HomeMy WebLinkAbout20181157.tiffHEARING CERTIFICATION
DOCKET NO. 2018-35
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0004, FOR A SMALL SCALE SOLAR FACILITY (2 MW) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CHARLES ANDERSON, C/O OAK LEAF
SOLAR XXVIII, LLC
A public hearing was conducted on April 18, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Frank Haug
Planning Services Department representative, Angela Snyder
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated March 15, 2018, and duly published March 20,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Charles
Anderson, c/o Oak Leaf Solar XXVIII, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0004, for a Small Scale Solar Facility (2 MW) in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal and stated staff sent out nine (9) referrals and received no objections; furthermore, those
referral responses including conditions have been considered in the staff recommendation. She
provided the site location in relation to relevant County roads and the three (3) mile referral area
of the Town of Platteville, which returned a referral response indicating no concerns. Ms. Snyder
explained the 14.6 -acre Subdivision Exemption lot is separated from the rest of the property and
stated the solar facility will provide 3.4 million kilowatt hours annually, which translates to
electricity for up to 400 homes. She described the site as isolated and unmanned, monitored
remotely with maintenance planned for twice a year other than periodic landscape care. She
stated the applicant will have a temporary access for construction with the Farmers Reservoir and
Irrigation Company (FRICO) as they negotiate a long-term agreement. Ms. Snyder reviewed the
wildlife friendly fence, landscape maintenance, adjacent land uses, nearby transmission line,
nearest residences, and clarified no correspondence has been received from surrounding
property owners; however, a letter from Anadarko was received regarding a surface use
agreement. She displayed photos and entered the favorable recommendation of the Planning
Commission into the record as written.
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2018-1157
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HEARING CERTIFICATION - CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
(U S R 18-0004)
PAGE 2
• Evan Pinkham, Department of Public Works representative, had no comments.
• Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, stating access to the site is from County Road (CR) 36
and then utilizing ditch access roads. She stated the applicant will need to submit evidence of
permission to use the private ditch access roads. Ms. Balzano stated CR 36 is a local gravel road
with an average daily traffic count of 179 vehicles per day with 26% truck traffic. She reported the
applicant indicated during construction there would be an average maximum of 38 daily round
trips and once the site is operational, the maximum average decreases to two daily round trips.
She stated the Department of Public Works is requiring tracking control during construction, an
Improvements Agreement, and she clarified the site meets drainage exception 1.A.8 due to the
use not changing the imperviousness of the site. Ms. Balzano stated an Erosion Control and
Vegetation Plan is required prior to recording the plat.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating a portable toilet is acceptable during construction and Development
Standards (DS) #7-11 address typical Environmental Health items.
• Mike McCabe, applicant, displayed a PowerPoint presentation, marked Exhibit D, and
reviewed the company history, current projects in Weld County, samples of customers to include
school districts, low income residents, and the free subscription program. He explained the site is
considered a community solar garden, as not everyone wants solar on top of their roof or
business, and he explained how it works to benefit those who subscribe as they work in
conjunction with Xcel Energy. Mr. McCabe described the capacity and in response to
Commissioner Conway stated it would provide electricity to 400 homes and to date, 80% of the
subscribers are in Weld County.
El No public testimony was offered concerning this matter.
• In response to Chair Pro-Tem Kirkmeyer, Mr. McCabe stated he has reviewed the
Conditions of Approval and Development Standards and requested a waiver from the requirement
for an Improvements Agreement.
• Commissioner Freeman recommended amending Condition of Approval #1.A to require the
Improvements Agreement during construction only. Chair Pro -Tern Kirkmeyer suggested adding
the words, "...for review and approval prior to..." to COA #1.C, and creating a new COA #1.D
requiring the applicant to submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval prior to recording the USR map, and adding the words, "in
accordance with the approved Landscape/Screening Plan" to DS #5. She further suggested a
new DS #6 requiring the operator to maintain compliance with the Erosion Control Plan and
Vegetation Plan. Commissioner Freeman recommended deleting COA #1.E.5 and DS #12
concerning lighting. Ms. Balzano interjected to delete COA #6.A concerning construction
drawings. Lastly, Chair Pro -Tern Kirkmeyer suggested deleting DS #15 and #17 for the on -site
parking and Improvements Agreement. The Board agreed to all the aforementioned amendments.
2018-1157
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HEARING CERTIFICATION - CHARLES ANDERSON, C/O OAK LEAF SOLAR XXVIII, LLC
(USR18-0004)
PAGE 3
• In response to Chair Pro-Tem Kirkmeyer, Mr. McCabe indicated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Conway moved to approve the request of Charles Anderson, do Oak Leaf
Solar XXVIII, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0004, for a Small Scale Solar Facility (2 MW) 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 Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:23 a.m.
This Certification was approved on the 23rd day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dlow p,• �
xJ., EXCUSED
Steyr More o, Chair
Weld County Clerk to the Board
USED DATE OF APPROVA
arbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board • R �� S_�
Sean P. Conway
APPROVED AS T
7
ounty A orney
Date of signature: 05-10 -ISM
Mike Freeman
1
3
2018-1157
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