HomeMy WebLinkAbout20241554.tiffHEARING CERTIFICATION
DOCKET NO. 2024-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CHRISTOPHER CANNON, CURTIS MONTGOMERY CANNON, AND THE ELIZABETH
ANNE NEWTON TRUST, C/O PIVOT SOLAR 58, LLC, AND PIVOT SOLAR 60, 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, 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:
IR 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
Christopher Cannon, Curtis Montgomery Cannon, and the Elizabeth Anne Newton Trust, do Pivot
Solar 58, LLC, and Pivot Solar 60, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR24-0008, 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,
described the location, and stated 13 referrals were sent out, five (5) were returned, with
comments, and five (5) were returned, without comments. He described the site size and relayed
the portion of the property is currently flood irrigated. He explained the applicant is evaluating
what the secondary agricultural use will be, sheep grazing or crop production, explained a
pollinator -friendly grass mix would be used, and dry land grazing of approximately 40 sheep will
help mitigate weeds and overgrowth. He stated the operational use is 21 years and explained an
existing zoning permit for a solar facility, which was approved in 2022, is located in the southeast
corner of the site. He relayed the applicant is requesting two (2) facilities under this USR, and the
maximum height of the solar panels will not exceed ten (10) feet. Mr. Gathman stated, during
construction, employees will total 40 onsite, with workdays comprising of Monday through Friday,
from 7:00 a.m. to 6:00 p.m., and one (1) temporary construction trailer may be located on the site,
along with up to two (2) storage containers. He relayed any debris, junk, or waste associated with
the project will be removed upon completion of construction. He explained operation and
maintenance teams will visit the site four (4) to eight (8) times, annually, there will be an
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2024-1554
PL2918
HEARING CERTIFICATION - CHRISTOPHER CANNON, CURTIS MONTGOMERY CANNON,
AND THE ELIZABETH ANNE NEWTON TRUST, C/O PIVOT SOLAR 58, LLC, AND
PIVOT SOLAR 60, LLC (USR24-0008)
PAGE 2
eight (8) -foot -tall, wildlife friendly game fence around the project, and the operational lease for the
project is for 21 years, with an option of two (2), ten (10) -year extensions. He stated the Weld
County Code requires landscaping and screening, or waivers from affected property owners if
within 500 feet of their residence, and described the six (6) USRs within one (1) mile of the site.
Mr. Gathman shared Notice was sent to eight (8) surrounding property owners (SPOs), and no
correspondence was returned. He relayed the site is located within the three (3) mile referral area
of the City of Greeley, who stated the subject site is located within their long range expected
growth area, in which the City anticipates annexation and Urban Development to occur in the
future, per the Long Range Expected Growth map; however, no specific future land use is
identified for the area. He stated the City attached setback and landscaping standards in their
referral if the site is annexed. He shared, per the Development Review staff, the proposed access
is onto County Road (CR) 47, at an existing permitted location, which is controlled by an Access
Control Plan, and the applicant is required to obtain a Commercial Access Permit for a location
that complies with the Access Control Plan. He shared this portion of CR 47 is designated as a
County Highway, which is an arterial road requiring 140 feet of right-of-way. He relayed recent
traffic counts for this portion of the road showed 5,107 vehicles per day, with 34% trucks, and the
traffic information indicates construction traffic will be approximately 50 daily round trips of
passenger vehicles, equipment hauling trucks, delivery trucks and fuel delivery trucks, and during
operation, traffic will be approximately one (1) monthly round trip of a utility vehicle. He relayed
staff is requesting a Road Maintenance Agreement, which includes, but is not limited to, dust
control and damage repair to specified haul routes, during construction, and a Preliminary
Drainage Report was submitted, with an acceptable Final Drainage Report required. 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 Chair Ross, Mr. Gathman
confirmed Development Standard (DS) #6 is standard verbiage from the Weld County Code and
the panels shall not exceed 25 feet in height.
le Lauren Light, Department of Public Health and Environment, stated the facility will not have
employees, therefore, permanent water and sewer is not required, and screened, portable toilets
are acceptable during construction. She relayed a Dust Mitigation Plan was submitted, which
indicated water, vegetated cover, mulch, and wind breaks may be used, and sheep or crop
production may be used under the panels. She explained Environmental Health has six (6) DS to
be adhered to and there are no outstanding items with the request.
In response to Chair Ross, Kyle Sundman, Pivot Energy, indicated they had not had contact
with any of the Commissioners regarding this case.
