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Home My WebLink About20211223.tiffHEARING CERTIFICATION DOCKET NO. 2021-31 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0004, FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - WETCO FARMS, INC., C/O SUNSHARE, LLC A public hearing was conducted on May 12, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro -Tern Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine — EXCUSED Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Planning Services Department representative, Diana Aungst Public Works Department representative, Zackery Roberson Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated March 23, 2021, and duly published March 26, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of WETCO Farms, Inc., do SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale Solar Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Chair Moreno reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Saine being excused. la Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and described its location. Ms. Aungst relayed 17 referrals were sent out, nine (9) responded with no concerns or included issues that have since been addressed in the Conditions of Approval (COA) or Development Standards (DS). She explained the permit will encompass a 35 -acre parcel, and at full buildout the footprint of the facility will be 14 acres, with an interconnecting 12.47 kV line within the existing Xcel Energy easement. She described the number of solar panels and their size, and how they will track the sun to generate energy. Ms. Aungst explained this will be an unmanned facility, with routine quarterly maintenance; however, during construction there will be an average of 20 construction personnel, Monday through Saturday, from 7:00 a.m. to 6:00 p.m. She described the wood screen fence proposed along the southern border to screen three (3) residences, on -site storage during the construction phase, and explained the cc : PLCOA IT P), PW(Z R / OA), EH(LL) O-i' aI/al 2021-1223 PL2796 HEARING CERTIFICATION - WETCO FARMS, INC., C/O SUNSHARE, LLC (USR21-0004) PAGE 2 Decommissioning Plan. Ms. Aungst described the surrounding land uses, and stated the site is located within the three (3) mile referral area and the Coordinated Planning Agreement area of the Towns of Milliken, Platteville, Gilcrest and the City of Evans. She relayed the Town of Gilcrest submitted a Notice of Inquiry dated July 23, 2020, which indicated their desire to annex the property; however, Mr. Larry Lorentzen, Town Administrator for the Town of Gilcrest, also indicated the Town would need to provide services of snow removal and road maintenance, if the subject property was annexed, and the Town does not have the necessary funds in their budget to provide the services. Ms. Aungst noted the Town also requested a minimum setback of 400 feet along the State Highway 60 frontage, and indicated the applicant has provided a 500 -foot setback. She further stated the 2012 Comprehensive Plan Update Map for the Town of Gilcrest shows the site as Low -Density Residential and part of the Opportunity Area, and the areas adjacent to the intersection of County Road (CR) 42 and State Highway (SH) 60 are designated as Regional Commercial. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. Zackery Roberson, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, stated access off of CR 42 is approximately 1,300 feet east of SH 60, and an access permit will be required. Mr. Roberson stated the impacted section of CR 42 is paved, is designated as a Collector road with 80 feet of future right-of-way, and traffic counts show 811 vehicles per day, with 18% trucks. He stated PW is requesting the site have adequate tracking control and a Road Maintenance Agreement, for construction only. He relayed the site meets the drainage requirement, and stated if more than one (1) acre is disturbed, a Grading Permit will be required. Lauren Light, Department of Public Health and Environment (EH), stated since there are no permanent employees at the site, a screened portable toilet for construction will suffice. Ms. Light stated typical dust and waste items have been included, and DS #18 - 23 represent EH items. She relayed EH has no outstanding issues with the request. Amanda Mack, SunShare, LLC, described the family -owned business of SunShare, LLC, and its operation. She relayed this project is a 1.800 -megawatt Alternating Current (AC), 2.189 megawatt Direct Current (DC) project, reiterating the parcel size and usage, which is eight percent (8%) of the total parcel of 163 acres. Ms. Mack described the site layout and setbacks, and explained adjacent property owners had been contacted with no objections received. She described the proposed fencing and solar panels. She stated the site is not located within a residential neighborhood, described the parcel as non -irrigated, dryland farm ground with no existing water rights, and explained the benefits to dryland farms and the surrounding area. In response to Commissioner Buck, Ms. Mack explained one SunShare site was approved in December 2020, which has not yet been constructed, in addition to several others throughout the County. In response to Commissioner James, Ms. Mack confirmed the screening fence will be on the same post line as the game fence, facing the roadway, and the facility will be connecting to an existing power line. In response to Chair Moreno, Ms. Mack confirmed temporary lighting will be utilized during construction only. No public testimony was offered concerning this matter. 2021-1223 PL2796 HEARING CERTIFICATION - WETCO FARMS, INC., C/O SUNSHARE, LLC (USR21-0004) PAGE 3 In response to Commissioner Freeman regarding financing of a Decommissioning Plan, Tom Parko, Director of the Department of Planning Services, described the financial assurance as covered in the new section of the code, explaining once a Decommissioning Plan becomes effective, staff contacts the applicant to work out the details. Ms. Aungst confirmed deletion of DS #24 and #25 (lighting). Commissioner Freeman suggested deletion of DS #15 (Road Maintenance Agreement) which is for construction only, and concurrence with such deletion was confirmed by Mr. Roberson. The Board agreed to all of the aforementioned changes. In response to Chair Moreno, Ms. Mack, on behalf of the applicant, indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. El Commissioner James moved to approve the request of WETCO Farms, Inc., c/o SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0004, for a Medium Scale Solar Facility 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 Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 11:27 a.m. This Certification was approved on the 17th day of May, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dititiv Weld County Cerk to the Board BY: P . puty Clerk to the Board Steve hair Sco Perry L. 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