completed once the initial public hearing
is scheduled, and within 30 days of that public hearing).
Other Items
A. Building Permit Requirements
Construction will comply with the 2012 International Building Code
and the 2014 National Electrical Code. The Company will submit
engineered drawings for review and approval of building permits.
The Company will obtain
9
and review the commercial submittal check list for building
permits. The Company will comply with building permit requirements
when submitting for the building permit.
B. IREA Board Resolution for agreement with juwi (Attached)
C. FAA Determination (Attached)
A Determination of No Hazard to Air Navigation has been issued by
the Federal Aviation Administration (FAA) for the Project. This
analysis performed by the FAA considered all relevant local airport
facilities, and deemed the Project to pose no hazard.
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This site is subject to access authorization and control
procedures
Solar Photovoltaic Generation Facility
N. CONVERSE RD.
ADAMS COUNTY, CO
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FENCE SAFETY SIGNS
NOTES:
1. FENCE WILL BE GALVANIZED CHAIN LINK WITH 2" MESH, 9 GAGE.
E 56Th Ave
R63W
0 1000 ft 0 300 mL O G A N S I M P S O N
Adams County, Colorado NAD 1983, UTM Zone 13
Key Project site Transmission line
Source: USGS 7.5' Topographic Quadrangles:
Intermountain REA Substation
Project Site Context
Aeronautical Study No. 2015-ANM-3418-OE
Page 1 of 3
Issued Date: 01/07/2016
Planning and Development juwi Inc. 1710 29th St, Suite 1068
Boulder, CO 80302
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical
study under the provisions of 49 U.S.C., Section 44718 and if
applicable Title 14 of the Code of Federal Regulations, part 77,
concerning:
Structure: Solar Panel Victory Solar Location: Bennett, CO
Latitude: 39-47-43.00N NAD 83 Longitude: 104-26-11.00W Heights:
5408 feet site elevation (SE)
9 feet above ground level (AGL) 5417 feet above mean sea level
(AMSL)
This aeronautical study revealed that the structure does not exceed
obstruction standards and would not be a hazard to air navigation
provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction
or Alteration, be e-filed any time the project is abandoned
or:
_____ At least 10 days prior to start of construction (7460-2, Part
1) __X__ Within 5 days after the construction reaches its greatest
height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary
for aviation safety. However, if marking/ lighting are accomplished
on a voluntary basis, we recommend it be installed and maintained
in accordance with FAA Advisory circular 70/7460-1 L.
This determination expires on 07/07/2017 unless:
(a) the construction is started (not necessarily completed) and FAA
Form 7460-2, Notice of Actual Construction or Alteration, is
received by this office.
(b) extended, revised, or terminated by the issuing office. (c) the
construction is subject to the licensing authority of the Federal
Communications Commission
(FCC) and an application for a construction permit has been filed,
as required by the FCC, within 6 months of the date of this
determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date
the FCC denies the application.
Page 2 of 3
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS
DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE
AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL
CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE
EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description
which includes specific coordinates , heights, frequency(ies) and
power . Any changes in coordinates , heights, and frequencies or
use of greater power will void this determination. Any future
construction or alteration , including increase to heights, power,
or the addition of other transmitters, requires separate notice to
the FAA.
This determination does include temporary construction equipment
such as cranes, derricks, etc., which may be used during actual
construction of the structure. However, this equipment shall not
exceed the overall heights as indicated above. Equipment which has
a height greater than the studied structure requires separate
notice to the FAA.
This determination concerns the effect of this structure on the
safe and efficient use of navigable airspace by aircraft and does
not relieve the sponsor of compliance responsibilities relating to
any law, ordinance, or regulation of any Federal, State, or local
government body.
Any failure or malfunction that lasts more than thirty (30) minutes
and affects a top light or flashing obstruction light, regardless
of its position, should be reported immediately to (877) 487-6867
so a Notice to Airmen (NOTAM) can be issued. As soon as the normal
operation is restored, notify the same number.
If we can be of further assistance, please contact our office at
(816) 329-2508. On any future correspondence concerning this
matter, please refer to Aeronautical Study Number
2015-ANM-3418-OE.
Signature Control No: 271471425-277104492 ( DNE ) Vee Stewart
Specialist
Attachment(s) Map(s)
From: Phil Armstrong To: Chris LaRue Cc: Kaufman Brooks Subject:
RE: Victory Solar Project (RCU2016-00006) Date: Friday, March 18,
2016 1:27:47 PM
Chris,
Thank you again for speaking with us on Wednesday. As promised, below are two follow up remarks
on the Development Review Comments you sent 3/7/16.
