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
USR24-002, USS High Plains Solar LLC - Use by Special Review
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Purpose and Request:
recommended action
The applicant, USS High Plains Solar LLC, on behalf of the owner, Lowry Environmental Protection Cleanup Trust Fund, is seeking approval of a USR application for a 5.0 megawatt-alternating current photovoltaic solar energy generation facility to be located on a 106.5-acre parcel that is north and adjacent to E. Hampden Avenue and west of E-470. This facility will be located on the north portion of this parcel and north and adjacent to another solar facility (USS Great Plains Solar) proposed on the property. The subject facility will contain PV panels, trackers, inverters, transformers, underground electric collection lines, access roads, and security fencing. The applicant is also requesting a reduction to the 2,000-foot setback from a Designated Outside Activity Area (DOAA). The DOAA is the Plains Conservation Center contains a visitor center, historic structures, and outbuildings used for public education, and is situated 979 feet west of the proposed facility.
The solar facility will obtain access from E. Hamden Avenue and is located within a fenced 29.5-acre lease area on the subject property. Both solar facilities will share the same access roads. The facility will operate unmanned with only infrequent operations and maintenance visits, and weekly site visits to check for trapped or injured wildlife. No water, sanitary sewer, phone, cable, or gas services are proposed for this project.
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Background and Discussion: The parcel is vacant but has been farmed in the past. The applicant initially applied for Administrative Use by Special Review for this small solar facility, however, during the first review, it was discovered that this application didn’t meet the 2,000-foot setback requirement from a DOAA. As per Section 5-3.5.E.4.a.iii of the Land Development Code, this setback may be reduced by the Board of County Commissioners (BOCC) through the USR process. As part of this process, the applicant must demonstrate compliance with the USR criteria for approval of the solar facility. In addition, in deciding whether to approve a location within a reduced setback from the DOAA, the BOCC shall also consider whether the proposed site layout and design and best management practices are effective in avoiding, minimizing, or mitigating adverse impacts to the DOAA. The City of Aurora owns and operates the Plains Conservation Center. The City of Aurora provided staff with a resolution (Resolution No. R2023-123) expressing the City’s support of reducing the 2,000 DOAA setback to the proposed solar facility (see attached).
A detailed staff report is attached which addresses the project’s alignment with the Comprehensive Plan and whether the application meets the approval criteria in the Land Development Code.
The Planning Commission does not review USR applications.
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 Use by Special Review with Conditions of Approval as recommended by staff or with changes.
2. Continue to a date certain for more information.
3. Deny the Use by Special Review.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Staff Recommendation: Considering the findings and other information provided in the attached staff report, staff recommends approval of Case No. USR24-002, USS High Plains Solar Facility LLC - Use by Special Review, subject to the following conditions of approval:
1. Prior to the signature of the final copy of these plans, the applicant must address Public Works and Development staff's comments and concerns.
2. The solar facility shall be checked once a week (or escape ramps be installed) to allow animals to escape if a deer or other wildlife species becomes trapped within the facility.
3. The applicant shall provide an annual summary of wildlife species trapped within the security fencing and/or collided with the panels or wires and become injured or die to be submitted to Colorado Parks and Wildlife and the Planning Division by December 31st every year.
4. The applicant shall conduct a wildlife survey immediately before construction commences to determine if there are any impacts to burrowing owls and swift foxes.
5. The applicant shall conduct a pre-construction nesting survey if construction activities, seasonal vegetation clearing, or grading are to occur during the migratory bird breeding season to avoid impacting migratory birds.
6. Any active raptor nests encountered shall be buffered as per the Colorado Parks and Wildlife’s Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (2020).
7. The applicant shall install transmission lines to the solar facility according to Avian Power Line Interaction Committee standards and outside of raptor nesting season. The applicant shall also install bird diverters within ¼-mile of any lake, drainage, or riparian area and within the raptor nesting buffer for occupied nests.
8. A Geotechnical Study of the roads for the facility shall be provided with the building permit to the South Metro Fire Rescue for review and approval. The Planning Division shall be notified of the submittal of this report. The study shall be approved before the issuance of a Certificate of Completion by the County.
9. The Decommissioning Plan Agreement shall be signed and bonded before the issuance of a Certificate of Completion by the County. The Decommissioning Plan cost estimate shall be reviewed every five years by the Planning and Building Divisions commencing from the year of the issuance of the Certificate of Completion. This cost estimate shall be submitted by December 31st every five years.
10. A Vegetation Management Inspection Report shall be submitted twice each year to the Planning Division and fire district for the first five years after issuance of a Certificate of Completion by the County. Reports shall be submitted in June and December of each year.
11. The Lease Agreement with an exhibit of the application shall be recorded with the Arapahoe County Clerk and Recorder and documented in the title commitment prior to the issuance of a Certificate of Completion by the County. The recording documentation shall be submitted to the Planning and Building Divisions.
12. The owners/operators shall provide the Planning and Building Divisions proof of general liability insurance with commercially reasonable amounts of coverage for the facility prior to the issuance of a Certificate of Completion by the County. The facility owners/operators shall maintain such insurance in place through all times of the facility at this location.
Concurrence: Arapahoe County Public Works and Development staff recommend approval for this case.
Suggestion Motion(s): Attached.
Resolution: Attached.