HomeMy WebLinkAbout20194922.tiffHEARING CERTIFICATION
DOCKET NO. 2019-129.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0054, FOR A MEDIUM SCALE SOLAR FACILITY (12MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - WESTERN EQUIPMENT AND TRUCK, INC.,
C/O SUNSHARE, LLC
A public hearing was conducted on December 11, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
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, Maxwell Nader
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated September 27, 2019, and duly published
October 2, 2019, in the Greeley Tribune, a public hearing was conducted on October 30, 2019,
to consider the request of Western Equipment and Truck, Inc., c/o SunShare, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0054, for a Medium Scale
Solar. Facility (12MW) in the A (Agricultural) Zone District. At said hearing, the matter was
continued to allow the applicant adequate time to make adjustments due to a change in the Public
Utility policy. Bob Choate, Assistant County Attorney, made this a matter of record.
a Chair Kirkmeyer 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 Freeman excused.
a Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
and stated the project is on an approximate 79 -acre parcel, which will be developed in three (3)
phases. He indicated the Recorded Exemption (RE) was conditionally approved on November
22, 2019, and stated the power will be delivered from the solar facility's transformer to the existing
Xcel distribution lines via an overhead connection. He stated, during construction, there will be 20
workers on the site for approximately 45 days, and once the site is operational, it will produce
energy during daylight hours, with one (1) to two (2) workers to perform quarterly maintenance.
He described the fencing materials, which comply with the Colorado Parks and Wildlife (CPAW)
standards, mentioned there is no lighting proposed and indicated there will be an emergency sign
posted at the entrance of the facility. Mr. Nader stated there will be a storage container onsite with
equipment needed for maintenance and described the Reclamation Plan after use of the facility.
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He described the signage during phasing and noted the Department of Planning Services had not
received correspondence from any surrounding property owners (SPO). He stated 12 referrals
were sent out and seven (7) agencies responded, and indicated the site is located within the three
(3) mile referral areas of the Towns of Milliken and Gilcrest and the City of Evans, who requested
the applicant consider a pre -annexation agreement. He presented images of the site, including
outlined city limits and lines indicating boundaries before and after the Recorded Exemption. He
stated the surrounding zones are primarily agricultural and described the surrounding USRs. He
entered the favorable recommendation of the Planning Commission into the record as written and
presented images of the site and surrounding views. He stated there is a home located on Lot A,
which is south of the property and in response to Chair Kirkmeyer, Mr. Nader confirmed the
request was for one (1) USR on two (2) separate lots. There was discussion concerning the
allowance of one (1) USR for two (2) lots and Mr. Choate clarified it had been done previously,
as long as there is no portion of lot that is not covered by the USR.
ia Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and explained the use of County Road (CR) 46 as the access for
phase one (1), and CR 31 for phases two (2) and three (3). He provided the traffic counts, average
speeds, and explained the vehicle trips per day correlating to the timeline of the project. He
requested a Road Maintenance Agreement (RMA) during construction, stated the applicant meets
an exception for detention, and presented the drainage and grading requirements.
0 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated there will be no permanent employees at the site after construction,
therefore, no permanent water or sewer is required. She indicated a portable toilet and bottled
water is required during construction and Development Standards (DS) #11-15 address
Environmental Health items.
Robert Hayner, applicant representative from Sunshare, LLC, provided the history of the
company and outlined the process of creating the Recorded Exemption (RE). He presented a
PowerPoint Presentation (Exhibit D), and described the phasing of the project, which will increase
by one megawatt (MW) with each phase. In response to Commissioner Conway, Mr. Hayner
confirmed the solar facility will connect with an existing Xcel grid and stated majority of subscribers
are consumers in Weld County.
No public testimony was offered concerning this matter.
0 In response to Commissioner Moreno, Mr. Hayner reiterated there will be no permanent
lighting at the site and referred to the images included in his PowerPoint to explain the details of
the phasing, including the acreage and layout. In response to Chair Kirkmeyer, Mr. Hayner stated
the site was formally agricultural, and Craig Sparrow, property owner, explained he sold the water
rights of the property to the Central Weld County Water District (CWCWD), and in response to
Commissioner Conway, he confirmed the property was currently fallow and dryland. In response
to Chair Kirkmeyer, Mr. Hayner explained there will be very little disturbance at the site, aside
from the access road, and described the planned landscaping and screening. He clarified the
appearance of the CPAW wildlife fence, and stated there was no formal Landscaping and
Screening Plan; however, they would be willing to complete one. In response to Chair Kirkmeyer,
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Mr. Hayner stated the initial term of the proposed facility is 20 years; however, the "useful life" of
the facility would be 25-30 years and he affirmed their long-term lease with Mr. Sparrow.
In response to Chair Kirkmeyer's concern regarding the appearance that the applicant is
trying to evade the Weld County Code zoning regulations, Mr. Nader explained Staff's reasoning
for choosing to split the lots and have one (1) USR. Mr. Choate stated there is no prohibition of
one (1) USR over multiple lots and indicated he advised the Planning Department as he did, to
avoid the two (2) smaller facilities next to each other when they should be one medium facility.
Chair Kirkmeyer recessed the hearing.
12 Chair Kirkmeyer reconvened the hearing.
In response to Chair Kirkmeyer, Mr. Hayner explained they split the lot to comply with Xcel's
criteria requiring community solar facilities be on separate taxable parcels. He confirmed it is
Xcel's rule, not a State Statute, and defined a community solar lot as five (5) megawatts, or larger.