1)
Regarding the proposed Condition of Approval #1 – “This
Conditional Use Permit shall expire on May 3, 2037.”
a.
The Victory Solar generating facility is somewhat different from previous solar
projects in Adams County, in that it is not a community solar garden. Rather, the
Victory generating facility is a larger utility-scale solar facility that will provide power
directly to IREA, on land owned by IREA, and will be critical utility infrastructure. As
such, the Victory generating facility will have a longer operational life than solar
gardens, and will be a critical component of IREA’s power delivery infrastructure in
this area.
b. Thus, we propose that “This Conditional Use
Permit shall expire at the end of the operational life of the
facility.”
2)
Regarding the proposed Condition of Approval #3 – “The
applicant shall install a decorative fence along the property
frontages. The design and materials shall be approved by the Adams
County Community and Economic Development Department.”
a.
We understand and appreciate the County’s desire to have a fence that does not
pose negative visual impacts. The site currently has two contiguous fence structures
abutting it. Fence structure #1 surrounds the current Victory Substation, and is
comprised of chain link fence. Fence structure #2 surrounds Front Range Airport
communications infrastructure, and is also comprised of chain link fence. We
believe that constructing a different style of decorative fence would not be in
keeping with the two current fences that abut the site and run along Converse road.
A decorative fence may stick out, and may look visually disruptive. The Victory solar
generating facility will be infrastructure serving IREA, and should be treated as such.
b.
Thus, we respectfully propose that Condition of Approval #3 be removed as a
requirement.
As usual, we are more than happy to continue discussing these topics.
Kind regards, and have a great weekend Chris.
Phil Phil Armstrong
juwi Inc. • 1710 29th Street, Suite 1068 • Boulder, Colorado 80301
• USA office +1.720.838.2316 • fax. +1.303.442.1981
[email protected] • www.juwiamericas.com juwi · Energy is
here
From: Chris LaRue [mailto:
[email protected]] Sent: Monday, March
07, 2016 4:32 PM To: Phil Armstrong; '
[email protected]';
'
[email protected]'; 'brian.valentine@kimley- horn.com';
'Jeremy Call' Subject: Victory Solar Project (RCU2016-00006)
Please see the attached case comments. I have some proposed hearing dates at the end of the
letter. I would like to see if those dates will work.
Thanks, Chris Christopher C. LaRue
Senior Planner, Community & Economic Development
Department ADAMS COUNTY, COLORADO
4430 South Adams County Parkway, W2000A
Brighton, CO 80601
O: 720.523.6858 |
[email protected]
www.adcogov.org
TOPO Map for ASN 2015-ANM-3418-OE
Development Review Team Comments: Date: 3/7/16 Project Number:
RCU2016-00006 Project Name: Victory Solar Project Thank you for
your recent development application. Per Section 2-01-05, Adams
County staff referred your applications to internal and external
agencies for review. The allotted time for the agencies comments
expired on Friday, March 4, 2016. Please note where “Section” is
referenced, it is referring to the appropriate section of the Adams
County Development Standards and Regulations. The following review
comments and information from the Development Review Team is based
on the submitted documents only. For submission of revisions to
applications, a cover letter addressing each staff review comments
must be provided. The cover letter must include the following
information: restate each comment that requires a response and
provide a response below the comment; respond to each comment with
a description of the revisions and the page of the response on the
site plan. And identify any additional changes made to the original
document other than those required by staff. Commenting Division:
Development Services, Planning Name of Reviewer: Christopher C.
LaRue Date: 3/4/16 Email:
[email protected] / 720-523-6858
PLN1. Request a Conditional Use Permit for a Major Energy Facility
(Community Solar Garden) in the A-3 zoned district.
PLN2. Per Section 11-02-314 of the Adams County Development
Standards and Regulations, Major Energy Facilities include related
uses of transmission lines, power plants, and substations.
PLN3. Per Section 3-07-01 of the Adams County Development Standards
and Regulations, a Major Energy Facility is allowed as a
Conditional Use in every zone district, except Public Lands (P-L)
where this use is prohibited.
PLN4. Per Section 2-02-08 and 4-15-07, the Board of County
Commissioners (BOCC) is the final decision authority to review and
approve/deny Conditional Use Permits. Also, Per Section 2-02-08-05
CUPs are reviewed by the Planning Commission (PC) and BoCC.
