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HomeMy WebLinkAbout20240898.tiffHEARING CERTIFICATION DOCKET NO. 2024-12 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0045, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - PDC ENERGY, INC., C/O THISTLE 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, Molly Wright Department of Public Health and Environment representative, Lauren Light Department of Planning Services, Development Review, Melissa King The following business was transacted: IR I 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 PDC Energy, Inc., do Thistle Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0045, 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. El Molly Wright, Department of Planning Services, presented a brief summary of the proposal and relayed, during construction, the crew will be composed of approximately 60 people onsite, with work hours being Monday through Friday, 7:00 a.m. to 6:00 p.m. She explained one (1) construction trailer and up to two (2) storage containers will remain onsite during construction, with one (1) storage container to remain onsite for storage of span modules and other supplies. She relayed operations and maintenance teams will visit the site quarterly to perform routine maintenance, project monitoring and vegetation control. Ms. Wright stated an accepted, native, dry -land seed mixture will be planted on all disturbed areas, which will not require irrigation once established, and sheep may be utilized for vegetation control, as needed. She shared, per the Development Review staff, the proposed access is onto County Road (CR) 36, which is an existing, permitted access, with the applicant completing required upgrades as it will become a commercial access, requiring an acceptable, Final Traffic Study, signed, and stamped by a Colorado engineer. She relayed a Road Maintenance Agreement is required for the construction phase, which should include dust control and damage repair to specified haul routes, and a Stormwater Detention exception is also required. Ms. Wright explained the sign posting and stated 16 surrounding property owners (SPOs) were Noticed; however, no responses were received. cc: PL(ER/MN/DA/NW) o5/�4/gy 2024-0898 PL2907 HEARING CERTIFICATION - PDC ENERGY, INC., C/O THISTLE SOLAR, LLC (USR23-0045) PAGE 2 She stated the site is located within the three (3) -mile referral area of the Towns of Gilcrest and Platteville, but neither jurisdiction responded. She described the placement of the privacy fence for the benefit of the nearest residences, along the southern side and the northwest corner of the SEF, and clarified the game fence proposed around the remainder of the facility. Ms. Wright entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated since no employees will be located at the site, permanent water and sewer are not required, and screened, portable toilets are acceptable during construction. Ms. Light relayed a Dust Abatement Plan was submitted, indicating water trucks will be used, during construction, and Environmental Health has seven (7) Development Standards (DS) to be adhered to, and there are no outstanding items related to this request. Kristy Weyerman, SunShare, LLC, provided a personal and business introduction. She reiterated the specifics of the proposed facility, stating metal towers will not be installed in SunShare transmission lines. She described how location decisions are made and explained voltaic studies are utilized to introduce agriculture into the site locations. Ms. Weyerman stated a community meeting was scheduled at the Platteville Fire Station for this site and water will be utilized for dust control, with ten (10) to 20 vehicles a day, during construction. In response to Commissioner Buck, Ms. Weyerman stated water usage will be determined at the time a plan for watering of sheep and agrivoltaics is finalized. Commissioner James stated trucking water changes the impact of traffic, to which Melissa King, Development Review, shared there is no current information of truck counts associated with hauling water. Commissioner James stated, regarding cumulative impacts, he counts five (5) SEFs within one-half (0.5) mile radius of this particular project, when visual impacts require mitigation. In response to Commissioner Saine, Ms. Weyerman confirmed the location does not currently have water, only native grasses. Chair Ross commended the community outreach, and Ms. Weyerman stated the site was purchased by PDC Energy approximately four (4) years ago, it has not had water since then. Chair Ross asked if the ground is disturbed for agrivoltaic purposes, and Ms. Weyerman explained she does not have the full plan of the agrivoltaic process. Sauna Derichsweiler, SunShare, LLC, explained the dew will accumulate on the panels and drip onto the ground, stating dryland agriculture is a main focus for SunShare. In response to Chair Ross, Ms. Derichsweiler explained movement of equipment is preplanned to prevent disturbance of natural growth. No public testimony was offered concerning this matter. 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 Conditions of Approval and Development Standards. In response to Commissioner Freeman, Ms. King stated Condition of Approval (COA) #1.B calls for a final Traffic Report, which will include the hauling of water and associated impacts. In response to Chair Ross, regarding Development Standard (DS) #19, Ms. Derichsweiler confirmed operations and 2024-0898 PL2907 HEARING CERTIFICATION - PDC ENERGY, INC., C/O THISTLE SOLAR, LLC (USR23-0045) PAGE 3 maintenance will control the weeds, either via mechanical or chemical methods, stating SunShare's preference would be through sheep grazing. The Board agreed to all of the Conditions of Approval and Development Standards, as presented. Commissioner Buck moved to approve the request of PDC Energy, Inc., c/o Thistle Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0045, 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 it carried unanimously. There being no further discussion, the hearing was completed at 11:02 a.m. This Certification was approved on the 8th day of May, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLnRg2O ATTEST: datito ;4, Kevr!. Ross, Chair Weld County Clerk to the Board BY: eputy Clerk to the Board Perry L. B Mike Freeman Pro-Tem Scott K. James Lori Saine 2024-0898 PL2907 ATTENDANCE LIST y- aLk - Hello