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Home My WebLink About20242194.tiffHEARING CERTIFICATION DOCKET NO. 2024-43.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0010, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC A public hearing was conducted on August 21, 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: I hereby certify that pursuant to a notice dated June 13, 2024, and duly published June 15, 2024, in the Greeley Tribune, a public hearing was conducted on July 31, 2024, to consider the request of Sunlight Farm, LLC, do Pivot Solar 59, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0010, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. At said hearing the Board continued the matter until August 21, 2024, to allow the case to be heard by the Planning Commission on August 6, 2024, instead of July 2, 2024, at the applicant's request. Karin McDougal, Deputy County Attorney, made this a matter of record. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, described the location of the site, the fencing, and crew size each day of construction, stating the project will be an unmanned facility upon completion of installation. He shared the referral responses included concerns of irrigation, since the property has been reseeded. He described the surrounding uses, confirmed a Decommissioning Plan was submitted with the application, stated there is a Condition of Approval (COA) regarding irrigation, and shared the applicant has re -seeded the property and established weed control. Mr. Gathman entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. In response to Commissioner James, Mr. Gathman confirmed the property is currently zoned A (Agricultural) but is not irrigated; however, the land has been reseeded to help mitigate the blowing dust. In response to Commissioner Buck, Mr. Gathman deferred to the applicant regarding the water issue. CC : PL (ER/NN/DA/DA/CG) 0.0-1/24 2024-2194 PL2922 HEARING CERTIFICATION - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC (USR24-0010) PAGE 2 e Lauren Light, Department of Public Health and Environment, stated since there will be no employees at the site, a screened portable toilet is acceptable, during construction, and a Dust Mitigation Plan has been submitted, indicating water, vegetative cover, mulch and wind breaks will be used for dust control. Additionally, she shared, sheep and crop production may be utilized under the panels, after construction. Ms. Light stated Environmental Health has listed six (6) Development Standards (DS) to be adhered to, and there are no further issues with the request. In response to Chair Ross, Kyle Sundman, Pivot Energy, applicant, indicated they had not had contact with any of the Commissioners regarding this case. ▪ Mr. Sundman narrated a PowerPoint Presentation and explained the applicant's willingness to work with neighbors in reseeding the property and purchasing water from a neighbor. He described concerns regarding aesthetics and improvements to the land. Mr. Sundman read a letter submitted by the neighbor, Brad Moos, who will supply the water (Exhibit E). Matthew Eifert, son of landowner, described the history of the family farm, the relationship with the neighbors, and expressed his thanks to Pivot Energy for helping to ensure a quality proposal that all parties can support. le Mr. Sundman reiterated the aesthetic appearance being the primary concern for neighbors, and maintenance of the land itself. • Dawn Hamilton, Eaton resident, spoke in opposition of the application, citing concerns regarding the change in the landscape and the loss of more agricultural land. ▪ In response to Chair Ross, Mr. Sundman indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as presented. I The Board reviewed the Conditions of Approval and Development Standards. Commissioner James requested clarification of modified COA #1.G, Mr. Gathman explained the proposal of purchasing water from a neighbor. In response to Chair Ross, Mr. Sundman explained the intended outcome of the Condition. In response to Commissioner Buck, Mr. Sundman confirmed there is a contract with Xcel Energy. Commissioner Freeman stated the County is taking a lot of land out of Agriculture. Commissioner James shared, in this instance, the property is not currently in agricultural production, and he commended the action of the applicant to rehabilitate the property, while exercising their right of use of their property. Commissioner James moved to approve the request of Sunlight Farm, LLC, do Pivot Solar 59, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR24-0010, 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 2024-2194 PL2922 HEARING CERTIFICATION - SUNLIGHT FARM, LLC, C/O PIVOT SOLAR 59, LLC (USR24-0010) PAGE 3 and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Saine, and it carried unanimously. Chair Ross commended the applicant in placing water back on the property and rehabilitating the land. There being no further discussion, the hearing was completed at 11:57 a.m. This Certification was approved on the 4th day of September, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT ATTEST. lt?) •x Keviss, Chair Weld County Clerk to the Board BY: Oebte€IX • Oat Deputy Clerk to the Board Perry L. Buck,�Pro-Tem Lori Saine 2024-2194 PL2922 ATTENDANCE LIST DATE : a?cat-f Xv/ ICy te- Pbu.cl jf lk4er 131. rn i FeA. bau%cc I,e v JTr 4 naLiic. � �'vo IG�I�eW Atruxvcov+ Le_uru gA P., 1,4 k r�D 6 *melt (ahtttil Nc.b\e 111'? , C P- 23 -k . LAYt, a 6 © f w ¢ W a �t� S�- �,o tiv� K-�ttC� V► t'vm-f eticvj��..t4 I''n v ld� Lib C. Y�y , .S 14.,/,./.‘70534 r4ghev . e.icc'1- g p%J/&4- Lt1�ll 44 c9,vy St jf3hgft57f` n2 -V6 CR5I C��YGI� , Co CIc u;cl.citv%/fpervascis.e.., Cie (c1 (_)S0 to a) �p CPO L L tr- w i V •1Z. 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