PLN5. The property is located in the A-3 zoning district. Per
Section 3-10-01 the purpose of the Agricultural-3 District is to
provide land primarily in holdings of at least thirty-five
(35) acres for dryland or irrigated farming, pasturage, or other
related food production uses.
PLN6. The use shall comply with all setback requirements of the A-3
zone District: • Front 50 feet • Side 10 feet • Rear 20 feet •
Section Line Road 120 feet • SH/Arterial/local/collector 50
feet
It appears your site plan will need to be adjusted to meet these
requirements. PLN7. The property is located within the Agriculture
future land use. The areas that have
been identified as agricultural are those that are not expected to
develop, except for limited areas of very low density residential
at densities of 1 dwelling per 35 acres, for the foreseeable
future. These areas are typically characterized by a lack of urban
services.
PLN8. Originally it was stated the site would be required to
conform to the County’s landscaping requirements outlined in
Section 4-16 of the County’s Development Standards (screening from
the right-of-way). Your plan proposes no landscaping. We are in
general agreement with your approach. However, we will likely
require a more decorative fence along your two property frontages.
The fence could be wrought iron, masonry, or some other alternative
proposal to chain link.
PLN9. Please provide more information about the jobsite trailers
and storage areas depicted on the site plan. It appears the
trailers would be needed for a five month construction period.
Construction trailers can only be permitted by the following
separate land use processes:
a. Temporary Use Permit: an administrative permit which can be
issued for a maximum of 90 days. See Sections 4-05 & 4-05-02-05
for requirements.
b. Special Use Permit: a public hearing process heard before the
Board of Adjustment. The time period for a SUP is established by
the permit. This process can take a couple of months to process.
See Sections 4-04 & 4-04-02-02 for requirements.
The following are anticipated Conditions of Approval: Recommended
Conditions of Approval:
1. This Conditional Use Permit shall expire on May 3, 2037. 2. No
landscaping or screen fencing shall be required with the
development of this
Conditional Use Permit. 3. The applicnat shall install a decorative
fence along the property frontages. The fence
design and materials shall be approved by the Adams County
Community and Economic Development Department.
4. The solar panels on-site shall be removed when the conditional
use permit expires, unless an extension or renewal is granted by
the Board of County Commissioners.
5. All setbacks for the A-3 zone District contained in Section 3-10
of the Adams County Development Standards and Regulations shall be
followed.
6. All construction trailers utilized as part of this project shall
obtain either a Temporary Use Permit or Special Use Permit as
appropriate.
Commenting Division: Development Services, Engineering: Name of
Review: Greg Labrie Date: 2/12/16 Email:
[email protected]
ENG1. Flood Insurance Rate Map – FIRM Panels # (08001C0715H and
08001C0720H),
Federal Emergency Management Agency, March 5, 2007. According to
the above references, the project site is NOT located within a
delineated 100-year flood hazard zone; A floodplain use permit will
not be required.
ENG2. The applicant shall be responsible to ensure compliance with
all Federal, State, and Local water quality construction
requirements. The project site is not within the County's MS4
Stormwater Permit area. The installation of erosion and sediment
control BMPs are expected.
ENG3. If the applicant is proposing to install over 3,000 square
feet of impervious area on the project site, a drainage report and
drainage plans in accordance to Chapter 9 of the Adams County
Development Review Manual, are required to be completed by a
registered professional engineer and submitted to Adams County for
review and final approval.
ENG4. Access will be allowed onto 56th Avenue and/or Converse Road.
If the proposed development generates over 20 vehicles per day a
traffic impact study is required to be submitted to Adams County
for review and approval.
Commenting Division: Development Services, Right-Of-Way Name of
Review: Bob Kovacs Date: 3/4/16 Email.
[email protected]
ROW 1. A strip of land 70 feet in width along the north property
line should be dedicated for Right-of-way for E. 56th Ave.
ROW 2. A strip of land 40' in width along the east property line
should be dedicated for Right-of-way for Converse Rd.
ROW 3. Legal descriptions should be prepared by a Professional Land
Surveyor and sent to Adams County for review.
Commenting Division: Development Services Building and Safety Name
of Review: Justin Blair Date: 2/16/16 Email:
[email protected]
BSD1. Building Permits will be required for the construction. BSD2.
