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Home My WebLink About20182324.tiffHEARING CERTIFICATION DOCKET NO. 2018-77 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0047, FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A (AGRICULTURAL) ZONE DISTRICT - TODD G. MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC A public hearing was conducted on August 15, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: ci I hereby certify that pursuant to a notice dated June 22, 2018, and duly published June 27, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Todd G. McCormick, c/o Oak Leaf Solar XXIX, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0047, 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 indicated the site is north of County Road (CR) 36 and the parent parcel is adjacent to CR 35. She stated the proposed site is located within the three (3) mile referral area of the Towns of Milliken, Platteville and Gilcrest and she reported no concerns in the referral responses of these jurisdictions. Ms. Snyder explained 13 referrals were sent out and 11 responses were received without concerns or with suggestions which have been included in the staff recommendation. She stated no letters were received from surrounding property owners (SPO). Ms. Snyder explained the proposed two (2) megawatt DC Solar Facility will generate 3.4 million kilowatts annually, which equates to powering approximately 400 homes. She stated the facility will be located on a 13.3 -acre Subdivision Exemption lot, SUBX18-0025, owned by Todd McCormick. She mentioned the site accesses off CR 36, will be an unmanned facility, and will be serviced twice a year to maintain solar system components and landscaping. She indicated the facility will be monitored remotely through a data acquisition system and technicians will be dispatched as needed. She explained during the construction period as many as 20 people will be on -site per day. Ms. Snyder described neighboring properties and the proposed screening as related to adjacent residences and stated there are seven (7) USRs within one (1) mile of the site. Ms. Snyder reviewed the Weld County Code requirements for this proposed facility and stated they have been addressed by the applicant or included in the Conditions of Approval or PL.CmmhPI ), Tw(EP) , ERLLL'1 Eris 1- s sit> og/ofoI i$ 2018-2324 PL2570 HEARING CERTIFICATION - TODD G. MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC USR18-0047 PAGE 2 Development Standards. She described the proposed landscaping and the revegetation to commence after construction and she mentioned the applicant has proposed a wildlife -friendly fence, as recommended by Colorado Parks and Wildlife (CPAW). Ms. Snyder briefly described the compatibility of the facility with surrounding uses, displayed images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Conway, Mr. Choate acknowledged the revised language in Development Standard (DS) #21 concerning the requirement to utilize a Colorado registered engineer. Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and stated the access is from CR 36. He described the average traffic counts to include 168 vehicles per day with two (2) percent trucks, and stated the traffic narrative indicated construction traffic of approximately 38 daily round trips, and thereafter, fewer than one (1) monthly trip to the site. He indicated the Department of Public Works is requiring a Road Maintenance Agreement during construction and an Erosion Control Plan and Revegetation Plan prior to recording the final plat map. Mr. Pinkham presented the drainage and grading requirements. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the site will utilize portable toilets during construction. She stated DS #9-13 address Environmental Health items and there are no outstanding issues with this application. Mike McCabe, applicant, stated Xcel Energy awarded the Oak Leaf Firm with 13 Solar Garden projects around the state, including three (3) in Weld County. He described the first two (2) projects underway in Weld County and stated this is the third project. Mr. McCabe explained the proposed project is a communky Solar Garden, which allows businesses and residents to have the ability to participate in lower energy costs without having to install solar panels. He explained the majority of the consumers will be government entities and about five (5) percent will be provided to low-income customers. El No public testimony was offered concerning this matter. In response to Commissioner Conway, Mr. McCabe reiterated the company employs local engineers. Commissioner Cozad revisited discussion regarding Development Standard #21 and clarified engineers can be registered in multiple states. In response to Chair Moreno, Mr. McCabe indicated he has reviewed the Conditions of Approval and Development Standards and has no concerns. Commissioner Kirkmeyer discussed Condition of Approval (COA) #1.B and suggested amending the first sentence to read, "A Road Maintenance Agreement is required during construction at this location." She further requested the removal of "during construction" from the 2018-2324 PL2570 HEARING CERTIFICATION - TODD G. MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC USR18-0047 PAGE 3 end of the second sentence. In response to Commissioner Kirkmeyer, Ms. Snyder stated there is an existing Decommissioning Plan, to which Commissioner Kirkmeyer recommended it be included as a new COA #1.F. Again, in response to Commissioner Kirkmeyer, Ms. Snyder confirmed staff is requiring a Landscaping and Screening Plan. Commissioner Kirkmeyer recommended deleting COA #1.G.11 regarding tracking control and deleting COA #1.G.14 regarding on -site parking. Commissioner Cozad suggested adding language to COAs #1.C through #1.E to read, "... for review and approval by the Department of Planning Services." In response to Commissioner Cozad, Ms. Snyder stated the only additional landscaping is the planting of native grasses. Commissioner Kirkmeyer suggested amending DS #5 to remove the word, "existing," and add, "...in accordanance with the approved Landscaping/Screening Plan." She recommended adding a new DS #6 to require maintaining the Erosion and Revegetation plans, and a new DS #7 to require maintaining the Decommissioning Plan, both in accordance with the approved plans. She also suggested deleting DS #18 regarding the Road Maintenance Agreement. The Board agreed with all the aforementioned dianges. In response to Chair Moreno, Mr. McCabe indicated he reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. ,. „Commissioner Kirkmeyer moved to approve the request of Todd G. McCormick, do Oak Leaf Solar XXIX, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0047, for a Small Scale Solar Facility (2MW) 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 and entered into the record. The motion was seconded by Commissioner Conway, who commented that this is the applicant's third Solar Garden project in Weld County and he applauded the applicant for moving forward. Chair Moreno agreed with the comments made by Commissioner Conway. There being no further discussion, the motion carried unanimously, and the hearing was completed at 10:21 a.m. 2018-2324 PL2570 HEARING CERTIFICATION - TODD G. MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC USR18-0047 PAGE 4 This Certification was approved on the 20th day of August, 2018. BOARD OF COUNTY COMMISSIONERS WELL COUNTY, COLORADO ATTEST: ddeefet) jC.&o;4, Weld County Clerk to the Board BY: A YE[% �1.(l�I,iA&Gf.vtO, d Deputy Clerk t the Board Clerk t the Board APPROVED AS County Attorney Date of signature: 411-1 Ida Ste a Moreno, Chair % arbara Kirkmeyer,� o-Tem Mike Freeman 2018-2324 PL2570 ATTENDANCE LIST DATE: NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS CITY ST ZIP i C� -z D we� / 67,(o tZ.Y/11,g,ii-1C��e :y 4\(1 0;f� ei'5, �f�A JA`��`ti`r�e L Cn.n„ Z`k�Z� <- �-- `E" 1.t) Sc� C0 c�c�vA6. 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