HomeMy WebLinkAbout20241568.tiffHEARING CERTIFICATION
DOCKET NO. 2024-24
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0006, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC, AND PIVOT SOLAR 47, LLC
A public hearing was conducted on June 19, 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, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2024, and duly published May 22,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Cynthia Kennedy, c/o Pivot Solar 46, LLC, and Pivot Solar 47, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR24-0006, 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.
e Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
the general location of the site, relayed 13 referrals were sent out and 11 agencies responded,
and stated there will be two (2) SEFs on the same parcel, known as Phase 1 and Phase 2. She
relayed the hours of operation and number of employees, during construction, as well as the
number of maintenance employees, described the surrounding land uses, and stated there are
two (2) residences within 500 feet of the subject site, one (1) of which is the owned by the
applicant. She stated a letter of objection was received from the other property owner and outlined
their concerns, including, taking agriculture out of production and the location of the SEF, which
may interfere with the ability to see on -coming traffic, when pulling out. Ms. Aungst relayed the
Department of Public Works conducted a site visit and did not identify a problem with the
intersection. She discussed the landscape and screening requirements, and noted the site is in a
floodplain, therefore, a Floodplain Development Permit is required. Ms. Aungst referenced an
email from Pivot Energy, which explained their intent to incorporate agrivoltaics on the site, notice
was sent to five (5) surrounding property owners (SPOs), and relayed the above mentioned letter
was the only correspondence received regarding the application. She shared, per the
Development Review staff, access is onto County Road (CR) 44, a Commercial Access Permit is
required, she provided the traffic associated with the site during construction and operation,
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2024-1568
PL2915
HEARING CERTIFICATION - CYNTHIA KENNEDY, CIO PIVOT SOLAR 46, LLC, AND
PIVOT SOLAR 47, LLC (USR24-0006)
PAGE 2
mentioned a Road Maintenance Agreement for construction is required, and noted the site meets
an exception for stormwater detention. Ms. Aungst entered the favorable recommendation of the
Planning Commission into the record, as written, and displayed images of the site and
surrounding views.
E Lauren Light, Department of Public Health and Environment, stated since there will be no
employees onsite, screened, portable toilets can be used during construction, and she outlined
specifics from the applicant's Dust Mitigation Plan.
(Clerk's Note: For testimony from Kyle Sundman, speaking about Pivot Energy as a company,
and Angela Burke, speaking about Pivot's dual -portfolio (agrivoltaics), which were not presented
in this case, please reference Hearing Certification, HE24-29, document #2024-1554.)
Kyle Sundman, Pivot Energy, represented the applicant and indicated he had not had contact
with any of the Commissioners regarding this case. Mr. Sundman referenced a PowerPoint
presentation (Exhibit D) and discussed Pivot's neighbor outreach efforts. He stated the SPOs in
opposition did not attend the neighborhood meeting, were not interested in discussions with Pivot
Energy at the Planning Commission hearing and were not in attendance at the present hearing.
He referenced Angela Burke's testimony and discussed their agricultural preservation efforts,
including proposed irrigation measures.
Cynthia Kennedy, property owner, stated she is excited about the SEF and the use of
agrivoltaics. She relayed they have lived at the property for ten (10) years, and they intend to stay
at the property forever and are looking forward to the usage of drip tape and the conservation of
water.
Lisa Denke, Greeley resident, questioned if the implementation of solar energy will help with
the electric reliability in the area.
e Mr. Sundman stated power is injected into grid at that point, asserting that during daylight
hours there should be a steady supply of electrical power.
In response to Chair Ross, Mr. Sundman indicated, on behalf of the applicant, he had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
presented.
The Board reviewed the Resolution and made no changes to the Conditions of Approval or
Development Standards.
e Commissioner Saine moved to approve the request of Cynthia Kennedy, c/o Pivot Solar 46,
LLC, and Pivot Solar 47, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR24-0006, 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
2024-1568
PL2915
Lori Saine
HEARING CERTIFICATION - CYNTHIA KENNEDY, C/O PIVOT SOLAR 46, LLC, AND
PIVOT SOLAR 47, LLC (USR24-0006)
PAGE 3
presented. The motion was seconded by Commissioner James. In response to
Commissioner Freeman, Mr. Sundman confirmed there is a contract in place with an electric
company (Xcel Energy). The motion carried unanimously and there being no further discussion,
the hearing was completed at 11:10 a.m.
This Certification was approved on the 3rd day of July, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: jele0 ,i
Weld County Clerk tool the Board
EXCUSED DATE OF APPROVAL
Ke oss, Chair
erry L. B g , Pro-Tem
BY.��-
Deputy Clerk to the B
Mike Freeman
ScottJames
EXCUSED DATE OF APPROVAL
2024-1568
PL2915
ATTENDAN E LIST
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