Engineered plans will be required for the permit. The applicant
should refer to the
commercial and industrial submittal requirements for details:
www.adcogov.org\building
External Referral Comments received (Letters attached) Note the
referral list is included with these comments. Those agencies not
submitting comments are presumed to have no concerns.
• Adams County Environmental Analyst • Adams County Treasurer’s
Office • Adams County Finance • Denver International Airport (DIA)
• CDOT • IREA • Xcel Energy
The determination of staff is that your application does address
the requirements of the County’s development standards and
regulations. There are no outstanding issues to cause the delay of
this case. The project will tentatively be scheduled for the
following dates
• Planning Commission (PC) on 4/14/16 at 6:00 p.m. • Board of
County Commissioners (BoCC) on 5/10/16 at 10:00 a.m.
Please confirm with me if the above proposed hearing dates will be
acceptable to you. Please contact me once you have evaluated the
comments. I can set up a follow-up meeting to discuss any
outstanding issues or concerns, if that is your preference. My
direct telephone number is (720) 523-6858, and my e-mail address is
[email protected] .
From: Jen Rutter To: Chris LaRue Subject: RE: Case # RCU2016-00006
Request for comments Date: Tuesday, February 23, 2016 2:20:55
PM
Chris,
I do not have any environmental concerns regarding this development, as the applicant has done
their due diligence by performing a survey of biological resources and a Phase I Environmental Site
Assessment on the property. There were neither special status species present on the property nor
any Recognized Environmental Conditions (RECs) found. Additionally, the applicant has designed
their project to avoid the small wetland in the northeast corner of the parcel, as well as the two low-
lying areas that could be considered Waters of the U.S.
Thank you, Jen Jen Rutter
Environmental Analyst, Community & Economic
Development Department ADAMS COUNTY, COLORADO
4430 South Adams County Parkway, 1st Floor, Suite W2000A
Brighton, CO 80601
O: 720.523.6841 |
[email protected]
www.adcogov.org
From: Chris LaRue Sent: Wednesday, February 10, 2016 11:04 AM To:
Aaron Clark; Amanda Overton; Ben Dahlman; Brigitte Grimm; Christine
Francescani; Eric Guenther; Greg Labrie; Jen Rutter; Justin Blair;
Marc Pedrucci; Matthew Emmens; Michael Kaiser; Nathan Mosley; Nikki
Blair; Patsy Melonakis; Robert Kovacs; Tonia Fuller Subject: Case #
RCU2016-00006 Request for comments To All:
Please see the attached request for comments for Case # RCU2016-00006. Please respond by
March 4, 2016. Thanks, Chris
Christopher C. LaRue Senior Planner, Community
& Economic Development Department
ADAMS COUNTY, COLORADO
4430 South Adams County Parkway, W2000A
Brighton, CO 80601
O: 720.523.6858 |
[email protected]
ATT00001.htm
DOCS-#5298072-v1-RCU2016-00006_Victory_Solar_request_for_comments_packet.PDF
ATT00002.htm image001.png
Case Name: Victory Solar Project Case Number: RCU2016-00006 Parcel
# 0181516100002 The above mentioned parcel has 2015 taxes due in
full April 30, 2016, therefore, the Treasurer’s Office has no
negative input regarding this request.
Jennifer Lothrop Treasurer Technician Adams County Treasurer's
Office 4430 S. Adams County Pkwy., Ste. C2436 Brighton, CO 80601
720.523.6761 | www.adcotax.com Mon. - Fri. 7am - 5pm
ADAMS COUNTY, COLORADO
Brighton, CO 80601
O: 720.523.6858 |
[email protected]
Request for Comments Case Name: Victory Solar Project Case Number:
RCU2016-00006 February 10, 2016 Adams County Planning Commission is
requesting comments on the following request: Request for a
Conditional Use Permit to allow a major energy facility (solar
garden) in an Agricultural-3 (A-3) zone district, pursuant to
Section 3-10-04-05. This request is located: on the Southwest
corner of East 56th Avenue & Converse Road The Assessor's
Parcel Number is 0181516100002 Applicant Information: Victory Solar
LLC
1710 29TH STREET SUITE 1068 BOULDER, CO 80301 Please forward any
written comments on this application to the Department of Community
and Economic Development at 4430 South Adams County Parkway, Suite
W2000A Brighton, CO 80601-8216 (720) 523-6800 by 03/04/2016 in
order that your comments may be taken into consideration in the
review of this case. If you would like your comments included
verbatim please send your response by way of e-mail to
[email protected]. Once comments have been received and the staff
report written, the staff report and notice of public hearing dates
will be forwarded to you for your information. The full text of the
proposed request and additional colored maps can be obtained by
contacting this office or by accessing the Adams County web site at
www.adcogov.org/planning/currentcases. Thank you for your review of
this case.
