HomeMy WebLinkAbout20162986HEARING CERTIFICATION
DOCKET NO. 2016-71
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0022, FOR A MEDIUM SCALE SOLAR FACILITY IN THE 1-3 (INDUSTRIAL)
ZONE DISTRICT - WO WCR 28, LLC, AND COLLEGE 43, LLC, CIO SILICON RANCH
CORPORATION
A public hearing was conducted on September 28. 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman. Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Transcribing Clerk to the Board, Esther Gesick
Assistant County Attorney. Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative. Lauren Light
The following business was transacted:
hereby certify that pursuant to a notice dated July 22. 2016, and duly published
July 27. 2016, in the Greeley Tribune, a public hearing was conducted to consider the request of
WO WCR 28. LLC, and College 43, LLC, c/o Silicon Ranch Corporation, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0022, for a Medium Scale Solar
Facility in the 1-3 (Industrial) Zone District. Bob Choate, Assistant County Attorney. made this a
matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated twelve referrals were sent out and nine (9) responded with no concerns. She gave a
brief description of the location of the site and explained the application will include six (6) parcels
which collectively make up the west half of Section 32, with the facility utilizing 242 acres. She
explained the facility will deliver electrical energy to United Power, there will be no on -site
employees, with the exception of a quarterly inspection, and she also reviewed the solar panel
configurations, fencing, and landscaping. Ms. Aungst referenced the Decommissioning and
Reclamation Plans and described the locations of the nearest residences and surrounding land
uses within one mile of the site. She stated staff has received no correspondence from the
surrounding property owners; however, Anadarko did submit a letter objecting to the proposal,
which is included in the Exhibits. Lastly, she stated the site is not within the three (3) mile referral
area or Intergovernmental Agreement boundary of any municipality, there will be minimal noise
and traffic, and she displayed images and entered the favorable recommendation of the Planning
Commission into the record as written. Commissioner Cozad requested Ms. Aungst research the
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2016-2986
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HEARING CERTIFICATION - WO WCR 28. LLC, AND COLLEGE 43, LLC, 0/O SILICON
RANCH CORPORATION (USR16-0022)
PAGE 2
date of when the Change of Zone went into effect and noted she will have several corrections to
the Draft Resolution.
Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He stated the site has been issued a new small commercial access from
County Road (CR) 28, AP16-00289, located 650 feet east of CR 39. and he indicated the existing
accesses to be closed. He reviewed the average daily traffic count on CR 28 and stated tracking
control and an Improvements Agreement will not be required.
21 Hayley Balzano, Department of Planning Services Engineer. stated the applicant has
submitted an acceptable Drainage Narrative and she also reviewed the Conditions of Approval
(COA) and Development Standards (DS) relevant to engineering requirements.
C:'= Lauren Light, Department of Public Health and Environment. reviewed the water and sewer
provisions. noted that portable toilets will be allowed during construction, and stated Development
Standards #11-15 are typical Environmental Health items.
a John Marcarelli, represented Silicon Ranch Corporation and reviewed the background of
the company. He stated the project will serve United Power and the energy produced at this site
will stay in Weld County. He gave a brief overview of the site selection process, addressed the
visual mitigation in response to the Planning Commission recommendations regarding
topography. and reviewed recent local and national media coverage supporting the renewable
energy efforts made by Poudre Valley REA and United Power.
Grant Gerrard, Anadarko Petroleum Corporation representative. stated Anadarko owns the
underlying mineral interests and they submitted a letter objecting to the proposal because it is
their opinion that it would encroach on their mineral rights. He stated they have initiated good
faith discussions to enter into a Surface Use Agreement; however. it is not currently secured. He
requested the Board deny the application, or include a COA which requires an executed Surface
Use Agreement. In response to Commissioner Cozad, Mr. Gerrard explained there are
site -specific agreements concerning the individual well sites; however, there is no agreement for
the entire property. In response to Commissioner Kirkmeyer, Mr. Gerrard reiterated they do not
currently have a Surface Use Agreement for the entire property; however, he believes they are
very close and he asked the Board to protect their contractual mineral rights.
rill Doug Ruppel, surrounding property owner. expressed his support of theplan for a company
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that has proven to be a good neighbor.
