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Home My WebLink About20133038.tiffHEARING CERTIFICATION DOCKET NO. 2013-69 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0045, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (577 KW COMMUNITY SOLAR GARDEN) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND PHYLIS BROWN, CIO CLEAN ENERGY COLLECTIVE A public hearing was conducted on October 30, 2013, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Don Carroll Health Department representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated September 25, 2013, and duly published September 30, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Robert and Phylis Brown, do Clean Energy Collective, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (577 kW Community Solar Garden) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He reviewed the location and proximity of surrounding residences, agricultural land and railroads. It's within the three-mile referral area of the City of Greeley, the Towns of Johnstown, Windsor, and Milliken, and of Larimer County. It will be unmanned except for routine maintenance and inspections. Prior to the Planning Commission Hearing there were two telephone calls, from the mineral interests on the property, and the closest neighbor, and several additional property owners have since expressed concerns. He showed images of similar facilities and locations. In response to Commissioner Rademacher, Mr. Ogle said the CrC'>'/'Li ,4/a, )1/46# /O7/9AS 2013-3038 PL2243 HEARING CERTIFICATION - ROBERT AND PHYLIS BROWN, CIO CLEAN ENERGY COLLECTIVE (USR13-0045) PAGE 2 property will be a long-term lease. In response to Commissioner Kirkmeyer, Mr. Ogle said Helen Frank's call was in regard to her ability to obtain minerals off the property. Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements. He said CR 54 is an arterial road and access is from CR 15.5, a lightly traveled local gravel road. Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions. 10 Richard Miller, Land Manager for Clean Energy Collective, represented the applicant. He explained this project will serve citizens in the Poudre Valley Rural Electric Association, Inc. and presented a PowerPoint presentation, marked Exhibit "D". He said Clean Energy Collective is the nation's leading community solar provider and partners with landowners to provide long- term economic value for under-utilized or marginal land parcels. The panels are purchased and owned by citizens and businesses. He showed images of some of their other projects and reviewed awards the company has received. He noted a proposed fence along the eastern boundary and stated the facility will cost approximately $1.5 million to install and will be maintained and operated for fifty years. He said the panels vary from 10-12 feet in height, there will be 4-6 weeks of construction, with no traffic other than material deliveries, and he reviewed operations. He cited sections of the Code referring to alternative energy resources, specifically solar energy, saying this project meets goals of the Weld County Code and the Comprehensive Plan. In response to Commissioner Rademacher, Mr. Miller addressed security, noise and glare. In regard to environmental hazards he said there will be no chemicals on -site, there are no emissions, and broken panels are mostly metal and glass with nothing to leach into the ground. Commissioner Rademacher noted toxic chemicals used in the making of the panels and indicated a community meeting before the Planning Commission hearing would have been helpful. In response to Commissioner Conway, he said the life -span of the panels is 25-30 years, although they drop some capacity over time. He said the panels have a non -reflective coating, and have been installed in heavily populated areas without complaint. The technology has improved. Mr. Miller said the panels are built to withstand hail and high winds. Tom Sweeney, Chief Operating Officer, said it is possible to damage them, but it has to be a severe storm with over 110 mph winds; the panels are insured for total replacement and the policy includes flood, hail, tornado, and vandalism. He said there is no health risk. In response to Commissioner Kirkmeyer, Mr. Sweeney said that these facilities are not regulated by the State, but are under the auspices of The Poudre Valley REA. Mr. Miller also confirmed this portion of the property remained dry during the recent flooding. Mr. Sweeney said the panels are at 35 degrees and the steel poles are in the ground at 8-10 feet, secured with tamper proof bolts, and they don't move in wind, not -withstanding a tornado. Mr. Miller said the Fire Department received a referral, but were not directly contacted. He also said the applicants did not realize there was opposition prior to the Planning Commission hearing, where concerns were expressed about visual impact, property values, and fire hazards. He also confirmed he spoke with mineral owners regarding horizontal drilling, and addressed their concerns. In response to Commissioner Conway, Mr. Miller said there has been no evidence of a decrease in property values. In response to Commissioner Freeman, Mr. Sweeney said each panel costs $800, and 40 percent have already been sold, and there is an agreement with Poudre Valley 2013-3038 PL2243 HEARING CERTIFICATION - ROBERT AND PHYLIS BROWN, CIO CLEAN ENERGY COLLECTIVE (USR13-0045) PAGE 3 REA to purchase all power produced. He also explained that a trust account is established to oversee the long-term operations, and is independent of the company's existence. It takes 10-12 years to recoup the investment and after that it is a savings. In response to Commissioner Conway, he said all marketing has been done exclusively through Poudre Valley REA's billing statements. Becky Siskowski, surrounding property owner, stated the postcard notification was misleading, because of the term `garden', whereas this is a large facility. She expressed that someone should have come by personally or called to explain the project sooner, and nine of the eleven surrounding property owners have confirmed they are opposed. She addressed the visual impact in terms of view and glare, and said the facility should be located closer to the main road and property values will fall. She said the property is zoned Agricultural, but this is a commercial endeavor; she referred to the Right to Farm statement, and presented letters from her neighbors, submitted as Exhibit E. Ms. Siskowski said they just moved to their property for the view, the quiet and the wildlife, and the rural atmosphere