HomeMy WebLinkAbout20240930.tiffHEARING CERTIFICATION
DOCKET NO. 2024-13
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0047, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CORNISH PLAINS LIVESTOCK, LLLP, C/O SUNSHARE, LLC, DBA ORIOLE SOLAR,
LLC, STARLING SOLAR, LLC, AND PORCUPINE SOLAR, LLC
A public hearing was conducted on April 24, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
iI hereby certify that pursuant to a notice dated March 12, 2024, and duly published March 15,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Cornish
Plains Livestock, LLLP, do SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC, and
Porcupine Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0047, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter
of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
relayed ten (10) referrals were sent out, four (4) were received back with comments, and six (6)
without comments. He shared there will be 50 to 60 workers onsite during construction, and upon
construction completion, one (1) conex container will remain onsite for storing spare parts and
modules. He described the current vegetation, explaining the same dry -land seed mix will be used
for revegetation, and a maintenance crew will be onsite on a quarterly basis, or as needed for
damage due to weather. He described the surrounding security fence and stated a Decommission
Plan was submitted. Mr. Gathman defined the surrounding Uses and the surrounding USRs, and
relayed seven (7) surrounding property owners (SPOs) were Noticed, and no responses were
received. He gave a brief overview of the soil report and stated there are no water rights available
on the site. He shared, per the Development Review staff, access is proposed onto State
Highway 392, and the permit will be submitted once received from CDOT. He explained the traffic
information submitted indicates the typical construction/operation traffic for a SEF, shared a
Preliminary Drainage Report has been submitted, and a Final Drainage Report is required.
Mr. Gathman entered the favorable recommendation of the Planning Commission into the record,
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2024-0930
PL2908
HEARING CERTIFICATION - CORNISH PLAINS LIVESTOCK, LLLP, C/O SUNSHARE, LLC,
DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC, AND PORCUPINE SOLAR, LLC
(USR23-0047)
PAGE 2
as written, and displayed images of the site and surrounding views. In response to
Commissioner James regarding Section 23-2-230.B.5 AP Airport Overlay, Mr. Gathman
confirmed glare will not affect air space.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated since no employees will be located at the site, no permanent water and
sewer will be required, although screened, portable toilets will be provided during construction
and water trucks will be utilized for dust abatement. She stated Environmental Health has
seven (7) Development Standards to be adhered to and staff has no outstanding items with the
request.
Kristy Weyerman, SunShare, LLC, described the size and amounts of energy generated from
each of the proposed sites. She reiterated the access location, explained they will connect to
existing distribution lines currently on the parcels, and described the game fence proposed, per
Colorado Parks and Wildlife (CPW). She shared the community meeting was held at the Galeton
Fire Station on March 7, 2024, and the one (1) attendee expressed no concerns. In response to
Commissioner James, regarding CPW, Ms. Weyerman confirmed high priority habitats are
examined prior to site locations being chosen. In response to Chair Ross, Mr. Weyerman relayed
the history of water on the property, and explained the seeding of natural grasses, and stated
they will plan the agrivoltaic activity upon receipt of the award.
Janet Ewing, Eaton resident, expressed concerns of noxious weeds and hauling water to the
site.
In response to Chair Ross, Ms. Weyerman indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented.
The Board discussed the Conditions of Approval and Development Standards and agreed to
all as presented.
Commissioner James moved to approve the request of Cornish Plains Livestock, LLLP,
c/o SunShare, LLC, dba Oriole Solar, LLC, Starling Solar, LLC, and Porcupine Solar, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR23-0047, for a Solar
Energy Facility (SEF) 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 presented. The motion was seconded by
Commissioner Saine, and Chair Ross expressed his concerns on the soil revegetation plan and
the agrivoltaics. There being no further discussion, motion carried unanimously, and the hearing
was completed at 11:27 a.m.
2024-0930
PL2908
HEARING CERTIFICATION - CORNISH PLAINS LIVESTOCK, LLLP, C/O SUNSHARE, LLC,
DBA ORIOLE SOLAR, LLC, STARLING SOLAR, LLC, AND PORCUPINE SOLAR, LLC
(USR23-0047)
PAGE 3
This Certification was approved on the 8th day of May, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COON
ATTEST: datA) �l�o�„k.
Kevin D. Ross, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Perry L. ck, Pro -Tern
IWO
Mike Freeman
Scott K. James
Lori Saine
2024-0930
PL2908
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