HomeMy WebLinkAbout20161563.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 3, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12:34 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Nick Berryman, Terry Cross.
Absent: Michael Wailes.
Also Present: Kim Ogle, Michelle Martin, and Tom Parko, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Janet Lundquist, Department of Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 19, 2016 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2015-27 REVISED
PRESENTED BY: MICHELLE MARTIN
REQUEST. IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2015-27, reminding the Planning Commission
that this case was continued from the April 19th Planning Commission hearing. Ms. Martin briefly described
the three categories for solar facilities as presented at the April 19th Planning Commission hearing and
provided a handout of the suggested changes from the Planning Commission.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Marcarelli, Silicon Ranch Corporation, 150 3rd Avenue South, Nashville, Tennessee, stated that there
is no way you can site a 30 megawatt plant on 80 acres. He said that from the last meeting there was
consideration of upwards to a half section of property for 30 megawatts. If it is going to be defined by the
power generating capacity, he encouraged a revision of having the land commiserate with the capacity
standard. He reminded the Planning Commission that the standard is 10 megawatts per one (1) acre.
Commissioner Sparrow referred to the panels existing today and asked how much energy is captured. Mr.
Marcarelli said the efficiencies range from plus/minus 17 to 20 percent on a given module. He added that
they have seen some efficiencies in the technology; however in the past 15 years they have achieved 1.5
to 2 percent efficiency bumps in the panel technology.
Commissioner Cross said that it is quite a leap to go from 80 acres to 320 acres and feels that there will be
some resistance from surrounding property owners when it goes through a USR process.
Mr. Marcarelli handed out a visual layout of a site with 13 megawatts on a quarter section of land. He said
that on any given tract of land in Weld County there are existing wells, agreements or prescriptive
easements for oil and gas, which make it difficult to site a solar facility.
Commissioner Sparrow asked why the County would be concerned with how efficient a facility is when we
should be worried about land use. Commissioner Jemiola agreed and said that he doesn't want to put a
limitation on megawatts. He added that we should regulate the amount of land a facility would occupy
rather than production of the site. Mr. Jemiola said that the only thing we need to take into consideration
are the transmission lines and how large those are. He added that for the small and medium solar facilities
he doesn't want to regulate the efficiency or the power generated on the site. Mr. Marcarelli clarified that
their projects are at distribution level and serving United Power or Poudre Valley and added that these are
not transmission level projects.
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Commissioner Jemiola said that the State makes mandates to energy providers and doesn't want to add
more regulation. He would like to see the wattage removed and regulate the facilities by the size of the
land.
Commissioner Sparrow clarified if Mr. Marcarelli is asking to eliminate the 30 megawatts or increase the
acreage limit. Mr. Marcarelli said he is requesting to increase the 80 acres size. If the spirit of the code
changes is to allow distribution solar at 30 megawatts or below, they would like to request that the land
allowed for that be enough to accommodate the facility. Mr. Sparrow asked what he thought about the idea
of limiting it to just 80 acres. Mr. Marcarelli said that it would then be limited to an eight(8)megawatt facility.
Mr. Sparrow said that they would be moved to the next level then. Mr. Marcarelli said that it would be a
much more onerous process at that level.
Commissioner Johnson said that the purpose is land use. In his opinion, he said that he doesn't care about
the technology and is more concerned with the impact to the neighborhood. He added that an 80 acre farm
is a large piece of ground, especially when it is located in the irrigated areas and near rural residences;
however it may not seem large when it is located on rangeland. He believes it is important to look at the
site impact to the neighborhood and added that 80 acres is a substantial impact to the neighborhood. Mr.
Marcarelli said that the USR process allows any issues that impact the community to be revealed and there
would be an opportunity for public comment.
Commissioner Johnson asked Ms. Martin to explain the 1041 process versus the USR process. Ms. Martin
said that in terms of time frame, it is the same as a standard USR. The difference is just in the application
submittal materials, such as alternative locations and some environmental factors. Bruce Barker, County
Attorney, said it also provides for additional mitigation measures as well as notice requirements. Mr.
Marcarelli said that the application preparation for a 1041 Permit is a longer process than a USR application.
He added that it might take a year to prepare the 1041 application to bring it to Weld County and it would
not serve the needs of their project partners and the members and bringing energy onto the system in a
timely fashion.