= Mr. Marcarelli stated he is confident they will be able to reach a Surface Use Agreement. In
response to Commissioner Conway, he reiterated they have entered into agreements at their
other sites and it is their desire to successfully negotiate a compatible Surface Use Agreement in
this case. Responding to Commissioner Kirkmeyer, Mr. Marcarelli confirmed there is an Erosion
Control Plan in place.
2016-2986
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HEARING CERTIFICATION - WO WCR 28, LLC. AND COLLEGE 43, LLC, C/O SILICON
RANCH CORPORATION (USR16-0022)
PAGE 3
Pete Candelaria, Silicon Ranch Corporation representative, stated they have completed an
Erosion Control Plan to address the four different soil types dispersed across the site. He stated
they have learned a lot while developing the other sites, they are engaged with the CSU
Agricultural Department to develop a modified Erosion Control Plan, and they are also working
with the neighbors. He stated the plan addresses efficient use of water to control dust and blowing
sand prior to. during and after construction. and it calls for minimizing the moving of dirt, as well
as post -construction revegetation. Responding further to Commissioner Kirkmeyer,
Mr. Candelaria stated they have not had any issues with prairie dogs; however, they realize they
must comply with the Code to managed and control rodents if they become an issue. Lastly, he
explained they are proposing two (2) accesses: one is existing and will be used jointly with
Anadarko and the other will be used to access the northwest corner, which is otherwise
inaccessible due to the layout and pre-existing conditions of the site. He reiterated this is an
unmanned facility and they will be at the site on a quarterly basis.
Ali Weaver, Silicon Ranch Corporation representative, clarified for the record that the
existing center access road belongs to the applicant and the use is shared with Anadarko as part
of their lease.
``- In response to Chair Freeman, Mr. Candelaria indicated no concerns with the Conditions of
Approval and Development Standards, as amended.
a Commissioner Cozad proposed corrections to the criteria paragraphs to change all zoning
references to the 1-3 (Industrial) Zone District, include a citation in paragraph (.B) of when the
zoning was changed, delete paragraph (.F) because it is not applicable, and modify the Code
citations in paragraph (.G) concerning the Design Standards (Sec. 23-3-350) and Operation
Standards (Sec. 23-3-360) as they apply to the Industrial Zone District. Upon request, Ms. Aungst
read the new wording for Section 23-4-1030 regarding landscaping on a Solar facility, as
referenced on Condition of Approval (COA) #1.B.6.
V1 Commissioner Kirkmeyer suggested deleting COA #1.B.6 because it is not realistic to require
the applicant to grow trees in this part of the County, especially in an industrialized area; however,
she would like to see revegetation and implementation of the Dust Abatement Plan. In response
to Commissioner Conway, Ms. Aungst stated the landscaping requirement was included for
compliance with the Code: however, at the Planning Commission hearing it was reduced to just
the north side, but it was not as a result of public testimony. The Board agreed to delete
COA #1.B.6.
a Commissioner Cozad proposed addressing the need for erosion and weed control plans.
Commissioner Kirkmeyer agreed and suggested adding a new Condition of Approval #1.B to
require the submittal of an Erosion Control Plan, a new Condition of Approval #1.C to require the
submittal of a Weed Control and Revegetation Plan. and then re -letter the subsequent conditions.
In response to Commissioner Conway, Mr. Candelaria confirmed the other Silicon Ranch
facilities do have Erosion and Weed Control/Revegetation Plans which are being developed with
2016-2986
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HEARING CERTIFICATION - WO WCR 28, LLC, AND COLLEGE 43, LLC, C/O SILICON
RANCH CORPORATION (USR16-0022)
PAGE 4
input from the CSU Extension. He stated they intend to incorporate those plans, once completed,
into the maintenance and operation of this subject site as well. Commissioner Cozad requested
they simply be submitted for inclusion in the file.
