HomeMy WebLinkAbout20203728.tiffHEARING CERTIFICATION
DOCKET NO. 2020-82
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0029, FOR A MEDIUM SCALE SOLAR FACILITY (4.0 MEGAWATTS
[ALTERNATING CURRENT] AND 4.826 MEGAWATTS [DIRECT CURRENT]) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRYAN KUGEL LIVING TRUST,
GARY P. KUGEL TRUST, KAY KUGEL SACHS TRUST, TROY SKOGMO, PAULA R.
CARR REVOCABLE LIVING TRUST, AND CYNTHIA L. WALTERS REVOCABLE
TRUST, C/O SUNSHARE, LLC
A public hearing was conducted on December 23, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Melissa King
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated November 5, 2020, and duly published
November 11, 2020, in the Greeley Tribune, a public hearing was conducted to consider the
request of Bryan Kugel Living Trust, Gary P. Kugel Trust, Kay Kugel Sachs Trust, Troy Skogmo,
Paula R. Carr Revocable Living Trust, and Cynthia L. Walters Revocable Trust, do
SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0029, for a Medium Scale Solar Facility (4.0 MegaWatts [Alternating Current] and 4.826
MegaWatts [Direct Current]) in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
e Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
described the size of the lot on the quarter section and the services that will be provided.
Mr. Gathman relayed the applicant had submitted a Subdivision Exemption prior to the Code
change to define the 32 -acre lease area, which has been administratively approved by staff. He
stated the applicant is proposing an 8 -foot x 40 -foot, steel container to be used during construction
for storage of equipment and spare parts, explaining during construction a total of 20 full-time
employees will be onsite Monday through Saturday, from 8:00 a.m. to 5:00 p.m., and the
construction is anticipated to last approximately four (4) months. Mr. Gathman noted once the
facility is constructed, it will be visited on a quarterly basis for maintenance, or for emergency
maintenance, if needed. He described the Screening Plan, which initially proposed installation of
159 Rocky Mountain Junipers, relaying Planning Commission had concerns regarding the amount
of water required for irrigation and ongoing maintenance of the trees. Since then, the applicant
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2020-3728
PL2777
HEARING CERTIFICATION - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY
KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND
CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC (USR20-0029)
PAGE 2
has contacted the adjacent property owner regarding the Screening Plan, which has now been
modified to a six (6) -foot fence in place of the suggested trees, along with a 150 -foot setback
buffer between the solar panels and the residence on the west side of the site. He relayed a
Decommissioning Plan has been submitted, noted the decommission costs will be paid for by
salvage of used equipment and a decommissioning fund will be established. Mr. Gathman stated
there is no irrigation water associated with the property, the proposed solar panels would occupy
approximately 20 percent of the overall area and the remainder of the site will remain in dryland
agricultural production, unless water can be obtained, at which point a partial pivot irrigation
system would be installed. He described the surrounding permitted land uses, stating the site is
located within the three (3) mile referral area of the Towns of Gilcrest, Milliken and Platteville and
within the Cooperative Planning Agreement boundaries for the Towns of Milliken and Platteville,
neither of which were interested in pursuing annexation. Mr. Gathman displayed images of the
site and surrounding views. In response to Commissioner Moreno, Mr. Gathman confirmed the
adjacent solar farm is two (2) megawatts, but that is on a separate property.
la Melissa King, Department of Public Works, provided a brief overview of the transportation
plans and requirements, explaining the parcel has four (4) unpermitted, existing access points,
two (2) onto County Road (CR) 34 and two (2) onto CR 29, stating the applicant is proposing to
use one (1) of the existing accesses onto CR 34, close and reclaim the other access locations,
and obtain an access permit for the location that meets the minimum spacing criteria. Ms. King
stated, according to the Weld County Classification Map, CR 34 is a local gravel road, the latest
average daily trips on this portion of CR 34 counted 94 vehicles per day with 51% trucks, and the
85th percentile speed is 45 MPH. The traffic information submitted with the application indicates
that during operation there will be approximately two (2) passenger vehicles per quarter and
during construction, there will be approximately 20 passenger vehicle daily round trips and a total
of eight (8) to ten (10) delivery trucks, with approximately 100% of the traffic headed west.
Ms. King stated the Department of Public Works will require a Road Maintenance Agreement for
construction, including, but not limited to, dust control and damage repair to specified travel
routes. She further stated the applicant has submitted a Drainage Report that summarizes the
project's compliance with County standards for use with solar farm facility projects and if more
than one (1) acre is to be disturbed, a Grading Permit will be required.
IR Ben Frissell, Department of Public Health and Environment (EH), explained there will be no
employees stationed at the site after construction, so permitted water and sewer are not required;
however, a screened portable toilet is required during construction, to be removed upon
completion of construction, and the EH included typical dust and waste items and Development
Standards (DS) #17 — 22 address EH items. In response to Commissioner Kirkmeyer, Mr. Frissell
reiterated the portable toilets will be onsite during the construction phase only, and Mr. Gathman
clarified the Landscaping and Screening plan remains a requirement; however, the nature of the
plan (trees and irrigation vs. fencing) needs to be finalized.
