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Home My WebLink About20194229.tiff HEARING CERTIFICATION DOCKET NO. 2019-127 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0050, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A (AGRICULTURAL) ZONE DISTRICT - TODD MCCORMICK, C/O OAK LEAF SOLAR 40 LLC A public hearing was conducted on October 2, 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, Jessica Reid 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: I hereby certify that pursuant to a notice dated August 30, 2019, and duly published September 4, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Todd McCormick, c/o Oak Leaf Solar 40 LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0050, for a Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Angela Snyder, Department of Planning Services, presented a brief summary of the proposal, and cited Weld County Code under which the solar facility is permitted. She stated the site is within the three (3) mile referral areas of the Towns of Milliken, Platteville and Gilcrest and noted 12 referrals were sent out and nine (9) agencies responded. She indicated 60 percent (60%) of the lot will be covered with solar arrays, mentioned USR18-0047 is on part of the site, and stated a request for a partial vacation of USR18-0047 had been received by the Department of Planning Services. She explained how and where the solar power will be used, and mentioned the facility will not be manned, but monitored remotely. She described the landscaping under the solar panels, the perimeter fence, the surrounding uses and the nearest residences. She stated the applicant is working with Anadarko Petroleum Corporation on a Surface Use Agreement, displayed images of site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Conway, Ms. Snyder repeated the service area of the solar power, and in response to Chair Kirkmeyer, she provided details about the USR lot sizes prior to and after the Recorded Exemption, and repeated the total acres covered by solar facilities. cc:PLCaS/TP3, Pc wCcmm/TJ), et-IC LL) 2019-4229 I o /aa i t 9 PL2711 HEARING CERTIFICATION - TODD MCCORMICK, C/O OAK LEAF SOLAR 40 LLC (USR19-0050) PAGE 2 • Mike McRoberts, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, stated the access is on County Road (CR) 36, and provided the daily roundtrips and average speeds. He indicated PW is requesting a Road Maintenance Agreement during construction, discussed acceptable tracking control measures, and presented the drainage and grading requirements. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and indicated there will be no employees onsite. She stated portable toilets are required during construction, and Development Standards (DS) #7-11 address Environmental Health items. • In response to Chair Kirkmeyer, Ms. Snyder clarified information about the Subdivision Exemption and Recorded Exemption lots. e Mike McCabe, Oak Leaf Energy Partners, represented the applicant and reiterated the energy will be used locally. He explained the need for a separate parcel is required by Xcel Energy, mentioned the proposed site is adjacent to an existing solar project, and indicated they would like to start construction in the spring. No public testimony was offered concerning this matter. In response to Commissioner Conway, Mr. McCabe stated they are working with surrounding property owner (SPO), Brady Miller, on his request for screening. Mr. McRoberts suggested adding "during construction" to Condition of Approval (COA) #1.C (Road Maintenance Agreement), Chair Kirkmeyer suggested adding a new COA #4.C (Landscaping and Screening Plan during construction). In response to Commissioner Moreno, Mr. McCabe indicated there will be no lights on the site. e In response to Chair Kirkmeyer, Mr. McCabe indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Mr. Miller, SPO, clarified his request was for permanent screening, not just during construction. After discussion by the Board and Mr. Miller, Chair Kirkmeyer suggested adding a new DS #4 (landscaping and screening) and moving the location of COA #4.0 (created previously) to be a new COA#1.C (Landscape and Screening Plan). In response to Chair Kirkmeyer, Mr. McCabe agreed to the changes made to the COA and DS regarding the landscaping and screening, and agreed to abide by the Conditions of Approval and Development Standards, as amended. Commissioner Conway moved to approve the request of Todd McCormick, do Oak Leaf Solar 40 LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0050, for a Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District, based 2019-4229 PL2711 HEARING CERTIFICATION - TODD MCCORMICK, C/O OAK LEAF SOLAR 40 LLC (USR19-0050) PAGE 3 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 Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:33 a.m. This Certification was approved on the 7th day of October, 2019. 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