Commissioner Cozad requested the addition of two new DS #8 and #9 to require compliance
with the Erosion Control and Revegetation/Weed Control Plans. Responding to Commissioner
Cozad, Ms. Light stated the language in DS #13 relates to the waste materials, therefore, she
suggested a new DS be added. Following discussion, staff was instructed to work on drafting
new language which would address general nuisance conditions on the site.
Commissioner Kirkmeyer agreed all references to the Agricultural Zone need to be corrected
to reflect the Industrial Zone. With regard to COA #1.D.10, staff concurred that there is a second
access permit number which will need to be researched and provided for inclusion in the final
Resolution. On COA #1.B.7, she requested the addition of the word "County" so that the plat
reflects the County setbacks. and DS #8 she asked that the language be corrected to reflect there
are two "accesses." Lastly, she stated the application is consistent with the intent of the
Goals and Policies of the Industrial Zone District and requested the following be added to the
Resolution findings: (.Policy 1.2 (encourage new industrial development in Industrial areas),
(.Goal 3 (consider how infrastructure is impacted), I. Policy 3.1 (transportation supports this new
development), (.Goal 4 (all new industrial development should pay its own way). (.Goal 5 (new
industrial uses which are expanding should meet local, state and federal legislation), (.Policy 5.2
(development improvements should minimize permanent visual scarring from grading. road cuts
and other site disturbances: require stabilization and landscaping of final land forms, and that
runoff be controlled at historic levels), and I.Goal 6 (developments should minimize incompatibility
between industrial uses and surrounding land uses).
Ms. Aungst stated COZ12-0001 was recorded January 17, 2003, which would be referenced
under criteria paragraph 2.C.
Mr. Choate stated the Colorado Revised Statutes contain many references to nuisance
conditions: therefore, he proposed the following language be added as a new Development
Standard #15: "The property owners shall not permit any public nuisances on the property, as
defined in Colorado Revised Statutes."
In response to Chair Freeman, Mr. Candelaria indicated he and the applicants/operators
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended.
Commissioner Cozad moved to approve the request of WO WCR 28, LLC, and College 43,
LLC, c/o Silicon Ranch Corporation, for a Site Specific Development Plan and Use by Special
Review Permit, USR16-0022, for a Medium Scale Solar Facility in the 1-3 (Industrial) 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 Conway. Commissioner Cozad stated her findings that this is an appropriate use
2016-2986
PL2439
HEARING CERTIFICATION - WO WCR 28. LLC, AND COLLEGE 43, LLC, C/O SILICON
RANCH CORPORATION (USR16-0022)
PAGE 5
of the land in the area, working with United Power and will be for WC. important and appreciate,
large facility. significant, meets the criteria, zoned industrial, thanked everyone for being here.
Commissioner Kirkmeyer noted for the record. that she is a member of United Power: however,
she has no role in their decision making and she feels she can make a fair and impartial decision
in this matter. She further stated she agrees with the comments made by her fellow
Commissioners. she appreciates the applicant and property owner finding the right location for
this use, and she is in support of the application. Commissioner Conway echoed the comments
of his fellow commissioners, stating this is a great location and he also appreciates the applicant
working with CSU Extension regarding erosion control to help mitigate any long term impacts.
Commissioner Moreno thanked the applicant and stated the Board supports solar development.
Chair Freeman agreed it is nice to see positive results from all of the hard work devoted to
correcting the Code. There being no further comments, the motion carried unanimously and the
hearing was completed at 10:59 a.m.
This Certification was approved on the 3rd day of October, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: W:atha)� ...e&O.ok
Weld County Clerk to the Board
Mike Freeman, Chair
/ r ay
Sean P. Cnway, Pro-Tem
BY:c"--
ulie AT Cozad
Deputy Clerk to the Board
APPR0V D AS,
baraA Kirkmeyer
County Attorney
Mern-ea"
Steve Moreno
Date of signature: 1 H
2016-2986
PL2439
ATTENDANCE LIST
DATE: 9 ZS -,2c/
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