HomeMy WebLinkAbout20221563.tiffHEARING CERTIFICATION
DOCKET NO. 2022-41
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0007, FOR A SOLAR ENERGY FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR, LLC
A public hearing was conducted on June 15, 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 Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 11, 2022, and duly published April 13,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Willard
and Linda Owens, c/o USS Picadilly Solar, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR22-0007, for a Solar Energy Facility in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
e Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and described the sign postings, and she relayed the site is within the three (3) mile referral areas
of the Towns of Windsor and Severance; however, neither expressed concerns in their referral
responses. Ms. Snyder reviewed the request for a five (5) megawatt Solar Energy Facility on
26 acres, currently used for hay production. She explained the facility will include approximately
12,000 single -axle solar modules, 20 inverters and two (2) transformers, and the site will be visited
quarterly for maintenance of both equipment and vegetation. She stated no lighting is proposed
and access is onto County Road (CR) 23 at the existing, permitted access. Ms. Snyder explained
an Industrial Access permit will need to be obtained for this location. She relayed CR 23 is a
paved, collector road which requires 80 feet of right-of-way, the latest average daily traffic counted
2,125 vehicles per day, with 34% trucks, and the 85th percentile speed is 51 mph. She stated
during operation, there will be approximately three (3) round trips per quarter; however, during
the five (5) month construction timeframe, there will be a total of 70 vehicles (but not more than
four [4] round -trips per day). She relayed 100% of the traffic will travel north to access onto State
Highway 392, and a Road Maintenance Agreement is requested for dust control and damage to
specified haul routes. Ms. Snyder explained the applicant has submitted an acceptable Drainage
Narrative, in which a stormwater detention exception has been met, and a Grading Permit will be
required, if more than one (1) acre is disturbed. Ms. Snyder elaborated on the seven (7) criteria
for the approval of a USR, further explaining the proposed use of a solar energy facility is allowed
C C . PLCTP/101)
5/.1 /22
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HEARING CERTIFICATION - WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR,
LLC (USR22-0007)
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under the Weld County Code, Section 23-3-40.S, and will connect to the Xcel power grid. The
applicant has proposed Screening and Landscaping options for residences within 500 feet of the
facility, although some residences are choosing to waive their right to screening. Ms. Snyder
relayed the property is crossed by an irrigation ditch and the applicant is working with the ditch
company to establish an acceptable agreement, which will be added as a Condition of Approval
(COA). She explained there are ten (10) homes within 500 feet of the site, two (2) surrounding
property owners (SPOs) have responded to the notification, one (1) SPO is in favor of the facility,
the second SPO response received stated they obtain water from the irrigation ditch, which runs
through the subject property, and expressed concern an agreement has not yet been reached
regarding the potential impediment of the flow of water to his property. She explained the applicant
has agreed to produce an acceptable Decommissioning Agreement and Surety amount that
would be presented to the Board, 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.
El Lauren Light, Department of Public Health and Environment, relayed since there are no
full-time employees, screened, portable toilets may be used during construction, and removed
upon completion of construction. Ms. Light stated staff has included typical dust and waste items
during construction, Development Standards (DS) #13 - #18 address Environmental Health items,
and staff has no outstanding issues with the request.
El Michelle Simms, Project Developer, reiterated access is off CR 23, which meets all county
setbacks at the existing permitted point, and an Industrial Access Permit will be obtained prior to
construction. She explained connection will be directly into Xcel Energy's distribution lines,
producing enough electricity to power 1,125 homes, annually. Ms. Simms described the benefits
of a solar subscription, she relayed the site was last irrigated in 2005, and is currently used for
hay and alfalfa production. She described the construction process and routine maintenance visits
and explained the plan to upgrade the irrigation ditch pursuant to an Agreement with HCW
Properties. She explained the single access tracking modules, which are six (6) to eight (8) feet
tall and confirmed a farm field silo fence will be used for screening, which will be placed
approximately six (6) inches off the ground for the benefit of small animals. Ms. Simms shared
she hosted two (2) community meetings with surrounding property owners (SPOs), most of whom
agree with the landscape screening, or will waive screening. She explained multiple neighbors
have stated this use is preferred over any other uses. She explained the lease with the landowners
requires US Solar to decommission the site, a surety bond will be funded with the County, which
will be presented prior to recording, and the surety bond will be updated every five (5) years. In
response to Chair James, Ms. Simms explained five (5) megawatts is the rated capacity of the
system, which is the output at any given time, and kilowatt hours or megawatt hours are the actual
count of units put out to the grid. In response to Commissioner Buck, Ms. Simms relayed the
panels are Jinko Eagle Modules, from Jacksonville, which are produced overseas. In response to
Commissioner Moreno, Ms. Simms explained the Decommissioning Plan, which is the exact
opposite of the construction plan, stating most of the materials are recyclable, they have an
average 20 -year lifespan, and a majority of the materials can be repurposed and reused. She
further stated after the 20 -year use, the panels should be able to continue at 80% of the starting
capacity in year 30, so they will still have significant value and could potentially be purchased at
a lower cost and still receive the benefits of electric savings. In response to Commissioner Saine,
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Ms. Simms reiterated the agreement with Xcel is for 20 years, anticipated recycling will be more
advanced in 20 years, and stated most of the materials should outlive the lease.
William Welch, representing HCW Investments, explained their concern about the ditch
collateral, and stated they are asking the Agreement be tied to the land, not just the land lease.
Chair James explained the Board does not involve themselves between two private entities, and
deferred to County Attorney, Bruce Barker, who stated the Agreement should provide protection
during the life of the USR, and he recommended a separate agreement with the property owner
with conditions that provide for the future, once the USR is terminated. Mr. Barker explained the
Agreement should be a Condition of Approval.
In response to public input, Ms. Simms stated there is a plan being drafted to reroute the
ditch and US Solar is committed to ensure the pipe is not affected by the proposed design and
will fund the structure and relocation of the pipe to move the flow of water underground. She
stated they will reconnect with Mr. Welch and ensure the agreement is between the correct
parties.
In response to Commissioner Freeman, Ms. Snyder read the statement as written on the
referral from Xcel, stating approval is a requirement. Chair James asked for clarification on
Development Standard #5, and Ms. Snyder explained the height requirements as listed from the
Weld County Code. The Board agreed to all the Conditions of Approval and Development
Standards as amended.
No public testimony was offered regarding the addition made to 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 amended.
Commissioner Moreno moved to approve the request of Willard and Linda Owens,
c/o USS Picadilly Solar, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR22-0007, 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 Saine,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:38 a.m.
2022-1563
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HEARING CERTIFICATION - WILLARD AND LINDA OWENS, C/O USS PICADILLY SOLAR,
LLC (USR22-0007)
PAGE 4
This Certification was approved on the 29th day of June, 2022.
BOARD OF COUNTY COMMISSIONERS
WELCOUNTY, COLORADO
ATTEST: d,a>f4A);�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
t K. James, Chair
Milo Freeman, Pro-Tem
Perry L. Bk
Steve Moreno
Lori Saine
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