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Home My WebLink About20223470.tiffHEARING CERTIFICATION DOCKET NO. 2022-90 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0025, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC A public hearing was conducted on December 21, 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, Diana Aungst Department of Public Health and Environment representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated November 15, 2022, and duly published November 18, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Arthur Griffiths, do CBEP Solar 7, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0025, 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. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, and described the sign posting and location of the site. She relayed 21 referrals were sent out, 14 were returned with comments, which are addressed through Development Standards (DS) and Conditions of Approval (COA), and seven (7) did not respond. She stated the site will be known as Griffiths #2 Solar Project, and described the footprint of the facility, lighting and fencing. Ms. Aungst explained a Lot Line Adjustment (LLA) is in the process for the second dwelling to the east and noted the change in the legal description due to the LLA. She described the construction phase, including the construction site staging area and the proposed final vegetation management, and relayed the applicant is working with the Audubon Society to plant pollinator habitats along the east, west and south fence lines. Ms. Aungst shared the application materials included a Decommissioning and Reclamation Plan, which complies with Section 23-4-1030.B.4 of the Weld County Code. She described the surrounding uses and residences, and stated staff sent out Notices to seven (7) surrounding property owners (SPOs); however, no written correspondence cr telephone calls were received. She explained the property is located within the Coordinated Planning Agreement area of the Towns of Johnstown and Milliken, both municipalities were sent a Notice of Inquiry (NOI), the cc: PL(TPMN / DA /DA ) .►/16/23 2022-3470 PL2848 HEARING CERTIFICATION -ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC (USR22-0025) PAGE 2 Town of Johnstown submitted a NOI on March 14, 2022, which expressed their interest in annexation, and listed four COAs, including a request for dedication of right-of-way, and a clearer identification of the 30 -foot sanitary sewer easement. She shared the Town of Milliken submitted their NOI on March 16, 2022, which stated their desire to annex the property. She relayed Zack Brummer of Cosmic Energy replied to the Town of Johnstown's request for annexation, and indicated the landowner is potentially interested in annexation, but wants time to consider his options. In the meantime, the facility will continue to be processed through Weld County, and the options discussed with the Town of Johnstown will be included on the site plan. Ms. Aungst stated the Town of Milliken was sent a similar response to their NOI, and staff reached out to both municipalities and confirmed neither town is requesting pre -annexation agreements. She relayed the site is located within the three (3) mile referral area of the Towns of Milliken and Johnstown and the City of Greeley. Ms. Aungst stated the site is located within the Future Land Use areas of both the Towns of Johnstown and Milliken. Additionally, the 2021 Johnstown Future Land Use Map identifies the site as High Density/Intensity (HDI) and Medium Density/Intensity Development (MDI), on the south and east boundaries, and she relayed the properties within 500 feet of the site are owned by the applicant. She shared, per the Development Review staff, the applicant has proposed a new access onto County Road (CR) 48.5, which is a local gravel road that requires 60 feet of right-of-way. She relayed the recent traffic counts of 210 vehicles per day, with 17% trucks, and reviewed the 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 operation traffic will be two (2) to four (4) vehicles per year. Ms. Aungst explained a Road Maintenance Agreement, will be required and the applicant has submitted an acceptable Drainage Narrative which includes a Stormwater Detention exception. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Chair James expressed concern on the County's ability to mitigate the total visual impact when applications are presented separately. Lauren Light, Department of Public Health and Environment, stated, since there are no employees at the site, a portable toilet for construction is adequate, and the water is provided for the sheep by the landowner who has an account with the Little Thompson Water District. She shared the Department has included typical on -site dust and waste items in the Development Standards (DS) and they have no outstanding concerns with the request. Rebecca Gallery, Cloudbreak Energy Partners, LLC, described the system, its location and its capacity of service, the construction, and the local benefits to the community, via scholarships and job opportunities. She stated there will be no permanent lighting and described the drip irrigation system which will assist vegetation growth for sheep grazing and shared they will also work with the Audubon Society on vegetation. Ms. Gallery stated there will be no emissions or odors, all panels have anti -reflective coating and there should be no noise. She relayed there are no adverse impacts to neighboring property values and the lifespan of the project is 20 — 35 years, with a Decommission Bond being established. She stated the panels are 76% recyclable glass and steel, and there is a 20 -acre portion of the site reserved for future mineral development. She displayed slides of project. In response to Commissioner Buck, Ms. Galley explained the customer subscription procedure and the credit issued on the Xcel statements, which is a savings of approximately five (5) to ten (10) percent. 2022-3470 PL2848 HEARING CERTIFICATION - ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC (USR22-0025) PAGE 3 In response to Commissioner Moreno, Ms. Galley explained the subscription may be utilized for anyone who is an Xcel Energy customer, across the state of Colorado. In response to Commissioner Buck, Ms. Galley stated the panels originate from Korea; however, the industry anticipates global providers in the near future. No public testimony was offered concerning this matter. El The Board discussed COA #1.C. (Little Thompson Water District) and added the word "attempt" to the sentence. The Board agreed to the aforementioned change. No public testimony was offered concerning the change to the COA. In response to Chair James, Ms. Galley 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 Arthur Griffiths, c/o CBEP Solar 7, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0025, 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 Saine. El Commissioner Freeman stated more attention needs to be placed on the collective land coverage in the same area of previous applications. Chair James suggested a comprehensive look at the placement and proximity of solar farms. Mr. Barker concurred. There being no further discussion, the hearing was completed at 10:40 a.m. 2022-3470 PL2848 HEARING CERTIFICATION -ARTHUR GRIFFITHS, C/O CBEP SOLAR 7, LLC (USR22-0025) PAGE 4 This Certification was approved on the 4th day of January, 2023. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: dayti3O�',;� Weld County Clerk to the Board eputy Clerk to the Board Sc�5tt K. James, Chair 2022-3470 PL2848 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY -OF RESIDENCE SPEAKING (YIN)? V1 Ud i) iU gill Vill i -. 111 ` 1L Yl4h4) ffial C0m a. G 4) S'4,-,-`�l, \ --1 \_ f',i `1, \ \p,,c --)'6i\ i<s),c\0.o I\ 6 1\ ed Q.' ik /I ‘,//0(-6i i'Ffr /i/ le/or-Law -(2.-L W4-Ziee-OZOPIIPZrelt(ea-- k Alliag €.bcz.c . G ,1k e✓ � o -I w��6 s-',. .,t u1Ufn s � � G .. r9 c�o1_ �� ,kp�c�-��a �cw. Y Vy1 Ceilen'bc(fh 1n 5-.)-,i3 w )1 cl+`f l si-yr CIs�•� a a�eC� A retleaJ Yi e G S2f, <O04 `�P`l7`(5' q g NI \Ke_T 'NJAS1'I k'lA 2`i5.S. 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