HomeMy WebLinkAbout20222947.tiffHEARING CERTIFICATION
DOCKET NO. 2022-74
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0022, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC
A public hearing was conducted on October 26, 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, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated September 19, 2022, and duly published
September 21, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Arthur Griffiths, do CBEP Solar 5, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR22-0022, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting, and the location of the site. She shared 20 referrals were sent out 15
were returned, and five (5) did not respond. Ms. Aungst relayed the facility will be known as
Griffiths #1 Solar Project, described the facility, the process of construction, future service, and
maintenance visits, and relayed 500 sheep will be utilized for vegetation control. She stated a
seven (7) -foot tall gamer fence will be installed for screening, in addition to vegetation. Ms. Aungst
shared no lighting will be required, after construction, and she described the surrounding uses
and the nearby residences. She shared access will be on County Road (CR) 48.5, with an
unpermitted access point which will traverse the parcel to the north of the subject property, which
is under the same ownership, although an easement may be required for this crossing, either now
or in the future, if ownership changes. Ms. Aungst explained the applicant will be required to obtain
an Access Permit for the access onto CR 48.5. She shared staff sent Notice to six (6) surrounding
property owners (SPOs), but no responses were received. She relayed the proposed uses for the
area can support the development, and the Conditions of Approval (COA) and Development
Standards (DS) will assist in mitigating the impacts of the facility on the adjacent properties and
its compatibility with the surrounding land uses. Ms. Aungst stated the site is located within the
Coordinated Planning Agreement areas for the Towns of Johnstown and Milliken, and both
CC : Pt- (Tr/MN /DA)
11/16/22.
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HEARING CERTIFICATION -ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC (USR22-0022)
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municipalities wish to annex the site. She shared the applicant landowner is potentially interested
in annexation but would like to time to consider the option. Additionally, she stated items
discussed with Johnstown will be on the plat and no pre -annexation agreements were requested.
Ms. Aungst stated the site meets Medium Intensity / Density Development (MDI) and Greenway
areas and is located within the three (3) mile referral areas of both towns. She shared, per the
Development Review staff, the applicant shall obtain an Access Permit for the proposed access
onto CR 48.5, which is a local, gravel road requiring 60 feet of right-of-way, with 210 vehicles per
day and 17 percent trucks. She explained traffic information submitted with the application
indicated construction traffic will be ten (10) to 15 vehicles per day, of which, two (2) may be heavy
vehicles, and the operation traffic will be two (2) to four (4) vehicles per year. Ms. Aungst stated
a Road Maintenance Agreement will be required, including, but not limited to, dust control and
damage repair to specified haul routes, a Drainage Narrative has been submitted which identifies
an exception from the requirement of stormwater detention. Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record as written and displayed images of
the site and surrounding views.
Lauren Light, Department of Public Health and Environment, relayed since there are no
permanent employees at the site, water and sewer are not required, screened portable toilets
may be used during construction, Development Standards #22 - 27 address Environmental Health
items, and staff has no outstanding issues with the request.
Zach Bramner represented the applicant, described the project, and explained the support of
electricity the project will produce. He stated a local construction company will be utilized, with
about 25 employees at the site during construction, which is anticipated to last approximately four
(4) months. He shared a local shepherd with approximately 500 sheep will be utilized for land
maintenance and vegetation mitigation. Mr. Bramner stated they are partnering with the Audubon
Society to plant a pollinator habitat which will partially surround the project area. He shared a drip
irrigation system will be installed which will allow the applicant to retain existing water rights, and
provide sheep forage. He shared, once the system is built, there will be minimal traffic, and no
impacts on stormwater flows. Mr. Bramner described the panels, which are treated with
anti -reflective coating, to reduce glare. Additionally, the panels will store at five (5) — ten (10)
degrees, which will reduce the risk of glare to neighboring properties and highway traffic. He
shared the life of the project is a minimum of 20 years, with a maximum up to 35 years. He relayed
a Decommission Plan will be submitted, according to Weld County guidelines, and panels will be
recycled at the end of the project. He shared a Joint Development Agreement will be finalized for
the future mineral development on the 20 -acre portion of the landowner's property to the north of
the site and described the anticipated screening. In response to Chair James, Mr. Bramner
relayed the current access to the Johnstown sewer plant will continue. In response to Chair
James, Mr. Bramner confirmed the irrigation tape will maintain a healthy stand of vegetation which
the sheep will graze on. In response to Commissioner Moreno, Mr. Bramner explained when fully
tilted, the panels will stand approximately ten (10) feet in height, and at the bottom will be
approximately 18 inches.
No public testimony was offered concerning this matter.
El The Board discussed the COA and DS presented by staff, Commissioner Freeman suggested
insertion of the word "attempt" in Conditions of Approval #1.A, #1.B, and #1.D (address the
2022-2947
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HEARING CERTIFICATION -ARTHUR GRIFFITHS, C/O CBEP SOLAR 5, LLC (USR22-0022)
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requirements of the Notice of Inquiry (NOI) of the Town of Johnstown, the Front Range Fire
Rescue, and CDOT). Commissioner Freeman suggested removal of DS #15 and #16 (lighting).
The Board agreed to all of the aforementioned changes.
No public testimony was offered concerning changes made to the COA and DS.
='! In response to Chair James, Mr. Bramner indicated the applicant had reviewed, and agreed
to abide by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Saine moved to approve the request of Arthur Griffiths, c/o CBEP Solar 5,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0022, for
a Solar Energy Facility (SEF) 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 amended. The motion was
seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:24 a.m.
This Certification was approved on the 9th day of November, 2022.
BOARD OF COUNTY COMMISSIONERS
WE I.,D COUNTY, COLORADO
ATTEST: dailLoo to•�
Weld County Clerk to the Board
eputy Clerk to the Board
Scc3t K. James, Chair
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