HomeMy WebLinkAbout20222306.tiffHEARING CERTIFICATION
DOCKET NO. 2022-54
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0013, FOR A SOLAR ENERGY FACILITY (2.4 MW ON 18 ACRES) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - DAVID COGBURN, CIO US SOLAR
A public hearing was conducted on August 17, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 23, 2022, and duly published June 25,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
David Cogburn, c/o US Solar, for a Site Specific Development Plan and Use by Special Review
Permit, USR22-0013, for a Solar Energy Facility (2.4 MW on 18 acres) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting, and location of the site, which is located within the three (3) mile
referral area of the City of Greeley and the Town of Kersey, in addition to the Coordinated
Planning Agreement of the Town of Kersey. He explained the 2016 Comprehensive Plan of the
Town of Kersey designates the Town's influence area extending to County Road (CR) 62;
however, this property is outside the Town of Kersey's Land Use Planning Area, and both
municipalities responded with no concerns or recommendations. Mr. Ogle explained the property
is encumbered by two (2) irrigation ditches, the Union Lateral Irrigation Company Ditch and Lathe
Irrigation Ditch on the south side of the property. He shared Notice was sent to 13 surrounding
property owners (SPOs) and no responses were received. Mr. Ogle stated the parcel has a
proposed access onto CR 66, approximately 1,325 feet west of the intersection of CR 66 and
CR 49, the proposed location appears to meet the minimum spacing requirements, and an Access
Permit is required. He relayed CR 66 is a local, gravel road with 60 feet of right-of-way, stating
Traffic Information indicates, during operation, the maximum site traffic will be one passenger
vehicle, round-trip, monthly, the construction site will include intermittent traffic for up to five (5)
months, and during this time, there will be a total of 55 semi -truck round trips, with not more than
four (4) deliveries per day. Mr. Ogle stated tracking control will be required, along with a Road
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Maintenance Agreement including, but not limited to, dust control and damage repair to specific
haul routes during construction. He stated a Preliminary Drainage Report, a Final Report, and a
Detention Pond Design, reviewed by a Colorado Registered Professional Engineer, are required.
Mr. Ogle stated the applicant will continue to utilize the property for irrigated row crop production
under a center pivot, and of the 73 -acre parcel, 15 acres will be utilized for the proposed solar
energy facility, with the land under the solar panels being revegetated using a native habitat mix,
which will be maintained by vegetation experts. He stated the solar facility will connect to an Xcel
Energy power grid, once operational the solar facility will create no noise, odor, light or flickering,
vibration, vermin, dust or other nuisances, and is virtually unnoticeable to neighboring properties.
He shared the site is within an Airport Overlay District, which requires compliance with airport
zone height limitations, and the Use will not create electrical interference. He stated the applicant
will be required to file with the FAA (Federal Aviation Administration) and meet FAA requirements.
Mr. Ogle shared the applicant and representative held a virtual Google meeting with SPOs on
June 29, 2022, and one SPO attended. He shared Landscape Screening, as required by County
Code Section 23-4-1030.B, will include Rocky Mountain Juniper trees. Mr. Ogle entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views.
Eli Lauren Light, Department of Public Health and Environment, stated since there are no
full-time employees, a screened portable toilet can be utilized, to be removed once construction
is completed. She further stated typical dust and waste standards have been included,
Development Standards #13 - #18, address Environmental Health items, and there are no
outstanding issues with the request.
Michelle Simms, U.S. Solar, represented the applicant, shared the company history and
stated the 2.4 mega -watt, community solar facility will be constructed on 14.8 acres of the parcel
owned by the applicant. She relayed a new access point is proposed and permits will be obtained
prior to construction. Ms. Simms explained the site will connect directly with Xcel Energy on the
south side of CR 66, and the project will generate enough clean energy to power approximately
600 homes, annually. She shared this specific project will provide significant energy savings to
240 low-income households and savings opportunities to approximately 360 residences in the
county. Ms. Simms shared the footprint of the project was designed to maintain the productivity
and center pivot irrigation of the applicant's remaining 58 acres, as well as the 73 -acre parcel
located directly to the north and owned by the applicant. She presented a letter signed by the
applicant (Exhibit D), which explained the construction process will be completed in about ten (10)
weeks. She spoke about the visual impact, stated the project will utilize single -axis tracker panels
which follow the sun from east to west, and range from six (6) to eight (8) feet in height. She
confirmed all residences within 500 feet will be provided with landscape and screening, and
decommissioning will occur upon completion of the life of the site and a bond will be issued to the
county.
IR Gerald Roth, represented the Union Irrigation Company, and requested a crossing agreement
for the bridge and for the road over the canal. Commissioner Freeman pointed out Condition of
Approval (COA) #1.A (Vehicle Crossing Agreement), addresses the request.
Ei Rob Johnson, Windsor resident, stated US Solar are the developers, not the operator, and
he requested the County be prepared to enforce the COAs, since heavy clay soil is known to blow
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in the spring, and he suggested some type of permanent cover be established prior to installation
of the panels. He shared a similar project is located one (1) mile east of the proposed site, and
he considers the operator of the neighboring site to be a poor operator. Chair James pointed out
the COA and DS, stated the County is a complaint -based county, and suggested Mr. Johnson
call the Planning Department to register complaints.
El In response to Chair James, Ms. Simms addressed the terms of the ditch agreements, and
described the cover crop and height of panels.
ti The Board discussed the Conditions of Approval and Development Standards.
In response to Chair James, Ms. Simms indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented.
Commissioner Moreno moved to approve the request of David Cogburn, c/o US Solar, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0013, for a Solar
Energy Facility (2.4 MW on 18 acres) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards, as presented. The
motion was seconded by Commissioner Saine, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:48 a.m.
This Certification was approved on the 31st day of August, 2022.
BOA OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: dittos) •�
Scott K. James, Chair
Weld County Clerk to the Board
eputy Clerk to the Board
Mike eman, Pro-Te
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