Kyle Sundman, Pivot Energy, narrated a PowerPoint presentation, sharing the emphasis
placed on community commitment, by working with Bright Futures, local 4-H clubs, and local
non -profits. He stated all power generated by the SEF will stay in Weld County, construction is
generally completed within three (3) to four (4) months, and the facility operation lifespan is 20 to
40 years. He explained their commitment to a sub -surface drip irrigation system, to obtain good
crop production under the solar panels.
2024-1554
PL2918
HEARING CERTIFICATION - CHRISTOPHER CANNON, CURTIS MONTGOMERY CANNON,
AND THE ELIZABETH ANNE NEWTON TRUST, C/O PIVOT SOLAR 58, LLC, AND
PIVOT SOLAR 60, LLC (USR24-0008)
PAGE 3
IR Angela Burke, Pivot Energy, explained their 100% dual -use portfolio, including the acreage
amounts, livestock grazing, and crop production, as well as increased focus on habitat
enhancement, endangered species support and soil health. She relayed they focus on dual use
and dual harvest, pollinator friendly vegetation, sheep grazing and also integrating species such
as llamas, alpacas, Kunekune pigs, and grazing chickens, in addition to looking into alternate
racking of the panels which will allow grazing of cattle on their sites, in the future. She shared their
vision of crop production, committing to 30 -plus acres per site, making those profitable and
economically feasible for their farm partners. She explained some of their best practices were
learned from previous facilities, specifically, on the design and engineering side, increasing the
spacing and height of the array, allowing the subsurface drip to be installed, and the existing farm
equipment being able to drive between the rows. She explained the multiple agreements required
between Pivot Energy, the landowner, and the producer, and described the continued
engagement with site tours, a pro bono legal program launch, and research projects. In response
to Commissioner Freeman, Ms. Burke explained the farm partner has a smaller John Deere
tractor to harvest the alfalfa under the panels, and sheep will be dispatched to maintain the
vegetation.
le Mr. Sundman elaborated on their community engagement with landowners prior to submitting
permit requests.
Donna Newton, Cannon Farms representative, provided a history of the farm, explained their
journey to working with a SEF company, and commended their relationship with Pivot Solar.
E Commissioner Buck thanked the landowner for being present at the hearing. In response to
Commissioner Buck, Mr. Sundman confirmed they have a contract with Xcel Energy.
IE Eleanor Andrews, Greeley resident, explained she conducts research on energy production,
stating solar is a major part of the future in the country, and expressed her support for this SEF in
the County.
Therese Gilbert, Greeley resident, expressed her trust in the judgment of Ms. Newton for
allowing a new energy source, while supporting continued agriculture.
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.
The Board reviewed the Conditions of Approval and Development Standards. Mr. Sundman
explained the height of the panels depends on the type of agriculture; ten (10) feet is average,
and solar projects rarely exceed 12 to 14 feet. In regard to DS #19, Mr. Sundman stated the
southeast corner has been cleared of noxious weeds, and it will not affect this site.
Commissioner Freeman voiced his struggle with taking irrigated agriculture out of production.
Commissioner James expressed appreciation of the applicant's efforts to keep agriculture on the
site.
2024-1554
PL2918
HEARING CERTIFICATION - CHRISTOPHER CANNON, CURTIS MONTGOMERY CANNON,
AND THE ELIZABETH ANNE NEWTON TRUST, C/O PIVOT SOLAR 58, LLC, AND
PIVOT SOLAR 60, LLC (USR24-0008)
PAGE 4
El Commissioner James moved to approve the request of Christopher Cannon, Curtis
Montgomery Cannon, and the Elizabeth Anne Newton Trust, do Pivot Solar 58, LLC, and
Pivot Solar 60, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0008, 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. Chair Ross stated his opinion of
taking irrigated agriculture out of production. A vote was taken, and the motion carried
unanimously. There being no further discussion, the hearing was completed at 10:47 a.m.
This Certification was approved on the 3rd day of July, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:vo Ve; ,
Weld County Clerk to the Board �r�
BY:
Deputy Clerk to the
EXCUSED DATE OF APPROVAL
KeJ4n-B. oss, Chair
reeman
Scott K. James
EXCUSED DATE OF APPROVAL
Lori Saine
2024-1554
PL2918
ATTENDAN E LIST
DATE : (41 q 1- 1'
NAME - PLEASE PRINT INT LEGIBLY
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