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Home My WebLink About20152810.tiff HEARING CERTIFICATION DOCKET NO. 2015-80 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0030, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SOLAR ARRAY FARM), 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 - SILICON RANCH CORPORATION A public hearing was conducted on August 26, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tern - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena County Attorney, Bruce Barker Planning Services Department representative, Chris Gathman Planning Services Engineer representative, Wayne Howard Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated July 17, 2015, and duly published July 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Silicon Ranch Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0030, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (solar array farm), 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. Bruce Barker, County Attorney, made this a matter of record. la Chair Kirkmeyer advised Pete Candelaria, applicant, that, since Commissioner Freeman was not able to be present, he had the option of continuing this matter to a date with the full Board present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Freeman will listen to the record and make the determining vote. Mr. Candelaria indicated he would like to proceed. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the intent is for a Solar Array facility to deliver energy to United Power through a twenty-year power purchase agreement. He explained the facility will be unmanned except for biannual inspections and routine maintenance. He stated the solor modules will be 2015-2810 CU (& PL H-L `'kb PL2363 HEARING CERTIFICATION - SILICON RANCH CORPORATION (USR15-0030) PAGE 2 located on 45 acres of the 250-acre parcel. Mr. Gathman reviewed the surrounding property uses and residences and stated staff received one call from a surrounding property owner regarding concern for weeds on the property. He explained the applicant is working with the farmer currently growing barley on the parcel to address weed control. Mr. Gathman described the 75,000 solar modules which will stand approximately five feet above ground, tilt and track to follow the position of the sun and, through four inverter stations, will generate 6.5 megawatts of electricity. Staff sent 13 referrals and received 9 responses indicating no concerns. Mr. Gathman stated the site is located within the three (3) mile referral area of the City of Longmont, which indicated no concerns, and the Town of Mead, which recommended approval and requested annexation into the Town with a traffic control report. He entered the favorable recommendation of the Planning Commission into the record as written, and displayed some images of the site. Mr. Gathman stated the applicant is not proposing to use the oil and gas access. In response to Commissioner Conway, Mr. Gathman pointed out the location of the surrounding property owner with concerns regarding the weeds. ki Wayne Howard, Department of Planning Engineer, provided a brief overview of the transportation plans and requirements and reviewed the County Roads relevant to the case with the average daily traffic counts and the traffic narrative indicating approximately eight trips per year after construction and approximately 20 truck and 100 pickup trips per day during construction which is expected to last for approximately three months. Mr. Howard provided the approved Access Permit Number, AP#15-00309, and stated entrance gates need to be setback, tracking control is required during construction only, and no Improvements Agreement is required. Lastly, he mentioned the drainage requirement was waived and, if more than one acre is disturbed, a Weld County Grading Permit will be required. Lauren Light, Department of Public Health and Environment, stated there were no concerns and Development Standards (DS) #4-8 reflect typical environmental health items. Chair Kirkmeyer stated for the record that she is a member of United Power; however, she has no direct relationship to this project and her membership will not impact her ability to make a fair decision regarding the case. Mr. Candelaria stated Silicon Ranch is an independent power producer, they pride themselves on renewable energy through the use of large scale solar and they are not here to replace any service provider but to compliment and integrate resources. He mentioned this first application is for United Power and the next project application, also being presented today, is for Poudre Valley. Mr. Candelaria displayed a PowerPoint presentation and briefly explained the system logistics and the planned vegetation of the site location. la Troy Spraker, planning consultant, continued the PowerPoint presentation and further described the project, vicinity map, location in relation to Mead, and zoning in the area. He reviewed the physical specifications of the solar panels and explained the vegetation plan for a native low growth grass to cover the open space. He stated the historic drainage patterns will be maintained and a six-foot chain-link fence with three-strand barbed wire at the top has been proposed for security. Mr. Spraker reviewed the temporary construction access, the exisitng 2015-2810 PL2363 HEARING CERTIFICATION - SILICON RANCH CORPORATION (USR15-0030) PAGE 3 permitted access on the northeast corner of the property, drainage and water flow control, the construction schedule, and reiterated the minimal traffic after construction is completed. He clarified that the contract is for twenty years and, thereafter, it is renewable as an annual agreement. Mr. Candelaria interjected they have addressed the weed issue and reached out to the neighbors, and he verified the inverter height. El No public testimony was offered concerning this matter. In response to Commissioner Moreno, Mr. Candelaria explained the durability of the solar panels in reference to hail, tornadoes, and snow. He further stated the panels are designed for remote monitoring, operation and diagnosis, and if there is a problem a repair technician will be sent. el In response to Commissioner Conway, Mr. Candelaria stated the panels can withstand hail and snow events, and he explained the current panels are not a health hazard should one break open. Chair Kirkmeyer requested the State hazard definition before the end of the hearing. Further in response to Commissioner Conway, Mr. Spraker stated the intent to use a local landscaper to propose a drought resistant grass able to be maintained and while it is being established water will be trucked in to support it in the primary growth stage, otherwise there is no irrigation planned. He clarified the renewable plan at the end of 20 years and if there is no extension the company will remove and relocate the product, as the life expectancy is much longer than 20 years. In response to Commissioner Cozad regarding concerns for the environment of the site, Mr. Candelaria stated these projects are light on the environment. Mr. Spraker clarified there is no heat