HomeMy WebLinkAbout20220344.tiffHEARING CERTIFICATION
DOCKET NO. 2022-13
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ESTROMINA CO GREELEY LAND, LLC
A public hearing was conducted on January 26, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro -Tern
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, Michael Hall
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 14, 2021, and duly published
December 17, 2021, in the Greeley Tribune, a public hearing was conducted to consider the
request of Estromina CO Greeley Land, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR21-0020, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made
this a matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal,
described equipment used, and noted this is the first solar energy facility to come before the Board
since adoption of the new Solar Regulations per Ordinance #2020-20, effective June 4, 2021.
Mr. Hall described the project as an approximately 27 -acre solar array, located in the center
portion of the 78 -acre parcel, which is currently half in fallowed row crop field and half untilled
fallow field and contains oil and gas production facilities. He relayed the Graham Seep runs
northwest to southeast along the western boundary of the parcel, the Greeley #2 Canal runs
northwest to southeast along the eastern boundary, and neither will be impacted by the solar
facility. He explained a temporary construction yard will be located south of the solar array, and
once in operation there will be no outdoor stockpiling, uncovered storage or waste areas, although
there will be two (2) storage containers located onsite during construction and during operation to
store spare parts, tools and equipment. Mr. Hall relayed three (3) temporary construction trailers
will be utilized and removed once the facility is operational. He described temporary equipment
for set-up, stated the site will be an unmanned facility, and no water or sewage disposal service
is proposed, but bottled water, handwashing stations, and portable toilets will be provided during
construction. Mr. Hall stated once in operation the facility will be visited on a limited basis for
routine maintenance, upgrades, and inspection. He described the eight (8) foot tall fence, which
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HEARING CERTIFICATION - ESTROMiNA CO GREELEY LAND, LLC (USR21-0020)
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will surround the facility for security, with wildlife friendly metal mesh material, including a
matching gate. He stated two light poles are proposed near the inverter banks and may be
manually activated during emergency maintenance activities, minimal lighting is required during
construction, and requisite emergency and fire identification signage will be installed. Mr. Hall
described the sign posting, noted 12 surrounding property owners were sent notice, and shared
no written correspondence was received, one (1) phone call was received with general questions
and no concerns. Mr. Hall relayed the following comments from the Department of Planning
Services, Development Review Engineer: the parcel has two (2) unpermitted access points onto
County Road (CR) 37, which are the proposed access points for the site, they meet minimum
spacing criteria, and access permits shall be obtained prior to construction. He relayed CR 37 is
a paved, collector road which requires 80 feet of, right-of-way, the latest average daily traffic counts
3,042 vehicles per day, with 11% trucks and the 85th percentile speed is 61 mph. Mr. Hall stated
traffic information submitted with the application indicated, during construction, there will be
approximately 50 daily passenger vehicle round trips and ten (10) daily delivery truck round trips.
He shared during regular operation of the project, there will be five (5) annual passenger vehicle
round trips and 100% of the traffic will travel to State Highway 392 and traffic control will be
required for the site and will be installed prior to construction. Mr. Hall stated a Road Maintenance
Agreement is required, including, but not limited to, dust control, and damage repair to specified
haul routes during construction. He shared the applicant has submitted a preliminary Drainage
Report, a Final Drainage Report stamped and signed by a Colorado Licensed Engineer is
required, and a Weld County Grading Permit is required, if more than one (1) acre is disturbed.
Mr. Hall stated the site is located within the three (3) mile referral area of the City of Greeley who
had no concerns, and the Town of Eaton, who did not respond. He relayed the site is not located
in a floodplain, geological hazard area or airport overlay area. He described surrounding USRs,
and stated the closest residence is 200 feet northeast of the subject parcel boundary and 770 feet
from the actual residence. Mr. Hall displayed a depiction of the construction yard, pointed out the
potential danger of grass fires, and relayed the applicant may, upon direction from the Board,
resubmit a Property Maintenance Plan. Mr. Hall 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, stated a screened portable toilet
can be utilized during construction to be removed upon completion of construction, typical on -site
dust and waste items are included in the Development Standards, and there are no outstanding
issues with this request.
Michael Redding, representative of the applicant, stated their excitement for the project,
explained this is a tracker -style project where the panels follow the sun, and relayed this project
will provide renewable power for the future. He described the facility, including underground
cables, the fencing, and their ability to meet the Development Standards as presented. He stated
the site will be accessed by an existing driveway, which will be improved with a new gravel
entrance. Mr. Redding elaborated on the Revegetation Maintenance Plan, which includes
quarterly maintenance and maintaining the grass at a lower level. In response to Chair James,
Mr. Redding confirmed past use of the site was haying, but there is no longer water on the
property.
No public testimony was offered concerning this matter.
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In response to Chair James, Mr. Redding requested the Crossing Agreement be stricken,
since they own the land, and the Board agreed to delete COA #1.H (Access).
The Board reviewed the Conditions of Approval, and Mr. Hall requested COA #1.C (Colorado
Parks and Wildlife referral), COA #1.D (New Cache La Poudre Irrigating Company referral) and
COA #1.E (Weld County Oil and Gas Energy Department referral), be stricken, as they have been
addressed. Chair James requested an amendment to COA #1.B (PDC Energy) to read: "attempt"
to address...". Mr. Hall requested a new COA #1.F (Property Maintenance Plan).
Commissioner Freeman questioned the Screening Plan, and there was some discussion
regarding installation of screening that makes the site less visible and less industrial looking.
Mr. Hall described a similar site on State Highway 14, which has berming elements and planting
of vegetation; however, much of it died due to lack of water. He referenced the
Landscaping/Screening Plan that the applicant submitted, and Mr. Redding elaborated on the lay
of the land, stated there are some industrial sites that are in view to the north of the proposed site,
and proposed a mesh material that goes over the galvanized fencing, which gives the wire fence
a green look and is an alternative for landscaped screening. After some discussion, this method
was agreed upon, installing only on the west side, along CR 37, facing the traveling public.
Mr. Hall stated this would be a new COA #1.E., "The applicant shall submit an updated
Landscaping and Screening Plan, for review and approval, by the Department of Planning
Services." and include a new Development Standard #15, to state: "The site shall be maintained
in accordance with the approved Landscaping and Screening Plan." Mr. Hall also requested the
addition of COA 1.F, regarding submittal of an updated Property Maintenance Plan, to include
seasonal grass and weed maintenance schedule. In response to Commissioner Freeman,
Mr. Hall explained COA #1.1.8 is for future installation of lighting for emergency use or
other incident that may arise. Commissioner Freeman suggested removal of DS #28
(Road Maintenance Agreement). The Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Mr. Redding 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 Estromina CO Greeley Land, LLC,
fora Site Specific Development Plan and Use by Special Review Permit, USR21-0020, fora 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 Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:33 a.m.
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This Certification was approved on the 9th day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: etA.A)zl----
scckt K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
EXCUSED DATE OF APPROVAL
Perry L. Buck
2022-0344
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