IR Amanda Mack, Sunshare Development Manager, represented the applicant and presented
an overview of the company, stating Sunshare is the oldest community solar company in Colorado
and will be part of the Xcel Rewards Community Program. Ms. Mack presented an aerial view of
the vicinity, a site layout diagram and slides depicting images of the solar panels, along with views
2020-3728
PL2777
HEARING CERTIFICATION - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY
KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND
CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC (USR20-0029)
PAGE 3
of the site and surrounding area. Ms. Mack described the proposed Landscape and Screening
Plan, stating the site is non -irrigated, dryland and is not located within a residential neighborhood.
Ms. Mack explained the solar panels have a 30 to 35 -year life expectancy, and the land will be
reclaimed as dryland farming. Ms. Mack explained solar rental income provides stable, long-term,
steadily increasing income. Ms. Mack relayed Sunshare encourages community solar education,
targets subscription efforts locally and offers Weld County residents gift cards to Weld County
businesses up to $200. In addition, new subscribers can choose a Weld County organization for
Sunshare to donate $50 to $100 on behalf of that new subscriber. Ms. Mack explained they strive
to utilize local contractors and building materials and this project will be dedicated to the late
Mrs. Paula Carr as the Paula Carr Memorial Community Solar Project.
l--�- Graham Carr, Sedro-Wooley, Washington, property owner, explained the history of the
property ownership, described the possibility of irrigating the property and the stumbling blocks
met, which prevented bringing irrigation water onto the property.
e Barney Hammond, Greeley resident, clarified the correction to the referenced zoning of the
nearby facility, as presented by Ms. Mack in relation to the Industrial v. Agricultural Zone District.
IR Ms. Mack concluded her presentation, stating the proposal is in compliance with the Weld
County Code and Comprehensive Plan. In response to Commissioner Ross, Ms. Mack described
the terms of the agreement with the Platteville-Gilcrest Fire Protection District, and Mr. Gathman
described the referral from the Colorado Department of Wildlife related to a RedTail hawk nest,
which is .5 miles away.
E No public testimony was offered concerning this matter.
e In response to Commissioner Kirkmeyer, regarding financial assurance in the
Decommissioning Plan, Mr. Choate suggested adding language that would require a bond in
accordance with the Weld County Code. Responding to Chair Freeman, Ms. Mack stated they
have reviewed the Conditions and Development Standards and have no concerns. In response
to Commissioner Kirkmeyer, Ms. Mack confirmed the 4.8 megawatts will power an average of
950 homes with 12,012 panels, adding that Colorado has a better irradiance likely serving closer
to 1,200 homes. In response to Commissioner James, Mr. Gathman confirmed the Landscape
and Screening Plan will be reflected on the plat, as required by the Conditions of Approval. There
was extensive discussion on the Landscape and Screening Plan and the requirements thereof,
not just for the neighboring property owners, but for visual mitigation for all residents of Weld
County. Ms. Mack stated SunShare is willing to conform the Landscape and Screening Plan as
instructed. With regard to the Conditions of Approval (COA), the Board agreed to delete #1.C
(Colorado Parks and Wildlife recommendation) and COA#1.B (Platteville-Gilcrest Fire Protection
District referral). Following discussion, COA #1.D was amended to keep the first sentence and
delete the remainder with a new second sentence to read; "The applicant shall submit a detailed
maintenance plan for the proposed landscaping and screening onsite". Responding to
Commissioner Kirkmeyer, staff presented a new COA #1.E regarding the
Decommissioning/Reclamation Plan and financial assurance in the form of a surety bond, with an
2020-3728
PL2777
HEARING CERTIFICATION - BRYAN KUGEL LIVING TRUST, GARY P. KUGEL TRUST, KAY
KUGEL SACHS TRUST, TROY SKOGMO, PAULA R. CARR REVOCABLE LIVING TRUST, AND
CYNTHIA L. WALTERS REVOCABLE TRUST, C/O SUNSHARE, LLC (USR20-0029)
PAGE 4
amount to be determined by staff. In response to Chair Freeman concerning the unknown future
salvage value, Mr. Choate stated he believes the suggested language covers the financial surety
of the bond. Ms. Mack explained 80% of the panels are recyclable. Commissioner Kirkmeyer
suggested placing a period after "constructed" in COA #4.B. (Prior to Construction) removing the
balance of the sentence. Commissioner James suggested amending DS #8 to remove the
reference to a Communication Plan, deleting DS #14 (Road Maintenance Agreement) and
Commissioner Moreno suggested adding "during construction" after "vehicles" in DS #11. The
Board agreed to all the aforementioned changes.
In response to Chair Freeman, Ms. Mack stated they have reviewed, and agreed to abide by
the Conditions of Approval and Development Standards, as amended.
IR No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner James moved to approve the request of Bryan Kugel Living Trust,
Gary P. Kugel Trust, Kay Kugel Sachs Trust, Troy Skogmo, Paula R. Carr Revocable Living Trust,
and Cynthia L. Walters Revocable Trust, c/o SunShare, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR20-0029, for a Medium Scale Solar Facility (4.0
MegaWatts [Alternating Current] and 4.826 MegaWatts [Direct Current]) 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 Ross, and it carried unanimously. There being no further discussion,
the hearing was completed at 11:19 a.m.
This Certification was approved on the 28th day of December, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ) ..edoi4.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Mike Freeman, Chair
Sfeve oreno, P .-Tem
AVi
Sco . James
arbara Kirkm= er
Kevin D. Ross
2020-3728
PL2777
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