HomeMy WebLinkAbout20194781.tiffHEARING CERTIFICATION
DOCKET NO. 2019-134
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0059, FOR A SMALL SCALE SOLAR FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT - GARY MCCORMICK, C/O OAK LEAF SOLAR 42 LLC
A public hearing was conducted on November 20, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
:21, I hereby certify that pursuant to a notice dated October 14, 2019, and duly published
October 18, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Gary McCormick, c/o Oak Leaf Solar 42 LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR19-0059, for a Small Scale Solar Facility in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
.2 Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and indicated 12 referrals were sent out and there were no objections to the USR. She stated the
site is located within the three (3) mile referral areas of the Towns of Platteville, Milliken and
Gilcrest, and reviewed the referral from the Town of Platteville. She explained the applicant is
proposing a two (2) megawatt D.C. Solar Facility, on a conditionally approved 12.266 -acre
Subdivision Exemption (SE) lot, stated the distribution level system does not connect to a
transmission line, and explained the use of the energy from the solar facility. She referenced Weld
County Code Section 22-5-140.A.5 (AE.Policy 1.5) in support of the development and use of solar
energy, and summarized the requirements of solar facilities, as stated in Section 23-4-1030 of the
Weld County Code, in addition to the basic requirements of a USR. Ms. Snyder stated the property
is not irrigated, lies dormant, and will have a Colorado Parks and Wildlife (CPAW) approved fence
surrounding the site. She described the solar panels and landscaping, and indicated construction
will take up to four (4) months to complete. She stated there will be up to 20 people working on
the site, with up to ten (10) semi -truck loads per week. She indicated the site will be unmanned
and monitored remotely, once construction is complete. She displayed an image of a similar site
with a CPAW approved fence perimeter, and described adjacent lands, including residences. She
described the surrounding use, summarized the plans submitted with the application, and
presented images of the site and surrounding views. She entered the favorable recommendation
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2019-4781
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HEARING CERTIFICATION - GARY MCCORMICK, C/O OAK LEAF SOLAR 42 LLC
(USR19-0059)
PAGE 2
of the Planning Commission into the record as written, and in response to Chair Kirkmeyer,
Ms. Snyder indicated the solar facility is not permanent and is on a 30 -year lease. She explained
the SE was submitted concurrently with the application, and estimated the original lot to be
approximately 40 acres. In response to Chair Kirkmeyer, Ms. Snyder located the nearest adjacent
solar facilities on the displayed map and stated there is no intent to do back-to-back solar facilities
with the parcel immediately adjacent to the site. In response to Commissioner Conway,
Ms. Snyder clarified the Town of Platteville requested tracking control during and after
construction.
Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated access for the site is off County Road (CR) 38, which is under
the jurisdiction of the Town of Platteville. He indicated there were no traffic counts available and
referenced the traffic information submitted in the application, which approximated the annual
roundtrips to be five (5) to ten (10) vehicles, post construction. He presented the drainage and
grading requirements.
0 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and reiterated there will be no employees at the site after construction, therefore, they
can use portable toilets during construction. She indicated Development Standards (DS) #13-17
address Environmental Health (EH) items and mentioned there are no outstanding EH items. In
response to Chair Kirkmeyer, Ms. Light stated screening of portable toilets is not typically required
during construction, and Ms. Snyder provided clarification regarding the Decommissioning Plan.
0 Mike McCabe, Oakleaf Energy Partners, represented the applicant and stated the power will
be sold to Xcel Energy and generate enough energy to support 400 homes. He indicated the
project will be completed over a three (3) to four (4) month period, depending on the weather. He
clarified they do not intend to do a Recorded Exemption on the parcel.
No public testimony was offered concerning this matter.
Le In response to Chair Kirkmeyer, Mr. McCabe indicated he had reviewed and had no concerns
regarding the Conditions of Approval or Development Standards.
In response to Chair Kirkmeyer, Mr. McCabe described the fencing materials used for
screening, and confirmed there is no proposed landscaping for the project. He expressed there
had been no SPO concerns with screening and in response to Chair Kirkmeyer, Mr. McRoberts
confirmed COA #C.6 was a duplicate of COA #1.A (Final Drainage Report and Certification of
Compliance) and could be deleted. Chair Kirkmeyer suggested removing "landscaping and"from
COA #C.4 (Screening Plan) and DS #5 (Screening Plan), as a reflection of the previous
clarification from the applicant. Chair Kirkmeyer advised staff to consider requiring bonding for
future solar facilities to ensure removal of the panels. Chair Kirkmeyer requested adding a new
DS #20 for the screening and removal of portable toilets, and in response to Commissioner
Conway, Ms. Light confirmed the removal of portable toilets is a requirement of the Building
2019-4781
PL2721
HEARING CERTIFICATION - GARY MCCORMICK, C/O OAK LEAF SOLAR 42 LLC
(USR19-0059)
PAGE 3
Permit. After discussion concerning the referral from the Town of Platteville, the Board and staff
agreed to add a new DS #17 (tracking control on CR 38).
In response to Chair Kirkmeyer, Mr. McCabe indicated they reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
No public testimony was offered concerning this matter.
IR Commissioner Conway moved to approve the request of Gary McCormick, c/o Oak Leaf
Solar 42 LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0059, for a Small Scale Solar Facility 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 entered into the record. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:39 a.m.
This Certification was approved on the 25th day of November, 2019.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COL RADO
ATTEST: C J Gl , ✓i k
Weld County Clerk to the Board
air
bara Kirkmeyer, r
Mike Freeman, Pro-Tem
Sean
Steve Moreno
2019-4781
PL2721
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