HomeMy WebLinkAbout20211635.tiffHEARING CERTIFICATION
DOCKET NO. 2021-41
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0007, FOR A MEDIUM SCALE SOLAR FACILITY OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CHARLES AND DEBRA BIRD, C/O NAMASTE SOLAR ELECTRIC, INC.
A public hearing was conducted on June 30, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem — EXCUSED
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 20, 2021, and duly published May 23,
2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Charles
and Debra Bird, do Namaste Solar Electric, Inc., for a Site Specific Development Plan and Use
by Special Review Permit, USR21-0007, fora Medium Scale Solar Facility outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
IR 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 James
being excused.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal,
to be known as the Long's Peak Community Solar Garden, and described the capacity of the
facility to be at approximately four (4) megawatts DC, which will be in the northern portion of
approximately 40 acres of land, with a 20 -acre executed leasehold area. Mr. Hall explained the
facility will be developed in two (2) phases, defined as the northern and southern areas, with an
overall fence footprint of approximately 16 acres, 14 acres of which will be impacted by the solar
array. He stated the facility will be unmanned, with a lifespan of approximately 30 years. During
construction, bottled water, handwashing units and portable toilets will be used, and storage
containers will be located onsite. He stated once in operation, the facility will produce energy
during daylight hours and will be visited on a limited basis for routine maintenance and inspection.
Mr. Hall explained the proposed improvements to the site, the maximum height of the panels and
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access, which will be from County Road (CR) 45 from the west or CR 62 from the north. He
relayed if the access roadway and proposed overhead power lines cross any adjacent parcel of
land, an access and utility easement will be required. Mr. Hall described the fence proposed
around the facility, which includes a matching gate, stated minimal emergency and site
identification signage will be installed, and relayed the current use of the site is agricultural
production, and will be reclaimed and restored as agricultural land upon decommissioning.
Mr. Hall shared the design of the detention pond and its location, and relayed 61 surrounding
property owners (SPOs) were noticed, the majority of which hold ownership interest in the
Greeley/Weld County Airport, likely hangar space. He stated one (1) email was received May 24,
2021, expressing concern of potential impact to aircraft and one (1) phone call was received, with
general questions, noting neither expressed concerns after their questions were answered.
Mr. Hall relayed 20 referrals were sent out, 13 responded, seven (7) did not, and he mentioned
the site is located within the Town of Kersey's Coordinated Planning Agreement (CPA) boundary,
which returned a Notice of Inquiry form, dated February 11, 2021, expressing no concerns and
no interest in annexation. He relayed the site is located within the three (3) mile referral area of
the City of Greeley and the Town of Kersey. A referral from the Community Development
Department of the City of Greeley, dated April 29, 2021, provided advisory comments, specifically
that the site is located within the City of Greeley's Long Range Expected Growth Area (LREGA),
and is identified as an Employment, Industrial, and Commercial Use. Mr. Hall described the
location of the site, pointing out the location of the Greeley/Weld County Airport on a map and
relayed the site is located, in -part, within a Special Flood Hazard Area, and the Greeley -Weld
County Airport Overlay District. He mentioned the Weld County Department of Planning Services
Floodplain Administrator referral, dated April 13, 2021, provided comments regarding
construction in the floodplain, along the Sand Creek, which are included as a Development
Standard (DS) and stated Flood Hazard Development Permit, #FHDP21-0008, has been issued
for this facility. He referenced the Greeley -Weld County Airport Authority referral, dated April 13,
2021, requesting Federal Aviation Administration (FAA) form 7460-1, be submitted, regarding
airspace and communications, in addition to a glare analysis, noting the applicant indicated both
items were submitted on April 23, 2021, and confirmation is pending. Mr. Hall described the
adjacent, unincorporated lands, USRs and land uses, and relayed the closest residence is 200
feet south of the facility, with the second closest residence being approximately 1,500 feet
southeast of the facility. Mr. Hall displayed a map depicting two accesses, stating there is an
additional access off of CR 45, which is more of an unimproved farm road. Mr. Hall entered the
favorable recommendation of the Planning Commission into the record as written, relaying the
Planning Commission expressed concern regarding the impact and reduction of production
farmland and had questions related to the adjacent floodplain and drainage design, which have
been resolved. In response to Commissioner Buck, Mr. Hall explained the facility has feeder lines,
which feed into distribution lines, but are not considered transmission lines and confirmed this will
be an Xcel Energy program. He stated the panels rotate on a central axis and are ten (10) feet in
height at a maximum, and displayed images of the site and surrounding views.
Melissa King, Department of Public Works, stated access is onto CR 62, which is under the
jurisdiction of the City of Greeley; therefore, the applicant shall contact the City of Greeley
regarding permitting. Ms. King relayed a Preliminary Drainage Report has been submitted and a
Final Report and Detention Pond Design, completed by a Colorado licensed professional
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engineer, is required prior to recording the USR map. She indicated the Drainage Report must
include a Certification of Compliance, stamped and signed by the professional engineer.
IE Lauren Light, Department of Public Health and Environment (EH), stated a portable toilet will
be used during construction and be removed after construction is completed. Ms. Light relayed
the typical dust and waste items have been included, stated DS #13 — #18 address EH items, and
relayed staff had no outstanding issues with this request.
Kyle Sundman, Namaste Solar Electric, Inc., stated this site is very similar to many other
solar facilities, described the holistic land management strategy, shared sheep will be used for
vegetation control, and explained the ground will be improved at end of the life of the project and
will be returned back to agricultural use. Mr. Sundman explained the lines will connect to existing
infrastructure on the west side of the property and, in response to Commissioner Buck, he stated
the Tier One panels come from all over the world, noting once the system is decommissioned
most of the panels can be recycled.
El No public testimony was offered concerning this matter.
Mr. Sundman stated they have no changes or corrections to the COA or DS.
The Board discussed the COA and DS as presented by Staff and in response to
Commissioner Freeman, Mr. Hall clarified, per the new code, Decommissioning and Reclamation
Plans will require the applicant to provide financial assurance to the County. Chair Moreno
inquired on COA#1.F.2 (landscaping), #1.F.10 (lighting), and #1.F.16 (drainage features), and all
were determined to be left in. The Board accepted the COA and DS as presented.
El In response to Chair Moreno, Mr. Sundman indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
El Commissioner Saine moved to approve the request of Charles and Debra Bird, c/o Namaste
Solar Electric, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0007, 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
presented. The motion was seconded by Commissioner Buck, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:32 a.m.
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HEARING CERTIFICATION - CHARLES AND DEBRA BIRD, 0/O NAMASTE SOLAR
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This Certification was approved on the 7th day of July, 2021.
BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to the Board
Deputy Clerk to the Board
WELOUNTY, COLORADO
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Steve Moreno, Chair
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