Christopher C. LaRue Case Manager
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This map is made possible by the Adams County GIS group, which
assumes no
responsibility for its accuracy
Railroad Major Water Zoning Line Sections
Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5
I-1 I-2 I-3 CO PL AV DIA
P-U-D(P) P-U-D
3. Application Fee (Submittal Item M) (Attached)
4. Conceptual Review Meeting Summary Letter (Attached)
5. Neighborhood Meeting Summary (Mailing Labels Attached). The
closest residence to the site is located approximately .3 mile to
the east. Two other residences are located to the west at a similar
distance (.35 mile). The Company has met with the owners of these
residences and has incorporated their recommendations in the
Project design. No other residences are located within .5 mile of
the Project. In addition, letters were mailed to property owners on
January 15, 2016 notifying them of the project and providing
contact information for any questions about the project. Per the
pre-application meeting, Adams County determined a public meeting
was not necessary.
6. Certificate of Taxes Paid (Attached) A Receipt of Tax Payment by
previous owner Randy J. Taylor from April 27, 2015 is attached as
part of this CUP application. Also attached is the Statement of
Taxes Due as of January 14, 2016. The current property owner and
applicant IREA will pay the taxes due prior to the Planning
Commission Public Meeting. The parcel is currently owned by IREA,
as confirmed in the Title Commitment provided under Item 7. Proof
of Ownership.
7. Proof of Ownership (Attached) The Title Commitment for the
property is included electronically on the flash drive provided to
Adams County with this CUP application. Per discussions with Chris
LaRue, a printed copy of the 128-page Title Commitment is not
included.
8. Proof of Water and Sewer Service. Water, sewer, well and/or
septic service are not required for this facility, as it will be
unoccupied on a day-to-day basis once fully operational. Sewage
disposal during construction will be contractor provided by on-site
portable toilets with routine off-site disposal.
9. Tri-County Health Department review. Review of previous solar
projects in the county indicated that Tri-County Health determined
no permanent septic system is necessary for an unmanned solar
facility. Consequently, Company is assuming that no permanent
municipal or county water or sewer service will be needed at the
site as these items are not required for daily operation of the
Project, which will be unoccupied during daily operation. There is
currently no permanent water or sewer at the site. Company or
Company's general contractor will provide adequate and portable
potable water, construction water and sanitary facilities during
on-site construction activities; proof of which will be furnished
during the construction permit phase. Per correspondence with Chris
LaRue, no check for this will be required.
10. Soil and Geologic Reports. As described in the attached report,
the site is suitable for use as a solar energy facility and no
unusual design challenges occur on the site. (Attached)
11. Preliminary Drainage Studies. Not applicable, as the project
will not result in the installation of more than 3,000 feet of
impervious surface.
The site grading will be designed to preserve the pre-development
drainage pattern as much as possible. The stormwater runoffs under
the post-development condition will not be concentrated at the
outlet points.
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For solar project developments where there are no significant
changes to the drainage pattern and no paved (impervious) access
roads being proposed, typically any change to stormwater runoff
after the installation of solar panels is considered to be
nominal.
12. Proof of Utility Services. Utility services are not required
for this facility as it will be unoccupied on a day-to- day basis
once fully operational. Electric power generated by the solar
facility will be distributed by IREA. The IREA Board Resolution
authorizing and affirming the agreement between IREA and Victory
Solar LLC is included as an attachment to this CUP
application.
13. Certified boundary survey or Improvement Location Certificate
(ILC) for the subject property. (Attached)
14. Site Plan. (Attached)
The 5-mile context map, vicinity map, and site plan shows the
layout of the Project, including solar panels, setbacks, and access
points, as well as staging and parking areas for
construction.
15. Submittal Item C – Project Description
Project Overview
The Intermountain Rural Electric Association (“IREA”) has
identified a need for a new solar electricity generating facility
to meet its electricity requirements. IREA has selected juwi Inc.,
a local Colorado solar facility development and construction
company to design, build, and operate a solar facility for this
purpose.