Commissioner Johnson asked if Weld County can find efficiencies in the 1041 process. Mr. Barker said
that he hears it doesn't serve them but reminded the Planning Commission that you serve the people of
Weld County in a land use sense and you need to ask if that greater review is necessary to take care of the
needs of your constituents.
Commissioner Jemiola said that we need to establish the size and scope of this project in terms of land.
He asked if the Planning Commissioners want to retain the megawatts as a limit. Commissioner Sparrow
stated that he has an opinion but would like to hear the rest of the public comments.
Dean Hubbuck, United Power, 500 Cooperative Way, Brighton, Colorado, said that there is a contradiction
between the size of the capacity and the land.
Mr. Hubbuck said that wherever they site these facilities they have to use it right there on their distribution
system so whatever they have built in Weld County will be served within their substations areas that they
have. With limiting the acres to the larger projects (30 megawatts) you need to consider that there will be
multiple sites rather than a large parcel.
Commissioner Johnson clarified if it is more efficient to build a 30 megawatt facility than three 10 megawatt
facilities. Mr. Hubbuck replied yes and added that all the equipment can be located in one area rather than
three separate areas. Additionally,the cost of the equipment could be considered as there are price breaks
that they can pass along to their members and citizens. Commissioner Jemiola added that they would only
come through the process once.
Commissioner Smock said that 320 acres is a lot of property and added that she can understand solar
facilities being located on 15, 20 or 80 acres but expressed concern taking out 320 acres of agricultural
production for solar. She said that the wind farms are entirely different because the towers are spread out
and the cattle can graze and you can still farm around them
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Commissioner Stille said it seems that we need to add another level. He suggested removing the megawatt
limitation and setting the acreage limits at 25 acres, 80 acres, 160 acres and 320 acres. He added that
anything over 320 acres would require a 1041 Permit process. Mr. Hubbuck said it is important to see at
what power level we take this delivery at. He added that the large scale solar has been delivery at the
transmission level,whereas the distribution system you need to have the utility who is able to use this power
locally.
Dave Kisker, 6681 Apache Road, Johnstown, Colorado, said that because this is a land use issue we don't
want to specify production and instead limit the area. The USR does allow public input as well as other
criteria that must be met, such as supporting agricultural land. He said that one way to resolve it is by
having multiple levels of land sizes, as Commissioner Stille suggested. Another way is to consider
acknowledging that agriculture is not the same as industrial and have size limits that are different on
agricultural land versus industrial land and still be within the USR process.
Commissioner Johnson asked how he would feel about putting a solar facility west of where he lives now.
Mr. Kisker said that he previously had a residential solar system installed and never had traffic, odor, noise,
and dust issues. In his opinion, if it had been 260 acres of solar rather than what is proposed it would be
much better. He added that with proper screening you can easily reduce the impact to the neighbors.
The Chair asked the Planning Commissioners for their thoughts.
Commissioner Johnson suggested changing the small scale solar facility to a Use by Right up to 20 acres.
Mr. Johnson inquired if they should create a category for irrigated and non-irrigated land. Commissioner
Jemiola agreed; however he feels that they would sell the water rights and then it's no longer irrigated. Mr.
Johnson suggested that the medium scale solar facility would be a Use by Special Review (USR) up to 80
acres in the agricultural zone district and up to 160 acres in the industrial zone district. Additionally, the
large scale would include anything over those acres.
Commissioner Stille believes that there should be four (4) levels as he previously commented. He feels
that they are unable to make a decision today based on the information they received. He added that it
should be rewritten and expressed that we need to do it right.
Commissioner Cross doesn't disagree with the staff recommendation. He believes that trying to get a USR
passed on 320 acres will be virtually impossible because there will be such an outcry from surrounding
properties. He added that he could possibly see a forth designation for the transmission type situations.
Mr. Cross said he is in favor of staff's recommendation.
Commissioner Hansford said that he missed the first hearing on this; however he did read the minutes and
reviewed the material. He believes that 320 acres is a bit much and is more inclined to go with the 80 to
160 acres for the medium scale solar facilities.
Commissioner Berryman said that he would support the small scale solar facilities as a Use by Right up to
30 acres either in industrial or agricultural zone districts. He also agreed to remove the megawatts as it
over complicates it. With regard to the medium scale solar facility, he added that he would be comfortable
with allowing it up to 320 acres in the industrial zone district as a Use by Special Review; however allowing
only 160 acres in the agricultural zone district under the Use by Special Review process. The remainder
would fall under the 1041 Permit process.