There was additional discussion and clarification concerning the community solar facilities, and
Chair Kirkmeyer stated she felt the applicant was attempting to evade the County's subdivision
regulations. Commissioner Conway clarified his understanding of the lot division, and after
reiterating the facts of the case, Chair Kirkmeyer asked the applicant if he would be willing to
accept a DS agreeing to never sell the lots separately. Mr. Choate agreed the inclusion of the DS
would be in the best interest of the County, and in response to Chair Kirkmeyer, Mr. Sparrow
requested the lots remain two (2) separate lots. After continued discussion regarding the
proposed standard, Mr. Sparrow stated he would agree to the DS — if the applicant would agree.
El In response to Commissioner Conway, Mr. Hayner stated they have a 20 -year term for the
community facility agreement with Xcel, and Chair Kirkmeyer clarified the lease could be
separated and sold; however, the parcels could not be. Mr. Choate recommended prohibiting
leasing separately, as well, preventing the of two (2) separate lease owners under one (1) USR.
There was discussion to clarify the standard, the separate leasing and divided parcels, and in
response to Commissioner James, Mr. Hayner clarified the difference between a community solar
facility and a utility solar facility, according to Xcel's requirements. Chair Kirkmeyer reiterated she
felt the applicant was trying to evade the requirements of the Weld County Code and explained
although she disagrees with it, it is the Board's job to mitigate the use.
Commissioner James stated he did not believe the applicant to be disingenuous, and
reiterated the Board's frustration with the parcel division. Chair Kirkmeyer summarized the criteria
which the applicant must meet for the Board to approve the case and explained they must
consider the totality of the parcel.
In response to Commissioner Moreno, Chair Kirkmeyer explained the process if the applicant
decided do two (2) USRs. In response to Commissioner Conway, Mr. Hayner confirmed, by
adding the aforementioned DS, it would not jeopardize the agreement with Xcel.
E Chair Kirkmeyer expressed difficulty finding how the use meets the intent of the
A (Agricultural) Zone District, as well as, difficulty mitigating the impacts to surrounding
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agricultural uses. Commissioner Conway cited Sections 22-5-130, 22-5-140.A (AE. Goal 1) and
22-5-140.A.5 (AE. Policy 1.5), stating the use is compatible with the Comprehensive Plan and the
intent of the A (Agricultural) Zone District, and used examples of other approved applications to
affirm his support of the application. Chair Kirkmeyer argued against Commissioner Conway's
statements, cited the Code, and stated the Use does not support rural character, does not commit
to viable agriculture in Weld County, and does not support the development of agriculture or
agricultural related activities. She cited Section 22-2-20.F (A.Goal 6) and reiterated the use does
not promote the development of the land and expressed difficulty seeing how the application
meets the intent of the A (Agricultural) Zone District. Commissioner Conway used the testimony
from the applicant to explain the adjacent feedlot may use the power from the solar facility. He
stated the subject site is dryland, and argued solar facilities can provide support for agricultural
facilities. Chair Kirkmeyer clarified the adjacent feedlot will be obtaining power directly from Xcel.
Commissioner James referenced Section 23-3-10 and stated the Use does meet the intent of the
A (Agricultural) Zone District. Commissioner Moreno recalled the approval of a similar use, as
mentioned by Commissioner Conway, and stated his support of the application.
Chair Kirkmeyer reiterated Mr. Pinkham's request to delete COA #1.A (requirements of the
City of Evans) and she requested further detail of the Landscaping and Screening Plan. There
was additional discussion concerning the landscaping and screening, and clarification of
COA #1.F.5 (Lighting) and COA #1.F.11 (tracking control). In response to Chair Kirkmeyer,
Mr. Pinkham stated the applicant is proposing three (3) accesses, and reiterated the location of
the accesses, Mr. Hayner explained they need three (3) accesses to accommodate the on -site
equipment, and Mr. Pinkham reiterated the traffic counts on CR 31. Commissioner Conway
clarified the accesses are geared toward the phasing of the project and questioned limiting each
access to construction of a specific phase.
:EI' In response to Commissioner Conway regarding DS #10 (Lighting), Mr. Hayner explained the
lighting on the site, and Commissioner Conway clarified the inclusions of DS #24 (staff access
onto property). Chair Kirkmeyer confirmed the addition of a new DS #3 with the language provided
by Mr. Choate prohibiting the parcels from being leased separately.
IR In response to Chair Kirkmeyer, Mr. Hayner indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
El There was no public testimony offered concerning the changes made to the Conditions of
Approval or Development Standards.
v� Commissioner Conway moved to approve the request of Western Equipment and Truck, Inc.,
c/o SunShare, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0054, for a Medium Scale Solar Facility (12MW) 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 James, and Chair Kirkmeyer reiterated her opposition of the motion. The motion
passed on a three (3) to one (1) vote with Chair Kirkmeyer in opposition. There being no further
discussion, the hearing was completed at 12:22 p.m.
2019-4922
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HEARING CERTIFICATION - WESTERN EQUIPMENT AND TRUCK, INC., CIO SUNSHARE,
LLC, (USR19-0054)
PAGE 5
This Certification was approved on the 16th day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
W,LD COUNTY, CQLORADO •
ATTEST: dititioGGc /,.,L ; k
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
arbara Kirkmey4'r, Chair
EXCUSED
Mike Freeman, Pro -Tern
SeaConway �J
K. James
Steve Moreno
2019-4922
PL2713
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