HomeMy WebLinkAbout20160859.tiff HEARING CERTIFICATION
DOCKET NO. 2016-30
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0076, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TWO (2) MEGA-WATT COMMUNITY OWNED SOLAR POWER
GENERATION FACILITY), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT - STATE OF COLORADO, BOARD OF
LAND COMMISSIONERS, C/O CLEAN ENERGY COLLECTIVE
A public hearing was conducted on March 16, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tern - EXCUSED
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative, Lauren Light
The following business was transacted:
WI I hereby certify that pursuant to a notice dated February 12, 2016, and duly published
February 17, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of State of Colorado, Board of Land Commissioners, c/o Clean Energy Collective, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0076, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (two (2) mega-watt Community Owned Solar Power Generation Facility),
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
Chair Freeman informed the applicant of the procedure in the event of a tie vote with four
Commissioners present.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and defined the proposed USR boundary in relation to the actual acreage to be used for
the solar facility. He provided the parameters for the solar panels and the shed that will be on-site.
Mr. Gathman also reviewed the number of employees, location, nearest residences, and
2016-0859
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HEARING CERTIFICATION STATE OF COLORADO, BOARD OF LAND COMMISSIONERS,
C/O CLEAN ENERGY COLLECTIVE (USR15-0076)
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surrounding uses. He stated staff received a letter from Kerr-McGee related to mineral interests
and clarified the applicant is working with them regarding their requests. Mr. Gathman reported
the site is located within the three (3) mile referral area of the Towns of Gilcrest and Platteville,
neither of which responded with any concerns. He stated staff sent out 14 referrals and 6 agencies
responded with recommendations regarding approval, which have been taken into consideration
and he reviewed that staff is requiring the applicant submit a Landscape and Screening Plan and
a Decommissioning Plan. He displayed photos and entered the favorable recommendation of the
Planning Commission into the record, as written. In response to Commissioner Kirkmeyer,
Mr. Gathman stated the land area covered by the solar panels will be approximately 12.5 acres.
Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements in relation to the relevant County Roads. She stated
the shared access point is from CR 29 and she provided the average daily traffic counts. Ms.
Lundquist stated based on the traffic generation, there is no tracking control or Improvements
Agreement required at this time and the only change she suggested was the corrected language
regarding noxious weeds.
Wayne Howard, Planning Services Engineer representative, stated the site qualifies for a
stormwater exemption and the site will be required to have a Grading Permit to alleviate erosion
issues.
Fri Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated due to no employees visiting the site after construction, portable toilets and
bottled water are acceptable during construction. She stated Development Standards (DS) #7
through #11 address typical environmental health items.
El Richard Miller, applicant, displayed a PowerPoint Presentation and reviewed the history of
the company explaining the concept and mentioning several awards received. He further
explained the land they are leasing is owned by the State Land Board, which has a responsibility
to raise funds for schools; therefore approving this application is a win for all involved. Mr. Miller
reviewed the surrounding land uses and closest residences and further detailed the size and
layout of the solar facility to include how it operates on a tracker system providing energy to Excel
customers choosing to participate. He further explained the monitoring system that relays any
operational problems resulting in a technician being quickly sent to the site to correct the problem.
Mr. Miller reported their efforts to reach out to surrounding property owners and mineral interest
owners and addressed the concerns that were raised. He reiterated the fact that once the system
is operational, there will be no traffic other than one to two visits per year for maintenance. In
response to Commissioner Moreno, Mr. Miller stated the company began with seven (7)
employees and currently employs 130 employees.
No public testimony was offered concerning this matter.
In response to Commissioner Cozad, Mr. Miller stated the total area being leased is
14.5 acres and there is no expansion planned for this particular site due to Excel regulations;
however, they are looking at several other sites in Weld County for possible expansion in 2016.
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He reviewed the potential customer base clarifying the service is offered to any customer with a
meter currently through Excel Energy. Lastly, in response to Commissioner Cozad, he stated the
mitigation regarding traffic routes during construction will not impact any other neighbors.
In response to Commissioner Cozad, Mr. Gathman stated the USR is on the entire site
because there is no provision in the code for a Subdivision Exemption for this type of facility.
In response to Commissioner Moreno, Mr. Miller reviewed the terms set by the Excel
Program regarding the 20 year limit on the program and the maximum number of homes that
potentially could receive service based on the amount of energy produced at the site. He further
addressed weather related concerns regarding panels needing to be replaced.
IE In response to Commissioner Kirkmeyer, Mr. Miller explained the company is not seeking to
negatively impact the Rural Electric Authorities in the area and are in the process of potential
service agreements with some of them. This lease agreement is to provide service only to those
customers currently served by Excel. In further response to Commissioner Kirkmeyer, Mr. Miller
stated moving their offices to Weld County could be considered.
e In response to Chair Freeman, Mr. Miller, on behalf of the State of Colorado, Board of Land
Commissioners, c/o Clean Energy Collective, indicated they have no concerns with the Conditions
of Approval or Development Standards.
irm
IN In response to Commissioner Cozad, Mr. Miller stated they are prepared to do some
landscaping and screening based on staff recommendations, but they do not have a particular
plan in place.
Commissioner Kirkmeyer suggested minor corrections to Condition of Approval (COA)#1.A
and Development Standards (DS) #5 and #13. The Board agreed.
El In response to Chair Freeman, Mr. Miller, on behalf of the State of Colorado, Board of Land
Commissioners, c/o Clean Energy Collective, indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of State of Colorado, Board of Land
Commissioners, c/o Clean Energy Collective for a Site Specific Development Plan and Use by
Special Review Permit, USR15-0076, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (two (2) mega-watt
Community Owned Solar Power Generation Facility), provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 Kirkmeyer, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:49 a.m.
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HEARING CERTIFICATION - STATE OF COLORADO, BOARD OF LAND COMMISSIONERS,
C/O CLEAN ENERGY COLLECTIVE (USR15-0076)
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This Certification was approved on the 21st day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .4 jele ;04
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
Sean P. Co ay, Pro-Tern
BY: G aDe ' Clerk to th Board �f /�� C L64;
— lie A. Cozad
.$VEDAS • ` : 11161 t ' :-ikg?
/ t ►`' , bara Kirkmeyer
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Date of signature: 3` 29 Steve Moreno
2016-0859
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