Victory Solar LLC (the “Company”), a subsidiary of juwi Inc., is
seeking a conditional use permit to build the Victory Solar Project
(the “Project”) on land owned by the Intermountain Rural Electric
Association. The Project would be adjacent to the IREA owned
Victory Substation, and would be located on Parcel Number
0181516100002, which is located at the Southwest corner of East
56th Ave and North Converse Road, in Adams County, CO. Electricity
from the project would be interconnected directly to the adjacent
Victory Substation.
The local economic impact is anticipated to be approximately $1
million in local development and construction phase spending on
wages, services, and supplies. Annual operation and maintenance
spending will be approximately $100,000, and will include local
services contracts.
The Project would utilize approximately 110 acres of land, and
would have the capacity to produce approximately 12.8 Megawatts AC
of power. The land would be used solely for the purposes of the
solar project. An agreement between IREA and the Project has been
signed, which provides for a maximum expected facility life of 35
years. A copy of the IREA Board Resolution evidencing this
agreement has been included as an attachment to this application. A
site location map is included with this CUP application as an
attachment. The following material outlines pertinent criteria to
be considered regarding the Project.
A. The conditional use is permitted in the applicable zone
district. The parcel is currently owned by IREA, and is zoned for
agricultural use, A-3. A solar energy facility is defined as a
conditional use in the Adams County Zone District Regulations. The
site is compatible with adjacent land uses and its location next to
the IREA Substation at the Southwest corner of East 56th Ave and
North Converse Road makes it an ideal location for a solar energy
facility. The Project will be designed and constructed to be
compatible with the surrounding area. The Project site is currently
vacant.
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B. The conditional use is consistent with the purposes of these
standards and regulations. The Project will be designed and
constructed in accordance with all applicable zoning requirements
and building codes, and in compliance with the requirements and
conditions of the CUP issued by Adams County. The Project meets the
minimum lot size, setback, and height requirements.
C. The conditional use will comply with the requirements of these
standards and regulations including, but
not limited to, all applicable performance standards. The Company
will ensure that any and all applicable performance standards are
met. High voltage power lines currently run along the west side of
North Converse Road, directly adjacent to the Project, and connect
to the IREA substation. These structures have a height of
approximately 60’. The solar farm would be located adjacent to the
current electrical substation, and adjacent to the existing high
voltage power lines. The maximum height of the solar arrays would
be approximately 7’ above the ground surface, presenting a lower
height profile than the existing structures associated with the
substation and high voltage power lines. A 7’ high fence will be
installed around the boundary of the Project site for safety
purposes. Adjacent landowners have expressed a strong preference
for a fence that is “see-through,” rather than an opaque fence that
obstructs their views. Therefore, a chain link fence is proposed to
meet the neighbor’s preferences, the need for site security, and
for public safety around the electrical equipment. FIRM Panel #
08001C0715H and #08001C0720H indicate that the parcel is not in a
special flood hazard area. Therefore, a floodplain use permit is
not required. In addition, the project site is not in a MS4 Permit
area. Erosion and sediment control will be accomplished through the
application of Best Management Practices (BMPs).
The Project does not involve more than 3,000 square feet of
impervious surface. Therefore, a drainage analysis and report has
not been completed, in accordance with guidance from Adams
County.
D. The conditional use is compatible with the surrounding area,
harmonious with the character of the neighborhood, not detrimental
to the immediate area, not detrimental to the future development of
the area, and not detrimental to the health, safety, or welfare of
the inhabitants of the area and the County. The conditional use
will not result in excessive traffic generation, noise, vibration,
dust, glare, heat, smoke, fumes, gas, odors, or inappropriate hours
of operation. An average of 75 workers is expected to be on-site
during the 5 month construction period. Once operating, the
facility will be unmanned. After construction is completed and the
solar facility is operating, its performance will be tracked
through sophisticated data acquisition equipment that tracks
production and allows remote system monitoring. The Project will
require only periodic maintenance visits with a normal passenger
vehicle. The long term operation and maintenance of the facility
will be conducted in a clean and safe manner. Water, sewer, septic
and other utility services are not required for this facility, as
it will be unoccupied on a day-to-day basis once fully operational.
