HomeMy WebLinkAbout20260615 Hearing Certification
Docket No. 2026-09
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR25-0021, for uses similar to a Solar Energy
Facility (Battery Energy Storage System [BESS]), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District — Robert Anderson,
c/o Windy Bluff Resiliency, LLC
A public hearing was conducted on March 25, 2026, at 10:00 a.m., with the following
present:
Commissioner Scott K. James, Chair
Commissioner Jason S. Maxey, Pro-Tem
Commissioner Perry L. Buck
Commissioner Lynette Peppler
Commissioner Kevin D. Ross — Excused
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Diana Aungst
Development Review Representative, Mike McRoberts
The following business was transacted:
Chair James reviewed for the applicant and the public the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Ross being excused.
I hereby certify that pursuant to a Notice dated February 10, 2026, and duly published
February 13, 2026, in the Greeley Tribune, a public hearing was conducted to consider
the request of Robert Anderson, c/o Windy Bluff Resiliency, LLC, for Use by Special
Review Permit, USR25-0021 , for uses similar to a Solar Energy Facility (Battery Energy
Storage System [BESS]), outside of subdivisions and historic townsites in the
A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a
matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and the general location of the site. She reviewed the outstanding Conditions of
Approval, noted the BESS will tie into Xcel Energy's Vasquez Substation, and provided
dimensions of the electrochemical batteries. She relayed there would be approximately
100 employees during construction and mentioned that after built, it will be an unmanned
facility with a control shelter and trailers for storage. She stated there are two (2) homes
within 500 feet, there will be an opaque fence to mitigate visual and noise impacts, and
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stated there are 15 USRs within one (1) mile of the site, seven (7) of which are solar
facilities. Ms. Aungst relayed notice was sent to 10 surrounding property owners (SPOs),
no correspondence had been received, and noted the site is within the Coordinated
Planning Agreement (CPA) area and the three (3) mile referral area of the Towns of
Gilcrest and Platteville. She entered the favorable recommendation of the Planning
Commission into the record, as written, and displayed images of the site and surrounding
views.
Responding to Commissioner Maxey, Ms. Aungst confirmed that one (1) of the homes
within 500 feet is owned by the applicant, and the other is to the south of the property. In
response to Commissioner Buck regarding the containment of the battery storage,
Ms. Aungst deferred to the applicant, and confirmed Weld County will require collateral
for the Decommissioning Plan.
Mike McRoberts, Department of Planning Services, Development Review, stated access
is on County Road 31, for which he provided the traffic counts and the average speed.
He summarized the anticipated traffic associated with the facility during construction,
installation, and commissioning phases, and relayed a Road Maintenance Agreement for
Construction will be required.
Kurt Nelson, Development Director for Jupiter Power, represented the applicant, and in
response to Chair James, indicated he had not had contact with any of the
Commissioners regarding this case. Mr. Nelson introduced his team, displayed a
PowerPoint presentation, described Jupiter Power as a company, and outlined their
projects throughout the United States. He explained what a BESS is, that it is reliable and
cost effective, and explained the components of it. He spoke specifically about the
timeframe for construction and operation of the Windy Bluff site, displayed the site plan,
and relayed the BESS is compact, contained, and designed to blend with the surrounding
area. He asserted batteries are low impact, the traffic will be minimal, the BESS is
adjacent to similar uses, there will be a wall around the site, and the site will produce no
noise, odor, dust or lighting. He discussed the safety aspect and relayed the equipment
will be underwriter laboratory tested and certified and will be built following all local, state
and federal codes and standards, as well as the latest fire codes related to battery energy
storage. He relayed they will do training and continuing education with the local fire
district, and responding to Commissioner Buck's earlier question about containment, he
described the site layout and size and noted all components will be contained so there
will be no battery leakage. He clarified there is minimal noise from cooling system and
confirmed they are happy to provide collateral with the Decommissioning Bond.
Marcus Pachner, The Pachner Company, spoke about the community outreach they had
done, including two (2) rounds of meetings with neighbors. He explained how the project
meets the Weld County Goals and Objectives and asserted the project is shovel ready
once approved by Xcel Energy. He highlighted the increased tax revenue and creation of
jobs the project will create and mentioned they have a financial partnership with nearby
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Valley High School, which will grow into work-based learning and available internships
for students.
In response to Commissioner Maxey, Mr. Nelson explained the MegaWatts, by hours,
and relayed BESS works with all other power types on the grid. He stated they completed
noise studies, which confirmed the noise level was within acceptable standards, and
although there will be permanent lighting at the facility, they will not be lit each night, only
during an emergency.
Responding to Commissioner Maxey's inquiry as to why Condition of Approval
(COA) #1.B (acknowledge the advisory comments of the Colorado Parks and Wildlife
[CPW]) is stricken on the Draft Resolution, Michelle Leis, Dudek, stated they met with
CPW and can easily comply with their requests and Ms. Aungst confirmed it is stricken
because the applicant has met the Condition by acknowledging CPWs comments.
Ms. Leis confirmed the applicant did not change their Fencing Plan due to CPW's
comments.
In response to Commissioner Peppler, Eric Sweetman, Jupiter Power, stated if a cell fails,
the module gets replaced and recycled, and relayed the power consumed during the
summer varies. Mr. Nelson provided mini versions of the BESS components for the Board
to hold and described the containment of each component.
Scott Peterson, SPO, stated he is supportive of project.
Sharon Kendall, Weld County resident, expressed her support for the project. She stated
energy storage bridges the gap between the when the captured solar power peaks and
the actual demand of said power. She relayed the facility will provide jobs and additional
tax revenue, while using no water and creating no air emissions, and will strengthen Weld
County's energy portfolio.
Mike Weiland, former Greeley resident, voiced support for the project, and stated it will
diversify the economy and help with future energy needs.
Tom Owens, SPO to the south of the facility, expressed support for the project.
The Board reviewed the Draft Resolution and at the direction of Commissioner James,
regarding collateral for decommissioning, Ms. Aungst suggested adding a new COA #4.A
to require a Decommissioning Bond as collateral. Commissioners James and Maxey
suggested adding "attempt to" to COA #1.A (address the requirements of the Farmers
Reservoir and Irrigation Company) and the Board agreed to the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval
and Development Standards.
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In response to Chair James, Mr. Nelson indicated he had reviewed, and on behalf of the
applicant, agreed to abide by the Conditions of Approval and Development Standards, as
amended.
Commissioner Maxey moved to approve the request of Robert Anderson, c/o Windy Bluff
Resiliency, LLC, for Use by Special Review Permit, USR25-0021 , for uses similar to a
Solar Energy Facility (Battery Energy Storage System [BESS]), outside of subdivisions
and historic townsites 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. The motion was seconded by
Commissioner Peppier, it carried unanimously, and the hearing was adjourned. (Clerk's
Note: Teams recording start timestamp 4:15, end timestamp 1:02:13)
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 8th day of April, A.D., 2026:
[Insert H-Cert Attestation Block Post Meeting]
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