HomeMy WebLinkAbout20211621.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 15, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch, Skip Holland, Sam Gluck, Butch White.
Also Present: Michael Hall, Department of Planning Services; Lauren Light, Department of Health; Melissa
King, Department of Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR21-0007
APPLICANT: CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
PLANNER: MICHAEL HALL
REQUEST: A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MEDIUM SCALE SOLAR FACILITY OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: E2W2SE4 SECTION 34, T6N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62, APPROXIMATELY 0.25 MILES WEST
OF CR 45.
Michael Hall, Planning Services, presented Case USR21-0007, reading the recommendation and
comments into the record. Mr. Hall noted that that one email was received from an individual regarding the
potential impact to aircraft, however, after explaining the proposed project the individual had no further
comments. One phone call was received who had general questions about the process but did not express
any comments about the proposed USR itself.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards included in the draft resolution.
In response to Commissioner Holland's inquiry, Mr. Hall stated that the land is irrigated. Mr. Holland asked
how staff judges the comparison between what appears to have a conflict with putting in a solar facility or
taking this irrigated land out of production. Mr. Hall replied that one of the things staff looks at is irrigated
land and added that they want to encourage and promote that in Weld County to be retained as much as
possible. However, with or without a USR the property owner still has the ability to sever those water rights
from the property. In this case, the property owner indicated through the application materials that in the
future the water would remain on the property so that it could be restored to agriculture in the future. He
added that it comes down to the highest and best use of the property and the property owner's ability to
request a USR for a specific use on the property. If the proposed project meets the requirements of the
Weld County Code, the Planning Department will support the project.
Commissioner Holland said that this site is located in a designated flood area and asked what would happen
to the solar panels if this site would happen to flood. Mr. Hall said that the applicant can reply on the
technical aspect if the equipment had failures due to flooding. However, the applicant has already gone
through the Flood Hazard Development Permit Process and obtained approval to build in this area.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kyle Sundman, Namaste Solar Electric, Inc., 888 Federal Boulevard, Denver, Colorado, stated that they
are proposing a medium scale solar facility on approximately 15 acres that will produce energy for 20 to 30
years. He said that they go above and beyond with seed mix to decrease any effects from runoff from the
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solar panels. He added that there will also be sheep grazing on site. Mr. Sundman stated that all these
panels are elevated off the ground about three (3) feet at full tilt. He added that in the floodplain
consideration those panels have been lifted to the base flood elevation.
Commissioner Ford asked if the landowners come to you or do you go to the landowners to select a site.
Mr. Sundman said that it varies but in this instance, he believes Namaste Solar pursued this property owner.
Mr. Ford said that he also doesn't like to see good irrigated farmland being covered up with solar panels
and with so much sandy soil in Weld County it is not productive for farm use. However, he understands
that all landowners have the right to do what they want with their property. Mr. Sundman said that it is hard
to find a property that meets a laundry list of criteria needed. He added that they go out and solicit but it
comes down to all those different criteria and the landowner having interest in utilizing their right to turn that
property into a host for a solar facility.
Commissioner White asked what assurances the property owner has that the equipment will be removed
at the end of the life span. Mr. Sundman said that the lease agreement includes a decommissioning plan
and added that there is an economic benefit for someone to recycle the panels.
Commissioner Hatch asked if there is a financial holding, that if Namaste doesn't exist in 20 years, that is
set aside to guarantee that decommission. Mr. Sundman said that whether or not Namaste is around in 20
years is irrelevant because the project company itself that is earning the cash flow from this project is around
for the duration and they are the ones who is obligated to the terms and conditions over the permit and of
the lease. Mr. Hatch asked if there is a monetary amount set aside to guarantee the decommission. Mr.
Sundman said that presently there is not a decommissioning bond, but it is a part of a conversation with
Weld County over the last 8 months. Through conversations there has been an agreed upon calculation
which is the amount of financial assurance that they would post as the developer and it would be the salvage
value of the equipment less the cost to decommission. He added that they are happy to do that calculation.
Commissioner Holland asked why a detention basin is required if they are installing solar panels. Ms. King
said that the soil on this site is such that it would be naturally impervious and so it will not infiltrate the same
way. Therefore, the solar farm guidance directs staff to have detention basins for the runoff so that they
don't cause a problem onto the neighbor's property. Commissioner Holland said that he would like to have
a discussion with Staff about whether they should be considering, as Weld County continues to grow and
develop, the impacts of these kinds of activities on the impact of the water quality of the natural waterways
of Weld County. He added that they should at least have an interface with the people from the Northern
Colorado Water Quality Advisory committee about this issue. Ms. King said that is a very astute point and
added that in County Code they do have water quality requirements that all detention ponds are subject to.
Mr. Holland said that major development over time will mean something to water quality and that impacts
all of the downstream.
Commissioner Stille asked how many panels are proposed on site and will there be any battery storage for
this site. Mr. Sundman said that there will never be batteries for this project; however, batteries are
becoming a more important piece of development of renewables in the future. He added that there are
10,000 panels proposed on this site.
Commissioner Gluck said that he hates to see irrigated farmland turned into solar as well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Cope said he is not crazy about irrigated farmland being used this way, however, he
understands that all it takes is for the farmer to say that the water rights are worth more and he will sell
them off so that can change in a heartbeat. He likes the idea of using a second purpose for feed for sheep
and trying to keep the idea of agricultural.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
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Motion: Forward Case USR21-0007 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Skip Holland, Seconded by Tom Cope.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope.
No: Sam Gluck.
Meeting adjourned at 1:17 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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