impact as it is a light conversion to energy. In response to Commissioner Conway's concern regarding reflection or glare/blind spots to aircraft, Mr. Candelaria explained the extensive studies and stated there is no light reflected to impact the traveling public. In response to Chair Kirkmeyer, he clarified the panels are frameless modules. In response to Commissioner Cozad, Mr. Candelaria stated the fencing can be discussed and modified depending on the community desire. la In response to Chair Kirkmeyer, Mr. Candelaria stated the service area will be handled by the local substation and United Power is not present. He clarified Silicon Ranch has two projects located in Weld County. Chair Kirkmeyer made it clear that this Board did not support Senate Bill 252 requiring rural energy companies to engage in alternative energy programs and this is an Industrial Use in irrigated farmland close to municipalities. Mr. Caldelaria asked permission for David White, Poudre Valley REA, to speak regarding his perspective on the following application to dispell any misconceptions. Mr. White stated Poudre Valley REA initiated the project not because of Senate Bill 252, which they were against as well, but because it is their responsibility to provide safe, reliable and affordable power for 8,200 members and the energy purchased from Silicon Ranch will be 15% less than the current provider. He clarified it is in the best interest of their members to buy power cheaper. 2015-2810 PL2363 HEARING CERTIFICATION - SILICON RANCH CORPORATION (USR15-0030) PAGE 4 el In response to Chair Kirkmeyer, Mr. Caldelaria stated the land was irrigated farmland. John Marcarelli, Silicon Ranch, clarified the purchase of the property did include water shares with Highland Ditch and Supply Ditch, and pending the outcome, the intent is to have Bueller Farms farm the area south of the highland ditch and the remainder of the property after construction is complete. In response to Commissioner Conway, Mr. Marcarelli stated this water could be used to irrigate the native grasses. In response to Chair Kirkmeyer, Mr. Candelaria clarified the reason for the temporary access during construction is to relocate construction traffic away from p Y the residences and be a good neighbor. • In response to Chair Kirkmeyer, Mr. Howard agreed the temporary access is compatible but requires closure at end of construction. • In response to Chair Kirkmeyer, Mr. Candelaria stated they are in discussion with the Town of Mead regarding annexation but at this time no decisions have been made and they do have a decommissioning plan in place. Further in response, he explained the procedures surrounding lightning strikes and there are no combustibles, therefore, there is no fire risk. • In response to Chair Kirkmeyer, Mr. Candelaria indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, and have no questions or changes requested. • Commissioner Conway expressed agreement with Commissioner Cozad regarding the need for aesthetically pleasing fencing based on the location. Commissioner Cozad stated the application meets the requirements for a USR but she encouraged the applicant to consider other counties for alternative energy. She further suggested more landscaping as an option for futher screening. ID Commissioner Moreno expressed his concerns regarding the safety risk for the future and possible damage from a natural disaster. J Chair Kirkmeyer suggested the deletion of Condition of Approval (COA) #1.A; however, after discussion, the Board decided to keep the Condition but add the language, "...that relate to the prescriptive easement... Chair Kirkmeyer recommended deleting COA #1.B and adding a new Development Standard (DS) #2 regarding the Emergency Action Plan. The Board agreed. The Board also agreed with deleting COA #1.C, and adding a new COA #1.E.8 to read, "Show a note stating the temporary access shall be closed upon the completion of construction." In response to Chair Kirkmeyer, Mr. Barker suggested language for the Decommissioning Plan to become a new COA #7 to read, "The applicant shall submit a Decommissioning Plan to the Department of Planning Services for review and approval. The Decommissioning Plan shall include a detailed plan with time frames or milestones after termination of operations for restoring the property to its condition which existed prior to commencement." Lastly, Chair Kirkmeyer recommended a new COA #1.E.9 regarding the landscaping and Mr. Barker 2015-2810 PL2363 HEARING CERTIFICATION - SILICON RANCH CORPORATION (USR15-0030) PAGE 5 suggested the language, "Delineate the approved landscaping/screening. Landscaping/screening shall include, at a minimum, decorative fencing, berming, and/or vegitation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights-of-way." CI Mr. Gathman reported the Surface Use Agreement as disclosed by Encana and staff is not recommending adding a Condition because it is a 3rd party agreement with the applicant. • Ms. Light clarified the panels would be considered a solid waste and the only health hazard would be if lead is used to solder wires together and somehow that was exposed; therefore, the hazard would be extremely minimal. • In response to Chair Kirkmeyer, Mr. Candelaria commented regarding the landscaping request and stated they want to be a good neighbor and desire the site to look pleasing, as this is the business card for the community. He further clarified that Encana is on the property and cannot force them to screen; however, Silicon Ranch will commit to properly landscaping and screening the portions relative to the USR. Lastly, he requested removing the definitive 60 feet from COA#1.A. The Board agreed. In response to Chair Kirkmeyer, Mr. Candelaria indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended and agreed upon. • Commissioner Cozad moved to approve the request of Silicon Ranch Corporation for a Site Specific Development Plan and Use by Special Review Permit, USR15-0030, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (solar array farm), 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 Conway. Commissioner Cozad encouraged the applicant to continue to work with the Town of Mead, the neighbors and referral agencies. Commissioner Moreno stated he will approve, however, expressed his concerns regarding the impact to the area. Commissioner Conway expressed his disappointment that United Power did not show up for the hearing. Chair Kirkmeyer stated she will be supporting the application with the mitigation; however, she reiterated her displeasure regarding Senate Bill 252 and the impact it has on rural areas. The motion carried unanimously. There being no further discussion, the hearing was completed at 11:44 a.m. 2015-2810 PL2363 HEARING CERTIFICATION - SILICON RANCH CORPORATION (USR15-0030) PAGE 6 This Certification was approved on the 31st day of August, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C L ADO ATTEST: ddredittiv v• . tD•� Barbara Kirkm eye r, Chair Weld County Clerk to the Board EXCUSED Mike Freeman, Pr�m D ty Clerk to the Board ��`` 4 ��n P. 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