and she requested denial based on the almost unanimous neighborhood opposition. In response to Commissioner Conway, she said that the applicant made no offers for mitigation in their meeting after the Planning Commission. PJ Severo Mesa concurred and said he met with Mr. Brown in early spring and was told he would be contacted by a representative of the company, but didn't hear anything further until notice was posted, and the phone call was initiated by him. Ei Stacy Zander pointed out her residence on the ma ; this would be the view from her front yard. She concurred with previous statements. Nicole Schrader concurred, adding that she owns five residential lots for sale near the site and was not notified. Bill Hine said he has lived here a long time because it is a beautiful place, and he is adaman.0 opposed. He said he was not notified and those who were had no idea of its magnitude. Loretta Mason concurred with previous statements. ' Mr. Miller addressed concerns, saying that the panels' height of 10-12 feet is 18 -feet below the limit, and the panels would not ruin the view more than any other structure built as a Use by Right. In regard to taking the land out of agricultural use, he said only dry land farming/grazing is possible on this land, and the Browns approached their company. He stated the notification requirement was met, there will be screened fencing on that border, and energy facilities have to be located somewhere and are necessary for society. Commissioner Conway noted the confusion over the terminology and use of the word 'garden.' Mr. Miller said it is a term used in the industry and his company will likely use different language, such as `solar generating facility', in the future. He apologized for the confusion generated by that term, and acknowledged it does not indicate the scale. . Chair Garcia confirmed `garden' is an industry standard term. In response to Commissioner Garcia, Mr. Miller confirmed this land is currently unused pasture and the additional 11 acres will remain pasture land. Chair Garcia also noted the parcel is currently listed as grazing land with the Assessor's Office. 2013-3038 PL2243 HEARING CERTIFICATION - ROBERT AND PHYLIS BROWN, C/O CLEAN ENERGY COLLECTIVE (USR13-0045) PAGE 4 Mr. Miller referred to screening requirements, but had no other concerns regarding the Conditions of Approval and Development Standards. In response to Commissioner Rademacher, Mr. Miller said he is open to landscaping mitigation, including a tree line. Commissioner Kirkmeyer stated her appreciation for the applicant's and surrounding property owner's comments. She disagreed this is a commercial use, saying it is more of an industrial use, and noted there is one in Adams County near her and she would not like to live next to it. She said the Board has to consider the proposed use's consistency with the Comprehensive Plan; she addressed specific sections concerning the issue of compatibility. Commissioner Rademacher said he disagrees this is not a commercial use, compatibility is subjective, and an owner has a right to use his property. a Commissioner Kirkmeyer said the negative impacts cannot be mitigated. Commissioner Freeman noted the similarity to an electrical substation (considered industrial use). Chair Garcia said the land value would likely be reassessed as industrial. Commissioner Kirkmeyer moved to deny the request of Robert and Phylis Brown, do Clean Energy Collective, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (577 kW Community Solar Garden) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. The motion was seconded by Commissioner Freeman. Commissioner Conway noted the Greeley/Weld Airport is a potential alternate location, and spoke on Senate Bill 252, noting that Poudre Valley REA will have to build facilities like these somewhere. !' Commissioner Kirkmeyer expressed appreciation for all the information received from both sides. Commissioner Freeman said energy bills will rise, but encouraged Poudre Valley REA to go forward and not let this case discourage them. Commissioner Rademacher concurred and said the residents should understand that Mr. Brown has a right to do something with this property, and it may be worse. He also reproached the applicant for not reaching out to the neighbors earlier and for the lack of adequate notification. Commissioner Conway said Weld County supports solar energy and provides most of the renewable energy in the State of Colorado and Chair Garcia said this hearing has been very educational. Chair Garcia expounded on considering wind, solar and geothermal, in addition to oil and gas, as a Use by Right. He reiterated that Senate Bill 252 will result in higher energy costs for REAs. He said safety concerns were addressed and he is now more assured that these larger solar panels are safe. He said he would support the motion, but is glad this has started a discussion about where the County is going in terms of energy production in the A (Agricultural) Zone because it is a financial support to farmers and ranchers. The motion to deny carried unanimously. There being no further discussion, the hearing was completed at 11:59 a.m. 2013-3038 PL2243 HEARING CERTIFICATION - ROBERT AND PHYLIS BROWN, CIO CLEAN ENERGY COLLECTIVE (USR13-0O45) PAGE 5 This Certification was approved on the 4th day of November, 2013. BOARD OF COUNTY COMMISSIONERS WELD COT)Y, COLORADO Weld County Clerk to the Bo BY: Deputy Clerk to the Boa can P. Conway irni-glag.• /Brbara Kirkmeye 2013-3038 PL2243 Tisa Juanicorena From: Tisa Juanicorena Sent: Friday, November 22, 2013 3:12 PM To: 'richard.miller@easycleanenergy.com'; 'R7273brown@yahoo.com' Subject: Denial USR13-0045 Attachments: RESO DENIAL USR13-0045.pdf Please see attached document for your review. Tisa Juanicorena Deputy Clerk to the Board 1150 O Street Greeley, CO 80631 970.336.7215 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Tisa Juanicorena From: To: Sent: Subject: Microsoft Exchange richard.miller@easycleanenergy.com; R7273brown@yahoo.com Friday, November 22, 2013 3:17 PM Relayed: Denial USR13-0045 Delivery to these recipients or distribution lists is complete, but delivery notification was not sent by the destination: richard.miller@easycleanenergy.com R7273brown@vahoo.com Subject: Denial USR13-0045 Sent by Microsoft Exchange Server 2007 Tisa Juanicorena From: To: Sent: Subject: Richard Miller [richard.miller@easycleanenergy.com] Tisa Juanicorena Friday, November 22, 2013 4:19 PM Read: Denial USR13-0045 Your message was read on Friday, November 22, 2013 4:19:25 PM (GMT -07:00) Mountain Time (US & Canada). 1 Hello