HomeMy WebLinkAbout20220938.tiffHEARING CERTIFICATION
DOCKET NO. 2022-26.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0023, FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
A public hearing was conducted on March 30, 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
County Attorney, Bruce Barker
Department of Planning Services representative, Angela Snyder
Department of Public Works representative, Melissa King
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
to I hereby certify that pursuant to a notice dated February 10, 2022, and duly published
February 12, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Enders Land Company, LLC, c/o Overland Solar, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR21-0023, for a Solar Energy Facility in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
El Angela Snyder, Department of Planning Services, described the sign posting, as well as the
location of the site, which is within three (3) miles of the Towns of Hudson and Keenesburg,
neither of which responded to the referral request and did not express any concerns on the Notice
of Inquiry responses. She relayed the proposal is for a ten (10) megawatt solar facility, which is
expected to be fully functional for 20 to 30 years, encumbering approximately 92 acres.
Ms. Snyder stated the coating minimizes glare and maximizes solar energy uptake, the disturbed
areas will be revegetated with native vegetation to prevent dust and wind erosion, and remote
monitoring and routine maintenance will be conducted one (1) to two (2) times per year. She
relayed no lighting or landscaping is proposed and, if approved, construction is expected to be
completed by September 2022. Ms. Snyder relayed the applicant will need to obtain an Access
Permit on the unmaintained section line right-of-way for County Road (CR) 45, to utilize an
existing access east of the intersection of CRs 22 and 41. She stated the proposed location
appears to meet minimum access spacing criteria, is a paved, arterial road that requires 140 feet
of right-of-way, the latest average daily traffic counts are 1,974 vehicles per day at 47% trucks,
and the 85th percentile speed is 65 mph. She further stated this portion of CR 45 is a privately
maintained section line road, with no traffic counts being available. Ms. Snyder relayed the traffic
information submitted by the applicant indicates, during operation, one (1) monthly round trip is
anticipated; however, during the four (4) to five (5) month construction timeframe there will be a
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2022-0938
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HEARING CERTIFICATION - ENDERS LAND COMPANY, LLC, O/O OVERLAND SOLAR, LLC
(USR21-0023)
PAGE 2
maximum of 68 vehicles per day, with 50% of the traffic traveling east and 50% traveling west.
Ms. Snyder stated based on the use of the privately maintained road, no tracking control would
be required. She explained a Road Maintenance Agreement including, but not limited to, dust
control and damage repair to specified haul routes, during construction, is requested. She relayed
the applicant has submitted an acceptable Stormwater Drainage Narrative, and a Grading Permit
will be required, if more than one (1) acre is disturbed. Ms. Snyder stated the Department of
Planning Services, Development Review, requested deletion of Condition of Approval (COA) #5. B
(access and tracking control), since it has already been accomplished. She explained the amount
of energy proposed to be generated by this site, which is in an area designated for urban and
non -urban uses. She described the soil on the site, which is considered farmland as per the 2020
Natural Conservation Soil Survey; however, according to the applicant, the site has been fallowed
from agricultural use due to low yields and lack of profit from farming, thus, they plan to employ
minimally disturbing construction practices and native planting in disturbed areas. She indicated
the location of the adjacent lands used for range land, agriculture, oil and gas, and rural
residences, with two (2) homes located near the property, but not near the disturbed area. She
stated Notice was sent to surrounding property owners (SPOs) within 500 feet of the site, and no
responses were received. Ms. Snyder explained the applicant made a diligent effort to reduce the
impact on the neighbors by design of the site, construction traffic will not affect SPOs, and a
Decommissioning Agreement and Surety Amount will be presented by the applicant at a later
date. Ms. Snyder displayed images of the site and surrounding views and entered the favorable
recommendation of the Planning Commission into the record as written.
IE Lauren Light, Department of Public Health and Environment, stated since there will be no
employees, a portable toilet during construction is acceptable, with a Development Standard (DS)
requiring removal once construction is completed, typical dust and waste items are included, and
there are no outstanding issues with this request.
Nathan Stottler, OneEnergy Development, LLC, applicant's representative, clarified the
property had been irrigated in prior years, and the land was fallowed due to low yield. In response
to Chair James, Mr. Stottler explained how the sand affects the stability of the solar panels.
Steve Teets, Greeley resident, expressed concern regarding the once -a -year maintenance.
Mr. Stottler explained scheduled maintenance occurs a couple times a year, and daily collection
of power would notify of any immediate maintenance needed.
El In response to Commissioner Freeman, Ms. Snyder confirmed the Decommission Plan and
Security Agreement, required by COA #5.A, has been reviewed by the County Attorney and has
been accepted and will be in place prior to construction. Commissioner Freeman pointed out the
request by staff to delete COA #5.6 (tracking control), and the Board agreed. In response to
Commissioner Moreno, Melissa King, Development Review, acknowledged DS #22 (review of
Road Maintenance Agreement) may be removed per Board approval, and the Board agreed to
remove. The Board agreed to all the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards
2022-0938
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HEARING CERTIFICATION - ENDERS LAND COMPANY, LLC, C/O OVERLAND SOLAR, LLC
(USR21-0023)
PAGE 3
In response to Chair James, Mr. Stottler, on behalf of the applicants, indicated they had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Buck moved to approve the request of Enders Land Company, LLC,
do Overland Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0023, for a Solar Energy Facility 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 amended. The motion was seconded by Commissioner Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at 10:26
a.m.
This Certification was approved on the 13th day of April, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,„ •JClZD•�
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
K. James, Chair
C
Mike Freeman, Pro-Tem
EXCUSED DATE OF APPROVAL
Perry L. Buck
teve Moreno
Mer-Le-7,--e/
XCUSED DATE OF APPROVAL
Lori Saine
2022-0938
PL2819
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