Commissioner Smock is in favor of removing the megawatt capacity. She said that would be very opposed
to having 320 acres of solar panels close to her property because it is agricultural land. She added that
320 acres is too much land for these facilities.
Commissioner Sparrow agreed to removing the megawatts and deal with land size. He doesn't want to go
any bigger than 16 acres in the small scale solar and would be comfortable taking the Use by Right down
to 10 acres. He likes the proposed limit of 80 acres because above that it is a lot of land.
Commissioner Jemiola said that if it is going to have 115kV or higher it should be a 1041 Permit process.
He said that their purpose is to make sure that the community is not substantially impacted by a major site
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like that. He is in favor of the USR process even for the smaller sites; although he felt that there should be
some kind of acreage established for a Use by Right.
Motion: Delete the capacities for production on all of the categories, with exception to the transmission
lines, Moved by Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Nick
Berryman, Terry Cross.
The Chair referred to the suggested four categories of small, medium, large and major (more than 320
acres or more than 115 kV transmission line) and asked for discussion. Commissioner Johnson said that
our only options are Use by Right, USR or 1041 process so we only have three alternatives.
Motion: Amend the Small Scale Solar Facility definition to allow solar facilities as a Use by Right in both
the Industrial and Agricultural Zone Districts up to 20 acres in size, Moved by Bruce Johnson, Seconded
by Terry Cross.
Vote: Motion passed (summary: Yes = 7, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Gene Stille,Jordan Jemiola,Joyce Smock, Nick Berryman,Terry
Cross.
No: Bruce Sparrow.
Commissioner Sparrow doesn't disagree with the Use by Right but is concerned that the size is a little large
for a Use by Right. He is more comfortable with 10 acres in size as a Use by Right.
Motion: Amend the Medium Scale Solar Facility definition to allow solar facilities as a USR(Use by Special
Review)up to 80 acres in the irrigated Agricultural Zone District and 160 acres in the Industrial Zone District,
Moved by Bruce Johnson. Motion failed due to lack of second.
Motion: Amend the Medium Scale Solar Facility definition to allow solar facilities as a USR(Use by Special
Review) up to 80 acres in the Agricultural and Industrial Zone Districts, Moved by Bruce Sparrow,
Seconded by Terry Cross.
Vote: Motion passed (summary: Yes = 7, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola,Joyce Smock, Terry
Cross.
No: Nick Berryman.
Commissioner Berryman believes that 80 acres is an insufficient size to be a viable project without having
to go through a 1041 process. He would rather see greater acreage as he previously stated.
Motion: Add a Major Scale Solar Facility definition to require a 1041 process for more than 320 acres and
the Large Scale Solar Facility would be less than 115 kV for transmission lines and up to 320 acres, Moved
by Jordan Jemiola, Seconded by Gene Stille.
Commissioner Jemiola and Commissioner Stille rescinded their motions.
Motion: Add a Major Scale Solar Facility definition to require a 1041 process for more than 320 acres and
115 kV or greater for transmission lines, Moved by Jordan Jemiola, Seconded by Gene Stille.
Commissioner Johnson asked to clarify if this process is included in both the agricultural and industrial zone
districts. Bob Choate, County Attorney, clarified that the 1041 process is not limited to a zone district;
therefore you do not need to designate the zone district. Commissioner Johnson asked why a designation
of a major solar facility is required in this circumstance. Commissioner Jemiola said that Commissioner
Stille suggested a 4th category and this is to accommodate that. He added that he believes a major facility
also has to do with the transmission line.
Commissioner Sparrow said that before the vote is called he would like to have some idea of what we are
going to call the category below it. Commissioner Jemiola said that this is adding a category at the end
rather than the middle and added that it would be a 1041 for a major solar facility and it maybe that for a
large solar facility as well. He said that he just wanted to add a category and stipulate the criteria.
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The Chair called for the vote.
Vote: Motion failed (summary: Yes = 3, No = 5, Abstain = 0).
Yes: Benjamin Hansford, Gene Stille, Terry Cross.
No: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman.
Commissioner Sparrow said that he doesn't disagree with the motion but doesn't understand what the
criteria will be in between the medium and major solar facilities.
Commissioner Smock said she is unclear with where this is going.
Commissioner Berryman said he would rather see three (3)categories than four(4)categories.