Operation of the facility would generate approximately 1 vehicle
visit per week for maintenance purposes. Once operating, the solar
energy production will be virtually silent, and it will produce no
emissions, smoke, fumes, or odors. The photovoltaic panels are
specifically designed to absorb light (thus generating
electricity), rather than reflecting light. Thus, this facility is
not expected to pose issues related to glare. The Project will be
built on the existing ground surface, and grading on the site will
be kept to a minimum, thus avoiding dust issues. A native low
growth seed mix will also be utilized to revegetate any areas
disturbed during
5
construction, including areas under the solar arrays. This will
further mitigate potential dust generation concerns during the
operational phase of the project. There will be no lighting that is
left on to run during nighttime hours, and there will be no
lighting on the perimeter of the facility or to illuminate the
arrays. Certain areas, such as the O&M storage shed, and the
driveway access points will have lighting capabilities in the event
that emergency nighttime maintenance is required. Thus, under
normal conditions, there will be no lighting at the facility during
nighttime hours. The closest residence to the site is located
approximately .3 mile to the east. Two other residences are located
to the west at a similar distance (.35 mile). The Company has met
with the owners of these residences and has incorporated their
recommendations in the Project design. No other residences are
located within .5 mile of the Project. A site context map is
included with this CUP application as an attachment.
E. The conditional use permit has addressed all off-site impacts.
The Project is not expected to produce significant off-site
impacts. During normal operations, the Project will not produce any
pollution, noise, emissions, or heavy traffic. Off-site impacts
during the construction phase of the project will be primarily due
to construction traffic, which would last approximately 5 months.
The Project is approximately four miles east of the Front Range
Airport. A Determination of No Hazard to air navigation has been
issued by the Federal Aviation Administration (FAA) for the
Project. This analysis performed by the FAA considered all relevant
local airport facilities, and deemed the Project to pose no hazard.
The Project is not located in Important Farmlands and there are no
other resources mapped in the vicinity of the site.
F. The site is suitable for the conditional use including adequate
usable space, adequate access, and
absence of environmental constraints. Environmental studies and
surveys have been completed for the Project site. A survey of
biological resources was performed, which resulted in a
determination that no sensitive or special status species or
wildlife habitat was present on the site. Available mapping does
not indicate any occurrence of sensitive or special status species
on the site and none were observed during site survey.
Additionally, no raptor nests or active prairie dog colonies were
observed on or nearby the site. The closest trees to the proposed
project area are located on private property 0.41 miles west and
0.28 miles east of the Project. No raptor nests were observed in
trees on either of these properties or on the electric utility
lines adjacent to the site. A driving survey of roads in the
vicinity of the site also did not identify any raptor nests. Due to
the lack of any significant wildlife habitat on the site or in the
vicinity of the site, development and use of the site for solar
energy production would not be expected to result in any conflicts
with sensitive or significant wildlife species or their habitats. A
file search was conducted to determine if any recorded cultural
resources were located on or adjacent to the site. No sites or
cultural resources were identified. A review of the Federal
Emergency Management Agency (FEMA) maps for the Project area
confirms that the Project is not located within the floodplain.
FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel
is not in a special flood hazard area. Therefore, a floodplain use
permit is not required. This is supported by the engineering review
conducted by the County prior to submittal of this
application.
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A Phase I Environmental Site Assessment was conducted for the
project site. The Phase I assessment revealed no evidence of
Recognized Environmental Conditions (RECs), Controlled RECs, or
Historical RECs in connection with the property. A site
investigation was conducted to identify the occurrence of wetlands
on the site. A very small wetland of 0.018 acres was identified in
the northeast corner of the site, near the existing substation. The
Project has been designed to avoid this small feature. This wetland
will not be disturbed by project construction or operation and no
other wetlands were identified on the site. Portions of two low
lying areas located on the site may be considered a potential Water
of the U.S. (WOTUS). As such, the project has been designed to
avoid these features, and any impact to potential WOTUS will be
less than 1/10 of one acre. Thus, the project will not require a
Section 404 permit.
G. The site plan for the proposed conditional use will provide the
most convenient and functional use of the lot including the parking
scheme, traffic circulation, open space, fencing, screening,
landscaping, signage, and lighting. A preliminary site plan for the
Victory Solar Project is attached to this submittal package. The
solar facility and photovoltaic (PV) equipment will be designed for
an operational life of 35 years, and will utilize the highest
quality materials and components to ensure robust performance. The
technology employed will feature crystalline silicon solar modules,
mounted on single-axis tracking arrays, which will be connected to
central inverters, converting power from Direct Current to
Alternating Current. The company has deployed the same technology
in numerous projects across 10 states, and is well suited to
construct this facility. The PV technology proposed for
installation will be of industry standard and is designed to
achieve a high level of performance. The tracking arrays will
follow the sun; facing east in the morning, laying flat at noon,
and facing west in the afternoon. The solar modules utilized to
generate power are supported by steel racking and steel posts,
which are embedded into the ground. Additional equipment involved
in the Project will be constructed on gravel areas or foundations.
