To: Board of County Commissioners
Through: Bryan Weimer, Director of Public Works and Development
Prepared By:
prepared
Molly Orkild-Larson, Principal Planner, Public Works and Development
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presenter
Presenter: Molly Orkild-Larson, Principal Planner, Public Works and Development
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Subject:
title
Case No. CZ24-001, Lowry Rezoning - Conventional Rezone
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Purpose and Request:
recommended action
The applicant, SunShare LLC, on behalf of the property owner, Lowry Environmental Protection Cleanup Trust Fund, seeks approval of a rezoning application for a parcel at the northeast corner of E. Quincy Avenue and S. Gun Club Road. The subject property is 56.7 acres and zoned MU (Mixed Use). This application proposes to rezone the parcel from MU to A-1 (Agricultural-1) to develop a 5-megawatt (MW) small solar facility on the property. These smaller facilities are known as “solar gardens” and are distinguished from larger “solar farms” by the limitation on their size (maximum of 5 MW capacity).
Small solar facilities (solar panels generating 5MW or less) are only permitted on Agricultural and Industrially zoned property. If the rezone is approved, the proposed solar facility must obtain approval of an Administrative Use by Special Review - Small Solar System Facilities application. The proposed solar garden will be unmanned and will not require water and sanitary sewer service. Gas and electric lines traverse the eastern boundary of the subject site. The gas lines will be left undisturbed, but the solar facility proposes to connect to Xcel Energy distribution lines.
The facility will have access from S. Gun Club Road and is anticipated to generate 20 to 40 vehicle trips per day during construction (two to four months). Once construction is complete, two site visits are expected to occur every quarter.
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Background and Discussion: The parcel is an undeveloped agricultural property that is currently dryland-farmed.
To the east of the subject site is the Lowry Landfill, which has operated as a landfill since 1964 and accepts both municipal solid and industrial liquid waste. In 1984, due to groundwater contamination, the Environmental Protection Agency (EPA) placed the landfill on its National Priorities List of sites to be addressed under the federal remediation program known as Superfund. The landfill has been undergoing extensive containment remedy since its listing.
Though not required by the terms of the EPA-selected remedy, Denver and Waste Management and Lowry Environmental Protection Cleanup Trust Fund purchased properties a half mile around the site as an additional level of assurance for the remedy. This was intended to prohibit future groundwater use and to control future land use around the site. Any future use of these lands will be compatible with the remedy, conform to certain restrictive covenants, and comply with all regulations to ensure the protection of public health and the environment.
The land within the half-mile area is managed by the Lowry Environmental Protection Cleanup Trust (Lowry Trust), which oversees the uses of these lands. To assist with their supervision, the Lowry Trust Master Plan was created, and its primary goal is to identify land uses that are compatible with the Lowry Landfill remedy. The Master Plan identifies the subject site as being located in Section 1, which allows renewable energy generation, solar farms, and other forms of renewable energy production. The proposed land use associated with this rezone request is in alignment with the Lowry Trust Master Plan in that it is a land use with no permanent human-occupied structures and does not require access to water and sanitary sewer services, thereby removing any concern for contamination from the Superfund site. The site will mainly be developed with unmanned solar panels.
The Planning Commission held a public hearing on February 18, 2025, and unanimously recommended approval of the rezoning application. No members of the public spoke about the request at the hearing. Attached are the Planning Commission Minutes and Staff Report for reference.
Fiscal Impact: No fiscal impacts are anticipated at this time.
Alternatives: The Board of County Commissioners has alternatives that include the following:
1. Approve the proposed Conventional Rezone with Conditions of Approval as recommended by staff or with changes.
2. Continue to a date certain for more information.
3. Deny the Conventional Rezone.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☒Provide essential and mandated service
☐Be community focused
Staff Recommendation: Considering the findings and other information provided herein, staff recommends approval of Case No. CZ24-001, Lowry Rezoning, subject to the following condition of approval:
1.) Prior to signature of the final copy of these plans the applicant must address Public Works and Development staff comments and concerns.
Concurrence: The Public Works and Development Planning and Engineering Services Division have reviewed this application, and the Arapahoe County Public Works Department is recommending approval of this case. The Planning Commission recommended approval of this conventional rezone on a 6-0 vote at their February 18, 2025, public hearing.
Suggestion Motion(s): Draft Motions have been included as an attachment to the Board Summary Report.
Resolution: A draft resolution is attached to this report.