The Chair asked if the Planning Commissioners had any ideas of criteria for the large scale solar facilities.
Mr. Barker said that the three (3) categories were chosen because there are currently three (3) types of
processes. He reminded the Planning Commission that they have set the small scale solar facility as a
Use by Right and the medium scale solar facility as a USR permit. He added that now the question is what
the trigger is for the next phase, which would be the 1041 permit process.
Commissioner Johnson said that so far we have established the area in the small and medium scale solar
facilities and therefore the next step would be a 1041 process for anything over 80 acres in size.
Commissioner Stille is not comfortable with having a 1041 process for over 80 acres based on testimony
given by the public since it is the most difficult process. Commissioner Johnson feels that 320 acres is just
too much of an impact to surrounding properties.
Commissioner Stille said that we want to make business in Weld County a lot easier than having to do a
1041 process. He feels that anything less than 320 acres we should want to encourage business. He
added that solar is going to be the wave of the future and wants to make sure we get this right and at the
same time enhance business opportunities in Weld County.
Commissioner Cross said that there was discussion of whether this should be for distribution or
transmission purposes. He asked how many 320 acres site we need in Weld County if they are going to
support the oil and gas industry. He felt that the distribution sites are more of what the industry is speaking
to.
Commissioner Hansford said that this has gotten more complicated than it needed to be. He would like to
see the medium scale solar facility allowed up to 320 acres as a USR permit and anything over 320 acres
would be a 1041 permit.
Commissioner Berryman said that currently the way medium scale solar facility is defined is unworkable.
He expressed support for Mr. Hansford's suggestion.
Commissioner Smock agreed that this is more difficult than it should be as well. At the end of the day, the
County Commissioners will review it and make changes that they feel are necessary. She added that she
would be comfortable with making it simpler, as suggested.
Commissioner Sparrow said that he could be comfortable with having more than 80 acres as a 1041 permit.
Commissioner Jemiola agreed with Commissioner's Hansford, Stille and Berryman and added that it should
be simplified.
Motion: Anything below 320 acres would be allowed under the USR permit process and anything more
than 320 acres and 115 kV transmission line would require a 1041 permit, Moved by Benjamin Hansford,
Seconded by Gene Stille.
Commissioner Jemiola clarified if this would still retain the changes of eliminating the capacity and require
that anything from 1 to 320 acres would require a USR permit as well as anything more than 320 acres
would require a 1041 permit. Commissioner Hansford asked if the Use by Right under 20 acres would be
used a lot. Staff replied yes.
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Amend Motion: Eliminate the small scale solar facility and require that anything less than 320 acres would
be a USR permit and anything more than 320 acres would be a 1041 permit. Moved by Benjamin Hansford,
Seconded by Gene Stille.
Commissioner Berryman said that if Commissioner Hansford wanted to revise his motion to keep the small
scale solar facility size and then everything from 21 to 320 acres fall in the medium scale solar facility, he
would be in favor of that.
Amend Motion: Retain the small scale solar facility as a use by right under 20 acres; the medium scale
solar facility would require a USR permit for less than 320 acres, Moved by Benjamin Hansford,Seconded
by Gene Stille.
Vote: Motion passed (summary: Yes= 7, No= 1, Abstain = 0).
Yes: Benjamin Hansford, Bruce Johnson, Gene Stille,Jordan Jemiola, Joyce Smock, Nick Berryman,Terry
Cross.
No: Bruce Sparrow.
Motion: The large scale solar facility will require a 1041 permit for over 320 acres, Moved by Bruce
Johnson, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes=8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Nick
Berryman, Terry Cross.
Ms. Martin referred to Section 23-4-1030.F and reminded the Planning Commission that they made a
proposed change to clarify which structures would be allowed. Therefore, staff added the language"which
are not in use"to the sentence.
Motion: Amend Section 23-4-1030.F as stated by staff, Moved by Bruce Sparrow, Seconded by Bruce
Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Nick
Berryman, Terry Cross.
Motion: Forward Ordinance 2015-27 Revised to the Board of County Commissioners along with the
attached amendments and the Planning Commission's recommendation of approval, Moved by Bruce
Johnson, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Nick
Berryman, Terry Cross.
Meeting adjourned at 3:35 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4,\,lbant--Anatzivi, Date:2016.05.06 14:13:45 -06'00'
Kristine Ranslem
Secretary
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