HomeMy WebLinkAbout20242997.tiffHEARING CERTIFICATION
DOCKET NO. 2024-66
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0018, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CHAD AND CARIE SMITH, C/O PIVOT SOLAR 65, LLC
A public hearing was conducted on November 20, 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, Molly Wright
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
__ I hereby certify that pursuant to a notice dated October 21, 2024, and duly published
October 23, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request
of Chad and Cade Smith, c/o Pivot Solar 65, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR24-0018, 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.
Molly Wright, Department of Planning Services, provided the maximum height of the solar
panels, the number of employees, hours of operation, and mentioned the applicant may utilize
sheep for vegetation control. She described the screening options and shared, per the
Development Review staff, access will be on County Road (CR) 94. She provided the traffic
counts in the area, outlined the operation's anticipated traffic impacts, and noted Development
Review requested a Road Maintenance Agreement. She indicated notice was sent to seven (7)
surrounding property owners (SPOs), described the concerns outlined in the four (4) letters of
opposition that were received and stated the site is within the three (3) mile referral area of the
Town of Pierce. Ms. Wright further described the surrounding zoning and USRs, 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 there will be no
employees at the site, they can use screened, portable toilets during construction. She relayed
the applicants submitted a Dust Mitigation Plan, reiterated they may utilize sheep under the panels
to manage vegetation, and noted Environmental Health provided six (6) Development Standards
(DS) for the applicants to adhere to.
cc: 171. (vE/MN/ER/m /Ta /KW /KR) 2024-2997
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HEARING CERTIFICATION - CHAD AND CARIE SMITH, C/O PIVOT SOLAR 65, LLC
(USR24-0018)
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Kyle Hockstad, Pivot Energy, represented the applicant and in response to Chair Ross,
indicated he had not had contact with any of the Commissioners regarding this case. He provided
a PowerPoint presentation (Exhibit D) and gave an overview of Pivot Energy. He explained the
subject site is a dryland site, with no water available and provided project details, including the
construction timeline, and anticipated operational life. He discussed Pivot Energy's commitment
to land stewardship and agricultural integrity, outlined their neighbor outreach and communication
efforts, and mentioned they revamped the site plan, and decreased the production of the facility
by 20%, based on feedback from SPOs to the north.
Carle Smith, applicant, explained she and her husband chose to pursue solar to increase
their income after the loss of her husband's job in the oil and gas industry. She stated the land is
not productive farmland, the solar facility will benefit the community, and relayed they requested
further setbacks to help mitigate visual impacts for the SPOs to the north. In response to
Chair Ross, she described the buildings to the east of the SEF, on the displayed image, as her
home and the homes of three (3) SPOs, and Ms. Wright confirmed there are 500 -foot setbacks
from the residences. Responding to Commissioner Freeman, Mr. Hockstad clarified the location
of the screening for the neighbor who is within 500 feet of the facility to the east and confirmed
U.S. Highway 85 is to the west of the SEF. Commissioner Freeman stated he would like screening
along U.S. Highway 85. In response to Commissioner James, Ms. Wright explained the
Decommissioning and Reclamation Plan and Surety Bond assure reestablishment of the site will
happen following the SEFs useful life.. Commissioner Saine asserted that screening of highways
is not in Weld County Code, and she does not support the requirement of such.
Ei In response to Chair Ross, Mr. Hockstad re -displayed the image of the solar panel layout and
explained they are hoping to get screening waivers from the SPOs to the east, otherwise, they
will install opaque fencing, or vegetative screening on the SPOs property, if the SPOs so choose.
He asserted the neighbors to the east have expressed no concerns about visual impacts, and are
more concerned about dust mitigation. Chair Ross stated he believed screening should be on
applicant's property, not the SPO's.
No public testimony was offered concerning this matter.
The Board discussed the Conditions of Approval (COA) and Development Standards (DS)
with much of the discussion focusing on the location of screening, with Chair Ross preferring the
screening be on the applicant's land. Commissioner James believed it should be the SPO's
choice, Commissioner Saine agreed, and Mr. Hockstad confirmed they are offering the choice to
the SPOs. Commissioner Buck stated the letters of objection from the SPOs focused primarily on
the visual impacts, and Chair Ross clarified the letters were received from the SPOs to the north,
not the east. Commissioner Freeman stated it should be screened on the north, east and west,
and relayed the majority of the industrial uses along U.S. Highway 85 in that area are
fenced/screened. Mr. Hockstad confirmed for Commissioner James that their decision to reduce
the size of the SEF and move the panels to the south was made in conjunction with the letters
received from the SPOs to the north. Mr. Hockstad clarified that what the Board was referencing
as U.S. Highway 85, on the displayed map, is railroad tracks, and U.S. Highway 85 is west of
those, with the highway being very close to the railroad tracks. Chair Ross stated he would like
2024-2997
PL2934
HEARING CERTIFICATION - CHAD AND CARIE SMITH, C/O PIVOT SOLAR 65, LLC
(USR24-0018)
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screening on the north and east and Commissioner James asserted the applicant addressed the
concerns of the SPOs to the north by moving the facility south, relayed screening to the west was
erroneous, and Commissioner Saine agreed. In response to Mr. Hockstad, Chair Ross stated, if
the neighbors to the east provide a screening waiver then screening will not be required and
Mr. Hockstad explained to Commissioner Buck the communication he had with neighbors to the
north.
El In response to Chair Ross regarding screening on the north, Kyle Sundman, Pivot Energy,
reiterated Pivot Energy mitigated visual impacts to the north by reducing the system size by 20%
and pushing the project to the south. He requested the Board incorporate the words,
"commercially reasonable efforts,"to any COA or DS regarding screening, described options for
different types of landscaping/screening, and at the Board's request, provided language to be
added to COA #1.A (Screening Plan). Maxwell Nader, Department of Planning Services,
questioned what "commercially reasonable efforts" means, and after discussion, the Board
removed the language provided by Mr. Sundman. Ms. Wright provided language for a new DS #9
(landscaping and screening requirements) and the Board agreed to the aforementioned change.
In response to Chair Ross, Mr. Hockstad indicated, on behalf of the applicant, he had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner James moved to approve the request of Chad and Carie Smith,
c/o Pivot Solar 65, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR24-0018, 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 amended.
The motion was seconded by Commissioner Saine and upon a roll call vote, the motion passed
four (4) to one (1), with Chair Ross being opposed. (Clerk's Note: After the hearing Chair Ross
cited Code Section 22-2-30.C [Harmonize Development with surrounding land uses] and stated
the application did not meet the intent of said Code Section). The hearing was completed
at 10:57 a.m.
2024-2997
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HEARING CERTIFICATION - CHAD AND CARIE SMITH, C/O PIVOT SOLAR 65, LLC
(USR24-0018)
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This Certification was approved on the 9th day of December, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ����^ J G1 , ✓��
Weld County Clerk to the Board
BY:Ofted 114 • OQAl.(��l
Deputy Clerk to the Board
WELD COU
Key'
erry L. Byrfk, Pro-Tem
reeman
tt James
Lori Saine
2024-2997
PL2934
ATTENDANCE LIST
DATE: /J -7-O-24
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