The solar modules will be electrically linked in units to
inverter/transformer power stations, each on a concrete foundation.
Both the Project and IREA will construct interconnection
infrastructure near the northeast corner of the project area on a
gravel surface, in accordance with prudent utility practices. juwi
specifically designs solar facilities to maximize the available
flat land located on a project site. There is a slight topographic
depression in the western portion of the site, which the facility
has thus been designed to avoid. By avoiding this area, the Project
can further minimize the earthwork and grading needed for arranging
the solar arrays in parallel. A single-story permanent Operations
and Maintenance (O&M) storage shed will be constructed to store
materials and equipment. It will be approximately 600 square feet
in size and will have a concrete foundation. The building will be
utilized to store PV facility replacement parts and spare
materials. The building will be unoccupied; as a result it will not
be sprinkled and will not be insulated. No parking lots will be
required for this unmanned facility. As described under D. above,
there will be no lighting left on at the facility during nighttime
hours. In order to minimize dust generation and weeds, the site
will be revegetated following construction using a native seed mix.
No additional landscape treatment is proposed. This would be in
keeping with the current high voltage power lines which run
adjacent to the site and North Converse Road, and with the Victory
Substation, which do not have landscaping currently installed.
However, if surrounding land uses
7
change and water utilities are extended to the property, a
landscaping plan will be provided and landscaping will be installed
at that time along 56th Avenue and Converse Road. A strip of land
70' in width along the north property line will be dedicated for
Right-of-way for E. 56th Avenue. A strip of land 40' in width along
the east property line will be dedicated for Right-of-way for
Converse Road. This reflects comments received from Adams County
regarding necessary right-of-way dedications. Guidance from Adams
County stipulates that setbacks of 120’ are required along E 56th
Avenue, and North Converse Road. The Project will adhere to all
applicable setback requirements, and will meet or exceed all
setback footages. Two access points are proposed off of 56th Ave,
1,700 feet apart. Two access points are necessary in order to avoid
constructing in the low-lying drainage that runs south to north on
the property. Access off of North Converse Road is not proposed in
order to avoid potential conflicts with the high voltage power
lines and construction equipment. High voltage power lines
currently run the length of the eastern border of the site,
parallel to North Converse Road, providing no suitable and safe
construction access for the solar project off of North Converse
Road. Access points would be in compliance with street standards
and driveway separation.
H. Sewer, water, storm water drainage, fire protection, police
protection, and roads are to be available and adequate to serve the
needs of the conditional use as designated and proposed. The
unmanned solar facility will not require an onsite water supply.
Potable water will be brought to the site for all individuals
onsite during the construction phase of the project. Should any
additional water be needed during the construction phase of the
Project, it will be supplied from an offsite source. It is expected
that natural rain and snow will provide for solar panel washing
during the operation of the Project. In addition, no permanent
sanitary facilities or septic system will be required for the
project. Portable sanitary facilities will be provided for the
construction of the project.
I. Submittal Items J and K, Regarding Minerals Pursuant to C.R.S.
24-65.5-103(1)(A) and (B), Victory Solar LLC has searched the Adams
County tax assessor’s records for mineral estate owners as well as
the clerk and recorder’s office for any mineral owner’s request for
notification for any impacts to the property to be developed.
Although no mineral estate owner was identified pursuant to the
search requirements set forth by the State of Colorado,
notification certification required under Adams County CUP
Submittal item J identifies searches to include the records of the
clerk and recorder’s office and is not specifically limited to
identifying mineral estate owners requests for notification.
Victory Solar LLC has conducted a search of records of the Adams
County Clerk and Recorder and has identified the State of Colorado
as the sole mineral estate owner. Submittal Item J requires
notification “which is not less than thirty days before the initial
public hearing.” As a public hearing has not yet been scheduled,
Company is unable to complete Item J. Victory Solar LLC will make
reasonable efforts to notify the State of Colorado through the
State Land Board within thirty (30) days of the initial application
hearing date, and will provide Item J at that time.
16. Rezoning. A complete application for rezoning is not
applicable, as the proposed uses in the Conditional Use Permit
application are consistent with the underlying Zone District. The
parcel is agriculturally zoned as A-3. Based
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upon a review of previous solar farm projects in Adams County,
which were considered M